Agenda packet — Lake Elsinore City Council, February 10, 2026 (part 2 of 3)

DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 C. Term and Compliance with TaskfVVork Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on January 24, 2023 and ending June 30, 2023. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed 2 additional twelve ( 12) month renewal terms by giving written notice thereof to Contractor not less than thirty 30) days before the end of the contract term, such notice to be exercised by the City Manager.

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

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor' s Proposal ( Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor' s annual compensation exceed for three hundred fifty thousand dollars and no cents ($ 350, 000. 00) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

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

Page 2 ends

DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 Section, the Contractor will submit an invoice to the City, pursuant to Section entitled " Method of Payment" herein.

7. Plans, Reports. Documents
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor' s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public's rights to documents under the Public Records Act, and any third -party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Propertx. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (" Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals otherthan Contractor or provided, to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City' s sole risk.

C. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Contractor shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor, which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City' s name or insignia, photographs relating to project for which Contractor' s services are rendered, or any publicity pertaining to the Contractor' s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

Page 3 ends

DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 required by law, from the date of termination or completion of this Agreement.

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

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

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

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

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

Page 4 ends

DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/ her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. ( FPPC Reg. 18700( a) ( 2).)

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.

Contractor shall maintain a City of Lake Elsinore business license.

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

Page 5 ends

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

16. Insurance Requirements .
a. Insurance. Contractor, at Contractor' s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insuranee and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer' s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor' s employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty 30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker' s Compensation Insurance and Employer' s Liability Insurance for his/ her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($ 1, 000, 000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11188) or Insurance Services Office form number GL 0002 ( ed. 1173) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars 1, 000, 000} combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best' s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.

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

Page 6 ends

DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.

V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty ( 30) days written notice has been received by the City.
c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City' s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

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

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

Attn: Josh Endresen
15301 Alvarado St
Lake Elsinore CA 92530

Page 7 ends

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

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

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

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

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

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

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

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

24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 15000, et seq., (" Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on " public works" and " maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws ( including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or nonpayment of prevailing wages under California law, and Contractor hereby agrees to defend,

Page 8 ends

DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force andeffect.
2$. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.

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

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

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

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

CITY OF LAKE ELSINORE, a municipal
corporation
DOCU igned by:
asaw S I.MPW
f11101011: 7:[oio]_k4
Endresen Development Inc., a Click or tap here
to enter text.

Page 9 ends

Dxu3igned 6y:

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

L
Signed by:

City Clerk
APPROVED AS TO FORM:

DocuSigned by:

City ttarney
Doc uSigned by:

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

Page 10 ends

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

EXHIBIT A

CONTRACTOR' S PROPOSAL
ATTACHED]

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

DEVELOPMENT
City of Lake Elsinore
To whom it may concern:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Page 7 ends

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

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

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

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

PRODUCER CONTACT Customer Service Team NAME:

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

INSURED
INSURER B:

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

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

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

LTR TYPE OF INSURANCE INSD VIVD POLICY NUMBER

POLICY EFF
MM1DD

POLICY EXP

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

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

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

OWNED SCHEDULED

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

HIRED NON - OWNED

AUTOS ONLY AUTOS ONLY
S

UMBRELLALIAB OCCUR EACH OCCURRENCE S
AGGREGATE $ EXCESS LIAB

CLAIMS - MADE
DED I I RETENTIONS r $

WORKERS COMPENSATION PER

EMPLOYERS' LIABILITY Y I N

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

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

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

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

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

PREFERRED CONTRACTORS INSURANCE COMPANY

RISK RETENTION GROUP, LLC

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

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

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

Name of Additional Insured:

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

Designated Project/ Location to which this endorsement applies:

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

1. Your acts or omissions; or

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

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

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

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

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

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

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

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

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

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

AND SUBSEQUENT RENEWALS.

NAMED INSURED AND ADDRESS

SMALL- ENDRESEN, JESSICA &

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

DESCRIPTION OF INSURED PROPERTY
RATED

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

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

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

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

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

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

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

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

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

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

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

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

VEHICLES ENDORSEMENTS TAXIFEE TOTAL PREMIUM

BILLY MCDOUGALL
TOTAL

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

PRINTED

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

IMPORTANT INFORMATION ON HOW TO REPORT A CLAIM

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

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

2. Make and Model of Vehicle

3. Car License Plate Number

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

5. Driver' s License Number

5. Insurance Company Name and Policy Number

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

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

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

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

INTERESTED PARTY LOSS PAYEE LOSS PAYEE
0024887773

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

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

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

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

PRODUCER

CONTACT
NAME:

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

INSURER E:

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

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

IHSRR

TYPE OF INSURANCE

ADOL SUBR

POLICY NUMBER

POLICY EFF POLICY EXP
LIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S

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

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

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

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

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

OWNED SCHEDULED

AUTOS ONLYAUTOS
BODILY INJURY ( Parawlt W) S

HIRED NON - OWNED

AUTOS ONLY NAUTOS ONLY

PROPERTY DAMAGE S
S

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

DED RETENTION S S

WORKERS COMPENSATION

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

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

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 U
IcM v, O
c
V
0 a
O
O.)
U
v
4J
kn
Tj
a
a
QJ a
ri
I Q}
u W U
IcMv, O
c ON 0 a
O
40 v
U
kn
Tj
a
e
f
p a a
U G N
O O
U L] CJ
a a
M
IcMv, O
c ON 0 a
40 kn
Tj
DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02

BUSINESS LICENSE
This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency.

Business Name: ENDRESEN DEVELOPMENT, INC
Business Location: 15301 ALVARADO ST
LAKE ELSINORE, CA 92530- 6963
Owner Name(s): JOSH ENDRESEN

ENDRESEN DEVELOPMENT, INC

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

CITY OF LAKE ELSINORE
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH ( 951) 674- 3124
BUSINESS LICENSE NO. 020309
Business Type: GENERAL BUILDING CONTRACTOR
Description: GENERAL CONTRACTOR
Issue Date: 10/ 1/ 2022 Expiration Date: 9/ 30/ 2023
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender- based discrimination of business establishments. A full notice is available in English or other languages by going to: https:// www. dca. ca.gov/ publications/ TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE AMENDMENT NO. 2

TO AGREEMENT FOR ON-CALL SERVICES
Cotter Construction Inc.

This Amendment No. 2 to Agreement for On-Call Services is made and entered into as of 2/10/2026, by and between the City of Lake Elsinore, a municipal corporation (“City), and Cotter Construction Inc., a California Corporation (“Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for on call services dated as of 1/24/2023, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

B. The Original Agreement provided for annual compensation to Contractor in an amount not to exceed two hundred and fifty thousand dollars and no cents ($250,000.00) and on January 9, 2024, Amendment No. 1 increase the amount by $250,000.

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

D. The parties now desire to amend the agreement and increase the term 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 Contractor agree as follows:

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

Notwithstanding the foregoing, for purposes of Amendments No. 1 and No. 2 the term shall be increased by one additional twelve (12) month renewal term with the same annual compensation not to exceed five hundred thousand Dollars ($500,000.00).

2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement as amended by Amendment No. 1 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Cotter Construction Inc.

City Manager
Date:

Andrew Cotter, Owner
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
Attachments: Amendment No.1
EXHIBIT A-1
CONTRACTOR’S PROPOSAL
[ATTACHED]
AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTOR SERVICES
Cotter Construction Inc.

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

B. The Original Agreement provided for compensation to Contractor in an amount of two hundred and fifty thousand dollars and no cents ($250,000.00).

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

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

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

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

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

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

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

IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Cotter Construction Inc.

City Manager
Date:

Andre Cotter, Owner
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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

AGREEMENT FOR CONTRACTOR SERVICES
Cotter Construction Inc.

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

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

On-call minor construction and repair services
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated August 8, 2022, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.

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

AGREEMENT

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

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

Page 1 ends

DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB c. Term and Compliance with Task/ Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on January 24, 2023 and ending June 30, 2023. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve ( 12) month renewal terms by giving written notice thereof to Contractor not less than thirty 30) days before the end of the contract term, such notice to be exercised by the City Manager.

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

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor' s Proposal ( Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor' s annual compensation exceed for two hundred fifty thousand dollars and no cents ($ 250,000.00) without additional written authorization from the City. Notwithstanding any provision of Contractor' s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

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.

Page 2 ends

DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB Section, the Contractor will submit an invoice to the City, pursuant to Section entitled " Method of Payment" herein.

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

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

Page 3 ends

DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor' s address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor' s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor' s representatives, or Contractor' s successor- in-interest.

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

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.

Page 4 ends

DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. ( FPPC Reg. 18700( a) (2).)

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.

Contractor shall maintain a City of Lake Elsinore business license.

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

Page 5 ends

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

16. Insurance Requirements .
a. Insurance. Contractor, at Contractor' s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City' s Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer' s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer' s Liability Insurance in accordance with the laws ofthe State of California for all of the subcontractor' s employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty 30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker' s Compensation Insurance and Employer' s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($ 1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/88) or Insurance Services Office form number GL 0002 ( ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non- owned vehicles, in an amount of not less than one million dollars 1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/90) Code 1 any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best' s rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensat ion, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City,

Page 6 ends

DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty ( 30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City' s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

If to City:

With a copy to:

If to Contractor:

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

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

Page 7 ends

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

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

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

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

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

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

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

Page 8 ends

DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

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

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

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

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

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

CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
CONTRACTOR"
Cotter Construction Inc., a

Page 9 ends

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

City Clerk
APPROVED AS TO FORM:

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

Its:

Andrew Cotter
Owner

Page 10 ends

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

FROM THE DESK OF

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

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

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

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

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

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

Respectfully,
Andrew Cotter

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

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

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
A/C, No):

FAX
E- MAILADDRESS:

PRODUCER
A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

OTHER:

Per accident)
Ea accident)
N / A
SUBR
WVD
ADDL
INSD

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

MM/DD/YYYY) NUMBERTYPEEFFPOLICY POLICY INSURANCELTRINSR OF DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $ EACH OCCURRENCE

AGGREGATE
OCCUR

CLAIMS-MADE
DED RETENTION $

PRODUCTS - COMP/OP AGG

GENERAL AGGREGATE

PERSONAL & ADV INJURY
MED EXP (Any one person)

EACH OCCURRENCE
DAMAGE TO RENTED $
PREMISES ( Ea occurrence)

COMMERCIAL GENERAL LIABILITY

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

POLICY PROJECT LOC

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

CANCELLATION

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

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

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

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date: Expiration Date:

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

CANYON LAKE , CA 92587

COTTER CONSTRUCTION INC
29903 GULF STREAM DR
CANYON LAKE , CA 92587
This business license is issuedfor revenue purposes only anddoes not grant authorization to operate a business. This business license is issuedwithout verificationthat the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency.

Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124

COTTER CONSTRUCTION INC

GENERAL ENGINEERING CONTRACTOR
026956
6/23/2022 6/30/2023
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender- based discrimination of business establishments. A full notice is available in English or other languages by going to: https:// www. dca. ca.gov/ publications/ DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB AMENDMENT NO. 2

TO AGREEMENT FOR ON-CALL SERVICES
B&B Nurseries Inc. (dba Landscape Center)
This Amendment No. 2 to Agreement for On-Call Services is made and entered into as of 2/10/2026, by and between the City of Lake Elsinore, a municipal corporation (“City), and B&B Nurseries Inc. a California Corporation (dba Landscape Center) (“Contractor”).

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

D. The parties now desire to amend the agreement and increase the term 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 Contractor agree as follows:

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

2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement as amended by Amendment No. 1 shall remain in full force and effect.

City Manager
Date:

Mark Barrett, President
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
Attachments: Amendment No.1
EXHIBIT A-1
CONTRACTOR’S PROPOSAL
[ATTACHED]
AMENDMENT NO. 1

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

B. The Original Agreement provided for compensation to Contractor in an amount of two hundred and fifty thousand dollars and no cents ($250,000.00).

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

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

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

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

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

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

City Manager
Date:

Mark Barrett, President
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
Attachments: Exhibit A-1 – Contractor’s Proposal
EXHIBIT A-1
CONTRACTOR’S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: 9838906A- 0038- 41 F6 -8D00 - 2E462682631 D

AGREEMENT FOR CONTRACTOR SERVICES
The Landscape Center

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

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

On- call minor construction and repair services
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated August 8, 2022, both of which are attached hereto as Exhibit A (collectively, the " Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.

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

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

Page 1 ends

DocuSign Envelope ID: 9838906A- 0038- 41 F6 -8D00 - 2E462682631 D C. Term and Compliance with TaskfVVork Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on January 24, 2023 and ending June 30, 2023. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed 2 additional twelve ( 12) month renewal terms by giving written notice thereof to Contractor not less than thirty 30) days before the end of the contract term, such notice to be exercised by the City Manager.

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor' s Proposal ( Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor' s annual compensation exceed for two hundred fifty thousand dollars and no cents ($ 250, 000. 00) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten ( 1 0) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this

Page 2 ends

DocuSign Envelope ID: 9838906A- 0036- 41 F6 -8D00 - 2E462682631 D Section, the Contractor will submit an invoice to the City, pursuant to Section entitled " Method of Payment" herein.

Page 3 ends

DocuSign Envelope ID: 9838906A- 0036- 41 F6 -8D00 - 2E462682631 D required by law, from the date of termination or completion of this Agreement.

Page 4 ends

DocuSign Envelope ID: 9838906A- 0036- 41 F6 -8D00 - 2E462682631 D 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).)

Contractor shall maintain a City of Lake Elsinore business license.

Page 5 ends

DocuSign Envelope ID: 9838906A- 0038- 41 F6 -8D00 - 2E462682631 D

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

Page 6 ends

DocuSign Envelope ID: 9838906A- 0038- 41 F6 -8D00 - 2E462682631 D 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.

Page 7 ends

DocuSign Envelope ID: 9838906A- 0036- 41 F6 -8D00 - 2E462682631 D

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

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

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.

Page 8 ends

DocuSign Envelope ID: 9838906A- 0036- 41 F6 -8D00 - 2E462682631 D 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.

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

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

CITY OF LAKE ELSINORE, a municipal
corporation
Docu Signed by:
ja5avr. SIYkMW
IriliU9I I:7:[oto] _k4
The Landscape Center, a Click or tap here to
enter text.

Page 9 ends

DxuSigned by:
boPQy's f
DocuSign Envelope ID: 9838906A- 0038- 41 F6 -8D00 - 2E462682631 D City Manager
ATTEST:

Doc uSigned by:

C * Y- rIeFk
APPROVED AS TO FORM:

DocuSigned by:

City Attorney
Doc uSigned by:

Sew
Assis ant i y Manager
Attachments: Exhibit A — Contractor' s Proposal
By: Mark Barrett
Its: President

Page 10 ends

DocuSign Envelope ID: 9838906A- 0036- 41 F6 -8D00 -2E462682631 D so
memo
The
I
Landscape
nt.er
CSLN 550 I
1Nholesale Nursery • 5pecimen Palms • Tree Reiocafion Speciollsts

COVER LETTER
August 23, 2022
Subject: Request for Proposals General Contractor Services On -Call & Minor Construction
To Whom it May Concern,
This letter certifies that, Mark Barrett, is authorized to contract on behalf of B & B Nurseries, Inc. dba The Landscape Center. Mark Barrett is the President of B & B Nurseries, Inc. dba The Landscape Center which has a primary office address of 9505 Cleveland Avenue Riverside, CA 92503. This is binding for a term of 120 days from the date of submittal to the City of Lake Elsinore.

If you should have any questions please do not hesitate to contact the company office at ( 951) 352- 8383.

Sincerely,
The Landscape C rater
Mark Barrett
President
B & B Nurseries, Inc. dba The Landscape Center
DocuSign Envelope ID: 9838906A- 0036- 41 F6 -8D00 - 2E462682631 D as
Rare
rare
Suer
rraa The,
Landsceeape
Center
C'" Wft,
Wholesale Nursery - Specimen Pakm - Irae Rebcuhon 5peclalLsts

CONTRACTOR' S INFORMATION

1. Contractor' s Area of Expertise
a. B & B Nurseries, Inc. dba The Landscape Center specializes in the relocation/ transplanting of large specimen palms and trees. It also specializes in the growing and selling of large specimen palms and trees. Other areas of capabilities are performing tree trimming, tree removal, landscape instal lationlrenovation and irrigation installation along with irrigation repair work.

2. Organizational Structure
a. B & B Nurseries, Inc. dba The Landscape Center is a S -Corp b. Incorporated in California in 1985.
c. Marls A. Barrett is the President, Secretary and Treasurer

3. Principal Office Location
a. 9505 Cleveland Avenue Riverside, CA 92503
b. Telephone 951- 352- 8383 Fax 951- 352- 3655

4. Number of Personnel
a. 20 personnel available to perform work as part of this project.

5. Employee Qualifications
a. Dillon Reynolds- ISA Certified Arborist, Qualified Pesticide Applicator b. Carl Mangold- Certified Crane Operator
c. Apolinar Tavira- Certified Crane Operator

6. Cost Proposal for Services
a. Landscape Laborer Prevailing Wage Rate Reg Hours= $ 95. 00 per hour b. Landscape Operating Engineer Wage Rate Reg Hours= $ 120. 00 per hour c. Crane Operating Engineer Wage Rate Reg Hours= $ 140. 00 per hour DocuSign Envelope ID: 9838906A - 003B- 41 F6 -8D00 -2E462682631 D as
SUND
OI
Sonoma
The
Landscape
Mr Center
Wtiolesde Nursery • Specknen Palms • Tree Re,ocafion SpeclaWs

RELATED PROJECT EXPERIENCE AND CLIENT REFERENCES

1. Mike Leggett -City of Anaheim Public Works Operations Superintendent a. 714- 755- 5934
b. mleg}7ettganaheim. net
c. Various projects performing removal and replacement of palm trees in Anaheim.
d. Various projects performing transplanting of palm trees in Anaheim.

2. Peter Provenzale- City of Santa Monica Urban Forest Supervisor a. 314- 458- 2241x2782
b. Peter. provenzalegsmgov. net
c. Transplanting oftrees throughout the City of Santa Monica.

Mihai Dan- City of Indian Wells Maintenance Supervisor
a. 750- 346- 2489
b. mdan a indianwells. com
c. Supply and installation of large specimen palm trees within the City of Indian Wells.

4. Gus Papagolos- City of Lake Elsinore
a. 951- 674- 3124
h. g_papagolos a,verizon. net
c. Supply and installation of large specimen palm trees.

DocuSign Envelope ID: 9838906A- 0036- 41 F6 -8D00 -2E462682631 D mars
or
oorr
rrrr The
Landscape
Center
1 olesoie Nursery Specimen PcArm • Tree Ralocahon speclallsts

SUB -CONTRACTORS
B & B Nurseries, Inc. dba The Landscape Center will not be utilizing sub -contractors as part of this agreement.

DocuSign Envelope ID: 9838906A- 0036- 41F6- 8D00- 2E462682631D as
Construction
g
Maintenance
Area
ones
Emergency and Afte+
Hours nate
SOON
Subcontractor
Services
Yes I No
Ross
NonPrevarTmg
WageRate
Samoan The
Prevailing
Wle Rate
Landscape
wr Center
W1101e60le Nursery • Spec kneai Pokes • Fres Rek) cvhon 5peclolLgt

FEE INFORMATION
Attachment " A"
Cost Proposal Sheet — General Maintenance Services
Please prdvide the fee quotes as follows ( Inclucle a schedule of rates by class#ficabon hourly rates):

In the column labeled " Bidder Notes' mark each maintenance area aeglnnmg with 1 to 11 ( f = most preferred area, 11= least preferred area). Please attach addibonaI pages 4 necessary GENERA! MAINTENANCE SERVICES WAGE RATES
Construction
g
Maintenance
Area
NommW Business Hours
Rate
Emergency and Afte+
Hours nate Unit or
Measure
tH° u
n Hour
Etc...

Subcontractor
Services
Yes I No
Bidder Hates
Non- lAtrwred rr Yeedvd:

PrevarTmg
WageRate
Prevailing
Wa Rate
Non'
Prevailing
W e Rate
Prevailing
Wle Rate
Carpentry N) A
Firvsh LYood
ng
N/ A
Purnbrg NIA
Eiectncal NIA
co, Ccre E 3rd
NIA

HVAC NIA
Pai NIA
sheet metal NIA
Dry Wall NUA
Roofing NIA
irrigation
Reppair 6500 95. 00 98. 00 16,0. 00 HR N0 1
Material Markup: 25 ° o ( percent)
Norma! Business Hours: 7. 30 a. m. to 5: 30 p. m. ( Monday -- Friday) Emergency and After Hours Service: 5: 30 p. m. to 7: 30 a. m. ( V eekends and Holidays)

Page 7 ends

DocuSign Envelope ID: 9838906A- 0036- 41 F6 -8D00 -2E462682631 D so
mass
01000
sow The,
WLrindS['alw
V&mmter
CSLN 553561
Wholesale Nwsery - Specimen Pahis • Tree Relocatlon 5peciolKts

CITY' S CONTRACTOR SERVCES AGREEMENT
B & B Nurseries, Inc. dba The Landscape Center does not take any exception to the City' s Contractor Services Agreement and finds it satisfactory.

DocuSign Envelope ID: 9838906A- 0036- 41 F6 -8D00 -2E462682631 D so
uses
muss
issoo
Owosso The
mrLandscape
Center
Wr 0lasols nursery Specimarn Palma • Tfee €?elocatlon Spedr,

CONTRACTOR' S LICENSE
C.; C
CT
STATE " CENSEaaaaa

ACTIVE LICENSE
553561 CORP
B 3 B NURSERIES INC DBA THE

LANDSCAPE CENTER
C27 C611D49
01/ 31/ 2023 www cslb ca roe ib
DocuSign Envelope ID: 9838906A - 003B- 41 F6 -8D00 - 2E462682631 D ACoORD® CERTIFICATE OF LIABILITY INSURANCE

DATE ( MM/ DDIYYYY)
10/ 26/ 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

PRODUCER
Bowermaster & Associates
10805 Holder St
Ste 350

CONTACT
NAME: Denise Lopez

PHONE FAX
A/ C No Ext): 714- 733- 6219 A/C No): 714- 252- 8253
ADDRESS: dlopez@bowermaster. com
Cypress CA INSURER( S) AFFORDING COVERAGE NAIC # 90630
INSURERA: Continental Insurance Company 35289
10/ 31/ 2022
INSURED LANDCEN- 01
B & B Nurseries, Inc. dba: The Landscape Center
9505 Cleveland Avenue
INSURER B : Cypress Ins Co 10855
INSURER C: American Casualty Company CNA Ins Co 20427
Riverside CA 92503 INSURER D :

INSURER E :

INSURER F,
100, 000
X
COVERAGES CERTIFICATE NUMBER: 1155421451 REVISION NUMBER:

INSR LTR TYPE OF INSURANCE
ADDL
INSD
SUBR

WVD POLICY NUMBER

POLICY EFF

MM/ DDIYYYY

POLICY EXP

MM/ DDIYYYY LIMITS
A X COMMERCIAL GENERAL LIABILITY Y 5095050641 10/ 31/ 2022 10/ 31/ 2023 EACH OCCURRENCE 1, 000,000

CLAIMS - MADE OCCUR

DAMAGE TO
PREM SES ( Ea
100, 000
X Subsidence Ded MED EXP ( Any one person) 15, 000
10, 000 PERSONAL & ADV INJURY 1, 000,000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2, 000,000 POLICY jE LOC PRODUCTS - COMP/ OP AGG 2, 000,000
OTHER:

C AUTOMOBILE LIABILITY 5095717529 10/ 31/ 2022 10/ 31/ 2023 COEaMBINED accident SINGLE LIMIT 1, 000,000
X ANY AUTO BODILY INJURY ( Per person)

OWNED SCHEDULED

AUTOS ONLY AUTOS
BODILY INJURY ( Per accident)

PROPERTY DAMAGE
Per accident X HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY
A X UMBRELLA LIAB OCCUR 7015375418 10/ 31/ 2022 10/ 31/ 2023 EACH OCCURRENCE 4, 000,000

AGGREGATE EXCESS LIAB CLAIMS - MADE
DED RETENTION $

B WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N
BBWC330279 4/ 1/ 2022 4/ 1/ 2023 X
PER OTHSTATUTE ER
ANYPROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT 1, 000,000 OFFICER/ MEMBER EXCLUDED? N/ A
Mandatory in NH) E. L. DISEASE - EA EMPLOYEE 1, 000,000 If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT 1, 000,000 A Pollution Liability 5095050641 10/ 31/ 2022 10/ 31/ 2023 Each Claim 1, 000, 000 Aggregate 2, 000, 000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Lake Elsinore, its officers, agents and employees are Additional Insured as respects General Liability per attached endorsement form, Primary and Non -Contributory wording included.

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

ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lake Elsinore
ACCORDANCE WITH THE POLICY PROVISIONS.
130 South Main Street
Lake Elsinore CA 92530 AUTHORIZED REPRESENT
USA
1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 9838906A- 0038- 41 F6 -8D00 - 2E462682631 D I
civa
Contractors' General Liability Extension Endorsement

1. ADDITIONAL INSUREDS
WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement:
1) is currently in effect or becomes effective during the term of this Coverage Part; and 2) was executed prior to:
a) the bodily injury or property damage; or
b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
1) a higher limit of insurance than required by such contract or agreement; or 2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below.

Any coverage granted by this endorsement shall apply only to the extent permissible by law.

A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization' s liability for bodily injury, property damage or personal and advertising injury arising out of:

1. such person or organization' s financial control of a Named Insured; or

2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

B. Co- owner of Insured Premises
A co- owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner' s liability for bodily injury, property damage or personal and advertising injury as co- owner of such premises.

C. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured' s maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.

D. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

CNA74705XX ( 1- 15)

Page 2 of 17 ends

Policy No: 5095050641
Endorsement No: 1
Insured Name: B& B Nurseries, Inc. DBA: The Landscape Center Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

DocuSign Envelope ID: 9838906A - 00313- 4l F6- 8D00- 2E462682631D cera
Contractors' General Liability Extension Endorsement
E. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor' s real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

F. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver' s liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured' s ownership, maintenance, or use of a premises by a Named Insured.

The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

G. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision' s liability for bodily injury, property damage or personal and advertising injury arising out of:

1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or

2. the permitted or authorized operations performed by a Named Insured or on a Named Insured' s behalf.

The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard.

With respect to this provision' s requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured.

H. Trade Show Event Lessor

1. With respect to a Named Insured' s participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization' s liability for bodily injury, property damage or personal and advertising injury caused by:
a. the Named Insured' s acts or omissions; or
b. the acts or omissions of those acting on the Named Insured' s behalf, CNA74705XX ( 1- 15)

Page 3 of 17 ends

Policy No: 5095050641
Endorsement No: 1
Insured Name: B& S Nurseries, Inc. DBA: The Landscape Center Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

DocuSign Envelope ID: 9838906A- 0038- 41 F6 -8D00 - 2E462682631 D cera
Contractors' General Liability Extension Endorsement
in the performance of the Named Insured' s ongoing operations at the trade show event premises during the trade show event.

2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products - completed operations hazard.

2. ADDITIONAL INSURED - PRIMARY AND NON- CONTRIBUTORY TO ADDITIONAL INSURED' S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:

If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and noncontributory relative to an additional insured' s own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured' s own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.

3. BODILY INJURY — EXPANDED DEFINITION
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:

Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.

4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions:

A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer' s authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice.

B. NOTICE OF OCCURRENCE
The Named Insured' s rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured' s reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim.

5. BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:

3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control:
a. on the effective date of this Coverage Part; or
b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance.

CNA74705XX ( 1 - 15)

Page 4 of 17 ends

Policy No: 5095050641
Endorsement No: 1
Insured Name: B& B Nurseries, Inc. DBA; The Landscape Center Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

DocuSign Envelope ID: 9838906A- 0038- 41 F6 -8D00 - 2E462682631 D CNA
Contractors' General Liability Extension Endorsement
d) explosion,
B. The following paragraph is added to LIMITS OF INSURANCE:

Subject to 5. above, $ 100, 000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product -completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured' s behalf by a subcontractor.

C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy.

7. CONTRACTUAL LIABILITY — RAILROADS
With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following:

Insured Contract means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to the Named Insured' s business ( including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization, Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

Paragraph f. does not include that part of any contract or agreement:
1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage;
2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured' s rendering or failure to render professional services, including those listed in 1) above and supervisory, inspection, architectural or engineering activities.

8. ELECTRONIC DATA LIABILITY
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following:

This insurance does not apply to:
p. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of:

CNA74705XX ( 1- 15)

Page 6 of 17 ends

DocuSign Envelope ID: 9838906A- 0038- 41 F6- 8D00- 2E462682631D CHA
Contractors' General Liability Extension Endorsement

10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:

This insurance does not apply to:

Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured, This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.

11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of:

1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products - completed operations hazard; and

2. All medical expenses under Coverage C,
that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project.

B. All:

1. Damages under Coverage B, regardless of the number of locations or construction projects involved;

2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and

3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project,
will reduce the General Aggregate Limit shown in the Declarations.

C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project.

D. When coverage for liability arising out of the products - completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard will reduce the Products - Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved.

E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project.

F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.

CNA74705XX ( 1- 15)

Page 8 of 17 ends

Policy No: 5095050641
Endorsement No; 1
Insured Name: B& B Nurseries, Inc. DBA: The Landscape Center Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

DocuSign Envelope ID: 9838906A- 0038- 41 F6- 8D00- 2E462682631D cera
Contractors' General Liability Extension Endorsement
A. Paragraph 1. b. is amended to delete the $ 250 limit shown for the cost of bail bonds and replace it with a 5, 000. limit; and
B. Paragraph 1. d. is amended to delete the limit of $ 250 shown for daily loss of earnings and replace it with a 1, 000, limit.

24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured' s Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.

25. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:

The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:

1. the Named Insured' s ongoing operations; or

2. your work included in the products - completed operations hazard.

However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:
1, is in effect or becomes effective during the term of this Coverage Part; and

2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.

26. WRAP- UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED ( WRAP- UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated ( wrapup) insurance program by applicable state statute or regulation.

If the endorsement EXCLUSION — CONSTRUCTION WRAP- UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs ( O. C. I. P.) or Contractor Controlled Insurance Programs ( C. C. I. P.) is attached, then the following changes apply:

A. The following wording is added to the above -referenced endorsement:

With respect to a consolidated ( wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of:

1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured' s ongoing operations at the project, or during such operations of anyone acting on the Named Insured' s behalf; nor

2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures.

B. Condition 4. Other Insurance is amend to add the following subparagraph 4. b.( 1)( c):

This insurance is excess over:
c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated wrap-up) insurance program, but only as respects the Named Insured' s involvement in that consolidated ( wrap- up) insurance program.

GNA74705XX ( 1- 15)

Page 16 of 17 ends

DocuSign Envelope ID: 9838906A- 0036- 41 F6 -8D00 - 2E462682631 D cera
Contractors' General Liability Extension Endorsement
C. DEFINITIONS is amended to add the following definitions:

Consolidated ( wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/ project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program ( O. C. I. P.) or Contractor Controlled Insurance Program ( C. C. I. P.).

Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to:

1. single or multifamily housing, apartments, condominiums, townhouses, co- operatives or planned unit developments; and

2. the common areas and structures appurtenant to the structures in paragraph 1. ( including pools, hot tubs, detached garages, guest houses or any similar structures).

However, when there is no individual ownership of units, residential structure does not include military housing, college/ university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons.

This WRAP- UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED ( WRAP- UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

CNA74705XX ( 1 - 15)

Page 17 of 17 ends

DocuSign Envelope ID: 9838906A - 003B- 41 F6 -8D00 - 2E462682631 D

Business Name: THE LANDSCAPE CENTER
Business Location: 9505 CLEVELAND AVE
RIVERSIDE, CA 92503- 6241
Owner Name(s): MARK BARRETT

THE LANDSCAPE CENTER
9505 CLEVELAND AVE
RIVERSIDE, CA 92503- 6241

CITY OF LAKE ELSINORE
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH ( 951) 674- 3124
BUSINESS LICENSE NO. 020086
Business Type: LANDSCAPING CONTRACTOR
Description: LANDSCAPING CONTRACTOR
Issue Date: 5/ 1/ 2022 Expiration Date: 4/ 30/ 2023
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender- based discrimination of business establishments. A full notice is available in English or other languages by going to: https:// www. dca. ca.gov/ publications/ TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE

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: Rick De Santiago, Public Works Manager
Date: February 10, 2026
Subject: Amendment No. 1 to the On-Call Services Agreement with J&M Leyva Enterprises in Support of City of Lake Elsinore Minor Construction, Maintenance, and Operations
Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the On-Call Services Agreement with J&M Leyva Enterprises for minor construction and repair Services to increase compensation by an additional $100,000.00 for a total amount not to exceed $200,000.00 in such final form as approved by the City Attorney.

Background
On April 30, 2025, the City posted the On-Call Request for Proposals (RFP) in PlanetBids, and by the May 20, 2025, deadline, the City received 17 proposals from various contractors.

On June 10, 2025, the City awarded an on-call agreement to J&M Leyva Enterprises to provide On-Call and Minor Construction services in support of the City of Lake Elsinore's maintenance and operational needs. These services include small-scale construction, repairs, facility improvements, and other tasks requiring a timely contractor response to maintain city infrastructure and support day-to-day operations.

Amendment No. 1 with J&M Leyva Enterprises

Page 2 of 2 ends

Discussion
Amendment No. 1 is being requested because the contractor has supported a high volume of work orders and minor construction projects across multiple city facilities. Increased operational demands, unplanned maintenance needs, and the need for immediate construction and repair services.

Fiscal Impact
Funds are available in the City’s FY25-26 Budget.

Attachments
Attachment 1 – Amendment No. 1
Exhibit A – Service Rates
Attachment 2 – Original Agreement
AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTOR SERVICES
J&M Leyva Enterprises Inc.

ON-CALL SERVICES
This Amendment No. 1 to Agreement for Contractor Services is made and entered into as of 2/10/2026, by and between the City of Lake Elsinore, a municipal corporation (“City), and J&M Leyva Enterprises Inc., a Licensed General Contractor (“Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 6/10/2025, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

B. The Original Agreement provided for compensation to Contractor in an amount of One Hundred Thousand dollars ($100,000.00).

C. The Original Agreement had a term of commencing on July 1, 2025, and ending June 30, 2028, and allows the City to extend the term on a 12-month basis, not to exceed two (2) additional 12-month renewals.

D. The parties now desire to amend and increase the payment for such services as set forth in this Amendment No. 1 for an annual amount not to exceed $200,000.00.

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

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

Notwithstanding the foregoing, for purposes of Amendment No. 1 and the term thereof, compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Contractor ’s Proposal (referenced collectively as Exhibit A-1 Amendment No. 1). In no event shall Contractor ’s compensation related to Exhibit A-1 to Amendment No. 1 exceed Two Hundred Thousand dollars ($200,000.00) without additional written authorization from the City Council.

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

Javier Leyva, CEO
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
Attachments: Exhibit A-1 – Contractor ’s Proposal
EXHIBIT A-1
CONTRACTOR ’S PROPOSAL
[ATTACHED]
J&M Leyva Service and Pricing Guide
Directional Drilling (Bore)
Mobilization: $1,500/day
Scope: Bore for underground utilities
Feet Range Unit Price ($/ft)
1' - 50' 100
51' - 200' 95
201' - 500' 90
501' - 1,000' 80
Concrete Work (4-inch Slab)
Mobilization: $1,500/day
Scope: Concrete slab pouring
Square Feet Range Unit Price ($/sqft)
0' - 100' 35
101' - 250' 30
251' - 500' 25
Asphalt Paving (Grind and Cap)
Mobilization: $1,500/day
Square Footage Rate ($)
Up to 500 sqft 4,750 (Daily Rate)
501 sqft and more $15
Sign Services
Service Type Rate
Monument Sign Repair $105/hour
New Monument Sign Project-Based Pricing
Other Services
Mobilization: $1,500/day
Service Rate Description
Block Wall (8 ft) $336/linear ft (1 ft) Construction with rebar and footings
Curbs and Gutters $50/linear ft (1 ft) Installation of curbs and gutters
Tile Flooring $3.5/unit Tile flooring installation
including prep and cleaning
Custom Cabinets $532/linear ft (30 ft) Cabinetry installation for office or kitchen
Dry Wall $2.52/linear ft (8-10 ft
height)
Material and cleanup
Steel Framing $112/linear ft Steel framing installation and cleanup
Wood Framing $28/linear ft (8-10 ft) Cleanup and materials included
Trenching Project-Based Pricing Excavation for utilities, foundation work, or
drainage systems,
Communications
Paint $490/sqft Painting services
Waterproof Flooring $9.1/sqft Waterproof flooring
installation
Counter Top $51.8/sqft Countertop installation

Page 1 ends

AGREEMENT FOR CONTRACTOR SERVICES
J&M Leyva Enterprises Inc.

ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of June 10, 2025 by and between the City of Lake Elsinore, a municipal corporation (the “City”) and J&M Leyva Enterprises Inc., a Licensed General Contractor (the “Contractor”). RECITALS A. The City has determined that it requires the following services:

On-Call minor construction and repair services.

B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated May 20, 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

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.

Page 2 ends

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

3. Compensation. Compensation to be paid to 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 Thousand ($100,000) 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

Page 3 ends

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

Page 4 ends

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.

Page 5 ends

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.

Page 6 ends

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,

Page 7 ends

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.

Attn: Javier Leyva
20671 Verta
Perris, Ca 92570

Page 8 ends

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.

23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or nonpayment of prevailing wages under California law, and Contractor hereby agrees to defend,

Page 9 ends

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.

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”
J&M Leyva Enterprises Inc. , a Licensed General
Contractor

Page 10 ends

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
By: Javier Leyva
Its: CEO
Attachments: Exhibit A – Contractor’s Proposal

EXHIBIT A

CONTRACTOR'S PROPOSAL
[ATTACHED]
J&M Leyva Service and Pricing Guide
Directional Drilling (Bore)
Mobilization: $1,500/day
Scope: Bore for underground utilities
Feet Range Unit Price ($/ft)
1' - 50' 100
51' - 200' 95
201' - 500' 90
501' - 1,000' 80
Concrete Work (4-inch Slab)
Mobilization: $1,500/day
Scope: Concrete slab pouring
Square Feet Range Unit Price ($/sqft)
0' - 100' 35
101' - 250' 30
251' - 500' 25
Asphalt Paving (Grind and Cap)
Mobilization: $1,500/day
Square Footage Rate ($)
Up to 500 sqft 4,750 (Daily Rate)
501 sqft and more $15
Sign Services
Service Type Rate
Monument Sign Repair $105/hour
New Monument Sign Project-Based Pricing
Other Services
Mobilization: $1,500/day
Service Rate Description
Block Wall (8 ft) $336/linear ft (1 ft) Construction with rebar and footings
Curbs and Gutters $50/linear ft (1 ft) Installation of curbs and gutters
Tile Flooring $3.5/unit Tile flooring installation
including prep and cleaning
Custom Cabinets $532/linear ft (30 ft) Cabinetry installation for office or kitchen
Dry Wall $2.52/linear ft (8-10 ft
height)
Material and cleanup
Steel Framing $112/linear ft Steel framing installation and cleanup
Wood Framing $28/linear ft (8-10 ft) Cleanup and materials included
Trenching Project-Based Pricing Excavation for utilities, foundation work, or
drainage systems,
Communications
Paint $490/sqft Painting services
Waterproof Flooring $9.1/sqft Waterproof flooring
installation
Counter Top $51.8/sqft Countertop installation

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date: Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE NOT TRANSFERABLE
20671 VERTA ST Business Type:

PERRIS, CA 92570-7443
J&M LEYVA GENERAL ENGINEERING INC.

J&M LEYVA ENTERPRISES INC.
19510 VAN BUREN BLVD # 288
RIVERSIDE, CA 92508-9457
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
J&M LEYVA GENERAL ENGINEERING INC.

J&M LEYVA ENTERPRISES INC.

GENERAL ENGINEERING CONTRACTOR
028054
12/1/2024 11/30/2025
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/

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: Rick De Santiago, Public Works Manager
Date: February 10, 2026
Subject: Amendment No. 3 to Agreement with Advanced Heating & Air Conditioning for A/C Replacement at Fire Station No. 85
Recommendation
Approve and authorize the City Manager to execute Amendment No. 3 to the On-Call Contractor Services Agreement with Advanced Heating & Air Conditioning for A/C replacement at Fire Station No. 85 increasing the compensation by an additional $14,500.00 for a total amount not to exceed $59,500.00 in such final form as approved by the City Attorney.

Background
Fire Station No. 85 requires reliable climate control to support emergency response operations, protect equipment, and maintain safe working conditions for Fire Department personnel. The existing A/C unit has experienced ongoing performance issues and has reached the end of its service life.

During recent diagnostic testing, Advanced Heating & Air identified a failed motor and metal debris distributed throughout the refrigerant line, indicating internal component failure. This contamination compromises the integrity of the entire system and makes repairs impractical, as debris can continue to circulate and damage replacement parts.

Amendment No. 3 with Advanced Heating & Air

Page 2 of 2 ends

Discussion
Amendment No. 3 is requested and will allow the City to proceed with the proposed replacement, which will eliminate the risk of further system failures, reduce long-term maintenance costs, and ensure the station remains fully operational during emergency response.

Fiscal Impact
Funds are available in the City’s FY25-26 Annual Operating Budget.

Attachments
Attachment 1 – Amendment No. 3
Exhibit A – Proposal
Attachment 2 – Amendment No. 2
Attachment 3 – Amendment No. 1
Attachment 4 – Original Agreement
AMENDMENT NO. 3

TO AGREEMENT FOR CONTRACTOR SERVICES
Advanced Heating & Air Conditioning

ON-CALL SERVICES
This Amendment No. 3 to Agreement for Contractor Services is made and entered into as of 2/10/2026, by and between the City of Lake Elsinore, a municipal corporation (“City), and Advanced Incorporated, Advanced Heating & Air Conditioning (“Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 9/26/2023, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

B. The Original Agreement provided for compensation to Contractor in an amount of Twenty-Five Thousand dollars ($25,000.00).

C. The Original Agreement had a term of commencing on September 26, 2023, and ending June 30, 2026, and allows the City to extend the term on a 12-month basis, not to exceed two (2) additional 12-month renewals.

D. Amendment No. 1 was approved on February 13, 2024, to increase compensation in an amount not to exceed Forty Thousand dollars ($40,000.00).

E. Amendment No. 2 was approved on May 13, 2025, to increase compensation in an amount not to exceed Forty-Five Thousand dollars ($45,000.00).

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

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

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

Notwithstanding the foregoing, for purposes of Amendment No. 3 and the term thereof, compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Contractor’s Proposal (referenced collectively as Exhibit A-1 Amendment No. 3). In no event shall Contractor’s annual compensation exceed Fifty-Nine Thousand Five Hundred Dollars ($59,500.00) without additional written authorization from the City.

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

IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Advanced Incorporated, a California corporation
DBA Heating & Air Conditioning
City Manager
Date:

Steven Shettleroe, President
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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

AMENDMENT NO. 2

TO AGREEMENT FOR CONTRACTOR SERVICES
Advanced Heating & Air Conditioning
On-Call Citywide Facility Repairs & Services
This Amendment No. 2 to Agreement for Contractor Services is made and entered into as of 5/13/2025, by and between the City of Lake Elsinore, a municipal corporation (“City), and Advanced Heating & Air Conditioning, a Corporation (“Contractor”).

B. The Original Agreement provided for compensation to Contractor in an amount of Twenty-Five Thousand dollars ($25,000.00).

C. The Original Agreement has a term commencing September 26, 2023, and ending June 30, 2026, and allows the City to extend the term of the Agreement on a 12-month basis not to exceed 2 additional 12-month renewal terms.

D. Amendment No. 1 was approved on February 13, 2024, to increase the compensation in an amount not to exceed Forty Thousand dollars ($40,000.00).

E. The parties now desire to amend and increase the payment for such services as set forth in this Amendment No. 2 for an annual amount not to exceed Forty-Five Thousand dollars ($45,000.00).

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

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

Notwithstanding the foregoing, for purposes of Amendment No. 2 and the term thereof, compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Contractor ’s Proposal (referenced collectively as Exhibit A-2 Amendment No. 2). In no event shall Contractor ’s compensation related to Exhibit A-2 to Amendment No. 2 exceed Forty-Five Thousand dollars ($45,000.00) without additional written authorization from the City Council.

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

Steven Shettleroe, President
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
Attachments: Exhibit A-2 – Contractor ’s Proposal
EXHIBIT A-2
CONTRACTOR ’S PROPOSAL
[ATTACHED]

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date: Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE NOT TRANSFERABLE
42103 RIO NEDO STE 101 Business Type:

TEMECULA, CA 92590-3750

ADVANCED HEATING AND AIR CONDITIONING

ADVANCED INCORPORATED
42103 RIO NEDO STE 101
TEMECULA, CA 92590-3750
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

ADVANCED HEATING AND AIR CONDITIONING

STEVEN SHETTLEROE

HVAC CONTRACTOR
024397
10/1/2024 9/30/2025
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/

CONSUMER DISCLOSURE From time to time, Carahsoft OBO City of Lake Elsinore (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after signing session and, if you elect to create a DocuSign signer account, you may access them for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must form on the signing page of a
DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Carahsoft OBO City of Lake Elsinore: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by phone call: 951-674-3124 x269
To contact us by email send messages to: [email protected] To advise Carahsoft OBO City of Lake Elsinore of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address..

In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in the DocuSign system.

To request paper copies from Carahsoft OBO City of Lake Elsinore To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to [email protected] and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Carahsoft OBO City of Lake Elsinore To inform us that you no longer want to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to [email protected] and in the body of such request you must state your e-mail, full name, US Postal Address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software Operating
Systems: Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X Browsers:

Final release versions of Internet Explorer® 6.0 or above (Windows only); (Mac only)
PDF Reader: Acrobat® or similar software may be required to view and print PDF files Screen
Resolution: 800 x 600 minimum
Enabled Security
Settings: Allow per session cookies
** These minimum requirements are subject to change. If these requirements change, you will be asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and browsers are not supported.

Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and
I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and
Until or unless I notify Carahsoft OBO City of Lake Elsinore as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Carahsoft OBO City of Lake Elsinore during the course of my relationship with you.

AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTOR SERVICES
Advanced Heating & Air Conditioning
On-Call Citywide Facility Repairs & Services
This Amendment No. 1 to Agreement for Contractor Services is made and entered into as of 2/13/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and Advanced Heating & Air Conditioning, a Corporation (“Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 2/14/2023, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

B. The Original Agreement provided for compensation to Contractor in an amount of Twenty-Five Thousand dollars ($25,000.00).

C. The Original Agreement had a term of three (3) years and allows the City to extend the term on a 12-month basis, not to exceed two (2) additional 12-month renewals.

D. The parties now desire to amend and increase the payment for such services as set forth in this Amendment No. 1 for an annual amount not to exceed $40,000.00.

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

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

Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor’s Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor’s annual compensation exceed forty thousand dollars and zero cents ($40,000.00) without additional written authorization from the City. Notwithstanding any provision of Contractor’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

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

Steven Shettleroe, President
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
EXHIBIT A-1
CONTRACTOR ’S PROPOSAL
[ATTACHED]
Current
Due
1-30 Days
Past Due
31-60 Days
Past Due
61-90 Days
Past Due
90+ Days
Past Due
Amount
Due

0.00 2,975.00 5,725.00 0.00 0.00
TERMS & EXCLUSIONS:
*Unless specified above - Hers Test & Permits are excluded and the responsibility of the property owner.* *We make no warranties on exsisting equipment.*
*We are not liable for damages to drywall in attic or closet doorway or opening.* +1 9516099881
[email protected]
http://advancedheatingandair.com
Statement
Hector Gonzales
City of Lake Elsinore
Maintenance
183 N Main Street
Lake Elsinore, CA 92530
3323
01/26/2024
$8,700.00

DATE PROJECT DETAILS AMOUNT OPEN
AMOUNT
12/01/2023 Invoice #9939: Due 12/01/2023.
22770 Railroad Canyon Rd, Lake
Elsinore, Ca. 92532
125.00 125.00
12/11/2023 Invoice #9964: Due 12/11/2023.

Launch point (A Frame IT Room)
5,600.00 5,600.00
01/18/2024 Invoice #10078: Due 01/18/2024.

Fire station #94
2,975.00 2,975.00

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date: Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE NOT TRANSFERABLE
42103 RIO NEDO STE 101 Business Type:

TEMECULA, CA 92590-3750

ADVANCED HEATING AND AIR CONDITIONING

Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124

ADVANCED HEATING AND AIR CONDITIONING

STEVEN SHETTLEROE

HVAC CONTRACTOR
024397
10/1/2023 9/30/2024
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/

Page 1 ends

AGREEMENT FOR CONTRACTOR SERVICES
Advanced Heating & Air Conditioning

ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of September 26, 2023 by and between the City of Lake Elsinore, a municipal corporation (the “City”) and Advanced Heating & Air Conditioning, a Corporation (the “Contractor”). RECITALS A. The City has determined that it requires the following services:

On-Call Citywide Facilities air conditioning repairs and services.

B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated July 21, 2023, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.

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.

Page 2 ends

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 September 26, 2023 and ending June 30, 2026. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

3. Compensation. Compensation to be paid to 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 Twenty-Five Thousand Dollars and Zero Cents. ($25,000.00) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

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

Page 3 ends

that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 7. Plans, Reports, Documents
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third-party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Contractor or provided, to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's 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

Page 4 ends

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

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

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

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

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

Page 5 ends

Page 6 ends

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.

Page 7 ends

iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

Page 8 ends

Page 9 ends

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.

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.

Page 10 ends

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
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
“CONTRACTOR”
Advanced Heating & Air Conditioning, a
Corporation Contractor
By: Steven Shettleroe
Its: President
Attachments: Exhibit A – Contractor’s Proposal

EXHIBIT A

CONTRACTOR'S PROPOSAL
[ATTACHED]

ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE LIMITS (MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $
DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO- POLICY LOC JECT PRODUCTS - COMP/OP AGG
OTHER: $

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

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $

HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) $
$
OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $
DED RETENTION $

PER OTH- STATUTE ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

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

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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
7/25/2023
(951) 284-4867
24449
Advanced, Inc. DBA: Advanced Heating & Air Conditioning 42103 Rio Nedo, Suite 101
Temecula, CA 92590
15884
A 1,000,000
X BPK0009111-02 11/13/2022 11/13/2023 500,000
10,000
1,000,000
2,000,000
2,000,000
A 5,000,000
BUM0008059-02 11/13/2022 11/13/2023 5,000,000
B
FLA019041-01 5/16/2023 5/16/2024 1,000,000
1,000,000
1,000,000
City of Lake Elsinore Maintenance Department is included as Additional Insured in regards to General Liability per attached endorsement.

City of Lake Elsinore Maintenance Department
521 North Langstaff Street
Lake Elsinore, CA 92530
ADVAHEA-05 JSAMSON
Inszone Insurance Services, LLC
2721 Citrus Road, Suite A
Rancho Cordova, CA 95742
Deena Evancik
[email protected]
Regent Insurance Company
Falls Lake Fire & Casualty Company
X
X
X
X X
CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

COMMERCIAL GENERAL LIABILITY
AH CG 8608 09 17
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AH CG 8608 09 17 Includes copyrighted material of Insurance Services Office Inc., with its permission.

CONTRACTORS BLANKET ADDITIONAL INSURED

ENDORSEMENT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. WHO IS AN INSURED (Section II) is amended to
include as an insured any person or organization
(called additional insured) whom you are required
to add as an additional insured on this policy
under a written contract or written agreement; but
the written contract or written agreement must be:

1. Currently in effect or becoming effective
during the term of this policy; and

2. B. The insurance provided to the additional insured
is limited as follows:

1. That person or organization is an additional
ins
by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on
your behalf.
in the performance of your operations for the
additional insured.

2. The Limits of Insurance applicable to the
additional insured are those specified in the
written contract or written agreement or in the
Declarations of this policy, whichever is less.

These Limits of Insurance are inclusive of,
and not in addition to, the Limits of Insurance
shown in the Declarations.

3. The coverage provided to the additional
insured by this endorsement and paragraph f.

DEFINITIONS (SECTION V) do not apply to
-completed operations
contract or written agreement.

4. The insurance provided to the additional
insured does not apply to:
the rendering of, or failure to render, any
professional architectural, engineering or
surveying services, including:
a. The preparing, approving, or failure to
prepare or approve maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; and
b. Supervisory, inspection, architectural or
engineering activities.

5. We have no duty to defend or indemnify an
additional insured under this endorsement:
a. For any liability due to negligence
attributable to any person or entity other
than you or those acting on your behalf in
the performance of your operations for
the additional insured.
b. For any loss which occurs prior to our
named insured commencing operations at
the location of the loss.
c. Until we receive written notice of a claim
required in the Duties In The Event of
Occurrence, Offense Claim or Suit
Condition. C. As respects the coverage provided under this endorsement, the COMMERCIAL GENERAL
LIABILITY CONDITIONS (SECTION IV) are
amended as follows:

1. The following is added to the Duties In The
Event of Occurrence, Offense, Claim or
Suit Condition:

An additional insured under this endorsement
will as soon as practicable:

Page 2 of 2 ends

Includes copyrighted material of Insurance Services Office Inc., with its permission.

Copyright, Insurance Services Office, Inc. 2002 AH CG 8608 09 17 (1) Give written notice of an occurrence
or an offense to us which may result
insurance;
(2) Agree to trigger or activate any other
insurance which the additional
insured has, which is primary, for a
loss we cover under this Coverage
Part by tendering the defense to the
insurers of all such other insurance.

2. As respects the coverage provided under this
endorsement, Paragraph 4.b. of the Other
Insurance Condition is deleted and replaced
by the following:

4. Other Insurance
b. Excess Insurance
This insurance is excess over any
other insurance naming the additional
insured as an insured whether
primary, excess, contingent or on any
other basis unless the written contract
or agreement described in A. above
specifically requires that this
insurance be provided on either a
primary basis or a primary and
noncontributory basis.

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date: Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE NOT TRANSFERABLE
42103 RIO NEDO STE 101 Business Type:

TEMECULA, CA 92590-3750

ADVANCED HEATING AND AIR CONDITIONING

Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124

ADVANCED HEATING AND AIR CONDITIONING

STEVEN SHETTLEROE

Page 1 of 1 ends

REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Candice Alvarez, MMC, City Clerk
Date: February 10, 2026
Subject: Minutes of the Regular Successor Agency Meeting of January 27, 2026 Recommendation
Approve the Minutes.

Attachments
Attachment 1 – Draft Minutes
City of Lake Elsinore Meeting Date:

City Council Meeting January 27, 2026
Minutes - Draft
Meeting Time:

Closed Session: 5:00 P.M.

Mayor Magee Open Session: 7:00 P.M.

Mayor Pro Tem Sheridan
Council Member Tisdale Cultural Center
Council Member Manos 183 N. Main Street
Council Member Carroll Lake Elsinore, CA 92530

1. CALL TO ORDER
The Regular Meetings of the City Council and the Successor Agency were called to order at 5:00 p.m.

2. ROLL CALL

Present: 5 - Council/Agency Members Tisdale, Manos, and Carroll; Mayor Pro Tem/Vice Chair Sheridan; and Mayor/Chair Magee

Absent: 0 - None

3. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
There were no speakers.

4. CITY COUNCIL CLOSED SESSION

1.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Lake Elsinore v Harry E. Mitchell, Debra Mitchell, and Administrator of The Estate Of Harry Edward Mitchell; And All Persons Unknown Claiming An Interest In The Property Commonly Described As 164 Main Street, Lake Elsinore, California (Case Number: CVRI2102535)

1.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APN: 379-180-002
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Mark Gore Under negotiation: Price and terms of payment
City Council Minutes - Draft January 27, 2026
City of Lake Elsinore Page 2

5. RECESS
The City Council recessed into Closed Session at 5:01 p.m.

6. RECONVENE/CALL TO ORDER - 7:00 P.M.

The Regular Meeting of the City Council reconvened and the Regular Meeting of the Successor Agency was called to order at 7:00 p.m.

7. PLEDGE OF ALLEGIANCE
Mayor Magee led the Pledge of Allegiance.

8. ROLL CALL

Present: 5 - Council/Agency Members Tisdale, Manos, and Carroll; Mayor Pro Tem/Vice Chair Sheridan; and Mayor/Chair Magee

Absent: 0 - None

9. CLOSED SESSION REPORT
City Attorney Leibold reported that all three items were discussed; however, no reportable action was taken.

10. PRESENTATIONS/CEREMONIALS

10.1 Recognition of Sergeant Richard A. Vargas
Present a Certificate of Recognition to Sergeant Richard A. Vargas.

Mayor Magee announced that the Certificate of Recognition would be delivered to Sergeant Vargas.

10.2 Business in Action Monthly Spotlight – Mason Motorsports Recognize Mason Motorsports as the City of Lake Elsinore’s Business in Action Monthly Spotlight for January 2026.

Mayor Magee presented the Certificate to Neal and Robert Mason.

11. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
There were no speakers.

City Council Minutes - Draft January 27, 2026
City of Lake Elsinore Page 3

12. CITY COUNCIL CONSENT CALENDAR
Moved by Council Member Manos, Seconded by Mayor Pro Tem Sheridan to approve the City Council Consent Calendar, with Agenda Item No. 12.1 being removed from the City Council Consent Calendar for discussion.

Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Carried (5 to 0)

12.1 Minutes of the Regular City Council Meeting of January 13, 2026 Approve the Minutes.

This item was removed from the City Council Consent Calendar for discussion.

12.2 CC Warrant Report dated December 22, 2025 to December 28, 2025 Receive and file.