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City Council & SA Regular Agenda Packet 06-24-2014
City of Lake Elsinore L51)674-3124 PONE cilyPr ..�... RG (951)674-3124 PHONE Lf1 K+ E LSI 110R-E 83 N. MAIN STREETI `I^�� 183 N. MAIN STREET Regular Agenda LAKE Elomil 92530 INORE, CA City Council NATASHA JOHNSON, MAYOR STEVE MANOS, MAYOR PRO TEM BRIAN TISDALE, COUNCIL MEMBER DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER GRANT YATES, CITY MANAGER Tuesday, June 24, 2014 7:00 PM Cultural Center CLOSED SESSION at 5:00 PM Cultural Center 183 N. Main St., Lake Elsinore PUBLIC SESSION at 7:00 PM Cultural Center 183 N. Main, Lake Elsinore The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view the meetings on Channel 31. If you are attending this City Council Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at City Hall on the Friday prior to the Council meeting and are available on the City's website at www.Lake-Elsinore.org. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the City Council. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Department at (951) 674 3124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. City of Lake Elsinore Page l Printed on 611912014 City Council Regular Agenda June 24, 2014 CALL TO ORDER 5:00 P.M. ROLL CALL CITY COUNCIL CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 potential case) PUBLIC COMMENTS CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION REPORT PRESENTATIONS / CEREMONIALS Proclamation declaring July as Parks & Recreation Month PUBLIC COMMENTS — NON-AGENDIZED ITEMS —1 MINUTE (Please read & complete a Request to Address the City Council form prior to the start of the City Council meeting and turn it into the City Clerk. The Mayor or City Clerk will call on you to speak.) CONSENT CALENDAR (All matters on the Consent Calendar are approved in one motion, unless a Council Member or any member of the public requests separate action on a specific item.) 1) ID# 14-179 Approval of Minutes Recommendation: It is recommended that the City Council approve the Minutes as submitted. Attachments: CC Minute Report 5-13-2014 CC Minutes 5-13-2014 City of Lake Elsinore Page 2 Printed on 6/19/2014 City Council Regular Agenda June 24, 2014 2) ID# 14-180 Warrant List Dated June 12, 2014 Recommendation: It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated June 12, 2014. Attachments: City Staff Report 06 24 14 Warrant Summary City 06 12 14 Warrant List City 06 12 14 3) ID# 14-181 Biennial Review of the Conflict of Interest Code for the City of Lake Elsinore Recommendation: It is recommended that the City Council approve and adopt Resolution No. 2014-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING RESOLUTION NO. 2012-020 UPDATING THE CONFLICT OF INTEREST CODE FOR THE CITY OF LAKE ELSINORE. Attachments: COI Staff Report 2014 COI Reso 2014-039 4) ID# 14-182 Adoption of Three (3) Resolutions Pertaining to the Calling and Giving Notice of the Municipal General Election to be Held on November 4 2014; Requesting Consolidation with the Statewide General Election; and Adopting Regulations Relating to Candidate Statements Recommendation: It is recommended the City Council approve and adopt: 1.) Resolution No. 2014-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF THE MUNICIPAL GENERAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 4, 2014, FOR THE PURPOSE OF ELECTING TWO (2) COUNCIL MEMBERS AND REQUESTING THE COUNTY OF RIVERSIDE REGISTRAR OF VOTERS TO CONDUCT SAID MUNICIPAL GENERAL ELECTION 2.) Resolution No. 2014-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 3.) Resolution No. 2014-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING REGULATIONS FOR CANDIDATE STATEMENTS FOR ELECTIVE OFFICE SUBMITTED TO THE VOTERS AT THE MUNICIPAL GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 Attachments: Staff report Election Resos x3 Resolution 2014-040 Calling Election Resolution 2014-041 Requesting Consolidation Resolution 2014-042 Candidate Regulations City of Lake Elsinore Page 3 Printed on 6/19/2014 . City Council Regular Agenda June 24, 2014 5) ID# 14-183 Extension of Annual Streetscape Maintenance Contract FY 2014/15 Recommendation: Staff recommends that the City Council: 1.) Approve a second year extension, July 1, 2014 to June 30, 2015, to the Streetscape Maintenance Contract between the City of Lake Elsinore and Excel Landscape in an amount not to exceed $175,000. 2.) Any additional extensions be approved by the City Manager upon successful annual review and recommendation by staff. Attachments: Staff Report Excel Maintenance Contract Extension VD Comments Final FirstAmendment to Excel Landscaping Inc. Agreement Exhibit A Scope of Work Exhibit B Revised Bid Schedule FY 2015 Exhibit C Workers Compensation Insurance Excel Original Agreement 6) ID# 14-184 Acceptance of MSRC Funding Grant for Installation of Electrical Vehicle Charging Infrastructure Recommendation: Staff recommends that the City Council accept the Clean Transportation funding from the Mobile Source Air Pollution Reduction Review Committee (MSRC) for the Electrical Vehicle Charging Infrastructure. Attachments: Staff ReportMSRC Funding EV Charqinq Stations 6 2014 VD Final Exhibit MSRC Funding Approval Letter 6.24.14 Exhibit B - Project Budget Revised Part C EV Charqinq Infrastructure Exhibit C MSRC Proposed Contract for EV Charging Station Installation 7) ID# 14-185 Amendment No.3 to Riverside County Transportion Commission Agreement for Funding of Transportation Uniform Mitigation Fee Regional Arterial Improvements of Railroad Canyon at 1-15 Recommendation: 1.) Approve Amendment No. 3 to Agreement No. 10-72-016-00 (Master Agreement) with the Riverside County Transportation Commission (RCTC) for funding of Transportation Uniform Mitigation Fee (TUMF) Regional Arterial Improvements for Railroad Canyon Road at 1-15. 2.) Authorize the honorable Mayor to execute the Amendment No. 3 to the Master Agreement. Attachments: Staff Report RR Canyon 1-15 Agreement Amendment 3 VD Comments 061514 RR Canyon 1-15 Agreement Amendment No.3 8) ID# 14-186 Approval of Professional Services Agreement with Enviromine Inc to Provide SMARA Compliance Services Recommendation: Approve the Professional Services Agreement (PSA) with EnviroMine and authorize the City Manager to execute the agreement. Attachments: SMARA Consultant VD Final 061514 Form Professional Services Agreement 03 25 14 City of Lake Elsinore Page 4 Printed on 611912014 City Council Regular Agenda June 24, 2014 9) ID# 14-187 Prima Facie Speed Limits on Certain Streets in the City Recommendation: 1.) City Council receive and accept the recommendations of the 2014 Engineering and Traffic Survey to set, maintain, increase or decrease certain speed limits as required by the California Vehicle Code. Attachments: PUBLIC HEARING(S) 2.) City Council adopt Resolution No. 2014-043 to set, maintain, increase or decrease certain speed limits in the City as determined from the 2014 Engineering and Traffic Survey and as required by the California Vehicle Code. Speed Survey E&TS Staff Report VD Final 061514 Speed Survey Resolution 6-11-14 Speed Survey Resolution Exhibit'A' E&TS Summary 10) ID# 14-188 Adoption of a Resolution Regarding California Communities Local Measure A Sales Tax Revenue Certificates of Participation Series 2014 (TRIP - Total Road Improvement Program) Recommendation: It is recommended the City Council approve and adopt Resolution No. 2014-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE EXECUTION AND DELIVERY OF CALIFORNIA COMMUNITIES LOCAL MEASURE A SALES TAX REVENUE CERTIFICATES OF PARTICIPATION, SERIES 2014A (T.R.I.P. - TOTAL ROAD IMPROVEMENT PROGRAM) PURSUANT TO A TRUST AGREEMENT, AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUSTAGREEMENT, CERTIFICATE PURCHASE AGREEMENTAND AN INSTALLMENT SALE AGREEMENT, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH CERTIFICATES, AUTHORIZING THE FILING OFA VALIDATION ACTION AND OTHER MATTERS RELATING THERETO AND ENTERING INTO AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT Attachments: Lake Elsinore TRIP Financing City Council Staff Report DHM 2014-06-24 Resolution of Lake Elsinore - CSCDA Measure A COPS 2014A Trust Agreement (Lake Elsinore) - CSCDA Measure A COPS 2014A 2014 -06 -24 -Lake Elsinore- Certificate Purchase Agreement -2014 Stifel Nico Installment Sale Agreement (Lake Elsinore) -CSCDA Measure A COPS 2014A 2014-06-24 - Preliminary Official Statement (Lake Elsinore 2014 T.R.I.P) CSCDA J PA Aq reement City of Lake Elsinore Page 5 Printed on 61f912014 City Council Regular Agenda June 24, 2014 11) ID# 14-189 Capital Improvement Plan For FY 2014-15 through 2018-19 Recommendation: Staff recommends that City Council adopt Resolution 2014-045 adopting the proposed 5 -year Capital Improvement Plan for fiscal years 2014-15 through 2018-19. Total capital improvement plan cost for FY 2014/15 is $25,363,120. Attachments: Capital Improvement Program 2015 2019 Agenda Report v3 Resolution CIP FY2014-15 TO 2018-19 v2 FY2014-15 TO FY2018-19 CIP BUDGET Planning Commission Resolution -Adopted Project Summary by Tvpe of Protect FY2014-15 APPEAL(S) - None BUSINESS ITEM(S) 12) ID# 14-190 Second Reading and Adoption of Ordinance No 2014-1328 Recommendation: Waive further reading and adopt by title only Ordinance No. 2014-1328 by roll call vote: ORDINANCE NO. 2014-1328 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 3.08 AND CHAPTER 3.16 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING PURCHASING AND SURPLUS PROPERTY Attachments: Second reading of Ord 2014-1328 Purchasing Ordinance No 2014-1328 - Purchasing and Surplus Property modifications 13) ID# 14-191 Appointments to the Planning Commission Recommendation: The Council sub -committee will make its recommendation to the Mayor and Council for consideration of two (2) full-term appointments to the City's Planning Commission. A vote will be called for each nomination, and the applicant receiving the highest number of affirmative votes from the majority of the Council present shall be appointed to serve on the City's Planning Commission for a term commencing on July 1, 2014 and ending on June 30, 2018. Attachments: Staff report PC Appointments V2 City of Lake Elsinore Page 6 Printed on 6/19/2014 City Council Regular Agenda June 24, 2014 14) ID# 14-192 Joint Report to City Council and Public Financing Authority: Authorizing the Special Tax Bond Issuance to Refund the Outstanding Bonds Related to Improvement Area A and Improvement Area C of the City of Lake Elsinore Community Facilities District No 2003-2 (Canyon Hills). Recommendation: 1.) City: Adopt Resolution No. 2014-046 authorizing the issuance of the bonds and bond documents. 2.) Public Financing Authority (PFA): Adopt Resolution No. PFA -2014-001 authorizing the issuance of bonds and bond documents. Attachments: 2014-06-24 JOINT City Council PFA Staff Report - Bond Issuance RESOLUTION 2014 - CITY OF LAKE ELSINORE RESOLUTION 2014 - LAKE ELSINORE PFA INDENTURE OF TRUST SECOND SUPPLEMENTTO FISCAL AGENT AGREEMENT FISCALAGENTAGREEMENT ESCROW AGREEMENT 2004 BONDS ESCROW AGREEMENT 2010 BONDS PRELIMINARY OFFICIAL STATEMENT BOND PURCHASE AGREEMENT CONTINUING DISCLOSURE AGREEMENT PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Request to Address the City Council form prior to the start of the City Council Meeting and turn it into the City Clerk. The Mayor or City Clerk will call on you to speak.) CITY MANAGER COMMENTS 15) ID# 14-193 City Departmental Monthly Reports Attachments: Monthly Reports CITY ATTORNEY COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn this meeting to the next regularly scheduled meeting of Tuesday, July 8, 2014. The regular Closed Session meeting will be held at 5:00 p.m. at Cultural Center and the regular Public meeting will be held at 7:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. City of Lake Elsinore Page 7 Printed on 6/19/2014 City Council Regular Agenda June 24, 2014 AFFIDAVIT OF POSTING I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall 72 hours in advance of this meeting. Virginia J. Bloom, City Clerk City of Lake Elsinore Page 8 Printed on 611912014 CIIy C.r L(1 E LS1I` OU: >� uu.f.A �. Tuesday, June 24, 2014 CLOSED SESSION - None City of Lake Elsinore LAKE-ELSINORE.ORG (951)674-3124 PHONE CULTURALCENTER 183 N. MAIN STREET Regular Agenda LAKE E 92530 E, CA 92530 Successor Agency NATASHA JOHNSON, CHAIR STEVE MANOS, VICE -CHAIR BRIAN TISDALE, AGENCY MEMBER DARYL HICKMAN, AGENCYMEMBER ROBERT MAGEE, AGENCYMEMBER GRANT YATES, EXECUTIVE DIRECTOR 7:00 PM Cultural Centeral Cultural Center 183 N. Main Street, Lake Elsinore PUBLIC SESSION at 7:00 PM Cultural Center 183 N. Main Street, Lake Elsinore The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view the meetings on Channel 31. If you are attending this City Council Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at City Hall on the Friday prior to the Council meeting and are available on the City's website at www.Lake-Elsinore.org. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the City Council. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Department at (951) 674 3124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. City of Lake Elsinore Page 1 Printed on 611912014 Successor Agency Regular Agenda June 24, 2014 CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION REPORT - None PRESENTATIONS / CEREMONIALS - None PUBLIC COMMENTS — NON-AGENDIZED ITEMS —1 MINUTE (Please read & complete a Request to Address the Agency Board form prior to the start of the meeting and turn it into the City Clerk. The Chair or City Clerk will call on you to speak.) CONSENT CALENDAR (All matters on the Consent Calendar are approved in one motion, unless a Member or any member of the public requests separate action on a specific item.) ID# 14-194 Approval of Minutes Recommendation: It is recommended that the Agency approve the Minutes as submitted. Attachments: SA Staff Rpt Minutes for Approval SA Minutes 5-13-2014 ID# 14-195 Warrant List Dated June 12, 2014 Recommendation: It is recommended that the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Warrant List dated June 12, 2014. Attachments: SA RDA Staff Report 06 24 14 Warrant SA RDA summary 06 12 14 Warrant List SA RDA 06 12 14 City of Lake Elsinore Page 2 Printed on 611912014 Successor Agency Regular Agenda Off 14-196 Biennial Review of the Conflict of Interest Code for the Successor Agency Recommendation: It is recommended that the Successor Agency approve and adopt Resolution No. SA -2014-01 A RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING RESOLUTION NO, SA -2013-003 UPDATING THE CONFLICT OF INTEREST CODE. Attachments: SA COI Staff Report 2014 SA COI Reso SA -2014-01 PUBLIC HEARING(S) - None APPEAL(S) - None BUSINESS ITEM(S) - None PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES June 24, 2014 (Please read & complete a Request to Address the Agency Baord form prior to the start of the Meeting and turn it into the City Clerk, The Chair or City Clerk will call on you to speak.) EXECUTIVE DIRECTOR COMMENTS AGENCY COUNSEL COMMENTS BOARD MEMBERS COMMENTS ADJOURNMENT The Lake Elsinore Successor Agency will adjourn this meeting to the next regularly scheduled meeting of Tuesday, July 8, 2014. The regular Closed Session meeting will be held at 5:00 p.m. at Cultural Center and the regular Public meeting will be held at 7:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. City of Lake Elsinore Page 3 Printed on 61192014 130 South Main Street Cf1Y „r .. City of Lake Elsinore Lake Elsinore, CA 92530 LAKE �� Sllloj�� v w.lake-elsinore.org +x DI..r.A� M tX1 lir Mf l: ve Regular Agenda Public Financing Authority Tuesday, June 24, 2014 7:00 PM Cultural Center 183 N. Main Street Lake Elsinore, CA 92530 CLOSED SESSION - None PUBLIC SESSION at 7:00 P.M. Cultural Center 183 Al. Main Street Lake Elsinore, CA 92530 The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view the meetings on Channel 31. If you are attending this City Council Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at City Hall on the Friday prior to the Council meeting and are available on the City's website at www.Lake-Elsinore.org. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the City Council. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Department at (951) 674 3124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. City of Lake Elsinore Page l Printed on 611912614 Public Financing Authority Regular Agenda June 24, 2014 CALL TO ORDER - 7:00 P.M. ROLL CALL CLOSED SESSION REPORT - None PRESENTATIONS / CEREMONIALS - None PUBLIC COMMENTS — NON-AGENDIZED ITEMS —1 MINUTE (Please read & complete a Request to Address the Agency form prior to the start of the meeting and turn it into the Agency Clerk. The Chair will call on you to speak.) CONSENT CALENDAR (All matters on the Consent Calendar are approved in one motion, unless an Agency Member or any member of the public requests separate action on a specific item.) 2) ID# 14-197 Approval of Proposed Minutes Recommendation: It is recommended that the Authority Board approve the minutes as submitted. Attachments: PFA Staff Rpt Minutes for Approval 2013-12-10 PFA Minutes PUBLIC HEARING(S) - None APPEALS) - None City of Lake Elsinore Page 2 Printed on 611912014 Public Financing Authority Regular Agenda June 24, 2014 BUSINESS ITEM(S) 3) ID# 14-192 Joint Report to City Council and Public Financing Authority: Authorizing the Special Tax Bond Issuance to Refund the Outstanding Bonds Related to Improvement Area A and Improvement Area C of the City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills). Recommendation: 1.) City: Adopt Resolution No. 2014-046 authorizing the issuance of the bonds and bond documents. 2.) Public Financing Authority (PFA): Adopt Resolution No. PFA -2014-001 authorizing the issuance of bonds and bond documents. Attachments: 2014-06-24 JOINT City Council PFA Staff Report - Bond Issuance RESOLUTION 2014 - CITY OF LAKE ELSINORE RESOLUTION 2014 - LAKE ELSINORE PFA INDENTURE OF TRUST SECOND SUPPLEMENT TO FISCAL AGENT AGREEMENT FISCALAGENTAGREEMENT ESCROW AGREEMENT 2004 BONDS ESCROW AGREEMENT 2010 BONDS PRELIMINARY OFFICIAL STATEMENT BOND PURCHASE AGREEMENT CONTINUING DISCLOSURE AGREEMENT PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Request to Address the Successor Agency form prior to the start of the meeting and turn it in to the Agency Clerk. The Chair will call on you to speak.) EXECUTIVE DIRECTOR COMMENTS LEGAL COUNSEL COMMENTS AGENCY MEMBER COMMENTS ADJOURNMENT The Chairman of the Lake Elsinore Public Financing Authority will adjourn the meeting. City of Lake Elsinore Page 3 Printed on 6/19/2014 Public Financing Authority Regular Agenda AFFIDAVIT OF POSTING June 24, 2014 Virginia J. Bloom, Agency Clerk, do hereby affirm that a copy of the foregoing agenda was posted at City Hall 72 hours in advance of this meeting. Virginia Bloom, Agency Clerk City of Lake Elsinore Page 4 Printed on 611912014 c t �-y ca �- LA ISE L I NO IZ,E '. DItL.AM E,XIRLML REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: JUNE 24, 2014 SUBJECT: EXTENSION OF ANNUAL STREETSCAPE MAINTENANCE CONTRACT FY 2014/15 Recommendations Staff recommends that the City Council: 1. Approve a second year extension, July 1, 2014 to June 30, 2015, to the Streetscape Maintenance Contract between the City of Lake Elsinore and Excel Landscape in an amount not to exceed $175,000. 2. Any additional extensions be approved by the City Manager upon successful annual review and recommendation by staff. Background The City Council established the Citywide Landscaping and Street Lighting Maintenance District ("Citywide LLMD ") in 1988 for the purpose of maintaining public right-of-ways and public facilities in accordance with the Landscaping and Lighting Act of 1972. The City of Lake Elsinore is responsible for maintaining the landscaping that encompasses street right-of-way referred to in this report as "streetscape". Because of the volume of maintenance work this job entails, the City contracts with vendors. Discussion On July 23, 2013, City Council approved a one (1) year contract with Excel Landscape for citywide landscape maintenance services. The contract includes provisions for three annual extensions in an amount not to exceed $175,000 upon recommendation of staff and City Council approval. The first year of the annual streetscape maintenance contract with Excel Landscape will expire June 30, 2014. This past year Excel has proven to be very responsive to the City's needs by providing comprehensive landscape EXTENSION OF ANNUAL STREETSCAPE MAINTENANCE CONTRACT FY 2014/15 JUNE 24, 2014 PAGE 2 maintenance services. Excel Landscape has demonstrated that they have the City's best interest in mind. Fiscal Impact Funding is allocated from the Citywide LLMD and LLMD No.1 and the Fire Departments operating budget. The evaluation period will be FY 14/15 and subsequent reviews will be in coordination with the City's budget cycle. The projected Fiscal Year 14/15 cost is estimated at $175,000.00 as described below, and each additional year is not to exceed $175,000.00 annually. LLMD $ 147,000.00 LLMD No. 1 $ 15,900.00 Fire Department $ 8,400.00 Facility $ 3,700.00 $ 175,000.00 Prepared by: Rick De Santiago Public Works Superintendent Vince Damasse V `' Director of Public Works Approved by: Grant Yates City Manager Attachments: First Amendment to Services Contract Agreement Exhibit "A" - Scope of Services Exhibit "B" — Schedule of Charges Exhibit "C" — Workers Compensation Insurance Original Agreement FIRST AMENDMENT TO SERVICES CONTRACT This First Amendment to Services Contract (this Amendment) is made and entered into as of the July 1St, 2014, by and between the City of Lake Elsinore, a municipal corporation (the City") and Excel Landscaping, Inc. ("Contractor"). RECITALS A. City and Consultant have previously entered into that certain Services Contractor, dated as of July 23, 2013 (the "Contact"). NOW, THEREFORE, the parties amend the Contract as follows: 1. Section 2. Time of Performance. The services of Contractor shall be extended to June 30, 2015. 2. Section 3. Compensation. Exhibit `B' shall be replaced with the revised Bid Schedule. Compensation not to exceed $175,000. Each individual signing below represents and warrants that he/she has the authority to execute this amendment on behalf of and bind the party he/she purports to represent. IN WITNESS WHEREOF the parties have caused this Amendment to the Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: Grant M. Yates, City Manager APPROVED AS TO FORM City Attorney CONTRACTOR: Excel Landscaping, Inc. EXTENSION OF ANNUAL STREETSCAPE MAINTENANCE CONTRACT FY 2014/15 JUNE 24, 2014 PAGE 2 EXHIBIT `A' - SCOPE OF SERVICES SCOPE OF SERVICES (INSERT) LANDSCAPING FACILITIES Landscaping improvements include, but are not limited to: irrigation, cultivation, installation and replacement of plant material, tree trimming and other necessary supplies; personnel, utility and equipment costs; contract services where applicable; care and maintenance of approximately fifteen (15) acres of lake beaches and levees, street trees and approximately thirty-four (34) acres of streetscapes within the public right-of-way.. The City of Lake Elsinore landscaping facilities include three (3) types of improvement areas which are described below and are shown in Figures 2-3 on the following pages: 1. Major Streets 2, Site Specific Landscaping Areas 3. Tree Maintenance Areas MAJOR STREETS The Major Streets improvement area includes landscaping on three types of. streets (Arterial, Major, and Secondary) and beaches, levees and wetlands. The first two sets of streets are defined as Arterial (110' wide) and Major Streets (100' wide) per the City of Lake Elsinore General Plan 1992, and they are: Highway 74, Lakeshore Drive, Main Street, Riverside Drive, Robb Road, Grand Avenue, Mission Trail, Railroad Canyon Road, Diamond Drive, Corydon Street, Summerhill Drive from Railroad Canyon Road to Riverside Street, Tuscany Hills Parkways, and Grape Street. The third set of streets are defined as Secondary (88' wide) per the City of Lake Elsinore General Plan 1992, and they are: Machado Street from Grand Avenue to Lakeshore Drive, Dexter Avenue, Sixth Avenue from Casino Drive to Lakeshore Drive, Terra Cotta Road from Lakeshore Drive to Nichols Road, Lincoln Street from Lakeshore Drive to Nichols Road, Lincoln Street from Grand Avenue to Riverside Drive, Lincoln from Machado Street to Shore Cliff Drive, Chaney Street from Lakeshore Drive to Dexter Avenue, Graham Avenue from Lakeshore Drive to Main Street, and Pottery Street from Main Street to Franklin Avenue. Site Specific Landscaping Areas The Site Specific Landscaping Areas include nine (9) areas with specific local benefits due to landscaping. They are as follows: • Area "A" -landscaping along Machado Street at the Grand Avenue intersection • Area "B" -landscaping along Madison & Garfield Streets • Area "C" -landscaping in Tract 19402 • Area "D" -landscaping along Terra Cotta Road • Area "E" -landscaping in Tract 19344 - Serenity Citywide Landscaping • Area "G" -landscaping along east side of Machado Street between Lincoln Street and Lakeshore Drive • Area "H" -landscaping at Orange Grove Way See appendix "B" for site specific landscaping areas Figure 2 located in the Technical Provisions appendix NOTIFICATION OF RESIDENTS APPLIES WHEN PUBLIC ACCESS IS NOT ALLOWED The Contractor shall notify in person and with printed notification (in English and Spanish language), at least ten (10) working days prior to commencing work, to all agencies, firms, institutions, postal service, residents, hospital, Riverside Transit Authority (RTA), schools, stores, utilities and waste disposal service fronting or affected by the work. Additional printed notification (in English and Spanish language) shall be given not less than forty-eight (48) hours prior to performing any work which will restrict property access, close or partially close the street, or which will restrict or disallow street parking. All schools and churches shall receive seven (7) working days notification prior to performing any work which will restrict property access. The Contractor shall coordinate with the school district for pick-up and drop-off of school children, RTA for the pick-up and drop off of riders, waste disposal collection, the postal service to ensure delivery of mail, and churches for weekly or special activities. The printed notices shall contain a general description of the work to be done and the date that the work is to be done. The notices shall also include a statement that parking will be restricted as called for on the "NO PARKING" signs to be posted along the street. All public notices must be reviewed and approved by the Resident Engineer prior to its distribution. The Contractor shall also post printed "NO PARKING -TOW AWAY" signs at one -hundred -foot (100') (thirty meters (30m)) maximum spacing along each side of the affected street for forty- eight (48) hours prior to the commencement of the street improvement work. The Contractor shall document the day, date and time the "NO PARKING" signs were posted. Posting of signs on trees and utility poles will not be allowed. The signs shall contain the day, date, hours and vehicle code that parking will be prohibited on that particular street, CVC 22651L and CVC 22654D. The signs shall be removed immediately upon completion of work that will prohibit parking. The printed notices and the "NO PARKING" signs shall be furnished by the Contractor. Full compensation for compliance with the preceding requirements shall be considered as being included in the various Contract items in the bid schedule and no additional compensation will be allowed therefore. MOBILIZATION Mobilization shall be in accordance with Subsection 9-3.4 "Mobilization," of the Standard Specifications, and these special provisions. Mobilization shall consist of preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, as well as the related demobilization costs anticipated at the completion of the project. The cost of all bonds and insurance policies, including premiums and incidentals, shall be included in mobilization. No additional compensation will be allowed for additional mobilizations required, including but not limited to, delays caused by the relocation of existing utility facilities shown on the plans or discovered during construction operations. The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization. Payment for mobilization, additional mobilizations, cost of all bonds and insurance policies, and all costs incurred prior to beginning work shall be considered to be included in and distributed proportionately through all of the contract items of work, and no additional compensation will be allowed. TRAFFIC CONTROL Traffic controls, including but not limited to, vehicular and pedestrian traffic controls, maintenance of vehicular and pedestrian access, detours, and street closures shall be in accordance with these technical Special Provisions; Traffic Control Plans; California MUTCD (FHWA's MUTCD 2009 edition as amended for use in California), Part 6, Temporary Traffic Control, Caltrans adopted September 26, 2006; the current Work Area Traffic Control Handbook"; and Subsection 7-10, of the current Standard Specifications for Public Works Construction," including all its subsequent amendments. Nothing in the Special Provisions shall be construed as relieving the Contractor from his or her responsibility to provide for the safety and convenience of traffic and the public during construction. In the event of conflict, the order of precedence shall be as follows: 1. Special Provisions 2. Traffic Control Plans 3. California Manual on Uniform Traffic Control Devices (FHWA's MUTCD 2009 edition as amended for use in California), Part 6, Temporary Traffic Control, Caltrans adopted September 26, 2006. 4. Work Area Traffic Control Handbook. (WATCH) 5. Standard Specifications Traffic Control shall be in accordance with the following Special Provisions a. The contractor shall obtain and pay for an encroachment permit from Caltrans for lane closures on the exit ramps or within Caltrans Right of Way. The City will reimburse the contractor for the cost of the permit only. The contractor is required to supply the traffic control plan and submit the traffic control plan to Caltrans for approval. b, All streets shall remain open to through traffic at all times except when street closure is approved by the Engineer. The local traffic consists of, but is not limited to, residences, church congregations, farmers, post offices, meter readers, trash pickup, school buses, and emergency vehicles. The Contractor shall provide a smooth travel way and either a flagger and/or signing to direct traffic. C. The Contractor shall be responsible for the preparation of Traffic Control Plans as necessary for the work. The Traffic Control Plans shall be signed and stamped by a California Registered Traffic Engineer and transmitted to the City for approval no later than fourteen (14) calendar days prior to the scheduled commencement of work. Comments and corrections shall be returned to the Contractor within five (5) working days. The Traffic Control Plans shall conform to the requirements listed in these Technical Provisions; California MUTCD Part 6, Temporary Traffic Control; .the Work Area Traffic Control Handbook; and the Standard Specifications. . d. All traffic controls and safety devices, equipment and materials, including but not limited to cones, channelizers, delineators, flashing warning lights, barricades, high level warning devices (telescoping flag trees), flags, signs, markers, portable barriers, temporary railing (Type -K), temporary fencing, flashing arrow signs, changeable message sign, markings, and flagging equipment shall be provided and maintained in "like new" condition. e. The Contractor shall furnish and properly install, construct, erect, use and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days per week; which includes holidays, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include areas affecting or affected by the work, from the date of Notice to Proceed to the completion and acceptance of the work. f. High-level warning devices (telescoping flag trees) are required at all times for work being performed within the roadway unless otherwise specifically approved by the Engineer. g. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than 711 mm (28") in height, except that shorter cones, 305 mm (12") minimum height, may be permitted during striping maintenance operations where the only function of the cone is to protect the wet paint from the traffic. The entire area of orange and white stripes for barricades shall be Type I, engineering grade, or Type II, super engineering grade, retro -reflective sheeting conforming to the requirements of ASTM Designation: D 4956-95. K Type III barricades, no less than 1.83 m (6) in length and equipped with two (2) Type "N" markers each and two (2) portable flashing beacons each, shall be used to close streets, except as otherwise specifically approved by the Engineer for minor maintenance work of no more than one (1) working day's duration, on weekdays, or on holidays only, and limited to the hours between 8:30 a.m. and 3:30 p.m. Said barricades shall be placed across the full roadway at each point of closure with the distance between barricades, or between barricades and curbs, not exceeding 914 mm (3') except that one (1) 3.3 m (11') wide gap between barricades shall be provided at the center of the street. Barricades to the right of the street's center, facing the inbound vehicular traffic, shall also be equipped with one (1) R11-2, "Road Closed" sign, one (1) R11-4, "Road Closed to Thru Traffic," sign, and a Type P warning sign. i. Channelizes shall be surface mounted type and shall be furnished, placed and maintained at the locations shown on the Plans or as approved by the Engineer, and shall conform to the provisions in Subsection 12-3.07, "Channel izes," of the State of California Standard Specifications and these Special Provisions. When no longer required for the work as determined by the Engineer, channelizes (except channelizes to be left in place), and underlying adhesive used to cement the channelizes bases to the pavement, shall be removed. Removed channelizes and adhesive shall become the property of the Contractor and shall be removed from the site of work. j. Reflectorized (both sides) temporary self-adhesive markers, 100mm (4in) wide, shall be applied to un -striped pavement surface before opening the travel way to public traffic. Reflectorized temporary yellow markers shall be used for to delineate the centerline to separate opposing traffic. Reflectorized temporary white markers shall be used to delineate lanes of travel and placed in 600mm (24in) intervals transverse to the road to delineate stop bars and limit lines. The reflectorized temporary markers shall be removed the same day the first coat of striping has been placed on the pavement. The removal of the markers shall be done such a way that the pavement is not damaged. k. Except as otherwise approved by the Engineer, two-way vehicular traffic shall be maintained at all times within two (2) 3.3m (11') wide lanes on streets having an effective roadway width of 13.4 m (44') or more with restricted parking. Other streets of lesser widths may be reduced to one (1) 3.6 (12') wide lane with work activity being limited to one side at a time, and the one-way vehicular traffic being maintained at all times by properly trained and experienced flaggers. All lane closures shall have flashing arrow signs to provide additional, high level, advanced warning. No reduction of the traveled way width shall be permitted on any City street before 8:30 a.m. or after 3:30 p.m., on weekends or holidays, or when active work is not being done, unless otherwise approved by the Engineer. I. Properly trained and experienced flaggers shall be provided to direct traffic when said traffic is to be interrupted, when two-way traffic is to be reduced to one-way traffic, and at other such times as is necessary to safely pass traffic through or around the work area and when so directed by the Engineer. m. Vehicular access to occupied residential property may be restricted on weekdays, other than holidays, between the hours of 8:30 a.m, and 3:30 p.m. while essential work activity is taking place only upon approval by the Engineer and providing the Contractor gives the property owner or resident at least forty-eight (48) hour advance written and oral notice. Convenient and safe pedestrian access to schools, churches, occupied residential and business property shall be maintained at all times. Access to mailboxes shall be maintained at all times such that the postal delivery service is not interrupted. Trash pick-up services shall not be interrupted. Access to vacant and unused property may be restricted when approved by the Engineer. Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the Engineer. n. Vehicular access to business, school and church driveways shall be maintained at all times during construction. o. Traffic control and safety devices and equipment being used that becomes damaged, destroyed, faded, graffitied, encrusted, soiled, misplaced, worn out, inoperative, lost, or stolen shall be promptly repaired, refurbished, or replaced. Traffic control and safety devices and equipment being used, that is displaced or not in an upright position from any cause, shall be promptly returned or restored to their proper position. P. An unobstructed view of all signs and warning devices including, but not limited to, stop signs, stop ahead signs, street name signs, and other regulatory, warning and construction signs, markers, and warning devices shall be maintained at all times. All speed limit signs shall be black on white with signs at either end of the project notifying the motoring public that fines are doubled in construction zones. No trucks or other equipment or materials shall be stopped, parked, or otherwise placed so as to obscure said signs, markers and devices from the view of the vehicular and pedestrian traffic to which it applies. q. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by police officers, fire officers, properly trained and experienced flaggers, or at traffic signalized intersections. r. Stockpiling or storage of materials on any public right-of-way or parking area will not be allowed without the specific written permission of the Engineer. Materials spilled along or on said right-of-way or parking area shall be removed completely and promptly. All stockpile and storage areas shall be maintained in a safe, neat, clean, and orderly condition, and shall be restored to equal or better than original condition upon completion of the work. S. On projects involving work on, closure of, or partial closure of existing streets, and where vehicular access to the abutting property must be restricted, the work shall be so selected, arranged and scheduled that the person(s) requiring access to said abutting property and residents along said streets affected will be able to park within a reasonable distance of not more than 150m (500') from their homes or destination. In addition, no two adjoining streets shall be closed at the same time, except as otherwise approved by the Engineer. Residents must be given written notice: of such restrictions a minimum of 48 hours in advance. t. When work has been completed on a particular street or has been suspended or rescheduled, and said street is to be opened to vehicular traffic, all equipment, "NO PARKING" signs, other obstructions, and unnecessary traffic control devices and equipment shall be promptly removed from that street, except as otherwise approved by the Engineer. U. Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be unavailable to promptly, satisfactorily, and fully comply with the provisions specified and referred to herein above, the City reserves the right to correct or mitigate any situation, that in the sole opinion of the Engineer, constitutes a serious deficiency or serious case of noncompliance, by any means at its disposal at the Contractor's or permittee's expense, and shall deduct the cost therefore from the Contractor's progress or final payments. Such corrective action taken by the City shall not reduce or abrogate the Contractor's legal obligations and liability for proper traffic control and safety measures and shall not serve to transfer said obligations and liabilities from the Contractor to the City or the City's agents, V. Violations of any of the above Provisions or provisions of the referenced publications, unless promptly and completely corrected to the satisfaction of the Engineer, shall, at the sole discretion of the City, be grounds for termination of the Contract, or shut down or partial shut down of the work, without compensation to the Contractor or permittee, or liability to the City, all as prescribed by contractual obligation or State law, whichever is applicable. Payment for traffic control shall include full compensation for, but not limited to, furnishing all labor (including flagging costs), materials (including construction area signs), tools, equipment, traffic control plans and revisions, and incidentals, and for doing all the work involved in the preparation of Traffic Control Plans, placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control including lights, channelizers (surface mounted), delineators, temporary striping and pavement marking, barricades, portable flashing beacons, flashing arrow signs, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. Payment for traffic control shall be considered to be included in and distributed proportionately through all of the contract items of work, and no additional compensation will be allowed. DUST CONTROL Dust control shall be performed in accordance with Subsection 7-8.1, "Clean up and Dust Control," of the Standard Specifications, South Coast Air Quality Management District (SCAQMD) Rule 403, the general Provisions and the following Provision. Dust resulting from the Contractor's performance of the work, either inside or outside, the right- of-way shall be controlled by the Contractor. Dust control includes the action necessary to prevent, reduce or control dust within the work area as required to complete the work. The Contractor shall carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or causing a nuisance, or harm to persons living nearby or occupying buildings in the vicinity of the work. The Contractor shall control dust during the course of performing his maintenance operations or as a result of the contractors operations. The methods to be used for controlling dust in the maintenance area shall be approved by the City. The Rule 403 Implementation Handbook published by the SCAQMD, contains a detailed listing of reasonably available dust control measures. Dust or dirt accumulations generated by the Contractor's operations shall be cleaned and removed by the Contractor from all areas as designated by the City. Areas to be cleaned shall include, but not be limited to swimming pools, interiors of any structures including residences and places of business, exteriors of any structures including roofs, patios, driveways, and any other areas as required. The Contractor shall retain a professional cleaning service for the cleaning of swimming pools, and the interior and exterior of structures. The cost for cleaning and removal of dust or dirt shall be at the Contractor's expense and no additional compensation will be made therefore. Water for use in dust control shall, at the option of the Contractor, be potable or non -potable. Non -potable water shall consist of reclaimed waste water or non -potable water developed from other sources. If the Contractor uses reclaimed waste water in the work, the sources and discharge of reclaimed waste water shall meet the California Department of Health Services Water Reclamation Criteria and the Regional Water Quality Control Board requirements. The Contractor shall obtain either a waste water discharge permit or a waiver from the Regional Water Quality Control Board. Copies of permits or waivers from the Regional Water Quality Control Board shall be delivered to the engineer before using reclaimed waste water in the work. All equipment used for the application of water shall be equipped with a positive means of shut- off. No adjustment of compensation will be made for any increase or decrease in the quantity of dust control required, regardless of the reason for such increase or decrease. The full compensation for all direct and indirect costs incurred for work performed or materials used to control dust resulting from the Contractor's performance of the work either inside or outside the right-of-way shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefore. GENERAL LANDSCAPE MAINTENANCE SPECIFICATIONS This specification establishes the standards for the maintenance of the landscaped areas for the City of Lake Elsinore. The Contractor's primary responsibility will be to maintain the landscape areas at the highest (municipal) industry standards by integrating innovative and progressive techniques and to follow the objectives as set forth in these specifications. Any instance of damage shall be reported immediately to City Staff. The Contractor shall furnish all labor, equipment, materials, tools, services, and special skills required to perform the landscape maintenance as set forth in this specification and in keeping with the highest standards of quality and performance. Maintenance of the landscape shall include but not be limited to inspections, mowing, trimming, pruning, fertilization, aeration, weed control, cultivation, pest control, tree surgery, de -thatching, plant replacements, renovation, and clean-up of drainage facilities. It is the intent to schedule maintenance to keep this site in a state of healthy vigorous growth. Irrigation maintenance shall include inspections, operation of the systems, adjustments, repairs, modifications, improvements, testing, analysis, and other work as needed. The Contractor will submit a Maintenance Schedule which includes, but is not limited to: minor tree pruning, aeration, thatching, insecticides/herbicide application, and application of all fertilization of trees, shrubs, ground cover and turf bi annually. TREES A. General Tree Maintenance The Contractor shall be responsible for the general tree maintenance in the specific landscape areas including; trimming and pruning, adequate watering, fertilizing, staking, removal of fallen leaves and branches, removing suckers, raising suckers, raising skirts and protection against pests. B. Prunin 1. All trees are included in required trimming operations. The Contractor shall not be responsible for any trimming operations above (12') twelve feet. 2. Topping of trees will not be permitted. All tree trimming operations above twelve (12) feet shall be the responsibility of the City or accomplished through extra work. This will also include stump grinding. 3. Tree pruning shall be performed based on the following categories with the intent of developing structurally sound trees symmetrical in appearance with the proper vertical and horizontal clearance. All pruning and trimming operations shall be in accordance with ISA Standards. a. All trees shall be trimmed, shaped and thinned at least once per year. b. All dead and damaged branches and limbs shall be removed at the point of breaking at the time breakage occurs. c. All trees shall be trimmed and shaped to provide a symmetrical appearance typical of the species. d. All suckers and sprouts shall be cut flush with the trunk or limbs. e. All structural weaknesses such as split crotch or limbs, or severe damage shall be reported to City Representative. f. Prune trees along sidewalks to allow eight (8) foot clearance for pedestrians and twelve (12) feet above curb, gutters and streets for vehicular traffic. g. Signs/lights shall be kept clear at all times. h. Under no circumstances will stripping of lower branches be permitted. Lower branches shall be retained in a "tipped back" or pinched condition. 4. Special emphasis shall be placed upon public safety during pruning operations, particularly when adjacent to roadways. 5. All trimmings and debris shall be removed and disposed of off site at the end of each work day. C. Fertilization 1. Ailing or stunted trees, which fail to meet expected growth, will receive additional treatments to correct deficiencies. 2. Contractor shall be responsible for applying all insecticides/fungicides to, prevent or control diseases. D. Staking and Tying 1. Trees that shall be staked fall into these categories (at contractor's expense): a. Replacement of missing or damaged stakes where the tree diameter is less than three inches. b. In those cases where tree has been damaged and requires staking for support. c. For new trees or recently planted trees that have not previously been staked. 2. Contractor shall use "VIT" twist brace ties and/or cinch ties (4 cinch ties per tree). 3. Ties shall be placed and checked regularly to avoid girdling and damage to trees and so that no chaffing of the bark occurs. 4. Contractor shall use scaffold staking where applicable. 5. New and replacement ties and stakes shall be the responsibility of the Contractor at no additional cost to the City. E. Tree Removal All dead trees or trees which are downed by either natural or unnatural causes, shall be removed and disposed of off-site by the Contractor. All stumps shall be ground to 12" below grade with wood chips raked level to fill hole. Trees which have died due to mistake or negligence of the contractor will be replaced at the contractor's expense. All other dead or unhealthy trees will be replaced upon written approval of the City. In this case the contractor shall provide labor and the approved tree. The City will reimburse the contractor for the plant material only full compensation for all direct and indirect costs incurred for work performed used to remove other dead or unhealthy trees shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefore. SHRUB GROUND COVER and VINE MAINTENANCE All planters, shrub and ground cover areas shall be kept weed free at all times by chemical and/or mechanical means. All pesticides are to be applied by a licensed pest control operator. Contractor shall use only weed control products recommended by a Licensed Pest Control Advisor (PCA). Any and all litter will not be allowed to accumulate and shall be removed on a weekly basis or as requested by City Staff. All clippings can be disposed of at the City Maintenance yard. All shrubs, vines and ground covers shall be fertilized four (4) times yearly at the rate of 2 Ib. N/1000 sq. ft. NOTE: Fertilizer shall be equal to or the same as the following: Best "Turf Supreme" 16-6-8. SHRUB MAINTENANCE A. Pruning Shrubs shall be pruned as required for safety, removal of broken and diseased branches, general containment and appearance and to allow for optimal irrigation coverage. 2. Keep shrubs pruned back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures. 3. All shrubbery shall be pruned, trimmed, thinned, and suckers removed to properly contain their size with respect to species, size of planters and the best health of the plant and/or as described in the frequency schedule. Restrict growth area to behind curbs and sidewalks, to top of walls and fences, and a minimum of two feet (2) from all private residences where applicable. 4. Prune shrubs to retain as much of the natural informal appearances as possible, consistent with intended use. 5. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance. 6. Remove any spent blossoms or dead flower stalks as required to present a neat appearance. 7. Shrubs and mounding shall not exceed 2 feet in height within areas required for vehicle sight distance depending upon roadway topography. B. Pruning Schedule Shrubs shall be pruned and trimmed as needed or as requested by the City Representative. Shrubs shall be pruned and trimmed using sound horticultural techniques. Shrubs shall be maintained within the limits of confined areas (i.e., narrow medians, walkways, etc.) so as not to encroach on same. In addition, all shrubs shall be trimmed to maintain horizontal clearance along all walkways and trails to prevent encroachment onto private property and to remove dead, damaged or diseased plant material. C. Shrubbery Replacement The Contractor shall be responsible for the complete removal and replacement of shrubbery lost due to the contractor's faulty maintenance or negligence, as determined by City Representative. All other dead or unhealthy plants whether natural or unnatural causes will be replaced upon written approval of the City. In this case the contractor shall provide labor and the approved plant. The City will reimburse for the plant material only. Replacement of shrubs will be in accordance with the City of Lake Elsinore Standard Plans. D. Fertilization Contractor shall use a balanced fertilizer in shrub areas as requested in the frequency schedule or as directed by City maintenance staff. E. Cultivation and Mulching The Contractor shall cultivate around shrub areas and tree wells sufficiently and often enough to maintain a weed free environment and maintain existing irrigation and drainage ditches. Mulch is also required to be applied in all open dirt areas and/or around trees as required by the landscape inspector (mulch will be supplied or paid for by the City). F. Irrigation (Deep Soaking) Deep Soaking shall be defined as the application of sufficient quantities of water to maintain reasonable health vigor of plants. Basin modifications may be required. Quantities of water shall be sufficient to allow for deep water penetration and encouragement of deep rooting of the plants. VINES A. General 1. Vines and espalier plants shall be checked and retied as required. Secure vines with appropriate ties to promote directional growth on supports. 2. Do not use nails to secure vines on masonry walls. 3. Pruning of vines will be in accordance with good horticulture practices. 4. Vines shall be trimmed as required for safety, disease, general containment, appearance or as directed by City Representative. GROUND COVER A. General 1. Trim ground cover adjacent to walks, walls and/or fences as required for general containment to present a neat, clean appearance. 2. Cultivate and/or spray approved herbicide to remove broad -leafed and grass weeds as required. Remove weeds by chemical or mechanical means as approved by City Representative, 3. Prevent soil compaction by cultivating regularly all ground cover areas. 4. Every effort shall be made to remove litter from all areas on a regular basis and not less than once per week. 5. Keep ground cover trimmed back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures. Do not allow ground cover to grow up the trunk of trees, into shrubs, on structures or walls unless directed by City Representative. Keep trimmed back approximately 4 inches from structure or walls. 6. Bare soil area shall be cultivated a minimum of once per month and/or mulched as directed by City Representative (mulch will be supplied or paid for by the City). PLANT ADDITIONS ANWOR REPLACEMENTS As part of this agreement, the Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, ground cover, or flowers. Such work will be paid for as extra work by the City unless otherwise specified within these specifications. Exceptions will be replacements due to Contractor's neglect. This will be determined by City Representative. GUARANTEE AND/OR REPLACEMENT POLICY All new plant material and irrigation installation shall be guaranteed for a period of one calendar year except due to "Acts of God, 'Te., damage or death of plant material due to wind or storm, or vandalism, theft, or other willful acts over which the maintenance contractor has no control. Existing plants shall be replaced by Contractor if they die due to Contractor's negligence at contractors expense. TURFGRASS A. General 1. Watering: A regular, deep watering program shall be accomplished to give the best results. The established turf should not be kept moist but should dry out somewhat between watering. Allow turf to dry out before mowing. 2. Aeration: Mechanically aerate all turf areas as required or as directed by City Representative to reduce compaction/stress conditions, which will offer greater water penetration and reduce runoff. In those areas when soil condition is poor, top dress may be required by City Staff. When top dressing is required, the Contractor shall submit a request for extra work which must be approved by City Representative before work is scheduled. Use a plug aerator with 1/2 inch tines. Any areas that show excessive compaction shall receive additional treatment as required to alleviate this condition. Remove sod plugs. The scheduling of aeration will be recorded on the Maintenance Schedule and shall be performed as needed or as requested by a City representative. 3. Mowing: All turf areas shall be mowed on a minimum of a weekly basis (Mar -Oct) and during cool season shall be done biweekly (Nov. -Feb.). Minimum height of turf is be two and one half inches (2 %") for Fescue and one and one half inches (1 Y2") for Bermuda. Avoid removing more than one-third of the leaf area blade at any one time. All clippings shall either be caught or vacuumed from turf areas. Clippings can be disposed of at the City Maintenance yard. Care shall be exercised during the mowing operation to prevent damage to trees and other obstacles located within the turf areas such as electrical boxes or fixtures. Do not mow areas that are wet. Alternate mowing patterns shall be used whenever possible to prevent wheel ruts in turf areas. If ruts are made, contractor will make repairs at his or her own expense. 4. Trimming and Edging: Trim around walls, buildings, curbs, sidewalks, header boards, valve boxes, quick couplers, and paved areas on a weekly basis to present a neat, clean appearance. Chemically edge (tree well) around trees within an 16" radius from the trunk using care not to damage tree, tree trunk or roots. At no time will chemical edging be allowed on anything other than tree wells unless directed otherwise in writing by a City Representative. 5. Refurbishment of Turf grass: Turf areas that thin out due to contractor's negligence will be reseeded with an approved grass seed to restore thinning areas. Coordinate with City Representative. This will not be considered extra work. in the winter months the City Representative may require sod. 6. Weed Control: Contractor shall maintain a weed free turf at all times by either chemical and/or mechanical means. Pre -emergent herbicide application shall be required to control crabgrass in all turf areas. The Contractor shall be especially careful if applying chemicals to control weeds because of possible damage to the turf. Before such applications are made the turf should be well established and in a vigorous growth condition. All chemicals applied will be recorded and coordinated with City Representative. 7. String Trimmers: Care shall be exercised with regard to the use of weed eaters to prevent damage to building surface, walls, header board, light fixtures, signage, etc. No weed eaters shall be used around trees. 8. Fertilizing: Turf shall be fertilized a minimum four (4) times annually, additional application to be applied as directed by the City to maintain deep green color at all times. The rate of each application shall be 1 Ib. actual N11000 sq. ft. NOTE: Fertilizer shall be equal to or the same as the following: Best "Turf Supreme" 16-6-8 during spring and summer season and Nitra King 22-3-9 during winter season. City staff to verify product type and quantities prior to application. FERTILIZATION A. Scheduling The application of all fertilizers shall be recorded and specifically identified on the Landscape Maintenance Schedule chart indicating the fertilizer used and frequency applied to (i.e., turf, trees, shrubs, ground cover, etc.). B. General Fertilizers shall be organic, dry, palletized formulation. Applications shall be in accordance with manufacturer specifications upon approval by City Representative. C. Method of Application In making application of fertilizer granules, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader that tends to throw materials onto paved areas. The use of gravity flow spreaders will keep materials contained in planting areas, eliminating sidewalk stains. The Contractor will be responsible for removing all fertilizer stains from concrete caused by his or her application. Fertilizer shall be applied at manufacturer's recommended rate. D. Timing of Application When climatic factors cause problems with the general use of fertilizers, an adjustment of the fertilizers schedule may be necessary. After fertilizer application, monitor watering schedule to eliminate runoff or leaching of fertilizer materials. E. Trees and Shrubs Agriform 21 gram plant tablets shall be applied to trees and shrubs that require supplemental feeding. Annual fall feeding shall be done in accordance with the rate indicated by the manufacture. Place tablets 4 to 6 inches deep at drip zone areas by using a soil probe to make a hole for inserting tablets, water in well. If the above fertilization does not correct iron chlorosis, contractor shall be required to treat trees and/or shrubs with deep root feeding and/or foliar application until the problem is solved. Contractor shall fertilize turf, trees, shrubs, ground cover and other various plant materials at all City locations in this contract. Contractor will be responsible to provide all fertilizer material as part of the bid. Contractor shall purchase and shall apply fertilizer of the City's choosing a minimum of four (4) times annually or as otherwise specified by the City. Applications will be made throughout all City locations included in this contract. The contractor must show proof of purchasing by invoice or City approved means. The City does reserve the right to purchase the fertilizer of its choosing, and to receive reimbursement from the contractor. Contractor must provide proper application rate of the City specified fertilizer to turf, trees, shrubs, ground cover and other various plant material within each area. IRRIGATION A. General The controlling factor in the performance of water management within the City landscape maintenance areas is the application of water to landscape plants at a rate that closely matches the actual demands of plant material with little or no runoff. Roadway safety and maintenance is the first and foremost reason why water must be strictly controlled within the City Landscape areas. Other important water management considerations include: safe and dry turf areas for community use, water costs, plant health and water conservation. B. Efficient Use of Water The water schedule will be established and programmed by the Contractors landscape maintenance supervisor and/or Irrigator technician. Sprinkler timing will be based on the amount the planting areas are capable of receiving to restore that which is lost through evapotranspiration without excessive runoff. The irrigation system schedule shall be monitored and adjusted accordingly to maintain an efficient use of water being applied and to stay within the conservation schedule as determined by the water district. 2. All field satellite controllers shall be adjusted by the Contractor in the field to accommodate field conditions as observed. The Contractor shall provide field observation reports to the City. In general, the Contractor shall notify the City in writing of the condition of the landscape area by controller and valve number as assigned by the City. During extreme weather conditions more frequent observations and adjustments may be required. These should be included in the proposal and shall not be� additional cost to the City. Any other information required such as field inventory of sprinkler heads, nozzles and pressure shall be part of the irrigation inspection when requested. 3. Contractor will be expected to use minimal amount of water in all areas, but maintain plant material in a healthy, vigorous condition. 4. Where moisture -sensing devices are used, a continual monitoring will be made to assure units are functioning properly. If a malfunction is noted, the City Representative will be notified. C. Maintenance 1. Contractor will submit to City Representative a hard copy and/or a digital copy of the irrigation schedule for each controller. Any program changes shall be reported in the same manner. 2. Contractor is responsible for all irrigation repairs both major and minor. 3, Contractor shall make minor repairs at their expense under this agreement. Minor repairs shall be defined as repair or replacement, such as broken risers, swing joints, and standard nozzles, which can be repaired easily without the need of a specialist. The Contractor shall be responsible for cleaning and adjusting heads and generally keeping the system operational. 4. Contractor shall be responsible for adjusting height of sprinklers and risers as necessary to compensate for growth of plant material. 5. Work performed by the Contractor and paid for as extra work, work will be guaranteed for a period of one year. 6. Automatic controllers will be kept locked at all times. City Representative will have master keys to all controllers. The City shall provide locks for irrigation enclosures. However, it is the contractors responsibility to replace locks as needed with a City approved lock. 7. The irrigation system will be physically observed a minimum of once per week and as needed, to keep the system operating at an optimum level of efficiency. A record of this observation must be maintained and submitted to the city as requested. Following the inspection any malfunctions of the system shall be made immediately. Failure to provide an observation report, as requested by the first working day of the following week shall result in a $100.00 per occurrence forfeiture from payment. 8. Particular attention shall be paid to all slope areas that by physical nature provide for greatest potential runoff. 9. Contractor shall turn off all controllers when it is unnecessary to irrigate due to adequate rainfall. System shall not be off more than two (2) weeks without allowing operating a minimal time. During these times a physical observation is not required. Failure to turn off the irrigation controllers shall result in a $100.00 per occurrence forfeiture from payment. 10. Contractor will adjustor clean as necessary all sprinkler heads, quick couplers, or valves to continue operation at maximum efficiency and performance. 11. Sprinkler heads shall be kept clear of overgrowth, which may obstruct maximum operations. Chemical edging around turf heads will not be permitted. 12. Contractor will avoid manual activation of automatic valves. 13. Contractor shall keep sprinkler heads adjusted at all times at manufacturers recommended operating pressures. This shall be accomplished by valve throttling and pressure gauging. At all times, the valves should be adjusted as to prevent sprinkler heads from fogging, allowing larger droplets for effective watering. At any time, City Staff may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system. 14. Contractor will be responsible for hand watering any areas not provided with an irrigation system or areas under construction or as directed by a City representative at no additional cost. Contractor shall be responsible to hand water any areas where equipment is temporarily out of service, for whatever reason. 15. In those areas where a drip/water saver system is used or areas chosen by the City, the Contractor will be required to hose off or wash dust/soot or spider webs off plant materials bi-weekly or more often if required to prevent plant damage. D. Materials 1. All replacement materials shall be of the same manufacturer and type as the original equipment installed, unless City Representative approves a substitute in writing. 2. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation system. 3. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty. 4. Contractor shall provide labor and any and all products necessary for repairs. City will reimburse the Contractor for cost of approved parts replacement only. 5. All materials are to be new and identical to existing materials, unless directed otherwise by the City representative. 6. The City reserves the right to purchase materials directly and make available to the Contractor. E. Invoicing For invoicing extra work, shall be in accordance with the General Provision Section 3-3 "Extra Work". F. Water Management 1. All systems shall be adjusted weekly and as needed to maintain healthy plant material and water conservation. 2. All program changes shall be recorded on the irrigation schedules 3. Controller program is to be sufficient to maintain a healthy landscape without excessive water use. 4. Controller programs shall incorporate the following conditions: a. Meet City water management requirements per City Code. b. Avoid weekend water when possible c. Maximize repeat operations (where and when possible) to allow for deep watering. d. Minimize station run times. e. Reflect actual evapotranspiration (E.T.) requirements. f. Reflect actual requirements of soil and plants. g. Eliminate runoff onto streets, sidewalks, and other non -target areas. h. Provide sufficient time for soil to dry out between irrigations. I. Maximize community use of City property. 5. In determining rates of application, soil type, topography, and weather condition will be taken into consideration. The project is equipped with an automatic system that provides for repeat cycles, applying water over shorter periods of time that will allow for proper infiltration and thereby minimizing runoff. G. Personnel 1.' The Contractor shall provide personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustments, and repairs; in all types of components to include irrigation controllers, valves, moisture sensing devices, and sprinkler heads; and with all brands and models of irrigation equipment used within the City. 2. The Contractor shall provide personnel knowledgeable of, and proficient in, current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies. 3. The Contractor shall provide personnel capable of verbal and written communication in a professional level as appropriate to communicate with City personnel. WEED MAINTENANCE 1. Weeds must be removed upon appearance. Selective post emergence Herbicides shall be used to kill weeds without permanent injury to other plants. Do not proceed with a treatment except as recommended by a Pest Control Advisor in writing with a copy forwarded to City Staff prior to treatment. a. All creeping grasses shall be kept out of shrubs and groundcovers. b. Broadleaf weeds in turf shall be removed selectively, without injury to the lawn grass other than slight, temporary discoloration. c. Grass weeds in lawns shall be controlled with selective post -emergence herbicides. 2. Weeds not killed with herbicides shall be removed manually. Turf and other desirable plants killed by weeds, chemicals, etc., shall be replaced at the Contractor's expense. All replacements must be made within 7 days after receiving notice from the City. . MAINTENANCE OF PAVED SURFACES EMPTY LOTS and HARDSCAPES A. All hardscapes such as, but not limited to; parking lots, sidewalks, curb expansion joints, gutters and walls adjacent to City landscapes, shall be kept clear of dirt, mud, trash, weeds and any other substances which are either unsightly or unsafe. B. Landscape areas adjacent to empty lots shall have a 4-5 foot "buffer zone" separating the landscape from the weeds or vegetation on empty lots. "Buffer zone" shall be done either chemically or mechanically and/or as directed by the City Representative. DRAINAGE FACILITIES A. The Contractor shall be responsible for continual inspection of surface drains, V ditches, located within the landscaped areas. Surface drains shall be checked and maintained free of obstruction, trash and debris at all times to assure proper drainage. Remove any trash, debris, dirt or vegetation that might accumulate at the inlet to prevent proper flow of water. All concrete "V" drains to include the portion under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow. B. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to City Staff immediately CLEAN UP A. At no time will it be allowed to blow grass cuttings/debris into public streets or gutters without being swept or vacuumed cleaned. B. Contractor shall remove all debris resulting from the maintenance operations and dispose of it off-site at the City Maintenance Trash Yard located at 521 North Langstaff St. at the time of occurrence. C. All grass clippings shall be picked up after each mowing or trimming operation. Use of mulching mowers must be approved by the City. If the use of mulching mower is approved, all visible clippings must be removed in accordance with this specification. D. All debris resulting from any of the Contractor's operations shall be removed and disposed of end of the work day. (Failure to remove and dispose of debris shall result in $100.00 forfeiture from payment). All debris must be separated into green waste, recyclables, and other waste to minimize contamination and be disposed of in the appropriate locations (Failure to separate and dispose of debris appropriately shall result in $100.00 forfeiture from payment). ` E. All walkways/sidewalks will be kept clean/clear or debris and plant growth. Care shall be taken not to create unnecessary hazards to foot or wheelchair traffic during maintenance operations. F. All shrub areas not interplanted with ground cover will be raked clean a minimum of once a week or as directed by the City Representative. G. The Contractor shall provide a general clean-up operation throughout the contracted area on a weekly basis with the exception of Downtown Main St which will require service seven (7) days a week including holidays for the purpose of picking up papers, trash, broken tree branches, or other debris which may accumulate in the landscape areas, caused by winds or normal conditions. Failure to remove and dispose of debris shall result in $100.00 forfeiture from payment. H. All leaves, paper, and debris shall be removed from landscaped areas and disposed of off site weekly or as determined by the City Representative. I. Trash cans provided by City shall be emptied daily and liners must be replaced daily at time of service. Contractor shall provide plastic liners for all trashcans at Contractor's expense. Liner size shall be appropriate for each container so as to not fall into container when loaded with trash. Liner thickness shall be no less than 1.5 mil or 16 mic. Trash can lids shall be wiped cleaned at least once a week or as directed by the City Representative. DRESS CODE AND APPEARANCE All Contractors' personnel shall be required to wear uniforms bearing the company name and the individual's name while on the project. Sufficient changes shall be provided to present a neat and clean appearance of personnel at all times. Contractor vehicles must be bearing the company name and must have a professional appearance and must be in good working conditions EXTRA WORK In the event the Contractor is required by the City to perform extra work, the following procedure shall govern such work: A. Work will be executed under the direction of the City Representative on a time and materials basis or an agreed lump sum price depending on the nature of the work. B. When required by the City Representative or maintenance supervisor, a written estimate of cost will be submitted for approval and issuance of a purchase order prior to work being done. The Contractor shall maintain records sufficient to distinguish the direct cost of other operations. He or she shall furnish reports of extra work on forms furnished by the contractor, itemizing all costs for labor, materials, and equipment. The report shall include hours worked. C. The following procedure will govern such extra work: a. City will issue a written request for such extra work that is to be performed. b. Material cost shall be actual cost of materials purchased by the Contractor and.used for the extra work. Contractor to provide City receipts for all material purchased for extra work. All material paid for by the City but not utilized by the contractor in the extra work shall become the property of the City unless the contractor reimburses the City for the material not incorporated. c. Extra work must be approved by City Representative in writing. d. Invoices for extra work must have the approved written request/work order form attached when submitting invoices for payment and support documentation in Section 3-3. PROJECT /SITE INSPECTION Upon request, the Contractor or his or her representatives will walk the project with the City Representatives for the purpose of determining compliance with the specifications or to discuss required work. Contractor representatives must be authorized to sign documents that effect changes to job. GENERAL TRASH AND LITTER MAINTENANCE: A. General (applies to all landscape areas). a. All animal feces or other materials detrimental to human health shall be removed from the general areas in a weekly basis. b. All broken glass and sharp objects shall be removed whenever service is provided or per request. c. All paper and debris shall be removed from the service area and disposed of at the City's Maintenance yard located at 521 North Langstaff St. d. Trashcans provided by the City shall be emptied whenever service is provided and washed (when requested by the City Inspector). Contractor shall provide at minimum 37"X46" 16 micron plastic liners for all trash cans at the contractor's expense. All lids must be wiped clean at time of services or as requested by City Staff. B. Main St (downtown area) shall require daily service. Service shall require but is not limited to once daily removal of any trash, debris, leaves or branches. SAFETY Contractor shall be responsible for providing a safe workplace, and compliance with standards and regulations of the California Occupational Safety and Health Act (Cal OSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (COTS), and any other applicable government law or, City Risk Management standards, LEVEL OF MAINTENANCE A. All work shall be performed to the highest standards set forth by the City of Lake Elsinore, so as to maintain an aesthetic appearance acceptable to the City. B. The contractor shall provide a foreperson and maintenance crew at the sites weekly during normal working hours as determined by the City. All of the contractor's maintenance personnel shall be supervised by a qualified foreperson capable of effectively communicating with City personnel. C. The contractor, or his or her representative, shall meet with the Public Works Superintendent or his or her representative on a weekly basis and at such other times as may be required by the City to review the performance of the agreement and to discuss any problems or matters as determined by the City. DEFICIENT PERFORMANCE If, in the judgment of the City, the level of maintenance is not acceptable, the City shall issue a deficiency notice to the contractor, informing the contractor of the unacceptable condition. All performance shall be subject to inspection and approval by the City Representative. If performance is unsatisfactory, or is not performed, a deduction shall be applied to the Contractor's billing in accordance with the deduction schedule listed below. A City performance deficiency written notification shall be used whenever deductions are applied. The contractor is required to correct deficiencies within the time specified by the City. LIQUIDATED DAMAGES Failure of contractor to perform the services within the time allowed will result in damages being sustained by the City. From the nature of the services to be performed, it is impractical and extremely difficult to fix the actual damages, if any, that City may incur as a result of contractor's failure to perform the following obligations within the stated time period after receiving notice of the deficiency from the City: A. Major irrigation problems within eight (8) hours. B. Other irrigation problems within twenty-four (24) hours (including controller program adjustments, reports and schedules). C. Re -staking of trees within twenty-four (24) hours. D. Failure to remove and dispose of debris generated by regular maintenance operations, with twenty-four (24) hours. E. Failure to remove and dispose of debris including tumbleweeds from wind or normal litter accumulation, within twenty-four (24) hours. F. Failure to provide weekly irrigation observation report, within twenty-four (24) hours of the first working day of the following week. G. Failure to submit a monthly water meter report with twenty-four (24) hours of the first working day of the month. H. All other deficiencies within forty-eight (48) hours. For each failure to perform the foregoing obligations within the time specified after receiving notice, the contractor shall pay the City, or have withheld from monies due, the sum of One Hundred Dollars ($100) per day, per occurrence. For each failure of an employee to wear a uniform or a safety vest per occurrence to perform the foregoing obligations within the time specified after receiving notice, the contractor shall pay the City, or have withheld from monies due, the sum of One Hundred Dollars ($100) per day, per occurrence. Execution of this Agreement shall constitute agreement by the City and the contractor that $100 per day, per occurrence is the minimum value of all costs and actual damages caused by the failure of Contractor to comply with the foregoing obligations. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the contractor. EXTENSION OF ANNUAL STREETSCAPE MAINTENANCE CONTRACT FY 2014/15 JUNE 24, 2014 PAGE 2 EXHIBIT `B' - SCHEDULE OF CHARGES CITY OF LAKE ELSINORE BIDDER'S PROPOSAL - BID SCHEDULE PROJECT NO. LLMD FY 14115 BIDDER: Excel Landscape Inc. (Contractor Name) BASE BID ITEMS AS FOLLOWS: ITEM NO. CODE DESCRIPTION OF ITEMS ESTIMATED QUANTITY MONTHLY PRICE (FIGURES) ANNUAL COST (FIGURES) 1 Area A - Grand Ave at Machado St 5,212 S.F $200.00 $2400.00 2 Area B - Madison St at Taylor Ct 8,158 S.F $200.00 $2400.00 3 Area B - Garfield St at Cleveland Ct 5,056 S.F $ 50.00 $ 600.00 4 Area C - Lincoln St at Machado St 6,984 S.F $150.00 $1800.00 5 Area D - Terra Cotta Rd 6,612 S.F $100.00 $1200.00 6 Area E - Serenity (Corydon St at Palomar Rd 6,696 S.F $100.00 $1200.00 7 Summerhill Dr - Medians - Canyon Estates Dr to Canyon Ridge Dr 9,100 S.F $100.00 $1200.00 8 Summerhill Dr - Parkway 31,675 S.F $400.00 $4800.00 9 Summerhill Dr - Slopes 63,542 S.F $400.00 $4800.00 10 Area G - Machado St at Lincoln St 2,626 S.F $ 50.00 $ 600.00 11 Area G - Machado St at Monterey St 2,592 S.F $ 50.00 $ 600.00 12 Area H - Orange Grove Way 9,338 S.F $300.00 $3600.00 13 Area H - Lake St 5,977 S.F $150.00 $1800.00 14 Median Island at In -n -out 234 S.F $ 50.00 $ 600.00 15 Grand Ave at Lincoln St Slopes 156,580 S.F $600.00 $7200.00 16 Grand Ave at Lincoln St Streetscapes 213,225 S.F $1000.00 $12000.00 17 Grand Ave at Lincoln St Monuments 1,200 S.F $200.00 $2400.00 18 B1 Channel Sidewalk at Grand Ave 5,212 S.F $ 50.00 $ 600.00 19 Lincoln St - Grand to Shorecliff 30,458 S.F $400.00 $4800.00 20 Lincoln St - West of Shorecliff 72,910 S.F $800.00 $9600.00 21 Lincoln St - Grand to Terra Cotta 2,075 S.F $ 50.00 $ 600.00 22 McVicker Canyon Fire station 83,575 S.F $400.00 $4800.00 23 Lakeshore Dr 30,640 S.F $400.00 $4800.00 24 Inco Homes City Entrance 2,266 S.F $200.00 1 $2400.00 12-A ITEM NO CODE DESCRIPTION OF ITEMS ESTIMATED QUANTITY MONTHLY PRICE (FIGURES) ANNUAL COST (FIGURES) 25 Railroad Canyon Medians 137,000 S.F $1500.00 $18000.00 26 Grape St Medians and slope 12,226 S.F $200.00 $2400.00 27 Canyon Estates Slopes 154,000 S.F $950.00 $11400.00 28 Canyon Estates Turf 5,117 S.F $200.00 $2400.00 29 Linear Park on Canyon Estates Dr 23,609 S.F $500.00 $6000.00 30 Mission Trail Medians 3007 S.F $100.00 $1200.00 31 Malaga Road Medians 18,308 S.F. $300.00 $3600.00 32 Railroad Canyon Fire station 10,459 S.F $300.00 $3600.00 33 Main Street Downtown 7,637 S.F $300.00 $3600.00 34 Peck St parking lot 934 S.F $ 50.00 $ 600.00 35 Sulphur St parking lot 1,453 S.F $ 50.00 $ 600.00 36 Main Street Turf 13,760 S.F $300.00 $3600.00 37 Main St and Lakeshore Dr 2,278 S.F $100.00 $1200.00 38 Chamber Building 5,168 S.F $250.00 $3000.00 39 Community Center 31767 S.F $250.00 $3000.00 40 Planet Youth Building 13,155 S.F $150.00 $1800.00 41 Poe St Parking Lot 10,862 S.F $100.00 $1200.00 42 Morrison Homes at Hwy 74 2,476 S.F $100.00 $1200.00 43 Splash -Grand Avenue and Shoreline Dr 5,585 S.F $200.00 $2400.00 44 Reflections - Grand Ave at Ontario Wy 5,674 S.F $200.00 $2400.00 45 Zone 3 Irwin St at Dawes St 5,400 SY $450.00 $5400.00 46 Zone 20 Via De La Valle 21,005 S.F $300.00 $3600.00 47 Zone 8 Lakeshore Condos 1,440 S.F $100.00 $1200.00 48 Lanternhill Ln 4,303 S.F $100.00 $1200.00 49 Princo St and Amorose St 22,103 S.F $100.00 $1200.00 50 Machado St at Lilly Ln 8,500 S.F $175.00 $2100.00 51 Annual Color (4" Container) 1 EA $ 1.50 N/A 52 Annual Color (Flat) 1 EA $ 22.00 N/A 53 Ground Cover (Flat) 1 EA $ 18.00 N/A 54 Plants (1 Gallon) 1 EA $ 8.00 N/A 55 Plants (5 Gallon) 1 EA $ 18.00 N/A 56 Tree (15 Gallon) 1 EA $ 85.00 N/A 57 24" Box Tree 1 EA $220.00 N/A 58 Graham S.F $550.00 $6600.00 TOTAL BASE BID ITEMS BASED ON ESTIMATED QUANTITIES OF ITEMS 1 THROUGH 58. $171,300.00 12-A EXTENSION OF ANNUAL STREETSCAPE MAINTENANCE CONTRACT FY 2014/15 JUNE 24, 2014 PAGE 2 EXHIBIT `C' - WORKERS COMPENSATION INSURANCE EXHIBIT "C" CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California Executed on this _ day of 200_ at California. Contractor Page 47 of 47 ® 4caazc) CERTIFICATE OF LIABILITY INSURANCE onre(MMmonvvY) 8/2/2013 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 DOESNOT 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcies may require an endorsement. A statement on this certificate does notconfer rights to the certificate holder In lieu of such endorsoment(s). PRODUCER Landscape Contractors (Lit#0755906) NAAIEA T Elizabeth Ngo, CISR PNDNE FA% (559)650-3555 �/qtG, No,, 1559)650-3558 ,.Ecli.. EMAIL .engo@lcieinc.com Insurance Services, Inc. INSUREft(SI AFFORDING COVERAGE NAtC 1835 N. Fine Avenue Insurance Com 3�any 11150 Fresno CA 93727INsuRERAARCB EACH OCCURRENCE INSURED INSURER B: S 100,000 INSURERC: — Excel Landscape, Inc. INSURER D 1NSURERE O EXP (Any one oeraon7 710 Rimpau Ave #108 . F: ''CLAIMS.MADE 10 OCCUR Corona CA 92879INSURER 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. r _ ��TR TYPE OF INSURANCE POLICY NUMBER. POLICYEFF MA D[YV POLICY EXP I ry LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 __.._...__ A a Iry l Iaf4 ante S 100,000 _-6 X COMMERCIAL GENERAL LIABILITY O EXP (Any one oeraon7 $ 5,000 A ''CLAIMS.MADE 10 OCCUR LFPXG0199102 8/1/2013 8/1/2014 -ME PERSONAL B ADV INJURY $ 11.000,000 GENERAL. AGGREGATE_._$ 2,.000,.000 X w1.,.000 Pd had... PRODUCTS-COMP/OP AGO § ,.2.,000,000 GENT ASGRE GAI I- LIMIT APPLIES PER: SINGLE LIMIT $ X POLICY 'PAD- LOC AUTOMOBILE LIABILITY IO.nHflaBDi - ' u 000 m BODILY INJURY (Par parson) $ X ANY AUTO ALL OWNED SCHEDULED LCPKGO199102 8/1/2013 8/1/2014 BODILY INJURY(Porsc dan0 $ AUTOS NON—OWNED X PROo..wPCF�TYAAMAGE IPerI $ _ X HIRED AUTOS AUTOS Immuredmolorisloombined $ 11000,000 X UMBRELLA ILIAD X.. OCCUR EACH OCCURRENCE § 2,000,000 S 2, 000, DOB A EXCESS LIAB CLAIMS�MADEAGGREGATE §. CUMB0019002 BJl/2013. BJl/2014 OED RETENTION$ WG BTATW UTHc WORKERS COMPENSATION -]WIUMIT& EL _...-.— AND EMPLOYERS LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE 0 F -.L. EACH ACCIDENT $ - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDEOP NIA (Mandatory In NH)DISEASE VEL DISEASE -POLICY LIMIT tlyy s, despib¢ un6er DESCRIPTION OF OPERATIONS bolow DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (Attach ACORD 401, Additional Remarks SchodalgJI more space Is raquirod) RE: All landscape operations performed by or on behalf of the named insured. Primary Insurance/Non Contributory Blanket Additional insured per attached OOGLO434000108 & CC2404 & CA20480299 The City of Lake Elsinore, the. Community Redevelopment. .Agency of the City of Lake Elsinore (RDA), its officers, employees' and. ageri£ EtTtwofessional Liability). are named as additional insured City of Lake E1@WYeCLERK'S OFFICE 130 S. Main Street r\ Lake Elsinore, CA 92330 25 !2010/051 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Ngo, CISR/ACOMBE — © 9988-2010 ACORD CORPORATION. All rights reserved. INS025 (201005)01 The ACORD name and logo are registered marks of ACORD EXCELAN-01 REED11 CERTIFICATE OF LIABILITY INSURANCE 1 DAT8/11201133 8!112 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 EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must 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 INSURED Insurance Excel Landscape, Inc. 710 Rimpau Ave., #108 Corona, CA 92881 110855 GVVCY(HUCa vcna , rv,+�u. •.+n..+�... TfIATTHE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENTNTH RESPECTTO WHICHTHIS INDICATED. CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE'. AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTOALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED. BY PAID CLAIMS. ILynTYPEOFINSURANCE ADDL {MM M IDDIYYYdy PY LIMITS LTR 1=UOR POLICY NUMBER YYY GENERAL LIABILITY EACH OCCURRENCE $ -- — - WTAakTulirNTCI5... COMMERCIAL GENERAL LIABILITYF8fMTSES{Ea CLAIMS -MADE 1:1 OCCUR MED EXP (Any ane person) _$ PERSONAL S ADV INJURY GENERAL AGGREGATE. $ PRODUCTS-COMP/OP AGG $ GEHL AGGREGATE LIMIT APPLIES: PER. PRO-. LOC POLICY 5 i - - - COMO NEO SINGLCIJMI AUTOMOBILE LIABILITY BODILY INJURY (P., person) $ ANY AUTO ALL OWNED SCHEDULED BODILY INJURY(Parscddem) $ _ AUTOS _.._. AUTOS _—_ .._._. PRC+I ERTY 0AMAGE ____. __ ..........------ $ NON-OWNEO N HIRED AUTOS AUTOS 4'm _ 8 UMBRELLA LIAB OCCUR EACH OCWRRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE ___ $ _ $ OFD RETENTIONS TH TM- WC STAT1 0ER WORKERS COMPENSATION X TORY LIMITS ER A AND EMPLOYERS'LIABILITY ANY PROPRIETOWPARTNERIEXECU`IVE YIN NIA 3398653872131 4!1/2013 4/112014 EL h_ACII ACCIDENT $ 1,DBD,DD 1,000,000 OFFICER(MEMBER EXCLUDE07 _ EL UISEASC-EA EMPLOYEE 6 (Mandatory in Nm §_..__.m_. 1,000,00 If yes, descr•be untlsr DESCRIPTION OF oPERA UONS holo. E.L. DISGABE-POLICY LIMIT - DESCRIPTION OF OPERATIONS l LOCATION$ I VEHICLES (Attach ACORD 101, AUAltlonal Remark. Schedule, Hmore space Is required) RE: All California Landscape Operations of the Named Insured. City of Lake Elsinore Attn: City Manager 130 S. Main Street 92330 ACORD 25 (2010105) SHOULD ANY OF THE. ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE n ACORD The ACORD name and logo are registered marks of ACORD reserved. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED PROTECTION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION 11 - WHO IS AN INSURED is amended to include as an insured any organization or person required to be named as an additional insured pursuant to a written contract or agreement. The insurance provided by this endorsement is subject to the following: a. This insurance does not apply to any person or organization not specifically approved by us as an additional insured. b. Any insurance afforded an additional insured under this endorsement shall not begin before the date that the person or organization is approved by us as an additional insured. c. ,The Limits of Insurance under this insurance, which are listed in the Declarations of this policy, shall not be increased, regardless of the number of additional insureds, or the limits specified in the contract or agreement. d. Any coverage that is not provided under an additional insureds liability Insurance policy for your acts, errors, or omissions is also not provided under this insurance. e. With respects to the additional insured, this insurance does not apply to: 1. "Property Damage" to "your product' arising out of it or any part of it. 2, "Property Damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". 3. Liability for "Property Damage" or "Bodily Injury" for acts, errors, omissions of an additional insured. f. If required under written contract, this insurance will apply to an additional insured as primary insurance and other insurance which may be available to such additional insured shall apply on an excess basis. g. If required by a written contract, we waive our right to recovery against any additional insured because of payments we make for injury or damage arising out of :your ongoing operations, or "your work" done under a contract with that additional insured and included in the "products completed operations hazard". All other terms and conditions of this Policy remain unchanged. Endorsement Number: NIA Policy Number: LCPKGO199102 Named Insured: Excel Landscape, Inc, This endorsement is effective on the inception date of this policy unless otherwise stated herein.. Endorsement Effective Date: 08/01/2093 00 GL0434 00 01 08 Includes copyrighted material of Insurance Services Office, Inc Page 1 of 1 .with its permission POLICY NUMBER: LCPKGO199102 COMMERCIAL GENERAL LIABILITY Excel Landscape, Inc. CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), its officers, employees and agents (Excluding Professional Liability) With respects to work performed @ All landscape operations performed by or on behalf of the named insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL -GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work' done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 06/17/2014 TUP. 11.44 iR2270 14001 *** ACTIVITY REPORT TX/RX *** ST. TIME DESTINATION ADDRESS DESTINANTION ID JOB NO. MODE PGS. RESULT 05/21 16:37 rthompson@lake-elsino Rita Thompson 4584 TX MAIL 25 -- 00'07 05/22 09:31 rbeardsley@lake-elsin Rusty Beardsley 4585 TX MAIL 1 -- 00'00 05/22 11:01 dpurvis@lake-elsinore Dina Purvis 4586 TX MAIL 20 -- 00'08 05/22 11:57 ceakins@lake-elsinore Catherine 4587 TX MAIL 22 -- 0 0' 05 05/22 11:58 ceakins@lake-elsinore Catherine 4588 TX MAIL 4 -- 00'00 05/22 17:16 rbeardsley@lake-elsin Rusty Beardsley 4589 TX MAIL 1 -- 00'00 05/23 11:08 ceakins@lake-elsinore Catherine 4590 TX MAIL 1 -- 00'00 05/23 12:35 ceakins@lake-elsinore Catherine 4591 TX MAIL 1 -- 00'00 05/23 14:34 rthompson@lake-elsino Rita Thompson 4592 TX MAIL 4 -- 0 0' 02 05/27 16:01 UNKNOWN 7172 RX ECM 2 OK 01'28 05/28 0 7: 52 18664337004 4593 TX ECM 22 OK 07'31 05/28 09:51 19097487716 4594 TX ECM 2 OK 01'05 05/28 12:32 dpurvis@lake-elsinore Dina Purvis 4595 TX MAIL 3 -- 00'00 05/28 15:02 ceakins@lake-elsinore Catherine Eakins 4596 TX MAIL 2 -- 00'01 05/28 15:57 rbeardsley@lake-elsin Rusty Beardsley 4597 TX MAIL 1 -- 00'00 05/28 17:51 nmccalmont@lake-elsin Nicole McCalmont 4598 TX MAIL 1 -- 00'00 05/29 07:29 dpurvis@lake-elsinore Dina Purvis 4599 TX MAIL 5 -- 00'02 05/29 07:30 dpurvis@lake-elsinore Dina Purvis 4600 TX MAIL 10 -- 0 0' 04 05/29 07:32 dpurvis@lake-elsinore Dina Purvis 4601 TX MAIL 4 -- 00'01 05/29 07:33 dpurvis@lake-elsinore Dina Purvis 4602 TX MAIL 1 -- 00'00 05/29 08:06 dpurvis@lake-elsinore Dina Purvis 4603 TX MAIL 2 -- 00'01 05/29 08:17 dpurvis@lake-elsinore Dina Purvis 4604 TX MAIL 2 -- 00'00 05/29 11:48 \\langstaff\users Deepak 4605 TX SMB 0 NG 00'00 \dsolanki\scans #801 05/29 11:49 ceakins@lake-elsinore Catherine 4606 TX MAIL 1 -- 00'01 05/29 11:50 \\langstaff\users Deepak 4607 TX SMB 0 NG 00'01 \dsolanki\scans #801 05/29 11:53 dsolanki@lake-elsinor Deepak Solanki 4608 TX MAIL 1 -- 00'01 05/29 15:48 ceakins@lake-elsinore Catherine 4609 TX MAIL 1 -- 00'00 05/29 15:49 dpurvis@lake-elsinore Dina Purvis 4610 TX MAIL 1 -- 00'01 05/29 15:49 dpurvis@lake-elsinore Dina Purvis 4611 TX MAIL 1 -- 00'01 05/29 15:50 ceakins@lake-elsinore Catherine 4612 TX MAIL 2 -- 00'00 05/29 15:51 ceakins@lake-elsinore Catherine 4613 TX MAIL 2 -- 00'01 05/29 16:02 ceakins@lake-elsinore Catherine 4614 TX MAIL 4 -- 00'00 05/29 17:24 nmccalmont@lake-elsin Nicole McCalmont 4615 TX MAIL 7 -- 00'01 05/30 11:24 dpurvis@lake-elsinore Dina Purvis 4616 TX MAIL 1 -- 00'00 05/30 11:43 ceakins@lake-elsinore Catherine 4617 TX MAIL 1 -- 00'01 05/30 12:15 dpurvis@lake-elsinore Dina Purvis 4618 TX MAIL 2 -- 00'01 05/30 14:36 ceakins@lake-elsinore Catherine 4619 TX MAIL 4 -- 00'01 05/30 14:38 ceakins@lake-elsinore Catherine 4620 TX MAIL 3 -- 00'00 06/02 07:54 dpurvis@lake-elsinore Dina Purvis 4621 TX MAIL 5 -- 00'00 06/02 08:40 dpurvis@lake-elsinore Dina Purvis 4622 TX MAIL 1 -- 00'00 06/02 08:59 dpurvis@lake-elsinore Dina Purvis 4623 TX MAIL 3 -- 00'00 06/02 09:40 rbeardsley@lake-elsin Rusty Beardsley 4624 TX MAIL 1 -- 00'01 06/02 09:53 \\langstaff\users Deepak 4625 TX SMB 0 NG 00'01 \dsolanki\scans #801 06/02 10:35 \\skyline\users Nicole McCalmont 4626 TX SMB 0 NG 00'00 \nmccalmont #801 06/02 10:35 \\skyline\users Nicole McCalmont 4627 TX SMB 0 NG 00'01 \nmccalmont #801 06/02 10:39 nmccalmont@lake-elsin Nicole McCalmont 4628 TX MAIL 4 -- 00'00 06/02 10:40 nmccalmont@lake-elsin Nicole McCalmont 4629 TX MAIL 4 -- 00'00 06/02 16:10 dpurvis@lake-elsinore Dina Purvis 4630 TX MAIL 9 -- 00'03 06/03 13:18 ceakins@lake-elsinore Catherine 4631 TX MAIL 1 -- 00'00 06/03 13:27 dpurvis@lake-elsinore Dina Purvis 4632 TX MAIL 1 -- 00'01 06/03 14:31 dpurvis@lake-elsinore Dina Purvis 4633 TX MAIL 1 -- 00'00 06/03 14:50 d urvis@lake-elsinore Dina Purvis 4634 TX MAIL 1 -- 00'00 -"—'201' TUE :1 2n. iR2270 12002 06/03 14:57 dpurvis@lake-elsinore Dina Purvis 4635 TX MAIL 1 -- 00'00 06/03 14:58 dpurvis@lake-elsinore Dina Purvis 4636 TX MAIL 1 -- 00'01 06/03 16:43 nmccalmont@lake-elsin Nicole McCalmont 4637 TX MAIL 1 -- 00'00 06/04 12:38 nmccalmont@lake-elsin Nicole McCalmont 4638 TX MAIL 1 -- 00'01 06/04 13:53 dpurvis@lake-elsinore Dina Purvis 4639 TX MAIL 1 -- 00'00 06/04 15:05 ceakins@lake-elsinore Catherine 4640 TX MAIL 2 -- 00'00 06/04 15:27 dpurvis@lake-elsinore Dina Purvis 4641 TX MAIL 7 -- 00'01 06/04 15:59 ceakins@lake-elsinore Catherine 4642 TX MAIL 1 -- 00'00 06/05 12:03 ceakins@lake-elsinore Catherine 4643 TX MAIL 2 -- 00'00 06/05 13:43 ceakins@lake-elsinore Catherine 4644 TX MAIL 2 -- 00'00 06/05 14:27 jwu@lake-elsinore.org Jonathan Wu 4645 TX MAIL 2 -- 00'01 06/05 14:28 jwu@lake-elsinore.org Jonathan Wu 4646 TX MAIL 1 -- 00'01 06/05 14:28 jwu@lake-elsinore.org Jonathan Wu 4647 TX MAIL 1 -- 00'01 06/06 10:56 ceakins@lake-elsinore Catherine 4648 TX MAIL 8 -- 00'01 06/06 10:59 ceakins@lake-elsinore Catherine 4649 TX MAIL 2 -- 00'01 06/06 11:00 ceakins@lake-elsinore Catherine 4650 TX MAIL 2 -- 00'01 06/06 11:01 ceakins@lake-elsinore Catherine 4651 TX MAIL 13 -- 00'02 06/06 16:02 ceakins@lake-elsinore Catherine 4652 TX MAIL 1 -- 00'00 06/09 10:57 dpurvis@lake-elsinore Dina Purvis 4653 TX MAIL 1 -- 00'00 06/09 16:04 dpurvis@lake-elsinore Dina Purvis 4654 TX MAIL 1 -- 00'00 06/11 12:24 dpurvis@lake-elsinore Dina Purvis 4655 TX MAIL 3 -- 00'01 06/11 12:30 dpurvis@lake-elsinore Dina Purvis 4656 TX MAIL 1 -- 00'00 06/11 15:09 UNKNOWN 7173 RX ECM 8 OK 01'59 06/11 16:17 nmccalmont@lake-elsin Nicole McCalmont 4657 TX MAIL 2 -- 00'00 06/11 16:35 UNKNOWN 7174 RX ECM 3 OK 01'23 06/12 08:46 ceakins@lake-elsinore Catherine 4658 TX MAIL 1 -- 00'01 06/12 10:14 nmccalmont@lake- els in Nicole McCalmont 4659 TX MAIL 8 -- 00'01 06/12 12:07 ceakins@lake-elsinore Catherine 4660 TX MAIL 1 -- 00'01 06/12 14:13 \\skyline\users Nicole McCalmont 4661 TX SMB 0 NG 00'00 \nmccalmont #801 06/12 14:13 \\skyline\users Nicole McCalmont 4662 TX SMB 0 NG 00'01 \ nmccal mont #801 06/12 14:14 nmccalmont@lake-elsin Nicole McCalmont 4663 TX MAIL 1 -- 00'00 06/12 14:18 nmccalmont@lake-elsin Nicole McCalmont 4664 TX MAIL 1 -- 00'01 06/12 14:18 nmocalmont@lake-elsin Nicole McCalmont 4665 TX MAIL 1 -- 00'00 06/12 14:59 rbeardsley@lake-elsin Rusty Beardsley 4666 TX MAIL 1 -- 00'00 06/12 15:12 nmccalmont@lake-elsin Nicole McCalmont 4667 TX MAIL 1 -- 00'01 06/12 15:14 909 425 5511 7175 RX ECM 3 OK 00'41 06/12 15:17 dpurvis@lake-elsinore Dina Purvis 4668 TX MAIL 1 -- 00'00 06/12 15:35 dpurvis@lake-elsinore Dina Purvis 4669 TX MAIL 1 -- 00'00 06/12 15:46 dpurvis@lake-elsinore Dina Purvis 4670 TX MAIL 1 -- 00'00 06/13 10:28 dpurvis@lake-elsinore Dina Purvis 4671 TX MAIL 1 -- 00'01 06/13 12:15 UNKNOWN 7176 RX ECM 1 OK 00'21 06/13 14:15 951 245 5946 7177 RX ECM 1 NG 00'17 06/13 14:18 951 245 5946 7178 RX ECM 6 OK 02'50 06/13 14:50 19093076363 4672 TX ECM 2 OK 01'07 06/13 14:52 19093076363 4673 TX ECM 8 OK 04'38 06/16 15:12 nmccalmont@lake-elsin Nicole McCalmont 4674 TX MAIL 2 -- 00'01 06/17 11:22 dpurvis@lake-elsinore Dina Purvis 4675 TX MAIL 1 -- 00'00 06/17 11:34 ceakins@lake-elsinore Catherine 4676 TX MAIL 4 -- 00'01 AGREEMENT ANNUAL STREETSCAPE MAINTENANCE PROGRAM PROJECT NO. FY 13 NON-PROFESSIONAL SERVICES This Agreement, for Job Order Contractor/Non-Professional Services is made and entered into as of the date signed by the City Manager, by and between the City of Lake Elsinore, a municipal corporation, hereinafter called the "City" and "Excel Landscape" hereinafter called the "Contractor." RECITALS A. Contractor is specially trained, experienced and competent to perform the special services which will be required by this Agreement. B. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Contractor to render the services and related work as set forth in this Agreement. AGREEMENT Scope of Services. a. Contractor shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time and in such manner as to minimize inconvenience and potential hazards to the City and the public. Contractor shall furnish all necessary tools, equipment and vehicles at Contractor's sole expense. c. Contractor shall provide the City with at least two (2) contact telephone numbers that can be called by City when emergency maintenance conditions occur. Contractor shall provide a maximum of one-hour personnel response time upon notification. d. Contractor shall require each of its employees and subcontractors to adhere to basic Public Works standards of working attire which shall include basic uniforms, proper shoes and other equipment and gear as is required by State of California workplace safety regulations. Shirts shall be worn at all times, buttoned and tucked in. e. Contractor shall display the organization or firm name on all of its vehicles. Such display shall be legible from a distance to one -hundred (100) feet. 2. Time of Performance. The services of Contractor are to commence upon execution of this Agreement and shall continue for a period of one year and may be extended for three (3) consecutive one-year extensions upon the approval of the City Manager, subject to the review of the City Council. 3. Compensation. Compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. 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. AGREEMENT 4. Method of Payment. Contractor shall submit monthly billings to City describing the work performed during the preceding month, 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 30 days after approval of the monthly invoice by City staff. 5. Extra Work. At any time during the term of this Agreement, City requests that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written. authorization from the City Manager or his/her designee unless such work is verbally requested in conjunction with an emergency maintenance request. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. 6. Termination. This Agreement may be terminated by the City or Contractor for cause upon thirty (30) days' written notice of termination. This contract may be terminated by the City without cause upon sixty (60) days written notice of termination. Upon termination, Contractor shall be entitled to compensation for services performed up to the effective date of termination. 7. Reserved 8. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -in -interest. 9. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Contractor shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Contractor hereby expressly waives any claim it may have to any such rights. AGREEMENT % Interests of Contractor. Contractor (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. 11. Ability of Contractor. City has relied upon the experience and training 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 contractor in Contractor's field of expertise. 12. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. 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. 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, including but not limited to, a City business license. 14. Indemnity. Contractor shall indemnify and hold the City, its officers, employees, and agents free and harmless from any liability whatsoever, including wrongful death, based or asserted upon act or omission of the Agreement or, its employees, subcontractors, and agents relating to or in anyway connected with the accomplishment of the work or performance of service under this Agreement. As part of the foregoing indemnity, the Agreement or agrees to protect and defend at Contractor's own expense, including attorney fees, the City, its offices, agents, and employees in any legal action based upon any such alleged acts or omission. 15. Insurance Requirements. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. The Contractor shall name as additional insured, the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), and shall furnish the City with a certificate of insurance evidencing liability insurance policy or policies which shall provide coverage for owned and non -owned automobiles; manufacturers and Contractor's liability; broad form property damage in any case where the Contractor has any property belonging to the City in his care, custody or control; owners and Contractor's protective liability; blanket contractual liability; products and completed operations coverage; coverage for collapse, explosion, and where any excavation, digging or trenching is done with power equipment; and shall bear an endorsement containing the following Provisions: Solely as respect to work done by or on behalf of the named insured for the City of Lake Elsinore, it is agreed that the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), its officers, employees and agents, are added as additional insured under this policy and the coverage provided hereunder shall be primary insurance and not contributing with any other insurance available to the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore, AGREEMENT and the County of Riverside, its officers, employees and agents; under any third party liability policy. It is further agreed that the other insurance provision(s) of the policy are amended to conform therewith. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. Insurance companies providing insurance here under shall be rated (A minus: VII - Admitted) or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of California. The terms of the insurance policy or policies issued to provide the below insurance coverage(s) shall not be amended or canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of amendments or cancellation to the City, except that cancellation for non-payment of premium shall require ten (10) days prior written notice by certified or registered mail. In the event the said insurance is canceled, the Contractor shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts established. All liability insurance policies shall bear an endorsement or shall have an attached rider which provides that the City of Lake Elsinore will be notified by certified or registered mail at least 30 days prior to the effective date of cancellation, non -renewal, or material alteration of such policy. All liability insurance shall cover comprehensive general liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, aggregate operations, aggregate protective and aggregate contractual with the following minimum limits: A combined single limit for Bodily Injury Liability and Property Damage Liability of $2,000,000.00 for each occurrence will be considered equivalent to the above minimum limits for Comprehensive General Liability. Property Damage Insurance shall cover full replacement value for damages to any property caused directly or indirectly by or from acts or activities of the Contractor or its sub -contractors or any person acting for the Contractor or under its control or direction. The Contractor shall procure and maintain, at its sole expense, and throughout the term of this Contract Agreement and any extension thereof, Public Liability and Property Damage Insurance coverage for owned and non -owned automotive equipment operated. Such coverage limits shall not be less than $1,000,000 combined single limit. Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officers, officials, employees and volunteers; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses. The Contractor shall also furnish the City with a certificate evidencing Worker's Compensation Insurance with limits as established by the State of California. The Contractor shall include all subcontractors as insured under its policies or shall furnish separate AGREEMENT certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 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 If to Contractor: Excel landscape Attn: Jose Alfaro Sr. 710 Rimpau Ave. Suite 108 Corona, Ca 92879-5724 16. The Contractor hereby agrees to provide and maintain in effect two (2) good and sufficient Surety Bonds for one hundred percent (100%) each of the contract price. The bonds shall be a "Faithful Performance Bond" which shall guarantee the faithful performance of all work and a "Labor and Materials Payment Bond" which shall secure the payment of the claims of labor, mechanics, or material men for all work under the Contract pursuant to Section 3247 of the Civil Code. 17. The Contractor, the Contractor's heirs, executors, administrators, successors, or assigns guarantee that all work performed under this Contract fully meets the requirements thereof as to quality of workmanship and materials furnished. If any defects in materials or workmanship become evident within a period of one year from the date of the acceptance of the work by the City Council, the Contractor shall, at his or her own expense, make any repair(s) or replacement(s) necessary to restore the work to full compliance with the Plans and Specifications. 18, The Contractor and any agents or subcontractors of the Contractor shall pay the prevailing rates of per diem wages established by the California Department of Industrial Relations. The Contractor and any agents or subcontractors of the Contractor shall also adhere to the California Labor Code, Division 2, Part 7, "Public Works and Public Agencies," and the California Administrative Code, Title 8, Group 3, "Payment of Prevailing Wages upon Public Works," all of which are made a part of the Contract documents. 19. The Contractor agrees that he or she and its subcontractors shall maintain and keep books, payrolls, invoices of materials, records on a current basis, and recording all transactions pertaining to this Agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the City of Lake Elsinore, County, the State of California, and the Federal Government and to any authorized representative thereof for purposes of audit and inspection at all reasonable times and places. All such books, payrolls, invoices of materials, and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter period of retention, all books, records, and supporting detail shall be retained for a period of at least three years after expiration of the term of this Agreement. 20. Pursuant to California Public Contract Code Section 22300, the Contractor will be permitted the substitution of securities for any monies withheld by the City of Lake Elsinore to ensure performance under Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City of Lake Elsinore, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor. Securities eligible for substitution under this section shall include those listed in Section 16430 of the Government Code, bank or savings AGREEMENT and loan certificates of deposit, interest-bearing demand deposit accounts, and standby letters of credit. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any dividends or interest thereon. The Contractor shall give the City written notice within thirty (30) days after the Contract is awarded that it desires to substitute securities for money that would ordinarily be withheld. If the substituted securities are deposited into an escrow, the escrow shall be governed by a written escrow Contract Agreement in a form which is substantially similar to the Contract Agreement set forth in Section 22300, of the Public Contract Code. 21, The Contractor agrees to indemnify, defend, and save the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), and its officers, agents, and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to the Contractor's employees and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Contract Agreement, or are caused or claimed to be caused by the negligent acts of the Contractor its officers, agents, employees, sub -contractors or suppliers, and all expenses of investigating and defending against the same; provided, however, that this indemnification and hold harmless shall not include any claims arising from the sole negligence or willful misconduct of the City, RDA, and its officers, agents, or employees. The obligation to indemnify, defend and hold harmless set forth herein shall include, without limitation, any and all attorney's fees incurred by the party to be indemnified, defended, or held harmless, whether in a judicial or administrative action or in arbitration, and whether the issue is between the parties or involves one or more third parties. 22. The parties do for themselves, their heirs, executors, administrators, successors and assigns agree to the full performance of all of the provisions herein contained. The Contractor may not, either voluntarily or by action of law, assign any obligation assumed by the Contractor hereunder without prior written consent of the City. 23. Should either party bring any legal or equitable action for the purpose of protecting or enforcing its rights under this Contract Agreement, the prevailing party in such action shall recover in addition to all other relief, its reasonable attorney's fees and court costs to be fixed by the court. in addition to the foregoing award of attorney's fees, the prevailing party shall be entitled to its attorneys' fees incurred in any post judgment proceedings to enforce any judgments in connection with this Contract Agreement. The Provision is separate and several and shall survive the merge of this Provision into any judgment. 24. By my signature hereunder, as Contractor, I certify that I am aware of the Provisions of Section 3700, of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the Provisions of that code, and I will comply with such Provisions before commencing the performance of the work of this Contract. 25. The effective date of this Contract Agreement shall be the date of the Award of Contract by the City of Lake Elsinore, 26. Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions concerning a Contractor may be referred to the Registrar Contractors' State License Board, 3132 Bradshaw Road, Sacramento, CA 95826. Mailing address: P.O. Box 26000, Sacramento, CA 95826. (SIGNATURE PAGE FOLLOWS) AGREEMENT City of Lake Elsinore, Municipal 2Corporation BY: / City Manager DATE: INTERNAL USE ONLY I EST: PitvClerk (only needed if Mayor signs) APPROVED AS TO LEGAL FORM: City Attorney Date RECOMMENDED FOR APPROVAL: Department Head SIGNING INSTRUCTION TO THE CONTRACTOR: (Name of Contractor) License No. / Classification: _4�5 5�.__�'Q.__ Expiration Date:. 9-31L�O�.>` Federal I.D. No.: PRINT NAME:SjI�G�, j SIGNATURE:�;�A! r TITLE: _ DATE:_ -- Date PRINT NAME: 6LeXRMAO r SIGNATURE ?'.. -27 DATE: Date All signatures on the Contract Agreement on behalf of the Contractor must be acknowledged before a notary public. General Partners must sign on behalf of the partnership. State of California ) CALIFORNIA ALL-PURPOSE Countyof _2tv�t�� ___..._._) CERTIFICATE OF ACKNOWLEDGMENT On P V_%G_ (S- _5 _ _3 before " � o/ eore r 4f,"', (here ",ell 1 rmc ano t d - of the offie r personally appeared SjSE /}( F/i'2C U TF •S !C- L 9L��RU who proved to me on the basis of satisfactory evidence to be the person(s) whose names) ijXare subscribed to the within instrument and acknowledged to me that ly /s[A/they executed the same in UJs/IWr/their authorized capacity(ies), and that by 1}is/b�er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. J ? Signature--- -'— OPTIONAL INFORMATION JAMES J. RINI COMM. #2013424 Notary Pubfle • Cellkmle o Riverside County Comm E t kers . 22 2017+ (Seal) A/though the information in this sccrion is nor required by law, it could prevent fraudulent removal and reattachment of this acknowledgrnell t roan unauthorized docurnent arrd may prove useful to person, relying on rhe attached document. Description of Attached Document 'he preceding Certlfrca*,e of Acknowledgment is attached to a document titled/torthe purpose of containing pages, and dated The signer(s) capacity or authority is/are as Irdividual(s) J Attorney-in-fact ❑ Corporateofflcer(s} ❑ Guardian/Conservator L] Partner-Limited/General Tiustee(s) Other iepresernng IVarne(sl of Person(s}er Cneit f s}Sq^err is liep¢senlmq _Method of Signer Identification Proved to me nn the stasis otsausfaccory evidence: I (-I torrnls) ondenUfication 0 credibrowitrwos es) Notarial event is detalled in notary Journal on- Page ft Entry p notify contact Other Addtlonai Signerlsi iJ Srgnerrs)Thumbponl(s) L_] nrljlloh,2001;,Ow Yllel"',ll, W5)otl1 SI. 1),MOIngS. IA 501111" I 1 11.1 11 1 it,r,,. - X1111-1.—..ivc.� "Bond Issued In Two (2) Counterparts" BOND NO. 024040335 PREMIUM $ 2372 FAITHFUL PERFORMANCE BOND (100% of Total Contract Amount) ANNUAL STREETSCAPE MAINTENANCE PROGRAM PROJECT NO. FY 13 KNOW ALL MEN AND WOMEN BY THESE PRESENTS: Simul y�mnhnn is IiiTy�mnmeA. Nemkim N tot Ihv nmhild tuna a,Al n0,,JNA to adjoMmmnt Hazed on "mi tommlpdm. THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City," has awarded to Excel Landscape Inc. as Principal hereinafter designated as "Contractor" and have entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as PROJECT NO. FY 13, is hereby referred to and made a pad hereof; and WHEREAS, said Contractor under the terms of said Contract Agreement is required to furnish a bond guaranteeing the faithful performance of said Contract Agreement; NOW THEREFORE, we the undersigned Contractor and_The Ohio Casualty Insuranco company as Surety, are held and firmly bound unto the City of Lake Elsinore, County of Riverside in the penal sum of One Hundred Sixty -Four Thousantl'(1) dollars, ($10-0,700.00 ---- ---- ), lawful money of the United States, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Contractor, his or her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in said Contract Agreement and any alterations thereof made as therein provided, on his or her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Lake Elsinore, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event suit is brought upon this bond by the City and judgement is recovered, the Surety shall pay all costs incurred by the City In such suit, including a reasonable attorney fee to be fixed by the court. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract Agreement or to the work to be performed thereunder, or the Provisions accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement or to the work or the Provisions. (SIGNATURE PAGE FOLLOWS) '(1) Seven Hundred and 001100 "BOND IS EFFECTIVE FROM AUGUST 1, 2013 TO AUGUST 1, 2014" FAITHFUL PERFORMANCE BOND BOND NO. 024040335 IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this 5th day Of August 2013 BIDDER SURETY Contractor Name: Excel Landscape, Inc. _. Name: The Ohio Casualty Insurance Company Address: 710 Rimpau Ave., Ste. #108 _ Corona, CA 92879 Telephone No-: _951,735.9650 Print Nam Signature: Approved day of Address: 790 The City Drive South, Suite 200 _v Orange, CA 92868 Telephone No.: 714.634.3311 Print Name: Elizabeth Kolpien Attorney -in -Fact c= Signature:0` City Attorney City of Lake Elsinore NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). State of California ) CALIFORNIA ALL-PURPOSE Countyof 2(V�5(,l.Ta,c._..__ __ ) CERTIFICATE OF ACKNOWLEDGMENT On riU6t(s /74-�, 2.013 beforeme tJbrrFzY (here irsert name and title of ttte officer) personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose name(g) is/,re subscribed to the within instrument and acknowledged to me that he/sjm/tWey executed the same in his/herr/ter authorized capacity(iip5), and that by his/per/their signature(O on the instrument the person(,eJ, or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r 1 Signature OPTIONAL INFORMATION "E' l.NT COMM#2p13924 x -e Notary Public • Caliiomla o Riverside County Catxn. Ex kas Mar, 72 417 (Seal) Although, rhe information in this .vection is not required by law, it could !)(event fraudulent r'ernoval and i eatlorhinenI of this acknowledgment to an unauthorized document and may prove useful to peaons relying on ihn, attached document. Description of Attached Document the preceding Certificate of Acknowledgment is attached w a document titled/for the purpose of F9[?kFUL Fe,CFO)2^AA46e &3 jaP _-- containing 1 pages, and dated he signer(s) capacity or authority is/are as ❑ Individual(s) L] Attorney -In -Fact F1 Corporate offcegO U Guardian/Conservator ❑ pent" tiinhed/5ene21 F T�ustee(z) i Other _. ... epresenting: I I I Nameis)o(i (sl o�rntgYliu7 bynei ¢fteP�r'sennng _Method of Signer Identification _ Proved to the on the basis of satisfactoty evidence, �Q fcrm(s)o(idennfication C)aediblewitness(es) Notarial event is detailed In notaryjournal oil Page it -_ Entry t! -.-_ Notary contact __. _...... Other ..._.. _-._ .. F] ,#ddltionblagner(s) ice) Slgnern)iturnbprint(s) f] 4�Copgrigttl200)Nwary An.ary,lcc 92529th 11. t", enol crs, ie In I"11-iG wim nines ri .I---..— ..a....,. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On August 5,..20 13 before me Raquel L Soto Notary Public personally appeared Elizabeth Kolpien who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature i v . (Seal) s'9 SOTO Z orr- r.�� r� � ,c iraaseAa p �A THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. ercre,e American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casually Company and The Ohio Casually Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,GlIZslUaklK4lplELllSae.4t,(j�Li..DsGristP:.Md[W1,_DspVjs'Petf7�3vL*_ShanuQD_j_OpeZ .._.---- . all oifhe city ol_ LOLANDS state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon Ute Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their ovm proper parsons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or offical of the Continues and the corporate seals of toe Companies have been affixed thereto 1111s 13111 day of —Ju—no, 2013 , American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company ._ : BY ..--._. y _ aSGCport,Aswx.__ .__.. C STATE OF WASHINGTON 55 Gregory ,Davenport Assistant Secretary A COUNTY OF KING y On this 131h day of jure,2013 before me, personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American o to Fire and Casualty Company. Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, O R execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. to d > IN WITNESS WHEREOF,1 have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year fist above written. d M N By: KD R, -I Not Rr61ic O di O � This Power ofAttomey is made and executed pursuantto and byaumodtyoflhefollovnng By-laws and Authorizations ofAmedcan Fimand Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and WestAmerican Insurance Company which resolutions are nowin full force and effect reading as follows. m o ARTICLE IV -OFFICERS -Section 12. Power efAttorney,Any, officer or other official of the Corporation authorizedfortbar purpose inviting bythe Chairman orthe President, and subject rw to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, pC acknowledge and deliver as surety any and all pndern ings,bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E N powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or aftomey-in-fact under r2 -m the provisions of this article may be revoked at any time by life Board, the Chairman, the President or by the officer or officers granting such power or authority. R ARTICLE XIII - Execution of Contracts- SECTION 5. Surety Bonds and Undertakings. Any officer of the Company not hanzed for that purpose in writing by the chairmen or the president, > 0r and succor to such limitations as the chairman or the president may presence, shall appoint such attorneys-iri as may be necessary to actin behalf of the Company to frisker execute, i- 0 3 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. S110 anorneys-in--fact subject to the limitations set forth in their Z o respective powers of attorney, shall have futtpower to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. Wnenso executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such abomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing than a cedified copy of any power of attorney issued by this Company in connection with surely bonds, shall be valid and binding upon fife Company with the same force and effect as though manually affixed, 1, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casually Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power otAttomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this _day of .20J -3— y 2DLy—--------- Daeid M. Oaroy, Assistant 6acretery 8 of 250 LATS 12137:5 002012 0 F- >10) 0) dw C did C, QM a 9 C 0. m Np = O Y "Bond Issued In Two (2) Counterparts" BOND NO. 024040335 PREMIUM $ Included In Performance Bond LABOR AND MATERIALS PAYMENT BOND (100% of Total Contract Amount) ANNUAL STREETSCAPE MAINTENANCE PROGRAM PROJECT NO. FY 13 KNOW ALL MEN AND WOMEN BY THESE PRESENTS THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City", has awarded to Excel Landscape, Inc. as Principal hereinafter designated as "Contractor' and have entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as PROJECT NO. FY 13, is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond to secure the payment of claims of laborers, mechanics, material men, and other persons, as provided by law; NOW, THEREFORE, we the undersigned Contractor and*(l) , as Surety are held and firmly bound unto the City of Lake Elsinore, County of Riverside, in the penal sum of One Hundred Sixty -Four Thousand*(2) _dollars, ($164,700,00----- ), lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Contractor, his or her or its heirs, executors, administrator, successors or assigns, or subcontractors, shall fail to pay any of the persons described in the State of California Civil Code, Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his or her subcontractors, pursuant to Section 13020, of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond by the City or other person entitled to bring such an action and judgement is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court. This bond shall inure to the benefit of any of the persons described in the State of California Civil Code Section 3181, to give a right of action to such persons or their assigns in any suit brought upon this bond. (SIGNATURE PAGE FOLLOWS) *(1) The Ohio Casualty Insurance Company *(2) Seven Hundred and 001100 "BOND IS EFFECTIVE FROM AUGUST 1, 2013 TO AUGUST 1, 2014" LABOR AND MATERIALS BONE) BOND NO 024040335 IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this 5th day of August 1 2013 ra � Contractor Name: Excel Landscape, Address: 71012impau Ave., Ste. #108 ___ __,__^ Corona, CA 92879 Telephone No.: 951.735.9650 Print Nam Signature: Approved — day of City Attorney City of Lake Elsinore SURETY Name: The Ohio Casualty Insurance Company Address: 790 The City Drive South, Suite 200 Orange, CA 92868 Telephone No.: 714.634.3311 Print Name: ElizabethKolpien -- Attorney-in-Fact Signature: NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). State of California ) CALIFORNIA ALL-PURPOSE County of>_._ ) CERTIFICATE OF ACKNOWLEDGMENT On �l-f ,` I .iSr_h Zor3beforeme,...til t--�-, - --�-- - (hrre ns _rt name ane tideb)the of(iced personally appeared f SG A L f /k 2.O who proved to me on the basis of satisfactory evidence to be the person(a) whose namely) isearn subscribed to the within instrument and acknowledged to me that he/�We/tpcyy executed the same in hislhX1tlWir authorized capacity(jet), and that by his/ileUt(acir signaturew on the instrument the persorl or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ZZ 7 Signature f OPTIONAL INFORMATION liAll I t. I... COMM. #2Qt3924 o Nolary public • CeOtomle o z Rlvetgl bag 22, 2017. Gortur4 (Seal) Ail hough the information in this section is not required by law, it could prevent rroudulent removal and reatrachmenr of this acknowledgment to an tin nuthoided document and may prove iseRal to Persons relying on the at[ached docume-nr. Description of Attached Document Me preceding Cernflcate of Acknowledgment Is attached to a docurnent tit led/forttlepurpose ofj_,qB_,0)z AN.TT /"t _VE /4 containing _ pages, and dated The signers) capacity or authority is/are as: Individual(s) Attorney -in Fact ❑ Corporate Cfllogs) litle(s) ❑ Guzrdian/Conservator [.� Partner Limited/General ❑ Trusteets) ❑ other: representing. Names) of Per:on(g ar 1m11y0e:) Signers Repsonlln9 Method of inner Identification Proved to me on the busts of satisfactory evidence- t -n form(b of ldentificat ion 0 creo,ble witnesses) Notarial event Is detailed In notaryoumal on: Page 0 Entry P Notary contac other L] AcdiGonal Slgnm(s) U s a,ie,6)Thumbp I,dr,) 0Ulf, ,IQllt 200/Nnta,y Ratx,y.I,, Ws 2Y,1, 11. Lo SM in",, Ir, �sl"-",I I YOIn,"I'v, iV,V/ iron, -a„ ... ii..,. ........ ii.....i..... —, CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of _. San Bernardino On August5, 201_3 _._ before me Raquel L Soto Notary Public personally appeared _ Elizabeth Kolpien who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature P �F (ratnly Funisc ray -i�A P � 4W GAN RCRW"Il .h WPM i aqua THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authorttyto bind the Company except in the mannor and to the extent herein stated. Cedifirate No. aterone American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the lava of the State of New Hampshire, that liberty Mutual Insurance Company is a corporation duly organized under the lava of the State of Massachusetts, and Nkat American Insurance Company is a corporation duly organized under the laws of the Stale of Indiana {herein collectively called file 'Companies ), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,_GIIZc'1b9(kl1iWR1.et1:.LiE4LA�A..RP,�rd910:..MazilQlYi..As'lYl::i'.'EABt.M.D&Y1S:._SL7dQQ49.L4R82_—_ all of the city of REDLANDS stale of CA each individually if there be more than one named, its true and lawful attorney -in -tact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Atiomey ties been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1391 day of J_J,me� 2ot3 American fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company STATE OF WASHINGTON ss Gregory ! Davenport, Assistant Secretary COUNTY OF KING On this l3th day of June , 2.013 , before me personalty appeared Gregory VV. Davenport. Who acknowledged himself to be the Assistant Secretary of American Fire and Casually Company, Liberty Mutual Insurance Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by s,gning on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and yearfirstaBove written. KD Raey ,Not Public This Power ofAltomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and WestAmerican Insurance Company which resolutions are now in full tome and effect reading as follows ARTICLE IV -OFFICERS - Section 12. Power of Attorney. Any offer or ober official of the Corporation minimized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such adomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and alt undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any pourer or authority granted to any representative or attomeyin-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts- SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such imitations as the chairman or the president may prescribe, shall appoint such alforneys-in•fact, as may be necessary to actin behalf of the Company to make, execute, seal, acknowledge and cehver as surety any and all undertakings, bonds, recogni2ances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seat of the Company. Wien so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such aflomeys in-tacl as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and order as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify, that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. ,��.� � IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seals of said Companies thisy t �r dayof A`11" -t- .(✓ (x -t 2013E BY: Davidid N-Qaroy, Assistant Sric,odary 9c,1250 LMS_. 12873, 092012 Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Exhibit C - Certificate of Exemption from Workers' Compensation Insurance SCOPE OF SERVICES (INSERT) LANDSCAPING FACILITIES Landscaping improvements include, but are not limited to: irrigation, cultivation, installation and replacement of plant material, tree trimming and other necessary supplies; personnel, utility and equipment costs; contract services where applicable; care and maintenance of approximately fifteen (15) acres of lake beaches and levees, street trees and approximately thirty-four (34) acres of streetscapes within the public right-of-way. , The City of Lake Elsinore landscaping facilities include three (3) types of improvement areas which are described below and are shown in Figures 2-3 on the following pages: 1. Major Streets 2. Site Specific Landscaping Areas 3. Tree Maintenance Areas MAJOR STREETS The Major Streets improvement area includes landscaping on three types of. streets (Arterial, Major, and Secondary) and beaches; levees and wetlands. The first two sets of streets are defined as Arterial (110' wide) and Major Streets (100' wide) per the City of Lake Elsinore General Plan 1992, and they are: Highway 74, Lakeshore Drive, Main Street, Riverside Drive, Robb Road, Grand Avenue, Mission Trail, Railroad Canyon Road, Diamond Drive, Corydon Street, Summerhill Drive from Railroad Canyon Road to Riverside Street, Tuscany Hills Parkways, and Grape Street. The third set of streets are defined as Secondary (88' wide) per the City of Lake Elsinore General Plan 1992, and they are: Machado Street from Grand Avenue to Lakeshore Drive, Dexter Avenue, Sixth Avenue from Casino Drive to Lakeshore Drive, Terra Cotta Road from Lakeshore Drive to Nichols Road, Lincoln Street from Lakeshore Drive to Nichols Road, Lincoln Street from Grand Avenue to Riverside Drive, Lincoln from Machado Street to Shore Cliff Drive, Chaney Street from Lakeshore Drive to Dexter Avenue, Graham Avenue from Lakeshore Drive to Main Street, and Pottery Street from Main Street to Franklin Avenue. Site Specific Landscaping Areas. The Site Specific Landscaping Areas include nine (9) areas with specific local benefits due to landscaping. They are as follows: • Area "A" -landscaping along MachadoStreetat the Grand Avenue intersection • Area "B" -landscaping along Madison & Garfield Streets • Area "C" -landscaping 'in Tract 19402 • Area "D" -landscaping along Terra Cotta Road •Area "E" -landscaping in Tract 19344 - Serenity Citywide Landscaping • Area "G" -landscaping along east side of Machado Street between Lincoln Street and Lakeshore Drive • Area "H" -landscaping at Orange Grove Way See appendix "B" for site specific landscaping areas Figure 2 located in the Technical Provisions appendix NOTIFICATION OF RESIDENTS (APPLIES WHEN PUBLIC ACCESS IS NOT ALLOWED The Contractor shall notify in person and with printed notification (in English and Spanish language), at least ten (10) working days prior to commencing work, to all agencies, firms, institutions, postal service, residents, hospital, Riverside Transit Authority (RTA), schools, stores, utilities and waste disposal service fronting or affected by the work. Additional printed notification (in English and Spanish language) shall be given not less than forty-eight (48) hours prior to performing any work which will restrict property access, close or partially close the street, or which will restrict or disallow street parking. All schools and churches shall receive seven (7) working days notification prior to performing any work which will restrict property access. The Contractor shall coordinate with the school district for pick-up and drop-off of school children, RTA for the pick-up and drop off of riders, waste disposal collection, the postal service to ensure delivery of mail, and churches for weekly or special activities. The printed notices shall contain a general description of the work to be done and the date that the work is to be done. The notices shall also include a statement that parking will be restricted as called for on the "NO PARKING" signs to be posted along the street. All public notices must be reviewed and approved by the Resident Engineer prior to its distribution. The Contractor shall also post printed "NO PARKING -TOW AWAY" signs at one -hundred -foot (100') (thirty meters (30m)) maximum spacing along each side of the affected street for forty- eight (48) hours prior to the commencement of the street improvement work. The Contractor shall document the day, date and time the "NO PARKING" signs were posted. Posting of signs on trees and utility poles will not be allowed. The signs shall contain the day, date, hours and vehicle code that parking will be prohibited on that particular street, CVC 22651 L and CVC 22654D. The signs shall be removed immediately upon completion of work that will prohibit parking. The printed notices and the"NO PARKING" signs shall be furnished by the Contractor. Full compensation for compliance with the preceding requirements shall be considered as being included in the various Contract items in the bid schedule and no additional compensation will be allowed therefore. MOBILIZATION Mobilization shall be in accordance with Subsection 9-3.4 "Mobilization," of the Standard Specifications, and these special provisions. Mobilization shall consist of preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work on the project and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, as well as the related; demobilization costs anticipated at the completion of the project. The cost of all bonds and insurance policies, including premiums and incidentals, shall be included in mobilization. No additional compensation will be allowed for additional mobilizations required, including but not limited to; delays caused by the relocation of existing utility facilities shown on the plans or discovered during construction operations. The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization. Payment for mobilization, additional mobilizations, cost of all bonds and insurance policies, and all costs incurred prior to beginning work shall be considered to be included in and distributed proportionately through all of the contract items of work, and no additional compensation will be allowed. TRAFFIC CONTROL Traffic controls, including but not limited to, vehicular and pedestrian traffic controls, maintenance of vehicular and pedestrian access, detours, and street closures shall be in accordance with these technical Special Provisions; Traffic Control Plans; California. MUTCD (FHWA's'MUTCD 2009 edition as 'amended for use in California); Part 6, Temporary Traffic Control, Caltrans adopted September 26; 2006; the current„ Work Area Traffic Control Handbook"; and Subsection 7-10, of the current "Standard Specifications for Public Works Construction, including all its subsequent amendments. Nothing in the Special Provisions shall be construed as relieving the Contractor from his or her responsibility to provide for the safety and convenience of traffic and the public during construction. In the event of conflict, the order of precedence shall be as follows: 1., Special Provisions 2., Traffic Control Plans 3, California Manual on Uniform Traffic Control Devices (FHWA's MUTCD 2009 edition as amended for use in California), Part 6, Temporary Traffic Control, Caltrans adopted September 26, 2006. q. Work Area Traffic Control Handbook. (WATCH) 5. Standard Specifications Traffic Control shall be in accordance with the following Special Provisions: a. The contractor shall obtain and pay for an encroachment permit from Caltrans for lane closures on the exit ramps or within Caltrans Right of Way. The City will reimburse the contractor for the cost of the permit only. The contractor is required to supply the traffic control plan and submit the traffic control plan to Caltrans for approval. b. All streets shall remain open to through traffic at all times except when street closure is approved by the Engineer. The local traffic consists of, but is not limited to, residences; church congregations, farmers, post offices, meter readers, trash pickup; school buses, and emergency vehicles. The Contractor shall provide a smooth travel way and either a flagger and/or signing to direct traffic. C. The Contractor shall be responsible for the preparation of Traffic Control Plans as necessary for the work. The Traffic Control Pians shall be signed and stamped by a California Registered Traffic Engineer and transmitted to the :City for approval no later than fourteen (14) calendar days prior to the scheduled commencement of work. Comments and corrections shall be returned to the Contractor within five (5) working days. The Traffic Control Plans shall conform to the requirements listed in these Technical Provisions; California MUTCD Part 6, Temporary Traffic Control; .the Work Area Traffic Control Handbook; and the Standard Specifications. . d. All traffic controls and safety devices, equipment and materials, including but not limited to cones, channelizers, delineators, flashing warning lights; barricades, high level warning devices (telescoping flag trees), flags, signs, markers, portable barriers, temporary railing (Type-K), temporary fencing, flashing arrow signs, changeable message sign, markings, and flagging equipment shall be provided and maintained in "like new" condition. e. The Contractor shall furnish and properly install, construct, erect, use and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days per week; which includes holidays, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide; control, regulate, channelize and protect the vehicular traffic, pedestrian traffic; project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include areas affecting or affected by the work, from the date of Notice to Proceed to the completion and acceptance of the work. f. High-level warning devices (telescoping flag trees) are required at all times for work being performed within the roadway unless otherwise specifically approved by the Engineer. g. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than 711 mm (28") in height, except that shorter cones, 305 mm (12") minimum height, may be permitted during striping maintenance operations where the only function of the cone is to protect the wet paint from the traffic. The entire area of orange and white stripes for barricades shall be Type I, engineering grade, or Type Il, super engineering grade, retro -reflective sheeting conforming to the requirements of ASTM Designation: D 4956.95. h, Type III barricades, no less than 1.83 m (6) in length and equipped with two (2) Type "N" markers each and two (2) portable flashing beacons each, shall be used to close streets, except as otherwise specifically approved by the Engineer for minor maintenance work of no more than one (1) working day's duration, on weekdays, or on holidays only, and limited to the hours between 8:30 a.m. and 3:30 p.m, Said barricades shall be placed across the full roadway at each point of closure with the distance between barricades, or between barricades and curbs, not exceeding 914 mm (3') except that one (1) 3.3 m (11') wide gap between barricades shall. be provided at the center of the street. Barricades to the right of the street's center, facing the inbound vehicular traffic, shall also be equipped with one (1) R11-2, "Road Closed" sign, one (1) R11-4, "Road Closed to Thru Traffic," sign, and a Type P warning sign. i' Channelizes shall be surface mounted type and shall be furnished, placed and maintained at the locations shown on the Plans or as approved by the Engineer, and shall conform to the provisions in Subsection 12-3.07, "Channelizes," of the State of California Standard Specifications and these Special Provisions. When no longer required for the work as determined by the Engineer, channelizes (except channelizes to be left in place), and underlying adhesive used to cement the channelizes bases to the pavement, shall be removed. Removed channelizes and adhesive shall become the property of the Contractor and shall be removed from the site of work. j. Reflectorized (both sides) temporary self-adhesive markers, 100mm (4in) wide, shall be applied to un -striped pavement surface before opening the travel way to public traffic. Reflectorizedtemporary yellow markers shall be used for to delineate the centerline to separate opposing traffic. Reflectorized temporary white markers 'shall be Used to delineate lanes of travel and placed in 600mm (24in) intervals transverse to the road to delineate stop bars and limit lines. The reflectorized temporary markers shall be removed the same day the first coat of striping has been placed on the pavement. The removal of the markers shall be done such a way that the pavement is not damaged, k. Except as otherwise approved by the Engineer, two-way vehicular traffic shall be maintained at all times within two (2) 3.3m (11') wide lanes on streets having an effective roadway width of 13.4 m (44') or more with restricted parking. Other streets of lesser widths may be reduced to one (1) 3.6 (12') wide lane with work activity being limited to one side at time, and the one-way vehicular traffic being maintained at all times by properly trained and experienced flaggers. All lane closures shall have flashing arrow signs to provide additional, high level, advanced warning. No reduction of the traveled way width shall be permitted on any City street before 8:30 a.m. or after 3:30 p.m., on weekends or holidays, or when active work is not being done, unless otherwise approved by the Engineer. Properly trained and experienced flaggers shall be provided to direct traffic when said traffic is to be interrupted, when two-way traffic is to be reduced to one-way traffic, and at other such times as is necessary to safely pass traffic through or around the work area and when so directed by the Engineer. m. Vehicular access to occupied residential property may be restricted on weekdays, other than holidays, between the hours of 8:30 a.m. and 3:30 p.m. while essential work activity is taking place only upon approval by the Engineer and providing the Contractor gives. the property owner or resident at least forty-eight (48) hour advance written and oral notice. Convenient and safe pedestrian access to schools, churches, occupied residential and business property shall be maintained at all times. Access to mailboxes shall be maintained at all times such that the postal delivery service' is not interrupted. Trash pick-up services shallnotbe interrupted. Access to vacant and unused property may be restricted when approved by the Engineer. Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the Engineer. n. Vehicular access to business, school and church driveways shall be maintained at all times during construction, o. Traffic control and safety devices and equipment being used that becomes damaged, destroyed, faded, graffitied, encrusted, soiled, misplaced, worn out, inoperative, lost, or stolen shall be promptly repaired, refurbished, or replaced. Traffic control and safety devices and equipment being used, that is displaced or not in an upright position from any cause, shall be promptly returned or restored to their proper position. P. An unobstructed view of all signs and warning devices including, but not limited to, stop signs, stop ahead signs, street name signs, and other regulatory, warning and construction signs, markers, and warning devices shall be maintained at all times. All speed limit signs shall be black on white with signs at either end of the project notifying the motoring public that fines are doubled in construction zones. No trucks or other equipment or materials shall be stopped, parked, or otherwise placed so as to obscure said signs, markers and devices from the view of the vehicular and pedestrian traffic to which it applies. q. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by police officers, fire officers, properly trained and experienced flaggers, or at traffic signalized intersections. r. Stockpiling or storage of materials on any public right-of-way or parking area will not be allowed without the specific written permission of the Engineer. Materials spilled along or on said right-of-way or parking area shall be removed completely and promptly. All stockpile and storage areas shall be maintained in a safe, neat; clean, and orderly condition, and shall be restored to equal or better than original condition upon completion of the work. S, On projects involving work on, closure of, or partial closure of existing streets, and where vehicular access to the abutting property must be restricted, the work shall be so selected, arranged ,and scheduled that the person(s) requiring access to said abutting property and residents along said streets affected will be .able to park within a reasonable distance of not more than 150m (500) from their homes or destination. In addition, no two adjoining streets shall be closed at the same.lime, except as otherwise approved by the Engineer. Residents must be given written notice of such restrictions a minimum of 48 hours in advancer t. When work has been completed on a particular street or has been suspended or rescheduled, and said street is to be opened to vehicular traffic, all equipment, "NO PARKING" signs, other obstructions, and unnecessary traffic control devices and equipment shall be promptly removed from that street, except as otherwise approved by the Engineer. U, Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be unavailable to promptly, satisfactorily, and fully comply with the provisions specified and referred to herein above, the City reserves the right to correct or mitigate any situation, that in the sole opinion of the Engineer, constitutes a serious deficiency or serious case of noncompliance, by any means at its disposal at the Contractor's or permittee's expense, and shall deduct the cost therefore from the Contractor's progress or final payments. Such corrective action taken by the City shall not reduce or abrogate the Contractor's legal obligations and liability for proper traffic control and safety measures and shall not serve to transfer said obligations and liabilities from the Contractor to the City or the City's agents. V. Violations of any of the above Provisions or provisions of the referenced publications, unless promptly and completely corrected to the satisfaction of the Engineer, shall, at the sole discretion of the City, be grounds for termination of the Contract, or shut down or partial shut down of the work, without compensation to the Contractor or permittee, or liability to the City, all as prescribed by contractual obligation or State law, whichever is applicable. Payment for traffic control shall include full compensation for, but not limited to, furnishing all labor (including flagging costs), materials (including construction area signs), tools, equipment; traffic control plans and revisions, and incidentals, and for doing all the work involved in the preparation of Traffic Control Plans, placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components :of the traffic control including lights, channelizers (surface mounted), delineators, temporary striping and pavement marking, barricades, portable flashing beacons, flashing arrow signs, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. Payment for traffic control shall be considered to be included in and distributed proportionately through all of the contract items of work, and no additional compensation will be allowed. DUST CONTROL Dust control shall be performed in accordance with Subsection 7-8.1, "Clean up and Dust Control," of the Standard Specifications, South Coast Air Quality Management District (SCAQMD) Rule 403, the general Provisions and the following Provision. Dust resulting from the Contractor's performance of the work, either inside or outside, the right- of-way shall be controlled by the Contractor, Dust control includes the action necessary to prevent, reduce or control dust within the work area as required to complete the work. The Contractor shall carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or causing a nuisance, or harm to persons living nearby or occupying buildings in the vicinity of the work. The Contractor shall control dust during the course of performing his maintenance operations or as a result of the contractors operations. The methods to be used for controlling dust in the maintenance area shall be approved by the City. The Rule 403 Implementation Handbook published by the SCAQMD; contains a detailed listing of reasonably available dust control measures. Dust or dirt accumulations generatedby the Contractor's operations shall be cleaned and removed by the Contractor from all areas as designated by the City. Areas to be cleaned shall include, but not be limited to swimming pools, interiors of any structures including residences and places of business, exteriors of any structures including roofs, patios, driveways, and any other areas as required. The Contractor shall retain a professional cleaning service for the cleaning of swimming pools, and the interior and exterior of structures. The cost for cleaning and removal of dust or dirt shall be at the Contractor's expense and no additional compensation will be made therefore. Water for use in dust control shall, at the option of the Contractor, be potable or non -potable. Non -potable water shall consist of reclaimed waste water or non -potable water developed from other sources. If the Contractor uses reclaimed waste water in the work, the sources and discharge of reclaimed waste water shall meet the California Department of Health Services Water Reclamation Criteria and the Regional Water Quality Control Board requirements. The Contractor shall obtain either a waste water discharge permit or a waiver from the Regional Water Quality Control Board. Copies of permits or waivers from the Regional Water Quality Control Board shall be delivered to the engineer before using reclaimed waste water in the work. All equipment used for the application of water shall be equipped with a positive means of shut- off. No adjustment of compensation will be made for any increase or decrease in the quantity of dust control required, regardless of the reason for such increase or decrease. The full compensation for all direct and indirect costs incurredforwork performed or materials used to control dust resulting from the Contractor's performance of the work either inside or outside the right-of-way shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefore. GENERAL LANDSCAPE MAINTENANCE; SPECIFICATIONS This specification establishes the standards for the maintenance of the landscaped areas for the City of Lake Elsinore. The Contractor's primary responsibility will be to maintain the landscape areas at the highest (municipal) industry standards by integrating innovative and progressive techniques and to follow the objectives as set forth in these specifications. Any instance of damage shall be reported immediately to City Staff. The Contractor shall furnish all labor, equipment, materials, tools, services, and special skills required to perform the landscape maintenance as set forth in this specification and in keeping with the highest standards of quality and performance. Maintenance: of the landscape shall include but not be limited to inspections, mowing, trimming, pruning, fertilization; aeration, weed control, cultivation, pest control, tree surgery, de -thatching, plant replacements, renovation, and clean-up of drainage facilities. It is the intent to schedule maintenance to keep -this site in a state of healthy vigorous growth. Irrigation maintenance shall include inspections, operation of the systems, adjustments, repairs, modifications, improvements, testing, analysis, and other work as needed. The Contractor will submit a Maintenance Schedule which includes, but is not limited to: minor tree pruning, aeration, thatching; insecticidestherbicide application, and application of all fertilization of trees, shrubs, ground cover and turf'bi annually. TREES A. General Tree Maintenance The Contractor shall be responsible for the general tree maintenance in the specific landscape areas including; trimming and pruning, adequate watering, fertilizing, staking, removal of fallen leaves and branches, removing suckers, raising suckers, raising skirts and protection against pests. B. Pruning 1. All trees are included in required trimming operations. The Contractor shall not be responsible for any trimming operations above (12') twelve feet. 2. Topping of trees will not be permitted. All tree trimming operations above twelve (12) feet shall be the responsibility of the City or accomplished through extra work. This will also include stump grinding. 3. Tree pruning shall be performed based on the following categories with the intent of developing structurally sound trees symmetrical in appearance with the proper vertical and horizontal clearance: All pruning and trimming operations shall be in accordance with ISA Standards. a. All trees shall be trimmed, shaped and thinned at least once per year. b. All dead and damaged branches and limbs shall be removed at the point of breaking at the time breakage occurs. c. All trees shall be trimmed and shaped to provide a symmetrical appearance typical of the species. d. All suckers and sprouts shall be cut flush with the trunk or limbs. e. All structural weaknesses such as split crotch or limbs, or severe damage shallbe reported to City Representative. f. Prune trees along sidewalks to allow eight (8) foot clearance for pedestrians and twelve (12) feet above curb, gutters and streets for vehicular traffic. g, Signs/lights shall be kept clear at all times. h. Under no circumstances will stripping of tower branches be permitted. Lower branches shall be retained in a "tippedback" or pinched condition. 4. Special emphasis shall be placed upon public safety during pruning operations, particularly when adjacent to roadways. 5. All trimmings and debris shall be removed and disposed of off site at the end of each work day. C. Fertilization 1. Ailing or stunted trees, which fail to meet expected growth, will receive additional treatments to correct deficiencies. 2. Contractor shall be responsible for applying all insecticides/fungicides to, prevent or control diseases. D. Staking and Tving 1. Trees that shall be staked fall into these categories (at contractor's expense): a. Replacement of missing or damaged stakes where the tree diameter is less than three inches. b. In those cases where tree has been damaged and requires staking for support. c. For new trees or recently planted trees that have not previously been staked. 2. Contractor shall use"VIT" twist' brace ties and/or cinch ties (4 cinch ties per tree). 3. Ties shall be placed and checked regularly to avoid girdling and damage to trees and so that no chaffing of the bark occurs. 4. Contractor shall use scaffold staking where applicable. 5. New and replacement ties and stakes shall be the responsibility of the Contractor at no additional cost to the City. E. Tree Removal All dead trees or trees which are downed by either natural or unnatural causes, shall be removed and disposed of off-site by the Contractor. All stumps shall be ground to 12" below grade with wood chips raked level to fill hole. Trees which have died due to mistake or negligence of the contractor will be replaced at the contractor's expense. All other dead or unhealthy trees will be replaced upon written approval of the City. In this case the contractor shall provide labor and the approved tree. The City will reimburse the contractor for the plant material only full compensation for all direct and indirect costs incurred for work performed used to remove other dead or unhealthy trees shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefore. SHRUB GROUNDCOVER and VINE MAINTENANCE All planters; shrub and ground cover areas shall be kept weed free at all times by chemical and/or mechanical means. All pesticides are to be applied by a licensed pest control operator. Contractor shall use only weed control products recommended by a Licensed Pest Control Advisor (PCA). Any and all litter will not be allowed to accumulate and shall be removed on a weekly basis or as requested by City Staff. All clippings can be disposed of at the City Maintenance yard, All shrubs, vines and ground covers shall be fertilized four (4) times yearly at the rate of 2 Ib. N/1000 sq. ft. NOTE: Fertilizer shall be equal to or the same as the following: Best "Turf Supreme" 16-6-8, SHRUB MAINTENANCE A. Pruning 1. Shrubs shall be pruned as required for safety, removal of broken and diseased branches; general containment and appearance and to allow for optimal irrigation coverage. 2, Keep shrubs pruned back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures. 3. All shrubbery shall be pruned, trimmed, thinned, and suckers removed to properly contain their size with respect to species, size of planters and the best health of the plant and/or as described in the frequency schedule. Restrict growth area to behind curbs and sidewalks, to top of walls and fences, and a minimum of two feet (2) from all private residences where applicable, 4. Prune shrubs to retain as much of the natural informal appearances as possible, consistent with intended use. 5. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance. 6. Remove any spent blossoms or dead flower stalks as required to present a neat appearance. 7. Shrubs and mounding shall not exceed 2 feet in height within areas required for vehicle sight distance depending upon roadway topography. B. Pruning Schedule Shrubs shall be pruned and trimmed as needed or as requested by the City Representative. Shrubs shall be pruned and trimmed using sound horticultural techniques. Shrubs shall be maintained within the limits of confined areas (i,e., narrow medians, walkways, etc.) so as not to encroach on same. In addition, all shrubs shall be trimmed to maintain horizontal clearance along all walkways and trails to prevent encroachment onto private property and to remove dead, damaged or diseased plant material, C. Shrubbery Replacement The Contractor shall be responsible for the complete removal and replacement of shrubbery lost due to the contractor's.faulty maintenance or negligence, as determined by City Representative. All other dead or unhealthy plants whether natural or unnatural causes will be replaced upon written approval of the City. in this case the contractor shall provide labor and the approved plant. The City will reimburse for the plant material only. Replacement of shrubs will be in accordance with the City of Lake Elsinore Standard Plans. D. Fertilization Contractor shall use a balanced fertilizer in shrub areas as requested in the frequency schedule or as directed by City maintenance staff. E. Cultivation and Mulching The Contractor shall cultivate around shrub areas and tree wells sufficiently and often enough to maintain a weed free environment and maintain existing irrigation and drainage ditches. Mulch is also required to be applied in all open dirt areas and/or around trees as required by the landscape inspector (mulch will be supplied or paid for by the City). F. Irrigation (Deep Soaking) Deep Soaking shall be defined as the application of sufficient quantities of water to maintain reasonable health vigor of plants. Basin modifications maybe required. Quantities of water shall be sufficient to allow for deep water penetration and encouragement of deep rooting of the plants. VINES A. General 1, Vines and espalier plants shall be checked and retied as required. Secure vines with appropriate ties to promote directional growth on supports. 2. Do not use nails to secure vines on masonry walls. 3. Pruning of vines will be in accordance with good horticulture practices. 4, Vines shall be trimmed as required for safety, disease, general containment, appearance or as directed by City Representative. GROUND COVER A. General Trim ground cover adjacent to walks, walls and/or fences as required for general containment to present a neat; clean appearance. 2. Cultivate and/or spray approved herbicide to remove broad -leafed and grass weeds as required. Remove weeds by chemical or mechanical means as approved by City Representative. 3. Prevent soil compaction by cultivating regularly all ground cover areas. 4. ` Every effort shall be made to remove litter from all areas on a regular basis and not less than once per week. 5: Keep ground cover trimmed back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures, Do not allow ground cover to grow up the trunk of trees, into shrubs, on structures or walls unless directed by City Representative. Keep trimmed back approximately 4 inches from structure or walls. 6. Bare soil area shall be cultivated a minimum of once per month and/or mulched as directed by City Representative (mulch will be supplied or paid for by the City). PLANT ADDITIONS AND/OR REPLACEMENTS As part of this agreement, the Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, ground cover, or flowers. Such work will be paid for as extra work by the City unless otherwise specified within these specifications. Exceptions will be replacements due to Contractor's neglect. This will be determined by City Representative. GUARANTEE AND/OR REPLACEMENT POLICY All new plant material and irrigation installation shall be guaranteed for a period of one calendar year except due to "Acts of God; "i.e., damage or death of plant material due to wind or storm, or vandalism, theft, or other willful acts over which the maintenance contractor has no control'. Existing plants shall be replaced by Contractor if they die due to Contractor's negligence at contractors expense. TURFGRASS A. General 1. Watering: A regular, deep watering program shall be accomplished to give the best results. The established turf should not be kept moist but should dry out somewhat between watering. Allow turf to dry out before mowing. 2. Aeration: Mechanically aerate all turf areas as required or as directed by City Representative to reduce compaction/stress conditions, which will offer greater water penetration and reduce runoff. In those areas when soil condition is poor; top dress may be required by City Staff. When top dressing is required, the Contractor shall submit a request for extra work which must be approved by City Representative before work is scheduled. Use a plug aerator with '% inch tines. Any areas that show excessive compaction shall receive additional treatment as required to alleviate this condition. Remove sod plugs. The scheduling of aeration will be recorded on the Maintenance Schedule and shall be performed as needed or as requested by a City representative. 3.- Mowing: All turf areas shall be mowed on a minimum of a weekly basis (Mar -Oct) and during cool season shall be done biweekly (Nov. -Feb.). Minimum height of turf is be two and one half inches (2 %2') for Fescue and one and one half inches (1 ''/') for Bermuda. Avoid removing more than one-third of the leaf area blade at any one time. All clippings shall either be caught or vacuumed from turf areas, Clippings can be disposed of at the City Maintenance yard. Care shall be exercised during the mowing operation to prevent damage to trees and other obstacles located within the turf areas such as electrical boxes or fixtures. Do not mow areas that are wet. Alternate mowing patterns shall be used whenever possible to prevent wheel ruts in turf areas, if ruts are made, contractor will make repairs at his or her own expense. 4. Trimming and Edging: Trim around walls, buildings, curbs, sidewalks, header, boards, valve boxes, quick couplers, and paved areas on a weekly basis to present a neat, clean appearance. Chemically edge (tree well) around trees within an 18" radius from the trunk using care not to damage tree, tree trunk or roots. At no time will chemical edging be allowed on anything other than tree wells unless directed otherwise in writing by a City Representative. 5. Refurbishment of Turf grass: Turf areas that thin out due to contractor's negligence wilt: be reseeded with an approved grass seed to restore thinning areas. Coordinate with City Representative. This will not be considered extra work. in the winter months the City Representative may require sod. 6. Weed Controls Contractor shall maintain a weed free turf at all times by either chemical and/or mechanical means. Pre -emergent herbicide application shall be required to control crabgrass in all turf areas, The Contractor shall be especially careful if applying chemicals to control weeds because of possible damage to the turf. Before such applications are made the turf should be well established and in a vigorous growth condition. All chemicals applied will be recorded and coordinated with City Representative. 7. String Trimmers: Care shall be exercised with regard to the use of weed eaters to prevent damage to building surface, walls, header board, light; fixtures, signage, etc. No weed eaters shall be used around trees. 8. Fertilizing: Turf shall be fertilized a minimum four (4) times annually, additional application to be applied as directed by the City to maintain deep green color at all times. The rate of each application shall bei Ib. actual N/1000 sq. ft. NOTE: Fertilizer shall be equal to or the same as the following: Best "Turf Supreme' 16-6-8 during spring and summer season and Nitra King 22-3-9 during winter season. City staffto verify product type and quantities prior to application. FERTILIZATION A. Scheduling The application of all fertilizers shall be recorded and specifically identified on the Landscape Maintenance Schedule chart indicating the fertilizer used and frequency applied to (i,e.;turf, trees, shrubs, ground cover, etc.). B. General Fertilizers shall be organic, dry, palletized formulation. Applications shall be in accordance with manufacturer specifications upon approval by City Representative. C. 'Method of Application In making application of fertilizer granules, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader that tends to throw materials onto paved areas. The use of gravity flow spreaders will keep materials contained in planting areas, eliminating sidewalk stains. The Contractor will be responsible for removing all fertilizer stains from concrete caused by his or her application. Fertilizer shall be applied at manufacturer's recommended rate, D. Timing of Application When climatic factors cause problems with the general use of fertilizers, an adjustment of the fertilizers schedule may be necessary. After fertilizer application, monitor watering schedule to eliminate runoff or leaching of fertilizer materials. E. Trees and Shrubs Agriform 21 gram plant tablets shall be applied to trees and shrubs that require supplemental feeding. Annual fall feeding shall be done in accordance with the rate indicated by the manufacture. Place tablets 4 to 6 inches deep at drip zone areas by using a soil probe to make a hole for inserting tablets, water in well. If the above fertilization does not correct iron chlorosis, contractor shall be required to treat trees and/or shrubs with deep root feeding and/or foliar application until the problem is solved. Contractor shall fertilize turf, trees„shrubs, ground cover and other various plant materials at all City locations in this contract. Contractor will be responsible to provide all fertilizer material as part of the bid. Contractor shall purchase and shall apply fertilizer of the City's choosing a minimum of four (4) times annually or as otherwise specified by the City. Applications will be made throughout all City locations included inthis -contract. The contractor must show proof of purchasing by invoice or City approved means. The City does reserve the right to purchase the fertilizer of its choosing, and to receive reimbursement from the contractor. Contractor must provide proper application rate of the City specified fertilizer to turf, trees, shrubs, ground cover and other various plant material within each area. IRRIGATION A. General The controlling factor in the performance of water management within the City landscape maintenance areas is the application of water to landscape plants at a rate that closely matches the actual demands of plant material with little or no runoff. Roadway safety and maintenance is the first and foremost reason why water must be strictly controlled within the City 'Landscape areas. Other important water management considerations Include: safe and dry turf areas for community use, water costs, plant health and water conservation. B. Efficient Use of Water 1, The water schedule will be established and programmed by the Contractors landscape maintenance supervisor and/or Irrigator technician. Sprinkler timing will be based on the amount the planting areas are capable of receiving to restore that which is lost through evapotranspiration without excessive runoff. The irrigation system- schedule shall be monitored and adjusted accordingly to maintain an efficient use of water being applied and to stay within the conservation schedule as determined by the water district. 2. All field satellite controllers shall be adjusted by the Contractor in ,the field to accommodate field conditions as observed. The Contractor shall provide field observation reports to the City. In general, the Contractor shall notify the City in writing of the condition of the landscape area by controller and valve number as assigned by the City. During extreme weather conditions more frequent observations and adjustments may be required. These should be included in the proposal and shall not be. additional cost to the City. Any other information required such as field inventory of sprinkler heads, nozzles and pressure shall be part of the irrigation inspection when requested. 3. Contractor will be expected to use minimal amount of water in all areas, but maintain plant material in a healthy, vigorous condition. 4. Where moisture -sensing devices are used, a continual monitoring will be made to assure units are functioning properly. If a malfunction is noted, the City Representative will be notified. C. Maintenance 1. Contractor will submit to City Representative a hard copy and/or -a digital copy of the irrigation "schedule for each controller. Any program changes -shall be reported in the same manner. 2. Contractor is responsible for all irrigation repairs both major and minor. 3. Contractor shall make minor repairs at their expense under this agreement. Minor repairs shall be defined as repair or replacement, such as broken risers, swing joints, and standard nozzles, which can be repaired easily without the need of 'a specialist. The Contractor shall be responsible for cleaning and adjusting heads and generally keeping the system operational. 4. Contractor shall be responsible for adjusting height of sprinklers and risers as necessary to compensate for growth of plant material. 5. Work performed by the Contractor and paid for as extra work, work will be guaranteed for a period of one year. 6. Automatic controllers will be kept locked at all times. City Representative will have master keys to all controllers. The City shall provide locks for irrigation enclosures. However, it is the contractors ;responsibility to replace locks as needed with a City approved lock. , 7. The irrigation: system will be physically observed a minimum of once per week and as needed, to keep the system operating at an optimum level of efficiency. A record of this observation must be maintained and submitted to the city as requested. Following the inspection any malfunctions of the system shall be made immediately. Failure to provide an observation report, as requested by the first working day of the following week shall result in a $100.00 per occurrence forfeiture from payment. 8.• Particular attention shall be paid to all slope areas that by physical nature provide for greatest potential runoff. 9. Contractor shall turn off all controllers when it unnecessary to irrigate due to adequate rainfall. System shall not be off more than two (2) weeks without allowing operating a minimal time. During these times a physical observation is not required. Failure to turn off the irrigation controllers -shall result in a $100,00 per occurrence forfeiture- from payment. 10. Contractor will adjust or clean as necessary all sprinkler heads, quick couplers, or valves to continue operation at maximum efficiency and performance. 11. Sprinkler heads shall be kept clear of overgrowth, which may obstruct maximum operations. Chemical edging around turf heads will not be permitted. 12. Contractor will avoid manual activation of automatic valves: 13. Contractor shall keep sprinkler heads adjusted at all times at manufacturer's recommended operating pressures. This shall be accomplished by valve throttling and pressure gauging. At all times, the valves should be adjusted as to prevent sprinkler heads from fogging, allowing larger droplets for effective watering. At any time, City Staff may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system. 14. Contractor will be responsible for hand watering any areas not provided with an irrigation system or areas under construction or as directed by a City representative at no additional cost. Contractor shall be responsible :to hand water any areas where equipment is temporarily out of service, for whatever reason. 15. In those areas where a drip/water saver system is used or areas chosen by the City, the Contractor will be required to hose off or wash dust/soot or spider webs off plant materials bi-weekly or more often if required to prevent plant damage. D. Materials 1. All replacement materials shall be of the same manufacturer and type as the original equipment installed, unless City Representative approves a substitute in writing. 2. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation system. 3. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty. 4. Contractor shall provide labor and any and all products necessary for repairs. City will reimburse the Contractor for cost of approved parts replacement only. 5. All materials are to be new and identical to existing materials, unless directed otherwise by the City representative. 6. The City reserves the right to purchase materials directlyand make available to the Contractor. E. Invoicing For invoicing extra work, shall be in accordance with the General Provision Section 3=3 "Extra Work". F. Water Management 1. All systems shall be adjusted weekly and as needed to maintain healthy plant material and water conservation. 2. All program changes shall be recorded on the irrigation schedules 3. Controller program is to be sufficient to maintain a healthy landscape without excessive water use. 4. Controller programs shall incorporate the following conditions: a. Meet City water management requirements per City Code. b. Avoid weekend water when possible c. Maximize repeat operations (where and when possible) to allow for deep watering. d. Minimize station run times. e. Reflect actual evapotranspiration (E.T.) requirements. f. Reflect actual requirements of soil and plants. g. Eliminate runoff onto streets, sidewalks, and other non -target areas. h. Provide sufficient time for soil to dry out between irrigations. I. Maximize community use of City property. 5. In determining rates of application, soil type, topography, and weather condition will be taken into consideration. The project is equipped with an automatic rsystem that provides for repeat cycles, applying 'water over shorter periods of time that will allow for proper infiltration and thereby minimizing runoff. G. Personnel 1.The Contractor shall provide personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustments, and repairs; in all types of components to include irrigation controllers, valves, moisture sensing devices, and sprinkler heads; and with all brands and models of irrigation equipment used within the City. 2. The Contractor shall provide personnel knowledgeable of, and proficient in; current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies, 3. The Contractor shall provide personnel capable of verbal and written communication in a professional level as appropriate to communicate with City personnel. WEED MAINTENANCE 1. Weeds must be removed upon appearance. Selective post emergence Herbicides shall be used to kill weeds without permanent injury to other plants. Do not proceed with a treatment except as recommended by a Pest Control Advisor in writing with a copy forwarded to City Staff prior to treatment. a. All creeping grasses shall be kept out of shrubs and groundcovers. b. Broadleaf weeds in turf shall be removed selectively, without injury to the lawn grass other than slight, temporary discoloration. c. Grass weeds in lawns shall be controlled with selective post -emergence herbicides. 2. Weeds not killed with herbicides shall be removed manually. Turf and other desirable plants killed by weeds, chemicals, etc., shall be replaced at the Contractor's expense. All replacements must be made within 7 days after receiving notice from the City. MAINTENANCE OF PAVED SURFACES EMPTY LOTS and HARDSCAPES A. All hardscapes such as, but not limited to; parking lots, sidewalks, curb expansion joints, gutters and walls adjacent to City landscapes, shall be kept clear of dirt, mud, trash, weeds and any other substances which are either unsightly or unsafe. B. Landscape areas adjacent to empty lots shall have a 4-5 foot "buffer zone" separating the landscape from the weeds or vegetation on empty lots. "Buffer zone" shall be done either chemically or mechanically and/or as directed by the City Representative. DRAINAGE FACILITIES A. The Contractor rahall be responsible for continual inspection of surface drains, V ditches, located within the landscaped areas, Surface drains shall be checked and maintained free of obstruction, trash and debris > at all times to: assure proper drainage. Remove any trash, debris, dirt or vegetation that might accumulate at the inlet to prevent proper flow of water. All concrete "V" drains to include the portion under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow. B. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to City Staff immediately CLEAN UP A. At no time will it be allowed to blow grass cuttings/debris into public streets or gutters without being swept or vacuumed cleaned. B. Contractor shall remove all debris resulting from the maintenance operations and dispose of it off-site at the City Maintenance Trash Yard located at 521 North Langstaff St. at the time of occurrence. C. All grass clippings shall be picked up after each mowing or trimming operation. Use of mulching mowers must be approved by the City. If the use of mulching mower is approved, all visible clippings must be removed in accordance with this specification. D. All debris resulting from any of the Contractor's operations shall be removed and disposed of end of the work day. (Failure to remove and dispose of debris shall result in $100.00 forfeiture from payment). All debris must be separated into green waste, recyclables, and other waste to minimize contamination and be disposed of in the appropriate locations (Failure to separate and dispose of debris appropriately shall result in $100.00 forfeiture from payment). E. All walkways/sidewalks will be kept clean/clear or debris and plant growth. Care shall be taken not to create unnecessary hazards to foot or wheelchair traffic during maintenance operations. F. All shrub areas not interplanted with ground., cover will be raked clean a minimum of once a week or as directed by the City Representative, G. The Contractor" shall provide a 'general clean-up operation throughout the contracted area on a weekly basis with the exception of Downtown Main St which will require service seven (7) days a week including holidays for the purpose of picking up papers, trash, broken tree branches, or other debris which may accumulate in the landscape areas, caused by winds or normal conditions. Failure to remove and dispose of debris shall result in $100.00 forfeiture from payment. H. All leaves, paper, and debris shall be removed from landscaped areas and disposed of off site weekly or as determined by the City Representative. 1. Trash cans provided by City shall be emptied daily and liners must be replaced daily at time of service. Contractor shall provide plastic liners for all trashcans at Contractor's expense. Liner size shall be appropriate for each container so as to not fall into container when loaded with trash. Liner thickness shall be no less than 1.5 mil or 16 mic. Trash can lids shall be wiped cleaned at least once a week or as directed by theCityRepresentative. DRESS CODE AND APPEARANCE All Contractors' personnel shall be required to wear uniforms bearing the company name and the individual's name while on the project. Sufficient changes shall be provided to present a neat and clean appearance of personnel at all times. Contractor vehicles must be bearing the company name and must have a professional appearance and must be in good working conditions EXTRA WORK In the event the Contractor is required by the City to perform extra work, the following procedure shall govern such work: A. Work will be executed under the direction of the City Representative on a time and materials basis or an agreed lump sum price depending on the nature of the work. B. When required by the City Representative or maintenance supervisor, a written estimate of cost will be submitted for approval and issuance of a purchase order prior to work being done. The Contractor shall maintain records sufficient to distinguish the direct cost of other operations. He or she shall furnish reports of extra work on forms furnished by the contractor, itemizing all costs for labor, materials, and equipment. Thereportshall include hours worked. C. The following procedure will govern such extra work: a. City will issue a written request for such extra work that is to be performed. b. Material cost shall be actual cost of materials purchased by the Contractor and -used for the extra work. Contractor to provide City ,receipts for all material purchased for extra work. All material paid for by the City but not utilized by the contractor in the ,extra work shall become the property of the City unless the: contractor reimburses the City for the material not incorporated. c. Extra work must be approved by City Representative in writing. d. Invoices for extra work must have the approved written request/work order form attached when submitting invoices for payment and support documentation in Section 3-3. PROJECT /SITE INSPECTION Upon request, the Contractor or his or her representatives will walk the project with the City Representatives for the purpose of determining compliance with the specifications or to discuss required work. Contractor representatives must be authorized to sign documents that effect changes to job. GENERAL TRASH AND LITTER MAINTENANCE: A. General (applies to all landscape areas). a. All animal feces or other materials detrimental to human health shall be removed from the general areas in a weekly basis. b. All broken glass and sharp objects shall be removed whenever service is provided or per request. c. All paper and debris shall be removed from the service area and disposed of at the City's Maintenance yard located at 521 North Langstaff St. d, Trashcans provided by the City shall be emptied whenever service, is provided and washed (when requested by the City Inspector). Contractor shall provide at minimum 37"X46" 16 micron plastic liners for all trash cans at the contractor's expense. All lids must be wiped clean at time of services oras requested by City Staff. B. Main St (downtown area) shall require daily service. Service shall require but is not limited to once daily removal of any trash, debris, leaves or branches. SAFETY Contractor shall be responsible for providing a safe work' place, and compliance with standards and regulations of the California Occupational Safety and Health Act (Cal OSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (COTS), and any other applicable government law or City Risk Management standards. LEVEL OF MAINTENANCE A. All work shall be performed to the highest standards set forth by the City of Lake Elsinore, so as to maintain an aesthetic appearance acceptable to the City, B. The contractor shall provide a foreperson and maintenance crew at the sites weekly during normal working hours as determined by the City. All of the contractor's maintenance personnel shall be supervised by a qualified foreperson capable of effectively communicating with City personnel C, The contractor, ,or his or her representative, shall meet with the Public Works Superintendent or his or her representative on a weekly basis and at such other times as may be required by the City to review the performance of the agreement and to discuss any problems or matters as determined by the City. DEFICIENT PERFORMANCE If, in the judgment of the City, the level of maintenance is not acceptable, the Cityshall issue a deficiency notice to the contractor, informing the contractor of the unacceptable condition. All performance shall be subject to inspection and approval by the City Representative; If performance is unsatisfactory, or is not performed, a deduction shall be applied to the Contractor's billing in accordance with the deduction schedule listed below. A City performance deficiency written notification shall be used whenever deductions are applied. The contractor is required to correct deficiencies within the time specified by the City. LIQUIDATED DAMAGES Failure of contractor to perform the services within the time allowed will result in damages being sustained by the City, From the nature of the services to be performed, itis impractical and extremely difficult to fix the actual damages, if any, that City may incur as a result of contractor's failure to perform the :following obligations within the stated time period after receiving notice of the deficiency from the City: A. Major irrigation problems within eight (8) hours; B. Other irrigation problems within twenty-four (24) hours (including controller program adjustments, reports and schedules). C. Re -staking of trees within twenty-four (24) hours. D. Failure to remove and dispose of debris generated by regular maintenance operations, with twenty-four (24) hours. E. Failure to remove and dispose of debris including tumbleweeds from wind or normal litter accumulation, within twenty-four (24) hours. F. Failure to provide weekly irrigation observation report, within twenty-four (24) hours of the first working day of the following week. G. Failure to submit a monthly water meter report with twenty-four (24) hours of the first working day of the month. H. All other deficiencies within forty-eight (48) hours. For each failure to perform the foregoing obligations within the time specified after receiving notice, the contractor shall pay the City, or have withheld from monies due, the sum of One Hundred Dollars ($100) per day, per occurrence. For each failure of an employee to wear a uniform or a safety vest per occurrence to perform the foregoing obligations within the time specked after receiving notice, the contractor shall pay the City, or have withheld from monies due, the sum of One Hundred Dollars ($100) per day, per occurrence. Execution of this Agreement shall constitute agreement by the City and the contractor that $100 per day, per occurrence is the minimum value of all costs and actual damages caused by the failure of Contractor to comply with the foregoing obligations. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the contractor. EXHIBIT "B" SCHEDULE OF CHARGES (INSERT) Page 43 of 47 Chris Erickson From: Jason Alfaro Oason@excellandscape.coml Sent: Friday, June 28, 2013 9:36 PM To: Chris Erickson Subject: Fwd: Lake Elsinore bid Attachments: LakeElsinorelstBid.pdf Here is the site breakdown, this does not include grahm. we will add grahm mowing at $550.a month. --------- Forwarded message ------- From: Marty Fox <maiby�exeellandseape.cgM> Date: Thu, Jun 27, 2013 at 9:42 AM Subject: Lake Elsinore bid To: Jose Alfaro <joe(u7exeellandscane.com>, Jason Alfaro <jason@ xeellandscape.com> Marty Fox Excel Landscape 800-734-9650 1. Thank you, Jason Alfaro Excel Landscape 710 Rimpau Ave. #108 Corona CA 92879 1(800)734-9650 Www excellQdc !W com 7!112013 Page 46 of 47 CITY OF LAKE ELSINORE BIDDER'S PROPOSAL - BID SCHEDULE PROJECT NO. LLMD ANNUAL STREETSCAPE MAINTENANCE PROGRAM FY 13 BIDDER: Excel Landscape Inc. (Contractor Name) E3ASC; fiI'D- ITEMS AS F ULwvaS` MONTHLY ANNUAL ITEM . CODE DESCRIPTION OF ITEMS ESTIMATED QUANTITY PRICE (FIGURES) COST (FIGURES) NO Area A- Grand Ave at Machado St 5,212 S.F $200.00 $2400.00 1 AriviadisonSf at Taylor Cf eae- 8,158 S.F $200.00 $2400A0 2 Area B - Garfield St at Cleveland Ct 5,056 S.F $ 50.00 $ 600.00 3 Area C:-- Lincoln St at Machado St 6,984 S•F $150.00 $1800.00 4 Area D -Terra Cotta Rd 6,612 S•F $100.00 $1200.00 5 ? Area E - Serenity (Corydon St at 6,696 S F $100.00 $1200.00 Palomar Summerhill Dr Medians - Canyon 9,100 S.F $100.00 $1200.00 7 Estates pr to,- on Rid e Dr Summerhill Dr -Parkway 91,675 S•F $400.00 $4800.00 6 9 Summerhill Dr -Slopes 83,542. S•F $400.00 $4800.00 2,626 ` S.F $ 50.00 $ 600,-00 10 Area G - Machado St at Lincoln St ' 11 Area G - Machado St at Monterey St2,592 S.F $ 50.00 $ 600.00 12 ' A�aa H - Orange Grove Way 9,338 'S.� , $300.00 $.36UO.b0 13 Area JA -Lake St 5,977 S;F $150A0 $1800:00 14 Median Island at In n out 234 S.F $ 50.00 $ 000.00 15 Grand Ave at Lincoln St Slopes 156,580 S.F $600.00 $7200.00 16 Grand Ave at Lincoln St Streetscapes 213,225 S.f ` $1000.00 $12000.00 17 Grand Ave at Line in SfMonuments 1,200 S.F 200.00 $2400.00 g 1 Channel Sidewalk at Grand Ave 5,2121. 5.F $ 50.00 $ 600.00 f9 Lincoln St- Grand to ShPreciiff 90,458 S.F $40000 $4800.00 20 Lincoln St -- West of Shorecliff 72,910 S.F $800.00 $9600.00 21 Lincoln St - Grand to Terra Cotta 2,075 S.F $ 50.00 $ 600 00 22 McVicker Canyoh Eire station 83,575 S.P $4opAp $4800.00 -30,G40 23 Lakeshore Dr S.F $400.00 $4800.00 12-A Page 44 of 47 TEM ITEM CODE DESCRIPTION OF ITEMS ESTIMATED ESTIMATED TY MONTHLY PRICE (FIGURES) ANNUAL COST (FIGURES) 24 Inco Homes City Entrance 2,266 S.F $200.00 $2400.00 _$, �800000 25 Railroad Canyon Medians 137,000 S.F $1500.00 26 Grape St Medians and slope 12,226 S.F $200.00 $2400.00 27 Canyon Estates Slopes 154,000 S.F $950.00 $11400,00 28 Canyon EstatesTurt 5,117 S.F $200.00 $2400.00 29 Linear Park on Canyon Estates Dr 23,609 S.F $500.00 $6000.00 30 Mission Trail Medians 3007 S.F $100.00 $1200.00 31 ivinhaga Road Madiyis 18,3Q8 S.F, $300.00 $3600.00 _$3600 32 Railroad Canyon Fire station 10,459 S.F $300.00 00 33 Main Street Downtown 7,637: S.F $300.00 $3600.00 34 Peck St parking lot 934 SY $ 50.00 $ 600.00 35 Sulphur St parking lot '1,4.5'3 S.F $ 50.00 $ 600.00 36 Main Street Turf 13,76Q S.F $300:00 $3600.00 37 Main St and Lakeshore Dr 2,278 • S.F 100.00 $1200.00 38 '. Chamber Building 5,168 S.F $250.00 $3000.00 39 Community Center 3,767 S.F -'§ 250.00 $3000.00 40 PlanetYauth Building 13,155 F $150.00 $1800.00 41 Pae St. Parking Lot 10,862 S.F $100.00 $1200.00 42 Morrison Homes at Hwy 74` 2,476, S:F $100.00 $1200.00 43 Splash -Grand Avenue and Shoreline Dr 5,585 S.F $200.00 $2400.04 44 Reflections - Grand Ave at Ontario vyy 5,674 Is.F $200.00 $2400.00 45 - Zone 3 Irwin St at Davies St 5,4QQ. 5.F $450.00 $5400.00 4'6 Zone 20 Via De La Valle29,005 S.F $300:00 $3600.00 47 Zone 8 Lakeshore Condos 1,440 S.F $1D0:00' $1200. 0 rt 48 Lantemhill Ln 4,303 S.F $100.00 $1200.00 49 Princa Stand Amcrose 5t 22,103 S.F $100,00 $1200.00 5� Machado St at Lilly Ln 8,500 S.F $175.00 $2100.00 'N/A 51 Annual Color W' Container) $ 1.50 52 Annual Color (Flat) $ 22.00 N/A_ 53 GroundCover(Flaf) $ 18'.00 NIA 54 ' Plants (1 Gallon} ffj $ 8.00 WA' 55 56 57 Plants (5 Gallon) _ Tree (15 Gallon) 24" Box Tree $ 18.00 $ 85.00 $220.00 NIA N/A N/A TOTAL BASE BID ITEMS BASED ON ESTIMATED QUAN'T'ITIES OF ITEMS 1 TIIROUGS 157. $164,700.00 12-A Page 45 of 47 SCHEDULE OF CHARGES (INSERT) EXHIBIT "C" CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California Executed on this __ day of , 200 at California, Contractor e Page 47 of 47 '" 1 ® A� Ra CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) - 8/2/2013 _ 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 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 liou of such endorsements). PRODUCER Landscape Contractors (Lic#0755906) Insurance Services, Inc. N. Fine Avenue CA_ 93727 NA2EnCT Elizabeth Ngo, CISR u FAX ,($59)650-3556 PHONE (559}65D-3556 E-MAIL_ engo@lciainc. Com ADDR1835 SI AFFORDING COVERAGE NAIC9 _ __INSURER( INSoRERA:ARCH Insurance Company ..� _11150 LIMITS _Fresno _ INSURED Excel Landscape, Inc. 710 Rimpau Ave #108 Corona CA 92879 INSURER B__— . INSURER C. POLICY NUMBER INSURER D: MID NYYY INSURER F: oncvc CCATICIRATENUMRPRQ3/14 Pka & Auto 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. ILTR ATD bUBR POLICYEFF POLICY EXP LIMITS TYPE OF INSURANCE POLICY NUMBER hVOD YY MID NYYY GENERAL LIABILITY EACH OCCURRENCE $1,000,000 —AFAAGE I QTr THff $ 100,00 0 X COMMERCIAL GENERAL LIABILITY PREWSG_SA o=u enrx MEO EXP(Any end Person) $ 5,000 A CLAIMS -MADE OXOCCUR CPKG0199102 8/1/2013 8/1/2014 PERSONAL. a ADV INJURY $ 11000,000 GENERAL AGGREGATE $_ 21_000_,000 X I_S1T000 Pd Ded PROOIICI'S - CONPALAGG $ 2.,000,000 RENL ACGREGAIiti LIMN' APPLIES PER $ X POLICY PIrcl RO LOU COtADItinU SINGLE, LIMir 1,000,000 AUTOMOBILE LIABILITYJ[P,acc-bnnn $ BODILY INJURY (Per Parson) $ X ANY AUTO ALL OWNED J SCHEDULED CPRG0199102 8/1/2013 0/1/2014 BODILY INJURY (Per dcoddnU $ AUTOS AUTOS NON OWNED PI401'L."7iIY 6,NAAGE 8 X - X HIRED AUTOS AUTOS - Umrrs,,.dmmeriMluHmsed $ 1 000,000 X UMBRELLA LIAR X OCCUR OCCURRENCE $ 2,000,000 A EXCESS LIAR CLAIMS -MADE ICIMAB0019002 AGGREGATE _ $_ .___2,000,000 NV /1/2013 8/1/2014 $ D TENTION$ OERE WORKERS COMPENSATION WC STArU- UIH, TORYLIMtTB___._EEi.. AND EMPLOYERS' LIABILITY YIN . ANY PROPRIFTORIPARTNERIEXECUTIVE❑ E.L EACtf ACCIDENT — --------__-- $ -_— OFFICERIMEMBER EXCLUDFD9 (Mentlatory In NNI NIA E L OISEASF EA EMPLOYE 8 II yes, describe under DESCRIPTION OF OPERATIONS halon E.L. DISEASE POLICY LIMIT $_ DESCRIPTION OF OPERATIONS (LOCATIONS I VEHICLES (Attach ACORD 101, Addltlonal RemaWa Schodulo, If more apace Is required) RE: All landscape operations performed by or on behalf of the named insured. Primary Insurance/Non Contributory Blanket Additional insured per attached OOGLO434000108 & CC2404 & CA20480299 The City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), its officers, employees and a e 'u .«7? fessional Liability) are named as additional insured City of Lake El&WrCLERK'S OFFICE 130 S. Main Street Lake Elsinore, CA 92330 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE Ngo, CISR/ACONBE D ACORD CORPORATION. All richts INS026 (2oiom)ol The ACORD name and logo are registered marks of ACORD CAt.CLH(V-Ul RGGG CERTIFICATE OF LIABILITY INSURANCE DAT8/112013 13 671!2 -- -_ 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 EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must 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 PRODUCER License # 0252636 Guardian Risk & Insurance Services P.O. Box 65127 Riverside, CA 92517 f@6Ye39J Excel Landscape, Inc, 710 Rimpau Ave., #108 Corona, CA 92881 y 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 5UBRI IITRi MMIOIOFNYY MMIODNYYY LIMITS TYPE OFINSURANCE 1tlSL POLICY NUMBER GENERALLIABILITY EACH OCCURRENCE $ DAMACr TURENTEt1 COMMERCIAL GENERAL LjjIABILITY tRRil$CS,(Ea oranrenco) . _$ _.. _ CLAIMS MADE �E OCCUR MED EXP (Any one person) $ PERSONAL& AOV INJURY $ _ GENERAL AGGREGATE S GEN LAGGREGATE IIMI I APPLIES PER: PRODUCTS COMPIOP AGG $ RO ) PFCT $ POLICY LOC COMBINED SINGLE IAMD AUTOMOBILE LIABILITY (Ca Cccuim'It), 8 .................. .... _.. BOOR Y INJURY (Per Person) $ ANY AUTO ALL OWNED SCHEDULED ' BODILY INJURY(Peracdldent) $ AUTOS -' AUTOOWfdED NON -{i ( PROi ERIY DAMAGI HIRED AUTOS AUTOS _ if ,}$ $ — - _ I UMBRELLA LIAe —FOCCUR j EACH OCCURRENCE $ _ EXCESS LIAR CLAIMS -MADE AGGREGATE S $ OFO LJ RETENTIONS WORKERS COMPENSATION W^STAN OTH- X A ANOEIAPLOYERS'LlpeiLlTV ANY PROPRIETORIPARTNERT--XECUTIVE YIN INIA 411/2013 4/1/2014 TORY Ljm-LTS" EL FAUI_C_IOCNT _ $ 1,000,00 OFFICERIMEMBER EXCLUDE04 I 1 133000b8572131 LL DISEASE - LA EMPIGYE_Lj 1,000,00 (Mandatory In NMI _$ If yes, describe under EL. DISEASE^POLLEN LIpOT S 1,BBgigQ DESCRIPTION OF OPERATIONS below DESCRIPTION OFOPERAVONSILOCATIONDIVEHICLES (Attach ACORD 101, Additional Remark. Schedulo, u mora apace is requimd) RE: All California Landscape Operations of the Named Insured. City of Lake Elsinore Attn: City Manager 130 S. Main Street 92330 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED PROTECTION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. SECTION II - WHO IS AN INSURED is amended to include as an insured any organization or person required to be named as an additional insured pursuant to a written contract or agreement. The insurance provided by this endorsement is subject to the following: a. This insurance does not apply to any person or organization not specifically approved by us as an additional insured. b. Any insurance afforded an additional insured under this endorsement shall not begin before the date that the person or organization is approved by us as an additional insured. c. ,The Limits of Insurance under this insurance, which are listed in the Declarations of this policy, shall not be increased, regardless of the number of additional insureds, or the limits specified in the contract or agreement. d. Any coverage that is not provided under an additional insured's liability insurance policy for your acts, errors, or omissions is also not provided under this insurance. e. With respects to the additional insured, this insurance does not apply to: 1. "Property Damage" to "your product" arising out of it or any part of it. 2. "Property Damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". 3. Liability for "Property Damage" or "Bodily Injury" for acts, errors, omissions of an additional insured. f. If required under written contract, this insurance will apply to an additional insured as primary insurance and other insurance which may be available to such additional insured shall apply on an excess basis. g. If required by a written contract, we waive our right to recovery against any additional insured because of payments we make for injury or damage arising out of :your ongoing operations, or "your work" done under a contract with that additional insured and included in the "products completed operations hazard". All other terms and conditions of this Policy remain unchanged. Endorsement Number: N/A Policy Number: LCPKGO199102 Named Insured: Excel Landscape, Inc. This endorsement is effective on the inception date of this policy unless otherwise stated herein. Endorsement Effective Date: 08/01/2013 00 GL0434 00 01 08 Includes copyrighted material of Insurance Services Office, Inc Page 1 of 1 .with its permission POLICY NUMBER: LCPKGO199102 COMMERCIAL GENERAL LIABILITY Excel Landscape, Inc. CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), its officers, employees and agents (Excluding Professional Liability) With respects to work performed @ All landscape operations performed by or on behalf of the named insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work' done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 :� N �: 7 w to cp r1) O W �T7:E!- - ;-ZEio �: 0 �;= C. —� -1 :;�; M< :>; :5;iz Znzll .:� � �9 n.>L4 —RIC: 1 -� -00 , . . � ; . . 0�-.K.1.1 = -1 � � R�C. x � >i > � +,n,a� ; !0TK : :o —. . .. ; ; I . . � . , , n - �q m,a i .C-iz;� z ,� * .,;,; a !� . : " I>: =!ui!_, �.>!>l I .=�'..'�i- m.w! :z �I . . :� --;�A ! z l I I . �.; :�� . �5 .E . . . 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T . . . . . � . . . L . : : � ; ; . 7 . : : 9 i ; � w � T i : " , , . �: ! 1 i : w 7 - a '! , : � 1 i i i I . ; N ; ; ; N ; � � I I I . i - i - i i ; : . ! - ; 1 ; ! : : f . I . . . : : � 1 E ! 1 - - � i ! 7 : I I N . . ! : � : I : 7 1 I . � . . . z . . : ; ; ; . . . . . . : . : ; : . i : : . . . . . . ; ; ; 7 ; ; � : � : ; ; : � . I . . E : : : , : ; : ; ; i i 7 : z : , : " , i , a' , , . . . . . . ; ; � . � : : : . . : a z ; ; a ; . . . . . . I . . : 2 � . ; I : 2 t ; j ; ; ; I . . . . . . . � ; a a ; ; a � a . � 7 . . . . . . . I I . . . i ; ; ; E i : 9 : ; : m ; : ; ; j ; � : t : . . r r � . : ; ; ; � a z I r 2 : a a � : r i ; o N . ; ; I ; I j . ; I ; . ; � 2 . ; I - I I . - . I - I . ; . ; . : . 1 , : . � . ; . ; � ; I . . . , , � . � . . 1 . : : I . , � ; . r : : : : i ; N � . I . I . . . . . . ; � L . i E i i : : . . � . s a r . . . . . . . . M ; . . : : : : : ; ; r ; ; . z : . . . . . - : � 7 ; ; : 7 7 : : : z : 4 � : � : : t � . ; . � . . . . . . � . . ; ; ; 7 . I . . : ; ; � i � � s : : , i - : � . . . . T i 1 : * : ; ; ; ; 7 ; ; 7 j - 4 : % s ; . ; a � ; ; ; ; ; ; ; . � - ; . . ; m . . � . . . . . . . ; ! � a: ! ; ; t ; ; ; L � ; I . . I . . . . r ! ! ! ! : : . . . . r , . ; z . I . . . � . . . . . ; . . I i E 1 . ; . ; ; ; 1 ! � - � 1 . . . . r a M : ; ; i 2 ; ; j E E ! 1i . . I . i ! i � & ; : ; t- I . . . : : : - - - r ; ; 7 7 a i : : A - : . - - i 1 1 i , i ; � . . . . ; . - . . . � . . j E r I I . . . � . i . � : w * t ; ; i � . . . � . . ; i r i . . . . . � ; ; ; t , � . . . : i ; z � ; 1 ! I i ! : � ; - : . � : ; ! : - ; . r . . . ; ; I : , : z - ; ; , 1 1 ! . � ! : � : : , 1 , , 2 . ! . i ; : , i � 2 E . . . 1 . ; I I ; t � : � a - . . : : ; ; ; ; I : 7 : z . . . ; ; N o � . ; . � . . . . . a . . . � � I . . . , , � , , ; , . w , i ! ! i 7 : : , : T ; ; , ; ; ; . . . . � . . . ! . , : . " , ; ; , . i i . ii : . : , I - i � " I 1 I i i I � F I ; I i i i : 1 � 4 : : . I 1 i 1 i i t : � . - . . . : a z - ; ; ; i 2 . � . . . i M ! , i � o I ; . j . . . . ;�. , ; .- ! L 1 : , � ; I I I : � :C. . I . . . . . I i � � c r F : i i ;1� -! i ! ! ! ! 0 a . a ; . P: !P ; b . . . � i t : . . . ; X :0.� - !, i - � . 1 . P 0 . i ; i iW I I :1 0 - - 1 � : : iO b ,� : i i i§i 1 i i : . ! . .. � ! 1 w'. ! ] . . ; . . � I ! I ! : g : : . ; ; j . . 4 I ; ; r M : 4 q ; . : t ; ; a - ; i � : I � I ; � .1 ; : : : i I : ;0� I L I . . . , � � , i '! I � i � ; f ! . - . � : � � ; r ; 2 ; 7 I 1 - , r , . . . . ! ; . . . . , . m ; . . I 11 ! ; , , , a � � . . � , : - . . I M ; � g r ; . . . . . . . . ; i ; ; . ; . 2 j i ; ; N ; ; ; 7 1 ; : . . . . . . . r z : 7 ; ; , , 4 : . ; � ; . . . . . - I ; N : � ; i : ; . . o : : : i : � 7 .2 : : : 1 : : , j , A I I : . . � r 6 . ; i ; ; ; T ! M . : r : : ; ; 7 ; 7 i F w " : , . 1 - , - . . . 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I . . . . . . . . . . . . . . . . . . 2 i T ; I - - L M 2 T ! ! 1 1 ! ; ! � , , : , : . . . . . . . . . i i ; : ; ; � 2 1 . ; 7 . . ; , � . . . . : t : ; ; ; o ; - . i . - % � . � I . . . A ; 1 '! , � j i ; � I : t I !, ': ': ': , , ; . . . I ; ; j . . i 2 .. . .. . . . . ;. 2 i ; t I 1 1: . . . . I i : I 7 M ; � � : : � � � . L � 2 . � I . : : 4 2 . . . . : . i . . ; . . T ; . ; , , : ; : I I . . . . . a i . . : . . . 9 , , . , - I . ; . . , ;; . ;: . !� �. . z ! � : : . � ; � . . . . : , : ! f �E . ! i i I I 1 I : : T w ; I . � . . . . . . ; ; N ; ; ; . r � . . . � . : i . . . . I i : ; * * % : : . . . . 4 i 1 , : , " : , - . . - - . I z ! ! ! ! : � : t -1 � 1 ! i � ! ; - . o . . . . . . . . . . . . : . . � : . . � i ! I i � � - - - - N N ; ; . . . . . . o r ; i ; ; 2 - - - � : : . � . . � 1 F ! 2 ; , . 1 , 1 1 ! ! ; : z - F . 6 Ld 1 . - . � . . . . . ; ; 1 . . . . . . . . N i I . ; � r f - . . . . - - � � . . . . . 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I . . r I . : . � � . . . . . . . ! : j . i , : . r : r : � . � � t M Z I o I m . ; I ; . ; I ; I - , . . 1 � I . . . . ! . a , . a . . . . . . . . . . . � . . . . . . . : : 7 . . . . . . . . : . . . . L * . ; ; i : : : : . . . . . . . : � ; : . � . . . � � i ; i E � . . I . : : : : ; ; . . ; . . . . . . � . . . . . . . . m w a ; I ; . . . . . . . . . . � . . � * j ; 2 1 T : : . . . . . . � � � : : 1 ; - . . . ; ; ; N ; ; ; 7 2 i M � i ! : : ! 7 ; ; ; ; E 1 ; 7 j - - i - . r i I . M . - - ; L r M r ; M 6 . . . I : : . . . . . . . . � � T ! ! i E . . . . . . . . . : � . . . � * : : ; N 9 ; ; ; ; E � : � : , , T . ; j z . � . . . . ; ; ; ; � : w ; m ; ; . . : z i a z . . T . : , z . . . . � . I . . % ; ; . * ; ; : N ; ; ; . . . : w ; w ; ; ; : I E : : : ; . : : z - : � � : � . . . � . . � . . . , , ; . 1 . . . I . . . 1 � - - � . ; ; ; ; ; ; . . . . 4 ; s ; ; ! ; ; 1 - - � . 2 1 M M 4 : r ; . . t : ; i ; ; j - j . . . . . : 2 r M : : : w . : � t : a . 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E : : : , : ; : ; ; i i 7 : z : , : " , i , a' , , . . . . . . ; ; � . � : : : . . : a z ; ; a ; . . . . . . I . . : 2 � . ; I : 2 t ; j ; ; ; I . . . . . . . � ; a a ; ; a � a . � 7 . . . . . . . I I . . . i ; ; ; E i : 9 : ; : m ; : ; ; j ; � : t : . . r r � . : ; ; ; � a z I r 2 : a a � : r i ; o N . ; ; I ; I j . ; I ; . ; � 2 . ; I - I I . - . I - I . ; . ; . : . 1 , : . � . ; . ; � ; I . . . , , � . � . . 1 . : : I . , � ; . r : : : : i ; N � . I . I . . . . . . ; � L . i E i i : : . . � . s a r . . . . . . . . M ; . . : : : : : ; ; r ; ; . z : . . . . . - : � 7 ; ; : 7 7 : : : z : 4 � : � : : t � . ; . � . . . . . . � . . ; ; ; 7 . I . . : ; ; � i � � s : : , i - : � . . . . T i 1 : * : ; ; ; ; 7 ; ; 7 j - 4 : % s ; . ; a � ; ; ; ; ; ; ; . � - ; . . ; m . . � . . . . . . . ; ! � a: ! ; ; t ; ; ; L � ; I . . I . . . . r ! ! ! ! : : . . . . r , . ; z . I . . . � . . . . . ; . . I i E 1 . ; . ; ; ; 1 ! � - � 1 . . . . r a M : ; ; i 2 ; ; j E E ! 1i . . I . i ! i � & ; : ; t- I . . . : : : - - - r ; ; 7 7 a i : : A - : . - - i 1 1 i , i ; � . . . . ; . - . . . � . . j E r I I . . . � . i . � : w * t ; ; i � . . . � . . ; i r i . . . . . � ; ; ; t , � . . . : i ; z � ; 1 ! I i ! : � ; - : . � : ; ! : - ; . r . . . ; ; I : , : z - ; ; , 1 1 ! . � ! : � : : , 1 , , 2 . ! . i ; : , i �. t ! � : : : : . I ! � i ; ; , . , , . , I . I . I - . ! : : . o . . . ; ; N o � . ; . � . . . . . a . . . � � I . . . , , � , , ; , . w , i ! ! i 7 : : , : T ; ; , ; ; ; . . . . � . . . ! . , : . " , ; ; , . i i . ii : . : , I - i � " I 1 I i i I � F I I i � I . . . . o - � I . . : � . v ; ; ; I . . . . . . . . . . . . . . ; ; I � I . . . . . j t : ; ; A i ; : � a ; . . I ! : z : : , i : . . . . . a � ; : m ; ; � i r . . I . . � 4 1 . I . . . I . . , . . . I I I - , � . . I . . ; . . . � � . ; 2 : : z : ! ; � . . ; ; R . ; . i 1 . . . I L ' : 4 1 , " 2 ; : : : : 9 % ; ; 7 i : i ! ! . E z ; - - � 1 1 ; . . � . . . . . 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YATES, CITY MANAGER DATE: JUNE 24, 2014 SUBJECT: ACCEPTANCE OF MSRC FUNDING GRANT FOR INSTALLATION OF ELECTRICAL VEHICLE CHARGING INFRASTRUCTURE Recommendations Staff recommends that the City Council accept the Clean Transportation funding from the Mobile Source Air Pollution Reduction Review Committee (MSRC) for the Electrical Vehicle Charging Infrastructure. Background In October 2013, the Public Works Department applied for Clean Transportation Funding in the amount of $56,700, which will be applied to cover the costs for the installation of various electrical vehicle charging Infrastructure. Staff is currently developing an initial plan outlining the proposed electric vehicle charging station locations and potential installation delivery methods/vendors including the placement of up to 10 electrical vehicle charging stations throughout the City. This plan is anticipated to be presented to the City Council at an upcoming City Council meeting in Summer 2014. Discussion The Mobile Source Air Pollution Reduction Review Committee (MSRC) has announced a new round of Clean Transportation FundingTm available exclusively to cities and counties within the South Coast Air Quality Management District (SCAQMD). The Local Government Match Program offers to co -fund clean air projects implemented by cities and counties that utilize their Motor Vehicle Registration Fee Subvention Funds, commonly referred to as "AB 2766 Subvention Funds". The MSRC, using its Discretionary Funds, will contribute match funding towards qualifying projects. All cities and counties within the jurisdiction of the AQMD who receive AB 2766 Subvention Funds are eligible to participate in this Program. Also, regional Councils of Governments (COGs) who receive an appropriation of AB 2766 Subvention Funds from ACCEPTANCE of MSRC GRANT FUNDING JUNE 24, 2014 PAGE 2 their member jurisdictions are eligible to participate, provided that qualifying AB 2766 Subvention Funds are used by the COG as the matching funds. Eligible project categories for this year's Local Government Match Program have been refined to better support cities' and counties' air quality improvement needs. The electrical vehicle charging stations project is one of the many project categories that is eligible to receive MSRC matching funds under the 2013 Program. Fiscal Impact The 50% match will be paid for through the AB 2766 (606 Fund) in the amount of $56,700. The project is being funded as follows: MSRC $ 56,700 AB 2766 $ 56,700 Total Fund $ 113,400 Prepared by: Rick De Santiago Public Works Superintendent Approved by: Walter Allison, P.E. City Engineer Vince Damasse, P.E. 19 Director of Public Works Approved by: Grant M. Yates City Manager Attachments: Exhibit A — Funding Approval Letter Exhibit B — Project Budget Exhibit C — Proposed Contract to Install Electric Vehicle Charging Stations ACCEPTANCE of MSRC GRANT FUNDING JUNE 24, 2014 PAGE 3 EXHIBIT A — FUNDING APPROVAL LETTER Clean Transportation Funding from the Il Mobile Source Alf Pollution Reduction Review Cornmttlee December 13, 2013 Rick De Santiago Public Works Superintendant City of Lake Elsinore 521 N Langstaff St Lake Elsinore, CA 92530 Subject: MSRC Proposal #PA2014-14-25 Funding For EV Charging th rastructure Dear Mr. De Santiago 21865 Copley Drive Diamond Bar CA 91765 909.396.3269 fax 909.396.3682 The South Coast Air Quality Management District Governing Board approved funding for your project on December 6, 2013. Congratulations on the success of your MSRC proposal and subsequent award of funds in the amount of $56,700. MSRC staff will contact you with a contract detailing how work, payments, reports, etc., will occur. Generally, you should not start work until a contract has been executed. Any costs incurred prior to contract execution shall be incurred solely at your own risk. Please note that we need documentation of worker's compensation, general and automobile liability insurance before we can send you a contract for execution. If you have any questions regarding this award of funds or the process that will take place, please contact me at (909) 396-3269. I look forward to working with you Sincerely, n Cynthia Ravenstein MSRC Contracts Administrator cvnthiaPcleantransportationfundinq org MEMBER ORGANIZATIONS. California Air Resources Board - [.as Angeles County Metropolitan Transportation Authority • Orange CoUn y Transportation Authority • Riverside Counly Tronsportatlen Commission - San Bernardino Associated Governments • South Coast Air Quality Management UlsidcI - Sou l here California Association al Governments - Regional Ridesharing Agency W Mean I ransportation s vi s1 , Mobile Source Air Pollution Reduction Revlew Committee April 18, 2014 Mr, Rick De Santiago City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Dear Mr. De Santiago: 21865 Copley Drive Diamond Bar CA 91765 909.396.3269 fax 909.396.3682 Please find attached two original copies of Contract Number ML14034 for signatures. This contract is to Install Electric Vehicle Charging Stations. Please return both copies to me at: Rachel Valenzuela South Coast AQMD/MSRC 21865 Copley Drive Diamond Bar, CA 91765 In addition, please provide documentation designating appropriate signatory authority on behalf of the agency, corporation, partnership, LLC, etc., and attest that said signature is empowered to contract on behalf of contractor in both an operational and financial capacity and to legally bind contractor. Please sign the signature page provided in the contract. If your agency's policy compels you to use a separate signature page, make sure to include the MSRC/SCAQMD contract number on the additional page. Once the contract has been executed, I will return to you a copy for your files. If you have any questions, please don't hesitate to call me at (909) 396-3101. Sincerely, Rachel B. �alenzuela Contracts Assistant MSRC Contracts Administration rachet(o)cleantransportationfundina.org Attachments MEMBER ORGANIZATIONS: California Air Resources Board • Los Angeles County Metropolitan Transportation Authority • Orange County Transportation Authorily • Riverside County Transportation Cornmission • San Bernardino Associated Governments • South Coast Air Quality Managernent District • Southern California Association of Governments • Regional Rideshoring Agency ACCEPTANCE of MSRC GRANT FUNDING JUNE 24, 2014 PAGE 4 EXHIBIT B — PROJECT BUDGET MSRC Clean Transportation Funding* - 2073 Local Government Match Program PART C - PROJECT BUDGET Electric Vehicle Charging Infrastructure (Return this Form as part of your Match Program application only if you are applying for Electric vehicle charging infrastructure match funding) A. Please provide your Current Unallocated Subvention Fund Balance: $ 52,000 B. Please provide the following Electric Vehicle Charging Infrastructure Project Cost by Category Information: PROJECT COSTS BY FUNDING CATEGORY 1. AB2766SUBVENTION FUNDS APPLIED TOINFRASTRUCTURE PROJECT FROM EXISTING UNALLOCATED BALANCE: 2. AB 2766 SUBVENTION FUNDS APPLIED TO EV INFRASTRUCTURE PROJECT FROM NEXT YEAR ALLOCATION (FY 2014/2015): 3, OTHER FUNDS APPLIED TO EV INFRASTRUCTURE PROJECT (NOT TO EXCEED $400,000 TOTAL PER ENTITY): 4. TOTAL AB 2766 SUBVENTION FUNDS AND OTHER FUNDS APPLIED TO EV INFRASTRUCTURE PROJECT (SUM OF LINES 1, 2, and 3): 5. AMOUNT OF MSRC MATCH FUNDING REQUESTED (MAXIMUM AMOUNT IS EQUAL TO LINE 4 (DOLLAR FOR DOLLAR MATCH OF LINE 4 NOT TO EXCEED $500,000): 6. , ADDITIONAL PROJECT CO -FUNDING FROM OTHER SOURCES: 7. TOTAL PROJECT COST: 25 AMOUNT $ 52.000 $ 4,700 $ 56 700 $ 56,700 $ 113.400 ACCEPTANCE of MSRC GRANT FUNDING JUNE 24, 2014 PAGE 5 EXHIBIT C — PROPOSED CONTRACT TO INSTALL ELECTRIC VEHICLE CHARGING STATIONS ®� South Coast Contract No. ML14034 Air Quality Management District 9PTra�spartation ..,.. rLoq AB 27661 MSRC LOCAL GOVERNMENT MATCH PROGRAM CONTRACT PARTIES - The parties to this Contract are the South Coast Air Quality Management District (hereinafter referred to as "SCAQMD") whose address is 21865 Copley Drive, Diamond Bar, California 91765-4178, and the City of Lake Elsinore (hereinafter referred to as "CONTRACTOR") whose address is 130 South Main Street, Lake Elsinore, California 92530. RECITALS A. SCAQMD is the local agency with primary responsibility for regulating stationary source air pollution within the geographical boundaries of the South Coast Air Quality Management District in the State of California (State). SCAQMD is authorized under State Health & Safety Code Section 44225 (AB 2766) to levy a fee on motor vehicles for the purpose of reducing air pollution from such vehicles and to implement the California Clean Air Act, B. Under AB 2766, SCAQMD's Governing Board has authorized the imposition of the statutorily set motor vehicle fee. By taking such action, the State's Department of Motor Vehicles (DMV) is required to collect such fee and remit it periodically to SCAQMD. C. AB 2766 further mandates that thirty (30) percent of such vehicle registration fees be placed by SCAQMD into a separate account for the sole purpose of implementing and monitoring programs to reduce air pollution from motor vehicles. D. AB 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to fund projects from the separate account. Pursuant to approval of the work program by SCAQMD's Governing Board, SCAQMD authorized this Contract with CONTRACTOR for equipment or services described in Attachment 1 - Statement of Work, expressly incorporated herein by this reference and made a part hereof of this Contract. E. CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in CONTRACTOR's Local Government Match Program Application/Proposal dated October 15, 2013, F. CONTRACTOR is authorized to do business in the State of California and attests that it is in good tax standing with the California Franchise Tax Board. G. All parties to this Contract have had the opportunity to have this Contract reviewed by their attorney. DMV FEES - CONTRACTOR acknowledges that SCAQMD cannot guarantee that the amount of fees to be collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that payment under this Contract is contingent upon SCAQMD receiving sufficient funds from the DMV, and that SCAQMD assumes no responsibility for the collection and remittance of motor vehicle registration fees, 4. AUDIT AND RECORDS RETENTION A. CONTRACTOR shall, at least once every two years, or within two years of the termination of the Contract if the term is less than two years, be subject to an audit by SCAQMD or its authorized representative to determine if the revenues received by CONTRACTOR were spent for the reduction of pollution from motor vehicles pursuant to the Clean Air Act of 1988. B. CONTRACTOR agrees to maintain records related to this Contract during the Contract term and continue to retain these records for a period of two years beyond the Contract term, except that in no case shall CONTRACTOR be required to retain more than the most recent five years' records. SCAQMD shall coordinate such audit through CONTRACTOR'S audit staff. Contract No. ML14034 C. If an amount is found to be inappropriately expended, SCAQMD may withhold funding, or seek reimbursement, from CONTRACTOR in the amount equal to the amount that was inappropriately expended. Such withholding shall not be construed as SCAQMD's sole remedy and shall not relieve CONTRACTOR of its obligation to perform under the terms of this Contract. 5. TERM - The term of this Contract is for eighty (80) months from the date of execution by both parties, unless terminated earlier as provided for in the TERMINATION clause of this Contract, the EARLY TERMINATION clause, or the term is extended by amendment of this Contract in writing. No work shall commence prior to the Contract start date, except at CONTRACTOR's cost and risk, and no charges are authorized until this Contract is fully executed, subject to the provisions stated in the PRE -CONTRACT COSTS clause of this Contract. 6. SUCCESSORS -IN -INTEREST - This Contract, and the obligations arising under the Contract, shall be binding on and inure to the benefit of CONTRACTOR and their executors, administrators, successors, and assigns. 7. REPORTING - CONTRACTOR shall submit reports to SCAQMD as outlined in Attachment 1 - Statement of Work. SCAQMD reserves the right to review, comment, and request changes to any report produced as a result of this Contract. 8. TERMINATION A. In the event any party fails to comply with any term or condition of this Contract, or fails to provide services in the manner agreed upon by the parties, including, but not limited to, the requirements of Attachment 1 — Statement of Work, this failure shall constitute a breach of this Contract. The non - breaching party shall notify the breaching party that it must cure this breach or provide written notification of its intention to terminate this contract. Notification shall be provided in the manner set forth in the NOTICES clause of this Contract. The non -breaching party reserves all rights under law and equity to enforce this Contract and recover damages. B. SCAQMD reserves the right to terminate this Contract, in whole or in part, without cause, upon thirty (30) days' written notice. Once such notice has been given, CONTRACTOR shall, except as and to the extent or directed otherwise by SCAQMD, discontinue any Work being performed under this Contract and cancel any of CONTRACTOR's orders for materials, facilities, and supplies in connection with such Work, and shall use its best efforts to procure termination of existing subcontracts upon terms satisfactory to SCAQMD. Thereafter, CONTRACTOR shall perform only such services as may be necessary to preserve and protect any Work already in progress and to dispose of any property as requested by SCAQMD. C. CONTRACTOR shall be paid in accordance with this Contract for all Work performed before the effective date of termination under section B of the TERMINATION clause of this Contract. Before expiration of the thirty (30) days' written notice, CONTRACTOR shall promptly deliver to SCAQMD all copies of documents and other information and data prepared or developed by CONTRACTOR under this Contract with the exception of a record copy of such materials, which may be retained by CONTRACTOR. 9. EARLY TERMINATION - This Contract may be terminated early due to the following circumstances: The infrastructure identified in Attachment 1, Statement of Work, becomes inoperable, and is either not technically able to be repaired, or is too costly to repair, and such failure is not caused by CONTRACTOR's negligence, misuse, or malfeasance. Contract No. ML14034 10. STOP WORK - SCAQMD may, at any time, by written notice to CONTRACTOR, require CONTRACTOR to stop all or any part of the Statement of Work tasks in this Contract. A stop work order may be issued for reasons including, but not limited to, the project exceeding the budget, out of scope work, delay in project schedule, or misrepresentations. Upon receipt of the stop work order, CONTRACTOR shall immediately take all necessary steps to comply with the order. CONTRACTOR shall resume the work only upon receipt of written instructions from SCAQMD cancelling the stop work order. CONTRACTOR agrees and understands that CONTRACTOR will not be paid for performing work while the stop work order is in effect, unless SCAQMD agrees to do so in its written cancellation of the stop work order, 11. INSURANCE - CONTRACTOR represents that it is permissibly self-insured and will maintain such self- insurance in accordance with applicable provisions of California law throughout the term of this Contract. CONTRACTOR shall provide evidence of sufficient coverage during the term of this Contract and any extensions thereof that meet or exceed the minimum requirements set forth by the SCAQMD below. The certificate of self-insurance shall be mailed to; SCAQMD, 21665 Copley Drive, Diamond Bar, CA 91765- 4178, Attention: Cynthia Ravenstein, MSRC Contracts Administrator. The SCAQMD Contract Number must be included on the face of the certificate. If CONTRACTOR fails to maintain the required insurance coverage, SCAQMD reserves the right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR. Minimum insurance coverages are as follows: A. Worker's compensation insurance in accordance with either California or other state's applicable statutory requirements. B. General Liability insurance with a limit of at least $1,000,000 per occurrence, and $2,000,000 in general aggregate. C. Automobile Liability insurance with limits of at least $100,000 per person and $300,000 per accident for bodily injuries and $50,000 in property damage, or $1,000,000 combined single limit for bodily injury or property damage. 12. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend and indemnify SCAQMD, its officers, employees, agents, representatives, and successors -in -interest against any and all loss, damage, costs, lawsuits, claims, demands, causes of action judgments, attorney's fees, or any other expenses arising from or related to any third party claim against SCAQMD, its officers, employees, agents, representatives, or successors in interest that arise or result in whole or in part, from any actual or alleged act or omission of CONTRACTOR, its employees, subcontractors, agents or representatives in the performance of this Contract, 13, DISCLAIMER OF WARRANTY - The purchase or lease of funded vehicles/equipment is the CONTRACTOR's decision. The SCAQMD does not make any express or implied warranty of merchantability, fitness for a particular purpose or otherwise, quality or usefulness of the technology or product. Without limiting the foregoing, the SCAQMD will not be financially responsible, or otherwise liable, for the installation or performance of the vehicle/equipment. 14. PAYMENT A. SCAQMD shall reimburse CONTRACTOR up to a total amount of Fifty Six Thousand Seven Hundred Dollars ($56,700) in accordance with Attachment 2 — Payment Schedule expressly incorporated herein by this reference and made a part hereof of the Contract. Contract No. ML14034 B. A withhold amount or percentage (if any) shall be identified in the Payment Schedule, and such amount shall be withheld from each invoice. Upon satisfactory completion of project and final acceptance of work and the final report, CONTRACTOR's invoice for the withheld amount shall be released. Proof of project completion shall include a Final Report detailing the project goals and accomplishments, data collected during project performance, if any, documentation of significant results, and emissions reduction input data needed for calculation of emissions reductions. C. Any funds not expended upon early Contract termination or Contract completion shall revert to the AB 2766 Discretionary Fund. Payment of charges shall be made by SCAQMD to CONTRACTOR within thirty (30) days after approval by SCAQMD of an itemized invoice prepared and furnished by CONTRACTOR. D. An invoice submitted to SCAQMD for payment must be prepared in duplicate, on company letterhead, and list SCAQMD's contract number, period covered by invoice, and CONTRACTOR's social security number or Employer Identification Number and submitted to: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765-4178 Attn: Cynthia Ravenstein, MSRC Contract Administrator 1. Charges for equipment, material, and supply costs, travel expenses, subcontractors, and other charges, as applicable, must be itemized by CONTRACTOR. Reimbursement for equipment, material, supplies, subcontractors, and other charges, as applicable, shall be made at actual cost. Supporting documentation must be provided for all individual charges (with the exception of direct labor charges provided by CONTRACTOR). 2. SCAQMD shall pay CONTRACTOR for travel -related expenses only if such travel is expressly set forth in Attachment 2 — Payment Schedule of this Contract or pre -authorized by SCAQMD in writing. 3. CONTRACTOR's failure to provide receipts shall be grounds for SCAQMD's non -reimbursement of such charges. CONTRACTOR may reduce payments on invoices by those charges for which receipts were not provided. 4. CONTRACTOR must submit final invoice no later than ninety (90) days after the termination date of this Contract or invoice may not be paid. 15. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract. CONTRACTOR must also ensure that the vehicles and/or equipment to be purchased, leased or installed is in compliance with all applicable federal, state, and local air quality rules and regulations, and that it will maintain compliance for the full Contract term. CONTRACTOR shall ensure that the provisions of this clause are included in all subcontracts. 16. MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs) A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds may be generated and/or sold. B. CONTRACTOR has the opportunity to generate MSERCs as a by-product of the project if a portion of the air quality benefits attributable to the project resulted from funding sources other than AB2766. These MSERCs, which are issued by SCAQMD, are based upon the quantified vehicle miles traveled (VMT) by project vehicles or other activity data as appropriate. Therefore, a portion of prospective MSERCs, generated as a result of AB 2766 Funds, must be retired. The portion of prospective credits Contract No. ML14034 funded by the AB 2766 program, and which are subject to retirement, shall be referred to as "AB 2766- MSERCs" C. The determination of AB 2766-MSERC's is to be prorated based upon the AB 2766 program's contribution to the cost associated with the air quality benefits, In the case where AB 2766 Discretionary Funds are used to pay for the full differential cost of a new alternative fuel vehicle or for the retrofitting or repowering of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be retired. The determination of AB 2766-MSERCs for infrastructure and other ancillary items is to be prorated based upon the AB 2766 program's contribution to the associated air quality benefits. Determination of the project's overall cost will be on a case-by-case basis at the time an MSERC application is submitted. SCAQMD staff, at the time an MSERC application is submitted, will calculate total MSERCs and retire the AB 2766-MSERCs. CONTRACTOR would then receive the balance of the MSERCs not associated with AB 2766 funding. 17, NOTICES - All notices that are required under this Contract shall be provided in the manner set forth herein, unless specified otherwise. Notice to a party shall be delivered to the attention of the person listed below, or to such other person or persons as may hereafter be designated by that party in writing. Notice shall be in writing sent by email, U.S. Mail, express, certified, return receipt requested, or a nationally recognized overnight courier service. In the case of email communications, valid notice shall be deemed to have been delivered upon sending, provided the sender obtained an electronic confirmation of delivery. Email communications shall be deemed to have been received on the date of such transmission, provided such date was a business day (Tuesday -Friday) and delivered prior to 5:30pm Pacific Standard Time. Otherwise, receipt of email communications shall be deemed to have occurred on the following business day. In the case of U.S, Mail notice, notice shall be deemed to be received when delivered or five (5) business days after deposit in the U. S. Mail. In the case of a nationally recognized overnight courier service, notice shall be deemed received when delivered (written receipt of delivery). SCAQMD: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765-4178 Attn: Cynthia Ravenstein, MSRC Contract Administrator, email: cravenstein(a)agmd.gov CONTRACTOR: City of Lake Elsinore 521 Langstaff Street Lake Elsinore, CA 92530 Attn: Rick De Santiago, email: rdesantiago pC_.lake-elsinore.org 18. INDEPENDENT CONTRACTOR - CONTRACTOR is an independent contractor. CONTRACTOR, its officers, employees, agents, representatives, or subcontractors shall in no sense be considered employees or agents of SCAQMD, nor shall CONTRACTOR, its officers, employees, agents, representatives, or subcontractors be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by SCAQMD to its employees. SCAQMD will not supervise, direct, or have control over, or be responsible for, CONTRACTOR's or subcontractor's means, methods, techniques, work sequences or procedures, or for the safety precautions and programs incident thereto, or for any failure by them to comply with any local, state, or federal laws, or rules or regulations, including state minimum wage laws and OSHA requirements. Contract No. ML14034 19. SUBCONTRACTOR APPROVAL - If CONTRACTOR intends to subcontract all or a portion of the work under this Contract, then CONTRACTOR must first obtain written approval from SCAQMD's Executive Officer or designee prior to subcontracting any work. Any material changes to the subcontract(s) that affect the scope of work, deliverable schedule, and/or payment/cost schedule shall also require the prior written approval of the SCAQMD Executive Officer or designee. No subcontract charges will be reimbursed unless the required approvals have been obtained from SCAQMD, 20. OWNERSHIP - Title and full ownership rights to any equipment purchased under this Contract shall at all times remain with CONTRACTOR. 21. SECURITY INTEREST - CONTRACTOR hereby grants SCAQMD a security interest in any and all equipment purchased, in whole or in part, with funding provided by SCAQMD pursuant to this Contract. CONTRACTOR acknowledges and agrees that SCAQMD shall have all lien rights as a secured creditor on any and all equipment purchased in whole or in part by the CONTRACTOR, under this Contract or any amendments thereto. The SCAQMD shall have lien rights in effect until the CONTRACTOR satisfies all terms under the Contract, including but not limited to, the use and reporting requirements. Accordingly, CONTRACTOR further agrees that SCAQMD is authorized to file a UCC filing statement or similar security instrument to secure its interests in the equipment that is the subject of the Contract. In the event CONTRACTOR files for bankruptcy protection, CONTRACTOR shall notify SCAQMD within 10 business days of such filing. 22. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, at seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. CONTRACTOR shall likewise require each subcontractor to comply with this clause and shall include in each such subcontract language similar to this clause. 23. CITIZENSHIP AND ALIEN STATUS A. CONTRACTOR warrants that it fully complies with all laws regarding the employment of aliens and others, and that its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 (P.L. 99-603). CONTRACTOR shall obtain from all covered employees performing services hereunder all verification and other documentation of employees' eligibility status required by federal statutes and regulations as they currently exist and as they may be hereafter amended. CONTRACTOR shall have a continuing obligation to verify and document the continuing employment authorization and authorized alien status of employees performing services under this Contract to insure continued compliance with all federal statutes and regulations. Notwithstanding the above, CONTRACTOR, in the performance of this Contract, shall not discriminate against any person in violation of 8 USC Section 1324b. B. CONTRACTOR shall retain such documentation for all covered employees for the period described by law. CONTRACTOR shall indemnify, defend, and hold harmless SCAQMD, its officers and employees from employer sanctions and other liability which may be assessed against CONTRACTOR or SCAQMD, or both in connection with any alleged violation of federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this Contract. Contract No. ML14034 24. ASSIGNMENT AND TRANSFER OF EQUIPMENT A. The rights and responsibilities granted hereby may not be assigned, sold, licensed, or otherwise transferred by CONTRACTOR without the prior written consent of SCAQMD, and any attempt by CONTRACTOR to do so shall be void upon inception. B. CONTRACTOR agrees to obtain SCAQMD's written consent to any assignment, sale, license or transfer of Equipment, if any, prior to completing the transaction. CONTRACTOR shall inform the proposed assignee, buyer, licensee or transferee (collectively referred to here as Buyer') of the terms of this Contract. CONTRACTOR is responsible for establishing contact between SCAQMD and the Buyer and shall assist SCAQMD in facilitating the transfer of this Contract's terms and conditions to the Buyer. CONTRACTOR will not be relieved of the legal obligation to fulfill the terms and conditions of this Contract until and unless the Buyer has assumed responsibility of this Contract's terms and conditions through an executed contract with SCAQMD. 25, NON -EFFECT OF WAIVER - The failure of CONTRACTOR or SCAQMD to insist upon the performance of any or all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise provided for herein. 26. TAX IMPLICATIONS FROM RECEIPT OF MSRC FUNDS - CONTRACTOR is advised to consult a tax attorney regarding potential tax implications from receipt of MSRC funds. 27. ATTORNEYS' FEES - In the event any action is filed in connection with the enforcement or interpretation of Chis Contract, each party in said action shall pay its own attorneys' fees and costs. 28. FORCE MAJEURE - Neither SCAQMD nor CONTRACTOR shall be liable or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of SCAQMD or CONTRACTOR. 29. SEVERABILITY - In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 30. HEADINGS - Headings on the clauses of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Contract. 31. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 32. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue for resolution of any disputes under this Contract shall be Los Angeles County, California. Contract No. ML14034 33. PRE -CONTRACT COSTS - Any costs incurred by CONTRACTOR prior to CONTRACTOR receipt of a fully executed Contract shall be incurred solely at the risk of the CONTRACTOR. In the event that a formal Contract is not executed, neither the MSRC nor the SCAQMD shall be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, pre -contract cost expenditures authorized by the Contract will be reimbursed in accordance with the Payment Schedule and payment provision of the Contract. 34. CHANGE TERMS - Changes to any part of this Contract must be requested in writing by CONTRACTOR and approved by MSRC in accordance with MSRC policies and procedures. CONTRACTOR must make requests a minimum of 90 days prior to desired effective date of change. All modifications to this Contract shall be in writing and signed by the authorized representatives of the parties. Fueling station location changes shall not be approved under any circumstances. 35, PREVAILING WAGES - CONTRACTOR is alerted to the prevailing wage requirements of California Labor Code section 1770 et seq. Notwithstanding the preceding sentence, CONTRACTOR shall be responsible for determining the applicability of the provisions of California Labor Code and complying with the same, including, without limitation, obtaining from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work, making the same available to any interested party upon request, paying any applicable prevailing rates, posting copies thereof at the job site and flowing all applicable prevailing wage rate requirements to its subcontractors. CONTRACTOR shall indemnify, defend and hold harmless the South Coast Air Quality Management District against any and all claims, demands, damages, defense costs or liabilities based on failure to adhere to the above referenced statutes. 36. ENTIRE CONTRACT - This Contract represents the entire agreement between CONTRACTOR and SCAQMD. There are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the authorized representative of the party against whom enforcement of such waiver, alteration, or modification is sought. 37. AUTHORITY - The signator hereto represents and warrants that he or she is authorized and empowered and has the legal capacity to execute this Contract and to legally bind CONTRACTOR both in an operational and financial capacity and that the requirements and obligations under this Contract are legally enforceable and binding on CONTRACTOR. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) Contract No. ML14034 IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on their behalf by their authorized representatives. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Dr, William A. Burke, Chairman, G Date: ATTEST: Saundra McDaniel, Clerk of the Board 0 APPROVED AS TO FORM: Kurt R. Wiese, General Counsel CITY OF LAKE ELSINORE IIMSRC Master Boilerplate February 7, 2014 9 Attachment 1 Statement of Work City of Lake Elsinore Contract Number ML14034 statement of Work 1. Project Tasks The City of Lake Elsinore (hereinafter referred to as "CONTRACTOR") is to install a total of six "Level II" type, publicly accessible EV charging stations, each providing the ability to charge two vehicles, at a minimum of three locations within the City of Lake Elsinore. All stations shall meet current Society of Automotive Engineers J1772 standards. Proposed locations are shown in the table below: Street Venue Collier Avenue Outlet Center Malaga Road_ Storm Stadium Main Street City Hall _ _ These locations are understood to be tentative; CONTRACTOR shall notify MSRC staff of any location changes. CONTRACTOR shall be reimbursed for charging station installations according to the costs stated in Attachment 2 — Payment Schedule. 2. Operation Requirements CONTRACTOR is obligated to comply with the Operational Availability requirements set forth as follows: A. CONTRACTOR commits to ensuring Level II charging stations remain operational and accessible to the public in the original location for a period of no less than three (3) years from the date the station begins operations in either its initial or expanded capacity. Should CONTRACTOR desire to deviate from this obligation, for reasons other than those stated in the EARLY TERMINATION clause of this Contract, CONTRACTOR shall reimburse SCAQMD for a prorated share of the funds provided for fueling/charging facilities as indicated in the table below: 3 year Operational Availability Percentage of MS RC Funds to Obligation Termination be Reimbursed Occurs _ Within Year 1 100% Between Years 1-2 66% Between Years 2-3 33% After Year 3 0% B. The appropriate reimbursable amount shall be paid to SCAQMD within sixty (60) days from the date the station ceases operation. CONTRACTOR shall not be responsible for any reimbursement to SCAQMD if the obligation is terminated as a result from one or more reasons set forth in the EARLY TERMINATION clause of this Contract. 1 Attachment 1 Statement of Work City of Lake Elsinore Contract Number ML14034 C. The obligations of this section shall survive the expiration of the Contract and continue in full force and effect until the applicable operational availability period set forth above has been satisfied. 3. Promotion CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote the MSRC's co -funding of the EV charging stations. Acceptable outreach may include, but is not limited to, notices in CONTRACTOR mailings to residents, newspaper notices, flyers, and information items at CONTRACTOR Board meetings and community events. The Public Outreach Plan shall automatically be deemed approved 30 days following receipt by SCAQMD staff, unless SCAQMD staff notify CONTRACTOR in writing of a Public Outreach Plan deficiency. CONTRACTOR shall implement the approved Public Outreach Plan in accordance with the Project Schedule below. 4. Reports Quarterly Reports: Until EV charging stations commence operation, CONTRACTOR shall provide quarterly progress reports that summarize the project results to date including, but not limited to: tasks completed, issues or problems encountered, resolutions implemented, and progress to date. Progress reports that do not comply will be returned to the CONTRACTOR as inadequate. Final Report: A Final Report shall be submitted by the CONTRACTOR in the format provided by SCAQMD staff. Report shall include, at a minimum: a) an executive summary; and b) a detailed discussion of the results and conclusions about this project. CONTRACTOR will identify any barriers encountered and solutions developed to overcome the barriers, and impact of project on future electric vehicle projects. S. Project Schedule CONTRACTOR shall comply with the increments of progress identified in the following chart. The completion month for each task is based on the date of Contract execution. Task Completion _ _ Select contractor for site improvements and installations Month 10 _ Submit Public Outreach Plan Month 10 Order equipment _ Month 12 _ Complete EV station installations and enter into service Month 17 Implement Public Outreach Plan Month 19 Quarterly reports Months 4, 7, 10, 13, and 16 _ Final Report Month 20 2 Attachment 2 Payment schedule City of Lake Elsinore Contract Number ML14034 Cost Breakdown No funds shall be paid out to CONTRACTOR pursuant to this Contract, until the project described in Attachments 1 and 2 is completed and proof of completion is provided to SCAQMD. If the project described in Attachments 1 and 2 is not completed and satisfactory proof of completion is not provided to SCAQMD, no monies shall be due and payable to CONTRACTOR. Proof of completion shall include: o Representative photos of completed stations; o a report signed by a responsible official certifying that the stations have been completed as described in Attachment 1; and o receipts for equipment and/or invoice(s) from subcontractor(s) performing the installations, if any. If, at the completion of the Project, the expenditures are less than the Total Cost amount above, the actual amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted on a prorated basis, so that the amount reimbursed to CONTRACTOR shall not exceed the actual amount of local funds applied. Additional AB 2766 Discretionary Match Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than AB 2766 Discretionary Funds. 3 Maximum AB2766 CONTRACTOR Purchase Discretionary A82766 Other Funds Total Cost Category Funds payable Subvention Funds Applied under this Contract Applied EV Charging $56,700 $0 $56,700 $113,400 Stations No funds shall be paid out to CONTRACTOR pursuant to this Contract, until the project described in Attachments 1 and 2 is completed and proof of completion is provided to SCAQMD. If the project described in Attachments 1 and 2 is not completed and satisfactory proof of completion is not provided to SCAQMD, no monies shall be due and payable to CONTRACTOR. Proof of completion shall include: o Representative photos of completed stations; o a report signed by a responsible official certifying that the stations have been completed as described in Attachment 1; and o receipts for equipment and/or invoice(s) from subcontractor(s) performing the installations, if any. If, at the completion of the Project, the expenditures are less than the Total Cost amount above, the actual amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted on a prorated basis, so that the amount reimbursed to CONTRACTOR shall not exceed the actual amount of local funds applied. Additional AB 2766 Discretionary Match Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than AB 2766 Discretionary Funds. 3 Agreement No. 10-72-016-03 AMENDMENT NO. 3 TO AGREEMENT FOR THE FUNDING OF TUMF REGIONAL ARTERIAL IMPROVEMENTS WITH THE CITY OF LAKE ELSINORE FOR THE RAILROAD CANYON ROAD AT 1-15 IMPROVEMENTS PARTIES AND DATE This Amendment No. 3 is made and entered into as of this day of 2014, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") and CITY OF LAKE ELSINORE ("City"). 2. RECITALS 2.1 The Commission and the City have entered into an agreement entitled "Agreement for the Funding of TUMF Regional Arterial Improvements with the City of Lake Elsinore" dated February 4, 2010 (the "Master Agreement"). The Master Agreement provides the terms and conditions, scope of work, schedule and funding amount for the Project Approval and Environmental Document ("PA&ED") Phase related to the Railroad Canyon Road at the 1-15 Improvements Project (hereinafter the "Project"). The Project is more specifically described in Exhibit "B" of the Master Agreement. 2.2 The Commission and the City have entered into an Amendment No. 1 to the Master Agreement, dated June 6, 2011, ("Amendment No. 1") for the purpose of increasing the Funding Amount and assuming the City's existing professional services agreement with SC Engineering for the PA&ED services for the Project. 2.3 The Commission and the City have entered into an Amendment No. 2 to the Master Agreement, dated December 19, 2013, ("Amendment No. 2") for the purpose of increasing the Funding Amount and assuming the City's existing professional services agreement with SC Engineering for the PA&ED services for the Project. 2.4 The parties now desire to amend the Master Agreement in order to provide additional TUMF funding for the completion of the.PA&ED Phase of the Project. 17336.01200\8767406.2 3. TERMS 3.1 The Funding Amount, as set forth in Section 3.2 of the Master Agreement, as amended by Amendment No. 2, shall be increased from One Million Six Hundred Five Thousand Dollars ($1,605,000) to Two Million Two Hundred Five Thousand Dollars (2,205,000). 3.2 The funding allocations identified in Exhibit "A" of the Master Agreement shall be replaced by the funding allocations identified in Exhibit "A" attached to this Amendment and incorporated herein by reference. The Funding Amount shall be utilized as specified in the attached Exhibit "A" and in accordance with the terms of the Master Agreement. 3.3 Except as amended by this Amendment, all provisions of the Master Agreement, as amended by Amendment Nos. 1 and 2, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. [Signatures on following page] 17336.01200\8767406.2 2 SIGNATURE PAGE TO AGREEMENT NO. 10-72-016-03 IN WITNESS WHEREOF, the parties hereto have.executed this Amendment on the date first herein above written. RIVERSIDE COUNTY TRANSPORTATION COMMISSION 0 Marion Ashley, Chair APPROVED AS TO FORM: In 17336.01200\5767406.2 3 CITY OF LAKE ELSINORE By: -Re}�€Ft-€-.tlAagsa,-Mayor. 'N—atasha Johnson, Mayor APPROVED AS TO FORM: 0 Barbara Liebold City Attorney EXHIBIT "A" FUNDING FUNDING: PHASE TUMF LOCAL TOTAL PA&ED $2,205,000 _ $0 $2,205,000 TOTAL $2,205,000 N/A $2,205,000 EXHIBIT A - 1 17336.01200\8767406.2 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement") is made and entered into as of the 241h day of June, 2014, by and between the City of Lake Elsinore, a municipal corporation ("City") and Enviromine. Inc. ("Consultant"). RECITALS A. City desires to retain Consultant to perform SMARA Compliance services in the City and Consultant desires to provide such professional services and related work as set forth in this Agreement. B. 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. AGREEMENT 1. Scope of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue for a period of one year. Professional services as described in Exhibit A may be extended at the discretion of the City on an annual basis for a total of three (3) years. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $ without additional written authorization from the City. Expenses set forth in Exhibit B 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 submit monthly billings to City describing the work performed during the preceding month. 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 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. Professional Services Agreement 1 12/10/13 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. 6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. 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 acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. 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. Professional Services Agreement 2 12/10/13 b. 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. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant Professional Services Agreement 3 12/10/13 shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. 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).) 11. 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. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. 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. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the Professional Services Agreement 4 12/10/13 performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, 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 complete and submit to the City a Certificate of Exemption from Workers Compensation Insurance in the form attached hereto as Exhibit C. 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. 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. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations 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. Professional Services Agreement 5 12/10/13 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. 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 Consultant, 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, 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. 16. 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. Professional Smiccs Agreement 6 12/10/13 If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: EnviroMine, Inc. Attn: Warren R. Coalson, President 3511 Camino Del Rio South, Suite 403 San Diego, CA 92108 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. 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. 19. 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. 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 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. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. 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. 22. 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. 23. 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 Professional Services Agreemeul 7 12/10/13 prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. 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/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. 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. 26. 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. 27. 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. 28. 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. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. Professional Services Agreement 8 12/10/13 CITY OF LAKE ELSINORE: By:_ Printed Title: APPROVED AS TO FORM: City Attorney Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule CONSULTANT: By: Printed Na Title: Business License # ATTEST: City Clerk Professional Sem'vices Agreement 9 12/10/13 EXHIBIT "A" SCOPE OF SERVICES Professional Sewices Agreement 12/10/13 4.0 Scope of Services The Scope of Services is proposed to include the following tasks: A. File Review/Site Familiarity Prior to arriving at the mining sites to conduct inspections, EnviroMINE will complete a thorough review recent inspections and all pertinent information relating to approvals for the project. This review provides the inspector with the necessary background to allow for a thorough inspection of the site. File review will include the approved reclamation plan, use permit, environmental documentation, and any other documents important to the site inspection. EnviroMINE has provided SMARA services and conducted Annual Inspections on the mines in Lake Elsinore since 2009 and is very familiar with history of each site. If there has been any information submitted to the City by the operators or any actions taken regarding the mines since the 2013 inspections, the City of Lake Elsinore is responsible for providing EnviroMINE with the updated documentation. B. Inspections It should be the goal of any inspection program to work as a problem solving tool. Not only are mine inspectors responsible for reviewing mining operations for compliance, the inspector must also serve as an ambassador of the lead agency. At times there are disagreements with the requirements of approval conditions and mitigation measures. The inspector will be charged with interpreting and finding solutions to these problems. For this reason, it is important to develop a cordial working relationship with the mine operator. In most cases, solutions should be arrived at in the field with the mine operator. This approach will result in fewer complaints for the lead agency and assure implementation of all compliance conditions. EnviroMINE will perform the inspections for operations within the City of Lake Elsinore. This will include contacting the mine operators to set up a date and time to inspect the site for compliance with the Use Permit, CEQA mitigation measures, and Reclamation Plan. At least 10 days in advance of the inspection, EnviroMINE will provide written notice of the schedule to the operator. In some instances, it may be necessary to return to the site to follow-up on deficiencies noted in the site inspection. Where deficiencies are noted, the mine inspector may be required to specifically identify violations and note these on inspection reports. Should this occur, SMARA allows mine operators 30 days to correct deficiencies before being re -inspected. EnviroMINE understands the benefits to developing cooperative working relationships between the mine operator and the Lead Agency. As such, we will attempt to allow the operator to correct any deficiencies in the field on the day of the inspection. If satisfactory resolution cannot be reached in the field, we will consult with City staff to gain direction for further action. If a Notice of Violation (NOV) is necessary, EnviroMINE will provide the City a draft version of the NOV for issuance by the City to the operator. Depending on the cause of action, additional time may be required to work with the City and operator to address the violation(s). C. Financial Assurance Review Annual review of financial assurances is required by SMARA to insure that adequate surety is available should the operator default on the reclamation requirements. Review and adjustment of financial assurances can be time consuming. This depends, in large part, on the operator's willingness to provide adequately detailed and justified estimates. EnviroMINE is uniquely qualified to review financial assurances. EnviroMINE authored the estimating procedure utilized by the State Mining and Geology Board as adopted in their Financial Assurance Guidelines and updates over 80 financial assurance cost estimates each year for private operators. D. Inspection Reports Site Inspection Reports shalt be completed on the forms provided for this purpose by the State Department of Mines and Geology. The state form is referred to as form MRRC-1 (7/13). Other items to be included with the report would include a listing of problem areas and issues of potential variance from the conditions of the use permit for the mining operation. Where problem areas are identified (e.g. accelerated erosion) suggested steps for correcting the problem will be listed. This information may then be used by the operator and the City to assist with implementing corrective measures. The City of Lake Elsinore is recognized as the lead agency with ultimate authority for direction and content of information included in the inspection reports. Inspection reports will be completed and submitted to the City within 27 days following individual mine site inspections. Each inspection report will be prepared in triplicate and submitted to the City for review and approval. An electronic copy in pdf format will also be provided, which will included all supporting documentation. E. Other SMARA Related Assignments EnviroMINE staff will be available on an as needed basis to support the City in all SMARA related items when requested. Work may include: • Review of Conditional Use Permits, Reclamation Plans, Reclamation Plan Amendments, Interim Management Plans, Financial Assurance estimates and financial mechanisms. • Periodic site visits to operating or closed sites • Review and become familiar with all pertinent data on the quarries and mines including but not limited to location, geology, existing use permit, prior annual reports, financial assurance estimate and mechanism, reclamation plan or interim management plan submitted by the operators or provided by the State. • Attend meetings, conference calls and Council/ Commission meetings as requested by appropriate Engineering staff. EnviroMINE understands that these may occur after routine working hours. • Assist and represent the City with the Office of Mine Reclamation, the State Mining and Geology Board or private citizens. • Communicate with the State on SMARA issues as needed. • Consult with the Engineering Division and City Attorney on ongoing mining projects as needed. • Complete additional work as requested by the Director of Public Works. EXHIBIT "B" SCHEDULE OF CHARGES Professional Services Agreement 12/10/13 3. EnviroMINE Inc. Schedule of Charges Staff Hourly Rate Principal, (Warren Coalson) $195.00 Senior Project Manager, (Dennis Fransway) $165.00 Site Inspector, (T. Kinsman) $135.00 Civil Engineer $125.00 GIS Technician $105.00 Research Analyst $75.00 Clerical $65.00 Specialty subconsultants Professional Engineer, (Wayne Chang) Professional Geologist, (John Royal) $137.50 $137.50 Expenses Reimbursable Expense Cost Copies: black & white $0.25 Copies: color $0.35 Mileage $0.59/mi PRIMA FACIE SPEED LIMITS CITY OF LADE L LSIAORE rDREAM EXHUMLn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: JUNE 24, 2014 SUBJECT: PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS IN THE CITY Recommendations 1. City Council receive and accept the recommendations of the 2014 Engineering and Traffic Survey to set, maintain, increase or decrease certain speed limits as required by the California Vehicle Code. 2. City Council adopt Resolution No. 2014-_ to set, maintain, increase or decrease certain speed limits in the City as determined from the 2014 Engineering and Traffic Survey and as required by the California Vehicle Code. Background The establishment of speed limits on City streets is outlined by the California Vehicle Code (CVC) and the California Manual of Uniform Traffic Control Devices (CAMUTCD). For a speed limit to be enforceable by electronic means (i.e. Radar/Lidar), an Engineering and Traffic Survey (E&TS) must be conducted within seven (7) years prior to the date of the enforcement or within ten (10) years if certain criteria under the "speed trap" sections (CVC40802 c:1) of the California Vehicle Code are met. The street segments included in the proposed Resolution do not meet the requirements set by the State to allow for the ten year time period, thus, speed limits on these street segments are proposed as a result of the 2014 E&TS in order to conform to the seven year requirement. The E&TS was presented to the Public Safety Advisory Commission (PSAC) on May 21, 2014. PSAC advised staff to review the proposed speed limit on Dexter Avenue north of Hwy. 74, before advancing the E&TS to City Council. Staff has completed the review and is recommending Council approval of the E&TS. PRIMA FACIE SPEED LIMITS JUNE 24, 2014 PAGE 2 Discussion The City performed an E&TS of 30 road segments on 20 City streets, those segments are shown in "Exhibit A" of the related Resolution. The road segments are determined by the type of roadway characteristics and engineering judgment. The E&TS is the methodology for analyzing speed limits and the basis of justification for revising or maintaining the recommended speed limit. The justification is based on the criteria and methodology provided in the CVC and CAMUTCD and is accepted by the courts of California. Street surveillance, spot speed survey, and accident rate are the three necessary components of the E&TS used in determining the most appropriate speed limit. Based upon the findings of the 2014 E&TS, staff is recommending setting, increasing or decreasing speed limits on the following road segments: Other speed limits on the remaining E&TS street segments shall remain the same. Existing Proposed Location Speed Limit Speed Limit 1. 2nd Street — Camino Del Norte to Dexter Ave. 45 mph 35 mph 2. Ardenwood Way — Hwy. 74 to Rosetta Cyn. Dr. Not posted 35 mph 3. Auto Center Dr. — Franklin St. to Mill St. 40 mpg 45 mpg 4. Auto Center Dr. — Mill St. to Diamond Dr. 40 mph 45 mph 5. Corydon (W/B only) — Mission Trail to City Limit 40 mph 45 mph 6. Dexter Ave. — Hwy. 74 to North City Limit 30 mph 45 mph 7. Dexter Ave. — Hwy. 74 to 31d St. 30 mph 40 mph 8. Diamond Dr. — East of Grape St. to Mission Trail 30 mph 35 mph 9. Franklin St. —.Ave. 6 to Canyon Estates Dr. 35 mph 40 mph 10. Grand Ave. — Machado St. to Riverside Dr. 45 mph 40 mph 11. Hillside Dr. — Canyon Hills Rd. to Canyon Rim Not posted 40 mph Dr. 12. Hillside Dr. — Canyon Rim Dr. to private gates Not posted 40 mph 13. Minthorn St. — Collier Ave. to Chaney St. 35 mph 40 mph 14. McVicker Cyn. Park Rd. — Grand Ave. to 25 mph 40 mph Spectra Dr. Other speed limits on the remaining E&TS street segments shall remain the same. PRIMA FACIE SPEED LIMITS JUNE 24, 2014 PAGE 2 Fiscal Impact The cost of installing new or changing and posting speed limit signs will be covered under the Public Works Street Maintenance Budget. Prepared by: Rusty Beardsley, T.E14r-4 Contract Traffic Engi Approved by: Walter Allison, P.E.' City Engineer Vince Damasse, P.E. V9 Director of Public Works Approved by: Grant M. Yates City Manager Attachments: Speed Limits Resolution 2014- RESOLUTION NO. 2014 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMMENDING RESOLUTION NO. 2006-70 AND APPROVING THE DESIGNATION OF THE PRIMA FACIE SPEED LIMIT FOR CERTAIN STREETS WHEREAS, prima facie Speed Limits have been established on certain designated portions of City Streets by Resolution 2006-70; and WHEREAS, portions of certain City streets do not have established prima facie speed limits; and WHEREAS, established prima facie speed limits on certain City streets will no longer be valid for the enforcement of speed limits by radar and other electronic measuring devices unless an Engineering and Traffic Survey is performed as required by the State Vehicle Code; and WHEREAS, An Engineering and Traffic Survey has recently been completed, a copy of which is on file for public inspection in the office of the City Clerk; and WHEREAS, Section 10.20.010 of Title 10 of the Municipal Code provides for the designation of prima facie speed limits by resolution of the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council hereby amends the prima facie speed limits set forth in City of Lake Elsinore Resolution No. 2006-70. SECTION 2. That in accordance with the City of Lake Elsinore Municipal Code, the City Council determines that: 1. The Engineering and Traffic Survey in the City of Lake Elsinore dated May 28, 2014, followed the procedures prescribed by the California Vehicle Code and the California MUTCD and describes the speed limits to be established by this Resolution. 2. The Prima Facie Speed Limits set forth in Exhibit `A' attached hereto are the most appropriate to facilitate the orderly movement of traffic and to be reasonably safe. CITY COUNCIL RESOLUTION NO. 2014 - Page 2 of 2 3. The prima facie speed limits established by this Resolution shall become effective when appropriate signs giving notice thereof are erected upon the streets specified. 4. The City Engineer shall place and maintain signs and markings sufficient to notice such prima facie speed limits. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 24 day of June, 2014, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Natasha Johnson, Mayor City of Lake Elsinore ATTEST: Virginia Bloom, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Leibold, City Attorney City of Lake Elsinore EXHIBIT'A' AND TRAFFIC SURVEY 2013/14 ID Street From To 85th Percentile Speed Existing Speed Limit Recommended Speed Limit 1 2nd St. Camino Del Norte Dexter Ave. 33.7 45 MPH 35 MPH 2 Ardenwood Way Hwy. 74 Rosetta Cayon Dr. 35.6 Not Posted 35 MPH 3 Auto Center Dr. Franklin St. Mill St. 47.2 40 MPH 45 MPH 4 Auto Center Dr. Mill St. Diamond Dr. 43.9 40 MPH 45 MPH 5 ICanyon Hills Rd. Railroad Cyn. Rd. Hillside Dr. 46.4 45 MPH 45 MPH 6 ICanyon Hills Rd. Hillside Dr. Eastern City Limit 49.1 45 MPH 45 MPH 7 Corydon St. (WB Only) Western City Limit Mission Trail 47.3 40 MPH 45 MPH 8 1 Dexter Ave. Northern City Limit Hwy. 74 49.2 30 MPH 45 MPH 9 Dexter Ave. Hwy. 74 3rd St. 41.2 30 MPH 40 MPH 10 Diamond Dr./ Railroad Cyn. Rd. 1000' east of Grape Mission Trail 38.1 30 MPH 35 MPH 11 Diamond Dr. Mission Trail Malaga Rd. 39.3 35 MPH 35 MPH 12 Franklin St Avenue 6 Canyon Estates Dr. 40.0 35 MPH 40 MPH 13 Grand Ave. Machado St. Riverside Dr. 41.1 45 MPH 40 MPH 14 Grand Ave. Ortega Hwy. Eastern City Limit 45.8 45 MPH 45 MPH 15 Grape St. Railroad Cyn. Rd. Southern City Limit 48.5 45 MPH 45 MPH 16 Hillside Dr Canyon Hills Rd. Canyon Rim Dr. 41.2 Not Posted 40 MPH 17 Hillside Dr Canyon Rim Dr. Private Gates 44.3 Not Posted 40 MPH 18 Lake St. Walker Canyon Rd. Nichols Rd. 53.8 50 MPH 50 MPH 19 Lake St. Nichols Rd. Mountain St. 53.5 50 MPH 50 MPH 20 Lakeshore Dr. Machado St. Riverside Dr. 41.6 40 MPH 40 MPH 21 Lincoln St. Grand Ave. Northern Terminus 43.3 40 MPH 40 MPH 22 Lincoln St. Machado St. Grand Ave. 47.2 40 MPH 40 MPH 23 IMalaga Rd. Mission Trail Western Terminus 39.3 35 MPH 35 MPH 24 McVickers Cyn. Park Road Grand Ave. Spectra Dr. 44.6 25 MPH 40 MPH 25 Minthorn St. Collier Ave. Chaney St. 41.9 35 MPH 40 MPH 26 Mission Trail Malaga Rd. Olive St. 52.2 50 MPH 50 MPH 27 Mission Trail Olive St. Corydon St. 51.7 50 MPH 50 MPH 28 Railroad Cyn. Rd. Eastern City Limit 1 mile West of ECL 56.1 50 MPH 50 MPH 29 Railroad Cyn. 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M. CD -n v rn =3 �. t� c� O r rn v � O o 3 0 M 90 m � r o CD Q 0 rn n m o �. z CD r rn � O Cl) n 90 m � r rn C7 z �0 0 rn n m 0 z n O mn r X m m r Z O M m EXHIBIT B DESCRIPTION OF PROJECT The construction of streets and roadways within the corporate limits of the City of Lake Elsinore, which improvements are eligible costs payable from Revenues, including, Local Agency costs (or apportioned costs) for the projects listed below and related eligible infrastructure improvements, engineering, inspection, contract administration and other incidental costs and such other eligible projects as may be further specified by the City Manager of the Local Agency. • I-15 at Railroad Canyon southbound deceleration lane; • I-15/SR 74 Central Avenue interchange and ramps; • Avenue 7 road and sidewalk improvements (Avenue 7 to Mill Street at the Railroad Canyon Elementary School); • Main Street interchange intersection and road improvements; • Grand Avenue roadway project (in cooperation with County); • traffic signal installations (Canyon Hills Road and Sage Lane); • the Local Agency's arterial pavement rehabilitation program and road rehabilitation projects including, without limitation: • downtown Main Street from Lakeshore Drive to 1-15 and adjacent side streets; • Railroad Canyon Road from 1-15 to Fire Station; • Mission Trail Road from Malaga Road to Railroad Canyon Reservoir; • Lakeshore Drive from Railroad Canyon Reservoir to Main Street; • Grand Avenue from McVieker Canyon Park Road to Lake Street; • Main Street from I-15 to Heald Avenue; and • Gunnerson Street. 011SUSA:758206712.2 CITY OF int LADE LSII1OI.E --� ` DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: JUNE 24, 2014 SUBJECT: CAPITAL IMPROVEMENT PLAN FOR FY 2014-15 THROUGH 2018- 2019 Recommendation Staff recommends that City Council adopt Resolution 2014 — _ adopting the proposed 5 -year Capital Improvement Plan for fiscal years 2014-15 through 2018-19. Total capital improvement plan cost for FY 2014/15 is $25,363,120. Background By direction of the City Council, City staff updates and maintains a Five Year Capital Improvement Plan (CIP) in conjunction with the annual budget cycle. Included in the CIP are construction projects, facility improvements, and purchases. Utilizing input from Council, staff and the public, provided at the Budget Study session held on May 27, 2014; various projects were developed and proposed in this Cycle of the CIP. In compliance with Government Code 65401, the Planning Commission reviewed the City's program and found it in conformance with the City's General Plan. CIP Projects have been classified into two types of projects, Construction and Non - Construction CIP, and four categories: Circulation, Facilities, Infrastructure, and Parks. The Construction CIP are projects concerning major infrastructure or specific improvement projects. The Non -Construction CIP are major purchases by the City or recurring street improvements, studies, plans, or equipment (i.e., annual slurry seal, traffic lights, IT/Computer implementations, etc.). Discussion This CIP budget document was developed by incorporating input from the City Council and key management team members, based on community comments and feedback received throughout the year. This team then, through several internal workshops, identified and evaluated community needs in the areas of roads/streets, bridges, public Capital Improvement Plan for FY 2014-15 through FY2018-19 June 24, 2014 Page 2 buildings, parks and recreation facilities projects. Each proposed project was reviewed and discussed to ensure funding, timing, and necessity were appropriately addressed. An Operating Budget and CIP Budget workshop was held on May 27, 2014. This workshop provided the City Council with an overview of the major projects, and to receive public comments concerning the five-year program. All projects were evaluated by to ensure consistency with the City of Lake Elsinore General Plan, while considering the City's long-term vision as developed by the City Council. The Planning Commission considered the proposed CIP projects and adopted the attached Resolution finding consistency with the City's General Plan. Projects in this document have been scheduled in each of the five fiscal years based on community needs, as determined by the City Council and availability of funding. Additionally, since many projects in the CIP are conceptual in nature, the general outline for cost estimates provided in last year's CIP document was revised and utilized as shown on the Parameters for CIP Budget Cost page. The fiscal years 2015-19 CIP identifies a total of 65 projects consisting of 33 Circulation Projects totaling $15,187,332; 9 Facilities Projects totaling $5,415,027; 12 Infrastructure Projects totaling $3,655,000; and 9 Park Projects totaling $1,105,761. The total cost to complete all of the proposed projects is $25,363,120, of which $22,069,945 is programmed for FY 2014-15. Also of note, in this document, there are over $3 million in projects with unspecified funding sources. These projects have been identified as necessary infrastructure for the City, and will require that funding sources be identified before the projects can commence. Other key elements to the Capital Improvement Plan are: - Total Road Improvement Program (T.R.I.P. Measure A Sales Tax Bond) financing for $5,000,000 to $6,000,000 to fund Citywide Pavement Rehabilitation and other Street related capital projects. - Temescal Canyon Road — Bridge and Road Widening Phase 1 ($1,079,082) - Gunnerson Rehabilitation Phase 1 ($475,000) - Replacement of Play Equipment at City Parks ($450,000 — 3 parks) - Studies and Master Plan updates (Nexus, Master Drainage, Parks Master Plan, Facilities Plan, Alignment Study) - Several Interchange Projects, Traffic Signals, and other improvements are listed in more detail within the attached CIP document. Fiscal Impact The Capital Improvement Plan for Fiscal Year 2014-15 through 2018-19 includes improvements throughout the City. Funding sources include, but are not limited to, development fees from TIF and Area Drainage; grants including CDBG, Measure -A and Gas Tax; and assessment districts for specific project areas. Capital Improvement Plan for FY 2014-15 through FY2018-19 June 24, 2014 Page 3 Prepared by: Vince Damasse Director of Public Works Jason Simpson Director of AdministrativeS rvices Approved by: Grant M. Yates City Manager Attachment: City Council Resolution No. 2014 - Planning Commission Resolution No. 2014-22 FY2015-2019 Capital Improvement Plan Budget Project Summary by Type of Project RESOLUTION NO. 2014 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS 2014-15 THROUGH 2018-19. WHEREAS, the City of Lake Elsinore annually adopts and updates a long-range program of proposed capital improvement projects with single and multiple -year capital expenditures to guide the planning, scheduling and budgeting of capital improvement projects during the next five-year period; and WHEREAS, staff has prepared a proposed Capital Improvement Plan ("CIP") for Fiscal Years 2014-15 through 2018-19 which includes appropriations for each capital improvement project presented in the budget, with some projects spanning multiple fiscal years; and WHEREAS, on May 27, 2014 the City Council held a study session on the proposed budget for Fiscal Years 2014-15; and WHEREAS, the May 27, 2014 study session included discussions about the 2014- 15 to 2018-19 CIP; and WHEREAS, the proposed CIP for Fiscal Years 2014-15 through 2018-19 was submitted to the Lake Elsinore Planning Commission at its regularly scheduled public meeting of June 3, 2014; and WHEREAS, in accordance with Government Code Section 65401, the Lake Elsinore Planning Commission, by PC Resolution 2014-22, made a finding that CIP for Fiscal Years 2014-15 through 2018-19 conforms to the Lake Elsinore General Plan; and WHEREAS, the Planning Commission has caused to be transmitted to the City Council a copy of its report and resolution finding that the CIP for Fiscal Years 2014-15 through 2018-19 conforms to the Lake Elsinore General Plan; and WHEREAS, the proposed CIP for Fiscal Years 2014-15 through 2018-19 was submitted to the City Council at a noticed public hearing on June 24, 2014, which date precedes the beginning of the Lake Elsinore 2014-15 fiscal year; and WHEREAS, the City Council considered testimony and evidence presented at the public hearing on June 24, 2014, and reviewed the proposed CIP for Fiscal Years 2014- 15 through 2018-19 in light of all information presented. CITY COUNCIL RESOLUTION NO. 2014-_ Page 2 of 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council confirms and accepts the finding of the Lake Elsinore Planning Commission that the CIP for Fiscal Years 2014-15 through 2018-19 conforms to the Lake Elsinore General Plan. SECTION 2. The City Council finds that the CIP for Fiscal Years 2014-15 through 2018-19 demonstrates the efficient appropriation of public funds relating to the implementation of capital improvement projects anticipated to be undertaken throughout the City over the course of the ensuing five years. The City Council further finds that the CIP is a governmental fiscal activity which does not involve a commitment to a specific project that may result in potentially significant impacts on the environment and that the adoption of the CIP is not a "project' within the meaning of CEQA. Individual projects developed pursuant to the CIP will be subject to CEQA. SECTION 3. The CIP for Fiscal Years 2014-15 through 2018-19 is hereby approved and adopted. A copy of the CIP for Fiscal Years 2014-15 through 2018-19 hereby adopted and certified by the City Clerk, shall be filed with the City Manager or a designated representative, and a further copy so certified shall be placed and shall remain on file in the Office of the City Clerk where it shall be available for inspection. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 24th day of June, 2014, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Natasha Johnson, Mayor City of Lake Elsinore CITY COUNCIL RESOLUTION NO. 2014-_ Page 3 of 4 ATTEST: Virginia Bloom, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore CITY COUNCIL RESOLUTION NO. 2014-_ Page 4 of 4 STATE OF CALIFORNIA SS COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014-_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 24th day of June, 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Virginia J. Bloom, CMC City Clerk RESOLUTION NO. 2014-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT THE CAPITAL IMPROVEMENT PROGRAM CONFORMS TO THE LAKE ELSINORE GENERAL PLAN WHEREAS, the City Council of the City of Lake Elsinore ("City") has directed Staff to assemble a five (5) year program of capital improvement projects to be used as a guideline for construction of City facilities and infrastructure; and WHEREAS, this program of projects is collectively called the Capital Improvement Program; and WHEREAS, the list of construction projects and improvements either enhances existing facilities or provides for new facilities in accordance with the guidelines and requirements contained in the Lake Elsinore General Plan; and WHEREAS, staff has reviewed all projects both funded and unfunded and finds them to be consistent with the guidelines set forth in the Lake Elsinore General Plan; and WHEREAS, pursuant to California Government Code Section 65401, the Planning Commission, as a recommending body, must make a finding that proposed capital projects conform with the Lake Elsinore General Plan; and WHEREAS, the Planning Commission shall submit a report to the City Council regarding the capital projects conformity with the general plan in accordance with California Government Code Section 65401; and WHEREAS, the Planning Commission has considered evidence presented by the Public Works Department, the Community Development Department and other interested parties at a public meeting held on June 3, 2014, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the capital improvement projects and has determined that the Capital Improvement Program conforms to the Lake Elsinore General Plan based upon the following findings: 1. The Capital Improvement Program is consistent with the policies and restrictions of the City's 2011 General Plan and facilitates upgrades and improvements to existing facilities and related amenities throughout the various element of the General Plan, thereby enhancing the quality of life in Lake Elsinore. 2. The Capital Improvement Program includes master plan studies which provide for organized development of future facilities appropriate to the various elements of the General Plan, thereby enhancing the quality of life in Lake Elsinore. Planning Commission Approved June 3, 2014 Page 9 of 16 PLANNING COMMISSION RESOLUTION NO. 2014-22 PAGE 2 OF 3 SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of June 2014, by the following vote: ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager Planning Commission Approved June 3, 2014 David Blake, Chairman City of Lake Elsinore Planning Commission Page 10 of 16 PLANNING COMMISSION RESOLUTION NO. 2014-22 PAGE 3 OF 3 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014-22 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 3t11 day of June 2014, and that the same was adopted by the following vote: AYES: CHAIRMAN BLAKE, VICE CHAIRMAN GRAY, COMMISSIONER JORDAN, COMMISSIONER MORSCH, COMMISSIONER O'NEAL NOES: NONE ABSTAIN: NONE ABSENT: NONE Planning Commission Approved June 3, 2014 -r Richard J. 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