DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. ( FPPC Reg. 18700( a) (2).)
12. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor' s field of expertise.
13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Lake Elsinore business license.
15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when ( 1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers. employees. agents. or volunteers and ( 2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply toany damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB
16. Insurance Requirements .
a. Insurance. Contractor, at Contractor' s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City' s Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer' s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer' s Liability Insurance in accordance with the laws ofthe State of California for all of the subcontractor' s employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty 30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker' s Compensation Insurance and Employer' s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($ 1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/88) or Insurance Services Office form number GL 0002 ( ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non- owned vehicles, in an amount of not less than one million dollars 1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/90) Code 1 any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best' s rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensat ion, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City,
DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty ( 30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City' s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City:
With a copy to:
If to Contractor:
City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
Cotter Construction Inc.
Attn: Andrew Cotter
29903 Gulf Stream Dr
Canyon Lake, CA 92587- 7468
DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB
18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor.
Contractor shall be fully responsible to City for all acts or omissions of any subcontractors.
Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions ofthose subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making ofthis Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (" Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on " public works" and " maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws ( including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or nonpayment of prevailing wages under California law, and Contractor hereby agrees to defend,
DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force andeffect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwisetake action on behalf of the City to make the following modifications to the Agreement: ( a) a name change; ( b) grant extensions of time; (c) non-monetary changes in the scope of services; and/ or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement: Incorporation: Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor' s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor' s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
CONTRACTOR"
Cotter Construction Inc., a
DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A - Contractor' s Proposal
By:
Its:
Andrew Cotter
Owner
DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB
FROM THE DESK OF
COTTER CONSTRUGTION
rNc
August 15, 2022
City of Lake Elsinore
To whom it may concern,
I, Andrew Cotter am the President of Cotter Construction and am authorized to negotiate on Cotter Construction lnc behalf. This letter is indefinitely binding towards that.
I have a General Engineering A license and a C-B concrete. This work is my exact area of expertise and no sub contractor will be needed. All hardscape and landscape is area of expertise for cotter construction.
cotter Construction is a corporation with Andrew Cotter as President. The location of the principle offices are located in Canyon Lake CA.
Cotter Construction has approx 8 full time employees split into 2 crews of 4. We have the reach of approx 30 masons at one time.
ljust recently completed a county funded proiect for city of canyon lake for ADA compliance for a public building. This included the walkway around the entire building being removed and replaced. City contact at city of canyon lake is Mike Borja for reference. Along with public proiect I work in the private sector doing concrete removal and all aspects of hardscape approx 80-1OO yards of concrete per week for approx 5 years as a business owner,
I also iust completed an ADA compliant walk path for the city of lake elsinore at the launch point. lt included a designed walk path by our offices to meet ADA Spec. This included shot Crete for slope retention and handrails.
Subcontractors are used when the needed for a specialty piece of equipment or expertise. lt is not often that subcontractors are used but when they are needed they are vetted and researched to provide the same quality of work that cotter construction demands and delivers.
DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB The attached cost proposalsheet is for a minimum of 10OO square feet of flatwork concrete placement. Does not include demo or grading and there are many factors that affect the total price of concrete related work.
I thoroughly enjoy working for the city of Lake Elsinore and look forward to the opportunity of providing service to the City.
Respectfully,
Andrew Cotter
ANDREW COTTER
29903 GULF STREAI{ DR. CANYON LAKE CA 92587 951- 833- 7842 DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB Attachment' A"
Cost Proposal Sheet - General Maintenance Services
Please provide the fee quotes as follows ( lnclude a schedule of rates by classification hourly rates):
ln the column labeled " Bidder Notes" mark each maintenance area beginning with 1 to 11 (1=most preferred area, 11= least prefened area). Please attach additional pages tf necessary.
GENERAL MAINTENANCE SERVICES WAGE RATES
Constructlon
Malntenance
Area
Normal Buslness Hours
Rata
Emelgency and Afur
l{ours Rate Unlt of
teasurc
Hourly,
Yz. Hout
Etc----l
Subcontractor
Servlcos
YesI No
Bldder Notes
Non- Attached if Needed)
Prcvalllng
Waoe Rate
Prevalllng
Weoa Rate
NonPrevaillng
Waoe Rate
Prevalllng
Waoe Rah
CarpenW i. i{.t}^ilrr WV oV1 &^ d,N 5 ob
Finish Wood
Workino
Plumbing
Electrical
Concrete and
Masonrv $$;' p"P b r5/r r+ fittlp{ fl>}*g,r
5$neti,,, e5
HVAC
Paintinq
Sheet Metal
DryWall
Roofing
lnigation
Ranair t[rx-.f,",r\A O \A ? o-tIA ..O1n
MaterialMarkup: "- O % ( percent)
Normal Business Hours: 7:30 a.m. to 5:30 p.m. ( Monday - Friday) Emergency and After Hours Service: 5:30 p.m. to 7:30 a.m. Weekends and Holidays) PageT
DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
A/C, No):
FAX
E- MAILADDRESS:
PRODUCER
A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
Per accident)
Ea accident)
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?(
Mandatory in NH)
DESCRIPTION belowIf OF OPERATIONS
yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
STATUTEPER EROTHMM/DD/YYYY) LIMITS( POLICY EXP(
MM/DD/YYYY) NUMBERTYPEEFFPOLICY POLICY INSURANCELTRINSR OF DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $ EACH OCCURRENCE
AGGREGATE
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG
GENERAL AGGREGATE
PERSONAL & ADV INJURY
MED EXP (Any one person)
EACH OCCURRENCE
DAMAGE TO RENTED $
PREMISES ( Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/ 03)
1988- 2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIREDAUTOS ONLY
01/27/2023
Edinger Insurance Services
31600 Railroad Canyon Road Suite H
Canyon Lake CA 92587
Eric Davis
951) 244-8760 ( 951) 244-8768
ericd@edingerins. com
Andrew Cotter
DBA: Cotter Construction
29903 GULF STREAM DR
Canyon Lake CA 92587
CNA Insurance Company
Clear Spring Property and Casualty Company
Infinity Select Insurance Company 20260
A
DED: $1,500
Y C6979907651 02/19/2022 02/19/2023
1,000,000.00
100,000.00
5,000.00
1,000,000.00
2,000,000.00
2,000,000.00
C 504610168494001 01/24/2023 01/24/2024
750,000.00
B Y Y CWC00326001 11/29/2022 11/29/2023
1,000,000.00
1,000,000.00
1,000,000.00
City of Lake Elsinore, is named as additional insured
City of Lake Elsinore
130 S Main St
Lake Elsinore CA 92530
DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB
CITY OF LAKE ELSINORE
TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:
Business Location:
Owner Name(s):
BUSINESS LICENSE NO.
Issue Date: Expiration Date:
BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
29903 GULF STREAM DR Business Type:
CANYON LAKE , CA 92587
COTTER CONSTRUCTION INC
29903 GULF STREAM DR
CANYON LAKE , CA 92587
This business license is issuedfor revenue purposes only anddoes not grant authorization to operate a business. This business license is issuedwithout verificationthat the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency.
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
COTTER CONSTRUCTION INC
COTTER CONSTRUCTION INC
GENERAL ENGINEERING CONTRACTOR
026956
6/23/2022 6/30/2023
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender- based discrimination of business establishments. A full notice is available in English or other languages by going to: https:// www. dca. ca.gov/ publications/ DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB AMENDMENT NO. 3
TO AGREEMENT FOR ON-CALL SERVICES
B&B Nurseries Inc. (dba Landscape Center)
This Amendment No. 3 to Agreement for On-Call Services is made and entered into as of 3/24/2026, by and between the City of Lake Elsinore, a municipal corporation (“City), and B&B Nurseries Inc. (dba Landscape Center) a (“Contractor”).
RECITALS
A. The City and Contractor have entered into that certain Agreement for on call services dated as of 1/24/2023, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
B. The Original Agreement provided for compensation to Contractor in an amount of two hundred and fifty thousand dollars and no cents ($250,000.00).
C. The Original Agreement had a term of one year with two one-year renewal options, commencing on 1/24/2023 and ending on 6/30/2023.
D. Amendment No. 1 approved on January 9, 2024, increased Contractor compensation in an amount of $75,000.
E. Amendment No. 2 approved on February 10, 2026, extended the term to June 30, 2027.
F. The parties now desire to increase 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 (Exhibit A).
In no event shall Contractor’s annual compensation related to Exhibit A exceed six hundred fifty thousand dollars ($650,000) without additional written authorization from the City Council.
Notwithstanding any provision of Contractor’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A respectively, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement as amended by Amendment No. 3 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”
B&B Nurseries Inc.
City Manager
Date:
Mark Barrett, President
Date: __
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
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. (dba Landscape Center) a (“Contractor”).
RECITALS
A. The City and Contractor have entered into that certain Agreement for on call services dated as of 1/24/2023, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
B. The Original Agreement provided for compensation to Contractor in an amount of two hundred and fifty thousand dollars and no cents ($250,000.00).
C. The Original Agreement had a term of one year with two one-year renewal options, commencing on 1/24/2023 and ending on 6/30/2023.
D. Amendment No. 1 approved on January 9, 2024, increased Contractor compensation in an amount of $75,000.
E. The parties now desire to amend the term 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 2c, Term and Compliance Task/Work Order System, of the Original Agreement is hereby amended to read in its entirety as follows:
Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing January 24, 2023 and ending June 30, 2027.
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.
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”
B&B Nurseries Inc.
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)
ON-CALL SERVICES
This Amendment No. 1 to Agreement for On-Call Services is made and entered into as of 1/9/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and B&B Nurseries Inc. (dba Landscape Center), a (“Contractor”).
RECITALS
A. The City and Contractor have entered into that certain Agreement for on call services dated as of 1/24/2023, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
B. The Original Agreement provided for compensation to Contractor in an amount of two hundred and fifty thousand dollars and no cents ($250,000.00).
C. The Original Agreement had a term of one year with three one-year renewal options, commencing on 1/24/2023 and ending on 6/30/2024.
D. The parties now desire to amend the agreement and increase the payment for such services as set forth in this Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows:
1. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:
Notwithstanding the foregoing, for purposes of Amendment No. 1 and the term thereof, compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Contractor’s Proposal (referenced collectively as Exhibit A-1 Amendment No. 1). In no event shall Contractor’s compensation related to Exhibit A-1 to Amendment No. 1 exceed seventy fifty thousand dollars and no cents ($75,000.00) without additional written authorization from the City Council. Annual compensation during each renewal term, if any, shall not exceed three hundred twentyfive thousand Dollars ($325,000.00).
Notwithstanding any provision of Contractor’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A-1 respectively, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
B&B Nurseries Inc. (dba Landscape Center).
City Manager
Date:
Mark Barrett, President
Date: __
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A-1 – Contractor’s Proposal
EXHIBIT A-1
CONTRACTOR’S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: 9838906A- 0038- 41 F6 -8D00 - 2E462682631 D
AGREEMENT FOR CONTRACTOR SERVICES
The Landscape Center
ON- CALL SERVICES
This Agreement for Contractor Services ( On -Call) ( the " Agreement") is made and entered into as of January 24, 2023 by and between the City of Lake Elsinore, a municipal corporation ( the " City") and The Landscape Center., a Licensed Contractor ( the " Contractor").
RECITALS
A. The City has determined that it requires the following services:
On- call minor construction and repair services
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated August 8, 2022, both of which are attached hereto as Exhibit A (collectively, the " Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions Agreement.
AGREEMENT
I . Scope of Services. Contractor shall perform the services and related work described in Contractor' s Proposal ( Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor' s Proposal ( Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour -a -day, 7 day -a -week, on- call and minor construction support on an as needed basis.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor' s Proposal ( Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work.
b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period( s) established in the Contractor' s Proposal ( Exhibit A). When requested by Contractor, extensions to the time period( s) specified may be approved in writing by the City Manager.
DocuSign Envelope ID: 9838906A- 0038- 41 F6 -8D00 - 2E462682631 D C. Term and Compliance with TaskfVVork Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on January 24, 2023 and ending June 30, 2023. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed 2 additional twelve ( 12) month renewal terms by giving written notice thereof to Contractor not less than thirty 30) days before the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/ Work Order issued by the City.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor' s Proposal ( Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor' s annual compensation exceed for two hundred fifty thousand dollars and no cents ($ 250, 000. 00) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor' s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor' s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor' s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor' s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same.
Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten ( 1 0) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
DocuSign Envelope ID: 9838906A- 0036- 41 F6 -8D00 - 2E462682631 D Section, the Contractor will submit an invoice to the City, pursuant to Section entitled " Method of Payment" herein.
7. Plans, Reports. Documents
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor' s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public's rights to documents under the Public Records Act, and any third -party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Propertx. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (" Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals otherthan Contractor or provided, to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City' s sole risk.
C. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Contractor shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor, which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City' s name or insignia, photographs relating to project for which Contractor' s services are rendered, or any publicity pertaining to the Contractor' s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Contractor' s Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three ( 3) years, or for any longer period
DocuSign Envelope ID: 9838906A- 0036- 41 F6 -8D00 - 2E462682631 D required by law, from the date of termination or completion of this Agreement.
G. Any records or documents required to be maintained pursuant to this Agreement shall be made available far inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor' s address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor' s business, City may, by written request by any of the above- named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor' s successor - in -interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor' s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor' s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/ or employee contributions for PERS benefits.
19. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/ or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of Contractor. Contractor ( including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor' s services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
DocuSign Envelope ID: 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).)
12. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor' s field of expertise.
13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/ or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/ or business licenses, certifications and/ or permits necessary for performing the services described in this Agreement, including a City business license.
14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Lake Elsinore business license.
15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of anyfederal, state, or municipal law orordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when ( 1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and ( 2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall applyto any damages orclaims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
DocuSign Envelope ID: 9838906A- 0038- 41 F6 -8D00 - 2E462682631 D
16. Insurance Requirements .
a. Insurance. Contractor, at Contractor' s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insuranee and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer' s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor' s employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty 30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker' s Compensation Insurance and Employer' s Liability Insurance for his/ her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($ 1, 000, 000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11188) or Insurance Services Office form number GL 0002 ( ed. 1173) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars 1, 000, 000} combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best' s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
This policy shall be considered primary insurance as respects the City,
DocuSign Envelope ID: 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.
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: The Landscape Center
Attn: Mark Barrett
9505 Cleveland Avenue
Riverside, CA 92503
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.
Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 15000, et seq., (" Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on " public works" and " maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws ( including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or nonpayment of prevailing wages under California law, and Contractor hereby agrees to defend,
DocuSign Envelope ID: 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.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force andeffect.
2$. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: ( a) a name change; ( b) grant extensions of time; ( c) non -monetary changes in the scope of services; and/ or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement: Incorporation: Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor' s Proposal is incorporated only for the description of the scope of services and/ or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor' s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
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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
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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
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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
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Services
Yes I No
Ross
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WageRate
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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
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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)
DocuSign Envelope ID: 9838906A- 0036- 41 F6 -8D00 -2E462682631 D so
mass
01000
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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
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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
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
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:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR 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)
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)
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)
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)
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 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)
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)
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- 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)
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 - 003B- 41 F6 -8D00 - 2E462682631 D
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: 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
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Adam Gufarotti, Assistant Director of Lake & Community Operations Date: March 24, 2026
Subject: Amendment No. 1 to the Agreement with GEI Consultants, Inc. for Lake Water Quality Testing & Reporting
Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with GEI Consultants, Inc. for lake water quality testing and reporting for an additional amount of $80,000 for a new not to exceed amount of $150,000 in such final form as approved by the City Attorney.
Background
Lake Elsinore is a vital resource for wildlife and recreation, but its location at the bottom of the San Jacinto Watershed makes it vulnerable to recurring algae blooms and water quality issues caused by nutrient-laden runoff. To address these challenges, the City Council approved a comprehensive Lake Management Plan in August 2023. Since then, the City has installed three nanobubble barges to improve oxygen levels and reduce algae, supported by an ongoing maintenance program that includes targeted algaecide treatments and shoreline upkeep. GEI Consultants provides ongoing lake water quality testing and conducts additional technical studies to help guide and inform these management efforts.
GEI Amendment No. 1
Discussion
The City has expanded the scope of work under the GEI contract to satisfy grant requirements and to further evaluate the performance of the nanobubble barges, including how this technology can be integrated into and support the future Lake Elsinore Aeration and Mixing System (LEAMS).
Fiscal Impact
Funding costs are included in the Fiscal Tear 2025/2026 Measure Z Budget.
Attachments
Attachment 1 – Amendment No. 1
Attachment 2 – Original Agreement
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
GEI Consultants, Inc.
Lake Water Testing & Reporting
This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 3/24/2026, by and between the City of Lake Elsinore, a municipal corporation (“City), and GEI Consultants, Inc., a Corporation (“Consultant”).
RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 3/25/2025, (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 Consultant in an amount of seventy thousand dollars ($70,000).
C. The Original Agreement had a term of two years (2) years, commencing on 3/25/2025 and ending on 6/30/2027.
D. The parties now desire to increase the payment for such services as set forth in this Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows:
1. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:
Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultant's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's annual compensation exceed one hundred and fifty thousand dollars ($150,000.00) without additional written authorization from the City.
Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
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
“CONSULTANT”
John Rudolph
City Manager
Date:
Senior Aquatic Scientist
Date: __
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
EXHIBIT A-1
CONSULTANT’S PROPOSAL
[ATTACHED]
TASK LABOR PROJECT SUPPLIES LABORATORY COSTS TOTAL
Task 0 - Project Management and Admin $5,130 $0 $0 $5,130 Task 1 - Synoptic DO Monitoring $19,700 $1,124 $0 $20,824 Task 2 - Cyanotoxin Sampling $15,790 $1,807 $6,006 $23,603 Task 3 - Phoslock Reporting Finalization $1,898 $0 $0 $1,898 Task 4 - Moleaer Prop 1, Rd 2 Report
Finalization/Meetings $8,550 $0 $0 $8,550
Task 5 - Miscellaneous Tasks $5,700 $0 $0 $5,700
Task 6 - Cover 2025-26 Overage $14,250 $0 $0 $14,250
TOTAL $71,018 $2,931 $6,006 $79,955
City of Lake Elsinore
On-Call Environmental Contract Change Order through June 2026 Provided by Chris Stransky & John Rudolph, GEI Consultants, San Diego CA March 19, 2026
AGREEMENT FOR PROFESSIONAL SERVICES
GEI Consultants, Inc.
Lake Water Testing
This Agreement for Professional Services (the “Agreement”) is made and entered into as of March 25, 2025, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and GEI Consultants, Inc., a corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Lake Water Testing
B. Consultant has submitted to City a proposal, dated March 14, 2025, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.
D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.
c. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on March 25, 2025 Docusign Envelope ID: A40B02DD-8A71-4F5F-B9D0-DF4196EA4F8D
and ending June 30, 2027. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Consultant not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultant's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's annual compensation exceed seventy thousand dollars ($70,000.00) without additional written authorization from the City.
Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge.
Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.
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7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any thirdparty requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
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b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered Docusign Envelope ID: A40B02DD-8A71-4F5F-B9D0-DF4196EA4F8D
by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members.
b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.
15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of Docusign Envelope ID: A40B02DD-8A71-4F5F-B9D0-DF4196EA4F8D
law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
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iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
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c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: GEI Consultants, Inc.
Attn: John Rudolph
5901 Prestly Drive, Suite 301
Carlsbad, CA 92008
18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
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21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to Docusign Envelope ID: A40B02DD-8A71-4F5F-B9D0-DF4196EA4F8D
make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) nonmonetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page]
Docusign Envelope ID: A40B02DD-8A71-4F5F-B9D0-DF4196EA4F8D
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONSULTANT”
GEI Consultants, Inc., a corporation
By: John Rudolph
Its: Senior Aquatic Scientist
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
Docusign Envelope ID: A40B02DD-8A71-4F5F-B9D0-DF4196EA4F8D
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: March 24, 2026
Subject: Public Works Construction Agreement with Rapid Fire Safety and Security for the Design, Purchase, and Installation of the Fire Suppression System, in the New Library (CIP Project No. Z20003)
Recommendation
Approve and authorize the City Manager to execute a Public Works Construction Agreement with Rapid Fire Safety & Security in an amount not to exceed $271,686.29 for the design, purchase, and installation of the fire suppression system in the new library in such final form as approved by the City Attorney; authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $27,169.00; and authorize the City Clerk to record the Notice of Completion once work is completed.
Background
The purpose of this report is to provide a comprehensive overview of the proposed design, purchase, and installation of the fire suppression system for the new library. The new Library building is currently under construction with the above ground construction effort soon to start.
Given the significance of this municipal facility, it is imperative to install a state-of-the-art fire suppression system to safeguard the structure and its occupants. In line with modern building codes and safety regulations, the fire suppression system will play a crucial role in minimizing firerelated risks and ensuring rapid response in the event of a fire.
Rapid Fire Agreement for New Library
Discussion
Several critical factors will be considered during the design phase of the fire suppression system:
Building Layout and Usage
The library design and installation of the fire suppression system must accommodate the specific layout and usage of each room, ensuring comprehensive coverage and accessibility.
Compliance with Safety Standards
The fire suppression system must comply with national and local fire safety standards, including the National Fire Protection Association (NFPA) codes and the International Building Code. (IBC). Adherence to these standards is essential to guarantee the effectiveness and reliability of the system.
Integration with all Building Systems
The fire suppression system will be integrated with all the building's existing alarm and emergency response systems. This integration ensures a coordinated and efficient response in case of fire, including automatic alerts to emergency services and building occupants.
The fire suppression system will consist of several key components, each of them requiring interfacing with all other building systems (i.e., air conditioning and heating systems, data and communication systems, security and monitoring systems, and emergency power back-up systems) all serving a vital function in detecting, controlling, and extinguishing fires:
- Design System
The design of the fire suppression system for the new Library will incorporate a combination of both active and passive protection measures. The system layout will be developed using detailed architectural and engineering plans to ensure all occupied spaces, mechanical rooms, and highrisk areas are adequately covered. Consideration will be given to zoning the system by room and function, allowing for targeted activation and maintenance while minimizing disruption to the building’s operations. Additionally, the selection of system components will be based on a risk assessment of each area, ensuring that the most effective suppression technology is used where it is needed most.
- Fire Sprinkler System
A network of fire sprinkler heads will be strategically installed throughout the building to provide immediate suppression of fires. The sprinkler system will be designed to activate automatically upon detecting heat, ensuring rapid response and containment. - Fire Alarm System
The fire alarm system will include smoke and heat detectors, manual pull stations, and audible/visual alarms. This system will provide early warning to occupants, allowing for safe evacuation and prompt notification of emergency services. - Standpipe System
Standpipes, equipped with hose connections, will be installed in key locations to support firefighting efforts. These standpipes provide a reliable water supply for firefighters, enabling them to combat fires effectively within the building.
Rapid Fire Agreement for New Library
- Fire Extinguishers
Portable fire extinguishers will be placed at strategic points throughout the building for use by trained personnel. These extinguishers will be selected based on the potential fire hazards in each area, ensuring appropriate coverage.
- System Testing, Commissioning, Training and Maintenance Once installation is complete, the fire suppression system will undergo rigorous testing to verify its functionality and compliance with safety standards. Any necessary adjustments or improvements will be made during this phase. The final phase will involve obtaining approvals from relevant authorities and handing over the fully operational fire suppression system to the City. Comprehensive training will be provided to ensure proper use and maintenance of the entire system.
Rapid Fire Safety & Security was the selected vendor for the design and installation of the fire suppression system in the new City Hall. By selecting Rapid Fire for the Library project, the City will have fire suppression system continuity in three major City facilities – the new City Hall, the Library, and the Senior Housing Project (also included in this evening’s agenda). Accordingly, the purchase of the fire suppression system from Rapid Fire provides assurance to the City of a properly designed system and high-quality system components, along with installation to be performed by Rapid Fire’s specially trained personnel and will also include unified future maintenance by Rapid Fire.
Pursuant to Section 3.08.070(G) of the Municipal Code, the City Council has the discretion to waive additional bidding requirement that would otherwise be utilized for this purchase. Selection of Rapid Fire will benefit the City in the following ways:
• Single Point of Responsibility
• Enhanced Communication and Collaboration
• Faster Project Completion
• Cost Savings by using a single vendor for multiple City facilities • Improved Quality Control by having system design and equipment continuity • Reduced Administrative Burden on City staff
• Rapid Fire’s demonstrative ability to integrate innovation and flexibility in its design In light of the reasons discussed above and the technical requirements of the design and installation of the system, it is in the best interest of the City to select Rapid Fire.
Fiscal Impact
Funding costs are included in the Fiscal Year 25/26 – 29/30 Capital Improvement Plan (CIP) budget, CIP Project No. Z20003.
Rapid Fire Agreement for New Library
Attachments
Attachment 1 – Agreement
Exhibit A – Proposal
1 Agreement No. __________
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Rapid Fire Safety & Security
For the
Library Design, Purchase, and
Installation of the Fire Suppression
System
CIP PROJECT NO. Z20003
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of March 24, 2026 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Rapid Fire Safety & Security (“Contractor”).
The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows:
1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as:
Library Design, Purchase, and Installation of the Fire Suppression System(the “Project”) The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Staff, are identified as:
The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein.
2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being two hundred seventy one thousand six hundred eighty six dollars and twenty three cents ($271,686.29). 2 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
3. Completion of Work.
a. Contractor shall perform and complete all work within 45 working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $500 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 3 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.
Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.
The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.
5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney.
6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.
7. Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.
8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to
4 property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
5 iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.
The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of 6 performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Rapid Fire Saferty & Security
Attn: Brian Modglian
36140 Jana Lane
Wildomar CA 92595
11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 7 17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City.
20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 8 b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.
Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.
23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page]
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Rapid Fire Safety & Security
City Manager
ATTEST:
By: Brian Modglian
Its: Chief Operations Office
City Clerk
APPROVED AS TO FORM:
By: Click or tap here to enter text.
Its: Click or tap here to enter text.
City Attorney
Assistant City Manager
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
SUBTOTAL $265,546.25
TAX @ 8.75% $6,140.04
GRAND TOTAL $271,686.29
Description of Work
Quote for New Fire Sprinkler System and Fire Alarm System NOTE: Plans and Design is included in this quote for both the Fire Sprinkler and Alarm installation Services to be completed
[Sprinkler] Location - Building
New Fire Sprinkler Installation System
[Alarm Systems] Location - Building
Installation of New Fire Alarm System
By my signature below, I authorize work to begin and agree to pay the Grand Total.
Name: Date:
Signature:
From Rapid Fire Safety & Security
LLC
36140 Jana Lane
Wildomar CA 92595
(800) 470-3473
https://www.rapidfiress.com/
Quote No. 2019246
Type Construction
Prepared By Ethan Barajas
Created On 02/17/2026
Valid Until 03/17/2026
Quote For City of Lake Elsinore
City Of Lake Elsinore- Library
251 N. Main St
Lake Elsinore CA 92530
951-764-2417
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: March 24, 2026
Subject: Public Works Construction Agreement with Rapid Fire Safety & Security for the Design, Purchase, and Installation of the Fire Suppression System, in the Senior Housing CIP Project No. Z20026
Recommendation
Approve and authorize the City Manager to execute a Public Works Construction Agreement with Rapid Fire Safety & Security in an amount not to exceed $204,405.91 for the design, purchase, and installation of the fire suppression system in the Senior Housing Project in such final form as approved by the City Attorney; authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $20,440.00; and authorize the City Clerk to record the Notice of Completion once work is completed.
Background
The purpose of this report is to provide a comprehensive overview of the proposed design, purchase, and installation of the fire suppression system for the Senior Housing Project. The new Senior Housing building is currently under construction with the above ground construction effort soon to start. Given the significance of this municipal facility, it is imperative to install a state-ofthe-art fire suppression system to safeguard the structure and its occupants. In line with modern building codes and safety regulations, the fire suppression system will play a crucial role in minimizing fire-related risks and ensuring rapid response in the event of a fire.
Senior Housing CIP Project
Discussion
Several critical factors will be considered during the design phase of the fire suppression system:
Building Layout and Usage
The Senior Housing Project design and installation of the fire suppression system must accommodate the specific layout and usage of each room, ensuring comprehensive coverage and accessibility.
Compliance with Safety Standards
The fire suppression system must comply with national and local fire safety standards, including the National Fire Protection Association (NFPA) codes and the International Building Code (IBC).
Adherence to these standards is essential to guarantee the effectiveness and reliability of the system.
Integration with all Building Systems
The fire suppression system will be integrated with all the building's existing alarm and emergency response systems. This integration ensures a coordinated and efficient response in case of fire, including automatic alerts to emergency services and building occupants.
The fire suppression system will consist of several key components, each of them requiring interfacing with all other building systems (i.e., air conditioning and heating systems, data and communication systems, security and monitoring systems, and emergency power back-up systems) all serving a vital function in detecting, controlling, and extinguishing fires:
- Design System
The design of the fire suppression system for the Senior Housing will incorporate a combination of both active and passive protection measures. The system layout will be developed using detailed architectural and engineering plans to ensure all occupied spaces, mechanical rooms, and high-risk areas are adequately covered. Consideration will be given to zoning the system by room and function, allowing for targeted activation and maintenance while minimizing disruption to the building’s operations. Additionally, the selection of system components will be based on a risk assessment of each area, ensuring that the most effective suppression technology is used where it is needed most.
- Fire Sprinkler System
A network of fire sprinkler heads will be strategically installed throughout the building to provide immediate suppression of fires. The sprinkler system will be designed to activate automatically upon detecting heat, ensuring rapid response and containment. - Fire Alarm System
The fire alarm system will include smoke and heat detectors, manual pull stations, and audible/visual alarms. This system will provide early warning to occupants, allowing for safe evacuation and prompt notification of emergency services.
Senior Housing CIP Project
- Standpipe System
Standpipes, equipped with hose connections, will be installed in key locations to support firefighting efforts. These standpipes provide a reliable water supply for firefighters, enabling them to combat fires effectively within the building.
- Fire Extinguishers
Portable fire extinguishers will be placed at strategic points throughout the building for use by trained personnel. These extinguishers will be selected based on the potential fire hazards in each area, ensuring appropriate coverage.
- System Testing, Commissioning, Training and Maintenance Once installation is complete, the fire suppression system will undergo rigorous testing to verify its functionality and compliance with safety standards. Any necessary adjustments or improvements will be made during this phase. The final phase will involve obtaining approvals from relevant authorities and handing over the fully operational fire suppression system to the City. Comprehensive training will be provided to ensure proper use and maintenance of the entire system.
Rapid Fire Safety & Security was the selected vendor for the design and installation of the fire suppression system in the new City Hall. By selecting Rapid Fire for the Senior Housing Project, the City will have fire suppression system continuity in three major City facilities – the new City Hall, the Library (also included in this evening’s agenda), and the Senior Housing Project.
Accordingly, the purchase of the fire suppression system from Rapid Fire provides assurance to the City of a properly designed system and high-quality system components, along with installation to be performed by Rapid Fire’s specially trained personnel and will also include unified future maintenance by Rapid Fire.
Pursuant to Section 3.08.070(G) of the Municipal Code, the City Council has the discretion to waive additional bidding requirement that would otherwise be utilized for this purchase. Selection of Rapid Fire will benefit the City in the following ways:
• Single Point of Responsibility
• Enhanced Communication and Collaboration
• Faster Project Completion
• Cost Savings by using a single vendor for multiple City facilities • Improved Quality Control by having system design and equipment continuity • Reduced Administrative Burden on City staff
• Rapid Fire’s demonstrative ability to integrate innovation and flexibility in its design Fiscal Impact
Funding costs are included in the Fiscal Year 25/26 – 29/30 Capital Improvement Plan (CIP) budget, CIP Project #Z20026.
Senior Housing CIP Project
Attachments
Attachment 1 – Agreement
Exhibit A – Proposal
1 Agreement No. __________
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Rapid Fire Safety & Security
For the
Senior Housing Design, Purchase, and
Installation of the Fire Suppression System
CIP PROJECT NO. Z20026
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of March 24, 2026 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Rapid Fire Safety & Security (“Contractor”).
The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows:
1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as:
Senoir Housing Design, Purchase, and Installation of the Fire Suppression System(the “Project”)
The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Staff, are identified as:
The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein.
2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being two hundred four thousand four hundred five dollars and ninety one cents ($204,405.91). 2 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
3. Completion of Work.
a. Contractor shall perform and complete all work within 45 working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $500 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 3 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.
Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.
The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.
5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney.
6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.
7. Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.
8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to
4 property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
5 iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.
The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of 6 performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Rapid Fire Saferty & Security
Attn: Brian Modglian
36140 Jana Lane
Wildomar CA 92595
11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 7 17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City.
20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 8 b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.
Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.
23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page]
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Rapid Fire Safety & Security
City Manager
ATTEST:
By: Brian Modglian
Its: Chief Operations Office
City Clerk
APPROVED AS TO FORM:
By: Click or tap here to enter text.
Its: Click or tap here to enter text.
City Attorney
Assistant City Manager
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
Description of Work
New Construction for New Fire Sprinkler System and New Fire Alarm System NOTE: Plan design is included in both the Fire Sprinkler System and Fire Alarm System.
This does not include any underground work.
Services to be completed
Sprinkler] Location - Building
New construction Fire Sprinkler System
Alarm Systems] Location - Building
Installation of New Fire Alarm System
Code Parts, Labor, and Items Quantity Unit Price Tax Total CAL- SprinklerPWL Sprinkler Labor Prevailing
Wage
384 $ 275.00 --$ 105,600.00
CAL-Sprinkler Part Sprinkler Part 210 $ 217.60 $ 3,998.40 $ 49,694.40 CAL-Plans and
Permits
Plans and Permits 1 $ 13,125.00 --$ 13,125.00
Equipment 1 $ 6,500.00 $ 568.75 $ 7,068.75
Fire Alarm System Install 1 $ 28,917.76 --$ 28,917.76
SUBTOTAL $ 199,838.76
TAX @ 8.75%$ 4,567.15
GRAND TOTAL $ 204,405.91
From Rapid Fire Safety & Security
LLC
36140 Jana Lane
Wildomar CA 92595
800) 470-3473
https:// www. rapidfiress. com/
Quote No. 2019310
Type Construction
Prepared By Ethan Barajas
Created On 02/26/2026
Valid Until 03/26/2026
Quote For City of Lake Elsinore
Riley Senior Living Lake
Elsinore
200 North Riley Street
Lake Elsinore CA 92530
951- 764- 2417
By my signature below, I authorize work to begin and agree to pay the Grand Total.
Name: Date:
Signature:
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Yu Tagai, City Engineer
Date: March 24, 2026
Subject: Professional Services Agreement with Albert A. Webb Associates for Environmental, Final PS&E, and Construction Support for the Highway Safety Improvement Program Cycle 12 Railroad Canyon Road Safety Improvement Project
Recommendation
Approve and authorize the City Manager to execute a Professional Services Agreement with Albert A. Webb Associates (Webb) for the Highway Safety Improvement Program Cycle 12 Railroad Canyon Road Safety Improvement project in an amount not to exceed $334,854 in such final form as approved by City Attorney; authorize the City Manager to execute change orders not to exceed a 10% contingency of $33,485 for uncertainties and adjustments.
Background
For the Highway Safety Improvement Program (HSIP) Cycle 12 grant, 330 applications were submitted, requesting $398.8 million of HSIP funding, and of that, 288 projects totaling $299.6 million in HSIP funds were selected. In 2025, the City of Lake Elsinore secured the HSIP Cycle 12 grant to implement safety improvements on Railroad Canyon Road from Summerhill Drive/Grape Street to the eastern city boundary, where project scope was based historical collision data. The project intends to relocate utility poles, install guardrails and high friction surface treatment, advanced signage, and signal hardware and signal timing improvements.
HSIP Cycle 12
The City has obtained authorization from California Department of Transportation (Caltrans) to conduct the Preliminary Engineering phase, which includes the environmental clearance and plans, specifications, and cost estimate (PS&E).
Discussion
Webb will provide civil engineering services necessary for environmental clearance, final PS&E, and construction support for the safety improvements on Railroad Canyon Road. The scope of services includes project management, conduct field reviews, preparation of Caltrans Preliminary Environmental Study and environmental documentation required for environmental clearance, preparation and completion of engineering PS&E and signal timing sheets, and provide construction support.
Fiscal Impact
Professional services agreement will result in a cost of $334,854 plus an additional 10% contingency of $33,485, to be funded by the HSIP grant with a 10% local match.
Attachments
Attachment 1 – Agreement
Exhibit A – Proposal
Attachment 2 – Vicinity Map
PSA HSIP Cycle 12 Albert A Webb.docx Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
Albert A. Webb Associates
Civil Engineering Services for Environmental Clearance, Final PS&E and Construction Support
This Agreement for Professional Services (the “Agreement”) is made and entered into as of March 24, 2026, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Albert A Webb Associates, a Corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Environmental clearance, final Plans, specifications, and engineer’s estimate, and construction support
B. Consultant has submitted to City a proposal, dated November 18, 2025, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.
D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.
c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed THREE HUNDRED THIRTY FOUR THOUSAND EIGHT HUNDRED FIFTY FOUR dollars ($334,854) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.
7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any thirdparty requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members.
b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.
15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Albert A. Webb Associates
Attn: Dilesh Sheth
3788 McCray Street
Riverside, CA 92506
18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) nonmonetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONSULTANT”
Albert A Webb Associates, a Corporation
By: Dilesh Sheth
Its: Senior Vice President
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
29 CITY OF LAKE ELSINORE
HSIP CYCLE 12 RAILROAD CANYON ROAD SAFETY IMPROVEMENTS
CITY PROJECT NO. Z10066 | FEDERAL PROJECT NO. HSIPL-5074
PROJECT UNDERSTANDING
The Highway Safety Improvement Program
(HSIP) Cycle 12 – Railroad Canyon Road Safety
Improvements Project is a key improvement initiative
that aims to enhance vehicle and pedestrian safety
by implementing well-documented and proven safety
countermeasures along the most heavily traveled
corridor in the City.
The project was started by a Local Roadway Safety
Plan (LRSP) that targeted this segment of Railroad
Canyon Road. The LRSP identified Railroad Canyon
Road as having the highest concentration of injury
and fatal collisions in the City. The LRSP focused on
collision history, Caltrans-approved safety
countermeasures, and the projected reduction in
collisions. The HSIP Cycle 12 grant application was
then completed and subsequently awarded to fund
the design and construction of proposed safety
improvements. The design effort will create a safer
Railroad Canyon Road—the City’s highest-volume
arterial—serving residents of Lake Elsinore, Canyon
Lake, Menifee, and beyond.
Project Components
This initiative consolidates six complementary safety
improvements into a single cohesive design effort:
1. Utility Pole Relocation: Relocate or
underground seven existing wood utility poles
that are located adjacent to the northern
curbline of Railroad Canyon Road. The poles
are to be relocated further away from the
curb or relocated underground to reduce or
eliminate vehicle collisions.
2. High Friction Surface Treatment (HFST):
Identification of HFST areas (new and/or
reapplication) along Railroad Canyon Road to
improve vehicle braking performance in both
dry and wet conditions.
3. Right Turn Lane at Church Road: Design and
construct a dedicated westbound right turn
lane at the intersection of Railroad Canyon
Road and Church Road. This lane will improve
safety by separating decelerating turning
vehicles from through traffic.
4. Driver Notification Equipment: Identify key
locations where additional driver notification
equipment will be most impactful. Notification
equipment that can be recommended includes
raised reflective pavement markers, additional
warning signage, and flashing beacons.
5. Signal Hardware and Timing Improvements:
Upgrade all traffic signals within the project
area with new signal heads with retroreflective
backplates, countdown pedestrian signal
heads, and APS push buttons where
necessary. Upgrades also include signal
timing improvements to implement a leading
pedestrian interval and update signal timing to
the latest California Manual on Uniform Traffic
Control Devices (CA MUTCD) standards.
6. Signal Timing Modification and Review:
The four existing traffic signals along Diamond
Drive at Grape Street, I-15 SB Ramps, Auto
Center Drive, and Mission Trail currently
operate in coordination for most of the day.
Signal timing improvements to include leading
pedestrian intervals and any required CA
MUTCD standards may require updates to the
signal coordination plan.
C. PROJECT UNDERSTANDING AND APPROACH
30 CITY OF LAKE ELSINORE
HSIP CYCLE 12 RAILROAD CANYON ROAD SAFETY IMPROVEMENTS
CITY PROJECT NO. Z10066 | FEDERAL PROJECT NO. HSIPL-5074
PROJECT APPROACH
WEBB’s project approach is grounded in contextsensitive design, interdisciplinary collaboration, and stakeholder involvement. Drawing upon our
experience delivering impactful transportation
projects, including the Cathedral City HSIP Cycle 8
Traffic Signal Improvements, and PLC North Offsite
Infrastructure Project (Perris), WEBB will develop
a technically sound, constructible, and HSIPcompliant design solution that meets the City’s safety objectives.
A. Collaborative Project Management
Five Key Elements
1. Project Scope: Establish and maintain a clear,
achievable, and context-sensitive scope of
work.
2. Project Team: Engage a highly experienced
multidisciplinary team with proven local
expertise.
3. Budget and Schedule: Maintain strong cost
and schedule controls through proactive
monitoring.
4. Quality Review: Conduct milestone-based
quality assurance and control reviews.
5. Project Communication: Foster effective,
transparent, and timely communication among
all stakeholders.
1. Project Scope
As detailed in our Scope of Work, the HSIP Cycle
12 – Railroad Canyon Road Safety Improvements
Project will deliver the final design of a greatly
enhanced corridor centered around traffic safety. The
improvements will positively impact thousands of
residents and visitors on a daily basis.
Our approach emphasizes early understanding of
project needs, technical feasibility, and interagency
coordination with the City of Lake Elsinore, Southern
California Edison, The Lamb’s Fellowship Church,
Caltrans, various communications utilities, and other
key stakeholders.
By integrating traffic safety and traffic operations,
WEBB will ensure the project successfully meets the
goals outlined in the City’s LRSP and HSIP Cycle 12
application.
2. Project Team
To meet the City’s goals and uphold WEBB’s high
standards of quality and responsiveness, we have
assembled an experienced multidisciplinary team
committed to partnership and accountability.
Project Leadership
Nick Lowe, MS, PE, TE, is a Deputy Director in
WEBB’s Traffic and Transportation Department with
over 13 years of experience managing roadway,
traffic signal, and active transportation projects
across Southern California. He will serve as the
Project Manager and primary point of contact for the
City of Lake Elsinore, overseeing the design process,
coordination, and delivery of all project services.
Nick will ensure consistent communication with
City Staff, monitor progress against milestones, and
maintain schedule and budget integrity throughout
the project. His extensive traffic safety and roadway
experience includes leading the HSIP 8 Traffic
Signal Improvements in Cathedral City, Avenue 50
Street Improvements connecting to regional Class I
facilities in Indio, and pedestrian and bicycle safety
enhancements along Palm Canyon Drive in Palm
Springs.
Nick’s ability to integrate multimodal design,
utility coordination, and stakeholder engagement
ensures that the HSIP Cycle 12 – Railroad Canyon
Road Safety Improvements Project is completed
as a keystone project that enhances safety and
accessibility.
Technical Expertise
WEBB’s integrated team includes specialists in
roadway, traffic, right-of-way mapping, and utility
design.
Myung Choo, PE, TE, is a Traffic & Transportation
Practice Area Leader at WEBB with extensive
experience delivering corridor improvement
and safety projects across Southern California.
His expertise in street design, traffic signals,
roundabouts, and multimodal corridors directly
supports the City of Lake Elsinore’s goals for safer,
more connected transportation networks.
Myung has led and designed several regionally
significant projects, including CVAG’s Arts & Music
Line, the East Broadway Complete Streets Project
in Long Beach, and multi-use trail and bikeway
31 CITY OF LAKE ELSINORE
HSIP CYCLE 12 RAILROAD CANYON ROAD SAFETY IMPROVEMENTS
CITY PROJECT NO. Z10066 | FEDERAL PROJECT NO. HSIPL-5074 improvements in Costa Mesa and Anaheim. His
experience coordinating with agencies, managing
complex utilities, and designing safe and effective
facilities will be instrumental in advancing the
HSIP Cycle 12 – Railroad Canyon Road Safety
Improvements Project through design and
construction.
Jaimee Bourgeois, PE, TE, is a Deputy Director in
WEBB’s Traffic and Transportation Department with
extensive experience delivering traffic safety and
operational improvement projets across Southern
California. Her expertise in traffic safety, traffic
signals, and safety studies are perfectly in line with
the City of Lake Elsinore’s vision for this project.
Jaimee has extensive experience with traffic safety
improvements and multi-agency coordination in her
time at public agencies and as a private consultant.
Her work includes traffic engineering roles at two
California cities, as well as traffic improvement
projects throughout the state. She has also
completed multiple HSIP applications and projects
through construction that led to safety improvements
for both intersection and roadway facilities. Her
experience coordinating with agencies, improving
traffic safety, and completing similar HSIP projects
will be instrumental in completing the HSIP Cycle
12 – Railroad Canyon Road Safety Improvements
Project successfully.
RGI Utility Coordination – Provides utility
coordination and conflict resolution, leveraging a
deep understanding of dry utility systems (electric,
telecommunications, and fiber) and long-standing
relationships with major utility providers such
as Southern California Edison (SCE), Frontier
Communications, Spectrum, and others. RGI’s role
will include early identification of potential utility
conflicts, coordination of record research, and direct
engagement with utility representatives to ensure
timely design input and relocation agreements.
3. Budget and Schedule
WEBB is dedicated to delivering projects that are
both technically successful and fiscally responsible.
This is achieved by employing experienced staff
equipped with the right tools for planning and
tracking projects. Project cost management involves
managing both design fees and construction costs.
Approach to Managing the Schedule
Our schedule management approach focuses
on communication, meeting interim milestones,
identifying information gaps, and adjusting priorities/ resources to address unforeseen delays:
• Meeting Interim Milestones: Progress will
be monitored through action item lists as
deliverables are prepared. Tracking individual
steps in the development of technical
documentation and setting interim goals/
milestones will highlight any schedule slippage
early, allowing for resource and priority
adjustments.
• Identifying Information Gaps: Project delays
can occur when key information is unavailable.
At the kickoff meeting, the WEBB team will
identify needed data and desired timelines
and follow up with stakeholders to facilitate
information exchange and acquisition.
• Adjusting Priorities/Resources: By
understanding the project’s status in real-time
versus the desired schedule through interim
milestones/action item lists, we can initiate
resource adjustments (additional help from
other WEBB departments or subconsultants)
to accelerate completion of critical-path
activities and keep the project on schedule.
4. Quality Reviews
For each project, WEBB conducts detailed quality
control reviews at major deliverable milestones
(Conceptual Design, 35%, 60%, 90%, and Final) and
compiles an electronic QA/QC binder. This binder
serves as a “one-stop shop” for the project’s QC
checklists, forms, notes, contract requirements, and
submittals. The forms are saved electronically and
accessible to all project team members. The QA/
QC Manager performs continual checks to enforce
standards and QC procedures.
5. Project Communication
Progress meetings with the WEBB team will develop
and review action item lists and completion status.
Results from these meetings, including action
items, will be shared with City of Lake Elsinore
staff via conference calls to confirm information
requirements, stakeholder decisions, data
availability, and next steps.
In addition, RGI will maintain direct communication
with dry utility providers to confirm field conditions, 32 CITY OF LAKE ELSINORE
HSIP CYCLE 12 RAILROAD CANYON ROAD SAFETY IMPROVEMENTS
CITY PROJECT NO. Z10066 | FEDERAL PROJECT NO. HSIPL-5074 gather existing facility data, and coordinate design
adjustments when necessary.
B. Context-Sensitive and Multimodal Design
WEBB’s design philosophy emphasizes Complete
Streets principles—balancing user safety, comfort,
and connectivity across all modes while respecting
corridor context.
Key design components include:
• Right Turn Lane Design: A minimum of 12’-
wide right turn lane is proposed for westbound
traffic at the intersection of Railroad Canyon
and Church Road to separate turning traffic
safely.
• Utility Coordination: Early coordination with
Frontier, Liberty Utilities, and SCE to identify
relocation locations and options, minimize
costs, and preserve service continuity.
• Safety Enhancements: Retroreflective
backplates, advanced warning signage, signal
timing updates, and high-friction surface
treatment in accordance with Caltrans Local
Roadway Safety Manual guidance.
C. Constructability and Cost Control
WEBB integrates constructability analysis into all
design stages. Our team will evaluate construction
sequencing, access, and traffic staging to minimize
impacts to businesses and the traveling public.
Each milestone submittal will include detailed
quantity takeoffs and cost estimates based on
Caltrans bid item data and local cost references. This
iterative cost validation ensures budget compliance
for future construction funding authorization.
D. Environmental
WEBB’s experienced Environmental Team has
extensive expertise in preparing CEQA and NEPA
documentation for transportation and active
transportation projects. The team successfully
completed both CEQA and NEPA clearances for
the CVAG Arts and Music Line project ahead of
schedule, demonstrating their ability to deliver highquality environmental documentation under tight deadlines.
KEY ISSUES AND SOLUTIONS
WEBB conducted a field review of the Project area
and identified three key issues that will influence the Project’s success. Observations from the field review
and a discussion of key issues are as follows:
Field Evaluation and Preliminary
Assessment
A field walk was conducted by WEBB staff to gain
a clearer understanding of each of the safety and
operational issues that the City faces with this
Project. WEBB had five key observations from the
field walk:
1. Utility Pole Locations and Inventory: The seven
identified utility poles are very close to the edge of
the roadway. The Caltrans Highway Design Manual
requires a minimum of 18” clearance between the
face of the curb and the face of the pole. Two of the
utility poles had less than the required clearance
distance, with one located directly behind the curb.
This situation makes it even easier for errant vehicles to collide with the utility poles. Relocation of these
poles further from the edge of the roadway or
moving them underground is necessary to improve
safety in this area.
It was also noted that the utility poles had
transmission, distribution, and communication lines
attached to them. This adds to the complexity of
relocating and undergrounding as multiple utility
companies will need to be coordinated with.
Each utility pole has a guy wire anchor which helps
keep the poles in place by opposing tension forces
brought on by the utility wires. These guy wire
anchors are located on the north side of the poles
directly adjacent to the existing slope. If the utility poles are to be relocated further away from the
roadway, these guy wire anchors will need to be
redesigned or relocated to maintain effectiveness.
33 CITY OF LAKE ELSINORE
HSIP CYCLE 12 RAILROAD CANYON ROAD SAFETY IMPROVEMENTS
CITY PROJECT NO. Z10066 | FEDERAL PROJECT NO. HSIPL-5074 Guy wire anchors located at the edge of the slope
Utility pole directly behind the curb with less than 12” of clearance
2. Slope: There is a significant downhill slope near
the existing sidewalk and utility improvements. The
bottom of the slope lies approximately 20’ to 35’
below the sidewalk along Railroad Canyon Road.
The slope appears to be generally at a 2:1 grade with
some areas adjacent to the existing church parking
lot being steeper.
Existing slope leading down to a cell tower.
3. Traffic Signal Equipment: The traffic signal
equipment at the five project signalized intersections
is generally new and in good condition. All
intersections are outfitted with video detection
systems (some with added radar), emergency
vehicle preemption equipment, adequate signal
head quantity and location, and pedestrian push
button systems. However, each intersection has
things that can be improved to bring them up to
the latest standards and enhance safety. These
improvements include retroreflective backplates,
accessible pedestrian signal (APS) pushbuttons,
and countdown pedestrian heads. In addition, signal
timing improvements can be incorporated to have all
signals up-to-date with CA MUTCD standards and
include leading pedestrian intervals for crosswalks.
NW corner of Tassel Way intersection
34 CITY OF LAKE ELSINORE
HSIP CYCLE 12 RAILROAD CANYON ROAD SAFETY IMPROVEMENTS
CITY PROJECT NO. Z10066 | FEDERAL PROJECT NO. HSIPL-5074
4. Traffic Speed and Volumes: Vehicle traffic
speeds were observed to be high along with dense
and continuous traffic in both directions of Railroad
Canyon Road. The latest citywide speed survey
shows an 85th percentile speed of 56 mph and a
posted speed of 50 mph. Traffic volumes from the
speed survey also indicate that over 40,000 vehicles
travel on Railroad Canyon Road daily. This many
vehicles traveling at high speeds adjacent to utility
poles is not an ideal situation.
5. Roadway Geometry: The road also has several
horizontal curves along with three vertical curves that require attentive drivers to navigate it successfully.
There are also no bike lanes or shoulders on the
majority of Railroad Canyon Road so there is little
room for driver error. Safety improvements are
recommended to enhance driver awareness of
speeds, roadway alignment changes, and upcoming
traffic signals, thereby improving safety along the
corridor. These improvements include both traffic
improvements, such as signs and beacons, along
with pavement enhancements to help vehicles slow
down and stop in a shorter distance.
Key Issues
1. Right Turn Lane
A westbound right turn lane at the intersection
of Railroad Canyon Road/Church Road was
recommended by the LRSP to separate decelerating
turning vehicles from the through movement.
This improvement is expected to reduce rearend collisions and near misses while improving intersection operation and capacity.
Field observations revealed that the amount of
existing buildable area along Railroad Canyon
Road for the right turn lane and adjacent sidewalk
is approximately 12’. This is too narrow for the
proposed improvements without encroaching on the
existing slope. The slope is steep and vegetated with
an approximate 25’ elevation difference.
A dedicated right turn lane typically includes a 12’ to 16’-wide lane, and a 6’-wide curb-adjacent sidewalk.
The design speed of the roadway determines the
length of the right-turn lane per the Caltrans Highway
Design Manual (HDM).
WEBB’s Proposed Approach
WEBB will verify the existing slope grade and ROW
boundaries early in design through survey and title
research, and will develop two design alternatives for
the City to review and select the preferred concept.
The posted speed of Railroad Canyon Road is 50
mph while the 85th percentile speed is 56 mph. The
55 mph was used as the de facto design speed for
the roadway for calculating the length of the rightturn lane. The HDM allows a speed reduction of up to 20 mph for the deceleration lane length. WEBB’s
initial assumption is that a 45 mph speed can be
used for the design length which results in a total
deceleration length of 375’, which includes the bay
taper. This deceleration length provides adequate
deceleration distance for turning vehicles while
reducing the amount of improvements required.
Both options include the relocation or
undergrounding of utility poles, along with the
adjustment of existing utility cabinets. The Project
will endeavor to maintain the existing church
monument sign and cell tower station in their current
state without modification. A guardrail may be
required for both options due to the potential steep
slope and/or above-ground obstructions.
Option 1 – Slope Grading
This option provides the proposed right-turn lane
by grading a portion of the existing slope adjacent
to the roadway. The slope behind the proposed
sidewalk would be graded at 2:1 to minimize the
amount of grading while maintaining constructability.
The existing slope is also densely vegetated. New
vegetation and/or hydroseeding will need to be
placed on the newly graded slope for erosion
control.
The challenges for this option are the steep grading,
modifications deep outside of public right-of-way,
and environmental concerns. The existing slope is
steep and potentially already at 2:1. Modifying the
slope will likely make the grade steeper than existing
or extend the bottom of the slope further north. It
is expected that nearly all of this grading work will
occur outside of the public right-of-way and will
require easements. WEBB’s civil design and survey
teams will determine the existing and proposed
conditions to determine the extent of Project
improvements and coordinate with the City. In
addition, the area to the north is part of or adjacent
35 CITY OF LAKE ELSINORE
HSIP CYCLE 12 RAILROAD CANYON ROAD SAFETY IMPROVEMENTS
CITY PROJECT NO. Z10066 | FEDERAL PROJECT NO. HSIPL-5074 to the San Jacinto River Wash, which is potentially
a protected area. WEBB’s environmental team can
identify any environmental concerns associated with
the Project and assist with the required clearances.
Option 2 – Retaining Wall
If right-of-way or slope design constraints limit the
implementation of a slope, a retaining wall design
option will be evaluated. This alternative maintains
the proposed 375’ right-turn lane, but proposes
to keep most of the existing slope in place while
constructing a retaining wall between the proposed
sidewalk and the hill.
This modified configuration minimizes right-of-way
and grading impacts by limiting slope modifications.
By providing a retaining wall, it also allows a flexible design of the level area to provide necessary room
for the right-turn lane, sidewalk, and utilities. For
example, a wider level area will allow more room
for relocated utility poles or provide spacing and
separation for underground utilities. However,
retaining walls limit future roadway flexibility and
maintenance access, and costs may increase due to
deep foundation requirements. WEBB’s civil design
team will come up with a preliminary retaining wall
design and cost to determine feasibility and fit within the restrictions and limitations of the HSIP grant.
2. Utility Constraints, Coordination, and
Relocation
Comprehensive utility coordination will be a critical
component of the project to accommodate the
proposed relocation of utility poles. The project
corridor contains several overhead and underground
utilities within and adjacent to the construction limits that will require relocation, protection, or adjustment to the final grade.
Existing Verizon and SCE poles and cabinets are
located near or within the proposed curb and
sidewalk alignment. SCE Transmission lines are
also located on existing utility poles, which can be
difficult and costly to relocate or move underground.
The limited amount of available space for relocation
may require utilities to share a joint underground
trench or continue to be located on the same utility
poles. To effectively manage these conflicts, WEBB
will schedule on-site field meetings with each
utility agency early in the design phase to review
their existing facilities, identify potential conflicts, and assess the complexity of adjustments or
relocations. Through these meetings, the team will
also determine utility ownership and prior rights
to identify which agencies are responsible for
performing and funding their respective relocations.
Because proposed improvements—such as
curb and gutter installation, sidewalk, and cut/fill
slope construction—will modify existing ground
elevations, early and proactive utility coordination
will be essential. In two locations, utility poles lie
directly within the proposed right-turn lane footprint, necessitating either lateral relocations or utility
undergrounding. Shallow underground utilities may
also require localized vertical design refinements to
maintain minimum cover. The remaining five utility
pole relocations are for traffic safety improvements
36 CITY OF LAKE ELSINORE
HSIP CYCLE 12 RAILROAD CANYON ROAD SAFETY IMPROVEMENTS
CITY PROJECT NO. Z10066 | FEDERAL PROJECT NO. HSIPL-5074 and will also be included in the utility coordination
efforts.
To manage these utility relocations, WEBB—
supported by RGI’s proven utility coordination
expertise—will implement a comprehensive utility
mapping and coordination program early in design.
This team boasts a strong track record of resolving
complex utility challenges within constrained
corridors in Riverside County. It is assumed that SCE
and the other utility companies will handle the design
of the utility pole relocations or undergrounding.
WEBB and RGI will provide utility research and
coordination between all parties through the end of
construction.
Key activities will include:
• Field Verification and Potholing: Surveygrade verification to confirm the exact depth, offset, and type of each facility.
• Agency and Utility Coordination:
Regular coordination meetings with
Southern California Edison (SCE), Frontier
Communications, Spectrum, Verizon, Crown
Castle, and other affected stakeholders.
• Base Map Integration: Incorporation of
verified utility data into planimetric mapping
and cross sections to minimize relocations
and construction risk.
Given the high density of infrastructure within the
limited north-side right-of-way, utility coordination
will be one of the most time- and cost-sensitive
elements of the project. Early engagement,
transparent communication, and proactive conflict
resolution will be critical to maintaining the schedule and budget.
Utility Coordination Deliverables
To support this effort, WEBB will prepare the
following deliverables:
• Utility Base Map: Consolidated mapping of
all verified overhead and underground utilities
integrated into the design plans.
• Utility Conflict Matrix: Detailed table
identifying each utility owner, facility type,
clearance, and required action (protection,
adjustment, or relocation).
• Pothole Summary Report: Documentation of
field verification results, including stationing,
depth, offset, and photographic evidence.
• Utility Coordination Log: Record of all
meetings, correspondence, and agreements
with utility agencies and owners.
• Relocation Concept Plans (if required):
Preliminary sketches illustrating proposed
adjustments and right-of-way implications for
inclusion in the 30% design submittal.
Through WEBB’s leadership, RGI’s specialized utility
coordination expertise, and WEBB’s understanding
of agency requirements, the team will provide the
City with a clear, actionable roadmap for managing
all utility conflicts—ensuring that responsibilities are well-defined, relocations are fully integrated into the design, and construction proceeds efficiently and
without delays.
3. Safety Improvements and Cost
Safety improvements not related to utilities for this
Project include traffic signal improvements, signage
improvements, and pavement upgrades. A field
review of the existing traffic signals determined that
the traffic signals are generally in good condition
with no obvious safety concerns or conflicts with
the CA MUTCD. The traffic signal improvements
proposed in the HSIP application are straightforward
equipment replacements, including new signal
head backplates and APS push buttons. The only
potential cost additions WEBB foresees are related
to signal controller upgrades due to a lack of leading
pedestrian interval programming and replacement
of entire traffic signal heads due to worn signal head
visors. These items are minor, however, and are not
expected to significantly impact Project budget.
Signage upgrades can include replacing existing
signs with new ones, adding new signs, removing
unnecessary signs, and upgrading signs with
flashing LEDs. Signs are generally a low-cost item,
but expected costs can rise if it is determined
that upgrading some sign locations with flashing
beacons or coordinated flashing LEDs is beneficial
to the Project. One example of an upgrade is to
replace the existing curve chevron signs (usually in
groups of 3 or 5 signs) with signs that are outfitted
with sequential flashing LEDs that “guide” vehicles
through the curve. These lights flash one after
another and are connected wirelessly to do so.
This improvement can increase driver awareness,
especially at night.
37 CITY OF LAKE ELSINORE
HSIP CYCLE 12 RAILROAD CANYON ROAD SAFETY IMPROVEMENTS
CITY PROJECT NO. Z10066 | FEDERAL PROJECT NO. HSIPL-5074 One of the main items of the HSIP grant is the
installation of high-friction surface treatment (HSFT)
on the existing roadway. This treatment is composed
of rough aggregate to increase vehicle tire friction
with the roadway surface, providing enhanced
stopping ability in both dry and wet conditions.
Vehicles can slow down more quickly to avoid or
mitigate a collision. HFST can be applied to existing
or new pavement, provided the pavement is in
good condition before installation. The existing
pavement is generally in good condition, but there
are noticeable longitudinal cracks primarily along
the lane lines and some lateral cracking throughout.
However, these cracks appear to be surface cracks
and a simple grind and overlay operation prior to
installation of HFST can be done. This may add
some unforeseen costs from the HSIP application.
WEBB’s thorough field review of pavement
conditions can help limit the amount of additional
pavement work.
WEBB’s goal for this Project is to provide all
identified countermeasures from the HSIP
application within the stated grant budget. This
may not be easy due to rapidly rising material and
construction costs, but WEBB will work closely with
the City to provide value engineering throughout the
design of the Project.
SCOPE OF WORK
TASK 1 – PROJECT MANAGEMENT AND
COORDINATION
▶ 1.1 Kick-off Meeting
Conduct a project kick-off meeting with City Staff,
subconsultants, and relevant agencies to confirm
project objectives, scope, schedule, communication
protocols, and deliverables. The meeting will
establish roles, responsibilities, coordination
procedures, and data needs to ensure efficient
project initiation.
▶ 1.2 Project Meetings
WEBB will schedule and attend meetings throughout
the planning and design phases, including but not
limited to:
a. Kick-off meeting with City Staff,
subconsultants, and agency representatives.
b. Monthly Project Development Team (PDT)
meetings.
c. City Council meetings, as necessary.
WEBB will schedule, chair, and prepare agendas and
minutes for all meetings. Agendas will be submitted
to the City for review two (2) working days prior to
the meeting. Meeting minutes will be distributed
to all attendees, invited participants, and the
City’s Project Manager within five (5) working days
following each meeting. Minutes will include a list
of attendees with contact information, a summary
of discussion items, decisions made, pertinent
technical details, action items, and follow-up
responsibilities.
▶ 1.3 Project Schedule
WEBB will prepare a detailed project schedule for
all phases of work using Microsoft Project. The
schedule will be provided to the City in digital format and will be updated regularly. Updated schedules
will be distributed during PDT meetings to track
progress and milestones.
The project schedule will identify all tasks and
subtasks in sufficient detail, including planning,
environmental, right-of-way, design, agency review,
City Council actions, utility relocation, grant funding, advertising, and construction. The schedule will
illustrate the critical path, interdependencies, and
durations for each task, including coordination
timelines for external agencies and utilities.
▶ 1.4 Progress Reports
Submit concise monthly progress reports
summarizing work completed, upcoming activities,
coordination efforts, and issues requiring City input
or action. Reports will be used to guide discussions
during regular progress meetings, ensuring the
project remains on schedule and within budget.
▶ 1.5 Agency and Stakeholder Coordination
Coordinate with all relevant agencies and
stakeholders to ensure project consistency
with regional plans, standards, and concurrent
improvements. Agencies may include, but are not
limited to, Caltrans District 8, utility companies,
and adjacent property owners. WEBB will maintain
proactive communication to resolve potential
conflicts early and ensure timely approvals.
38 CITY OF LAKE ELSINORE
HSIP CYCLE 12 RAILROAD CANYON ROAD SAFETY IMPROVEMENTS
CITY PROJECT NO. Z10066 | FEDERAL PROJECT NO. HSIPL-5074 ▶ 1.6 Caltrans Local Assistance Support
Collaborate with Caltrans Local Assistance and
City Staff to ensure all necessary LAPM forms are
completed correctly and on schedule, thereby
facilitating successful project funding and clearances
throughout construction.
TASK 2 – FIELD REVIEW AND SURVEY
▶ 2.1 Traffic Signals
• Field walk all traffic signals within the Project
area and take photos and measurements of
existing conditions.
• Coordinate with the County of Riverside traffic
signal maintenance staff for access to the
traffic signal controller cabinets.
• Prepare a detailed inventory of existing traffic
signal hardware on the poles and inside the
traffic signal cabinet. Compare inventory with
the latest as-built plans.
• Prepare a preliminary list of potential issues
regarding equipment operations, equipment
compatibility, and equipment location.
▶ 2.2 Roadway
• Field walk key areas of the roadway to
determine pavement conditions, traffic
markings, and roadway geometry.
• Take photos and record video of the entire
corridor. Compare findings with the latest asbuilt plans. • Identify location and extent of pavement
repairs needed prior to HFST installation.
Prepare an exhibit with locations and
descriptions of work. It is assumed that most
of the HFST will be installed on curves and at
intersection approaches.
• Prepare an inventory of signs and power
sources along the corridor for traffic-related
items. These items can be hardwired or solarpowered.
• Prepare an exhibit showing any potential
police turnout locations along the corridor.
Ensure locations are feasible and provide
enforcement vehicles enough room to
effectively operate.
• Research CA MUTCD and other jurisdiction
installations for higher frequency striping and
markers at curve locations. Prepare a memo
of findings and recommendations.
▶ 2.3 Railroad Canyon near Church Road
Survey and Base Mapping
A detailed and accurate field survey will establish the foundational data set for all design efforts. WEBB’s
in-house Survey Team will perform aerial (UAV/
LiDAR) mapping to capture the existing roadway,
slope, and utility conditions along the north side of
Railroad Canyon Road around Church Road. This
information will be essential for defining horizontal
and vertical alignment and right-of-way verification.
Field Survey
Establish horizontal and vertical control tied to
Caltrans and City benchmarks. Provide permanent
control monuments and coordinate files (Horizontal
control will be CCS83 Zone 6, NAD83(2011),
Epoch 2010.0) to ensure design and construction
consistency. Set ground control for topographic
mapping via aerial drone, utilizing aerial ortho
imagery and LiDAR mapping.
Conduct comprehensive aerial surveys covering
the full project limits. The survey will capture
pavement edges, curb returns, driveways, sidewalks,
manholes, walls, fences, and drainage features.
LiDAR data will provide a dense point cloud to
support accurate digital terrain modeling.
Alignment/Right-of-Way Mapping
Obtain and furnish two Title Reports from a title
company for APNs: 363-180-009 & -023. Title
reports will be used to verify legal ownership, legal
description of the property, and other easements/
encumbrances on the property that may impact the
project alignment and/or easement rights. (Scope
and Budget do not include subsequent updates to
the title report)
Utilizing available public records research tools,
along with the title reports obtained, research
and compile reference materials pertaining to the
alignment, including reference Record Maps, Corner
Records, Tie Sheets, Right-of-Way and Easement
Documents.
Compile record maps, title reports, and easement
documents to delineate existing ROW and ownership
limits. Prepare ROW base maps identifying
encroachments and potential areas for additional
ROW or Temporary Construction Easements (TCEs).
39 CITY OF LAKE ELSINORE
HSIP CYCLE 12 RAILROAD CANYON ROAD SAFETY IMPROVEMENTS
CITY PROJECT NO. Z10066 | FEDERAL PROJECT NO. HSIPL-5074 Combine survey, ROW, and utility data into a
master CAD base for all design disciplines, showing
contours, utilities, ROW lines, drainage structures,
and surface features. These CAD files will be used
for design purposes.
; Deliverables: CAD file basemaps, Stamped
Right of Way survey, two title reports
Legal and Plats
Prepare two legal descriptions and plats per City
of Lake Elsinore standards and requirements for
proposed utility and/or roadway easements adjacent
to Railroad Canyon Road.
Provide coordination, attend meetings, participate
in phone calls, respond to emails with City of Lake
Elsinore staff and project design team members
through the preparation of the legal description and
plat.
; Deliverables: PDF(s) of legal description(s)
and plat(s)
Feasibility Analysis
Review the survey data to determine the feasibility
of utility relocation, sidewalk reconstruction, and
potential retaining walls to accommodate the
installation of guardrails. It is assumed that Caltrans standard retaining walls and guardrails will be used
for the feasibility analysis. Provide a preliminary
layout and cost for utility relocation and utility
undergrounding options.
Review the survey data to determine the feasibility
of a westbound right-turn lane on Railroad Canyon
Road at Church Road. It is assumed that the
Caltrans HDM guidelines will be followed for the
length and sizing of the lane. Prepare an exhibit
showing the proposed improvement along with
impacts to existing features and right-of-way.
; Deliverables: Two preliminary layouts and
costs for utility relocations, Exhibit for rightturn lane Utility Research and Mapping
Research all known existing utilities in the Project
area using the DigAlert system. Prepare a request
letter for each utility on City letterhead for City
signature and submittal to expedite maps and
reduce or eliminate map fees.
Review utility maps and plot existing utility linework
in CAD. Compare plotted utility linework with field
photos, field measurements, and survey data. Make
adjustments as necessary for a complete utility
basefile. This basefile will be used to coordinate with utility companies and RGI.
; Deliverables: Utility map request letters,
utility maps, utility basefile
▶ 2.4 Railroad Canyon Road at Summerhill/Grape
Street (Optional Sub-Task)
Collect turning movement counts at the intersection
on a typical weekday morning. Turning movement
counts will be collected between the hours of 6AM
and 10AM to fully capture the traffic trends and
peak. Set up one to two additional cameras further
to the east of the intersection to capture westbound
queue lengths and lane utilization.
Conduct a site visit, preferably at the same time
as the traffic counts, to witness and assess traffic
conditions for the westbound approach to the
intersection. Document conditions using notes,
photos, and video.
Analyze traffic volumes and traffic conditions
to estimate the peak hour of traffic demand for
westbound vehicles traveling north on I-15.
Evaluate potential improvements to reduce
vehicle queues along Railroad Canyon. These
improvements may include driver notification and
education, signage, markings, or a combination
of improvements. Prepare a memo that provides
field findings, traffic count analysis, and
recommendations.
; Deliverables: Traffic counts, photos, videos,
memo
TASK 3 – PUBLIC OUTREACH
Prepare up to five (5) informational posts to be
provided throughout the life of the Project. Posts are
anticipated to be brief in nature and appropriate for
social media or website use. Posts are expected to
include brief text and one exhibit or photo.
Coordinate with City Staff for messaging, exhibits,
and submittals.
; Deliverables: Up to five social media or
website posts
40 CITY OF LAKE ELSINORE
HSIP CYCLE 12 RAILROAD CANYON ROAD SAFETY IMPROVEMENTS
CITY PROJECT NO. Z10066 | FEDERAL PROJECT NO. HSIPL-5074 TASK 4 – ENVIRONMENTAL CLEARANCE
▶ Task 4.1 NEPA Compliance
Preliminary Environmental Study (PES) Form -
Prepare and submit a PES Form for the HSIP Project
components and all required attachments including
pictures, maps, FEMA Zones, Initial Site Assessment
(ISA) Checklist, Visual Impact Assessment (VIA)
Checklist, and Air Quality Conformity Checklist
to Caltrans for review and comment, using the
standard form available on the SER website and
following the procedures outlined in Chapter 6 of the
Local Assistance Procedures Manual (LAPM). One
round of revisions is included for City and Caltrans
comments.
WEBB will electronically submit the PES Form and
attachments and follow up with Caltrans. Upon
PES approval, WEBB will coordinate with Caltrans
to prepare the appropriate NEPA documentation
anticipated to be a Categorical Exclusion (CE).
WEBB will prepare a draft CE and the Environmental
Commitments Records (ECR) to obtain NEPA
approval once all technical studies have been
approved.
▶ Task 4.2 NEPA Technical Studies
Based on WEBB’s experience, the following
technical studies have been included. If additional
technical studies or documentation are required by
Caltrans, such studies will be negotiated as separate
tasks.
Cultural Resources Assessment
It is anticipated a cultural resources assessment
will be required by Caltrans on the approved PES
Form. WEBB will contract with Applied EarthWorks,
Inc. (AE) to prepare the Historic Property Survey
Report (HPSR), which includes an Archaeological
Survey Report (ASR) and an Area of Potential Effect
(APE) Map that depicts the area impacted by the
Project, including staging, construction access
areas, and any utility and property relocation work.
The assessment will satisfy the requirements of the
California Environmental Quality Act (CEQA) and
the Caltrans’ Programmatic Agreement (PA) with
the California State Historic Preservation Officer
regarding compliance with Section 106 of the
National Historic Preservation Act (NHPA) and its
implementing regulations, 36 CFR Part 800. AE will
conduct the following tasks:
• Draft the Project APE map
• Cultural Records Search: Conduct a literature
search at the California Historical Resources
Information System (CHRIS) - The estimated
turnaround time for the literature and records
search is approximately six to eight weeks and
the total fee is assumed not to exceed $1,000.
• Native American Consultation: Assist Caltrans
in contacting Tribes/individuals identified by
the Native American Heritage Commission
(NAHC) with local Traditional Use Areas
who may have information regarding Native
American cultural resources within the Project
vicinity.
• Field Survey: A qualified archaeologist will
conduct an intensive pedestrian field survey
of the Project APE. It is assumed that no
subsurface testing will be completed and no
standing structures or other cultural resources
requiring documentation, updates, or
evaluation are present in the Project area.
It is assumed a Historic Resources Evaluation
Report (HRER) will not be required for the Project.
AE assumes that two rounds of comments will need
to be addressed following review of each submittal
to Caltrans and the City (i.e., draft and revised draft reports)
Biological Resources Assessment
WEBB will contract with South Environmental
to prepare the appropriate biological resources
documentation: a Western Riverside County Multiple
Species Habitat Conservation Plan (MSHCP)
Consistency Analysis Report and a Caltrans Natural
Environment Study (Minimal Impacts) Report.
MSHCP Report
• The Project is within the Western Riverside
County MSHCP area and within multiple
Criteria Cells. The report will include an
analysis of the consistency of the Project with
the goals of the MSHCP.
• Relevant literature will be reviewed, including
but not limited to California Natural Diversity
Database (CNDDB), California Native Plant
Society (CNPS) Inventory of Rare and
Endangered Plants, National Wetlands
Inventory (NWI), National Hydrography
Database (NHD), and the Natural Resources
Conservation Service (NRCS) Soils Database.
41 CITY OF LAKE ELSINORE
HSIP CYCLE 12 RAILROAD CANYON ROAD SAFETY IMPROVEMENTS
CITY PROJECT NO. Z10066 | FEDERAL PROJECT NO. HSIPL-5074 • A reconnaissance level site survey will be
conducted to map biological resources on the
parcel including plant communities, specialstatus species, and potential jurisdictional waters. The survey area will include the entire
Project site and a 500-foot buffer where
access is possible.
• A detailed biological resources assessment
report will be prepared that describes
the Project, environmental and regulatory
settings, maps plant communities and
sensitive habitats, discusses the potential
for jurisdictional features and special-status
species to occur on the parcel, wildlife
movement corridors and habitat linkages,
and assesses the potential impacts from
the proposed development to any protected
resources that might occur (if any).
• An analysis of the cumulative impacts to
biological resources anticipated by both the
Project and other unrelated projects that are
proposed in the area will be included. When
possible, recommendations will also be made
to include CEQA regulations and guidance
for avoidance and mitigation measures that
reduce or eliminate the potential Project
impacts to a less than significant level.
Natural Environment Study (Minimal Impacts)
Report
• The data collected during the reconnaissance
conducted for the MSHCP report, noted
above, will be used to complete a Natural
Environmental Study (Minimal Impact) Report.
The report will conform to the Caltrans
guidelines in the Natural Environment Study
(Minimal Impacts) Template dated August
2022 (or the most recent).
▶ Task 4.3 CEQA Documentation
It is anticipated that the Project would qualify for a
Categorical Exemption (CE) for CEQA compliance
in accordance with Public Resources Code (PRC)
21084; 14 California Code of Regulations (CCR)
15300 et seq because the Project consists of
improvements to existing intersections that it
will meet the requirements of a Class 1 (Existing
Facilities - Section 15301) and Class 2 (Replacement
and Reconstruction 15302) Categorical Exemption
in the CEQA Guidelines. Accordingly, a Notice of
Exemption can be prepared.
WEBB will prepare a Notice of Exemption pursuant
to the CEQA Guidelines Appendix E Notice of
Exemption form and City procedures. Once City
comments have been incorporated, WEBB will post
the Notice of Exemption with the Riverside County
Clerk and State Clearinghouse.
▶ Task 4.4 Environmental Project Manamgemt
and Caltrans Coordination
WEBB will coordinate with Caltrans in the
preparation of the CE and draft the CE and the
Environmental Commitments Records (ECR) for
Caltrans approval. This effort includes coordination
with City and subconsultants.
Assumptions and Exclusions
• No additional technical studies, checklist, or
additional analyses will be required
• Permitting or Agency fees are not included
• AB 52 consultation is not required
• Only electronic copies of environmental
documents will be required
• Land owner permission or access, if required,
will be obtained by City of Lake
• Assumes no federal lands or permits are
required
• Assumes no cultural resource and
paleontological resources will require
documentation and evaluation.
• Assumes no focused surveys ( i.e. burrowing
owls, rare plants, least Bell’s vireo) or
jurisdictional delineation, and if they are
determined to be required at a future time,
there will be additional scope and costs.
• Assumes no impacts to special-status
species.
• Assumes the Project biological impacts will
be minimal and that the Natural Environmental
Study (Minimal Impact) Report will be
sufficient for Caltrans documentation. If a full
Natural Environmental Study is required, a
contact amendment would be required.
• Assumes that biological detailed mapping of
all of the Criteria Cells will not be required for
MSHCP consistency analysis.
42 CITY OF LAKE ELSINORE
HSIP CYCLE 12 RAILROAD CANYON ROAD SAFETY IMPROVEMENTS
CITY PROJECT NO. Z10066 | FEDERAL PROJECT NO. HSIPL-5074 TASK 5 – 30%, 65%, 95%, 100% - PS&E
▶ 5.1 Geotechnical Evaluation
WEBB’s team will review available geotechnical
data and perform field reconnaissance to assess
soil conditions, compaction, and slope stability.
Recommendations will guide slope protection
methods and help determine civil design options.
The analysis and recommendation memo will be
prepared and submitted to the City.
▶ 5.2 Design Development and Utility
Coordination (65 %, 95 %, 100 %)
Following City and agency approval of the
preliminary design, WEBB will advance the design
through structured milestones—65 %, 95 %, and
100 %—to produce a complete, biddable, and
buildable Plans, Specifications, and Estimate
(PS&E) package. Each submittal will undergo
interdisciplinary QA/QC to ensure compliance with
all applicable standards.
Scope of Work Includes:
Phased Submittals (65 %, 95 %, 100 %)
• 65 % Submittal: establish geometry, grading,
and pavement limit framework with preliminary
quantities and costs. Begin drafting special
provisions.
• 95 % Submittal: integrate utility coordination,
agency feedback, and draft special provisions.
• 100 % PS&E: resolve all comments and
deliver final, City and Caltrans-compliant, bidready documents. ▶ 5.2.1 Roadway, Grading, and Guardrail
Plans
WEBB will prepare comprehensive plan and profile
sheets illustrating roadway geometry, grading,
ADA-compliant ramps, and smooth transitions to
adjacent and existing improvements. Cross sections
will be provided on the plans to show the extents
of proposed enhancements along with pavement
sections. Details of paving work, including grind and
overlay treatment, will be shown. Roadway plans
to include right-turn lane plan and profile, HFST
limits and details, sidewalk design, ADA ramp and
driveway design (if needed), and demolition limits.
Grading plans to include limits of grading, existing
and proposed slope grades, and cut/fill quantities.
Guardrail plans to include Caltrans standard
guardrail installations, which may impact existing
curb and gutter. Guardrail and end treatment to be
designed per Caltrans standards. The plans will
be done at 1”=40’ or other appropriate scale. The
design will incorporate truncated domes, proper
grade transitions, and detectable-warning surfaces
in accordance with PROWAG standards.
▶ 5.2.2 Signing and Striping Plans
Signing and striping plans will depict all existing
and proposed street markings, legends, crosswalks,
and sign installations associated with the roadway
improvements. These plans will clearly identify all
required traffic control elements and be organized
for clarity and constructability. Signing notes,
painted and thermoplastic striping details, pavement
marker notes, and sign legends will be grouped for
consistency with City standards and CA MUTCD
conventions. Plans to be at 1”=40’ scale and include
locations, limits, and details for special signage and
equipment, including modified striping details and
solar-powered signage and lighting.
▶ 5.2.3 Traffic Signal Modification Plans
Traffic signal modification plans will incorporate
improvements identified in the successful HSIP
application and coordinate with existing systems
to enhance traffic safety. WEBB will verify all
proposed improvements can be installed on existing
equipment, as needed. Plans to be at 1”=20’ scale
and include all existing and proposed equipment,
pole schedule, conductor schedule, and necessary
details for construction.
▶ 5.2.4 Utility Coordination
Utility coordination will include early notification of all utility companies regarding planned construction
work and facility installations. The process will
identify moratorium requirements and potential
opportunities for underground utility upgrades
within those timeframes. Efforts will be made to
align relocation schedules with project construction
timelines while maintaining active communication
with utility company representatives. The team will
review all utility data to evaluate potential conflicts, particularly with high-pressure or high-risk facilities, and determine necessary relocations and cost
implications. A comprehensive utility coordination
record will be maintained, including documentation
of communications, conflict identification and
resolution plans, and final coordination summaries to
be submitted to the City upon design completion.
43 CITY OF LAKE ELSINORE
HSIP CYCLE 12 RAILROAD CANYON ROAD SAFETY IMPROVEMENTS
CITY PROJECT NO. Z10066 | FEDERAL PROJECT NO. HSIPL-5074 WEBB and RGI will support the utility relocation work
throughout the course of the Project which includes
meetings with utility stakeholders, conducting utility
research, providing recommendations, preparing utility
chronology submittals, assisting utility companies
with design schedules and reviews through the City,
and providing overall coordination between utility
companies and the City to keep the project moving
forward within the grant’s timeframe.
▶ 5.2.5 Technical Specifications and Special
Provisions
WEBB will develop detailed technical specifications
and special provisions with clear measurement
and payment language tailored to City and HSIP
requirements. The specifications will reference
applicable Caltrans, Greenbook, and City standards to
ensure consistency and bid-readiness.
▶ 5.2.6 Engineer’s Estimate
The Engineer’s Estimate will be updated using current
bid data and regional construction cost trends to
ensure funding accuracy and readiness for project
advertisement. WEBB will reach out to distributors and
contractors, as needed.
▶ 5.2.7 QA/QC and Bid-Ready Package
The final PS&E package will undergo an intensive
quality assurance and quality control (QA/QC)
review by senior engineers. The completed 100%
PS&E documents—including plans, specifications,
estimates, and right-of-way exhibits—will be delivered
in both PDF and CAD formats, ready for City review
and approval.
Assumptions and Exclusions
• Hydrology analysis and drainage improvement
plans are not a part of the scope of work.
• It is assumed that the roadway crown will
remain the same.
• No landscaping or irrigation work is included in
this scope outside of hydroseeding
• This scope does not assume significant
traffic signal design work such as mast arm
pole relocations, interconnect and fiber optic
communications, and traffic signal coordination.
• Pavement section is assumed to match the
existing pavement section and no geotechnical
work is proposed for the street.
• It is assumed that the utility companies will
handle the design of the relocations. The WEBB
team will only coordinate those efforts.
TASK 6 – TRAFFIC SIGNAL TIMING SHEETS
Review existing signal timing sheets at the eight
Project intersections and determine the need for
any changes per the latest CA MUTCD. Incorporate
leading pedestrian interval (LPI) at all intersections.
Analyze existing signal coordination from Grape
Street to Mission Trail to ensure coordination is
maintained after modifications. Each signal timing
sheet to be compatible with the signal controller at
each intersection. WEBB to also provide signal turnon support with the contractor during construction.
Signal timing plans to be finalized as needed after
signal programming for City records. Finalized timing
sheets to be provided to the City in PDF format. No
signal coordination programming is included in this
scope.
TASK 7 – PRE-CONSTRUCTION SUPPORT
WEBB will review and answer bidder RFIs regarding
the plans, specifications, or any other conflicts or
items during the bidding process. WEBB will assist
the City with preparation of Addenda regarding any
omissions or conflicts in the design. WEBB will attend
a pre-bid meeting and answer questions as needed.
WEBB will also perform a bid review and analysis
upon City request.
TASK 8 – DESIGN CONSTRUCTION SUPPORT
WEBB will attend a pre-construction meeting as
directed by the City. WEBB will coordinate with
the City to receive and review shop drawings and
material submittals for conformance with the contract
plans and specifications and recommend approval,
denial, or revisions within five business days. WEBB
will review and provide responses to contractor RFI’s
throughout the length of the project. RFI responses
shall be provided within five business days. If design
revisions are required, WEBB will coordinate with the
City for authorization.
WEBB will attend up to three site visits during
construction as requested by the City. WEBB and RGI
will assist throughout construction by coordinating
with utility companies to schedule relocations,
relocations and removals, and construction stage
completions. Once construction is complete, WEBB
will prepare as-built plans based on the contractor’s
redlines within two months of receipt. WEBB will
provide all documentation, information, forms, and
submittals necessary for final project closeout with
Caltrans and the City.
44 CITY OF LAKE ELSINORE
HSIP CYCLE 12 RAILROAD CANYON ROAD SAFETY IMPROVEMENTS CITY PROJECT NO. Z10066 | FEDERAL PROJECT NO. HSIPL-5074
PROJECT SCHEDULE
ID Task Name Duration Start Finish Predecessors
1 Contract Award 0 days Mon 1/12/26 Mon 1/12/26
2 Project Kick-Off Meeting 0 days Mon 1/19/26 Mon 1/19/26 1FS+5 days 3 Project Management 510 days Mon 1/19/26 Fri 12/31/27 2 4 Task 2 - Field Review and Survey 240 days Tue 1/20/26 Mon 12/21/262 5 Field Walk (Traffic Signal & Roadway) 1 day Tue 1/20/26 Tue 1/20/26 2 6 Field Survey 40 days Tue 1/20/26 Mon 3/16/26 2
7 Feasibility Analysis 40 days Tue 3/17/26 Mon 5/11/26 6 8 Legal and Plats 160 days Tue 5/12/26 Mon 12/21/267
9 Task 3 - Public Outreach 505 days Tue 1/20/26 Mon 12/27/272 10 Task 4 - Environmental Clearance 140 days Tue 3/17/26 Mon 9/28/26 5,6 11 Task 4.1 NEPA Compliance 20 days Tue 3/17/26 Mon 4/13/26 2 12 Task 4.2 NEPA Technical Studies 50 days Tue 3/17/26 Mon 5/25/26 2 13 Task 4.3 CEQA Documentation 140 days Tue 3/17/26 Mon 9/28/26 5 14 Task 4.4 Environmental Project Management & Caltrans Coordination140 days Tue 3/17/26 Mon 9/28/26 5 15 Task 5 - 65%, 95%, 100% - PS&E 500 days Mon 1/19/26 Fri 12/17/27 16 Task 5.1 Geotechnical Evaluation 25 days Mon 1/19/26 Fri 2/20/26 2 17 Task 5.2 Design Development & Utility Coordination 500 days Mon 1/19/26 Fri 12/17/27 18 5.2.1 Roadway, Grading and Guardrail Plans 30 days Tue 5/12/26 Mon 6/22/26 7 19 5.2.2 Signing and Striping Plans 30 days Tue 5/12/26 Mon 6/22/26 7 20 5.2.3 Traffic Signal Modification Plans 30 days Tue 5/12/26 Mon 6/22/26 7 21 5.2.4 Utility Coordination 25 mons Mon 1/19/26 Fri 12/17/27 2 22 5.2.5 Technical Specification & Special Provisions 30 days Tue 5/12/26 Mon 6/22/26 7 23 5.2.6 Engineer's Estimate 30 days Tue 5/12/26 Mon 6/22/26 7 24 Submit 65% Plans, Specifications, and Estimate to City 10 days Tue 6/23/26 Mon 7/6/26 23 25 Revise Plans and Specification Per City Comments 20 days Tue 7/7/26 Mon 8/3/26 24 26 Submit 95% Plans, Specification and Estimate to City 10 days Tue 8/4/26 Mon 8/17/26 25 27 Revise Plans and Specifications, Estimate to 100% 15 days Tue 8/18/26 Mon 9/7/26 26 28 Submit 100% Plans, Specifications and Estimate to City 10 days Tue 9/8/26 Mon 9/21/26 27 29 Task 6 - Traffic Signal Timing Sheets 15 days Tue 8/4/26 Mon 8/24/26 25 30 Task 7 - Pre-Construction Support 3 mons Tue 9/22/26 Mon 12/14/2628 31 Task 8 - Design Construction Support 13 mons Tue 12/15/26 Mon 12/13/2730 1/12
1/19
M T S W S T F M T S W S T F M T S W S T F M T S
Nov 30, '25Feb 1, '26Apr 5, '26Jun 7, '26Aug 9, '26Oct 11, '26Dec 13, '26Feb 14, '27Apr 18, '27Jun 20, '27Aug 22, '27Oct 24, '27Dec 26, '27 Lake Elsinore - Railroad Canyon Road HSIP Cycle 12 Project