Loading...
HomeMy WebLinkAboutCC & SA Regular Agenda Packet 08-11-2015alr LsF i,[31(E LSII`i(`1 E City of Lake Elsinore Regular Agenda Successor Agency STEVE MANOS, CHAIR BRIAN TISDALE, VICE -CHAIR NATASHA JOHNSON, AGENCY MEMBER DARYL HICKMAN, AGENCY MEMBER ROBERTMAGEE, AGENCY MEMBER GRANT YATES, EXECUTIVE DIRECTOR LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, August 11, 2015 7:00 PM Cultural Center CLOSED SESSION - None PUBLIC SESSION at 7:00 PM Cultural Center 183 N. Main St., 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 8/6/2015 Successor Agency Regular Agenda August 11, 2015 CALL TO ORDER - 7:00 P.M. ROLL CALL PRESENTATIONS I CEREMONIALS - None PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE (Please read & complete a Request to Address the Successor Agency form prior to the start of the meeting and tum it in to the Clerk. The Chair or Clerk 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.) 1) ID# 15-709 Approval of Minutes Recommendation: It is recommended that the Successor Agency approve Minutes as submitted. Attachments: SA Staff Rpt Minutes for Approval pdf SA Minutes 7-28-2015.pdf PUBLIC HEARING(S) - None APPEAL(S) - None BUSINESS ITEM(S) - None ADJOURNMENT The Lake Elsinore Successor Agency will adjourn this meeting to the next regularly scheduled meeting of Tuesday, August 25, 2015. The regular Closed Session meeting will be held at 5:00 p.m. at the 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. AFFIDAVIT OF POSTING I, Diana Giron, Acting Agency 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. Diana Giron, Acting Agency Clerk City of Lake Elsinore Page 2 Printed on 81612015 City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org Text File File Number: ID# 15-709 Agenda Date: 8/11/2015 Version: 1 Status: Approval Final In Control: Successor Agency File Type: Report Agenda Number: 1) City of Lake Elsinore Page 1 Printed on 8/6/2015 C t'IY OF DREAM REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: Honorable Chair and Members of the Successor Agency FROM: Diana Giron, Agency Clerk DATE: August 11, 2015 SUBJECT: Approval of Minutes Recommendation It is recommended that the Successor Agency approve Minutes as submitted. Discussion The following minutes are submitted for approval: a. Regular Successor Agency meeting of July 28, 2015 Prepared and Submitted by: Diana Giron Acting City Clerk Approved by: Grant Yates Executive Director Attachment: Draft Minutes of July 28, 2015 CITY OF ..orn. - - .._.._ Llll`E I,S11yC:)I�E City of Lake Elsinore Meeting Minutes Successor Agency STEVE MANOS, CHAIR BRIAN TISDALE, VICE -CHAIR NATASHA JOHNSON, AGENCY MEMBER DARYL HICKMAN, AGENCY MEMBER ROBERT MAGEE, AGENCY MEMBER GRANT PATES, EXECUTIVE DIRECTOR Tuesday, July 28, 2015 7:00 PM CALL TO ORDER - 7:00 P.M. Chair Manos called the meeting to order at 7:58 p.m. ROLL CALL LAKE-EL.SINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 PRESENT: Agency Member Hickman, Agency Member Johnson, Agency Member Magee, Vice Chair Tisdale, and Chair Manos Also present: Executive Director Yates, Agency Counsel Leibold, Community Development Director Taylor, Interim Public Works Director Smith, Fiscal Officer Buckley, Police Chief Hollingsworth, Fire Chief Newman, and Deputy City Clerk Giron PRESENTATIONS I CEREMONIALS - None PUBLIC COMMENTS — None CONSENT CALENDAR 1) ID# 15-684 Approval of Minutes Attachments: SA Staft Rut Minutes for Approval SSA 7-14-2015 Minutes 2) ID# 15-685 Warrant List Dated July 16 2015 Attachments: Warrant List for RDV Agency 07 28 15 Cultural Center SA RDA Warrant_ Summary 07 16 15.pdf SA RDA Warrant List 07 16 15.pd( It is recommended that the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Warrant List dated July 16, 2015. 3) ID# 15-686 Resolution Confirming Fiscal Year 2015-16 Special Taxes for CFD No 90-2 (Tuscany Hi is Public Improvements) City or Lake Elsinore Page 1 Successor Agency Meeting Minutes July 28, 2015 Attachments: StaffReport for July 28 2015 CC CFD 90-2 SA2 SA Reso CFD 90-2 SA2 072815 It is recommended that the City Council as the Successor Agency to the Redevelopment Agency of the City of Lake Elsinore adopt a resolution requesting the Tax Collector of the County of Riverside to place special taxes on properties within CFD No. 90-2 for Fiscal Year 2015-16. Motion by Agency Member Hickman, second by Vice Chair I isdale, to approve the Consent Calendar, passed by unanimous vote as follows: AYES Agency Member Hickman, Vice Chair Tisdale, Agency Member Johnson, Agency Member Magee, and Chair Manos NOES None ABSENT: None ABSTAIN: None PUBLIC HEARING(S) - None BUSINESS ITEM(S) 4) Ib# 15-687 Resolution of the Board of Direcrtors of the Successor Agency to the Redevelopment Agencv of the City of Lake Elsinore Approving the Form of the Preliminary Official Statement for the 2015 Bonds to Deem it Final Under Rule 15c2-12, Approving a Continuing Disclosure Certificate and Irrevocable Refunding Instructions Relating to the 2015 Bonds and Authorizing Certain Other Actions in Connection Therewith Attachments: Lake Elsinore (Successor Agency) 2015 Ref TABS Staff Report.1 DOCSOC 1704409v6 - SA Resolution Approving POS POS - Lake Elsinore 2015 TAB Refunding It is recommended that the Successor Agency Adopt Resolution No. SA -2015-004 approving the form of the Preliminary Official Statement, Continuing Disclosure Certificate, and authorizing certain other actions in connection therewith. Fiscal Officer Buckley introduced John Kim, Bond Underwriter. Mr. Kim provided an overview of the staff report and recommendation. He explained the transaction is to refinance approximately $7.2 million of two (2) outstanding bond issues completed in 2011. Based on the current market conditions, it is anticipated that over the life of the remaining bonds there will be approximately $2.1 million of overall savings generated that can be used to distribute among various taxing entities such as the school district, City, and other entities in the area. With this refinancing there will not be any change to the original final maturity of term of the 2011 bonds. Mr. Kim stated they expect the bonds to go to the market in the middle of August and to close and set interest rates by the end of August. City of Lake Elsinore page 2 Successor Agency Meeting Minutes Motion by Vice Chair Tisdale, second by Agency Member Johnson, to adopt Resolution No. SA -2015-004 a Resolution of the Successor Agency to the Redevelopment Agency of the City of Lake Elsinore, California, Approving the Form of the Preliminary Official Statement for the 2015 Bonds to Deem it Final Under Rule 15c2-12, Approving a continuing Disclosure Certificate and Irrevocable Refunding Instructions Relating to the 2015 Bonds and Authorizing Certain Other Actions in Connection Therewith. July 28, 2015 Mayor Manos asked Mr. Kim to explain the action taken by the Successor Agency and why the Agency is taking this action. Mr. Kim explained that the prior Redevelopment Agency had issued debt for economic development activities throughout the City and around the lake. A couple of transactions issued in 2011, approximately $10 million in total, that were used for economic development projects. With the dissolution of redevelopment there is no more availability for additional projects, but there is still an opportunity to refinance the existing debt that the prior Redevelopment Agency issued. Mr. Kim stated that by refinancing the existing debt for a lower interest rate it creates more property tax savings that will go back into the community. Agency Counsel Leibold explained the purpose of the redevelopment dissolution is to lower the obligations on the Agency's ROPS (Recognized Obligation Payment Schedule). To the extent that the Agency can reduce the obligations paid with the RPTF (Real Property Trust Fund), that savings is passed on and distributed to all the affected taxing entities, which includes the school district, the City, and water district. The motion passed by unanimous vote as follows: AYES Vice Chair Tisdale, Agency Member Johnson, Agency Member Hickman, Agency Member Magee, and Chair Manos NOES None ABSENT: None ABSTAIN: None ADJOURNMENT Chair Manos adjourned the Successor Agency meeting at 8:04 p.m. to the next regularly scheduled meeting of Tuesday, August 11, 2015. Steve Manos, Chair Diana Gir6n, Deputy Agency Clerk City Of Lake Elsinore Page 3 CITE LAKE ? '21SMORI M-EAM. EXTRE1v r r� Name: Organization Represented: REQUEST TO ADDRESS THE CITY COUNCIL (P/ease submit to the City Clerk prior to meeting) Address 2 Print I C. Phone ► I wish to address Agenda Item No. _ (comments limited to 3 minutes) ► I wish to comment on the following non agendized item at the beginning of the meeting: (Comments limited to 1 minute) ► 1 wish to comment on the following non agendized item at end of meeting: (Comments limited to 3 minutes) Date The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Iterns speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY OF LAI.QE LSINOP E- S., DREAM EXTPEM-E REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: Organization Represented: lease Print T ress ► 1 wish to address Agenda Item No. . (comments limited to 3 minutes) ► I wish to comment on the following non agendized item at the beginning of the meeting: (comments limited to 4 minute) ( IE-:�- ► I wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) 1 ate Signatur The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Nan-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY OF LAKE LS 1 X-- '. Ditt:AM F -X irmty r Name: REQUEST TO ADDRESS THE CITY COUNCIL (please submit to the City Clerk prior to meeting) Organization Represented: V G " Please Print �G -jLA j ji i 0. Address Phone P- I wish to address Agenda Item No. — (comments limited to 3 minutes) I wish to comment on the following non agendized item at the beginning of the meeting: (Comments limited to 1 minute) ► I wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) r �F, Date Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items' and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY -d. LAEL 1A0�E DRCAM- EXTP-EME jN Name: Organization Represented: REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Address Please Print Phone lip., I wish to address Agenda Item No. _ (Comments limited to 3 minutes) ► I wish to comment on the following non agendized item at the beginning of the _meeting., (Comments limited to 1 minute) �/l�D�44 Z,/ C� 0. 1 wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) Date .� _ Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! REQUEST TO ADDRESS THE CITY COUNCIL (please submit to the City Clerk prior to meeting) Name: ze�,k -7- 1 -f—► -r ri/. �' Please Print Organization Represented: Address Phone ► I wish to address Agenda Item No. - . (Comments limited to 3 minutes) ► I wish to comment on the following non-agendized item atthe beginning of the meeting: (Comments limited to 1 minute) ► I wish to comment on the following non- a endized item at end of meeting'. (Comments limited to 3 minutes) - I - /'Y _- Date Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY P- G, LAVE &LS1110R.-E 3 "41 r! Dt�EAM EXTREME REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: Please Print Organization Represented: Phone ► I wish to address Agenda Item No. . (comments limited to 3 minutes) ► I wish to comment on the following non-agendized item at the beginning of the meeting: (Comments limited to 1 minute) ► I wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) Zt Date r` 1 Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! I CITY 0 LAK .E. LSIAORE. DREAM EXTREME REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: / lease Print Organization Represented: Address Phone ► I wish to address Agenda Item No. (Comments limited to 3 minutes) ► I wish to comment on the following non-agendized item atthe beginning of the meetin : (Comments limited to I minute) ► I wish to comment on the following non -a endized item at end of meeting: (Comments limited to 3 minutes) Date Z9 nature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting)_ After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! Name: Organization represented: ,- . P � e", fy�J4 rn e- +he 6's- d- _�> pec?l�ez, REQUEST TO ADDRESS THE CITY COUNCL (Please submit to the City Clerk prior to meeting) 3 Address ► I wish to address Agenda Item No Please Print qe,l-6aC1�-�0 Phone (Comments limited to 3 minutes) ► I wish to comment on the following non- igen dized item at the beginning of the meeting: (Comments limited to 1 minute) I wish to comment on the following non -a endized item at end of meetin : (Comments limited to 3 minutes) ( _P Date Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Nan-Agendized items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY C)Fj LAKE �A � DREAM �XTREME *H REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk.prior to meeting) � t Name: Please Print Organization Represented: Address Phone ► I wish to address Agenda Item No. — (comments limited to 3 minutes) ► I wish to comment on the following non agendized item at the beginning of the meeting: (comments limited to 1 minute) ► I wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) A-- Date Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! AGENDA COVER SHEET MEETING OF , ,-. 5<-r City Council 71 Redevelopment Agency F-1 Other DEPARTMENT:,n�fI�' CONSENT: APPEAL _ BUSINESS: RESOLUTION: = ORDINANCES = PUBLIC HEARING ATTACHMENTS: �L� 8o ,? nr L L"S-C 0-11L ci J -30 -Is 5�Report emailed to Clerk ■ a ■ a a a a ■ ■ ■ a ■ ■ ■ a a ■ ■ ■ ■ ■ a ■ ■ ■ ■ a ■ ■ ■ a ■ ■ a a a a a ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ a ■ ■ a ■ ■ ■ ■ a ■ ■ ■ ■ a ■ ■ ■ ■ ■ ■ a a a FOLLOW UP DIRECTION: 1 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a z a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 0 Submitted by: Date: f�i11� Approved by: Department Head: Date: Finance Director: Date: City Manager: Date: CITY OF LADE 00e LS I HOSE DREAM EXTREME �TN REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: AUGUST 11, 2015 SUBJECT: WARRANT LIST DATED JULY 30, 2015 Recommendation It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated on July 30, 2015. Discussion The warrant list is a listing of all general checks issued since the prior warrant list. Prepared By: Frances Ramirez r P Account Specialist II ` +� Reviewed By: Jason Simpson Administrative S ices Director Approved By: Grant Yates City Manager Attachments: Warrant List 7-30-15 .DULY 20, 2015 0TY OF ;LAIKE ELSINORE WARRANT SUMMARY FUND# FUND DESCP111110N TOTAL 100 GENERAL FUND $ 2,329,684.83 110 STATE GAS TAX FUND 10,448.10 118 LAKESIDE FACILITIES DIF FEE FUND 16,672.05 121 TOTAL ROAD IMPROVEMENT PROGRAM FUND 3,795.25 130 LIGHTING/LANDSCAPE MAINTENANCE FUND 120,025.55 135 L.L.M.D. NO. 1 FUND 4,267.80 155 NATIONAL POLLUTANT DISCHARGE ELIMINATION 90.00 305 INFORMATION SYSTEMS 10 787.130 310 _ SUPPORT SERVICES 363.05 315 FLEET 20,420.34 320 FACILITIES 22,632 50 332 C.F.D. 2006-1A SUMMERLY IMPROVEMENT AREA B DEBT SERVICE FUND 105.27 345 C.F.D. 2003-2D CAYNON HILLS IMPROVEMENT AREA D DEBT SERVICE FUND 105.26 347 C.F.D. 2006-1A SUMMERLY IMPROVEMENT AREA A DEBT SERVICE FUND 105.27 348 C.F.D. 2003-2C CANYON HILLS IMPROVEMENT AREA C DEBT SERVICE FUND 105.26 349 C.F.D. 88-3 WEST LAKE ELSINORE DEBT SERVICE FUND 105.26 350 C.F.D. 98-1 SUMMERHILL DEBT SERVICE FUND 105.26 357 C.F.D. 2003-2A CANYON HILL IMPROVEMENT AREA A DEBT SERVICE FUND 105.26 366 C.F.D. 2005-6 CITY CENTER TOWNHOMES DEBT SERVICE FUND 105.27 368 C.F.D. 2006-2 VISCAYA DEBT SERVICE FUND 5,305.27 369 C.F.D. 2004-3-1 ROSETTA CANYON IMPROVEMENT DEBT SERVICE FUND 105.26 371 C.F.D. 2005-1 SERENITY DEBT SERVICE FUND 105.26 372 C.F.D. 2005-2A ALBERHILL RANCH IMPROVEMENT DEBT SERVICE FUND 105.27 384 C.F.D. 2003-2 CANYON HILLS IMPROVEMENT AREA B DEBT SERVICE FUND 105.26 385 C.F.D. ROSETTA CANYON IMPROVEMENT DEBT SERVICE FUND 105.26 389 _2004-3-2 C.F.D. 88-3 SERIES A FUND 105.26 390 C.F.D, 2003-2 CANYON HILLS IMPROVEMENT AREA C _ 105 26 392 C.F.D. 95-1 CIVIC CENTER FUND 105.26 393 AD 93-1 COTTONWOOD HILLS FUND 105.26 394 C.F.D. 2005-5 WASSON CANYON FUND 105.27 500 CAPITAL IMPROVEMENT PLAN 485,197.11 540 SARDA DIAMOND STADIUM FUND 30,953.86 608 TRUST DEPOSITS 39,749.00 620 COST RECOVERY TRUST DEP 54,983.37 851 GENERAL FIXED ASSET GROUP FUND 1,511.72 $ 3,158,782.13 GRAND TOTAL 8/4/2015 Warrant 07 30 15 City 1 of 6 ,JULY 30, Cors CITY OF SLAKE ELS111 dORIE WARRANT LIST CHECK46 VENDOR NAME AMOUNT 6965 INTERNAL REVENUE SERVICE $ .66,590.09. 6977 FRANCHISE TAX BOARD ..1135144_. 122728 CALPERS 5918531_. 122729 RIVERSIDE COUNTY SHERIFF 32500 122730 STATE DISBURSEMENT UNIT _ 22477. 122731 SUZETTE E. OROZCO _. 37891_._ 122732 CALPERS _10214442... 122733 EMPLOYMENT DEVELOPMENT DEPARTMENT _886867. 122734 I.C.M.A. RETIREMENT TRUST ..369663 _ 122735 INTERNAL REVENUE SERVICE 54 862.59 122736 JONATHAN S. MONAT _233724.. 122737 UNITEDWAY- INLAND VALLEY 105.00 122738 ABBA TERMITE AND PEST CONTROL, INC. _ 19500_ 122739 ACCOUNTEMPS 431375_ 122740 AIR EXCHANGE, INC. _ __. 70438.. 122741 ALLEGRA MARKETING PRINT MAIL 264.60 122742 ALPINE WATER _. _ 16512_ 122743 AMERICAN MATERIAL CO. ___.. _ 97378.. 122744 APPLE ONE _ _..... _ 199080_ 122745 _.. ARC _. ...._.102149... 122746 BERGERABAMINC. 480000_ 122747 CAPIO ___. 22500... 122748 COMPUTER ALERT SYSTEMS, INC. _. _146400_ 122749 CORELOGIC SOLUTIONS, LLC 13050 122750 COUNTY OF RIVERSIDE _ _ .102200_ 122751 CT WEST, INC. _. _ _.825768.. 122752 DOWNS COMMERCIAL FUELING INC. _ 295 98_. 122753 EAGLE LENS PHOTOGRAPHY _.... 85000 122754 EWING_. _ 294.05.. 122755 FALCON ENGINEERING SERVICES, INC. _._ 891000 122756 FEDERAL EXPRESS CORPORATION 121.79 122757 MELISSA FOWLER _. 5626__ 122758 LAURA GALLEGOS 3000_ 122759 GMS ELEVATOR SERVICES, INC. _ 87.50 122760 HELIX ENVIRONMENTAL PLANNING 97.53 122761 IMPACT PROMOTIONAL PRODUCTS 56354.. 122762 INT'L COUNCIL OF SHOPPING CENTERS 5000 122763 JOHN DEERE LANDSCAPES 442.64 122764 JOHNSON EQUIPMENT CO. 44820_ 122765 JOHNSON MACHINERY CO. 49773_ 122766 KJ SRVCS ENVIRONMENTAL CONSULTING _ 1285975. 122767 LORENZ& JONES MARINE DIST 4228_. 122768 STEVE MANOS __ 22402_ 122769 MICHAEL PAUL MAPLES 2757425_ 122770 MENIFEE VALLEY CHAMBER OF COMMERCE 3500. 122771 MORROW PLUMBING, INC. _ _.. 95271._. 122772 MORROW PLUMBING, INC. _ 103.46_ 122773 POLAR EXPRESS HEATING AND AIR CONDITIONING _ _. 450.00 122774 THE PRESS ENTERPRISE 55200. 8/4/2015 Warrant 07 30 15 City 2 OF 6 DULY 30, 2015 CITY OF LAIK E 'ELSll NORIE W ARRAN T CIS r CHECK# VENDOR NAME. AMOUNT 122775 PRUDENTIAL OVERALL SUPPLY 174.01_ 122776 PYRO-SPECTACULARS 1750000_ 122777 RAIN MASTER IRRIGATION SYSTEMS _ _ _ 32265 122778 RIGHTWAY SITE SERVICES, INC. 1 39774.. 122779-122780 ROBBINS PEST MANAGEMENT, INC. _ 145500 122781 ROBLES MEDIA CORPORATION _ 483.89 122782 ROW TRAFFIC SAFETY, INC. _.. _ 1,320 56_. 122783 RUTAN & TUCKER, LLP 368 50_ 122784 STEPHANIE C. SANGES 5,310.00 122785 SOUTHWEST ICE MACHINES _ 53918, 122786 STK ARCHITECTURE, INC. 6695772._ 122787 SUSTAINABLE CIVIL ENG SOLUTIONS, INC. .38197 50_ 122788 TEAM AUTOAID, INC. _. _. 28874_ 122789 TYLER TECHNOLOGIES, INC. 15625 122790 VILLA ROOT BARRIER 47520... 122791 VILLAGE EQUIPMENT RENTALS, INC. 9900_ 122792 VISTA PAINT CORPORATION _. 40262.. 122793 WAXIE SANITARY SUPPLY _. 130605 _ 122794 EMPLOYMENT DEVELOPMENT DEPARTMENT _. 2733._ 122795 INTERNAL REVENUE SERVICE 354.77 122796 AMERICAN ASPHALT SOUTH, INC. 31,530.60 122797 ARAMEXX GROUP, INC. _ _ 752915_ 122798 BENS ASPHALT, INC. 1129150.. 122799 CALIFORNIA BUILDING OFFICIALS _. ...5,18000__ 122800 CAL-KOOL AIR CONDITIONING 605000_ 122801 CALIPERS _. 10000_ 122802 CORELOGIC SOLUTIONS, LLC _.. 47500. 122803 DEPARTMENT OF TOXIC SUBSTANCE CONTROL _ 230.00 _ 122804 CAROLE DONAHOE A. I.C.P. _ ...285000.. 122805 D -PREP, LLC _ 12900.. 122806 E S BABCOCK & SONS, INC. 825.00 122807 EXCEL LANDSCAPE, INC. _. _. 2377500. 122808 EXPRESS DRY CLEANERS 2115 122809 FALCON ENGINEERING SERVICES, INC. _ .1880630__ 122810 GLADWELL GOVERNMENTAL SERVICES, INC. .400000 122811 KPA,LLC _. _ _ .__200600_ 122812 MANPOWER TEMP SERVICES .._934410__ 122813 MORROW PLUMBING, INC. _ 10559_ 122814 MORROW PLUMBING, INC. _ 9424.. 122815 THE PRESS ENTERPRISE _. 86760_. 122816 RANCHO REPROGRAPHICS, INC. _ __. 20628. 122817 RIGHTWAY SITE SERVICES, INC. _ _ 113.60 _ 122818 SOUTHERN CALIFORNIA EDISON CO. _ 964.86 122819-122827 SOUTHERN CALIFORNIA EDISON CO. _ 73,073.83 122828 STK ARCHITECTURE, INC. .16672.05. _ 122829 SUN PAC CONTAINERS 125.00 122830 TRI -STAR ELECTRIC .800000 122831 UNITED PARCEL SERVICE _.. _ _ 3962. 122832 VCS ENVIRONMENTAL 897.50 8/4/2015 Warrant 07 30 15 City 3 OF 6 JULY3o,2:015 cl-ry OF LAKE ELSINORE WARRANT LIS( CIiECK# VENDOR NAME, AMOUNT 122833 VERIZON WIRELESS (#4) _. 316.61 122834 VERIZON WIRELESS (#5) 20072.. 122835 WEST COAST ARBORISTS, INC. 586570._ 122836 WEST COAST LIGHTING & ENERGY, INC. 101 87394 122837 WILLDAN .1951500._ 122838 ZBEST BODY & PAINT SHOPS, INC. _.252074.. 122839 A.P.W. TAEKWONDO 472.50 122840 AGUILAR CONSULTING, INC. _. 3361477_ 122841 AMERICAN FORENSIC NURSES _ 675.00 122842 ANIMAL FRIENDS OF THE VALLEY 58,920.00 122843 APPLE ONE 52920_ 122844 BEN'S ASPHALT, INC. _ 27963.00. 122845 BMW MOTORCYCLES OF RIVERSIDE 934.30 122846 BUREAU VERITAS NORTH AMERICA, INC. 532.00 122847 CALIFORNIA STATE CONTROLLERS OFFICE _. 100.00 122848 CALIFORNIA STATE DEPARTMENT OF JUSTICE 700.00 122849 CALIPERS (109,62364). 122849 CALPERS __. 1.0962364_ 122850 CBI SYSTEMS LTD 9000 122851 COLONIAL LIFE _ 80401_ 122852 DATA QUICK INFORMATION SYSTEMS, INC. _ _ _ 261.00 122853 CAROLE DONAHOE A.I.C.P. _ __.198750_ 122854 DOWNS COMMERCIAL FUELING, INC. 2,724.18 122855-122859 E. V. M. W. D. _ _7801458_ 122860 ECONOMIC DEVELOPMENT AGENCY OF RIVERSIDE _COUNTY _ _.9,92825_ 122861 ELSINORE VALLEY MUNICIPAL WATER 112.50 122862 ENVIROMINE 23250_. 122863 EXCEL LANDSCAPE, INC. _ 1,906.00 122864 FEDERAL EXPRESS CORPORATION _ 32.17 122865 GALLS, LLC _ _ 18151_ 122866 GAMETIME _9599094_ 122867 HARTZOG & CRABILL, INC. _ 1,495.00 122868 I.C.M.A. RETIREMENT TRUST _. ..1337393.. 122869 JIVE COMMUNICATIONS, INC. _ 200560 122870 JOBS AVAILABLE, INC. _. 39000._ 122871 LAKE ELSINORE TIRE &AUTO, INC. _ 14904._ 122872 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE _ 4,333.00 122873 LEGAL SHIELD 15540.. 122874 LIUNA LOCAL 777 (182730)_ 122874 LIUNA LOCAL 777 _. __. 1827.30.. 122875 LORENZ& JONES MARINE DIST. _...... 4228.. 122876 LOWE'S HOME CENTERS INC. _. 171.96. 122877 MORROW PLUMBING, INC. _ 13641_ 122878 NEXTEL COMMUNICATIONS 9995__ 122879 OTTE-BERKELEY GROUPE, INC. __. _ 1,29400_ 122880 PRODUCTION VIDEO _500000.. 122881 PROTECTIVE BUNKERS, INC. _.. .845424_ 122882 PRUDENTIAL OVERALL SUPPLY 17401 122883 QUICK CRETE PRODUCTS CORP. _ _1591272__ 8/4/2015 Warrant 07 30 15 City 4 OF 6 JULY 30, 2015 CITY OF LAKE C,LS][T?iO,RE WARRANT LISP Cl ECK11 VENDOR NAME AMOUNT 122884 RIGHTWAY SITE SERVICES, INC. _ _. 124.26 _ 122884 RIGHTWAY SITE SERVICES, INC. (12426) 122885 RIVERSIDE COUNTY INFORMATION TECH _ 1,286.04 122886 RIVERSIDE COUNTY SHERIFF 858223.79.. 122887 RIVERSIDE COUNTY EXECUTIVE OFFICE 1,956.00 122888 ROW TRAFFIC SAFETY, INC. .110400_ 122889 RUTAN & TUCKER, LLP _358450_ 122890 SOLAR CITY 21132_ 122891 SOLCIUS, LLC 21423_ 122892 STANDARD INSURANCE COMPANY _ 12 491 72.. 122893 STEWART TITLE OF CALIFORNIA _. 700.00 122894 TASC __.. _(2188.50). 122894 TASC _.. __.... _2,188.50_ 122895 TEAM AUTOAID, INC. _ _ 50017 122896 UNITED WAY - INLAND VALLEY (15.00) 122896 UNITED WAY -INLAND VALLEY _ 1500. 122897 URBAN CROSSROADS, INC. _ 927000_. 122898 VERIZON WIRELESS (#11) _ 12889_ 122899 VERIZON WIRELESS (#9) _ 7602_ 122900 VISION SERVICE PLAN __. 1,335.72 122901 ACCOUNTEMPS _ .___607760.. 122902 ALBERT WEBB & ASSOCIATES _. 20,043.52 122903 ALLEGRA MARKETING PRINT MAIL _ _ _ 51840. _ 122904122905 CALIFORNIA TAX DATA _ __2,00000 122906 CALVADA SURVEYING, INC. _ _.._ _ .270000_ 122907 CDW GOVERNMENT, INC. _. 1,963.87 122908 CENTURY LINK _.. _ 3762_ 122909 CHRISTIANSEN AMUSEMENTS, INC _ _. _ 1,000.00 122910 DELL MARKETING, LP _. _ 2 722 96... 122911 ANGELA DIAZ __ ___ 75000_ 122912 DOWNS COMMERCIAL FUELING, INC. __. 4131.54 122913-122914 E. V. M. W D _. _ .... _ 21 812.49 122915 EXCEL LANDSCAPE, INC. _.. _ _.6310080. 122916 FILARSKY&WATT,LLP 379456_ 122917 HAZZARD BACKFLOW CO. _ .__183936_ 122918 HDL COREN&CONE 59500 122919 HEMET FENCE COMPANY _ 1,800.00 122920 HOME DEPOT _ _.. 50000_ 122921 LE&SJWA _ __.._ _. __ __2000000__ 122922 LOWE'SHOME CENTERS, INC. _ _. 2051.. 122923 MORROW PLUMBING, INC. _ _. 381.64 122924 _ PROSTAFF, LLC _ _ _ 85500_ 122925 RIVERSIDE COUNTY SHERIFF _ _._979386_ 122926 ROW TRAFFIC SAFETY, INC 514.51._ 122927 ROYAL PLYWOOD COMPANY, LLC 5,022.00 122928 SHRED -IT USA, LLC _.. _ _ 8400_ 122929 SMART &FINAL ___ 10270. 122930 SOUTHERN CALIFORNIA GAS CO. _ 286.72 122931 STAPLES CREDITPLAN _ _ 42009.. 8/4/2015 Warrant 07 30 15 City 5 OF 6 JULY 30,2.015 0TY OF iLAKE rLSINORE WARRANT LIST CHLCK4 45998__ VENT)OR NAME AMOUNT 122932 TIME WARNER CABLE 1,529.34 122933 VERIZON- INTERNET 45998__ 122934 VERIZON CALIFORNIA 472.85 122935 WAXIE SANITARY SUPPLY 96253_ 122936 WEST COAST ARBORISTS, INC. 5,050.60 122937 WILLIAMS BAIT &TACKLE, INC. _671700. 122938 X -FACTOR MARINE 352800__ 122939 AMERICAN EXPRESS -CORP. PURCHASING 3801 13 122941 ASSOC OF ENVIRONMENTAL PROFESSIONAL _ 15000_ 122942 CATHERYNE BARROZO 138096__ 122943 ENVIRONMENTAL SCIENCE ASSOCIATES _..2606475 122944 FEDERAL EXPRESS CORPORATION _ 1701.. 122945 THE L.I.U. OF N.A. ...373509_ 122946 LIUNA LOCAL 777 1,173 00_ 122947 THE PRESS ENTERPRISE _ __. _ 64080. 122948 RIGHTWAY SITE SERVICES, INC. _ 62.13 122949 SUSTAINABLE CIVIL ENG SOLUTIONS, INC. _. _ 6,075.00 122950 URBAN FUTURES, INC. _ _. .2194000_. 122951 WELLS FARGO INSURANCE SERVICES USA, INC. _ 3,333.32 DFT0000018 REGIONAL CONSERVATION AUTHORITY _ 3,255 30 DFT0000019 LAKE ELSINORE STORM, LP _ _ _29 989 00.. DFT0000021 ORANGE COAST TITLE COMPANY 400.00 DFT0000022 ORANGE COAST TITLE COMPANY 400.00 DFT0000023 ORANGE COAST TITLE COMPANY _ _. _.. _ 400.00 DFT0000024 ORANGE COAST TITLE COMPANY _ 40000__ DFT0000025 ORANGE COAST TITLE COMPANY _ _. _. 400.00 DFT0000026 ORANGE COAST TITLE COMPANY _ 40000 DFT0000027 ORANGE COAST TITLE COMPANY _ 400.00 DFT0000028 ORANGE COAST TITLE COMPANY_ ...... _.. _...... _.... 40000_ DFT0000029 ORANGE COAST TITLE COMPANY _. _ __. 40000 DFT0000030 ORANGE COAST TITLE COMPANY _. 40000.. DFT0000031 ORANGE COAST TITLE COMPANY 400.00 DFT0000032 ORANGE COAST TITLE COMPANY 40000. DFT0000033 ORANGE COAST TITLE COMPANY _ 400.00 DFT0000034 WESTERN RIVERSIDE COUNCIL OF GOVT'S 328,301 00 _ DFT0000035 FIRST AMERICAN TITLE INS. CO. 1,511 72_ DFT0000036 WELLS FARGO BANK, N.A. _ 3,79525 DFT0000037 BANK OF AMERICA, N. A. ..153889_ DFT0000038 CAMBERN & CENTRAL INVESTORS, LLC _ 2.9381850. DFT0000040 MICHAEL PAUL MAPLES _ 5514850.. DFT0000074 CALPERS 31,416.63 WARRANT TOTAL 3,158,782.13 PAY. DATE GRAND TOTAL $ 3,158,782.13 8/4/2015 Warrant 07 30 16 City 6 OF 6 C 4l y b r ,raa� A E. L LSITI 0, i £ City of Lake Elsinore Regular Agenda City Council STEVE MANOS, MAYOR BRIAN TISDALE, MAYOR PRO TEM DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER NATASHA JOHNSON, COUNCIL MEMBER GRANT YATES, CITY MANAGER LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, August 11, 2015 7:00 PM Cultural Center CLOSED SESSION at 5:00 PM PUBLIC SESSION at 7:00 PM Cultural Center 183 N. Main St., 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 VISION STATEMENT The City of Lake Elsinore will be the ultimate lake destination where all can live, work and play, build futures and fulfill dreams. City o/ Lake Elsinore Page 1 Printed on 8/6/2015 City Council Regular Agenda August 11, 2015 CALL TO ORDER 5:00 P.M. ROLL CALL CITY COUNCIL CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9: 2 potential cases 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 **Cops for Kids Presentation by Executive Director, Dave Fontneau **2015 Summer Explorers Day Camp Presentation by Community Services Director Skinner PUBLIC COMMENTS — NOWAGENDIZED 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 Acting City Clerk. The Mayor or Acting 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# 15-710 Warrant List Dated July 30 2015 Recommendation: It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated on July 30, 2015. City of Lake Elsinore Page 2 Printed on 8/6/2015 City Council Regular Agenda August 11, 2015 Attachments: Cid Staff -Report 8=11_15 Warrant Summary City 07 30 15 Warrant ListCity 07 30 15 2) ID# 15-711 Approve and Authorize the City Manager to Execute a Second Amendment to Professional Services Agreement Between ProStaff LLC and the CitV of Lake Elsinore Recommendation: Staff recommends the City Council approve the second amendment to the professional services agreement and authorize the City Manager to execute the second amendment in the amount of Sixty Thousand Dollars and no cents ($60,000.00) between ProStaff LLC and the City of Lake Elsinore for temporary maintenance consulting. attachments: ProStaff 2nd Amendment Staff Report.2 ProStaff LLC 2nd Amendment Professional Services Agmt 2015.2 Prostaff Agreement v2 ProStaff LLC 1st Amendment Professional Services Agmt 2015 3) 4) ID# 15-712 Commercial Design Review No. 2014-12 - A Request to Demolish the Existing Gas Station and Convenience Store at 301 N. Main Street and to Relocate the Adjacent Single -Family Dwelling Unit to Another Lot within the Historic District; In Order to Construct a New 4,009 Square -Foot Convenience Store with a 4,365 Square -Foot Fueling Station. Recommendation: The Planning Commission recommends that the City Council adopt Resolution No. 2015-075; A Resolution of the City Council of the City of Lake Elsinore Approving Commercial Design Review No. 2014-12. Attachments: CDR NO. 2014-12 - CC Staff Report - 8-11-15 CDR NO. 2014-12 - Aerial Map 7-21-15 CDR NO. 2014-12- CC CDR Resolution- 8-11-15 CDR NO. 2014-12 - CC Conditions of Approval 8-11-15 CDR NO 2014-12 - Plans (11x17) 8-11-15 CDR NO. 2014-12 - Color Elevations 7-21-15 CDR NO 2014-12 - Historic Inventory Descriptions 7-21-15 CDR NO. 2014-12 - PC Staff Report 7-21-15 ID# 15-713 Agreement for Professional Services for Design of Lakeshore Drive Parking Lot, Project No. Z10027 Recommendation: It is recommended that the City Council: A.) Award Agreement for Professional Services to SB&O, Inc. for the Lakeshore Drive Parking Lot project. B.) Approve and authorize the City Manager to execute the Agreement in the amount of $40,000 to SB&O, Inc., in substantially the form and in such final form as approved by the City Attorney. Attachments: Staff Report DRAFT SB&O Lakeshore Parking Lot Attachment A - SB&O PSA Lakeshore Dr Parking Lot No. 210027 Attachment B - Map City of Lake Elsinore Page 3 Printed on 8/6/2015 City Council Regular Agenda August 11, 2015 5) 6) 7) ID# 15-714 Award of Public Works Construction Contract for FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 2a Proiect No: Z10008 Recommendation: It is recommended that the City Council: A.) Award the Public Works Construction Agreement for the FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 2A to Hardy & Harper, Inc. B.) Approve and authorize the City Manager to execute the Agreement in the amount of $161.062 to Hardy & Harper, Inc. in substantially the form and in such final form as approved by the City Attorney. C.) Authorize the City Manager to execute change orders not to exceed the 15% contingency amount of $24,159 for adjustment in bid quantities. D.) Authorize the Director of Public Works to record the Notice of Completion once it is determined the work is complete and the improvements are accepted into the City's maintained system. Attachments: Staff Report - Award Citywide Pavement Rehabilitation Program Phase 2A Hardy & Harper Public Works Construction Agreement Exhibit A - Street Listing ID# 15-715 Approval of Final Map 31920-12 Recommendation: It is recommended that City Council: A.) Approve Final Map 31920-12 subject to the City Engineer's acceptance as being true and correct. B.) Authorize the City Clerk to sign the map and arrange for the recordation of Final Map 31920-12, C.) Authorize the City Manager to sign the subdivision agreement in such form as approved by the City Engineer and City Attorney to secure completion of the public improvements. Attachments: Staff Report - Final Mao TR 31920-12 Vicinity Map Final MaoIndex ID# 15-716 Agreement for Contract Services (On -Call) for Annual Traffic Striping Maintenance Program - Proiect No. Z10004 Recommendation: It is recommended that the City Council: A.) Award Agreement for Contractor Services (On -Call) to J & S Striping Company, Inc. for the Annual Traffic Striping Maintenance Program. B.) Approve and authorize the City Manager to execute the Agreement in the annual amount not to exceed $175,000 to J & S Striping Company, Inc., based on unit prices for work performed, in substantially the form attached and in such final form as approved by the City Attorney. Attachments: Staff Report - Annual Traffic Striping Maintenance Program (On -Call) For Annual Traffic Striping Maintenance Program - Final City of Lake Elsinore Page 4 Printed on 8/6/2015 City Council Regular Agenda August 11, 2015 8) ID# 15-717 Award Construction Contract to AToM Engineering Construction, Inc. for City Entry Monument Signs at 1-15/Franklin Street Overcrossing and at 1-15/Nichols Road Overcrossing, CIP Project No. Z30005 Recommendation: It is recommended that the City Council: A.) Approve and award the Agreement for Public Works Construction to AToM Engineering Construction, Inc. in the amount of $246,398 for the Interstate 15 at Franklin Street Overcrossing and Nichols Road Overcrossing Project, and authorize the City Manager to execute the Agreement in substantially the form and in such final form as approved by the City Attorney. B.) Authorize the City Manager to execute contract change orders not to exceed 15% of the total Agreement, pursuant to requirements set forth in the construction agreement. C.) Authorize the Director of Public Works to record the Notice of Completion once it is determined the work is complete and the improvements are accepted. Attachments: Agreement AToM Engineering Construction Services Staff Report - City Entry Monument Signs Project 9) ID# 15-718 Amendment to the Joint Powers Agreement of the Western Riverside Council of Governments to add the Morongo Band of Mission Indians to the WRCOG Governing Board Recommendation: It is recommended that the City Council authorize the Mayor to execute the Amendment to the Joint Powers Agreement of the Western Riverside Council of Governments to add the Morongo Band of Mission Indians to the WRCOG governing board. Attachments: Staff Report - Amendment to the WRCOG JPA - 2015 Attachment A WRCOG Executive Committee Staff Report from July 6 2015 Attachment B Letter Extending MOU and Amendment to JPA adding Morongo I PUBLIC HEARING(S) - None APPEAL(S) - None BUSINESS ITEM(S) 10) ID# 15-719 Second Reading and Adoption of Ordinance No. 2015-1342 Amending the Lake Elsinore Municipal Code Regarding Camping on Private Residential Property and Camping -Related Land Uses Recommendation: It is recommended that the City Council waive further reading and adopt by title only ORDINANCE NO. 2015-1342 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE REGARDING CAMPING ON PRIVATE RESIDENTIAL PROPERTY AND CAMPING -RELATED LAND USES by roll call vote. Attachments: Staff Report - Second Reading of Ordinance - Campingpdf Ord. No. 2015_1342 - Campingpdf City o/ Lake Elsinore Page 5 Printed on 8/6/2015 City Council Regular Agenda August 11, 2015 11) ID# 15-720 Presentation of Development Projects, Economic Development Activity and an Economic Development Program in the City of Lake Elsinore Recommendation: Staff recommends that the City Council accept a presentation from staff regarding development projects, economic development activity and program, provide comments, and receive and file. Attachments: Economic Development Presentation - CC Staff Report 8-11-15 odf 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 in to the Acting City Clerk. The Mayor or Acting City Clerk will call on you to speak.) CITY MANAGER COMMENTS *Lake Watch 2015 CITY ATTORNEY COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn this meeting to the next regularly scheduled meeting of Tuesday, August 25, 2015. The regular Closed Session meeting will be held at 5:00 p.m. at the 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. AFFIDAVIT OF POSTING I, Diana Giron, Acting 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. Diana Giron, Acting City Clerk City of Lake Elsinore Page 6 Printed on 8/6/2015 Agenda Date: 8/11/2015 In Control: City Council Agenda Number: 1) City of Lake Elsinore Text File File Number: ID# 15-710 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w lake-elsinore.org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 1 Printed on 8/6/2015 LAK_F v� LS I N. lkf REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: AUGUST 11, 2015 SUBJECT: WARRANT LIST DATED JULY 30, 2015 Recommendation It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated on July 30, 2015. Discussion The warrant list is a listing of all general checks issued since the prior warrant list. Prepared By: Frances Ramirez Account Specialist II Reviewed By: Jason Simpson Administrative Services Director Approved By: Grant Yates City Manager Attachments: Warrant List 7-30-15 JU,LY 30, 2013 C [`1FY OF 1LAIK E ]E]LS]INO R E WARRANT SUMMARY TUN D# FUND I)ESCR1P7ION '101 AL 100 GENERAL FUND $ 2,329,684.83 110 STATE GAS TAX FUND - 10,448.10 118 LAKESIDE FACILITIES DIF FEE FUND 16,672.05 121 TOTAL ROAD IMPROVEMENT PROGRAM FUND 3,795.25 130 LIGHTING/LANDSCAPE MAINTENANCE FUND 120,025.55 135 L.L.M.D. NO. 1 FUND 4,267.80 155 NATIONAL POLLUTANT DISCHARGE ELIMINATION 90.00 305 INFORMATION SYSTEMS 10,787.60 310 SUPPORT SERVICES 363.05 315 FLEET 20,420.34 _ 320 FACILITIES -- -- -- 22,632.50 332 C.F.D. 2006-1A SUMMERLY IMPROVEMENT AREA B DEBT SERVICE FUND 105.27 345 C.F.D. 2003-2D CAYNON HILLS IMPROVEMENT AREA D DEBT SERVICE FUND 105.26 347 C.F.D. 2006-1A SUMMERLY IMPROVEMENT AREA A DEBT SERVICE FUND 105.27 348 C.F.D. 2003 2C CANYON HILLS IMPROVEMENT AREA C DEBT SERVICE FUND 105.26 349 C.F.D. 88-3 WEST LAKE ELSINORE DEBT SERVICE FUND 105.26 350 C.F.D. 98-1 SUMMERHILL DEBT SERVICE FUND 105.26 357 C F.D. 2003-2A CANYON HILL IMPROVEMENT AREA A DEBT SERVICE FUND 105.26 366 C.F.D. 2005-6 CITY CENTER TOWNHOMES DEBT SERVICE FUND 105.27 368 C.F.D. 2006-2 VISCAYA DEBT SERVICE FUND 369 C.F.D. 2004-3-1 ROSETTA CANYON IMPROVEMENT DEBT SERVICE FUND 105.26 371 C.F.D. 2005-1 SERENITY DEBT stRvicff FUND 105.26 372 C.F.D. 2005-2A ALBERHILL RANCH IMPROVEMENT DEBT SERVICE FUND 105.27 384 C.F.D. 2003-2 CANYON HILLS IMPROVEMENTAREA B DEBT SERVICE FUND 105.26 385 C.F.D. 2004-3-2 ROSETTA CANYON IMPROVEMENT DEBT SERVICE FUND 105.26 389 C.F.D. 88-3 SERIES A FUND 105.26 390 C F.D. 2003-2 CANYON HILLS IMPROVEMENT AREA C 105.26 392 C.F.D. 95-1 CIVIC CENTER FUND 105.26 &V I t� Ic3 (K�j iC�7 1���NH7 �7 PST -1110 [11"W001P119R�] PLAN 540 SARDA DIAMOND STADIUM FUND 30,953.86 608 TRUST DEPOSITS 39,749.00 620 COST RECOVERY TRUST DEP 54,983.37 851 GENERAL FIXED ASSET GROUP FUND 1,511.72 GRAND TOTAL 8/4/2015 Warrant 07 3015 City 1 of 1 JULY 30,2M 4 I7 Y OF LAKE .E;LS11NO IE WA:RRAN-r ;LIST CHECK# 224,77 VENDOR NAME AMOUNT 6965 INTERNAL REVENUE SERVICE $ 66,590.09 6977 FRANCHISE TAX BOARD 11,351.44 122729 RIVERSIDE COUNTY SHERIFF 325.00 122730 STATE DISBURSEMENT UNIT 224,77 122731 _ SUZETTE E. OROZCO 37891 122732 CALPERS 102144.42 122/3.1 EMPLOYMENT DEVELOPMENT DEPARTMENT 8,868S7 122734 _ _-_ C M A. RETIREMENT TRUST 3,696,63 122735 INTERNAL REVENUE SERVICE 54,862.59 122736 JONATHAN S MONAT 2,337.24 122737 UNITED WAY-- INLAND VALLEY 105.00 122738 ABBA TERMITE AND PEST CONTROL, INC. _ 19500 122739 ACCOUNTEMPS 4,313.75 122740 AIR EXCHANGE, INC. 704.38 122741 ALLEGRA MARKETING PRINT MAIL _ 264.60 122742 ALPINE WATER 165.12 122743 AMERICAN MATERIAL CO. _ 973.78 122744 APPLE ONE 1,990.80 122745 ARC 1021.49 122746 BERGERABAM INC. 4,800.00 122747 CAPIO 225.00 122748 COMPUTER ALERT SYSTEMS, INC 1464.00 122749 CORELOGIC SOLUTIONS, LLC 130,50 122750 COUNTY OF RIVERSIDE _ 1,022.00 122751 CT WEST INC _ 8,257S8 122752 DOWNS COMMERCIAL FUELING, INC. 295 98 122753 - EAGLE LENS PHU I UURAPHY 850,00 122754 EWING 294.05 122755 FALCON ENGINEERING SERVICES INC 8,910.00 122756 FEDERAL EXPRESS CORPORATION 121.79 122757 MELISSA FOWLER 56.26 122758 LAURA GALLEGOS_ 30.00 122759 GMS ELEVATOR SERVICES, INC. 87.50 122760 HELIX ENVIRONMENTAL PLANNING 97.53 122761 IMPACT PROMOTIONAL PRODUCTS 563.54 122762 INT'L COUNCIL OF SHOPPING CENTERS 50.00 122763 JOHN DEERE LANDSCAPES 442S4 122764 JOHNSON EQUIPMENT CO. _ 448 ,20 122765 JOHNSON MACHINERY CO. 497,73 122766 KJ SRVCS ENVIRONMENTAL CONSULTING 12 859.75 122767 LORENZ & JONES MARINE DIST 42 28 122768 STEVE MANOS _ _ 224.02 122769 MICHAEL PAUL MAPLES 27,574,25 122770 MENIFEE VALLEY CHAMBER OF COMMERCE 35,00 122771 MORROW PLUMBING INC. 952.71 122772 MORROW PLUMBING INC. 103.46 122773 POLAR EXPRESS HEATING AND AIR CONDITIONING 450.00 122774 THE PRESS ENTERPRISE 552.00 8/4/2015 Warrant 07 30 15 City 1 OF 5 JULY 30, 20.15 CITY OF LA'KIL ELSHNO' E WARRANT LIST CHPCKS VENDOR NAME AMOUNT 122775 PRUDENTIAL OVERALL SUPPLY 174.01 122776 PYRO-SPECTACULARS 17,500.00 122777 RAIN MASTER IRRIGATION SYSTEMS 322.65 122778 RIGHTWAY SITE SERVICES, INC. 1,397.74 122779-122780 ROBBINS PEST MANAGEMENT, INC. 1,455.00 122781 ROBLES MEDIA CORPORATION 483.89 122782 ROW TRAFFIC SAFETY, INC.1,320.56 __---- -- - ------ 122783 RUTAN&TUCKER, LLP 368.50 122784 STEPHANIE C. SANGES 5,310.00 122785 SOUTHWEST ICE MACHINES 539.18 122786 STK ARCHITECTURE INC _ 6695772 122787 SUSTAINABLE CIVIL ENG SOLUTIONS, INC 38,197.50 122788 TEAM AUTOAID, INC. 28874_ 122789 TYLER -TECHNOLOGIES, -INC 156.25 122790 VILLA ROOT BARRIER 475.20 122791 VILLAGE EQUIPMENT RENTALS, INC. 99.00 122792 VISTA PAINT CORPORATION _ 402.62 122793 WAXIE SANITARY SUPPLY 1,306.05__ 122794 EMPLOYMENT DEVELOPMENT DEPARTMENT 27.33 122795 INTERNAL REVENUE SERVICE 354.77 122796 AMERICAN ASPHALT SOUTH, INC. 31,530 60 122797 ARAMEXX GROUP, INC 7,529.15 122798 BEN'S ASPHALT, INC 11,291.50 122799 CALIFORNIA BUILDING OFFICIALS 5,180.00 122800 CAL-KOOL AIR CONDITIONING 6,050.00 122801 CALPERS 100.00 122802 CORELOGIC SOLUTIONS, LLC 475.00 122803 DEPARTMENT OF TOXIC SUBSTANCE CONTROL 230.00 122804 CAROLE DONAHOE A.I.C.P. 2,850.00 122805 D -PREP, LLC 129.00 122806 E.S. BABCOCK & SONS INC. -825.00 122807 _ EXCEL LANDSCAPE, INC. 23,775.00 122808 EXPRESS DRY CLEANERS 21.15 122809 FALCON ENGINEERING SERVICES, INC. _-_--_ 18,806.30 _ 122810 GLADWELL GOVERNMENTAL SERVICES, INC. 4,000.00 122811 KPA, LLC _ ------- ___.------- _ 2,006.00 - 122812 MANPOWER TEMP SERVICES 9,344.10 122813 MORROW PLUMBING, INC. 11015.59 122814 MORROW PLUMBING, INC. 94.24 122815 THE PRESS ENTERPRISE 867.60 122816 RANCHO REPROGRAPHICS, INC 206.28 122817 RIGHTWAY SITE SERVICES, INC. _ _ 113.60_ 122818 SOUTHERN CALIFORNIA EDISON CO 964.86 122819-122827 SOUTHERN CALIFORNIA EDISON CO. 73,073.83 122828 STK ARCHITECTURE INC 16672.05 122829 SUN PAC CONTAINERS 125.00 122830 TRI -STAR ELECTRIC 8,000.00 122831 _ UNITED PARCEL SERVICE _ _ 39.62 122832 VCS ENVIRONMENTAL 897,50 8/4/2015 Warrant 07 30 15 City 2 OF 5 JULY 30, 2015 CIFFY OF ;LAKE ELSINORE WA IRAN:r LIST CHECK7t 200.72 VENDOR NAME AMOUNT 122833 VERIZON WIRELESS (#4) 316.61 122834 VERIZON WIRELESS (#5) 200.72 122835 WEST COAST ARBORISTS INC. 5,865.70 122836 _.- WEST COAST LIGHTING & ENERGY INC. 101 873 94 122837 WILLDAN -19'515.00 122838 Z BEST BODY & PAINT SHOPS, INC 2,520.74 122839 A P W TAEKWONDO 472.50 12284U _ AGU ILAR CONSULTING INC 3361477 122841 AMERICAN FORENSIC NURSES 675,00 122842 ANIMAL, FR IENDS OF THE VALLEY 58,920.00 122843 APPLE ON 529.20 122844 BEN'S ASPHALT, INC 2796300 122845 BMW MOTORCYCLES OF RIVERSIDE 934.30 122846 BUREAU VERITAS NORTH AMERICA, INC. 532.00 122847 CALIFORNIA STATE CONTROLLERS OFFICE 100.00 122848 _ CALIFORNIA STATE DEPARTMENT OF JUSTICE 700.00 122849 CALPERS (10962364) 122849 CALPERS 109,623.64 122850 CBI SYSTEMS LTD 90.00 122851 COLONIAL LIFE 804.01 122852 _-- __ DATA QUICK INFO - RMATION SYSTEMS,- INC. -- ---_. INC, --_-..._._.----- 261.00 122853 CAROLE DONAHOE AC.P. 1,987.50 122854 DOWNS COMMERCIAL FUELING, INC. 21724.18 122855-122859 E V M. W D 78,014,58 122860 ECONOMIC DEVELOPMENT AGENCY OF RIVERSIDE COUNTY _ 9,928.25 122861 ELSINORE VALLEY MUNICIPAL WATER 112.50 122862 ENVIROMINE _ 23250 122863 _ EXCEL LANDSCAPE, INC. 1,906.00 122864 FEDERAL EXPRESS CORPORATION 32.17 122865 GALLS, LLC 181.51 122866_ GAMETIME 95,990.94 122867 HARTZOG & CRABILL, INC 1495.00 122868 C M.A. RETIREMENT TRUST 13,373,93 122869 JIVE COMMUNICATIONS, INC. 2,005.60 122870 JOBS AVAILABLE, INC. _ 390.00 122871 -------LAKE ELSINORE TIRE & AUTO, INC 149.04 122872 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE _ 4,333.00 122873 _- LEGAL SHIELD 155.40 122874 LIUNA LOCAL 777 (1,827.30) 122874 LIUNA LOCAL 777 1,82730 122875 LORENZ & JONES MARINE DIST_ . 42 28 122876 LOWE'S HOME CENTERS, INC. 171.96 122877 MORROW PLUMBING, INC. 136.41 122878 NEXTEL COMMUNICATIONS 99,95 122879 OTT E -BERKELEY. GROUPS INC_. 1,294.00 122880 PRODUCTION VIDEO 500000 122881 PROTECTIVE BUNKERS INC 81454.24 122882 PRUDENTIAL OVERALL SUPPLY _ 17401 122883 QUICK CRETE PRODUCTS CORP. 15,91272 8/4/2015 Warrant 07 30 15 City 3 OF 5 JULY 0, 20115 CITY OF .LAKE [:]LSIINOR E WARRANT IAST CHLCK4 (124.26) VENDOR NAME AMOUNT 122884 RIGHTWAY SITE SERVICES, INC. 124.26 122884 RIGHTWAY SITE SERVICES,INC (124.26) 122885 RIVERSIDE COUNTY INFORMATION TECH 1,286.04 122886 RIVERSIDE COUNTY SHERIFF 858,223.79 122887 RIVERSIDE COUNTY EXECUTIVE OFFICE 11956.00 122888 ROW TRAFFIC SAFETY, INC. 1,104.00 122889 RUTAN & TUCKER, LLP 358450 122890 SOLAR CITY 211.32_ 122891 SOLCIUS, LLC _ 214.23 122892 STANDARD INSURANCE COMPANY 12,491.72 122893 STEWART TITLE OF CALIFORNIA - 700.00 122894 TASC (2,188.50) 122894 TASC 2,188.50 122895 TEAM AUTOAID, INC. 500.17 122896 UNITED WAY - INLAND VALLEY (15.00) 122896 UNITED WAY - INLAND VALLEY 15.00 122897 URBAN CROSSROADS, INC. _ 9,270.00 122898 VERIZON WIRELESS (#11) 12889 122899 VERIZONWIRELESS(#9) 7602 122900 VISION SERVICE PLAN 1,335.72 122901 ACCOUNTEMPS 6,077.60 122902 ALBERT WEBB & ASSOCIATES 20,043.52 122903 ALLEGRA MARKETING PRINT MAIL 122904-122905 CALIFORNIA TAX DATA 2,000.00 122906 _ CALVADAS URVEYING, INC. 2,700.00 122907 CDW GOVERNMENT INC 1,963.87 122908 CENTURY LINK _ 37.62 122909 CHRISTIANSEN AMUSEMENTS, INC. 1,000,00 122910 DELL MARKETING, LP 2 722 96 122911 ANGELA DIAZ 750.00 122912 DOWNS COMMERCIAL FUELING INC _ __---- 4131 54. 122913-122914 E V M._W D 21,812.49 122915 EXCEL LANDSCAPE, INC 63,100.80 122916 FILARSKY & WATT, LLP 3,794.56 122917 HAZZARD BACKFLOW CO. 1,839.36 122918 HDL COREN & CONE 595.00 122919 HEMET FENCE COMPANY 1,800.00 122920 HOME DEPOT 500.00 122921 LE&SJWA 20,000.00 122922 LOWE'S HOME CENTERS INC. 20.51 122923 MORROW PLUMBING, INC. _ 381.64 122924 PROSTAFF, LLC 855.00 122925 RIVERSIDE COUNTY SHERIFF_ _ 9,793.86 122926 ROW TRAFFIC SAFETY, INC 514.51 122927 ROYAL PLYWOOD COMPANY, LLC 5,022.00 122928 SHRED -IT USA, LLC _ 84,00 122929 SMART&FINAL 102.70 122930 SOUTHERN CALIFORNIA GAS CO. 286.72 122931 STAPLES CREDIT_ PLAN _ _.. 42009. 0/4/2015 Warrant 07 30 15 City 4 OF 5 JULY 30, 2015 CITY OF ]LA I ELS11NORE WARRANT LIST C1 -NICK# VEMTOR NAME AN40UNT 122932 TIME WARNER CABLE 1,529.34 122933 VERIZON INTERNET 459,98 122934 VERIZON CALIFORNIA 472.85 122935 _ WAXIE SANITARY SUPPLY _ 96253 122936 WEST COAST ARBORISTS INC. 5,050.60 122937 _ WILLIAMS BAIT & TACKLE, INC. 61717.00 122938 X -FACTOR MARINE 31528.00 122939 _ AMERICAN EXPRESS (,ORP PURCHASING 3,801.13 122941 ASSOC OF ENVIRONMENTAL PROFESSIONAL 15000 122942 CATHERYNE BARROZO 1,380.96 122943 ENVIRONMENTAL SCIENCE ASSOCIATES_ _ 26,064.75 122944 FEDERAL EXPRESS CORPORATION 17.01 122945 _ THE L.LU OF N A. 3735.09 122946 LIUNA LOCAL 777 1,173.00 122947 THE PRESS ENTERPRISE 640.80 122948 RIGHTWAY SITE SERVICES, INC. 62.13 122949 - SUSTAINABLE CIVIL ENG SOLUTIONS, INC. 6,075.00 122950 URBAN FUTURES, INC 21,940.00 122951 WELLS -FAR GO INSURANCE SERVICES USA INC 3,333.32 DFT0000018 REGIONAL CONSERVATION AUTHORITY 3,255.30 DFT0000019 LAKE ELSINORE STORM LP _ 29,989.00 D FT0000021 ORANGE COAST TITLE COMPANY 400.00 DFT0000022 ORANGE COAST TITLE COMPANY _ 400.00 _DFT0000023 ORANGE COAST TITLE COMPANY 400.00 DFT0000024 ORANGE COAST TITLE COMPANY 400.00 DFT0000025 ORANGE COAST TITLE COMPANY 400.00 DFT0000026_ ORANGE COAST TITLE COMPANY 400.00 DFT0000027 _ ORANGE COAST TITLE COMPANY 400.00 DFT0000028 _ _ORANGE COAST TITLE COMPANY 400.00 DFT0000029 ORANGE COAST TITLE COMPANY _ 400.00 DFT0000030 ORANGE COAST TITLE COMPANY _ 400.00 DFT0000031 - ORANGE COAST TITLE COMPANY 400.00 DFT0000032 ORANGE COAST TITLE COMPANY 400.00 DFT0000033 ORANGE COAST TITLE COMPANY _ 400.00 DFT0000034 WESTERN RIVERSIDE COUNCIL OF GOVTS 32_8,301_.00 DFT0000035 FIRST AMERICAN TITLE INS. CO,1511.72 DFT0000036 WELLS FARGO BANK N A 3,795.25 DFT0000037 BANK OF AMERICA, N A 1,538.89 DFT0000038 CAMBERN & CENTRAL INVESTORS LLC 293,818.50 DFT0000040 MICHAEL PAUL MAPLES 55,148.50 DFT0000074 CALPERS 3141663 INA R P A AIT T(1TAI n .II -.nn .n GRAND TOTAL $ 3,158,782.13 8/4/2015 Warrant 07 30 15 City 5 OF 5 Agenda Date: 8/11/2015 In Control: City Council Agenda Number: 2) City of Lake Elsinore Text File File Number: ID# 15-711 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w Jake-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 8/6/2015 CITY Or. LADE CLSINOIJE I:�CTREM6 REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES, CITY MANAGER DATE: August 11, 2015 SUBJECT: APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN PROSTAFF LLC AND THE CITY OF LAKE ELSINORE Recommendation Staff recommends the City Council approve the second amendment to the professional services agreement and authorize the City Manager to execute the second amendment in the amount of Sixty Thousand Dollars and no cents ($60,000.00) between ProStaff LLC and the City of Lake Elsinore for temporary maintenance consulting. Background On April 28, 2015 the City authorized the approval of the first amendment to a professional services agreement with ProStaff LLC (Project Management and Consulting Services) to complete the design and construction documents phase of the Rosetta Canyon Park Phase II project. ProStaff has been working with City Staff to streamline the project timeline and to identify cost saving opportunities from the project inception. In fact, ProStaff has negotiated over $230,000 in savings from professional services needed during the preliminary design phase and development of construction documents of the Rosetta Canyon Park Phase II project. ProStaff has also contracted and ensured the completion of the Diamond Stadium fire sprinkler system replacement project and the Information System server room and office modification to City Hall. Discussion The main focus of this second amendment will include but not be limited to the following items: Complete review of the Public Works Maintenance Division's budget(s) Evaluation of existing maintenance contracts Assessment of Maintenance equipment and assets ProStaff LLC Professional Services Agreement August 11, 2015 Page 2 • Review and assess the current maintenance organizational structure and operational demands • Document and recommend cost savings and efficiency measures to existing procedures • Perform cost effective analysis on common maintenance functions ProStaff will work closely with City maintenance operations for parks sites, public facilities, LMD's, streets, catch basins, and other public facilities to develop maintenance reliability and benchmarking processes based on obtainable maintenance strategies, maintenance assessments & improvement plans. Implementation and coaching for better planning and scheduling shall be customized to fit the City's immediate and long term needs. ProStaff LLC is a municipal consulting firm serving public agencies solely in the State of California and Nevada. ProStaff will work closely with City staff throughout the contract amendment with an emphases on maintenance processes, contractual efficiency, training/observation and operational performance assessment. ProStaff will bring to the City maintenance operation extensive facility maintenance experience, higher operational achievement and cost effective maintenance concepts that exceed current City Staff capacity. This maintenance experience ranges the complete spectrum of circulation, infrastructure and public facility maintenance operations for municipalities. FISCAL IMPACT Sufficient funding has been budgeted in the project for project management services and available in the FY 14/15 budget. Prepared by: Jason Simpson Director of Administrative Services Approved by: Grant M. Yates City Manager Attachments: Professional Services Agreement dated March 31, 2015, (PDF) First Amendment to Professional Services Agreement dated April 28, 2015 Second Amendment to Professional Services Agreement dated August 11, 2015 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND PROSTAFF LLC MAINTENANCE CONSULTING This AMENDMENT NO. 2 is made and entered into as of August 11, 2015 by and between the City of Lake Elsinore, a municipal corporation ("City") and ProStaff LLC ("Consultant'). RECITALS A. On March 31, 2015, the City and Consultant entered into that certain agreement entitled "Agreement for Professional Services' in an amount not to exceed Thirty Thousand Dollars and no cents ($30,000) for design development and management of the Rosetta Canyon Sports Field Project (the "Original Agreement'). B. On April 28, 2015 the amount of the Original Agreement was increased by Ninety Five Thousand Dollars and no cents ($95,000.00) for the project management of the Rossetta Canyon Sports Field Project ("Amendment No. 1"). The Original Agreement as amended by Amendment No. 1 is referred to herein as the "Agreement". C. City and Consultant now desire to modify the Scope of Services to include City-wide maintenance consulting services and increase the compensation for such services as set forth in this Amendment No 2. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 1. Scope of Services of the Agreement is hereby amended to add the following: Consultant shall also perform the services described in the Scope of Work attached to this Amendment No. 2 as Exhibit A. Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Section 3. Compensation of the Agreement is hereby is hereby amended to add the following: Notwithstanding the foregoing, for purposes of Amendment No. 2 and the term thereof, compensation to be paid to Consultant pursuant to this Agreement shall be increased by Sixty Thousand Dollars and no cents ($60,000.00) for City-wide maintenance consulting services set forth in Exhibit A to Amendment No. 2. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the date first written above. "CITY" "CONSULTANT' CITY OF LAKE ELSINORE, a municipal ProStaff LLC corporation Grant Yates, City Manager Gus Papagolos, Owner ATTEST: City Clerk APPROVED AS TO FORM: City Attorney EXHIBIT A Scope of Work ProStaff LLC Maintenance Consulting Maintenance consulting services will work closely with City maintenance operations for parks sites, public facilities, LMD's, streets, catch basins, etc. Review and assess the current maintenance organizational structure and operational demands Document and recommend cost savings and efficiency measures to existing procedures • Perform cost effective analysis on common maintenance functions Together with City Staff develop maintenance reliability and benchmarking processes based on an obtainable maintenance strategy, maintenance assessment & improvement plan which will include: Leadership and organization Preventive maintenance/ essential care and condition monitoring Planning and scheduling Root cause problem elimination Materials management Facilities, tools, and workshops Engineering's interface with maintenance Maintenance information and reporting Skills development Develop an action plan for improvement Measure reliability and maintenance results Implementation and coaching for better planning and scheduling shall be customized to fit the City's immediate and long term needs. These activities include: Define & verify existing work processes. Make sure all key functions such as planners, supervisors, and operations coordinators have clear roles. Set clear priority rules and establish meaning and criteria for existing processes. Improve work request usage and clarity. Check backlog management and clean up as needed. On-the-job planning enhancement for emergency operations. Evaluate effective communication. On -The -Job planning enhancement for day-to-day work. Job package creation. Enhance and practice planning and scheduling meetings between operations and maintenance. Implement Key Performance indicators Improve Contractor management/oversight and integration of work processes. Fee: $70 per hour not to exceed 24 hours per week with staff approval AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF LAKE ELSINORE AND PROSTAFF LLC ROSSETTA CANYON SPORTS FIELD This Agreement for Professional Services (the "Agreement") is made and entered into as of March 31, 2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and ProStaff LLC. ("Consultant"). U*01kiAI A. The City has determined that it requires the following professional services: Rosetta Canyon Park sport fields design concept with parking and concession area. B. Consultant has submitted to City a proposal, attached hereto as Exhibit A ("Consultant's Proposal") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant's Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. Pro Staff Professional services Agmt 2015.docx Page 1 C. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance project completion and the Consultant's Proposal (Exhibit A). 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Scope of Work (Exhibit A), which is attached hereto and incorporated herein by reference. Consultant's initial compensation is Thirty Thousand Dollars and no Cents ($30,000.00) ($95 per hour and not to exceed 25 hours per week without City approval). Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. 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 Page 2 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. 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. 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. Page 3 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. 8. 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. 9. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. 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 Page 4 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. Indemnitv. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker's Page 5 Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. H. 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 fonts or ulher form with a general aggregate limit Is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. 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. Page 6 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. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: If to Consultant: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 ProStaff LLC Attn: Gus Papagolos 37635 Via Majorca Murrieta , CA 92562 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 and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully Page 7 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 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 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. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 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 Page 8 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. 29. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 30. 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. Page 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation //Grant Yates// Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney "CONSULTANT" ProStaff LLC Gus Papagolos, Project Consultant Attachments: Exhibit A —Consultant's Initial Proposal Page 10 FOR011c1krl CONSULTANT'S PROPOSAL Design Development; evaluate professional services during the design phase and assess and negotiate professional service agreements i.e., civil engineering, geotechnical services, structural engineering, plumbing/mechanical/electrical engineering, Evaluate and Negotiate Construction Cost During Procurement & Selection Process; develop requests for proposal for all contract construction trades and administrate the scope of work as directed by the City Staff. Negotiate construction bids and seek local contractor talent, construction material suppliers in support of the project. Design Management and Project Controls; establish and coordinate with City staff timelines, construction schedules for all construction phases through project competition. Track and explain project expenses in relationship to budget targets. Seek process efficiencies and complete project transparency between all City departments. Coordination and Meeting; we will attend meetings with utility service providers and architect, and coordinate design activities throughout design development phase with architect and City. Coordinate construction management of all phases of the project through completion. Operational Cost Development; develop operational cost schedules for post construction project operations to include operational cost reduction implementation of alternative energy sources, electronic security, and irrigation conservation. Develop Revenue Opportunity Plan; develop facility concession plan of operation and revenue projection based on various operational concepts. Develop sport world marketing plan for maximum facility exposure, utilization, with programed maintenance schedule considerations. Focused interest on site and destination competitive tournament play for weekend and special sporting events. Fee: $30,000 ($95 per hour and not to exceed 25 hours per week without City approval) AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND PROSTAFFLLC ROSSETTA CANYON SPORTS FIELD AMENDMENT NO. 1 is made and entered into as of April 28, 2015 by and between the City of Lake Elsinore, a municipal corporation ("City") and ProStaff LLC. ("Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: A. On March 31, 2015, the City and Consultant entered into that certain agreement entitled "Agreement for Professional Services" (the "Original Agreement'). 2. Section 3. Compensation of the Agreement is hereby amended to read as follows: The compensation to the agreement shall be increased by Ninety-five Thousand Dollars and No Cents ($95,000). The total compensation will equal One Hundred Twenty- five Thousand, and No Cents ($125,000). IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" "CONSULTANT" CITY OF LAKE ELSINORE, a municipal ProStaff LLC corporation Grant Yates, City Manager Gus Papagolos, Owner ATTEST: City Clerk APPROVED AS TO FORM: City Attorney acn 3rr_� CONSULTANT'S PROPOSAL Pre Design Preparation of Site Survey and plotting existing Utilities, consisting of an Aerial and supplemental field topographic survey at 1 inch = 20 foot scale and 1- foot contour intervals, field survey consisting of obtaining existing elevations of field area as a grid to verify aerial survey elevations and picking up field elevations of existing curbs and sidewalks on Ardenwood Way for the proposed driveways, obtaining horizontal and vertical location of existing surface features, and obtaining horizontal and vertical location of tie-in points to existing improvements. Mapping shall meet National Map Accuracy Standards. Plotting of existing site utilities based on City provided record drawings to identify and locate existing water and sewer lines, power, and communication facilities. Task 101: Design Development Preliminary Civil Engineering Services for On-site Grading and Drainage, we will conduct an analysis of site grading, so that the perimeter conditions for all site access points, site drainage, and water quality management create a seamless transition. Analysis to include parking and circulation, utilities and maintenance. We will prepare preliminary grading and drainage plan for proposed athletic fields, concession/restroom/cell tower, parking area garden site, Dog Park and associated facilities. This will include athletic field grades, building pad elevations, design of access, grades on flatwork, surface drainage layout, and preliminary support calculations. Earthwork calculations will be based on preliminary grades. Preliminary Utility Design, we will prepare preliminary site piping for fire service, domestic water, and irrigation systems. Domestic services will be designated between the public water system and the point of connection at concession/restroom building face. Irrigation service from the reclaimed water source or existing service will be confirmed by landscape design. Meter size for both domestic and irrigation shall be provided by mechanical and landscape architect. Grading and Construction Cost Estimate, we will provide construction cost estimate based on preliminary grading, drainage, utility plans, and the proposed water quality requirements. Coordination and Meeting, we will attend meetings with utility service providers and architect, and coordinate design activities throughout design development phase with architect and City. City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Text File File Number: ID# 15-712 Agenda Date: 8/11/2015 Version: 1 Status: Approval Final In Control: City Council File Type: Report Agenda Number: 3) City o/ Lake Elsinore Page 1 Printed on 8/6/2015 CITY OF LADE LSIIYOIZE DREAM EXTR.EMEN REPORT TO CITY COUNCIL TO: Honorable Mayor And Members of the City Council FROM: Grant Yates City Manager DATE: August 11, 2015 PROJECT: Commercial Design Review No. 2014-12 - A Request to Demolish the Existing Gas Station and Convenience Store at 301 N. Main Street and to Relocate the Adjacent Single -Family Dwelling Unit to Another Lot within the Historic District; In Order to Construct a New 4,009 Square -Foot Convenience Store with a 4,365 Square -Foot Fueling Station. APPLICANT/Raj Kumar, 401 East 6th. Street, Corona, CA 92879 OWNER: Recommendation The Planning Commission recommends that the City Council take the following action: 1. Adopt Resolution No. 2015-_; A Resolution of the City Council of the City of Lake Elsinore Approving Commercial Design Review No. 2014-12. Background On June 16, 2015, the Planning Commission held a public hearing regarding Conditional Use Permit No. 2014-08 and Commercial Design Review No. 2014-12. The Commission had concerns regarding the project design and the project's consistency with the General Plan and continued the matter to its July 21, 2015 meeting. On July 21, 2015, the Planning Commission considered revised plans for the project and made some modifications to the project design by adding Condition of Approval No. 13. With the modified conditions of approval, the Commission recommended approval (4-1 vote, Commissioner Ray voting against) of Commercial Design Review No. 2014- 12; for the demolition of the existing gas station and convenience store located at 301 N. Main Street, the relocation of the existing single-family residence located at 307 N. CITY COUNCIL STAFF REPORT CDR NO. 2014-12 AUGUST 11, 2015 PAGE 2 of 4 Main Street and the construction of a new 4,009 square foot convenience store and 4,365 square -foot gas station. The Planning Commission also adopted Resolution No. 2015-60 approving Conditional Use Permit No. 2014-08; for the Development of a Freestanding 4,365 Square Foot Gasoline Station with Six Gasoline Dispensers for the Proposed Project Located at 301 N. Main Street by the same 4 to 1 vote. Pursuant to the Lake Elsinore Municipal Code (LEMC Chapters 17.168), the Planning Commission's approval of the Conditional Use Permit is final unless appealed to the City Council. The only item presented to the City Council for consideration is the Commercial Design Review. Project Request & Location The proposed project involves two properties that are owned by Mr. Kumar, the existing convenience store with the gasoline dispensers that is currently located at 301 N. Main Street (Assessor's Parcel No. 374-073-010) and the adjacent single-family dwelling unit that is located at 307 North Main Street (Assessor's Parcel No. 374-073-009). The applicant is proposing to demolish the existing convenience store, gasoline dispensers and fueling canopy and to relocate the existing single-family residence on the adjacent lot in order to construct a new 4,009 square foot convenience store and a new freestanding 4,365 square foot fueling station with six gasoline dispensers. The architectural design of the proposed project, as modified by Condition of Approval No. 13, is intended to be compatible with the historic downtown district. The combined square footage of the new convenience store and the gasoline dispensing canopy will be approximately 23% of the lot coverage. The existing 10,000 gallon underground tanks will remain at the existing location as identified on the site plan. The hours of operation will be 24 hours a day, which will offer convenient shopping to the immediate community as well as gas services. The onsite traffic patterns, and operational characteristics will remain the same as there will not be an increase to the existing noise, traffic or other environmental conditions. Existing Single -Family Residence In order to develop the proposed project the existing convenience store and the fuel station will have to be demolished and the adjacent single-family dwelling unit will have to be relocated/and or demolished. However this house was included in a 1982 Historic Resources Inventory prepared by the Riverside County Parks Department and resurveyed as part of a 1990 Survey of Historical Structures and Sites completed by the Elsinore Valley Community Development Corporation (referred to as the "Vick Knight Study"). These surveys document that the subject house is a Craftsman Bungalow built in 1915. Copies of the descriptions of this house are contained in Attachment 6. Due to the historic nature of this house, Ms. Ruth Atkins of the Lake Elsinore Historical Society has requested that the house be preserved/relocated rather than demolished. Staff CITY COUNCIL STAFF REPORT CDR NO. 2014-12 AUGUST 11, 2015 PAGE 3 of 4 agrees and has conditioned the project to relocate the house to another property within the City's Historical District. (Condition of Approval No. 8) In order to move the house, however, the new owner will be required to process a Minor Design Review application and obtain Planning Commission approval. Additionally, the new owner will be required to obtain all necessary grading and building permits. (Condition of Approval No. 9) Mr. Kumar has indicated that he is willing to donate the existing house to a resident, or to Habitat for Humanity, or relocate it to a vacant lot that he owns that is located behind the house located at the southeast corner of Sumner and Main Street, where the house can be relocated and preserved. Mr. Kumar has also said that he has made an arrangement with a local resident who owns a lot within the limits of the Historic District who is willing to pay the expenses associated to have this home relocated. Sale of Beer and Wine The Lake Elsinore Municipal Code, Section 17.112.090(0); requires that establishments engaged in the concurrent sale of motor vehicle fuel with alcoholic beverages shall abide by the following requirements as a condition pursuant to the provisions of subsection (D) of this section and Chapter 17.168 LEMC: 1. No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler as of January 1, 1988. 2. No advertisement of alcoholic beverages shall be displayed at motor fuel islands. 3. No sale of alcoholic beverages shall be made from a drive-in window. 4. No display or sale of beer or wine shall be made from an ice tub. 5. No beer or wine advertising shall be located on motor fuel islands and no self - illuminated advertising for beer or wine shall be located on buildings or windows. 6. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell beer and wine The existing convenience store has a Type 20 "Off Sale of Beer and Wine" license which will remain and be continued to be used once the new facility is completed and the Certificate of Occupancy is obtained. Analysis The project site is located within that portion of the City of Lake Elsinore covered by the Lake Elsinore Downtown Master Plan and the related downtowncode. At the time that the Downtown Master Plan and related downtowncode were adopted by the City Council on December 13, 2011 gasoline stations were not allowable uses anywhere in the downtown area. However, on July 9, 2013, the City Council adopted Zone Change CITY COUNCIL STAFF REPORT CDR NO. 2014-12 AUGUST 11, 2015 PAGE 4 of 4 No. 2013-03 to recognize the three existing gasoline stations in the downtown area and to provide a mechanism (approval of a Conditional Use Permit) to upgrade and remodel these facilities. Environmental Determination Staff has determined that the proposed project is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq.:"CEQA") and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to Section 15332 (Class 32 — In -Fill Development Projects) because the Project is consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, the Project is within the City's boundaries and on a site less than five acres surrounded by urban uses, the Property has no value as habitat, and approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the Project is adequately served by all required utilities and public services. Fiscal Impact The time and costs related to processing Commercial Design Review No. 2014-13 has been covered by the Developer Deposit paid for by the applicant. No General Fund budgets have been allocated or used in the processing of this application. The proposed Commercial Design Review No. 2014-12 is also conditioned for payment of all applicable development impact fees at the rate in effect at the time of payment. Prepared by: Richard J. MacHott, LEED Green Associate Planning Manager Approved by: Grant Taylor Community Development Director Grant Yates City Manager Attachments: 1. Aerial Map 2. City Council Resolution 3. Conditions of Approval 4. 11 x1 7 Plans 5. Color Elevations 6. Historic Resources Inventory Descriptions 7. Planning Commission Staff Report of July 21, 2015 CONDITIONAL USE PERMIT NO. 2014-08 AND COMERCIAL DESIGN REVIEW NO. 2014-12 CITY OF il<a LAKE-LSillo u: RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING COMMERCIAL DESIGN REVIEW NO. 2014-12 WHEREAS, Raj Kumar, has filed an application with the City of Lake Elsinore for Commercial Design Review No. 2014-12 ("Project') for the demolition of the existing gas station and convenience store located at 301 N. Main Street, the relocation of the existing single-family residence located at 307 N. Main Street and the construction of a new 4,009 square -foot convenience store and 4,365 square -foot fueling station; and WHEREAS, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184 the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to commercial design review; and WHEREAS, on June 16, 2015 and July 21, 2015 at duly noticed public hearings the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and made its recommendation to the City Council to approve Commercial Design Review No. 2014-12 by adopting Planning Commission Resolution No. 2015-61; and WHEREAS, pursuant to LEMC Section 17.184.090 the City Council of the City of Lake Elsinore has the responsibility of making decisions to approve, modify or disapprove recommendations of the Planning Commission for commercial design review applications; and WHEREAS, on August 11, 2015, at a duly noticed public meeting, the City Council has considered the recommendation of the Planning Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code and finds and determines that the proposed Commercial Design Review No. 2014-12 is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the Lake Elsinore Municipal Code.. SECTION 2. The City Council hereby finds and determines that the Project is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq.:"CEQA") and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et sec.), specifically pursuant to Section 15332 (Class 32 — In -Fill Development Projects) because the Project is consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, the Project CITY COUNCIL RESOLUTION NO. 2015 - PAGE 2 OF 5 is within the City's boundaries and on a site less than five acres surrounded by urban uses, the Property has no value as habitat, and approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the Project is adequately served by all required utilities and public services. SECTION 3. That in accordance with California Planning and Zoning Law and the Lake Elsinore Municipal Code Section 17.184.080 Findings, the City Council makes the following findings regarding Commercial Design Review No. 2014-12: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the zoning district in which the project is located. The commercial retail use is appropriate to the site and surrounding developments. The Project complies with the goals and objectives of the General Plan because it will assist in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses. The Project will serve to greater diversify and expand Lake Elsinore's economic base. 2. The project complies with the design directives contained in LEMC 17.184.060 and all other applicable provisions of the Municipal Code, The Project is appropriate to the site and surrounding developments in that the convenience store building has been designed in consideration of the size and shape of the property. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest as a person moves along abutting streets and within the center. In addition, safe and efficient circulation has been achieved onsite. The Project will complement the quality of existing development and will create a visually pleasing, non -detractive relationship between the proposed development and existing projects through the use of architectural design that is similar to historic downtown Lake Elsinore. Materials and colors are proposed including architectural accents and colors that blend with surrounding developments and provide evidence of a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Notwithstanding the fact that the Project is exempt from CEQA provisions pursuant to a Class 32 exemption, the Project was reviewed and conditioned by all applicable City departments to ensure that the project blends into existing development, creates the least amount of disturbance, and does not negatively impact the residents or businesses of Lake Elsinore. The Project will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Chapter 17.184.090 of the Municipal Code, including guarantees and evidence of compliance with conditions, have CITY COUNCIL RESOLUTION NO. 2015 - PAGE 3 OF 5 been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.184. Pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code, the Project was considered by the City Council at a duly noticed public meeting on August 11, 2015, appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare, and the project is a permitted use on the subject property in the Residential Mixed Use land use designation as described in the City of Lake Elsinore Downtown Master Plan SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the City Council hereby approves Commercial Design Review No. 2014-12. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION NO. 2015 - PAGE 4 OF 5 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 11 th day of August, 2015. Steve Manos, Mayor City Council of the City of Lake Elsinore ATTEST: Diana Giron, Deputy City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney CITY COUNCIL RESOLUTION NO. 2015 - PAGE 5 OF 5 STATE OF CALIFORNIA l COUNTY OF RIVERSIDE r SS CITY OF LAKE ELSINORE J I, DIANA GIRON, Deputy City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2015-_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 11th day of August, 2015 by the following vote: AYES: NOES: ►_I:��Ire�n� ABSENT: Diana Giron, Deputy City Clerk CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 GENERAL CONDITIONS 1. The proposed project consists of the demolition of the existing fuel station and convenience store at 301 N. Main Street, the relocation of the existing single-family dwelling unit located at 307 N. Main Street and the construction of a new 4,009 square foot convenience store with a 4,365 Square Foot Fueling Station at 301 North Main Street (APN 374-073-009 and 374-073-010). 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the proposed project attached hereto. 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 4. The applicant shall submit a check in the amount of $50.00 made payable to the County of Riverside for the filing of a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the project's approval. PLANNING DIVISION 5. Commercial Design Review No. 2014-12 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.184.120. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Chapter 17.184 shall run with the land for this two-year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site which was the subject of the design review application. Planning Commission Approved Page 1 of 19 City Council July 21, 2015 August 11, 2015 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 6. Conditional Use Permit No. 2014-08 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.168.080. Subject to the provisions of LEMC Section 17.168.110, a conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application. 7. The decision of the Planning Commission regarding Conditional Use Permit No. 2014-08 shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.192 of the Lake Elsinore Municipal Code. 8. Prior to the issuance of a grading permit, demolition permit or building permit for the proposed project, the existing residential structure located at 307 N. Main Street shall be relocated to another site within the City of Lake Elsinore's General Plan designated Historic District. (Amended by Planning Commission at its July 21, 2015 hearing.) 9. Prior to the relocation of the existing residential structure located at 307 N. Main Street, the owner or applicant shall process a Minor Design Review application for the placement of the residential structure on the selected new property and obtain approval from the Planning Commission. The Minor Design Review application shall be accompanied by the applicable filing fees, and the required number of complete sets of plans, including site plan, elevations, grading and drainage plans, and color renderings. 10. Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by the Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 11. All site improvements shall be constructed as indicated on the approved building elevations and site plan, as modified by these conditions of approval. Planning Commission Approved Page 2 of 19 City Council July 21, 2015 August 11, 2015 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 12. Any minor revisions to approved site plan or building elevations shall be reviewed and approved by the Community Development Director or designee. Any substantial revisions to the site plan or building elevations shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application. 13. The following changes shall be made to the site plan and elevations: a) The project shall be redesigned to preserve the existing oak tree located on the prosect site and project construction shall avoid any impacts to the long- term survival of said oak tree. This condition may be waived by the Community Development Director or designee upon submittal of a written report from a Registered Consulting Arborist which includes an analysis of the tree and states that preservation of the tree is not possible. b) The landscaped area located at the corner of Main Street and Sumner Avenue shall be configured as shown on the attached Exhibit A. c) The building elevations shall be revised such that all windows are between 12 and 16 feet in height. d) The applicant shall revise the building elevations to show a combination of stucco and brick on the building facade. The revised building elevations shall be require review and approval by the Community Development Director or designee. e) The 6 -foot high block wall along the alley shall be eliminated except for the block wall required around the trash enclosure. f) The 6 -foot high block wall on the project's northeastern boundary shall reflect the final architecture of the building and shall include a stucco -faced wall with brick -faced pilasters The final design of said block wall shall require review and approval by the Community Development Director or designee. (Added by Planning Commission at its July 21, 2015 hearing.) 14. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan. 15. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall be consistent with the Planning Commission Approved Page 3 of 19 City Council July 21, 2015 August 11, 2015 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 architectural style of the building. 16. The building address (in numerals at least four inches high) shall be displayed near the entrance and be easily visible from the front of the building and public right-of- way. 17. No exterior roof ladders shall be permitted. 18. All exterior downspouts shall be concealed within the buildings. 19. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. 20. Parking stalls shall be double -striped with four -inch (4") lines two feet (2') apart. 21. Window area cannot be obscured with posters and advertising to the point that police patrols will not be able to see inside the convenience store. 22. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted to the Community Development Department with appropriate fees, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of a building permit. A Cost Estimate for materials and labor shall also be submitted ror review and approval. A Landscape Plan Check fee will be charged prior to final landscape approval based on the Consultant's fee, inspection, permit and administration fees. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant coverage.. No turf shall be included in the final landscape plan, except in those areas identified in the Water Quality Management Plan (WQMP). b) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. c) The applicant shall ensure a clear line of sight at ingress/egress points by providing plantings within 15 feet of ingress/egress points whose height does not exceed three feet and whose canopy does not fall below six feet. d) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. Planning Commission Approved Page 4 of 19 City Council July 21, 2015 August 11, 2015 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 e) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. f) The landscape plan shall provide for California native drought -tolerant ground cover, shrubs, and trees. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. g) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. h) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. i) Final landscape plan must be consistent with approved site plan. j) Final landscape plans to include planting and irrigation details. k) Street trees along Main Street and Sumner Avenue shall be magnolia trees and along the alley shall be oak trees. (Added by Planning Commission at its July 21, 2015 hearing.) 23. The Applicant is to meet all applicable City Codes and Ordinances. 24. The applicant has not submitted any signs as part of this approval. The applicant or designee shall submit an application for a sign permit, pay appropriate fees and receive approval from the Community Development Department for any sign installed at the project site. The City's "E" crest logo shall be incorporated as part of the proposed sign design. 25. The proposed project shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 17 ZE)Ring unless modified by approved Conditions of Approval. (Amended by Planning Commission at its July 21, 2015 hearing.) 26. There shall be no loitering in or around the business. 27. If operation of this use triggers concerns related to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director, this project may Planning Commission Approved Page 5 of 19 City Council July 21, 2015 August 11, 2015 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 be referred back to the Planning Commission for subsequent review at a public hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said project. 28. Any freestanding signage shall conform to the ultimate street widening improvements so as to achieve setback requirements applicable at that time. 29. The convenience store and gas station business shall operate in compliance with all applicable laws associated with the use. 30. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 31. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity (i.e., 7:00 A.M. — 5:00 P.M., Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. The sign shall be installed prior to the issuance of a grading permit. 32. The applicant shall have a qualified biologist (approved by the City) conduct a pre construction survey for nesting birds on and adjacent to the site (within 100 feet of the site for nesting passerines 500 feet for nesting raptors) no more than three days prior to construction The biologist shall report his or her findings to the City, and the biologist applicant and (if required) the City shall work collaboratively to ensure that no direct impacts to any nesting birds or raptors occur by establishing the construction right of way and scheduling initial ground disturbance and removal of plant material outside of the typical breeding season of birds (February 1 through August 31). If initial ground disturbance and vegetation removal is proposed for the bird nesting period (February 1 through August 31) then active nest sites located during the pre -construction surveys shall be avoided pursuant to the directions of the biologist and a non -disturbance buffer zone established dependent on the species. Nest sites shall be avoided with non -disturbance buffer zones approved by the biologist until the adults and young are no longer reliant on the nest site for survival as determined by a qualified biologist Should the nesting of any migratory bird occur on or adjacent to the site during grading or construction activities, a City qualified biological monitor shall halt all construction activities and notify the City and corresponding resource agency. (Added by the Planning Planning Commission Approved Page 6 of 19 City Council July 21, 2015 August 11, 2015 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 Commission at its July 14, 2015 hearing.) ELSINORE VALLEY MUNICIPAL WATER DISTRICT (EVMWD) 33. The applicant must submit New Construction and Demolition plans per Districts Development process clearly identifying water and wastewater from building to the point of connection in the Public Right of Way. 34. The Developer will be required to submit plans, and pay all applicable fees. 35. The Developer will be required to submit a Will Serve Application. 36. The Developer will be required to submit and secure a Wastewater Industrial Permit from EVMWD Pre -Treatment Department. BUILDING AND SAFETY DIVISION 37. All construction plans must be in accordance with the 2013 building codes. However, if the building permits are not obtained prior to June 16, 2016, the plans must be resubmitted to meet all current codes. 38. Any and all existing or proposed floor elevation changes within the main floor areas shall be made accessible in accordance with Americans with Disabilities Act (ADA) requirements. 39. ARy and all tenaRt improvements shall be OR Gemplianise with the 2010 W13C. (Deleted by Planning Commission at its July 21, 2015 hearing.) 40. Prior to issuance of Building Permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 41. Prior to issuance of Building Permits, applicant shall provide assurance that the Public Building Impact Fee has been paid. 42. Prior to issuance of Building Permits, the applicant shall provide assurance that the Library Capital Improvement Fund fee has been paid. 43. Prior to the issuance of Building Permits, the applicant shall provide assurance that all Multiple Species Habitat Conservation Plan fees have been paid. Planning Commission Approved Page 7 of 19 City Council July 21, 2015 August 11, 2015 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 CITY OF LAKE ELSINORE FIRE MARSHAL 44. Lake Elsinore Fire Protection Planning Office Responsibility- It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (as it is noted above) is required on all correspondence. 45. Please list all local utility companies onto the proposed plans. 46. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Fire Protection Planning Division at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225. The following fire department conditions shall be implemented in accordance with the Lake Elsinore Municipal Code and the adopted codes at the time of project building plan submittal, these conditions are in addition to the adopted code requirements. 47. Minimum Access Standards- The following access requirements are required to be implemented to ensure fire department and emergency vehicular access. All roadways shall conform to the City of Lake Elsinore approved roadway standards but in no case shall the minimum fire department vehicular access be less the following provisions: a) Twenty-four feet (24') clear width. Where parking is to be provided, each parking side shall be provided with eight (8') additional feet on each side of the fire department access. b) Median openings or crossovers between opposing lanes of a divided highway or street shall be located only at approved intersections at intervals of not less than 500 feet. [Ord. 529 § 3.2(F), 1973]. c) The required all weather vehicular access shall be able to support no less than 75,000 lbs. Over 2 axles. The surface shall be concrete or asphalt. d) Roadway gradient shall not exceed 15% on any access road, driveways, and perimeter roads. e) Turning Radius shall be 26' inside and 38' outside for all access roads. 48. Vehicular Access Obstructions: Please clearly label the areas where loading/unloading zones will be located and any other areas that may impede vehicular circulation and/or Fire Department vehicular access. Planning Commission Approved Page 8 of 19 City Council July 21, 2015 August 11, 2015 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 PRIOR TO BUILDING PERMIT ISSUANCE 49. Plan Check Fee- Building plan check fee made payable to The City Lake Elsinore, and shall be submitted to the Fire Department at time plans are submitted to our office(s). 50. Water System Plans- Applicant and/or developer shall separately submit 2 sets of water system plans to the Fire Department for review. Plans must be signed by a registered Civil Engineer and/or water purveyor prior to Fire Department review and approval. Mylars will be signed by the Fire Department after review and approval. Two (2) copies of the signed and approved water plans shall be returned to the Fire Department before release of a building permit. PRIOR TO BUILDING FINAL INSPECTION 51. Knox Rapid Entry Box- A rapid entry Knox Box shall be installed on the outside of the building. Key(s) shall have durable and legible tags affixed for identification of the correlating tenant space. Special forms are available from this office for ordering the Knox Box. If the building/facility is protected with a fire alarm or burglar alarm system, it is recommended that the lock box be "tamper" monitoring. 52. Fire Extinguishers — Minimum Install portable fire extinguishers complying with Section 906 of the 2013 California Fire Code with a minimum rating of 2A-10BC and signage. 53. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 4" projection from the wall. 54. Contact Fire Dept. For proper placement of equipment prior to installation. CITY OF LAKE ELSINORE FIRE MARSHAL 55. Fuel tanks/Hazardous materials -Provide the specific location and quantify for each of the hazardous tanks proposed. 56. Required access within 150'- Fire Department vehicular access is required within any portion of any building as measured along any approved vehicular travel ways. Off-site roadway access should be in accordance with the City of Lake Elsinore Engineering Department. Planning Commission Approved Page 9 of 19 City Council July 21, 2015 August 11, 2015 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 ENGINEERING DEPARTMENT 57. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards and hydrology manual. 58. Developer shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 59. All natural drainage traversing the site (historic flow) shall be conveyed through the site in a manner consistent with the historic flow to one or a combination .of the following: 1) to a public facility; 2) accepted by adjacent property owners by a letter of drainage acceptance; or 3) conveyed to a drainage easement as approved by the City Engineer. 60. All required soils, geology, hydrology and hydraulic and seismic reports shall be prepared by a Registered Civil Engineer. 61. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC). 62. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) on site and/or out on the roadway or alley shall be the responsibility of the property owncr or his agent. Overhead utilities (34 KV or lower) shall be undergrounded. 63. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated both during cleaning, demolition, clear and grubbing or all other phases of construction and during occupancy. 64. Sight distance into and out of this project location shall comply with CALTRANS Standards. FEES: 65. The developer shall pay all Engineering Division assessed, Development Impact Fees, Plan Check and Permit fees (LEMC 16.34). Applicable mitigation fees include: 66. Traffic Infrastructure Fee (TIF): $3.84 per square foot (commercial) of new Planning Commission Approved Page 10 of 19 City Council July 21, 2015 August 11, 2015 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 construction. 67. Transportation Uniform Mitigation Fee (TUMF): Retail $10.49 per square foot of new retail construction and new fuel filling stations. 68. Kangaroo Rat Habitat Fee: $500/per gross acre of disturbed area Master Plan Storm Drain Fee 69. Development impact fees quoted are subject to change. Fees will be assessed at the prevalent rate at time of payment in full. STORM WATER MANAGEMENT/POLLUTION PREVENTION/NPDES Design: 70. The project is responsible for complying with the Santa Ana Region NPDES Permits as warranted based on the nature of development and/or activity. These Permits include: a) General Permit -Construction b) General Permit - Industrial c) Scrap Metal d) Deminimus Discharges e) MS4 71.The 2010 SAR MS4 Permit requires implementation of LID Principles and LID Site Design, where feasible, to treat the pollutants of concern identified for the project, in the following manner (from highest to lowest priority) ( Section XII .E.2, XII.E.3,and XII.E.7) 72. Preventative measures (these are mostly nonstructural measures, e.g., preservation of natural features.to a level consistent with the MEP standard; minimization of Urban Runoff through clustering, reducing impervious areas, etc.) 73.The Project shall Infiltrate, harvest and use, evapotranspiration and/or bio -treat the Design Capture Volume (DCV). 74.The Project shall consider a properly engineered and maintained bio -treatment system only infiltration, harvesting and use and evapotranspiration cannot be feasibly implemented at the project site, Planning Commission Approved Page 11 of 19 City Council July 21, 2015 August 11, 2015 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 75.Any portion of the DCV that is not infiltrated, harvested and used, evapotranspired, and/or biotreated shall be treated and discharged in accordance with the requirements set forth in Section XII.G. 76. The project shall implement LID practices that treat the 85'h percentile storm. 77. Parking lot landscaping shall be designed to provide for treatment, retention or infiltration of runoff. 78. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape. 79. Hydro modification I Hydraulic Conditions of Concern - The project shall identify potential Hydraulic Conditions of Concern (HCOC) and implement measures to limit disturbance of natural water bodies and drainage systems; conserve natural areas; protect slopes, channels and minimize significant impacts from urban runoff. 80. CEQA - If CEQA identifies resources requiring Clean Water Act Section 401 Permitting, the applicant shall obtain certification through the Santa Ana Regional Water Quality Control Board and provide a copy to the Engineering Division. 81. The project shall use either volume -based and/or flow -based criteria for sizing BMPs in accordance with NPDES Permit Provision XII.D.4. Construction: 82. Both a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) for post construction are required for this project. 83. SWPPP - A copy of the current SWPPP shall be kept at the project site, updated as necessary and be available for review upon request. Projects that are not subject to coverage under the General Permit - Construction will prepare and implement an Erosion and Sediment Control Plan in compliance with the California Building Code and Local Ordinances. 84. Prior to grading or building permit the applicant shall demonstrate that compliance with the permit has been obtained by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the letter of notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing to the satisfaction of the City Engineer. Planning Commission Approved Page 12 of 19 City Council July 21, 2015 August 11, 2015 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 85. Erosion & Sediment Control - Prior to the issuance of any grading or building permit, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan .submittal to demonstrate compliance with the City's NPDES Program and state water quality regulations for grading and construction activities. The Erosion and Sediment Control Plan shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be property covered, stored and secured to prevent transport into local drainages or waters by wind, rain, tracking, or dispersion. The plan shall also describe how the project will ensure that all BMPs will be maintained during construction of any future right of ways. A copy of the plan shall be incorporated into the SWPPP as applicable, kept updated as needed to address changing circumstances of the project site, be kept at the project site and available for review upon request. Post Construction: 86. Preliminary WQMP shall be submitted during the project entitlement stage. The level of detail in a preliminary Project -Specific WQMP will depend upon the level of detail known about the overall project design at the time project approval is sought. At a minimum, the preliminary Project -Specific WQMP shall identify the type, size, location, and final ownership of Storm water BMPs adequate to serve new roadways and any common areas, and to also manage runoff from an expected reasonable estimate of the square footage of future roofs, driveways, and other impervious surfaces on each individual lot 87.The applicant shall use the Water Quality Management Plan for the Santa Ana Region of Riverside County guidance document and template for preparation of both the preliminary and final WQMP. 88.The project shall complete and submit for review and approval to the Engineering Division a final WQMP, incorporating the LID Principles and Stormwater BMPs committed to in the preliminary Project -Specific WQMP. The final WQMP shall be approved prior to issuance of any grading or building permit. 89. WQMP - The Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to control identified pollutants of concern. The applicant shall utilize the MS4 Permittee Drainage Area Management Plan (DAMP), Model WQMP, and LID Guidance Manual for reference, and the MS4 Permittee's WQMP template for submittal. This WQMP Planning Commission Approved Page 13 of 19 City Council July 21, 2015 August 11, 2015 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 shall include the following: a) Detailed site and project description b) Potential Stormwater pollutants c) Post -development drainage characteristics d) Low Impact Development (LID) BMP selection and analysis e) Structural and Non -Structural source control BMPs f) Site design and drainage plan (BMP Exhibit) g) Vector issues are addressed in the BMP design, operation and 111 aintenance. h) GIS coordinates for all LID and Treatment Control BMPs i) HCOC - demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2 year and 1.0 year 24 hour rainfall event will not cause significant adverse impacts on downstrea111 erosion and receiving waters, or measures are implemented to mitigate significant .adverse impacts to downstream public facilities and water bodies. Design goal to replicate pre -development hydrologic regime. 90.Operation and Maintenance (O&M) Plan that (1) describes the long-term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies the entity that will be responsible for long term operation and maintenance of the referenced BMPs; and (3) describes the mechanism for funding the long-term operation and maintenance of the referenced BMPs 91.All storm drain inlet facilities shall be appropriately marked "Only Rain in the Storm Drain" using the City authorized marker to prevent illegal dumping in the drain system. 92. Prior to the issuance of a certificate of use and/or occupancy, the applicant shall demonstrate compliance with applicable NPDES permits for construction, industrial/commercial, MS4, etc. to include: a) Demonstrate that all structural Best Management Practices (BMP's) described in the BMP Exhibit from the project's approved WQMP have been implemented, constructed and installed in conformance with approved plans and specifications. b) Demonstrate that the project has complied with all non-structural BMPs described in the project's WQMP. c) Provide signed, notarized certification from the engineer of work that the structural BMP's identified in the project's WQMP are installed and operational. Planning Commission Approved Page 14 of 19 City Council July 21, 2015 August 11, 2015 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 d) Submit a copy of the fully executed, recorded Operations and Maintenance (O&M) Plan for all structural BMPs. e) Demonstrate that copies of the project's approved WQMP (with recorded O&M Plan attached) are available for each of the initial occupants (commercial/industrial) or Owner's Association as appropriate. f) Agree to pay for a Special Investigation from the City of Lake Elsinore for a date twelve (12) Months after the issuance of a Certificate of Use and/or Occupancy for the project to verify compliance with the approved WQMP and O&M Plan. g) A signed/sealed certification from the engineer of work dated 12 months after C of O will be considered in lieu of a Special Investigation by the City. h) Provide a recorded copy of one of the following: • CC&R's (they must include the approved WQMP and O&M Plan) for the project's Owners Association. • A water quality implementation agreement has the approved WQMP and O&M Plan attached; or • The final approved Water Quality Management Plan and Operations and Maintenance Plan. IMPROVEMENTS: 93. Dedicate to the City in fee title right of way, along the alley, for a total half width of 10 feet. 94. Submit improvement plans for alley improvements for plan check. Improvements will be half width + 2' along property line. 95. Applicant shall remove single pole on east side of alley and relocate telephone lines to existing pole on west side of the alley. Electrical service to existing home shall be removed prior to demolition of the structure. (Added by Staff prior to July 21, 2015 Planning Commission hearing.) 96. If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. All improvements shall be in compliance with City Standards. 97. All Improvements, including new driveway approaches and sidewalk installation on Main Street and Sumner frontages, will be compliant with current ADA standards. Planning Commission Approved Page 15 of 19 City Council July 21, 2015 August 11, 2015 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 (Amended by Planning Commission at its July 21, 2015 hearing.) 98. An encroachment permit is required for all work to be done in the public right-of- way. Applicant shall submit the permit application, required fees and documents prior to issuance. 99. A California Registered Civil Engineer shall prepare the improvement plans required for this project. Improvements shall be designed and constructed to City of Lake Elsinore Standards latest edition, and City Codes (LEMC 12.04 and 16.34) PRIOR TO GRADING PERMIT 100. Submit for plan check and approval a parcel merger for APN 374-073-010 and APN 374-073- 009. 101. A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition and/or movement of soil (grading) or alteration of drainage on the site. The plan shall include, as applicable, separate sheets for erosion control, haul route and traffic control. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual (available at www.lake- elsinore.org). 102. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 103. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and/or topography shall be in compliance with federal, state and local law and be approved by the City Engineer. 104. The applicant shall apply for, obtain and submit to the City Engineering Division a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (aka SCE NIL). 105. All grading shall be done under the supervision of a geotechnical engineer. 106. The applicant shall obtain all necessary off-site easements and/or permits for off- site grading and/or drainage acceptance from the adjacent property owners prior to Planning Commission Approved Page 16 of 19 City Council July 21, 2015 August 11, 2015 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 grading permit issuance. 107. Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 108. A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 109. Prior to issuance of a Grading Permit, application shall provide the City for review and approval a plan of all proposed haul routes to be used for. Movement import or export material. Export sites located within the Lake Elsinore City limits must have an active grading permit. Public Noticing and City Council approval is required for haul routes of over 5,000 cubic yards. The cost of noticing .shall be paid by the applicant. PRIOR TO BUILDING PERMIT 110. The parcel merger shall be approved and recorded. 111. A grading permit shall be issued for the project. 112. All required dedications will be submitted to the City for plan check approval. 113. Provide soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. PRIOR TO OCCUPANCY/FINAL APPROVAL: 114. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8% x 11" Mylar) shall be submitted to the Engineering Division before final inspection will be scheduled. 115. All street improvements shall be completed in accordance with approved plans or as a condition of development to the satisfaction of the City Engineer. 116. All required dedications will be recorded, and a certified copy provided to the City. 117. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a certificate of occupancy, applicant shall: Planning Commission Approved Page 17 of 19 City Council July 21, 2015 August 11, 2015 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 a) Demonstrate that all structural BMPs have been constructed, installed and are functioning in conformance with approved plans; and b) Demonstrate that they are prepared to implement all non-structural BMPs included in the conditions of approval or building/grading permit conditions; 118. Applicant shall pay all outstanding applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, Stephens Kangaroo Rat Habitat and area drainage prior to occupancy/final approval. 119. As -built plans for all approved plan sets shall be submitted for review and approval by the City. The applicant/developer/owner is responsible for revising the original Mylar plans. Once the original Mylars have been approved, the applicant shall provide the City with a CD of the "as built" plans in Jif format. 120. All final studies and reports shall be submitted in .tif format on a CD/DVD. Studies and reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP, etc. 121. Provide on compact disc GIS Shape files of all final maps and street and storm drain plans. "ALL DATA MUST BE IN projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. Planning Commission Approved Page 18 of 19 City Council July 21, 2015 August 11, 2015 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2014-12 AND CONDITIONAL USE PERMIT NO. 2014-08 EXHIBIT A 7, M$11NO &ICY Zk MAIN STREET r N Planning Commission Approved Page 19 of 19 City Council July 21, 2015 August 11, 2015 PROPERTY OWNER & APPLICANT. RAI KUMAR 401 E. 6th ST. CORONA, CA 92579 951.736-6149 CON' PACT: RAT KUMAR EXIIIBITPREPARCR: DCS -CON 44-440 TOWN CEN'PER WAY PALM DFSGRT, CA 92260 760-469.0601 CONTACT: DAVL BIILLPN SI'Z'E COMPILATIONS: C LOT AREA - EXISTING - 16,97031 q.fl. 039 ac PROPOSED - 33,351.37 gAt. 0.761, CONVILNCL 9'i'ORE B LUQ- 4,009 sq.li. EXISTING GAS CANOPY - 2,365 sq.ft. PROPOSED GAS CANOPY - 4,365 ,q,ft. PARKING: REQUIRED- 22 SPACES PROVIDED- 23 SPACES LANDSCAPE ARF_A - 3,315 sq. fl. ASSESORS:S PARCEL NUMBERS: 374-073-009&010 �^ SITE ZONING: EXISTING - C OPROPOSED FOODMART BLDG, m PROPOSED FUELING CANOPY - Mln. HEIGHT -15' NEW DISPENSER ISLAND 4 - NEWAREALIGHTS \ J - NEW DRIVE SLAB -6" 2000 psi concrole U- NEW A C. PAVING -Min 2" Comp, Surface over 6" Cornp. Base O- EXIST.O. U.G.T.S ®- CATCH BASIN w/ FLOGARD FILTER 9 - NEW U MASONRY WALL c Q - NEW S CONC. ADA ACCESS PATH NEW CONC. SIX TRASH ENCL. wI /^ y"ryf WOOD LATTICE and CHAIN LINK MESH 2 - NEW MONUMENT I.D. / PRICING SIGN WALK-IN COOLER LP77Td �] Ll - l I I'V, 0(5- FF==4- I -_C - -- - CASHIER STORAGE 48'-Y Und¢nlround Service Alum (c C211'. TOLL FRf_E (P11 4224133 PRELMINARY GRADING PLAN KUMAR CONVENIENCE CENTE IN THE CITY OF LAKE ELSINORE i I e/ ,t rfion F PaeP Rr nnn o To r WovE HEIGHT VN I,{ I nV (o 0 0 TO 2 /OR i IGD LR/ 118 2b 49'E 1004`a 't wG <LLF �{ 9 E�LLEPI D 28 49't >es7 Ec { �,+ Eo) 1 v 1 C>7 oD c ._ r, I T L.. $0.__._ _ "` 76.52 FS— —18.6n �_R/'�- PI •�i t0' •� ' Pn , 'IF. t To 1 IANL LOT 6\\ LJJ a (78 4t EG) ,9 r i2 Fs\ ZZ r -(78.16 EG' Z f W m - '7681 E-) .goof Q0791jr, IS IOT W .� EXIST aolLn f rF6 6/3/6 S0. 1 Z m7 n ro 6E PEefovfn Cm6 /9 11 B,�� (-79-0 r.. I t �/9 60 FS r 2 -E al n � Eas SP 00 r5 (DI 80 EO) Ko 34 [cY" 57 Ec) J Paopp, Ex Tic anMP N'18'28 N F 1000 n Po182 (ea. 'I TC k (6D.74 IG) 6c66 To A (6tn6 Tc) (6� (80-'-8 FL? a N (An`ae FU l6f 6 L)� 10 (80 k� � 1 j60.15 FS) ((1f (B 4J ��0.69 Iq' (806+ Fe) M \IN STREET MAIN 61 KLE APPF 1-) A 117 �ucFPL L f-unrr MF cwury n 1vu!rIL M /PPrOKOA f f 111 •o OFDof PIIHn 112/0PITcnD . TF GV'=AILL: rl If FOunD ACM rT T11 1 D _ FT CSItgNL II KI N,, SJ1,90 DnrE CT E14GII;FP� llll OF 11I f IORC iH01 ®BRICK VENEE OB ACM FASCIA T.E. EXISTING ALLEY I MMMa NFIIAL, ['40 4'bC!l. •10 PVC. 51-EEVn�l Al ORWPHAY CROS o < 0 M 0 0 C6 < I W.�� i MAIN STREET A , �11 A II I II III NOTE IMv D E�\/ C E IYPICAL MiNCHING, DERAIL �FR ESSURE BACKf-i.-OW,__ 0 EX 0 0", SI, 9, 0, cnmy ,c 0 'In%,r rI - /r se MADE -M 0, xo DE EP WA TURING DE rAl,- (FHR-jF3 AREAS) WALL OUNII-D CONTRO�.Lr.-.R DETAIL WALL �EA LL RRIGhTON LISEV40 ffIll"I7. 11-1111111,11K A. 1��l DJ ... ...... . . 10 ­7 . ...... . P CAS WIRE CONNFCTION DE�A:L- 1EIllrli IEGIIF/lCP If JI/wl:i `(111f: 1IT11". ....... 1 OD IRpIGh 8011 S'SIElb SCON. 04or Werk Io Frac seollon Icqudm Noddlnq all relic, malnrlol e4vl("IF feels, "r if,, end c-Derle'ioe n my to lu rn teff lolrostoll a omplefa b';'.Uon "iom ak" 1002 ' o royo of da4gnatou orcu more Al mo ermxulg6' arm apeelned Larem- 0. 11" .it .4,011 IncNda bill shod net Im rile sadly ba Ilorlled Ill be fcllowlog city 6s sp nr111oJ allcrui m: . 11,1 Ler"I'lne Clibib"re FF the killebeeflcn !Arte, IIIA n r "marts, anA If alt on'/ of nes in (am inti o'r cor,clebry lora mmplala Dna ccnnus.,e Are :5.00 SUPERVISION rind WORK1AAN51tIP'. 'he Ieeostepn Conlraetor, parwF lify ar th-aogl, 00 IF ornpelent ry,rosv lel olive, thrill :rro lnc •, "moll Alk wr a „rine keep me ; a ;canto o and w n lire fill, hili!<keit V (.CMplCtlor:. Rrr- the ve 11/a fib nlls, ee:aY v;I, bo I, clOn, ono r c•pc,ewe ane I v",<•r, nerkmer, w..l be e1j,,ee oil i00 tiJORAMEE .... 1 9Mer;,V 'Doo ll nilontl licleli, cr o efv _,.. F,eblb nq utl pli ri likhr.,k, Del p rel(, (J nlov S aellicd Of eF,Y'iI v �, er F ph v, to t oral .."or:, nn f or n A lie .a,V1111, Fed fuel nd"bnenl of lira" to ineorc complete car er Orf a, I rrenebinry sl-lo,w, elcoAlke, moleriols and roNliny lmnclmsincluding rAbP ion of bock £II ane urzla'Jallan al ..amus. i. lino 11 bge mclMn6 40 fire Frigetc, con mors ata 111- control meek (min cwbober.- to Cl ci rN E, lieplacomvnt (1 fe'e ce-ory material" 6. Clecil ineoacurm I'd oop.m ll. 1. Opemtimol Ill, n. "As Baurora d,.iAr91. Are, dbibm s, r,a.conocs end guorcrces. q_ yell, ceell,locelld suetyloaot:ons 2.00 CODES, PERDIT'll -EES, IICiiNSE AND INSURANCE'. !r. Au work end moteriols troll be i, ebroeric.. with kill, a bbbA r (en regulof is ns If the Neli.e. Linin.. fade, Ill,e Plumolnq Code, puhllel'o by the lvestern 11 -ten, VlCnlal( e -VIII., lend other aprAti.bl, Stare -A la(1 le", c, rebA.Viil Nothing b Veire Ufew:n I or SPe M.,lbeer is Ib be cvrribiCa to permit rvnrl. not comforming 1, Incas Code6. S. the Lobbeepe Conlmclor sbo:l pro'crit) court, ;Ile 0-er's Aeprosarrlallw/cone,al CorrlrvelOr It by work eufMad I. Ile plana o spc=I beatroes :bnf b n rn t .don, with elrpllceblo IOws, catles. (ntl Fell Yrr2Fmltrir rants and apprap-til morfifioallens by Ire Own O ,'J Raproxeclou-, [be .andxcopC C(nlmcto[ sniff o all r^sponsibro, lar any c1l, a eared h;Al is contram ..If, Iaw., coat" it raga-otlon6. All ttm8 sbm: be pUmrmell by o C-27 Cdlmree, ::comm L1.141II'le Irr:g of ion CCntre,b, C. perm ll6 F I rspecrp -ba t. r:es�FP. Ce,,lp.or ,a FmFi (rmeofo, ,m pry be, I'r, bertnlh, fees, and ognacy vrspeefmnb'a rey,.Vea dntl scbrnil of cmliricates of I'krA-1 upon camplolie" of «ark ibn Lanb6L'npa Controclor $1101 Ferry all Workers Comprlsallan, public' liobillly ontl Properly damage in vrA,eirtd by ml appgcebla codec, req,nellons, and the G"k.; Conlmror. F, Sill, 1111icalinn: Prior to Forrimencerneft Of work. Ilsceprf e LonaCcnbactor sboll cr Arty (II condllraoc and elrncnclane ybo vl rr on IM1C pIII, aeceseary to oNllC,r Ibc in ended occ9n of Ibo :rrigufim 1,1bbi. Any tlISUCpOncies s,oll ba ..pintas immed`.olefy t .,wee,I Represonmla•n/e"n"rol Camaelor. c. Ill birmron: Ill Landscape Cre11c, t der I" rlepe"eir , b caardmfn"I cele mol.. a mbar lam 6. - lodaaa or blit I" rel bnnW Iq nravleron" for ll n'o}s and 0 a neu n nater era newer sw. MI Irtigotlon workrk 1f,eCM1oil yc coornlCect ,,ke, entl caprined by :.friar r Represemmioo/General C(ntraclar. IDs an aseapn nae bet m, bell eir,D, own r RaPrF la lire/ al Conlred n s Icon «,o (Z) a :orkrng Jop In cd aunct ether of :e6 er ar,y mp.molae ab>arrmian. tqv..t Of tverl:'. L lira LanFbcopp Control"r shall lbb. pot FuA Ir4,bubiri Ater she , file era ing,. The" ab on ba 1.11I.... b) the I..rdscopo Ccil erd onnor, s Rcia-r ,to( u¢ /ot rm C-bemar bot.b......F i (I ....< tee. Aly :h ECk ul 1111 Lela )II, It ,FI eyelet l If, «ra rnis mint 'Fit, ef tyle F F-o"ArIl. liell cant.. 1. 11 -co. m1 Lar .,ape C1ebr F. sl,o. : mile a11n, tFi li lhm mid r , Fill t( me m]a 0 ,"itillp-d lea 'Q be", to ..(morin la f (,alicti o d to pro:.do c .:a los¢, co rc'ag< sl a ml rr gmmn (aF.- 1/" d ":OI 1 fl 1 1, z1.1r c wl', .Ire )leA-1,1e lel /(:.,mal Ibo.Delo. pi ,. la a n vigtU..o s stanodan. lma Lendswpe atom Centro -me al 'J take ILII r, o1LbIn OJ�u film nnip 'u, uY rrma. ilii. '. r., nor.: ief i. lea npl -rirud -A PI malercl Iliournanshp snot ion mtl .,,fpnlam to lire c pule sal sfa-lio, cl O«re,o ff.,r, nue rm Cor Delo,0e me after h cePlan o1 kb IoF.(r.m, ul¢ 14..elanper. cd rllm eel s. --robe, an,r"t rel o 9 ,o -11. «aln.nel uL di('mn al rayri se C, ."las to alba. S If Firol Ir. poring, n an ...tares, .'ll bit; .corapcall. a rpt....: a1 or mprr.Din wty ner trend b...cr thou be prorap .......free for me s C«ne a Nwlr<xerfIlli ve /G to gyral Ceil... b. el no addif ,,. Mlle goo Defoe crudes Nell, , eblism, nol..ra rll,re worts en Ve, sysA' by e1Fer:. Offer t ........ weoxaapa C-lellm, shp:l cl-Ck, e l an. and Il n m moral M1nev ano omfelrsere mapJam ark^allpn r 6 ylr.'n mroagbam tire o q al,lm perms. 5.00 WSEmnIS'. A. NI work ontl moterbL Sl,ell be in lull le. -donee lOth .(lest rulo6 and 'b"I"U"', of the IJollorew Eleeblc C Oviform Plumbing 01,51 , pu bli cled by Iia \'lesl(m Pia Ilf-ale Aeeealab Dell Filara(Pd n Slrle r 1(c rvri-feelelnin , l,v a V,a of r.}- er Sir (fn it ba J.,n....lcc .F Rarmll work rml ttrrfu,miag to :Ir y. A" e'.iprnenl [boll lie ail "ced in fie logvna octant, !pacirildb loll All m eeolpe,ll nor defaib and --Ill ur: -1.11F 6' n�l-to..r'r en tlalA,n N 6..bobol r ;:boll Uo npproacd by Owneia Re"f vola Conlrec la in r: ro, Any .rill, liuJ eblpment IF, replocvtl lel l,re l..... Cerit-lor'c f .,. C. NPee Ibc Speeil:calions col! for lloor", O net..... A hilae. aaorrp or mAb, s o man ranrrlrea dv be m cnlloned R _and rc war ms, Ile Specifeel ianc sl, AleCC Uer re r the ,bi vole Ff be r reg(I lie., <epe Loi •bll of , ory cxbn 'be'g' .1, loahleoe: owlenel ane fmo: w by be lmplip with Ibeso .ilex ontl regalelile} if bo not m n, loeeJ In [hint parll•nda, [padR<etmns o, 0. Ilm I«ll -Wile shall InrJuba Lel shall nm rile.. I, limit Ea Ic fila IClle,irr I, 1I. AIDC PIPE: o. F.rlvndee (mm I..e etre In Pol yin 11 cnlorleo (11, Oel0.ee ciell er of Prasur: pine dire Fo me ve ` nn Pipa ,.Arm pian d". In Art PPI led ;Pb wllba coreancc w'Nty . utl socmOI mos 11111-r,, ' S Sl on o oro'. v. PICA mall fin c uay one perrnen-it •nor. Ibc le loe, :-br,ce'o Fi1lTc.,lorucrcr:, n Icl: "IC filo, S,D R. c' pe -.re r(t'l it: one nil e. If eicill 6bcp be rime ,nib , vfra ar <ha bony pnrm(md loin pr(:c ri yae e,,.,bre ,o 1. boll0i an PV:: Akkrc Dine from ening" Forint sf wge. z. I've rlt nr:c : o. pios:rc tial„p; , on Fa ri of biS .'Inortae(eel 1. - 1-c, f0. B.S . ata F( 6n.:enr «via type, i, ere. $ na(snrno 1 -Mir cf,ej e el 11 Il"le,1 a rJµ;iW, ileac r. ,i be Ie odea m .:aM1eaule 00. All rnnnccfron. ,roll be -1-t ' G Promo l 0 ki.,1, }ren be e' v..f- lit la : ,Ir b , -. mor-1/or, u. v.<' .. .c m :: •nrell II Fa wdb olo D nine oacItorblob be boon aphb,-, fin, < . 1 P,mal Fail v ib"re' e(y fir, Ihr, 1 kcicQTf CON 'If)' 'vnn,E1, 1.111 1 i 'cuIF, vine all «e'n Lys sin, ,t/Oce ,FI ra, brill F, bHg alio n u•ca b/ L EXISTING ALI Surround Style- Planting with Dacpr'oet Univei r+al barrlers N1m rN.s1-p IX. mN .t\v. reR:etm )a: r:l t. I( ld+y a g'ry n raW.aed rr rr �tm Mnlr u!n cm a tlrouU+rGlo Ymtwa c �rr:ML n rrn,+,-a b., .xa pmlM IMe e, Iho-mm ww. nus u v ue Ym<.) .n m wryt m I;nn.aree Mr.W:n ^w1 rNr IF +M<lW� o! hied Dmrt tic+clnr ue n Um wiry u rud 4N ] ve e<ro'9V ��'+^�a✓1 hr1U. fewt'u H dAr¢ pccer m w,wnta tM tnlrvc ttrr cl .tLv4atlr 1r+a trrd. !' ' r4hd In UFrq.: wl' Mruw ual [r IMInI rWum ce {'p:(Q rca++f :M el Y•^'P Yeea tee 0- IruNb n be Uaa({ yur. mn tr® Lvoy Vy r k Lre,cre -w. mv[ra yG mf nne.+[s. (See .mae"•rdl.aa 9. RrrNe. Ile /✓PWufe nWv tr JuPVWI V1rFW Pnh psrJ1.1 +'lIA rGo1 M1u::1b+D+n+IM.:ur: Il Wu, mfla:'ry r'rta uee ci'.fwu INr"�c+. ' L fxc Mnr tl;Ic rrul 6d :Ile.bvpy vem ^pert FF .n e rrzurj.x.Irvnm,L 1r yvwin ma uraa"r� r + «9w. me rvnrM a c-µn:y �In rN Ima'.w, e'`� w�a' oarpaw.r r re' nr er yry oe pbM). It, linty rv,[rutln+ m'ee kpny n rM thA G[ dsiM fq Wj M tie In:K+ 1 x, YiN giL:ee lu y`sln) i.l1�' 9"ryTu1 A re i'iv a - """ e V AT'a Pr wn+1dY V2' (1.YN <n vsY. arvey of vnml pD+l n'/ ne,IVM 'n fury rctad NE•;ti n,[ orr,9w[R r� f .yrt»: btt r .+u It x L 1n, a /✓Wbtrle o Ilu uP dFl ✓+>^ Pafc a • rtEl me:ffatn H.vA rwlta6 n:Ime pwryn rn Ye1 :n rYxmlW Mdl[yer Fu uttl'M' FlucW.:e'v. rkt ox ra4afe el o r«ut of u�.;xt .rtn m: m:+e n.: I,rcrw to ...aw•a..x tY wlf,vA ucrath r"br rrot Irtl m :Awentu: r[yydrp balrlMve rknc u.\ 1 CM L'/ ✓.PWmig I" (]LN m3+[ gdc FWI Ci50.:6G0). ,a IW uGr Gama ys cIN� UIYIJ. e. aro:[ ;re bw o -w na G,,;ae.. r. [o u, w �f M: 1[4mare s�um� i+ens eeol m orzea2x\ (etit'n o! W'm nd lwl'ry cetu rn fh la r. m.I Gyve¢ Iln tu?ld ur fM M.Lbm amY [n Nr IM vpc a! IM I+xrw w tM M![ errry a'4':!pennxN I:ane �! de BrwJ rc VII taP^"e to by Mnta .o [r,i capes e W �� .�/orW Poly tnte'dtul 1Ml Yml 9c -v Aw. m[w. G.e v I) O� wo ' CA'Mrc "ostV) ROOT FDARRIER 1 -)_TAIL N0"r 10 °•i.I:LE 1 1''LY RLIMNR 1'I05P WHITE WOOD OR ME I'LAC, 1 PEP GUY q It. GA. GAI_`L %I)lRH 3 PCP. TREE GA LI. TUP.N H1Rd< 1- PCI: GUY 'hrlRv. IrINISH GP.ADC GUNGF:i l' DLOCI( TREE POC'! HALL PREPAP-1) 6011. SEE SPED. IRE _ G.LTYING DETAIL Nor 10 sG SLCTYON 021120 P1.:1NTING P.SR'I1 - GENERAL nl SUMMARY 1L I Ji<I' III),M llI M.I. f'Ip AI Iw.., plc 3 1 t 6: lIll fix , 1 f y 'f i. Pm n.c lr< II It, and coin. 1ui'Ia I l I,.D .ng.-sp.,G, IdhmG na,d ental @a.c mp!e¢ and prole Invvllai ,ion, ndnding,,bm no, necca.,Ay limunl mina folloMUG i. Dispnrd oY vn ,nlcd ,vth as slwciEcd cr dlnacd. .. 1. i. Fla,,h Fld,il, a, lId hms n.d JI11 ng. I. Pvmisbing ppluninl.Opuzriona linduding wvaing, valdng, guying nnA A,Eng, s�]ing, rodding, or sroloNaiap,l. Pro imanut« and guar All xorkof 1rouu6f -, ,1 msildl Jac vol 1lo1A hb-l"d , a.Ili. ,d ofdod, ,/.o,ari. I,e,dmrnum plcunn ind,rcimy dein-W+ of,be aim 6. RaFeno L iI&,,lpn Draining, [or 6"nnnl Nana, Spm=ili"a,ions and Dl, ill (or v:pplu, en,ary mfe,—,Ion mallculniamcn,. In the .ran of conEict O,c Inns. x11.... shall apply u, me dsctttlon of, , Lands. q+e A.lml-l. LIY RGLA'13D WORK A. Rolanl Wnd. Sp,66,d Elsewhere 1. Documaus nffming,voek.(16is SIlu.lt..lhl1e, bu,na nuc.ucs d'lim uxl m, Gcncml Rcqui.cn,cros u, dmsc Slx:cif�cnd.ns. 2. $codon 02.810 L ndxnpr. Lrrig:nion L(.; SCHEDULES OF WORK A. i71mr. I—d IINhe u„usacq..broil a wank eehuhJI s def"I'll m' dm Imduepe Asr.11ueG foe exaying o., die xork. No n,odifica.ions'had br. made ro,Lis sdrednly which Larf no, born :y+pmvN by ,hc Lands¢gn: Am!tima. R. Conuaclor ¢hall l,b,nit lilt.f all iub, l I,,,ns wI,h mlcphona l I..... „amus of rocpunsllr, mperinandcros m foramen, m l.andssxpc Ambim<Ps affil, smrn C7)day. aRcr mno-acl aapprovul. C, III general, it,, rvork Jell pro«eJ vs mpidlyc,Lc 1n1l1l1d ponlrn+¢ of 'ill ',-I blunt- araiflIlk, wnsismm will, d+c unavoidable seasonal Ilndmduns of 1lndzeape work. Coopavc -d, .,herorklq, and vdjac .Jul n.ded in 11,11 "Id, a asl el m dc,mvining,hn vcupc and nladonsMp n(,hcse c.nwmr vid comdluafnp if, ua,k ¢�be done root.. nN,. 1,114 SUMBITA S A. SAMPLES,ANA),YSIS AND31`A ID,R S I. Subrmcro die tandsape A,cLi.ecr hrz appr.,nl helix, doliveq; sample vid cuNEnl a+aiysis of Eerdlvss alta Bras mal; ilso soil...... nfl+w. sww,g nal .mposi,ion and quvndq available. 1� 0,.l N) Iib 1 1I f 0she -I Is..IIII F-.dLb '.1 d..'.1JIl, n,ld,'n «o,dmcc „-I h caned hof J,nA suc,dnn of O(fio114{,, I. NCI .as. ¢cd shell na., ,be lIA—Ile for gen wuuon unJ P„rny of,l,e Offidd 51111 :\nolynx of Nortl, lunerien. n. Nur rock ahnll.,cu ILc a...... -ion of"dgvmhon: C,,&of Califonril` ,ld,hc mg,Jacio„x oYdm "D'vc",or of Ag,iculnm Pauilwag m iJnrsa\' Srtwl:" as m gcading:md qunlily. L. No sIhffimlion,v111 b, permiucd aah.m il',, m nip I'll oF,hv Loi "'pv Ar, ,i1wf. tlm L—d,of, A l.,' - 1 1 F I f I. "Id l naIp, 0.,,n for< npa : ,'rL dm spec (icavons. Ih.jecmd .umaW. 51,11 be re.+ll"d funIl the sic Ly tlur annnaaoc. 605I'LM 1NNE.f, A. Phn, ,q and —d 4 hall I (' I 1 1 - I I' 'IIpl ti b p d lea n<I nulcS We s, pen s_ I(, q. il'feJ p: ',g for 0,x, t,<II ,Eng fnrnnns aU be o, J,c iN, m d,c aim wl¢noe., plvni,y� it III pinyon,. v RAM .-PRODL`CT 2,11 MA'I'P.RL\)5 II n if, In„n, of 1111, 1ped6onion Ola all nn lul' :,' hcmin sparaf ll wd'hmvn vuhu desiring, sleep be of ILc Lighea .uah,v ,,'ilable and mceong die s.gv4nnrnu spe,ided. .A,\VAI'GA. SnItAlf,ee&,r We xcemion ofd,is ",,'kand n+ein,mL,ncc ehnll Ill pmvuhJ bS ILc O,rncr nl ,m Conics. nlr rhJl, Lumvv1 , Lv r,q.i,<A uI fivaisl, nix own boss .uld hon wnnccuma ham ,bc aadax w'Lc.I dm ...virtu be l.mi<LrJ. I. Sniladd,bv III.Ilialesp1dilldIll n.n'hA be pulN,a nl Airealy Lnm Land'I`,& In ,he Landscal><Conrrnemr. LandTech..,than Daniell ,9519) (IM -3211q (m uleul). '2. the Lndscrpe Con,raaorahall nnanEeend pal ForadoilleslmbeuL,"n Concur nary, dcpaldlng on me iia” oPom pinnal m dcrt,minc ,hc dalden�cL,O,e ;.nil1.a+ppun,, nn,m plm,;povnh in Inn pamcWf. sol o'InIll.. the.inaneof dm ,n1s v,dAvsp,, rrsnnun"fullvru L.r 1 l C. I1i sl G Ib,l i-1 M111 I of g)f 11 {b,dc V Lnnl pYn , Aa>ldtlid cr lWl by aril innlnadc,cminul is bI cc ,ry by,l I 1 .pv6chiwc,- D- PLA\ I' MATEW Af, W,llrin %dap alio award of Conuem, suLmi, m m, L rldsal,. AnbimG dnovnen„don ,Lv, all pian, ou¢+vl ns henln speu6«I Ills Ircen o.dumd. "I 'Alphos xl9fb, nu ,g ,rt,n nccn l cwd, go.dL vprncrt<a, and Null -' Ill dII Ili v d" as lo 'ho" 1.1 1"1nc,l'y Fria....... l' ,Iran,'. yea s. 2. PillIts diallb., II filcir 1pIdIlo' }',I l U1. }f: fl li. I hev shalt b. s. ,I Ir 11 f 'g_ Ill : 1 1- I I 1: I IolIll l.f. 'IIIc, shall he Erle of d i .los..... clan-af. x,i I Il L,ec re,ld„ ,,Illdcvdnpul mar,)llama. v'i'rus shall Lave s,rugh, l"unks ,rod, dm Icndcr inrxq,nd—,"Ii ltd Imuu. All nid absueimn and ems shall IIe campludy cdLraui over. 'Rs5 shall b, and srcnsdy Ir, sukcs on <hdivop. u. M 1111, and snob' Stall be., -,earl when d,ur b..... are in II rmnna pnsi,inn. lVcrghcnnd sp.nd din muions when ...idled mf,, ro dao nun body of du: plans vtd no, from band, or mot rip w tip. 5, NI plans snail ... fm n ro O¢ ul.... cmcm.+s,-ifld W :III Pim, Lis, ahcn appl'¢ably, Ilia, plonn Ivga Jmo "'ibad n ar be used if appmv,:d by the l.:mdsv7pe AmLimu,. (Jac of sari, plana shall I.t inucvsc it cuTn I 6.5"' IEM stn'bill I, befog p,w+inl 7. Pimm shall nrn be pmnvd Ill ro. n dehvcq encgn nlnm,inial appnrral of d,c Lindsay. Ard,ilcm. & CnmJncc smds, Shall havogmmn L, mo wnmincrs in wblcb Illf—I'll for n, Ica., 6 ..0,5 ...... over 2 yerv,%. Sx,nplcs .11.11 be shown ,. )III,, no so., -band 11114-1 H. Kn of plv,s,hm havc.nrckd.rbmku, bulls of cznb u hal III:—I-I, if,, "shall he'l'p" l ""'),upon spedN approval. camne<I "..k shall bf —..... .I �mEJly Fr.nsafiI. sn..... ,lave I,.!., c., on 2sidI, I Id, dno snips ndmr appmoul <un¢nA spade may no, N'. usul m c m u,n, IID nor Ilh.I' ha ndl. ,.nnuin<r plains by dm mps, slaps or trunks l,1 a,y d.+.. 10. No plan, shall b< bonnd ,If, u1", nr rola a lnr dine I—' me bol: or h,eak brand,f,. i, Qua ,fancy 10 complGo,bd, ovvshown in rbc If .... lif'.hall be E,mi'hw. Any discrepv,ry in die q.,.dd, bnven m rbc Ia1wn Gs shall no, u.,dc Om Conuaaue, , vddidonN remw+narinn. 12.'11, LandscapeAIII t,e¢,.ax,11111 night r.,.akc u,bednldm11. addrduns and ddellonn in dreplaning ,.home, when Le 6.:Insnttexsnp us the ,vnk pr.bKus,s on 11v I hIlIl I,}I d i p q.naLly adjl , fd I I- .. y VII III J .gL 'ddb, sib ll forv,l Wllanbiu,,. ng.d"nalid l,a-,un a burin ecifed. 13. All gm,nd arcaa shall b. i. "Ild 1, Wo..... i" indiromd oIl d,I plans. Cunmsws shall b, mspansibic 4,r Id¢ own ilial mull,, 6. JNSPBCIION OF PLANT MA1 FItlAl.: I. PL 111¢ ail At Ile.arbjv« Io inspeoion ant appa,,:+l a, place of'— III .Lion ddi.ayr fn' aonfounip msp;I'f nrcquirnnausax mgmJipt sv.cwdvarimp. S,Id, y,pmvxl shell rt m,painhc nghl hl nE Ipvrd,<jm:,im,bc nm 1111,1 dm pinyin f,Lc,vnl'n k+r pec nud anWhim f iII.i— cs. Itquwd piaua si all L,. 11111.11d dlaldlfrom ds '? All sp,6 I. ,.....Mill be I&ald and m(<}ed by dm I,.d... pc AIlml I,, l,l mar pisco of genwlh, .Ncsr,ma11gemcnn ". mad,. mhenv'ua 3. No pL.,a1 ) I.e A b .nil rc nc i,r. ua,il IF q,'. 1i n } u ,. L.w ban nude aoJ J,v plums appmvcd. a. Cerdficn of impucdon.filum mnmdals ,lull Lu fanrid,cd as um, hmc,opdi by Pcdcml, siva m mho, au,Aorida,a accompany '.".11111,x. 5. S.bsdl,l6, sill n., be pcu11iu,d. Icproo(Isn.Wli-4,I,h. Landnopr..A11 hlgl,ha, ny pF rspuafi 1 uv+bII al I, WIIIII al II cc nsid f s. d -Id .gill, We �,I,ry nllb v, cgvubla dl: , dolt. 1 ti it p, of xhnll bu afro. hal J'W"), of the u.nnnel. Plli9'5 ESF:CII'I'ION 3.01 PLW F PIIS AND Ili; DS PI I 1011 ..... 1 1 cmrnl I IIIf .lain AO I ri,,o(5)g 11 - ccs -5 - ,,,I 4-f... d Learn oaf W" co., M If I"N"n (15, gallon...... aslmd All, base;. Inge cn.ugh .+:Jl.,v our. Eco, .f sl,lo< u,—nd ,Lc ball i. All da- ,I—, 3.0^_ 6�SCA%WI"ED NATPJUdl A. SL:JI b, I --,+i :Ind Inaainl 9 W 1lm dopnseJ e. omfC dm aim v Jin:e�.i 13y IIIc f anJscapf /ssddnv,. 91'-Rvl Strata of California --The Resources Agency D EPARTNtENT OF PARKS AND RECHFATION HISTORIC RESOURCES INVENTORY DINT IFICATION 1. Common name: 2. Historic name: HAGS............... HAER UTM: A C Ser. No. ...._?_.~-iC`-_._J._..,!friN, NR SHL _._ Loc.—�.. 3. Street or rural address: •jO% N. Mai.0 ;; _ �______��...__._.._ City lake I 1 Si 11 o r e Zip �'3f County 12i irrrei rl �,�r_ 4. Parcel number: 3 74 - 0 7 3- 0 0 9- 7 5. Present Owner: Joan i-Iavmon Address: 3(17 NI _ 1YJ i.. .SJR_. ..._...a. city bake Elsinore Zip 923") Ownership is: Public Private 6. Present Use: , R.esident ia1. Original use: Resi dC"Dti n I _,_...._._.. DESCRIPTION 7a. Architectural style: Craftsman Bungalow 7b. Briefly describe the present physical description of the site or structure and describe any major alterations from its original condition: 'Phis Craftsman bungalow at 307 N. Main St. has a gabled roof and gabled porch.with three hr�i.ck pier supports and two battered mood piers, on each side. Siding is tongue-:i.n-groove with wade and narrow horizontal. slats. Purlins have curvilinear edges and the eave ra.ftc]'s are poi.nt:ed and extended. D4ullioned wiiidow.s have a decorative diamond Pattern to them. Tall trees shade one side of this Craftsman bungalow. Construction date: Estimated Factual , 1 ( 7_`a__ S. Architect 10. Builder 11, Approx. Property size fin feet) Frontatle,v_.— Depth____..__._._.. or approx. 12. Date(s) of enclosed phorowai)II(s) A1?ril_ 28. 1981. 08-J0 28_ ", 13. Condition: Excellent .._-_Good —. Fair.._ Deteriorated._. No longer in existence 14, Alterations: Mi n• 15. Surroundings: (Check more than one if necessary) Open land ._Scattered buildings --X__ Densely built-up Residential _X _Industrial _Commercial y,^ Other: 16. Threats to site: None knownX,_Private development_ Zoning _____ Vandalism Public Works project .— Other: - 17. Is the structure: On its original site? [/ Moved? Unknown? 18. Related features: SIGNIFICANCE 19. Briefly state historical and/or architectural importance (include dates, events, and persons associated with the site.) This Craftsman bungalow is part of the Lake Elsinore downtown historic area. 20. 21 22. Main theme of the historic resource: (If more than one is checked, number in order of importance.) Architecture X Arts & Leisure Economic/Industrial _Exploration/Settlement _ Government Military Religion Social/Education Sources (List books, documents, surveys, personal interviews and their dates). County records. Date form prepared May 1 3, 1982 By Ji TO WA 1710 Organization RiV. Co. HJstor. icaI Comm Address: 4600 CrestmorD �Rd-- City Rubidoux Zip92519 Phone: (714) 787-2551 Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): NORTH ELSINORE VALLEY COMMUNITY DEVELOPMENT CORPORATION P O e0%59 Lake F Ismore, CA 92331-0059 HISTORIC RESOURCES INVENTORY IDENTIFICATION Jeal Hayman HcKe 1. Common name ----'—'- None 2. Historic name _ 307 North Main St. 3, Street or rural address: ---. — Gey_ Lake Elsinore 4. Parcel number 374-073-009-7 5. Present Owner: Jean Payman Lake Elsinore City 6. Present Use: Residential Report to City of Lake Elsinore Redevelopment Agency November 1990 Zip 97330 County RL'Prcicif Address: same �..��..._ Zip 9233&neiship is: Public _, Pnuate XX iginal use: Re, S i d e 11 t i a7.___„___,_ DESCRIPTION Craftsman Bungalow 7a. Architectural style: 7b. Briefly describe the present physica/descriprion of the site or structure and describe any major alterations from its original condition: This Craftsman bungalow at 307 N. Main St. has a gabled roof and gabled porch with three brick pier supports and two battered wood piers on each side. Siding is tongue- in -groove with wide and narrow horizontal slats. Purlins have curvilinear edges and the cave rafters are pointed and extended. Mullioned windows have a decorative diamond pattern to them. Tall trees shade one side of. this Craftsman bungalow, 0 Construction date: 191.1 . Estimated _.__— Factual — 9. Architect 1}4pgidii 1Q Bu i l der C�3�t._CY.�S..SSsZ.G'-1'-1' 11, Approx. PrOPUty site 6n feel! De m or appla., 12. Dafe(s) of enclosed Pholog,aph("I July 1990 13. Condition 14, Alterations. 15. X}[ No longer in existence Excellent Good _..�__.. fair Dnsrior at a! ge few Surrotanrl:ngs: (Check more than one if nocexury) Open land ___._S""ered buildings — Densely built-up Residential _X.Industrial _Commercial NOther: --- ---- 16. Threats to site: None known .-Private development Zoning Vandalism Public Works prof --- Other: _ 17. Is the structure: On its original site? _..__..X_ Movd7 Unknown? 18. Related features: SIGNtfICANCE 19. Briefly state historical and/or architectural importance (include dates, everts, and persons associated with the site.) This building has been occupied by the .Jean Hayman (Henry Schermer.) family since 1934. It is a typical Craftsman Bungalow and features leaded glass windows, a slotted glass oak door, a separate garage, is barn like with beautiful trees on the approximately 1/2 acre parcel. It has a large living room, two bedrooms and a service. porch. There is an attic upstairs. Jean Hayman was a school teacher in the community and now has an elementary school named for her. 20. Main theme of the historic resource: (It more than one is checked, number in order of importance.) Architecture xx� Arts & Leisure �. Eco nom is/Industrial .,_Exploration /Setttement Government _— Military Religion _.— Social/Education — 21. Sources (List books, documents, surveys, personal interviews and their dates). Local informants. 22 Date form prepared October 1990 By (name) Jim ea Organization Dv)ore Valley CDC Address: Box 59 City Lao `cel , Cait phone! r._.._.. - ____._._.__..— Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): NORTH Q J� CITY OF LADE 9 LSII`IOI\E ;�`V DREAM EXTREME - CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: Honorable Chairman Members of the Planning Commission FROM: Richard J. MacHott, LEED Green Associate Planning Manager DATE: July 21, 2015 PROJECT: Conditional Use Permit No. 2014-08 and Commercial Design Review No. 2014-12 - A Request to Demolish the Existing Gas Station and Convenience Store at 301 N. Main Street and to Relocate the Adjacent Single -Family Dwelling Unit to Another Lot within the Historic District; In Order to Construct a New 4,009 Square -Foot Convenience Store with a 4,365 Square - Foot Fueling Station. APPLICANT/ Raj Kumar, 401 East 6t". Street, Corona, CA 92879 OWNER: Recommendation Staff recommends that the Planning Commission: 1. Adopt Resolution No. 2015- ; A Resolution of the Planning Commission of the City of Lake Elsinore, California, Approving Conditional Use Permit No. 2014-08; for the Development of a Freestanding 4,365 Square Foot Gasoline Station with Six Gasoline Dispensers for the Proposed Project Located at 301 N. Main Street. 2. Adopt Resolution No. 2015-_; A Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending to the City Council of the City of Lake Elsinore Approval of Commercial Design Review No. 2014-12. CDR No. 2014-12 and CUP No. 2014-08 July 21, 2015 Page 2 of 7 Project Background On June 16, 2015; the Planning Commission held a public hearing regarding Conditional Use Permit No. 2014-08 and Commercial Design Review No. 2014-12. At the meeting, no members of the public spoke for or against the proposed project. However, the Commission had concerns regarding the project design and the project's consistency with the General Plan. Following testimony and comments from the applicant, the Commission kept the public hearing open and continued the matter to its July 21, 2015 meeting. After the Commission hearing, Staff met with the applicant and the project designer to address all of the issues presented; specifically, those related to the site plan, the building design and floor plan, the relocation of the adjacent dwelling unit, the relocation of utility company facilities, ultimate right-of-way and improvements, and the perimeter wall. Proiect Request and Location The proposed project involves two properties that are owned by Mr. Kumar, the existing convenience store with the gasoline dispensers that is currently located at 301 N. Main Street (Assessor's Parcel No. 374-073-010) and the adjacent single-family dwelling unit that is located at 307 North Main Street (Assessor's Parcel No. 374-073-009). The applicant is proposing to demolish the existing convenience store, gasoline dispensers and fueling canopy and to relocate the existing single-family residence on the adjacent lot in order to construct a new 4,009 square foot convenience store and a new freestanding 4,365 square foot fueling station with six gasoline dispensers. The architectural design of the proposed project is intended to be compatible with the historic downtown district and similar to City Hall. The combined square footage of the new convenience store and the gasoline dispensing canopy will be approximately 23% of the lot coverage. The existing 10,000 gallon underground tanks will remain at the existing location as identified on the site plan. The hours of operation will be 24 hours a day, which will offer convenient shopping to the immediate community as well as gas services. The onsite traffic patterns, and operational characteristics will remain the same as there will not be an increase to the existing noise, traffic or other environmental conditions. Sale of Beer and Wine The existing Convenience store has a Type 20 "Off Sale of Beer and Wine" license which will remain and be continued to be used once the new facility is completed and the Certificate of Occupancy is obtained. CDR No. 2014-12 and CUP No. 2014-08 July 21, 2015 Page 3 of 7 Circulation and Parking Space Layout The site plan illustrates the ease of the vehicular circulation through the site for the fuel trucks without impacting the traffic that will be generated by the convenience store or the vehicles that will be using the gasoline dispensing facility. The proposed project has two 40 -foot wide driveways, one accessed from Main Street and the other from Sumner Avenue. The applicant is providing 23 parking spaces throughout the project site of which, one is designated as an ADA -compliant parking space. The parking spaces are designed at 90 -degree angles, with a minimum of a twenty-six foot (26') wide two-way drive aisles which complies with the requirements established by Chapter 17.148 of the Lake Elsinore Municipal Code (LEMC). The typical parking space dimension will be nine (9') feet by eighteen feet (18'). All parking spaces will be double stripped as required by the LEMC. Pedestrian Accessibility A "Path of Travel" has been designed for the project and is shown on the Site Plan. The pedestrian walkway is located in the north end of the site and accessed from Main Street. Signage The applicant has did not submit a sign criteria for the proposed project, therefore no signs will be approved as part of this entitlement. However, when the applicant does submit an application for the building signage including the gasoline display sign, it will be required that the City's "E" crest logo be incorporated as part of the proposed design. Existing Single -Family Residence In order to develop the proposed project the existing convenience store and the fuel station will have to be demolished and the adjacent single-family dwelling unit will have to be relocated/and or demolished. However, his house was included in a 1982 Historic Resources Inventory prepared by the Riverside County Parks Department and resurveyed as part of a 1990 Survey of Historical Structures and Sites completed by the Elsinore Valley Community Development Corporation (referred to as the "Vick Knight Study"). These surveys document that the subject house is a Craftsman Bungalow built in 1915. Copies of the descriptions of this house are contained in Attachment 6. Due to the historic nature of this house, Ms. Ruth Atkins of the Lake Elsinore Historical Society has requested that the house be preserved/relocated rather than demolished. Staff agrees and has conditioned the project to relocate the house to another property within the City's Historical District. (Condition of Approval No. 8) CDR No. 2014-12 and CUP No. 2014-08 July 21, 2015 Page 4 of 7 In order to move the house, however, the new owner will be required to process a Minor Design Review application and obtain Planning Commission approval. Additionally, the new owner will be required to obtain all necessary grading and building permits. (Condition of Approval No. 9) Mr. Kumar has indicated that he is willing to donate the existing house to the resident or to Habitat for Humanity, or relocate it to a vacant lot that he owns that is located behind the house located at the southeast corner of Sumner and Main Street, where the house can be relocated and preserved. He has also said that he has made an arrangement with a local resident who owns a lot within the limits of the Historic District who is willing to pay the expenses associated to have this home relocated. Analysis The project site is located within that portion of the City of Lake Elsinore covered by the Lake Elsinore Downtown Master Plan and the related downtowncode. These documents divide the downtown area into five districts with different long-term visions. The proposed project is located at the south end of the Garden District. Section 1.1.2 (Applicability) of the downtowncode states that: "The Downtown Master Plan is meant to be a vision for the future, not a final ordinance. It is a guideline for the future decision making by the City when reviewing individual projects. Sometimes the images, rules and regulations in the downtowncode text fall short of defining the overall vision and as such the City should regularly reference the Lake Elsinore Master Plan to assure consistency. The Downtown Master Plan is a general framework for the direction of future development but not the final recommendations on individual sites. That is where the urban regulations of this downtowncode shall prevail." It should be noted that at the time that the Downtown Master Plan and related downtowncode were adopted by the City Council on December 13, 2011 that gasoline stations were not allowable uses anywhere in the downtown area. However, on July 9, 2013, the City Council adopted Zone Change No. 2013-03 to recognize the three existing gasoline stations in the downtown area and to provide a mechanism (approval of a Conditional Use Permit) to upgrade and remodel these facilities. Circulation The 0.81 -acre project site is located at the northwest intersection of Main Street and Sumner Avenue. According to the downtowncode, Main Street is considered a "Great Street" with an ultimate right-of-way of 70 feet (page 70) and Sumner Avenue is considered a "Green Street' with a right-of-way that varies from 60 feet to 80 feet (page 71). The Circulation Element of the Lake Elsinore General Plan designates both Main Street and Sumner Avenue as Collector Streets with 68 -foot rights of way. Both streets CDR No. 2014-12 and CUP No. 2014-08 July 21, 2015 Page 5 of 7 currently meet General Plan standards and no additional right-of-way or street improvements are required. Under the downtowncode provisions, the required right-of-way for an alley way is 20 feet minimum (page 72). In order to meet this standard, the project is required to dedicate right of way, along the alley, for a total half width of 10 feet. (Condition of Approval No. 93), with improvement plans for a 10 -foot half -width plus 2 -feet along the property line. (Condition of Approval No. 94). There is an existing utility pole within the alley right-of-way. Condition of Approval No. 60 requires "Arrangements for relocation of utility company facilities (power poles, vaults, etc.) on site and/or out on the roadway or alley shall be the responsibility of the property owner or his agent. Overhead utilities (34 KV or lower) shall be undergrounded" and Condition of Approval No. 95 requires "remove single pole on east side of alley and relocate telephone lines to existing pole on west side of the alley." Site Design and Architecture The applicant is requesting the approval of a Commercial Design Review to allow for the design and development of a new 4,009 square foot convenience store with a pentagon design which at least three sides facing the intersection of Main Street and Sumner Avenue and it will be enclosed by a new six (6-0") foot high masonry wall that will match the color scheme of the proposed building. The wall will be reduced to a maximum of height of 36 inches within the first 20 feet from the back of sidewalk along Main Street and Sumner Avenue. The architectural style of the proposed convenience store and fuel dispensing canopy are intended to blend with several buildings along Main Street and the Historic District, which are representative of the 1920's Storefront style. The building will feature a variation of multi-level rooflines and parapets that will function as architectural features as well as to screen the mechanical equipment and air conditioning condensers. The building will also have decorative brick cornices that will accent the columns of the building. The enhancements, which have been incorporated within the architectural design, include alternate direction, position, as well as recess and pop -out bricks fagade throughout the building elevations, rectangular shape canopies, which create a noticeable and visible accent to the design of the building, which are similar to those found at the City Hall and other buildings along Main Street. The applicant is proposing a new 4,365 square foot fueling canopy that will house six (6) gasoline fueling dispensers; the canopy will have six supporting columns that will also display the brick design as that of the main building. The fascia of the canopy has been design with a pop -out section in the middle to allow a signage area and it is also enhanced by decorative cornices. CDR No. 2014-12 and CUP No. 2014-08 July 21, 2015 Page 6 of 7 The Downtown Master Plan and downtowncode describe different design concepts within the Garden District and for commercial projects. Examples include: • Requiring retail and office uses within buildings facing two or more streets to have at least one customer entrance facing the primary street and one customer entrance facing the second street or an entrance on the corner itself. • Placing buildings in the front corners of lots with entrances directly to sidewalks. • The inclusion of a 70 -foot setback from the street in the Garden District to allow for a strip of public gardens. • Architectural Design for commercial uses as set forth in Section 1.5.9 of the downtown code. However, as described above, these documents did not consider gasoline stations at the time they were written. Therefore, staff has evaluated the project's consistency with these documents based upon their use as a general framework for the direction of future development in the downtown area, rather than as a strict set of development standards. In accordance with Section 1.5.9 (Architectural Design for Commercial Development) of the downtowncode, the project has been designed with enhanced architectural characteristics such as multi-level parapets with decorative cornice accents, different wall planes and angles, and a complementing pallet of color treatments and materials that creates an attractive design. The location of the proposed building on the project site is constrained by the location of the existing underground gasoline storage tanks which will continue to be used by the project. Buildings and gasoline pumps cannot be located over these underground tanks. For this reason, the proposed building has been located at the rear corner of the project site rather at the front corner of the site at the intersection of Main Street and Sumner Avenue. The LEMC does not have any provisions requiring the preservation of trees other than specified palm trees. Staff has discussed preservation of the existing tree behind the adjacent house, but has concluded that due to the size of the project site and the limitations on the location of the proposed structures that conservation of the tree is not possible. The applicant is providing a landscape plan that offers several trees as part of the proposed project design. For the above reasons, the proposed convenience store along with the canopy with the gasoline dispensers have been found in conformance with all applicable development standards of the Lake Elsinore Municipal Code, applicable provisions of The Downtown Master Plan and the downtowncode. The Design Review Committee that includes staff from Planning, Building and Safety, Fire and Engineering have reviewed the requested Design Review application, and support the proposed application. CDR No. 2014-12 and CUP No. 2014-08 July 21, 2015 Page 7 of 7 Environmental Determination Staff has determined that the proposed project is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq.:"CEQX) and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to Section 15332 (Class 32 — In -Fill Development Projects) because the Project is consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, the Project is within the City's boundaries and on a site less than five acres surrounded by urban uses, the Property has no value as habitat, and approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the Project is adequately served by all required utilities and public services. PREPARED BY: Agustin Resendiz, Associate Planner APPROVED BY: Richard J. MacHott, LEED Green Associate Planning Manager Attachments: 1. Aerial Map 2. Planning Commission Resolutions 3. Conditions of Approval 4. 11 x1 7 Plans 5. Color Elevations & Historic Resources Inventory Descriptions I it f �: SIMiI:>If Agenda Date: 8/11/2015 In Control: City Council Agenda Number: 4) City of Lake Elsinore Text File File Number: ID# 15-713 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 8/6/2015 CITY OF , LADE L LSINOIJE DRFAM FXTRFMF,. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: AUGUST 11, 2015 SUBJECT: Agreement for Professional Services for Design of Lakeshore Drive Parking Lot, Project No. Z10027 Recommendations 1. Award Agreement for Professional Services to SB&O, Inc. for the Lakeshore Drive Parking Lot project. 2. Approve and authorize the City Manager to execute the Agreement in the amount of $40,000 to SB&O, Inc., in substantially the form attached and in such final form as approved by the City Attorney. Background / Discussion In December 2014 the City acquired the vacant triangular-shaped lot located opposite Elm Grove Beach, at the intersections of Limited Street, Kellogg St, and Lake Shore Drive. The City proposes constructing a parking lot on the vacant land, which will provide overflow parking for Elm Grove Beach as well as the adjacent Seaport Boat Launch and Lowell Street Fishing Beach. Please refer to the attached map. On June 15, 2015, staff solicited proposals for design services from three firms. On June 25, 2015 the City received responses from all three firms. The proposals were reviewed and ranked and a selection was made based upon the criteria set forth in the Request: 1.) Project Understanding 2.) Project Deliverable Plan 3.) Resource Allocation 4.) Project Deliverable Schedule. Based upon the proposals received and a meeting to discuss and negotiate the project scope of work and fee, staff recommends awarding the design contract to SB&O, Inc. Scope of work will include conceptual design, preliminary and final PS&E, utility coordination, WQMP, striping plan, and construction documents. The project is Award Agreement for Professional Services for Design of Lakeshore Drive Parking Lot August 11, 2015 Page 2 anticipated to begin construction in early 2016 following the design process. The firms who submitted proposals include: 1. Michael Baker Company International 2. Rick Engineering 3. SB&O, Inc. Fiscal Impact The Lakeshore Drive Parking Lot project is included in the adopted FY 2016-20 Capital Improvement Plan (CIP) budget. Prepared by: Mia Beltran Management Analyst Approved by Jim Smith Interim Director of Public Works Approved by Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager Attachments: Attachment A - Agreement for Professional Services Attachment B - Map ATTACHMENT A AGREEMENT FOR PROFESSIONAL SERVICES SB&O, Inc. Lakeshore Drive Parking Lot, Project No. Z10027 This Agreement for Professional Services (the "Agreement") is made and entered into as of August 11, 2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and SB&O, Inc., a corporation ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: design of Lakeshore Drive Parking Lot. The scope of work shall include conceptual design, preliminary and final PS&E, utility coordination, WQMP, striping plan, and construction documents. B. Consultant has submitted to City a proposal, dated July 29, 2015, attached hereto as Exhibit A ("Consultant's Proposal") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant's Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. SB&O PSA Lakeshore or Parking Lot, No. Z10027 Page 1 ATTACHMENT A C, Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant's Proposal (Exhibit A). 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed Forty Thousand dollars ($40,000) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. 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. Page 2 ATTACHMENT A 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 subcontractors 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. 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. 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 Page 3 ATTACHMENT A 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. 8. Independent Consultant. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent Consultant and shall not act as an agent or employee of the City. 9. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractors of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. 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. TAXIIIII "TAy:nAINNI a 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 shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractors, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractors to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. Page 5 ATTACHMENT A ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. 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. V. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. Page 6 ATTACHMENT A V. Any failure to comply with reporting provisions of the policies shall not affcct 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. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: SB&O, Inc. Attn: Mr. Don Brooks, P.E. 41689 Enterprise Circle North, Ste. 126 Temecula, CA 92590 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 and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all Page 7 ATTACHMENT A rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractors 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 subcontractors 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 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 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. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 26. 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 Page 8 ATTACHMENT A with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 27. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractors, 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. 28. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 29. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Page 9 ATTACHMENT A IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Attachments: Exhibit A — Consultant's Proposal "CONSULTANT" SB&O, Inc., a Corporation By: Don Brooks, P.E. Its: Page 10 ATTACHMENT A 7*1 CONSULTANT'S PROPOSAL [ATTACHED] EXHIBIT A lZAHIL511 /A BB&02 PLANNING ENGINEERING SURVEYING July 29, 2015 Mia Beltran Director of Public Works CITY OF LAKE ELSINORE 130 S. Main Street Lake Elsinore, CA 92530 MBELTRANnLAKE-ELS INORE.ORG RE: Scope and Not -to -Exceed Fee Cost Proposal For Design Services for a Elm Grove Beach Parking Lot PROPOSAL Supersedes Proposal dated July 14, 2015 Based on the request for proposal from Jim Smith, P.E., Interim Director of Public Works of the City of Lake Elsinore, I have prepared an outline of our proposed scope of services and estimated fees for your review. PROJECT UNDERSTANDING & GENERAL ASSUMPTIONS 1, This proposal assumes the CAD file for the topographic survey and survey horizontal and vertical control will be provided by the City of Lake Elsinore (City). If it is determined additional topographic information is required an addendum to the contract will be prepared. 2. Proposal assumes all improvements will be shown on the Site Grading Plan and no Street Improvement plans will be required. A signing and striping plan is included for the three adjacent streets along the project frontage. If additional signing and striping is needed beyond the project frontage additional fees may result. 3. Proposal assumes that detention of developed on-site drainage flows will not be required. This Proposal further assumes off-site storm drainage will maintain its current flow pattern, off-site drainage facilities will not be required and that on-site drainage will outlet on the surface or to an existing underground storm drain pipe in Kellogg Street. 4. Preparation of specifications fee assume City "boilerplate" specifications are available in Word format. 5. Proposal is based upon local agency regulations in effect as of the date of this Proposal. Agency changes in policy or ordinance subsequent to the preparation of this Proposal may require adjustments to the terms. 6. Governmental agency fees, charges and/or deposits are the responsibility of the client. It is assumed that all permits will be applied for and pulled by the client. 7. A current preliminary title report will be provided by the City. 8. An infiltration report is included in this proposal. If it is determined further soils reports or sample soils lab analysis are required they will be provided through an. addendum to this contract. 9. Ecological and/or environmental, traffic, geotechnical studies or investigations and landscape architectural services are not included. 10. Proposal assumes any retaining walls required will be per APWA/Caltrans Standards as applicable. Corporate Office: 3990 Ruffin Road, Suite 120 • Sari Diego, California 92123 • Phone 858.560.1141 Fax 858.560.8157 41689 Enterprise Circle North, Suite 126 • Temecula, CA 92590 • Phone 951.695.8900 Fax 951.695.8901 BB&OZ PLANNING ENGINEERING SURVEYING Page 2 July 29, 2015 Scope and Not -to -Exceed Fee Cost Proposal For Design Services for a Elm Grove Beach Parking Lot 11. Additional work beyond the scope described herein will be provided as an addendum to the Contract, and the cost determined based upon the new scope of work and fee schedule in effect at the time the work is performed. Additional presentation materials, exhibits, and/or statistical analysis as may be required by the City and/or processing agency will be considered extra work. 12. Revisions to plans in the Constriction Document Phase that substantially deviate fi-om the concepts approved in the Conceptual Design Phase are not included. Work required in tris event would be performed wider addendum to the Contract. SCOPE OF WORK This proposal is limited to the scope items specifically outlined herein. If additional effort is required, this proposal may be modified to include those additional scope of work items and associated fees. Planning Phase Research and Base Map 1. Perform research and obtain map and improvement plans of record for existing improvements with the City and dry utility companies. 2. Based on the topographic survey provided by the City, existing improvement plans and map records, prepare a topographic base map showing location of existing rights-of-way and easements and location and type of existing facilities and utilities. Research and Base Map Lump Sum Fee: $2,000 Site Plan 1. Visit the site to review existing conditions. 2. Prepare up to three (3) alternative parking lot layout site plans for review by City staff. Considerations in site plan development will include ADA accessibility, protection of Class I bike trail access, City parking requirements and vehicular and pedestrian circulation patterns. 3. Provide alternative Best Management Practices (BMP's) to satisfy WQMP requirements. 4. Discuss site plans and BMP alternatives with City and select the preferred alternative. Site Plan Lump Sum Fee: $3,000 Conceptual Grading and Drainage Plan Based on the selected site plan, perform a preliminary grading and earthwork analysis and prepare a conceptual grading and drainage plan indicating preliminary grades, earthwork, drainage concepts (to include capture of nuisance flows in Kellogg St.), storm 1:A Pmpesaisl20i SIDIiBACry op.aae Glslvoi e -Lhn Grove IIcic6 Ymkuig LopCiy of Lokc L'Isinorc Hlm Geove RencL Parki��g Loi Propo=u4]29, I S,docx EXHIBITA BB&OZ PLANNING ENGINEERING SURVEYING Page 3 July 29, 2015 Scope and Not -to -Exceed Fee Cost Proposal For Design Services for a Elrn Grove Beach Parking Lot water quality measures and cross sections. 2. Indicate preliminary striping and ADA accessibility on conceptual grading plan. 3. Prepare Preliminary Engineer's Cost Estimate, 4. Prepare Preliminary Specifications along with Preliminary General and Special Provisions. 5. Provide preliminary engineering assistance to the City and any other design team members for conceptual plan development and approval. Conceptual Grading and Drainage Plan Lump Sum Fee: $7,000 Preliminary Water Quality Management Plan 1. The project is within the Santa Ana River watershed of Riverside County for water quality purposes. In compliance with Order No. R8-2010-0033, the City of Lake Elsinore is a Co -Permittee, and the WQMP will be prepared per the requirements of the Order, County -prepared guidance and the City. 2. Review proposed development plans and identify priority development categories. This project qualifies as a "priority development" category project since it creates more than 5,000 square feet of new impervious area. 3. For each discharge location, identify project pollutants, operations, features and conditions of concern. Identify receiving waters, beneficial uses and water quality objectives. Identify any impaired receiving waters in accordance with the most recent list of Clean Water Act Section 303(d) water bodies. 4. Review existing downstream conditions and potential for impacts or impairment by project development. 5. Establish site design, source control, Low Impact Development (LID) Best Management Practices (BMPs) and/or other treatment control BMPs as may be required based upon priority project categories and required BMP hierarchies established in the Order. 6. The Order requires review of infiltration testing results provided by a geotechnical engineer to determine infiltration feasibility and infiltration design parameters. 7. Provide BMP alternatives for review and consideration by the City and design team. 8. Prepare preliminary numeric sizing calculations for BMPs. Prepare written Preliminary WQMP using Riverside County template resources. 9. Submit Preliminary WQMP to the City for review and approval. 10. Provide necessary coordination with City staff. Exclusions: • National Pollutant Discharge Elimination System (NPDES) permitting for industrial activities • Special permitting based upon SIC codes • Storm water quality analysis or interpretation of test data • Quantification of project pollutant loading or'fMDL limits • Preparation of operation and maintenance programs or C,C&R's Preliminary Water Quality Management Plan Lump Sum Fee: $6,000 E\_Popo,InQDMDRBVCity oflnk, Elsinore - Elm Grove 11, ch 1'atkm, LoiACity of Lake Elsinore Ehn GroveE,a,h Pmkw, Loi 1'ropesa1.929.15.docs EXHIBITA BB&02 PLANNING ENGINEERING SURVEYING Page 4 - July 29, 2015 Scope and Not -to -Exceed Fee Cost Proposal For Design Services for a Elni Grove Beach Parking Lot Coordination & Meetings 1. SB&O to attend pre -kickoff and one (1) design review meetings with City staff. 2. Provide necessary coordination and plan processing with City staff and project team members and affected agencies to facilitate plan approvals. Coordination & Meetings Lump Sum Fee: $2,000 Planning Phase Total: $20,000 Final Plans, Specifications and Estimates Phase On-site Design 1. Grading Plan: Based on the approved Site Plan and Conceptual Grading and Drainage Plan, prepare and submit one final grading plan for the proposed site. Grading plans will indicate existing and proposed grades, slopes, finished surface elevations, drainage facilities, wall locations and heights, on-site drainage devices, on-site storm water quality measures, appropriate cross sections, details for clarification, constriction notes and other pertinent information. Retaining walls included in the design shall be designed and constructed per APWA/Caltrans, as applicable. 2. Earthwork: Perforin earthwork analysis using recommendations from geotechnical report and/or soils lab sample analysis provided by the City. 3. Erosion Control.Plan: Prepare one erosion control plan and submit with grading plan to the City. 4. Drainage Report: Perform hydrologic and hydraulic calculations to determine on-site flows and to size on-site drainage facilities. Prepare a letter drainage report summarizing findings. 5. Engineer's Cost Estimate: Prepare one engineer's cost estimate at the time of first plan check submittal. 6. Specifications and Special Provisions: Prepare project specifications and special. provisions at the time of the first: plan check submittal. 7. Submit complete set of plans and specifications to the City for review. On-site Design Lump Sum Fee: $8,000 Final Water Quality Management Plan 1. Prepare and submit one final Water Quality Management Plan (WQMP) addressing comments from the Preliminary Water Quality Management Plan and final design refinements in conformance with NPD.ES and. City requirements. Plan addresses post - construction treatment of on-site runoff prior to release into the public system. 2. Assist City with completion of WQMP Maintenance Agreement. Final Water Quality Management Plan Lump Sum Fee: $3,000 I9_Prolwsak@UISVDRBAGiry of fake I3lsiimm- lllm Orove llesch Pe,'king IFnVCity of Lnke Llsinmb 1?bn (imve Beech Parking Lot Pmpos:J419. 15,&1, EXHIBIT A Vim® 2 PLANNING ENGINEERING SURVEYING Page 5 July 29, 2015 Scope and Not -to -Exceed Fee Cost Proposal For Design Services for a Elm Grove Beach Parking ,Lot Signing and Striping Plan Prepare one signing and striping plan for Kellogg Street, Lakeshore Drive and Limited Street along the project frontage and on-site. Submit to the City for review and approval. Signing and Striping Plan Lump Sum Fee: $2,000 Coordination & Meetings Provide final design phase coordination and plan processing and attend meetings with design team members, City staff and affected agencies to facilitate plan approvals. Coordination & Meetings Lump Sum Fee: $2,000 Final Plans, Specifications and Estimates Phase Total: $15,000 Construction Phase Bid & Construction Assistance 1. During bidding and construction, provide interpretation of the plans as requested by City staff. 2. Visit the site, as requested by City, to review construction and report to the City. Unless specifically engaged to provide construction management services, SB&O, Inc. will not provide direction to the contractor. 3. Provide necessary coordination with the City, contractor, utility companies and other agencies during construction phase of project. 4. The fee for this task is for budget purposes only. The client and SB&O, Inc. will agree to any additional effort before services are performed. Bid & Construction Assistance T&M Estimated Fee: $2,000 Construction Phase Total: $2,000 Reimbursables 1. Outside reimbursables are billed at cost, and include the following items: photocopies, color photograph prints, scanning services, copies of plans, plots (black and white, and color, variety of sizes), deliveries, outside vendor services, and any other miscellaneous expenses incurred during performance of the scope of services. 2. In-house reimbursables are billed in accordance with the Fee Schedule dal:ed October 2014, which is Exhibit "A" enclosed herewith. In-house reimbursables include the following items: photocopies, faxes, color photograph prints, scanning services, copies of plans, plots (black and white, and color, variety of sizes), materials associated with PA_Nm�wxals12015U�Ra�Cip• of LaRnlilsinorc - ELn Grove Rrn<L rarkuip LotAGty el Lake Elsinore ELn orovc Baatl� Yoking Lot Pro�wrnl429.ISdocx EXHIBITA S&®? PLANNING ENGINEERING SURVEYING Page 6 July 29, 2015 Scope and Not -to -Exceed Fee Cost Proposal For Design Services for a Flo Grove Beach Parking Lot preparation of technical reports, deliveries, notary services, and any other miscellaneous expenses incurred during performance of the scope of services. Reimbursables Lump Sum Fee: $3,000 Reimbursables Budget Total: $3,000 FEE SUMMARY Description Planning Phase Research and Base Map Site Plan Conceptual Grading and .Drainage Plan Preliminary Water Quality Management Plan Coordination & Meetings Fee $2,000 3,000 7,000 6,000 2,000 Planning Phase Total: $20,000 Final Plans, Specifications and Estimates Phase On-site Design $8,000 Final Water Quality Management Plan 3,000 Signing and Striping Plan 2,000 Coordination and Meetings 2,000 Final Plans, Specifications and Estimates Phase Total: $15,000 Construction Phase Bid & Construction Assistance (T&M) $2,000 Reimbursables Budget Reimbursables costs estimated budget Construction Phase Total: $2,000 $3,000 Reimbursable Budget Total: $3,000 Proposal Total: $40,000 We will perform the work indicated as T&M on a lime and materials basis according to the Fee Schedule dated October 2014, which is Exhibit "A" enclosed herewith. The fee for this work will be approximately $2,000. 'We will perform the remainder of the work for the Lump Sun amount of $38,000. Any reimbursables will be billed separately, according to the Fee Schedule. The work as outlined on the Scope of Work will be performed under the City of Lake Elsinore's Standard Terms and Conditions. 19_Fmpcsnls@"I5VDRBACity clI,ko Glsivab- lilmGrwc Mad ForkingI-wTity of Lakc Pleinorc 2Im Or(- Fkach 1',ulmg Lot Fmposal-7.29.15, ooex EXHIBITT A BB&OZ PLANNING ENGINEERING SURVEYING Page 7 July 29, 2015 Scope and Not -to -Exceed Fee Cost Proposal For Design Services for a Elm Grove Beach Parking Lot Schedule A preliminary project schedule is enclosed for purposes of review and discussion. The duration of the individual tasks and overall project completion maybe modified to accoinmodate an accelerated schedule or lengthened to add additional tasks as necessary to meet the City's needs. Resource Allocation The below personnel will be available irmnediately to start work on the project and throughout the design process to meet the enclosed schedule. Don Brooks, RE: Principal in Charge to oversee design, resource allocation, schedule and coordination with City. Brad Knepp, P.E.: Design Engineer responsible for preliminary and final grading, drainage and WQMP design. Blake Hatch, Senior Design Draftsman: Responsible for design assistance and CAD drafting. Once you have had a chance to review the scope of work and associated costs, please contact me with questions and/or comments. Sincerely, SB&Q. INC. o Brook , E 41829 President, Inland Empire Division DRB/jsh Enclosures: Preliminary Project Schedule Exhibit "A" - Fee Schedule I,A_t'ropu,asisV"201J`L,kc ElsiI)t1s Elm prove peach Pwkmg LotACity of Lake Els in ore Elm c t,,c4wchPndmtg LotYroposa 7, 29.15,doex EXHIBIT A CITY OF LAKE ELSINORE Elm Grove Beach Parking Lot July 29, 2015 Duration Start Finish April I Scritearba, I October November December jr...'Febore 812 819 8/1681238190 916 91139/209/2] 9014 N1 Olt 0/2 11/1 11118 I 111 ill 112 121fi 211 212 2/2 113 1110 1/17 1124 1/31 28 2/14 2121 12B 132 days Mon 8117 Wed 2124 41 days Mon 8117 Tue 10113 0days Mon 8/17 Mon 8117 117115 8 days Moll 8/17 Wed 8/26 L J, 0 days Wed 8/26. Wed 8/26 8126115 �. 20 days Thu 8127 Thu 9/24 I - Plans 5 days Thu 8/27 Wed 9/7 I as 1 day Thu 9/3 Thu 9/3 I- 12 days Fri 9/4 Tue 9/22— 0 days Tue 9/22 Tue 9/22 9122115 15 days Wed 9/23: Tue 10/13 ,. 91 days -Wed 10/14 Wed 2/24 15 days Wed 10/14 Tue 11/3._. 0 days Tue 11/31 Tue 11/3 1119115 `. 10 days Wed 11/41 Tue 11/17 ... _... _ 10 days Wed 11/18: Thu 12/3 .. 0days Thu 12/3 Thu 12/3 1213115 10 days Fri 12/4 Thu 12/17 10 days Fri 12/18 Tue V5 0 days Tue 1/5 Tue 1/5 5 days Wed 1/6', Tue 1/12 0 days Tue 1/12 Tue 1/12 1113118 _L 1 day Wed 1/13 Wed 1/13 30 days Thu 1/14 Wed 2124 Summary ^ Rolled Up Progress Split _ Deadline Rolled Up Task J External Tasks Rolled Up Split ♦Rolled Up Milestone Project Summary."* External Milestone SB&O, Inc., ' 41689 Enterprise Circle N, Ste 126' Temecula, CA. 92590 (951) 695-8900 Office' (951) 695-8901 Fax EXHIBIT A City of Lake Elsinore - Elm Grove Beach Parking Lot FEE SCHEDULE - October 2014 Hourly Rates Expert Wiriness (Depo/Court Appearance).......... $325.00/hr Professional Consultation .................................... $210.00/hr Principal............................................................... $207.00/hr Project Manager .................................................. $184.00/hr Project Engineer .................................................. $153.00/lir Assistant Project Engineer ................................... $139.00/hr Design Engineer .................................................. $128.00/hr Staff Engineer...................................................... $108.00/hr Senior Designer ................................................... $127.00/hr Senior Design Drafter .......................................... $115.00/hr Design Drafter ..................................................... $106.00/hr Drafter................................................................... $96.00/hr Delineator.............................................................. $74.00/hr Associate Planner ................................................ $106.00/hr Senior Land Surveyor .......................................... $177.00/hr Survey Supervisor ............................................... $146.00/lu Assistant Land Surveyor ...................................... $134,00/hr 1 -Man Survey Crew ............................................ $170.00/hr 2 -Man Survey Crew ............................................ $250.00/hr 3 -Man Survey Crew ............................................ $350.00/hr 2 -Man Survey Crew (Overtime) .......................... $335.00/hr I -Man Survey Crew (Double time) ..................... $270.00/lir 2 -Man Survey Crew (Double time) ..................... $420.00/Inr 1 -Man Survey Crew (GPS) ................................. $215.00/hr Computer Technician/Survey Notes .................... $120.00/hr Contract Coordinator ............................................. $95.00/1117 Administrative Technician .................................... $73.00/hr Delivery Service .................................................... $50.00/hr QSD..................................................................... $175.00/hr QSP...................................................................... $111.00/hr Storm Water Samples Sample Collection ....................................... $111.00/sample Sample Testing .................................................. $111.00/test Laboratory Testing ............................... ................ Costa -15% EXI3IBIT "A" In-house Reimbursables Charges Copvin ranting Copies/Prints, 8'/" X 11" .......................$0.10/page Copies/Prints, 11" X 17" ...................$0.20/page Copies/Prints, 81/2" X 11", Color ............ $0.60/page Copies/Prints, Ll" X 17", Color.............$1.00/page Slip Sheets (Color) .................................$0.07/page Printing - Drawings/Plans Bond: .......................................................... $0.20/sf Mylar: . ........................................................ $3.75/sf Plotting Bond........................................................... $1.50/sf Mylar.......................................................... $3.25/sf Bond, Color ................................................ $2.75/sf High Gloss, Color ....................................... $5.50/sf Technical Reports 5' Binder ................................................... $3.54/ea 1" Binder .................................................... $3.54/ea 1.5" Binder... ................................. ............ $5.30/ea 2" Binder.... ................................................ $6.60/ca 3" Binder .................................................... $7.45/ea 4" Binder .................................................. $18.92/ea 5 -Tab Label Dividers ................................. $5.20/ea 8 -Tab Label Dividers ................................. $6.70/ea Comb Binding w/covers ............................ $3.90/ea MapPockets .............................................. $0.25/ea Scanning an: ......................................................... - $1.35/sf CD: ....................................................... $15.00/each Fax (10 page minimum): ........................ $1.00/page Notary Services ............................ $10.00/signature EFT & Third Party EFT Fees/Charges.............Cost Outside Reimbursable Charges .....................Cost Client hereby agrees that the balance as stated on the invoice from Engineer to Client is correct, conclusive, binding on the Client, and due within 45 days from date of invoice, unless Client, within 10 days from the date of the invoice, notifies Engineer in writing of the particular item that is alleged to be incorrect. Client hereby agrees that costs for subsequent requests of billing and/or exhibit copies will be borne by Client, and billed on a time and materials basis (T&M) under Client reimbursable job number specified in Contract. Time is of the essence regarding the provisions of this paragraph. NOTE: Under the terns and conditions of this contract, a late payment FINANCE CHARGE will be computed at the periodic rate of 1.000/" per or tl which is an ANNUAL PERCENTAGE RATE of 12% and will be applied to any unpaid balance commencing 30 days of e date on which payment of the balance, pursuant to this contract, is required to be made. SB&O Initials: Client Initials: 1.\_Pmpasals@0)MI) i\City of ako Elsinore-[bn Grove Soach Parking Lol\50.1glo Exh Alogo-City of Lake P.Isinoro-P,hn Gwvc l3caeh Pkg. Lot.docx keviwd. 6/29/15 Attachment 7 Agenda Date: 8/11/2015 In Control: City Council Agenda Number: 5) City of Lake Elsinore Text File File Number: ID# 15-714 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 8/6/2015 AGENDA COVER SHEET MEETING OF % /�— 2TCity Council Z] Redevelopment Agency F-1 Other DEPARTMENT: / 1,% CONSENT: F] APPEAL 171 BUSINESS: = RESOLUTION: F-1 ORDINANCES = PUBLIC HEARING ATTAC MENTS: 'A I he it�� m a4 k Cir Report emailed to Clerk err ■ r EMEMEMEMAMEMEMEM WMEEMNEM no No SEVEN MEMMEM on MMEMEMEMOMMEMMEM MEMO men r .00 FOLLOW UP DIRECTION: r! r r r r r r r r r r r r r M M r r M r r r r r r r r r M r r r r r r r r r r r r r r r M M r M r r r r r r r r r r r r r r r r r r r M r r r C -- Submitted Submitted by: G i' f Date: �. Approved by: Department Head: Date: Finance Director: Date: City Manager: Date: CITY OF LAKE LSINOIJE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: AUGUST 11, 2015 SUBJECT: Agreement for Professional Services for Design of Lakeshore Drive Parking Lot, Project No. Z10027 Recommendations 1. Award Agreement for Professional Services to SB&O, Inc. for the Lakeshore Drive Parking Lot project. 2. Approve and authorize the City Manager to execute the Agreement in the amount of $40,000 to SB&O, Inc., in substantially the form attached and in such final form as approved by the City Attorney. Background / Discussion In December 2014 the City acquired the vacant triangular-shaped lot located opposite Elm Grove Beach, at the intersections of Limited Street, Kellogg St, and Lake Shore Drive. The City proposes constructing a parking lot on the vacant land, which will provide overflow parking for Elm Grove Beach as well as the adjacent Seaport Boat Launch and Lowell Street Fishing Beach. Please refer to the attached map. On June 15, 2015, staff solicited proposals for design services from three firms. On June 25, 2015 the City received responses from all three firms. The proposals were reviewed and ranked and a selection was made based upon the criteria set forth in the Request: 1.) Project Understanding 2.) Project Deliverable Plan 3.) Resource Allocation 4.) Project Deliverable Schedule. Based upon the proposals received and a meeting to discuss and negotiate the project scope of work and fee, staff recommends awarding the design contract to SB&O, Inc. Scope of work will include conceptual design, preliminary and final PS&E, utility coordination, WQMP, striping plan, and construction documents. The project is Award Agreement for Professional Services for Design of Lakeshore Drive Parking Lot August 11, 2015 Page 2 anticipated to begin construction in early 2016 following the design process. The firms who submitted proposals include: 1. Michael Baker Company International 2. Rick Engineering 3. SB&O, Inc. Fiscal Im act The Lakeshore Drive Parking Lot project is included in the adopted FY 2016-20 Capital Improvement Plan (CIP) budget. Prepared by: Mia Beltran Management Analyst Approved by Jim Smith�t' Interim Director of Public Works Approved by Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager Attachments: Attachment A - Agreement for Professional Services Attachment B - Map ATTACHMENT 'A' AGREEMENT FOR PROFESSIONAL SERVICES ATTACHMENT A AGREEMENT FOR PROFESSIONAL SERVICES SB&O, Inc. Lakeshore Drive Parking Lot, Project No. Z10027 This Agreement for Professional Services (the "Agreement") is made and entered into as of August 11, 2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and SB&O, Inc., a corporation ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: design of Lakeshore Drive Parking Lot. The scope of work shall include conceptual design, preliminary and final PS&E, utility coordination, WQMP, striping plan, and construction documents. B. Consultant has submitted to City a proposal, dated July 29, 2015, attached hereto as Exhibit A ("Consultant's Proposal") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant's Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. SB&O PSA Lakeshore Dr Parking Lot, No. Z10027 Page 1 ATTACHMENT A C. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant's Proposal (Exhibit A). 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed Forty Thousand dollars ($40,000) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. 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 orto 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. Page 2 ATTACHMENT A 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 subcontractors 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. 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. 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 Page 3 ATTACHMENT A 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. 8. Independent Consultant. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent Consultant and shall not act as an agent or employee of the City. 9. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractors of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. 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. Page 4 ATTACHMENT A 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 shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractors, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. I. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractors to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. Page 5 ATTACHMENT A ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: I. 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. Page 6 ATTACHMENT A 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. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: SB&O, Inc. Attn: Mr. Don Brooks, P.E. 41689 Enterprise Circle North, Ste. 126 Temecula, CA 92590 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 and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all Page 7 ATTACHMENT A rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractors 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 subcontractors 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 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 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. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 26. 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 Page 8 ATTACHMENT A with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 27. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractors, 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. 28. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 29. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Page 9 ATTACHMENT A IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Attachments: Exhibit A — Consultant's Proposal "CONSULTANT" SB&O, Inc., a Corporation By: Don Brooks, P.E. Its: Page 10 ATTACHMENT A EXHIBIT A CONSULTANT'S PROPOSAL [ATTACHED] *v.4.9f3'. 1_1 xlffttam BB&OZ PLANNING ENGINEERING SURVEYING July 29, 2015 Mia Beltran Director of Public Works CITY OF LAKE ELSINORE 130 S. Main Street Lake Elsinore, CA 92530 MBELTRANLa)LAKE-ELS INORE.ORG RE: Scope and Not -to -Exceed Fee Cost Proposal For Design Services for a Elm Grove Beach Parking Lot PROPOSAI, Supersedes Proposal dated July 14, 2015 Based on the request for proposal from Jim Smith, P.E., Interim Director of Public Works of the City of Lake Elsinore, 1 have prepared an outline of our proposed scope of services and estimated fees for your review. PROJECT UNDERSTANDING & GENERAL ASSUMPTIONS 1. This proposal assumes the CAD file for the topographic survey and survey horizontal and vertical control will be provided by the City of Lake Elsinore (City). If it is determined additional topographic information is required an addendum to the contract will be prepared. 2. Proposal assumes all improvements will be shown on the Site Grading Plan and no Street Improvement plans will be required. A signing and striping plan is included for the three adjacent streets along the project frontage. If additional signing and striping is needed beyond the project frontage additional fees may result. 3. Proposal assumes that detention of developed on-site drainage flows will not be required. This Proposal further assumes off-site storm drainage will maintain its current flow pattern, off-site drainage facilities will not be required and that on-site drainage will outlet on the surface or to an existing underground storm drain pipe in Kellogg Street. 4. Preparation of specifications fee assume City "boilerplate" specifications are available in Word format. 5. Proposal is based upon local agency regulations in effect as of the date of this Proposal. Agency changes in policy or ordinance subsequent to the preparation of this Proposal may require adjustments to the terms. 6. Governmental agency fees, charges and/or deposits are the responsibility of the client. It is assumed that all permits will be applied for and pulled by the client. 7. A current preliminary title report will be provided by the City. 8. An infiltration report is included in this proposal. If it is determined further soils reports or sample soils lab analysis are required they will be provided through an addendum to this contract. 9. Ecological and/or environmental, traffic, geotechnical studies or investigations and landscape architectural services are not included. 10. Proposal assumes any retaining walls required will be per APWA/Caltrans Standards as applicable. Corporate Office: 3990 Ruffin Road, Suite 120 • San Diego, California 92123 • Phone 858.560.1141 Fax 858.560.8157 41689 Enterprise Circle North, Suite 126 • Temecula, CA 92590 • Phone 951,695.B900 Fax 951.695.8901 EXHIBIT A BB&OZ PLANNING ENGINEERING SURVEYING Page 2 July 29, 2015 Scope and Not -to -Exceed Fee Cost Proposal For Design Services for a Elm Grove Beach Parking Lot 11. Additional work beyond the scope described herein will be provided as an addendum to the Contract, and the cost determined based upon the new scope of work and fee schedule in effect at the time the work is performed. Additional presentation materials, exhibits, and/or statistical analysis as may be required by the City and/or processing agency will be considered extra work. 12. Revisions to plans in the Construction Document Phase that substantially deviate from the concepts approved in the Conceptual Design Phase are not included. Work required in this event would be performed under addendum to the Contract. SCOPE OF WORK This proposal is limited to the scope items specifically outlined herein. If additional effort is required, this proposal may be modified to include those additional scope of work items and associated fees. Planning Phase Research and Base Map 1. Perform research and obtain map and improvement plans of record for existing improvements with the City and dry utility companies. 2. Based on the topographic survey provided by the City, existing improvement plans and map records, prepare a topographic base map showing location of existing rights-of-way and easements and location and type of existing facilities and utilities. Research and Base Map Lump Sum Fee: $2,000 Site Plan 1. Visit the site to review existing conditions. 2. Prepare up to three (3) alternative parking lot layout site plans for review by City staff. Considerations in site plan development will include ADA accessibility, protection of Class I bike trail access, City parking requirements and vehicular and pedestrian circulation patterns. 3. Provide alternative Best Management Practices (BMP's) to satisfy WQMP requirements. 4. Discuss site plans and BMP alternatives with City and select the preferred alternative. Site Plan Lump Sum Fee: $3,000 Conceptual Grading and Drainage Plan Based on the selected site plan, perform a preliminary grading and earthwork analysis and prepare a conceptual grading and drainage plan indicating preliminary grades, earthwork, drainage concepts (to include capture of nuisance flows in Kellogg St.), storm L\_hopos sk 015DRB\Cityofl,Wce Blsuiore-Elm Grove Beach Parking baPCllyofieke Elsinoro Elm Grove Beach Parking Iut Pmpasol-7,29.15.doea EXHIBIT A SB&OZ PLANNING ENGINEERING SURVEYING Page 3 July 29, 2015 Scope and Not -to -Exceed Fee Cost Proposal For Design Services for a Elm Grove Beach Parking Lot water quality measures and cross sections. 2. Indicate preliminary striping and ADA accessibility on conceptual grading plan. 3. Prepare Preliminary Engineer's Cost Estimate. 4. Prepare Preliminary Specifications along with Preliminary General and Special Provisions. 5. Provide preliminary engineering assistance to the City and any other design team members for conceptual plan development and approval. Conceptual Grading and Drainage Plan Lump Sum Fee: $7,000 Preliminary Water Quality Management Plan 1. The project is within the Santa Ana River watershed of Riverside County for water quality purposes. In compliance with Order No. R8-2010-0033, the City of Lake Elsinore is a Co -Permittee, and the WQMP will be prepared per the requirements of the Order, County -prepared guidance and the City. 2. Review proposed development plans and identify priority development categories. This project qualifies as a "priority development" category project since it creates more than 5,000 square feet of new impervious area. 3. For each discharge location, identify project pollutants, operations, features and conditions of concent. Identify receiving waters, beneficial uses and water quality objectives. Identify any impaired receiving waters in accordance with the most recent list of Clean Water Act Section 303(d) water bodies. 4. Review existing downstream conditions and potential for impacts or impairment by project development. 5. Establish site design, source control, Low Impact Development (LID) Best Management Practices (BMPs) and/or other treatment control BMPs as may be required based upon priority project categories and required BMP hierarchies established in the Order. 6. The Order requires review of infiltration testing results provided by a geotechnical engineer to determine infiltration feasibility and infiltration design parameters. 7. Provide BMP alternatives for review and consideration by the City and design team. 8. Prepare preliminary numeric sizing calculations for BMPs. Prepare written Preliminary WQMP using Riverside County template resources. 9. Submit Preliminary WQMP to the City for review and approval. 10. Provide necessary coordination with City staff. Exclusions: • National Pollutant Discharge Elimination System (NPDES) permitting for industrial activities • Special permitting based upon SIC codes • Storm water quality analysis or interpretation of test data • Quantification of project pollutant loading or TMDL limits • Preparation of operation and maintenance programs or CC&R's Preliminary Water Quality Management Plan Lump Sum Fee: $6,000 1:\ PrOlosaas40i5Wn City ofNke Elsinore- Elm Grove Beach Parking LctlCity or LAA Elsinore Elm Grove Beach Parking Lot Proposa1429.15.doex NX111 BB&OZ PLANNING ENGINEERING SURVEYING Page 4 July 29, 2015 Scope and Not -to -Exceed Fee Cost Proposal For Design Services for a Elm Grove Beach Parking Lot Coordination & Meetings 1. SB&O to attend pre -kickoff and one (1) design review meetings with City staff. 2. Provide necessary coordination and plan processing with City staff and project team members and affected agencies to facilitate plan approvals. Coordination & Meetings Lump Sum Fee: $2,000 Planning Phase Total: $20,000 Final Plans, Specifications and Estimates Phase On-site Design 1. Grading Plan: Based on the approved Site Plan and Conceptual Grading and Drainage Plan, prepare and submit one final grading plan for the proposed site. Grading plans will indicate existing and proposed grades, slopes, finished surface elevations, drainage facilities, wall locations and heights, on-site drainage devices, on-site storm water quality measures, appropriate cross sections, details for clarification, construction notes and other pertinent information. Retaining walls included in the design shall be designed and constructed per APWA/Caltrans, as applicable. 2. Earthwork: Perforin earthwork analysis using recommendations from geotechnical report and/or soils lab sample analysis provided by the City. 3. Erosion Control Plan: Prepare one erosion control plan and submit with grading plan to the City. 4. Drainage Report: Perform hydrologic and hydraulic calculations to determine on-site flows and to size on-site drainage facilities. Prepare a letter drainage report summarizing findings. 5. Engineer's Cost Estimate: Prepare one engineer's cost estimate at the time of first plan check submittal. 6. Specifications and Special Provisions: Prepare project specifications and special provisions at the time of the first plan check submittal. 7. Submit complete set of plans and specifications to the City for review. On-site Design Lump Sum Fee: $8,000 Final Water Quality Management Plan 1. Prepare and submit one final Water Quality Management Plan (WQMP) addressing comments from the Preliminary Water Quality Management Plan and final design refinements in conformance with NPDES and City requirements. Plan addresses post - construction treatment of on-site runoff prior to release into the public system. 2. Assist City with completion of WQMP Maintenance Agreement. Final Water Quality Management Plan Lump Sum Fee: $3,000 LL&."W,00 150RMCIty of LNtt Eton..- Elm G t— Beach Pocking LmtCity of Lnke Elsinore Phn prove Beach Perking Lot PropW-7.29.IS.&cx EXHIBIT A B& Z PLANNING ENGINEERING SURVEYING Page 5 July 29, 2015 Scope and Not -to -Exceed Fee Cost Proposal For Design Services for a Elm Grove Beach Parking Lot Signing and Striping Plan 1. Prepare one signing and striping plan for Kellogg Street, Lakeshore Drive and Limited Street along the project frontage and on-site. 2. Submit to the City for review and approval. Signing and Striping Plan Lump Sum Fee: $2,000 Coordination & Meetings Provide final design phase coordination and plan processing and attend meetings with design team members, City staff and affected agencies to facilitate plan approvals. Coordination & Meetings Lump Sum Fee: $2,000 Final Plans, Specifications and Estimates Phase Total: $15,000 Construction Phase Bid & Construction Assistance 1. During bidding and construction, provide interpretation of the plans as requested by City staff. 2. Visit the site, as requested by City, to review construction and report to the City. Unless specifically engaged to provide construction management services, SB&O, Inc. will not provide direction to the contractor. 3. Provide necessary coordination with the City, contractor, utility companies and other agencies during construction phase of project. 4. The fee for this task is for budget purposes only. The client and SB&O, Inc. will agree to any additional effort before services are performed. Bid & Construction Assistance T&M Estimated Fee: $2,000 Construction Phase Total: $2,000 Reimbursables 1. Outside reimbursables are billed at cost, and include the following items: photocopies, color photograph prints, scanning services, copies of plans, plots (black and white, and color, variety of sizes), deliveries, outside vendor services, and any other miscellaneous expenses incurred during performance of the scope of services. 2. In-house reimbursables are billed in accordance with the Fee Schedule dated October 2014, which is Exhibit "A" enclosed herewith. In-house reimbursables include the following items: photocopies, faxes, color photograph prints, scanning services, copies of plans, plots (black and white, and color, variety of sizes), materials associated with 11_ PM,osalsW50E1Ecity of Lake Elsinore- Hen Drove Beach Perkier LotTay of inke Elsinore talon Grove Eeee h Parkin, I Pro,e,eI-7.29.I5,Aax EXHIBIT A BB&02 PLANNING ENGINEERING SURVEYING Page 6 July 29, 2015 Scope and Not -to -Exceed Fee Cost Proposal For Design Services for a Elm Grove Beach Parking Lot preparation of technical reports, deliveries, notary services, and any other miscellaneous expenses incurred during performance of the scope of services. Reinrbursables Lump Sum Fee: $3,000 Reimbursables Budget Total: $3,000 FEE SUMMARY Description Planning Phase Research and Base Map Site Plan Conceptual Grading and Drainage Plan Preliminary Water Quality Management Plan Coordination & Meetings Planning Phase Total: Final Plans, Specifications and Estimates Phase On-site Design Final Water Quality Management Plan Fee $2,000 3,000 7,000 6,000 2,000 $20,000 $8,000 3,000 Signing and Striping Plan 2,000 Coordination and Meetings 2,000 Final Plans, Specifications and Estimates Phase Total: $15,000 Construction Phase Bid & Construction Assistance (T&M) Reimbursables Budget Reimbursables costs estimated budget $2,000 Construction Phase Total: $2,000 $3,000 Reimbursable Budget Total: $3,000 Proposal Total: $40,000 We will perform the work indicated as T&M on a time and materials basis according to the Fee Schedule dated October 2014, which is Exhibit "A" enclosed herewith. The fee for this work will be approximately $2,000. We will perform the remainder of the work for the Lump Sum amount of $38,000. Any reimbursables will be billed separately, according to the Fee Schedule. The work as outlined on the Scope of Work will be performed under the City of Lake Elsinore's Standard Terns and Conditions. I:\_Propuvals\2015\DR➢\City of (aka tilsinom-I: Grove Bench Parking Uoatyoftnko Elsinore Elm Cuove➢each Parking Lot 1}oposa67.29.15.docx EXHIBIT A SBTX®?1-1 PLANNING ENGINC—ERING SURVEYING Page 7 July 29, 2015 Scope and Not -to -Exceed Fee Cost Proposal For Design Services for a Elm Grove Beach Parking Lot Schedule A preliminary project schedule is enclosed for purposes of review and discussion. The duration of the individual tasks and overall project completion may be modified to accommodate an accelerated schedule or lengthened to add additional tasks as necessary to meet the City's needs. Resource Allocation The below personnel will be available immediately to start work on the project and throughout the design process to meet the enclosed schedule. Don Brooks, P.E: Principal in Charge to oversee design, resource allocation, schedule and coordination with City. Brad Knepp, P.E.: Design Engineer responsible for preliminary and final grading, drainage and WQMP design. Blake Hatch, Semor Design Draftsman: Responsible for design assistance and CAD drafting. Once you have had a chance to review the scope of work and associated costs, please contact me with questions and/or comments. Sincerely, SB , INC. AS )B45k , E 41829 President, Inland Empire Division DRB/jsh Enclosures: Preliminary Project Schedule Exhibit "A" - Fee Schedule I9_Pmpoas12015\ M\City of f Ao Glsmom- Elm Grave Bcach Parking Lm\City of Lala rWnomc Elm Grove PenhPakhl& l.ot Pro,nal4.29.15.docx EXHIBIT A CITY OF LAKE ELSINORE Elm Grove Beach Parking Lot July 29, 2015 m I mrs xanw TOTAL PROJECT DESIGN PLANNING PHASE Notice of Project Award Contract coordination won City Notice Proceed ResearcM1 Sol Walk&prepare altemed,se sXe plans Meet with city to discuss alternatives Prepare prelminary plans Submit preliminary plans First City Plan review CONSTRUCTION DOCUMENTS Prepare final PS&E Submit 1st PS&E let PS&E City review let PSSE corrections Submit 2nd PS&E 2nd PS&E City review 2nd PS&E corrections Submt 3rd PS&E 3rd P5&E City review Submi for plan sgreNres Plans approved and dumped Bid eu2llm 132 days 41 days 0days 8days 0 days 20 days 5tlays iday 12 days Otlays 15 days 91 days 15 days Otlays 10 days 10 days Otlays do, 10 tlays Otlays 5tlays 0days ltlay 38 days srnn Man 8117 Mon 8117 Mona/1] Mon 8117 Wed 8126 Thu 8127 Thu 8127 Thu 913 Fri 914 Too 9122 Wed 9123 Wed 10114 Wed 10/14 Too 1113 Wed 1114 Wed 11118 Thu 12I3 Fri 1214 Fri 12/18 Toe 115 Wed 116 Toe 1112 Wed 1/13 Thu vtb rmisl, Wed 2124 Toe 10113 Mon 8117 Wed 8126 Wed 8126 Thu 9/24 Wed 9/2 TM1u 9/3 Toe 9/22 The 9122 Too 10113 Wed 2124 The 1113 The 1113 Toe ii/lir Thu 12/3 Thu 1213 Thu 12/17 Too 1/5 Too 1/5 Tee 1112 Toe 1112 Wed t/13 Wed 2/24 A. lone! rve. nee inner erz s 11 of �� .V newts rs . uao¢d of mr+ ono y mats �y t nunsh nz ivfi If vx zn ! 10 nt al via zmt xrze Jls_. x s a s s 7 i Is �. ,a 1211111 f i vers nlzns J L �= . _ v 14 is to 11 —is10 11 20 21 21 %+ Darn: .1 711 Teex Uri,,— mane summery Press up Tear Ralles lip Mileepse .,in _._-I Eele,rartzs4x .' Rd,d up spm nene oeanora SB&O, Inc.,' 41699 Enterprise Circle N, Ste 126- Temecula CA. 92590 (951f 695-8900 Office (951) 6958901 Fax EXHIBIT A SB&OZ "TANNING LNIl I LIIRIiNG dt.!HVFivINU City of Lake Elsinore - Ehn Grove Beach Parking Lot FEE SCHEDULE - October 2014 Hourly Rates Expert Witness (Depo/Court Appearance).......... $325.00lhr Professional Consultation .................................... $210.00/hr Principal............................................................... $207.00/hr Project Manager .................................................. $184.00/fir Project Engineer .................................................. $153.00/hr Assistant Project Engineer ................................... $139.001hr Design Engineer .................................................. $128.00/hr Staff Engineer...................................................... $108.00/hr Senior Designer ................................................... $127.00/hr Senior Design Drafter .......................................... $115.00/hr Design Drafter ..................................................... $106.00/hr Drafter................................................................... $96.00/hr Delineator.............................................................. $74.00/tu Associate Planner ................................................ $106.00/hr Senior Land Surveyor .......................................... $177.00/hr Survey Supervisor ............................................... $146.00/hr Assistant Land Surveyor ...................................... $134.00/hr 1 -Man Survey Crew ............................................ $170.00/hr 2 -Man Survey Crew ............................................ $250.00/hr 3 -Man Survey Crew ............................................ $350.00/hr 2 -Man Survey Crew (Overtime) .......................... $335.00/hr 1 -Man Survey Crew (Double time) ..................... $270.00/hr 2 -Man Survey Crew (Double time) ..................... $420.00/hr 1 -Man Survey Crew (GPS) ................................. $215.00/hr Computer Technician/Survey Notes .................... $120.00/hr Contract Coordinator ............................................. $95.00/hr Administrative Technician .................................... $73.00/hr Delivery Service .................................................... $50.00/hr QSD..................................................................... $175.00/hr QSP...................................................................... $11 1.00/hr Storm Water Sampling Sample Collection ....................................... $111.00/sample Sample Testing .................................................. $111.00/test Laboratory Testing ............................................... Cost+15% EXHIBIT "A" In-house Reimbursables Charges Convine/Printin Copies/Prints, 8'/2" X 11'' .......................$0.10/page $3.54/ea Copies/Prints, 11" X 17 .. ...................$0.20/page $3.54/ea Copies/Prints, 8%' X I 1", Color ............ $0.60/page Copies/Prints, 11" X 17", Color.............$1.00/page $6.60/ca Slip Sheets (Color).................................$0.07/page $7.45/ea Printing - Drawings/Plans Bond: .......................................................... $0.20/sf Mylar: ......................................................... $3.75/sf Plotting Bond........................................................... $1.50/sf Mylar.......................................................... $3.25/sf Bond, Color ................................................ $2.75/sf High Gloss, Color ....................................... $5.50/sf Technical Reports .5" Binder ................................................... $3.54/ea 1" Binder .................................................... $3.54/ea 1.5" Binder ................................................. $5.30/ea 2" Binder .................................................... $6.60/ca 3" Binder .................................................... $7.45/ea 4" Binder .................................................. $18.92/ea 5 -Tab Label Dividers ................................. $5.20/ea 8 -Tab Label Dividers ................................. $6.70/ea Comb Binding w/covers............................ $3.90/ea Map Pockets .............................................. $0.25/ea Scanning Scan: ....... ................................................... $1.35/sf CD: .......... ............................................ $15.00/each Fax (10 page minimum): ........................ $ 1.00/page Notary Services ............................ $10.00/signature EFT & Third Party EFT Fees/Charges.............Cost Outside Reimbursable Charges .....................Cost Client hereby agrees that the balance as stated on the invoice from Engineer to Client is correct, conclusive, binding on the Client, and due within 45 days from date of invoice, unless Client, within 10 days from the date of the invoice, notifies Engineer in writing of the particular item that is alleged to be incorrect. Client hereby agrees that costs for subsequent requests of billing and/or exhibit copies will be borne by Client, and billed on a time and materials basis (T&M) under Client reimbursable job number specified in Contract Time is of the essence regarding the provisions of this paragraph. NOTE: Under the terms and conditions of this contract, a late payment FINANCE CHARGE will be computed at the periodic rate of 1.00% per mo which is an ANNUAL PERCENTAGE RATE of 12% and will be applied to any unpaid balance commencing 30 daW-eto on which payment of the balance, pursuant to this contract, is required to be made. SB&O Initials: Client Initials: I\Proposals@OH\ORB\City ofrove Reach Parking Lo[\50-1410Exh Alogo-Ciryof Lake Elsinore Elm Grove Reach Pkg. Ladocx Revi,M: 6/29/15 ATTACHMENT'B' LAKESHORE PARKING LOT MAP AGENDA COVER SHEET MEETING OF / �— City Council Redevelopment Agency Other DEPARTMENT: CONSENT APPEAL _ F1 BUSINESS: RESOLUTION: El ORDINANCES F—] PUBLIC HEARING ATTACHMENTS: 'i' Y'[:Z�( F1Report emailed to Clerk M N .. a N a ■ a ■ M ■ a ■ ■ ■ ■ ■ ■ M ■ E ■ M ■ M a ■ E .... ■ . M ■ 1 . M ■ . a M ■ E ■ ■ ... . ■ .. E ■ u ■ n M M M .... • . a ■ ■ FOLLOW UP DIREC NounZ3 E■.■ E■ M■ u■ E N M No WOMEN O■. MEMO on M■ N■ M MOON n O M. E■■ E NEM M. MEN M■ E E N MEN KNOWN 0 Submitted by: �- Date: f) Approved by: Department Head: -Date Finance Director: \ Date: City Manager: Date: a CITY OFi�h LADE 9LS1h0RE --- M DREAM EXTREME.. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: AUGUST 11, 2015 SUBJECT: Award of Public Works Construction Contract for FY 2015- 2016 Citywide Pavement Rehabilitation Program Phase 2A Project No: Z10008 Recommendation 1. Award the Public Works Construction Agreement for the FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 2A to Hardy & Harper, Inc. 2. Approve and authorize the City Manager to execute the Agreement in the amount of $161,062 to Hardy & Harper, Inc. in substantially the form attached and in such final form as approved by the City Attorney. 3. Authorize the City Manager to execute change orders not to exceed the 15% contingency amount of $24,159 for adjustment in bid quantities. 4. Authorize the Director of Public Works to record the Notice of Completion once it is determined the work is complete and the improvements are accepted into the City's maintained system. Background On July 8, 2015, a Notice Inviting Bids was posted for the FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 2A. Contractor bids were solicited and received on July 30, 2015, at 2:00 p.m. In accordance with the City's Pavement Management Plan (PMP), the Pavement Condition Index (PCI) method was used to assess and calculate pavement distress. The work to be performed under this contract includes: surface preparation via localized dig -outs (selective removal and replacement of failed asphaltic concrete pavement); restriping and re -installation of pavement legends, Construction Contract Award to Hardy & Harper, Inc. FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 2A August 11, 2015 Page 2 of 2 limit lines, and crosswalks in accordance with current standards. A grind and asphalt overlay pavement will be used during this project. Inspection will be performed by in house staff. Discussion Contractor bids were opened publicly on July 30, 2015, at 2:00 p.m. The City received five (5) bids from qualified contractors. The bid results are summarized below: Contractor (Bidder) Location Bid Amount 1. Hardy & Harper, Inc. Santa Ana $161,061.20 2. RJ Noble Company Orange $167,089.80 3. All American Asphalt Corona $184,870.00 4. Hillcrest Contracting Corona $192,859.04 5. D'YBanag Construction Co. Perris $264,814.00 Staff tabulated and verified all bids and determined Hardy & Harper, Inc. to be the lowest responsible bidder. The project is expected to begin construction in September 2015 with substantial completion in November 2015. Fiscal Impact This project is included in the City's adopted FY 2015-2019 Capital Improvement Plan and will be financed by T.R.I.P. Sufficient funds are available to complete the project. Prepared by: Nicole McCalmont Sr. EngineeringTechnician Approved by Jim Smith, P.E. tV Interim Director of Public Works Approved by Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager Attachments: Agreement for Construction Services Exhibit A — List of Street Name AGREEMENT FOR PUBLIC WORKS CONSTRUCTION HARDY & HARPER, INC. FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 2A Project No. Z10008 This Agreement for Public Works Construction ("Agreement") is made and entered into as of August 11, 2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and Hardy & Harper, Inc., a California corporation ("Contractor"). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. The Project and Project Documents. Contractor agrees to construct the following public improvements ("work") identified as: FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 2A (the "Project") The City -approved Specifications and Contract Documents for the construction of the Project, which are incorporated herein by reference, are identified as: FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 2A, dated July 7, 2015. The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder's Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above -listed documents are made a part of this Agreement as though fully set forth herein. 2. Compensation. a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder's Proposal, such contract price being ONE HUNDRED SIXTY-ONE THOUSAND SIXTY TWO DOLLARS ($161,062). b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents. C. Contractor agrees to receive and accept the prices set forth in the Bidder's Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance Hardy &I larper Pavement Rehab Ph 2A Construction Agntt including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 3. Completion of Work. a. Contractor shall perform and complete all work within forty (40) working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances, and any other legal requirements governing the Project. C. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the Director of Public Works, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of FIVE HUNDRED DOLLARS ($500.00) per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damages claims against the Contractor. Any change to the work shall be by way of a written instrument ('change order") signed by the City and the Contractor, stating their agreement to the following: a. The scope of the change in the work; b. The amount of the adjustment to the contract price; and Page 2 c. The extent of the adjustment to the Schedule of Performance. The Director of Public Works is authorized to sign any change order provided that sufficient contingency funds are available in the City's approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one -hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney. 6. Non -Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City. 7. Licenses. Contractor represents and warrants to City that it holds the contractor's license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 9. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City's Risk Manager, the following insurance policies. Page 3 i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. iv. Builder's Risk Coverage. Prior to the commencement of any construction of the Project, Contractor shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder's risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). V. Professional Liability Coverage. [Intentionally omitted]. b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than AMI 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 Page 4 arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees, or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 Page 5 If to Contractor: Hardy & Harper, Inc. Attn: Steve Kirschner 1312 E. Warner Ave. Santa Ana, CA 92705 11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 17. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make Page 6 the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The Director of Public Works shall act as the Project administrator on behalf of the City. 20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 22. Prevailing Wages. a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hour's laws will be enforced. C. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor, and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Page 7 Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. 23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: "CONTRACTOR" Hardy & Harper, Inc., a California corporation By: Its: City Clerk By. Its: APPROVED AS TO FORM: City Attorney Attachment: Bidder's Proposal Page 9 ATTACHMENT 'A' BIDDER'S PROPOSAL BIDDER'S PROPOSAL FY 2015-2016 RESIDENTIAL STREET REHABILITATION PROJECT - PHASE 2A Company: Hardy & Harper, Inc Honorable Mayor Members of the Council: In accordance with the Notice Inviting Bids pertaining to the receiving of sealed proposals by the City Clerk of the City of Lake Elsinore for the above titled improvement, the underSlgned hereby proposes to furnish all Work to be performed in accordance with the Specifications, Standard Drawings, and the Contract Documents, for the unit price or lump sum set forth in the following schedule: BID SCHEDULE A — LOCATIONS PER APPENDIX A Item No. Description Quantity Units Unit Price ($) Total Bid ($) Sec. No. MOBILIZATION AND DEMOBILIZATION, 1 INCLUDING CONSTRUCTION 1 LS -71600-06 7,44U•UO SCHEDULES (NOT TO EXCEED 5% OF TOTAL BID) 2 INSTALL FULL WIDTH 1.5" AC PAVEMENT 1766 Tons 501.00 OVERLAY _ _ 3 CRACK SEALING AND WEED KILLING _ 1 LS X4,000.00 ((#1000.00 4 PUBLIC NOTIFICATION v 1 LS Z�000xo ZOO d) REMOVE AND REPLACE EXISTING 5 PAVEMENT MARKINGS, LEGENDS, AND 1 LS Z o 00 Z,SOU C70 PAVEMENT MARKERS IN KIND 6 CONSTRUCTION SURVEYING AND 1 LS �/ S MONUMENT PRESERVATION 7 TRAFFIC CONTROL 1 LS 5 UDL>-00 S}Uo_O'do $ CONDUCT 0"-1.5" VARIABLE DEPTH 22,168 SF Z� (� Si$1(D7, PAVEMENT EDGE GRIND 9 ADJUST WATER VALVE TO GRADE 16 EA J Q a0 a o 10 ADJUST SEWER MANHOLE TO GRADE 16 EA 440,66 ? Q0 a0 SCHEDULE A Total Bid: SCHEDULE A Total Bid: Sjy I N (%vi -e tv. *BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS. (CONTINUED ON NEXT PAGE) C-2 The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore. The above unit prices include all work appurtenant to the various items as outlined in the Specifications and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern. The undersigned declares that it has carefully examined the Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon. Date: 7/22/15 Contractor's State License No.: Class: A C-8 C12 Address: 1312 E. Warner Ave. Santa Ana, CA 92705 Phone: 714-444-1.851 FAX: 714-444-2801 Hardy & Harper, Inc Contractor By, Steve Kirschner _ 215952 C-3 ACKNOWLEDGMENT OF ADDENDA RECEIVED, IF ANY: FY 2015-2016 RESIDENTIAL STREET REHABILITATION PROJECT - PHASE 2A The Bidder shall acknowledge the receipt of addenda by placing an 'W' by each addendum received. Addendum No.1 Addendum No.2 0 Oa Addendum No. 3 Addendum No.4 If an addendum or addenda have been issued by the City and not noted above as being received by the Bidder, the Bid Proposal may be rejected. J Bidder's Signature Steve Kirschner - Vice President C-4 7/22/15 Date NONCOLLUSION AFFIDAVIT STATE OF CALIFORNIA SS COUNTY OF (NAME) Steve Kirschner affiant being first duly sworn, deposes and says: That he or she is Vice President of (sole owner, partner or other proper title) Hardy & Harper, Inc the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. (Public Contract Code Section 7106) Address: 1312 E. Warner Ave, Santa Ana, CA 92705 Telephone No.: 714-444-1851 Print SignE Title: Vice President Date: 7/22/15 SIGNING INSTRUCTIONS TO THE CONTRACTOR Non -Collusion Affidavit must be accompanied by notary certificates for signature. Note the description of the document on the notary certificate. Attach notary certificate immediately following this page. If the Bidder fails to properly sign or omits the required signature, the bid will be considered non-responsive and will he rejected. C-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ',. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the ',. document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ORANGE ) On July 28 2015 before me, JO -ANN LYONS NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(x) whose name(a) f8/a1*e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(o), or the entity upon behalf of which the person(s) acted, executed the instrument. JO -ANN LYONS Commission # 20230 Z QMy Notary Public - California z Z Orange County > Comm. Expires Ma 3, 2017' Place Notary Seal Above 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. X? Signature OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Non -Collusion Affidavit Document Date: July 22 2015 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner 0 Corporate Officer — Title(s): ace Prpgide,t ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper, Inc. Signer's Name: D Corporate Officer — Title(s): _ ❑ Partner — 0 Limited El General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F Other: Signer Is Representing: 02014 National Notary Association • www.Nationa[Notary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 BOND NO. HARHA-2052 FY 2015-2016 RESIDENTIAL STREET REHABILITATION PROJECT -PHASE 2A KNOW ALL MEN OR WOMEN BY THESE PRESENTS That we Hardy & Harper, Inc as PRINCIPAL, _ hereinafter referred to as "Contractor', and Fidelity and Deposit Company of Maryland a duly authorized corporate as "Surety," are held and firmly bound unto the City of Lake Elsinore in the penal sum of TEN PERCENT (10%). OF THE TOTAL AMOUNT OF THE BID of the Contractor above named, submitted by said Contractor to the City of Lake Elsinore for the work for said project entitled above, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City of Lake Elsinore to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the amount of Ten Percent (10%) of Amount Bid THE CONDITION OF THIS OBLIGATION IS SUCH: That whereas the Contractor has submitted the above-mentioned Bid to the City of Lake Elsinore as aforesaid for the work for said,project entitled above. NOW, THEREFORE, if the aforesaid Contractor is awarded the Contract and, within the time and manner required under the Contract documents, after the prescribed forms are presented to him or her for signature, enters into a written Agreement in the prescribed form and in accordance with the Contract documents, and files two bonds with the City of Lake Elsinore, one to guarantee faithful performance and the other to guarantee payment for labor and materials, in accordance with said Contract documents, and as required by law, and files the required insurance certificate(s) in accordance with said Contract documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect until execution of the Agreement or forfeiture pursuant to the Provisions of Sections 20172 and 20174 of the Public Contract Code. In the event suit is brought upon this bond by the City and judgment 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. (SIGNATURE PAGE FOLLOWS) C-6 BIDDER'S BOND SIGNATURE PAGE IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 24th day of July 2015 BIDDER: Contractor Name: Hardy & harper, Inc Address: 1312 E. Warner Ave., Santa Ana, CA 92705 Telephone No.: 714-444-1851 Print Name: Steve Kirschner Title: resident Signature: Date: 2 15 CORPORATE SURETY: Fidelity and Deposit Company Name: Company of Maryland Address: 777 South Figueroa Street Suite 3900 Los Angeles, CA 90017 Telephone No.: (213) 270-0600 Print Name: Dwight Reilly Title: Signature: Date: July 24, 2015 SIGNING INSTRUCTIONS TO THE CONTRACTOR Bidder's Bond must be accompanied by notary certificates for EACH signature. Note the description of the document on the notary certificate. Attach BOTH notary certificates immediately following this page. Corporate Seal may be affixed hereto. The attorney-in-fact for corporate surety must be registered, as such, in at [east one county in the State of California. Attach one original Power of Attorney immediately following the notary certificates. If the Bidder fails to properly sign or omits the required signatures, the bid will be considered non-responsive and will be rejected. C-7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ORANGE ) On July 28, 2015 before me, JO -ANN LYONS NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(x) is/axe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ias), and that by his/her/their signature(Is) on the instrument the person(Kl, or the entity upon behalf of which the person(s) acted, executed the instrument. d0 -ANN LYONS iCommission # 2023055 z : @MyComm. Notary Public - California i zOrange County Expires May 3, 2017 ~ 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 v rry Signature of Notary Pu Ic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: July 2.4 2015 Number of Pages: 2 Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: t ye Kirschn r O Corporate Officer — Title(s):y'ra Praddanr ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper Inc Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator f_J Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On July 24, 2015 before me, Susan Pugh Notary Public (insert name and title of the officer) personally appeared Dwight Reilly , who proved to me on the basis of satisfactory evidence to be the person(%) whose name(%) is/agar subscribed to the within instrument and acknowledged to me that he/jdre(tiW executed the same in hisdbendbei%authorized capacity( as), and that by his&KxAkr msignature(s) on the instrument the person(s), 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. ^ SUSAN PUGN K comm. ersosaos01-my WITNESS my hand and official seal. -California Notary Public ORANGE COUNTY Npa Comm. Expires Apr 29, 2019 Signature (Seal) Bond No. IIARIIA-2052 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Andrew WATERBURY and Arturo AYALA, all of Orange, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and Ute execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Souls of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of May, A.D. 2014. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUAL'L'Y AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND $,yr4yreh ha oriyf� �.�µi wsy"W� -P, Y/w�w Secretary Vice President Eric D. Barnes Thomas O. McClellan State of Maryland County of Baltimore On this 22nd day of May, A.D. 2014, before the subscriber, a Notary Public of the State of Maryland, duly commissioned mid qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding ittstnanenl, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the Stals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as suer officer were duly affixed and subscribed to the said instrument by tire authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above written POA -F 012.00798 Constance A. Dunn, Notary Public My Commission Expires: July l4, 2019 POA -F 012.00798 LIST OF SUBCONTRACTORS The bidder is required to fill in the following blanks in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the Government Code of the State of California) and should familiarize itself with Sections 2-3 of the Standard Specifications. Name Under Which Subcontractor is Licensed: ' 09 (06WM License Number: 41bQ ip`htP_ Address of Office, Mill or S + I2ti2 Specific Description of Sub -Contract: and Bid Items of Work: RM6 4HI i\_ Name Under Which Subcontractor is Licensed: U 1 >:S_fi&m License Number: Address of Office, Mill or Shop: j??I�. IZ,VVUnYLPN��(��4i "q J. Aj�j2?/�� _ Specific Description of Sub -Contract: and Bid Items of Work Y� I�J 1,� 1�J Name Under Which Subcontractor is Licensed: License Number. �I1V Address of Office, Mill or Shop: Specific Description of Sub -Contract: and Bid Items of Name Under Which Subcontractor is Licensed: (A%�Ry (l License Number: . L5 I Address of Office, Mill or Shop: t k7EC I) Specific Description of Sub -Contract: and Bid Items of Subcontractors listed in accordance with the provisions of Section 2-3 must be properly licensed under the laws of the State of California for the type of work that they are to perform. Do not list alternate subcontractors for the same work. C-8 REFERENCES Failure to demonstrate adequate experience may result in rejection of the bid. For all public agency projects with a similar scope of work which you have worked on (or are currently working on) in the past three (3) years, provide the following required information: 1. Name (Firm/Agency): Please see attachment "H' for references Address: Contact Person: _ Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 2. Name (Firm/Agency): Address: _ Contact Person: _ Telephone No.: Title of Project: Project Location: Date of Completion: _ Contract Amount: 3. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: C-9 4. Name(Firm/Agency): Please see attachment 'H` for references Address: Contact Person: Telephone No.: Title of Project: _ Project Location: Date of Completion: Contract Amount: 5. Name (Firm/Agency): Address: Contact Person: Telephone No_: Title of Project: Project Location: Date of Completion: Contract Amount: 6. Name (Firm/Agency): Address: Contact Person: Telephone No.: _ Title of Project: Project Location: Date of Completion: Contract Amount: 7. Name (Firm/Agency): Address: Contact Person: Telephone No.: _ Title of Project: Project Location: Date of Completion: Contract Amount: C-10 List any other projects (private, older than three (3) years, etc.) that may represent qualifying similar experience: 1. Name (Firm/Agency): Please see attachment "13" for references Address: Contact Person: Telephone No.: Title of Project: _ Project Location. Date of Completion: Contract Amount: t 2. Name (Firm/Agency): Address: Contact Person: Telephone No.: - Title of Project: Project Location: W ----------- Date of Completion: _ Contract Amount: 3. Name (Firm/Agency): _ _— Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: C-11 ATTACHMENT H Page I of 2 PUBLIC WORKS REFRENCES 2013/2014 Owner/Agency Contact Project (Amount & Completion Date) City of Buena Park Wood Nousome Burnham Avenue Improvemnts 8150 Knott Avenue wnousomepbuenapark.com Schedule A Project (714) 562-3750 Buena Park, CA 90620 ST -969 $229,113 12/14 City of Cypress Dario Simoes, P.E. Street Rehabilitation & Overlay 5275 Orange Avenue (714) 229-6694 Project No. 123 Cypress, CA 90630 dsimoes(aci.cypress.ca.us $269,936 11/14 City of Tustin Eddy Jan, P.E. 2013-14 Roadway Rehab 300 Centennial Way (714) -573-3157 & Sidewalk Repair Project Tustin, CA 92780 ejan(alandpen.com CIP 70001 $1,491,543 12/14 City of Palos Verdes Jack Rydell, P.E. FY 14/15 Street Resurfacing 340 Palos Verdes Dr West (310) 378-0383 Project NIB -14-07 Palos Verdes Estates, CA 90274 iackrvdell(apcaanrofessionals.com $1,187,987 12/14 City of Chino Hills Anne Dutrey, P.E. FY2013-14 Street Improve - 140000 City (909) 364-2760 ments Project No. 514001 Chino Hills, CA aduvreyachinohilis.ora $918,965 11/14 City of Hesperia Dwaine Latimer, P.E. Street Improvements and 9700 Seventh Avenue (760) 947-1434 Main Street Bridge Rehab Hesperia, CA 92345 dlatimerftcityofhesperia.us $1,184,570 01/15 County of Los Angeles Public Works Jose Pou, P.E. 124th Street ET. Al. 900 S Fremont Avenue (626) 458-2191 RDC0013372 Alhambra, CA 91803 Jpou(Qdpw.lacounty.aov $4,304,600 12/14 City of Riverside Steve Howard Arterial Streets Maintenance 3900 Main Street (951) 826-5708 $4,444,000.00 03/14 Riverside, CA 92552 showard0riversideca.aov Minor Streets Maintenance $1,543,000.00 04/14 Page 2 of 2 PUBLIC WORKS REFRENCES 2013/2014 County of Riverside Trai Nguyen Murrieta Hot Springs Road 3525 14th Street (951) 961-5363 $1,305,000.00 04/14 Riverside, CA 92501 Estelle & Grant Street Surfacing $838,000.00 03/14 Ctiy of Westminster Tuan Pham Brookhurst Street 8200 Westminster Blvd. tpham westminster-ca.gov $1,116,920.00 12/13 (714) 548-3456 Westminster, CA 92683 County of San Bernardino J.D. Gayman San Bernardino Ave. 825 East Third Street (909) 387-7924 $1,577,000.00 06/14 San Bernardino, CA 92415 JDGavmanadpw.sbcountv.ctov Wagon Train Road $202,000.00 05/14 Running Springs School $430,730.00 05/14 City of Pasadena Richard Yee Preventive Street Maintenance 100 N. Garfield Ave. (626) 744-4643 $1,558,717.00 06/14 Pasadena, CA 91109 City of Perris Brad Brophy Mapes Road/Gilmore Road 101 North "D" Street brad otrilakeconsultants.com $380,00,00 03114 (951) 943-6504 Perris, CA 92570 City of La Mirada Gary Sanui Phase 3 Street Rehab 13700 La Mirada Blvd, gsanuiPcitvoflamirada.org $1,075,484.00 06/14 (562) 943-0131 La Mirada, CA 90638 Contractor's License No.: 215952 a. Date first obtained: 3/13/63 b. Has License ever been suspended or revoked? If yes, describe when and why: c. Any current claims against License or Bond? If yes, describe claims: Class: A C-8 C12 Expiration 12/31/15. No. M Principals in Company (List all — attach additional sheets if necessary): NAME TITLE LICENSE NO. (If Applicable) Fred T. Maas, Jr President, Treasurer 215952 Dan T. Maas CEO 215952 Steve Kirschner Vice President 215952 Kristen Paulino Secretary 215952 Cat VIOLATIONS OF FEDERAL STATE OR LOCAL LAWS i 1. Has your firm or its officers been assessed any penalties by an agency for noncompliance or violations of Federal, State or Local labor laws and/or business or licensing regulations within the past five (b) years relating to your construction projects? YES /(q (circle one) Federal / State / Local (circle one) If "YES," identify and describe, (including agency and status): _ Have the penalties been paid? YES / NO (circle one) i i 2. Does your firm or its officers have any ongoing 'investigations by any public agency regarding violations of the State Labor Code, California Business and Professions Code or State Licensing Laws? YES Q9 (circle one) Code/Laws: i Section/Article: If "yes," identify and describe, (including agency and status): C-1.3 DISQUALIFICATION OR DEBARMENT Has your firm, any officer of your firm, or any employee who has a proprietary interest in your firm ever been disqualified, removed, or otherwise prevented from bidding on, performing work on, or completing a federal, state or local project because of a violation of law or a safety regulation? YES /0 (circle one) If yes, provide the following information (if more than once, use separate sheets): Date: _ Entity: Location: Reason: Provide Status and any Supplemental Statement: Has your firm been reinstated by this entity? YES NO (circle one) C-14 EXHIBIT'A' LIST OF STREET NAMES Exhibit A FY 2015-2016 RESIDENTIAL STREET REHABILITATION PROJECT - PHASE 2A STREET LOCATION LIST Name Length Width Area Clement St/Lakeshore-Broadway 800 42 33,600 Broadway St/Clement-Machado 610 30 18,300 Jessica St/Clement-Broadway 725 42 30,450 Lauren CUClement-end 200 42 8,400 Broadway St/Clement-White Oak 925 42 38,850 White Oak/Dryden-south end 1,200 42 50,400 Dryden/40 feet so. of Lakeshore -White Oak 200 42 8,400 Totals (to be field verified) 4,660 282 188,400 CITY OF � LADE I LSINOFZE �M AM EXI KEW - REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: AUGUST 11, 2015 SUBJECT: 2016 Citywide Pa Project No: Z10008 Recommendation ract for FY 2( 1. Award the Public Works Construction Agreement for the FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 2A to Hardy & Harper, Inc. 2. Approve and authorize the City Manager to execute the Agreement in the amount of $161,062 to Hardy & Harper, Inc. in substantially the form attached and in such final form as approved by the City Attorney. 3. Authorize the City Manager to execute change orders not to exceed the 15% contingency amount of $24,159 for adjustment in bid quantities. 4. Authorize the Director of Public Works to record the Notice of Completion once it is determined the work is complete and the improvements are accepted into the City's maintained system. Background On July 8, 2015, a Notice Inviting Bids was posted for the FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 2A. Contractor bids were solicited and received on July 30, 2015, at 2:00 p.m. In accordance with the City's Pavement Management Plan (PMP), the Pavement Condition Index (PCI) method was used to assess and calculate pavement distress. The work to be performed under this contract includes: surface preparation via localized dig -outs (selective removal and replacement of failed asphaltic concrete pavement); restriping and re -installation of pavement legends, Construction Contract Award to Hardy & Harper, Inc. FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 2A August 11, 2015 Page 2 of 2 limit lines, and crosswalks in accordance with current standards. A grind and asphalt overlay pavement will be used during this project. Inspection will be performed by in house staff. Discussion Contractor bids were opened publicly on July 30, 2015, at 2:00 p.m. The City received five (5) bids from qualified contractors. The bid results are summarized below: Contractor (Bidder) Location Bid Amount 1. Hardy & Harper, Inc. Santa Ana $161,061.20 2. RJ Noble Company Orange $167,089.80 3. All American Asphalt Corona $184,870.00 4. Hillcrest Contracting Corona $192,859.04 5. D'YBanag Construction Co. Perris $264,814.00 Staff tabulated and verified all bids and determined Hardy & Harper, Inc. to be the lowest responsible bidder. The project is expected to begin construction in September 2015 with substantial completion in November 2015. Fiscallmpact This project is included in the City's adopted FY 2015-2019 Capital Improvement Plan and will be financed by T.R.I.P. Sufficient funds are available to complete the project. Prepared by: Nicole McCalmont Sr. Engineering Technician Approved by Jim Smith, P.E. Interim Director of Public Works Approved by Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager Attachments: Agreement for Construction Services Exhibit A — List of Street Name AGREEMENT FOR PUBLIC WORKS CONSTRUCTION HARDY & HARPER, INC. FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 2A Project No. Z10008 This Agreement for Public Works Construction ("Agreement") is made and entered into as of August 11, 2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and Hardy & Harper, Inc., a California corporation ("Contractor"). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. The Project and Project Documents. Contractor agrees to construct the following public improvements ("work") identified as: FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 2A (the "Project") The City -approved Specifications and Contract Documents for the construction of the Project, which are incorporated herein by reference, are identified as: FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 2A, dated July 7, 2015. The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder's Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above -listed documents are made a part of this Agreement as though fully set forth herein. 2. Compensation. a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder's Proposal, such contract price being ONE HUNDRED SIXTY-ONE THOUSAND SIXTY TWO DOLLARS ($161,062). b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents. C. Contractor agrees to receive and accept the prices set forth in the Bidder's Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance Hardy &I I arpet Pavement Rehab Ph 2A Construction Annie including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. Completion of Work. a. Contractor shall perform and complete all work within forty (40) working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances, and any other legal requirements governing the Project. C. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the Director of Public Works, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of FIVE HUNDRED DOLLARS ($500.00) per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work, 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damages claims against the Contractor. Any change to the work shall be by way of a written instrument ("change order") signed by the City and the Contractor, stating their agreement to the following: a. The scope of the change in the work; b. The amount of the adjustment to the contract price; and Page 2 c. The extent of the adjustment to the Schedule of Performance. The Director of Public Works is authorized to sign any change order provided that sufficient contingency funds are available in the City's approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one -hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney. 6. Non -Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City. 7. Licenses. Contractor represents and warrants to City that it holds the contractor's license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 9. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City's Risk Manager, the following insurance policies. Page 3 i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coveraqe. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. iv. Builder's Risk Coverage. Prior to the commencement of any construction of the Project, Contractor shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder's risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). V. Professional Liability Coverage. [Intentionally omitted]. b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insured with respect to liability Page 4 arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees, or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 10, Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 Page 5 If to Contractor: Hardy & Harper, Inc. Attn: Steve Kirschner 1312 E. Warner Ave. Santa Ana, CA 92705 11, Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 12, Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 17. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make Page 6 the following modifications to the Agreement: (a) a name change; (b) grant extensions of time, (c) non -monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The Director of Public Works shall act as the Project administrator on behalf of the City. 20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 22. Prevailing Wages. a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hour's laws will be enforced. C. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor, and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Page 7 Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. 23, Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: Attorney Attachment: Bidder's Proposal "CONTRACTOR" Hardy & Harper, Inc., a California corporation By: Its: By: Its: Page 9 ATTACHMENT'A' BIDDER'S PROPOSAL BIDDER'S PROPOSAL FY 2015-2016 RESIDENTIAL STREET REHABILITATION PROJECT - PHASE 2A Company: Hardy & Harper, Inc. Honorable Mayor Members of the Council: In accordance with the Notice Inviting Bids pertaining to the receiving of sealed proposals by the City Clerk of the City of Lake Elsinore for the above titled improvement, the undersigned hereby proposes to furnish all Work to be performed in accordance with the Specifications, Standard Drawings, and the Contract Documents, for the unit price or lump sum set forth in the following schedule: BID SCHEDULE A — LOCATIONS PER APPENDIX A Item No Sec No Description Quantity Units Unit Price ($) Total Bid ($} MOBILIZATION AND DEMOBILIZATION, 1 INCLUDING CONSTRUCTION 1 LS% t 0QO.00 ?WO -UD SCHEDULES (NOT TO EXCEED 5% OF TOTAL BID) ^ 2 INSTALL FULL WIDTH 1.5" AC PAVE=MENT 1,766 Tons $°�• ad 16%lgttx OVERLAY 3 _ CRACK SEALING AND WEED KILLING 1 LS )41000.00 j(a/OpO.Oo 4 PUBLIC NOTIFICATION 1 LS 7,606.LIO Z'400 -do REMOVE AND REPLACE EXISTING 5 PAVEMENT MARKINGS, LEGENDS, AND 1 LS Z 11 6 O<60 2 SUU OU PAVEMENT MARKERS IN KIND ✓ 6 CONSTRUCTION SURVEYING AND 1 LS )ISS p,0U 7 MONUMENT PRESERVATION ✓SaO.(>b 7 TRAFFIC CONTROL1 LS 8 CONDUCT 0"-1.5" VARIABLE DEPTH 22,168 SF Zf (� PAVEMENT EDGE GRIND 9 ADJUST WATER VALVE TO GRADE 16 EA lomo O 10 ADJUST SEWER MANHOLE TO GRADE 16 EA 1Wo0.......... O Q100 SCHEDULE A Total Bid: SCHEDULE A Total Bid: *BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS. (CONTINUED ON NEXT PAGE) C-2 The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore. The above unit prices include all work appurtenant to the various items as outlined in the Specifications and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern. l -he undersigned declares that it has carefully examined the Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon. Date: 7/22/15 Hardy & Harper, Inc Contractor By: Steve Kirschner Contractor's State License No.: 215952 Class: A C-8 C12 Address: 1312 B, Warner Ave., - Santa Ana, CA 92705 Phone: 714-444-1851 FAX: 714-444-2801 C-3 ACKNOWLEDGMENT OF ADDENDA RECEIVED, IF ANY: FY 2015-2016 RESIDENTIAL STREET REHABILITATION PROJECT - PHASE 2A The Bidder shall acknowledge the receipt of addenda by placing an " X' by each addendum received. Addendum No. 1 Addendum No. 2 0 Addendum No. 3 Addendum No. 4 It an addendum or addenda have been issued by the City and not noted above as being received by the Bidder, the Bid Proposal may be rejected. Bidders Signature Steve Kirschner - Vice President C-4 7,22,15 Date NON -COLLUSION AFFIDAVIT STATE OF CALIFORNIA SS COUNTY OF ) (NAME) _Steve Kirschner affiant being first duly sworn, deposes and says: That he or she is Vice President of (sole owner, partner or other proper title) Hardy & harper, Inc the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements Contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. (Public Contract Code Section 7106) Address: 1312 E. Warner Ave, Santa Ana, CA 92705 Telephone No.: 714-444-1851 print Signz Title: Vice President Date: 7/22/15 SIGNING INSTRUCTIONS TO THE CONTRACTOR Non -Collusion Affidavit must be accompanied by notary certificates for signature. Note the description of the document on the notary certificate. Attach notary certificate Immediately following this page. If the Bidder fails to property sign or omits the required signature, the bid will be considered non-responsive and will be rejected, C-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE On , July 28 2015 before me, JO -ANN LYONS NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the pe)-son(K) whose name(x) to/aha subscribed to the within instrument and acknowledged to me that he/she/tttey executed the same in his/her/their authorized capacity(iee), and that by his/her/their signature(s) on the instrument the person(R), or the entity upon behalf of which the person(x) acted, executed the instrument. JO -ANN LYONS Commission # 2023055 z ;.m Notary Public - California z Z ' e Orange County > My Comm. Expires May 3, 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS mil -hand and official seal. Signature Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Non -Collusion Affidavit Document Date: Jud 22 2015 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Ld Corporate Officer — Title(s): vire President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator L1 Other: Signer Is Representing: ------- Hardy & Harper, Inc. Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited El General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: "_':C(-4�+?'!f'��'�YJ.'>'4..<.KvIJt'.v'\.''..,`f$LJR.{52'14�T'Z'.�1.'•$.�S �v�Y+_`.�'—' '—'%rJ�J`i'�C�O�%�"Pic,'i'l0(-�+Kv`C%nf'{�v-fFAiv�':(JAY.I.p�[�'-�T+CJ•L=J�'�JY'{,"E���`Y 02014 National Notary Association • www.NatioiialNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 715907 BOND NO. HARHA-2052 BIDDER'S BOND FY 2015-2416 RESIDENTIAL STREET REHABILITATION PROJECT- PHASE 2A KNOW ALL MEN OR WOMEN BY THESE PRESENTS: That we Hardy & Harper, Inc. as PRINCIPAL, hereinafter referred to as "Contractor", and Fidelity and Deposit Company of Maryland a duly authorized corporate as "Surety," are held and firmly bound unto the City of Lake Elsinore in the penal sum of TEN PERCENT (10%). OF THE TOTAL AMOUNT OF THE BID of the Contractor above named, submitted by said Contractor to the City of Lake Elsinore for the work for said project entitled above, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City of Lake Elsinore to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firinly by these presents. In no case shall the liability of the surety hereunder exceed the amount of Ten Percent (10%) of Amount Bid THE CONDITION OF THIS OBLIGATION IS SUCH: That whereas the Contractor has submitted the above-mentioned Bid to the City of Lake Elsinore as aforesaid for the work for said project entitled above. NOW. THEREFORE, if the aforesaid Contractor is awarded the Contract and, within the time and manner required under the Contract documents, after the prescribed fornicate presented to hire or her for signature, enters into a written Agreement in the prescribed form and in accordance with the Contract documents, and files two bonds with the City of Lake Elsinore, one to guarantee faithful performance and the other to guarantee payment for labor and materials, in accordance with said Contract documents, and as required by law, and files the required insurance certificate(s) in accordance with said Contract documents, then this obligation shall be null and void; otherwise, it shall he and remain in full force and effect until execution of the Agreement or forfeiture pursuant to the Provisions of Sections 20172 and 20174 of the Public Contract Code. In the event suit is brought upon this bond by the City and judgment 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. (SIGNATURE PAGE FOLLOWS) C-6 BIDDER'S BOND SIGNATURE PAGE IN WITNESS WHEREOF=, we have hereunto set our hands and seals on this 24th day of July 2015 BIDDER: Contractor Name: Hedy & Harper, Inc Address: 1312 E. Warner Ave., Santa Ana, CA 92705 Telephone No.: 714-444-1851 Print Name: Steve Kirschner Title: Signature: Date: 2 CORPORATE SURETY: Fidelity and Deposit Company Name: Company of Maryland Address: 777 South_Fiqueroa Street Suite 3900 Los Angeles, CA 90017 Telephone No.: (213) 270-0600 Print Name: Dwight Reilly Title: e Signature:, Date: July 24, 2015 SIGNING INSTRUCTIONS TO THE CONTRACTOR Bidder's Bond must be accompanied by notary certificates for EACH signature. Note the description of the document on the notary certificate. Attach BOTH notary certificates Immediately following this page. Corporate Seal may be affixed hereto. The attorney-in-fact for corporate surety must be registered, as such, in at least one county in the State of California. Attach one original Power of Attorney immediately following the notary certificates. If the Bidder fails to properly sign or omits the required signatures, the bid will be considered non-responsive and wilt be rejected. C-7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ORANGE ) On July 28 2015 before me, JO -ANN LYONS NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(z) whose name(z) fs/aue subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/tbeir authorized capacity(Nn.), and that by his/her/their signature(s) on the instrument the person(a), or the entity upon behalf of which the person(x) 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. JO -ANN LYONS+ WITNESS hand and official seal. 777 Commission # 2023055 _ : m Notary Public - California z Z '' Orange County A Signature My Comm. Expires Mai, 2017 w Signature of Notary Pu)571`c Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: July 2.4 2015 Number of Pages: 2 Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kir5Qhner Crl Corporate Officer — Title(s):yca, PrasrAear ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper, Inc. Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Cl Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I I Other: Signer Is Representing: ©2014 National Notary Association • www.NationaiNetary.org • 1 -800 -LIS NOTARY (1-800-876-6827) ltem 55907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. _ State of California County of On _ July 24, 2015 before me, Susan Pugh Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/asX subscribed to the within instrument and acknowledged to me that he/A1HlkWexecuted the same in his/berAbeixauthorized capacityr as), and that by his/kxxY ieiRsignature(x) 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. SUSAN PUGH WITNESS my hand and official seal. COMMA2105405 N ;kyr-7 Notary Public -California p ORANGE COUNTY �- ''Mycomm. rxpims Apr29, 2019 � Signature `�J-f —�cdx�/.� (Seal) Susan Pugh =---� Bond No. HARHA-2052 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALI, MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSFP COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof mid axe hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Andrew WATERBURY and Arturo AYALA, all of Orange, California, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they bad been duly executed and aclmowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of May, A -D. 2014, ATTEST: BY Secretary Eric D. Barnes ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND pW1{t�, ern Ot10J�n :•``.GN!�.W':t)q'ryi % Dia` Vice President Thomas O. McClellan State of Maryland County of Baltimore On this 22nd day of May, A.D. 2014, before the subscriber, a Notary Public of the Slate of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that beisbe is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument we the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEILEOF, I have henamto set my hand and affixed my Official Seal the day and year 61st above written. \-O"hci�✓:.(/'.. �.� . ti. %uir-rte-/'11'�`���;�:� IIn IP1`� Comtaroe A Dunn, Notary Public My Commission Expires: July 14, 2019 POA -F 012-00798 LIST OF SUBCONTRACTORS The bidder is required to fill in the following blanks in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the Government Code of the State of California) and should familiarize itself with Sections 2-3 of the Standard Specifications. Name Under Which Subcontractor is Licensed: 09 (�AGIW fi License Number: Address of Office, Mill or Shop: 01E �1JQ V �G i i (l -a ALA Z 16S,_„_,__ Specific Description of Sub -Contract: and Bid Items of Work:_a(� Name Under Which Subcontractor is Licensed: iTM License Number: '�2 i Address of Office, MillorShop; F„V\IGJ✓YIPV�Q Wol A70, fa Ci (6),__ Specific Description of Sub Contract: and Bid Items of WorkV� Name Under Which Subcontractor is Licensed: I �S License Number. �' h/_ lqyd Address of Office, Mill or Shop: _137,0 �r_0 Specific Description of Sub -Contract: and Bid Items of Name Under Which Subcontractor is Licensed:e,..T____.__ License Number. . Lby i I t� Address of Office, Mill or Shop: 1 --K— Address Specific Description of Sub -Contract: and Bid Items of Subcontractors listed in accordance with the provisions of Section 2-3 must be properly licensed under the laws of the State of California for the type of work that they are to perform. Do not list aftemate subcontractors for the same work. C-8 REFERENCES Failure to demonstrate adequate experience may result in rejection of the bid. For all public agency projects with a similar scope of work which you have worked on (or are currently working on) in the past three (3) years, provide the following required information: 9. Name (Firm/Agency): _ Please see attachment "Ii' for references Address: _ Contact Person: Telephone No.: Title of Project: Project location: Date of Completion: Contract Amount: 2. Name (Firm/Agency): Address: �_-- _—_- --- --- Contact Person: _ Telephone No.: v Title of Project: Project Location: Date of Completion: _ Contract Amount: 3. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project. Project Location: Date of Completion: Contract Amount: C-9 4.Name, (Fi/mA\genov): Please �ee attachnient "IF for references /\dJnexy: Contact Person. Telephone No.. Title o{Project: Project Location: Date cfCompletion: Contract Amount: 5. Nu/ne(FinnlAgvnuy): Address: Contact Person: Telephone No.: _.. Title ofPnojoct::::: ProjottL000bnn: Date ofCompletion: Conti -act Amount: 0.Name (F{nn/Agaocy): ___---- Address: Contact Person: Telephone No.: � Title ofProject: Project Location: Date nfCompletion: Contract Amount. 7. Nxme(Finn6AOevm): Address: Contact Person: Telephone No.: Title ofProject: Project Location: Date ofCompletion: List any other projects (private, older than three (3) years, etc.) that may represent qualifying similar experience: 1. Name (Firm/Agency): Please see attachment "II" for references Address: ------ - -- ---- Contact Person_ Telephone No.: Title of Project: _ Project Location. Date of Completion: Contract Amount: 2. Name (Firm/Agency): Address: Contact Person: Telephone No-: Title of Project: _ Project Location: Date of Completion: Contract Amount: — 3. Name(Firm/Agency): Address: Contact Person: _ Telephone No.: _ Title of Project: _ Project Location: Date of Completion: Contract Amount: C-1 t ATTACHMENT H Page 1 of 2 PUBLIC WORKS REFRENCES 2013/2014 Owner/Agency Contact Project (Amount & Completion Date) City of Buena Park Wood Nousome Burnham Avenue Improvemnts 8150 Knott Avenue wnousome anbuenapark.com Schedule A Project (714) 562-3750 Buena Park, CA 90620 ST -969 $229,113 12/14 City of Cypress Dario Simoes, P.E. Street Rehabilitation & Overlay 5275 Orange Avenue (714) 229-6694 Project No. 123 Cypress, CA 90530 dsimoes(5�ci.cypress.caus $269,936 11/14 City of Tustin Eddy Jan, P.E. 2013-14 Roadway Rehab 300 Centennial Way (714) -573-3157 & Sidewalk Repair Project Tustin, CA 92780 ejanpandpen.com CIP 70001 $1,491,543 12/14 City of Palos Verdes Jack Rydell, P.E. FY 14/15 Street Resurfacing 340 Palos Verdes Dr West (310) 378-0383 Project NIB -14-07 Palos Verdes Estates, CA 90274 iackrvdell(a)caaprofessionals.com $1,187,987 12/14 City of Chino Hills Anne Dutrey, P.E. FY2013-14 Street Improve - 140000 City (909) 364-2760 ments Project No. S14001 Chino Hills, CA aduvreVo_chinohills. ora $918,965 11/14 City of Hesperia Dwaine Latimer, P.E. Street Improvements and 9700 Seventh Avenue (760) 947-1434 Main Street Bridge Rehab Hesperia, CA 92345 dlatimer cityofhespedams $1,184,570 01/15 County of Los Angeles Public Works Jose Pou, P.E, 124th Street ET, Al. 900 S Fremont Avenue (626) 458-2191 RDC0013372 Alhambra, CA 91803 1 ou0,dpw.1acountyaov $4,304,600 12/14 City of Riverside Steve Howard Arterial Streets Maintenance 3900 Main Street (951) 826-5708 $4,444,000.00 03/14 Riverside, CA 92552 showard(cDriversideca.gov Minor Streets Maintenance $1,543,000.00 04/14 Page 2 of 2 i` 201312014 County of Riverside Trai Nguyen Murrieta Hot Springs Road 3525 14th Street (951) 961-5363 $1,305,000.00 04/14 Riverside, CA 92501 Estelle & Grant Street Surfacing $838,000.00 03/14 Ctiy of Westminster Tuan Pham Brcokhurst Street 8200 Westminster Blvd. tpham(r7a.westminster-ca.gov $1,116,920.00 12/13 (714) 548-3456 Westminster, CA 92683 County of San Bernardino J.D. Gayman San Bernardino Ave. 825 East Third Street (909) 387-7924 $1,577,000.00 06/14 San Bernardino, CA 92415 JDGavmar(Mdpw.sbcounty.gov Wagon Train Road $202,000.00 05/14 Running Springs School $430,730.00 05/14 City of Pasadena Richard Yee Preventive Street Maintenance 100 N. Garfield Ave. (626) 744-4643 $1,558,717.00 06/14 Pasadena, CA 91109 City of Perris Brad Brophy Mapes Road/Gilmore Road 101 North "D" Street brad a(�trilakeconsultants.com $380,00.00 03/14 (951) 943-6504 Perris, CA 92570 City of La Mirada Gary Sanui Phase 3 Street Rehab 13700 La Mirada Blvd. gsanuiCa.cityoflamirada.orq $1,075,484.00 06/14 (562) 943-0131 La Mirada, CA 90638 CONTRACTOR INFORMATION Contractor's License No.: 215952 a. Date first obtained: 3/13/63 Class: A C -s C12 Expiration 12/31/15 b. Has License ever been suspended or revoked? No If yes, desciibe when and why: C. Any current claims against License or Bond? If yes, describe claims: WC Principals in Comnanv (List all — attach additional sheets if necessary): NAME TITLE LICENSE NO. (If Applicable) Fred T. Maas, Jr President, Treasurer 215952 Dan T. Maas CEO 215952 Steve Kirschner Vice President 215952 Kristen Paulino Secretary 215952 C-12 VIOLATIONS OF FEDERAL STATE OR LOCAL LAWS 1. Has your firm or its officers been assessed any penalties by an agency for noncompliance or violations of Federal, State or Local labor laws and/or business or licensing regulations within the past five (b) years relating to your construction projects? YES /@0 (circle one) Federal / State / Local (circle one) If "YES," identify and describe, (including agency and status): _ Have the penalties been paid? YES / NO (circle one) 2. Does your firm or its officers have any ongoing 'investigations by any public agency regarding violations of the State Labor Code, California Business and Professions Code or State Licensing Laws? YES Qq (circle one) Code/Laws: Section/Article: If "yes," identify and describe, (including agency and status): C-13 DISQUALIFICATION OR DEBARMENT Has your firm, any officer of your firm, or any employee who has a proprietary interest in your firm ever been disqualified, removed, or otherwise prevented from bidding on, performing work on, or completing a federal, state or local project because of a violation of law or a safety regulation? YES /Q (circle (circle one) If yes, provide the following information (if more than once, use separate sheets): Date: .__�. _ Entity: Location: Reason: Provide Status and any Supplemental Statement: Has your firm been reinstated by this entity? YES NO (circle one) G14 FY 2015-2016 RESIDENTIAL STREET REHABILITATION PROJECT - PHASE 2A STREET LOCATION LIST Name Length Width Area Clement St/Lakeshore-Broadway Broadway St/Clement-Machado Jessica St/Clement-Broadway Lauren Ct/Clement-end Broadway St/Clement-White Oak White Oak/Dryden-south end Dryden/40 feet so. of Lakeshore -White Oak Totals (to be field verified) 800 42 33,600 610 30 18,300 725 42 30,450 200 42 8,400 925 42 38,850 1,200 42 50,400 200 42 8,400 4,660 282 188,400 AGENDA COVER SHEET MEETING OF pct r I -I --ity Council I:J� Redevelopment Agency � Other DEPARTMENT: CONSENT: APPEAL El BUSINESS: RESOLUTION: ATTACUMENTS: I._ �l E a a a a a U- FOLL( 17 ORDINANCES a a a a a a a a a PUBLIC HEARING a a a a s a a a a a a a a a a r r a a a a a a t a a a a a a a a a a a a .. a r a 0 ■. r. r a a .. a ... a a a a a .... r a a a a a a a a a .. a a a a a a a. l a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a s a a a a a a a a a a r r a a a a a a t a a a a a a a a a a a a .. a r a 0 >/Submitted by:%/�. �c, � r,k Date: [/ Approved by: Department Head: Finance Director: Date: Date: City Manager: Date: CITY OF LAKE LSIIYOKE --` - DREAM EXTREME - REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: AUGUST 3, 2015 SUBJECT: Approval of Final Map 31920-12 Recommendations 1. Approve Final Map 31920-12 subject to the City Engineer's acceptance as being true and correct. 2. City Council authorize the City Clerk to sign the map and arrange for the recordation of Final Map 31920-12. 3. City Council authorize the City Manager to sign the subdivision agreement in such form as approved by the City Engineer and City Attorney to secure completion of the public improvements. Background The proposed Final Map 31920-12 consists of 12.9 acres, that includes 70 residential lots and a lettered landscaping lot in the Summerly project located west of Mission Trail and south of Hidden Trail. The proposed streets will be public, and the landscaping maintenance will be provided by the HOA. All future improvements have been secured through the agreement and posting of surety. Discussion Staff has reviewed the Final Map and determined that it is in substantial conformance to Tentative Tract Map No. 31920-1. Fiscal Impact Public improvements are to be constructed by the developer. The posted surety guarantees completion of the public improvements related to the subdivision map. Final Map 31920-12 August 11, 2015 Page 2 of 2 Prepared by.- Approved y: Approved by: Approved by: Attachment: Dina Purvis Senior Engineering Technician Jim Smith P.E. J Interim Public W rks Director Grant Yates City Manager Vicinity Map Final Map Index VICINITY MAP STEET 4 OF 7 SHEETS IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, S7ATF OF CALIFORNIA TRACT NO. 31920-12 BEING A SUBOINSION OF LOT IS OF TRACT N0. 31920-1 PER MAP PLED IN BOOK 394 OF MAPS, AT PACES 41 THROUGH 51, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA WILSON MIKAMI CORPORATION SCOTT M. WILSON L.S. 7434 INDEX SHEET - - - - - - - - - LOT 2 LOT 3 TRACT NO. 31920-1 TRACT NO. 31920-1 M.B. 394/41-51 M.B. 394/47-51 GRAPHIC SCALE ( IN PB[I ) LOT 14 TRACT N0, 31920-1 M.B. 394/41=51 \ EASEMENT NOTES. U INOICAIES AN EASEMENT FOK PERIC URTLY PURPOSES OFOICATEO TO ME CIN OF LANE ELSINORE YE SHEET 2 EOR 90NA EASE MPOSTR SEE DREF.T FPG OWNOARY, OASIS OF 9GRINCS, ARE NQYUMENT 10TF5 SEE SHEETS S - 7 TOO LOT DETAILS 5EE SNEET 7 FOR LINE ANO CURE TARES � TRACTLOT N0.31920-1 394/41-51 / i LOT 4 TRACT N0. 1920-1 M.B. 394/41-51 / SHEET 7 \B. 7 \ � x a aA \ \ LOT 5 TRACT N0. 31920-1 M.B. 394/41-5/ GRAPHIC SCALE ( IN PB[I ) LOT 14 TRACT N0, 31920-1 M.B. 394/41=51 \ EASEMENT NOTES. U INOICAIES AN EASEMENT FOK PERIC URTLY PURPOSES OFOICATEO TO ME CIN OF LANE ELSINORE YE SHEET 2 EOR 90NA EASE MPOSTR SEE DREF.T FPG OWNOARY, OASIS OF 9GRINCS, ARE NQYUMENT 10TF5 SEE SHEETS S - 7 TOO LOT DETAILS 5EE SNEET 7 FOR LINE ANO CURE TARES City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www lake-elsinore.org w 77",Text File File Number: ID# 15-715 Agenda Date: 8/11/2015 Version: 1 Status: Approval Final In Control: City Council File Type: Report Agenda Number: 6) City o/ Lake Elsinore Page 1 Printed on 8/6/2015 CITY OF LADE,LSINOI\E `v llRLAM 1XTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: AUGUST 3, 2015 SUBJECT: Approval of Final Map 31920-12 Recommendations 1. Approve Final Map 31920-12 subject to the City Engineer's acceptance as being true and correct. 2. City Council authorize the City Clerk to sign the map and arrange for the recordation of Final Map 31920-12. 3. City Council authorize the City Manager to sign the subdivision agreement in such form as approved by the City Engineer and City Attorney to secure completion of the public improvements. Background The proposed Final Map 31920-12 consists of 12.9 acres, that includes 70 residential lots and a lettered landscaping lot in the Summerly project located west of Mission Trail and south of Hidden Trail. The proposed streets will be public, and the landscaping maintenance will be provided by the HOA. All future improvements have been secured through the agreement and posting of surety. Discussion Staff has reviewed the Final Map and determined that it is in substantial conformance to Tentative Tract Map No. 31920-1. Fiscal Impact Public improvements are to be constructed by the developer. The posted surety guarantees completion of the public improvements related to the subdivision map. Final Map 31920-12 August 11, 2015 Page 2 of 2 Prepared by Approved by: Approved by: Attachment: Dina Purvis Senior Engineering Technician Jim Smith, P.E. Interim Public Works Director Grant Yates City Manager Vicinity Map Final Map Index VICINITY MAP IN THE CITY OF LAKE ELSINORE, TRACT BEING A SUBDIVISION OF LOT 13 OF TRA AT PAGES 41 THROUGH 51, INCLU WILSON MIKAMI CORPOR, r City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org I rs�k.(j311 \l�'�.:, Text File File Number: ID# 15-716 Agenda Date: 8/11/2015 Version: 1 Status: Approval Final In Control: City Council File Type: Report Agenda Number: 7) City of Lake Elsinore Page 1 Printed on 8/6/2015 AGENDA COVER SHEET MEETING OF WJ�� City Council 1�a Redevelopment Agency F-1 Other DEPARTMENT: CONSENT: FI APPEAL 1-71 BUSINESS: 2 cc_ S-nrP,( ci %j'l�fii�rT / Gam" /ten 'z rrt . RESOLUTION: F1 ORDINANCES [�] PUBLIC HEARING ATTACHMENTS:/�iS1SYvt r51� ( . Report emailed to Clerk FOLLOW Ul /I l Approved by: j Department Head: Date: Finance Director: Date: City Manager: Date: Submitted by: [k < Date: I �. Approved by: j Department Head: Date: Finance Director: Date: City Manager: Date: CITY OC ice, LADE ISINORE DREAM LXTREMEN REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: AUGUST 11, 2015 SUBJECT: Agreement for Contract Services (On -Call) for Annual Traffic Striping Maintenance Program — Protect No. Z10004 Recommendations Award Agreement for Contractor Services (On -Call) to J & S Striping Company, Inc. for the Annual Traffic Striping Maintenance Program. 2. Approve and authorize the City Manager to execute the Agreement in the annual amount not to exceed $175,000 to J & S Striping Company, Inc., based on unit prices for work performed, in substantially the form attached and in such final form as approved by the City Attorney. Background As a part of the regular street maintenance items, traffic striping is performed throughout the City. The work to be performed under this contract shall consist of painting traffic lanes, parking lanes, and thermoplastic directional arrows, crosswalks, and legends. All striping shall conform to Caltrans Standard Plans and Specifications. Discussion On June 9, 2015, the Request for Proposals was advertised on Planet Bids for the subject project in conformance with Public Contract Code bidding procedure requirements. Award Agreement for Annual Traffic Striping Maintenance Program August 11, 2015 Page 2 The following seven (7) bids were received from qualified contractors on July 13, 2015: Contractor Verified Bid 1. J & S Striping Company, Inc. $241,930 2. Superior Pavement Markings $273,170 3. Orange County Striping Service, Inc. $332,010 4. Chrisp Company $345,685 5. PCI $367,900 6. Cal Stripe, Inc. $509,290 7. Sterndahl Ent., Inc. $704,820 Following the bid opening, Staff reviewed and verified all bids for comparison and J & S Striping Company Inc. was determined to be the lowest responsive and responsible bidder. Bids were submitted based on estimated quantities for cost analysis only and not a reflection of contract amount. J & S currently provides similar services to other municipalities. The contractor has a valid license and a review of the contractor's references showed no issues with their work quality. Following City Council approval, the anticipated start date will be August 24, 2015. Fiscal Impact The Annual Traffic Striping Maintenance Program is included in the adopted FY 15/16 — 19/20 Capital Improvement Plan (CIP) budget and will be financed by Measure A (Fund 112). It is an annual unit price agreement renewable each year for up to two additional years based on performance. Prepared by: Rick De Santiago Public Works Superintendent Approved by Jim Smith , Interim Director of Public Works \l�� Approved by Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager Attachments: Agreement for Contractor Services (On -Call) AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL) J & S Striping Company, Inc. Annual Traffic Striping Maintenance Program, Project No. Z10004 This Agreement for Contractor Services (On -Call) (the "Agreement") is made and entered into as of August 11, 2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and J & S Striping Company Inc., a Corporation ("Contractor"). RECITALS A. The City has determined that it requires the following services: Citywide traffic striping maintenance in conformance with Caltrans Standards. B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated July 6, 2015, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services and related work as provided herein and Contractor desires to provide such services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour -a -day, 7 day -a -week, on-call support on an as needed basis. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work. b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's JS Striping OnCall Contract - Old Page 1 Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. C. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of Ten (10) Months, commencing on August 11, 2015 and ending on June 30, 2016. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed Two (2) additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City. 3. Compensation and Cost of Living Adiustment. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's compensation for the initial term exceed One Hundred Seventy Five Thousand Dollars ($175,000) without additional written authorization from the City. Compensation for any extended renewal term shall not exceed One Hundred Seventy Five Thousand Dollars ($175,000) annually, subject only to the cost of living adjustment as provided for herein below, without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. The compensation paid to Contractor may be adjusted on each July 1 following the first anniversary of the commencement of the term of this Agreement, provided that the request for cost of living adjustment shall be presented to the City no later than June 1 st of a particular year and, if approved by the City, will become effective on July 1st of that year. Any adjustment will be based on the Los Angeles -Riverside -Orange County Consumer Price Index (CPI) but in no event shall the price adjustment exceed five percent (5%). 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease Page 2 all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City 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 Contractor, 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 Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 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 Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any Page 3 magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 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. 8. 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. 9. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. Page 4 10. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 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 to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 14. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold Page 5 harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 15. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: Page 6 i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of 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. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 Page 7 If to Contractor: J & S Striping Company Inc. Attn: Robert Aragon 1544 s. Vineyard Ave Ontario, CA. 91761 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 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 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 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. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 26. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 27. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 28. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ('Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 29. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Page 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation "CONTRACTOR" J & S Striping Company Inc., a Corporation Contractor Grant Yates, City Manager By: Its: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Attachments: Exhibit A — Contractor's Proposal Page 10 EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A Exhibit A PROPOSER'S PROPOSAL AND OTHER DOCUMENTS Exhibit A PROPOSAL PROJECT NO. Z10004 ANNUAL TRAFFIC STRIPING MAINTENANCE PROGRAM FY 15/16 TO THE HONORABLE MAYOR AND CITY COUNCIL of the City of Lake Elsinore, California From (Proposer): J&S STRIPING COMPANY, INC This Proposal has been submitted to the'. Location: City Clerk, City of Lake Elsinore Mailing Location: City Clerk, City of Lake Elsinore 130 South Main Street 130 South Main Street Lake Elsinore, CA 92530 Lake Elsinore, CA 92530 Time: 2:00 p.m. Date: July 6, 2015 -Deleted - 3. In compliance with the Notice Inviting Proposals, the undersigned as Proposer hereby proposes to furnish all materials, equipment and all other labor and methods and do all things necessary for the proper construction and completion of the work, in strict and complete accord with the Agreement, Special Provisions (which includes the General Provisions and Technical Provisions), Plans, Specifications, and other Contract documents now on file in the Public Works Department of the City of Lake Elsinore at the prices set forth in the Proposal Schedule herein for the work generally described for the said project. 4. The undersigned as Proposer, hereby declares that he or she has carefully examined the location of the proposed work generally described above and is familiar with the Special Provisions, Plans, Specifications and local conditions at the place the work is to be done and also understands that all labor, materials and equipment to be furnished, shall be for the prices proposed, and that the undersigned has also checked figures set forth hereinafter in the Proposal Schedule and understands that neitherthe City of Lake Elsinore, or any officer or employee therefore will be responsible for any misunderstandings, errors or omissions on the part of the undersigned in submitting this Proposal. 5. The complete Contract includes all of the Contract documents as if set forth in full herein, to wit, the Agreement, any and all Contract Change Orders issued after the execution of the Agreement, any and all addenda issued prior to the opening of the Proposal, the Special Provisions, the Project Plans, the Standard Plans, the Standard Specifications, reference Specifications, the Notice Inviting Proposals, the Non - Collusion Affidavit, insurance, all of which are essential parts of this Contract. Exhibit A PROPOSAL PROJECT NO. Z10004 6.—Deleted- -Deleted- 8. In submitting proposal, the Proposer certifies to the City that he/she has trained his/her employees and subcontractors, if any, for Urban Runoff management and included sufficient sums in the proposal price to cover such costs of said training (Regional Water Quality Control Board Order No. R8-2002-0011, NPDES No. CAS 618033 (Municipal Separate Storm Sewer System NPDES Permit), Section XI.I). The Contractor is responsible for all clean up and payment of all fines levied as a result of any illegal discharge (as defined in said NPDES permit) occurring as a result of the Contractor's work and/or operations. 9. If the Proposer is making a change to the proposal prior to submission, the Proposer is to line through the existing script, add the revision, and initial. 10. -Deleted- 11. The Proposer shall set forth for each item of work, in clearly legible figures, an item price and a total for the item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the 'Total" column shall be the product of the unit price multiplied by the estimated quantity for the item. 12. In case of discrepancy between the unit price and the total set forth for the item, the unit price shall prevail, except however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or if it is omitted, or in the case of unit basis items, is the same amount as the entry in the "Total' column, or in the case of lump sum items, is not the same amount as the entry in the "Total" column, then the amount set forth in the "Total' column for the item shall prevail in accordance with the following: (a) As to the lump sum items, the amount set forth in the "Total" column shall be the same amount in the unit price column. Lump sum items are considered to be a unit of one. (b) As to unit basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. 13. The Proposer shall also set forth in clearly legible figures the 'Total Amount' in the spaces provided at the bottom of the Schedule. Exhibit A PROPOSAL PROJECT NO. Z10004 14. In case of discrepancy between the calculated sum of the "Total Cost' column and the number representing the cumulative total of the items, the calculated sum of the 'Total Cost' column shall prevail over the number representing the cumulative total of the items. 15. In submitting the Proposal, if the Proposer fails to provide or omits a cost for line item, then the Proposal will be considered non-responsive and will be rejected. 16. The City reserves the right to reject or accept a Proposal, or parts of the Proposal and to waive any irregularity or informality to the extent permitted by law. 17. In submitting the Proposal, the Proposer offers and agrees that if the Proposal is accepted, the work shall be guaranteed as to quality of workmanship and materials furnished, for a period of six months from the date of acceptance of the work by the City Council. 18. In submitting the Proposal, the Proposer is aware that this is a Public Works project requiring payments of prevailing wage rates, Certified Payrolls are required to be submitted weekly by the Contractor, subcontractor(s), and owner operators. Contract payments will be withheld for delinquent or inadequate Certified Payrolls (LC 1771.5). 19. In submitting the Proposal, the Proposer offers and agrees that if accepted, work shall be performed in accordance with the project Plans and Specifications, including all stipulations designed to meet diversified Federal Environmental, Architectural and related laws and regulations. 20. In submitting the Proposal, the Proposer offers and agrees to allow access to the work area, fiscal, payroll, materials, and other relevant Contract records. All relevant records shall be retained for at least three years or longer, as required by law, from the date of the Notice of Completion. 21. -Deleted- 22. In submitting the Proposal, the Proposer offers and agrees that if the proposal is accepted, the Contractor and subcontractor(s) shall comply with all laws, ordinances, and regulations applicable to the work. If the Contractor ascertains at any time that any of the requirements of the Contract are at variance with applicable law(s), ordinances, regulations, or building code requirements, he or she shall promptly notify the City of Lake Elsinore Public Works Department, and shall not proceed with the work in question, except at his or her own risk, until the Engineer has had an opportunity to determine the extent of the responsibility for the variance, and the appropriate corrective actions to be undertaken. 23. -Deleted - 9 Exhibit A PROPOSAL PROJECT NO. Z10004 24. The Contractor shall submit the "Non - Collusion Affidavit" with the Proposal. 25. RECEIPT OF TOTAL ADDENDA NO(S). 1 1 2 IS HEREBY ACKNOWLEDGED. PROPOSAL MAY BE REJECTED IF ANY ISSUED ADDENDA IS NOT ACKNOWLEDGED. 26. The Proposer J&S STRIPING COMPANY, INC (Contractors Name) is a CORPORATION (Individual, partnership, or corporation) If a corporation, incorporated under the laws of the State of__ CALIFORNIA If an individual, state individual's name. If a partnership, state names of all individuals, co-partners, composing the firm. If a corporation, state names of president, secretary, treasurer and chief executive officer thereof. If the Proposer fails to provide the requested information, the Proposal will be considered non-responsive and will be rejected. ROBERTARAGON- PRESIDENT SECRETARY TREASURER JUDY ARAGON - VICE PRESIDENT 27. In submitting this Proposal, the undersigned agrees to perform, with its own organization, work amounting to at least fifty percent (50%) of the amount except that any designated "specialty items" may be performed by subcontract and may be deducted from the amount before computing the amount of work required to be performed by the Contractor. If the Proposer, after computing the amount of work required, fails to meet at least fifty percent (50%) of the amount of work required with its own forces, the Proposal will be considered non-responsive and will be rejected with no further consideration, 28. The Proposer understands that if he or she fails to specify a subcontractor or if a proposer specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one half of one percent (0.5%) of the total Proposal, the proposer shall be deemed to have agreed to perform such portion himself or herself, and that he or she shall not be permitted to sublet or subcontract that portion of the work except as may be duly consented to by the City pursuant to the provisions of Section 4107, of the Public Contract Code (PCC 4106). 29. -Deleted - IU Exhibit A PROPOSAL PROJECT NO. Z10004 30. In compliance with the provisions of the Public Contract Code, Section 4104, the undersigned herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half of one percent (0.5%) of the prime Contractor's total proposal, or in the case of Proposals for the construction of streets, highways, including bridges, in excess of one-half of one percent (0.5%) of the prime Contractor's total Proposal or ten thousand dollars ($10,000), whichever is greater, and the portion of the work which will be done by each subcontractor. The Proposer shall not list more than one subcontractor for the same portion of work. All additional information required by the City regarding any subcontractor who the Proposer is required to list under the Provisions of Sections 4104 and 4107 of the Public Contract Code, other than the subcontractor's name and location (city) of business or State Contractor's License number, may be submitted by the Proposer up to 24 hours after the deadline time and date for receipt of Proposals. Failure to timely provide all required subcontractor information shall result in the Proposal being determined non-responsive. PROPOSAL PROJECT NO. Z10004 Exhibit A REQUIRED SUBCONTRACTORS INFORMATION 12 PROPOSAL PROJECT NO. Z10004 Exhibit A REQUIRED SUBCONTRACTORS INFORMATION 13 PROPOSAL PROJECT NO. Z10004 Exhibit A REQUIRED SUBCONTRACTORS INFORMATION Duplicate this form as necessaryto report proposer and all subcontractor(s) (DBEs and non -DBEs) information. 14 Exhibit A CITY OF LAKE ELSINORE PROPOSAL -SCHEDULE PROJECT NO. Z10004 ANNUAL TRAFFIC STRIPING MAINTENANCE PROGRAM FY 15/16 PROPOSER: J&S STRIPING COMPANY, INC (Contractor Name) PROPOSAL ITEMS AS FOLLOWS: ITEM ESTIMATED UNIT TOTAL NO CODE DESCRIPTION OF ITEMS QUANTITY PRICE COST (FIGURES) (FIGURES) 1 S 4" Center Line Yellow Caltrans Std Detail 1, 97,000 L.F. °' tit'%5D 4" Center Line White Caltrans Std Detail 8 O.oS 2 S 4" Solid Line White Caltrans Std Detail 278, L. F, 4" Solid Line Yellow Caltrans Std Detail 24 tore 3 S No Passing Zone — Two direction (No RPM) 130,000 L.F. O° . Caltrans Std Detail 21 O,t IS,2.or 4 S No Passing Zone — Two direction with RPM 10,000 L.F. °C Caltrans Std Detail 22 O. zi 5 S Bike Lane Line 6" Solid Line Caltrans Std, 28,000 L.F. a� Detail 39 0, 6 S 8" Solid Line Caltrans STD Detail 38A 20,000 L. F, O. �g Z bco M 7 S 8" Solid Line with RPM Caltrans STD 38 4,000 L. F. p 23 2000 Thermoplastic 12" Solid Line, White or 8 Yellow Crosswalk and Limit Line Caltrans 32,000 L.F. 2s 2 � 72 17JD STD Detail A24E t 9 4" Solid line w/ skip Yellow per Caltrans 15,000 L.F. 0.12 RC 1,So0 STD Detail 15 10 4" Solid line w/ skip Yellow and RPM 5,000 L.F. W Caltrans STD Detail 16 O. 2 > 11 Thermoplastic Pavement Marking Words 15,000 S.F $c - 2. q2,7 — Caltrans STD A24D, A24E 5o Thermoplastic Pavement Marking S'F 12 Symbols and Numerals Caltrans STD #rfl@�. 85 `� 250' A24C 5 poo 13 Thermoplastic Pavement Marking Arrows 25,000 S'F SS 2 Caltrans STD A24A, A24B z 71,230 TOTAL FOR ITEMS $ (Based on estimated quantities of items 1 through 13 241 t°13ogD 15-A NOTE: Exhibit A CITY OF LAKE ELSINORE PROPOSAL -SCHEDULE PROJECT NO. Z10004 ANNUAL TRAFFIC STRIPING MAINTENANCE PROGRAM FY 15/16 PROPOSER: J&S STRIPING COMPANY, INC (Contractor Name) a. The lowest responsible Proposer will be determined by comparing the cumulative total of all items (PCC 20103.8 b). b. The City has the discretion to select any or all Items for the Award of the Contract. c. The City reserves the right to add or subtract items by Contract Change Order at the prices proposed. Estimated quantities are for the purpose of comparison only, and payments will be made on a basis of actual measurement of work completed. The line item cost include, but not be limited to, sales tax and all other applicable taxes and fees. Codes: (D) Deduct (F) Final Pay Quantities (S) Specialty Item Units of Measurement: LF lineal foot SF square foot Total amount in WORDS for Items only (Based in Estimated Quantities of Items 1 through 13: IS -B Exhibit A PROPOSAL PROJECT NO. Z10004 PROPOSER'S SIGNATURE PAGE CONTRACTORS STATE LICENSE: Number: 538211 Classification(s): C32 Expiration Date: 08/31/2016 (Business & Professions Code 7028.15) FEDERAL IDENTIFICATION NO.: 95-3463575 PRESENT CITY BUSINESS LICENSE: Number: (Not required at time Proposal is submitted) Expiration Date: PROPOSER: J&S STRIPING COMPANY, INC (Contractor Name) ADDRESS: 1544 S. VINEYARD AVE, ONTARIO, CA 91761 TELEPHONE NUMBER(S): 909-947-8073 _ PRINT NAME: ROBERT ARAGON SIGNATU TITLE: PRESIDENT 1731.Tii7►_NTim SIGNATURE: DATE: 07/06/2015 TITLE: VICE PRESIDENT— DATE: 07/06/2015 SIGNING INSTRUCTIONS TO THE CONTRACTOR Signature Page must be accompanied by notary certificates for EACH signature. Note the description of the document on the notary certificate. Attach ALL notary certificates immediately following this page. General Partners must sign on behalf of the partnership. If the proposer fails to properly sign or omits required signatures, the proposal will be considered non-responsive and will be rejected. NOTE: Name on State Contractor License must agree with Proposer's name. 16 Exhibit A A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity -of that document. State of California County of ORANGE Subscribed and sworn to (or affirmed) before me on this day of JULY , 2015 , by ROBERT ARAGON 13th proved to me on the basis of satisfactory evidence to be the personN who appeared before me. 6A.a.Ih___ ___. JEFFREY RYAN LEE Commission M 1966023 Notary Public - California z Orange County n N Comm. Expires Jan 16. 2016 r (Seal) Signature Exhibit A A notarypublic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ---- _.._____..__.....__._.-__ State of California County of ORANGE Subscribed and sworn to (or affirmed) before me on this 13th day of JULY , 20 15 , by proved to me on the basis of satisfactory evidence to be the personwho appeared before me. JEFFREY RYAN LEE Commission N 1966623 [' Notary Public • California a Orange County !y Comm Expires Jan 16, 2016 (Seal) Signature PROPOSAL PROJECT NO. Z10004 Exhibit A NON -COLLUSION AFFIDAVIT PROJECT NO. Z10004 ANNUAL TRAFFIC STRIPING MAINTENANCE PROGRAM FY 15116 STATE OF CALIFORNIA ) ) SS COUNTY OF SANBERNARDINO) (NAME) ROBERT ARAGON affiant being first duly sworn, deposes and says: That he or she is PRESIDENT, SECRETARY, TREASURER of owner, partner or other proper J&S STRIPING COMPANY, INC the party making the foregoing Proposal (Contractor Name) that the Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from proposing; that the Proposer has not in any manner, directly or indirectly sought by agreement, communication, or conference with anyone to fix the price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the price, or of that of any other Proposer, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her price or any breakdown thereof, orthe contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Proposal. (Public Contract Code Section 7106) Address: 1544 S. VINEYARD AVE, ONTARIO, CA 91761 Telephone No.: 909-947-8073 Print Signature: ROBERT ARAGON Title: PRESIDENT Date: 07/06/2015 SIGNING INSTRUCTIONS TO THE CONTRACTOR Non -Collusion Affidavit must be accompanied by notary certificates for signature. Note the description of the document on the notary certificate. Attach notary certificate immediately following this page. If the Proposer fails to properly sign or omits the required signature, the proposal will be considered non-responsive and will be rejected. 17 Exhibit A A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE Subscribed and sworn to (or affirmed) before me on this 13th day of JULY , 20 15, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. JEFFREY RYAN LEE Commission # 1966823 '.x^` Notary Public • Ca8 ufrie z ji� Orange County n MV Comm. Expires Jan 16, 2016 (Seal) Signature Exhibit A PROPOSAL PROJECT NO. Z10004 MATERIALS WORKMANSHIP AND EQUIPMENT GUARANTEE To the City of lake Elsinore, The Proposer guarantees the installation of work for the City Wide Repainting of Traffic Striping and should any materials be defective within six months of which the work is accepted by the City, the Proposer does guarantee within fifteen (15) days upon receipt of demand by letter of the City to correct the deficiency. In the event of failure to perform, the City may take corrective action and the Proposer shall reimburse the City of needed repairs. Proposer: AS STRIPING COMPANY, INC Date: 07/06/2015 Title: PRESIDENT 18 Exhibit A LIST OF REFERENCES PROJECT NO. Z10004 ANNUAL TRAFFIC STRIPING MAINTENANCE PROGRAM FY 15/16 PROPOSER: J&S STRIPING COMPANY, INC (Contractor Name) REFERENCES Following are the names, addresses and telephone numbers for three (3) public agencies for which PROPOSER has performed similar work within the past two (2) years: 1. CITY OF TUSTIN ; 300 CENTENNIAL WAY, TUSTIN 92780 ame and Address of Agency KATY LEE ; 714-573-3177 Name, Title, and Telephone Number of Person Familiar with Project 268,951.18 ANNUAL MAINTENANCE Contract Amount Type of Work Date Completed 2, CITY OF CHINO; 5050 SCHAEFER AVE, CHINO 91710 Name and Address of Agency VINCE LEDESMA ; 909-917-2248 Name, Title, and Telephone Number of Person Familiar with Project 180,000.00 ANNUAL MAINTENANCE Contract Amount Type of Work Date Completed g CITY OF GARDEN GROVE :13802 NEWHOPE STREET, GARDEN GROVE 92843 Name and Address of Agency PEGGY SNYDER ; 714-741-5372 Name, Title, and Telephone Number of Person Familiar with Project 171,000.00 ANNUAL MAINTENANCE Contract Amount Type of Work Date Completed Note to Proposer: Prepared lists of projects completed may be included as a part of the Proposal, but will not be accepted in lieu of this form, completely filled out. 19 CI I1OP r LAKE LSl I`IOkE -,_ rarAn,, t.Xrrenrn. Exhibit A ADDENDUM NUMBER PROJECT: ANNUAL TRAFFIC STRIPING MAINTENANCE DATE: July 2, 2015 The following is an ADDENDUM to the contract documents for the above referenced project. 1. Deadline for Submitting RFP Extension: The deadline is extended by one week to July 13, 2015 Prospective bidders are required to acknowledge receipt of this addendum to the contract on the bid proposal form. For questions, please call Rick De Santiago at 951.674.3124 extension 291. Sincerely, Ken Rukavina Interim City Engineer 951b74.3124 130 S. MAIN $T!4GCL LAI'l ELS: gold, '.:A'US 36 \v&wuvL EISIN0It9.01kG 0 rY m LAKE C'?)LSINOKE DR@Ani L,:(T-mI w. Exhibit A ADDENDUM NO. 2 REQUEST FOR PROPOSALS ANNUAL TRAFFIC STRIPING MAINTENANCE PROGRAM JULY 9, 2015 Q1: Is there a Bid Bond Required? Al: NO Q2: If this is a maintenance/re-stripe contract, will one (1) or two (2) coats of paint be Required? A2: a) REPAINTING OF EXSISTING LINES OR MARKINGS WILL ONLY REQUIRE ONE (1) COAT OF PAINT b) PAINTING OF NEW LINES AND/OR MARKINGS WILL REQUIRE TWO (2) COATS OF PAINT Q3: I have found that the contract mentions layout, removals and curb markings but I Do not see line items for them. Should there be line items? A3: YES THERE SHOULD BE ADDITIONAL LINES ITEMS 14 LAYOUT OF MARKINGS PER 2.60- HOUR 2-(,o- (,o15 15 CURB PAINTING/MARKING (1 L.F. 25 25 COAT) ' 16 REMOVAL OF PAINTED L.F. J+ STRIPING 0.27 0,,177 17 REMOVAL OF THERMOPLASTIC L.F. STRIPING 0.27 0.27 18 REMOVAL OF PAINTED _ S.F. 0,$2 0.532 _ 19 ___MARKINGS REMOVAL OF THERMOPLASTIC MARKINGS _ _ S, F. 0 g2 _ 0,$2 Exhibit A Q4: Is there and exception to the required rapid set epoxy adhesive for the pavement Markers, such as hot melt bituminous adhesive? A4: YES, PROVIDED THE MATERIAL USED IS THE SAME AS or EQUIVALENT TO THE STATED RAPID SET EPDXY ADHESIVE Q6: Line item 2 seems low, is it accurate? A6: NO, THE ESTIMATED QUANTITY SHOULD BE CLOSER TO 103,000 L.F. Q7: Line item 12 seems like a high number of symbols and number markings, is it an Accurate number? A7: NO, THE ESTIMATED QUANTITY SHOULD BE CLOSER TO 5,000 S.F. CITY OF UAK L S N o RE �� [>IzznM� E,Krar:nnFti Exhibit A ADDENDUM NO. 2 REQUEST FOR PROPOSALS ANNUAL TRAFFIC STRIPING MAINTENANCE PROGRAM JULY 9, 2015 Q1: Is there a Bid Bond Required? Al: NO Q2: If this is a maintenance/re-stripe contract, will one (1) or two (2) coats of paint be Required? A2: a) REPAINTING OF EXSISTING LINES OR MARKINGS WILL ONLY REQUIRE ONE (1) COAT OF PAINT b) PAINTING OF NEW LINES AND/OR MARKINGS WILL REQUIRE TWO (2) COATS OF PAINT Q3: I have found that the contract mentions layout, removals and curb markings but 1 Do not see line items for them. Should there be line items? A3: YES THERE SHOULD BE ADDITIONAL LINES ITEMS 14 LAYOUT OF MARKINGS PER HOUR 2-6C>gR- 2 6o-* 15 CURB PAINTING/MARKING (1 I L.F. ZS _ COAT) 16 REMOVAL OF PAINTED L.F. STRIPING l 0.27 0,7-% 17 REMOVAL OF THERMOPLASTIC L.F. STRIPING_ O. REMOVAL OF PAINTED -- S.F. --�--- -- — MARKINGS 0,$2 Ci.82 19 REMOVAL OF THERMOPLASTIC S.F. MARKINGS _._.. _._..-. .._..._—� D. -.Z. ®,$Z Exhibit A Q4: Is there and exception to the required rapid set epoxy adhesive for the pavement Markers, such as hot melt bituminous adhesive? A4: YES, PROVIDED THE MATERIAL USED IS THE SAME AS or EQUIVALENT TO THE STATED RAPID SET EPDXY ADHESIVE Q6: Line item 2 seems low, is it accurate? A6: NO, THE ESTIMATED QUANTITY SHOULD BE CLOSER TO 103,000 L.F. Q7: Line item 12 seems like a high number of symbols and number markings, is it an Accurate number? A7: NO, THE ESTIMATED QUANTITY SHOULD BE CLOSER TO 5,000 S.F. CITY OP iT-N LADE 9 LSINOFJE REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: AUGUST 11, 2015 SUBJECT: Award Construction Contract to AToM Engineering 1-15/Franklin Street Overcrossing and Overcrossing, CIP Prosect No. Z30005 Recommendation 1. Approve and award the Agreement for Public Works Construction to AToM Engineering Construction, Inc. in the amount of $246,398 for the Interstate 15 at Franklin Street Overcrossing and Nichols Road Overcrossing Project, and authorize the City Manager to execute the Agreement in substantially the form attached and in such final form as approved by the City Attorney. 2. Authorize the City Manager to execute contract change orders not to exceed 15% of the total Agreement, pursuant to requirements set forth in the construction agreement. 3. Authorize the Director of Public Works to record the Notice of Completion once it is determined the work is complete and the improvements are accepted. Background/Discussion The planned improvements include furnishing and installing two freeway monument signs. Contractor bids were solicited and procured formally through Planet Bids. One bid was received and opened publicly on August 3, 2015. AToM Engineering Construction, Inc. August 11, 2015 Page 2 The bid by AToM Engineering is summarized below: Contractor (Bidder) Bid Amount 1. AToM Engineering Construction, Inc. $246,398.00 After checking references, staff examined recent construction projects [hal. were successfully completed with other agencies. It was determined that the City Council should accept the bid submitted by AToM Engineering Construction, Inc. The materials available for inspection are adequate for City staff to support a recommendation that the bid is responsive in the context of completing the project as specified. Fiscal Impact Sufficient funds have been allocated in the Capital Improvement Plan budget for the Project and will be funded by 1) General Projects Fund (Fund 105) and 2) an Escrow Account set up pursuant to the Development Agreement dated February 10, 2015, by and between the City of Lake Elsinore and Mohr Affinity, LLC (Outlet Center). Prepared by: Deepak Solanki Consultant Project Manager Approved by: Jim Smith, P.E. Interim Director of Public Works Approved by: Jason Simpson Director Administrative Services Department Approved by: Grant Yates, City Manager Attachments: City Entry Monument Signs Agreement for Public Works Construction EXHIBIT A 2/15-5/15 Inland Empire Utilities Agency 336 - CCWRF Lagoon Rip -Rap Retrofit $ 51,398.00 6075 "A" Kimball Ave Chino, CA 91710 Matthew Poeske 909-573-6188 4/15-6/15 Olivenhain Municipal Water District Thornton Pump Station Pipeline Relocation $ 137,398.00 1966 Oiivenhain Rd Encinitas, CA 92024 Paul Mochel 760-753-6466 TOTAL $ 6,379,190.24 EXHIBIT A 5/14-6/14 City of Poway 10/14-5/15 Rancho California Water Dist 332 - Los Caballos PRS $ 349,943.00 42135 Winchester Rd. Temecula, CA. 92590 Heath McMahon 951-296-6900 12/14-6/15 Inland Empire Utilities Agency 333 - Replacement of Check Valves $ 67,398.00 6075 Kimball Ave Chino, CA 91708 John Scherck 909-993-1600 2/15-3/15 City of Poway 334 - Parkway Retaining Wall $ 12,398.00 PO Box 789 Poway, CA 92074 Diane Mann 858-668-4704 0 327 Directional Sign Replacement $ 10,398.00 13325 Civic Center Dr. Poway, CA, 92064 Pam Gravel 858-668-4702 5/14-8-14 Ramona Municipal Water District 328 Poway PS Conduit $ 240,398.00 105 Earlham St. Ramona, CA. 92065 Ricardo Soto 760-788-2260 7/14-10/14 City of Oceanside 329 Golf Course Lift Station $ 154,398.00 300 N. Coast Hwy. Oceanside, CA. 92054 Shawnele Morelos 760-547-1956 10/14-2/15 State of California Dept. of Parks & Recreation $ 162,398.00 330 - Carlsbad Electrical Upgrade 4477 Pacific Hwy, San Diego, CA. 32110 Casey Wear 619.688.3336 6/14-6/14 City of Palm Desert 331 - Aquatic Center Conduit $ 23,962.00 73510 Fred Waring Dr. Palm Desert, CA. 92260 Ryan Stendell 760-346-0611 10/14-5/15 Rancho California Water Dist 332 - Los Caballos PRS $ 349,943.00 42135 Winchester Rd. Temecula, CA. 92590 Heath McMahon 951-296-6900 12/14-6/15 Inland Empire Utilities Agency 333 - Replacement of Check Valves $ 67,398.00 6075 Kimball Ave Chino, CA 91708 John Scherck 909-993-1600 2/15-3/15 City of Poway 334 - Parkway Retaining Wall $ 12,398.00 PO Box 789 Poway, CA 92074 Diane Mann 858-668-4704 0 BXIIIBIT A 7/13-9/13 State of California - CALTRANS 318 Minor B Concrete Wingwall $ 76,398.00 1727 30th St. Sacramento, CA. 95816 Dianne Morris 916-227-6076 7/13-10/13 City of Rancho Cucamonga 319 Central Park Pavilion $ 217,398.00 10500 Civic Center Dr. Rancho Cucamonga, CA. 91730 Karen Emery -McGuire 909-477-2740 7/13-8/13 Fallbrook Union High School District 320 Fallbrook HS Fencing $ 109,937.00 2234 S. Stage Coach Ln. Fallbrook, CA, 92028 Sheila Duncan 760-723-6332 8/13-11/13 Elsinore Valley MWD 321 Gafford Tank Erosion Repair $ 175,398.00 31315 Chaney St. Lake Elsinore, CA. 92530 Gayle Malone 951-674-3146 11/13-12-13 City of Riverside 322 North Park Pergola Restoration $ 54,398.00 3900 Main St. Riverside, CA. 92501 Chris Scully 951-826-5967 10/13-5/14 Southeastern California Conference 323 Pine Springs Ranch $ 75,000.00 11330 Pierce St. Riverside, CA. 92505 Fritz Wuttke 951-659-3173 1/14-2/14 City of Poway 324 Reservoir Safety Modifications $ 70,398.00 13325 Civic Center Dr. Poway, CA. 92064 Melody Rocco 858-668-4622 1/14-2/14 City of Fullerton 325 Altura Drive Storm Drain $ 85,962.00 303 W. Commonwealth Ave. Fullerton, CA. 92832 Kevin Kwak 714-738-6865 3/14-7/14 City of Oceanside 326 St. Malo Sewer Force Main $ 147,398.00 300 N. Coast Hwy. Oceanside, CA. 92054 Amy Czajkowski 760-518-6266 3 EXHIBIT' A 11/12-12/13 City of Glendora 309 Well 14 Pump House $ 116 E, Foothill Blvd. Glendora, CA. 91741 Jason Roehrborn 626-914-8253 9/12-1/13 Metropolitan Water District 310 Inland Feeder PC -1 $ Storage Tank Installation 700 N. Alameda St. Los Angeles, CA, 90012 Janice Richardson 213-217-6000 10/12-12/12 Indio Water Authority 311 Plant 3 Altitude Valve Retrofit $ 83101 Ave. 45 Indio, CA. 92201 David Merrell 760-625-1819 3/13-6/13 State of California Dept. of Parks & Recreation $ 312 San Elijo Lifeguard Tower 4477 Pacific Hwy. San Diego, CA. 32110 Casey Wear 619-688-3336 3/13-5/13 Inland Empire Utilities Agency 313 IERCF Process Improvement Amendment Hopper $ 6075 Kimball Ave. Chino, CA. 91710 909-993-1600 Jeff Zeigenbein 5/13-6/13 City of Palm Desert 314 Left Turn Pocket 73510 Fred Waring Dr. Palm Desert, CA. 92260 Joel Montalvo 760-346-0611 5/13-8/13 Los Angeles Co. Sanitation Dist. 315 Puente Hills Liquids Handling 1955 Workman Mill Rd. Whittier, CA, 90601 5/13-6/13 City of Hermosa Beach 316 Protective Bollards at Pier Plaza 1315 Valley Dr. Hermosa Beach, CA. 90254 Chris McNary 714-920-6904 4/13-5/13 State of California Dept. of Parks & Recreation 317 San Clemente Beach Paving 3030 Avenida del Presidents San Clemente, CA. 92672 Jennifer Tustison 949-366-4888 2 0 OR i 98,398.00 50, 398.00 39,398.00 29,398.00 60,398.00 157,398.00 85, 962.00 25,962.00 EXHIBIT A AToM Engineering Construction, Inc DATE OWNERMOB TOTAL CONTRACT 9/11-11/11 City of San Clemente 301 Acapulco Canyon Outlet Rehabilitation $ 56,697,32 910 Calle Negocio San Clemente, CA. 92673 949-361-6154 Gregory Deist 9/11-2/12 South Orange County Community College District 302 Main Electrical Room Site Drainage $ 175,724.30 28000 Marguerite Pkwy. Mission Viejo, CA. 92692 949-261-5100 David McGlothlin (C.W. Driver) 11/11-5/12 Inland Empire Utilities Agency 303 IERCF Process Improvement Amendment Hopper $ 285,728.12 6075 Kimball Ave. Chino, CA. 91710 909-993-1600 Mark Peterson 1/12-7/12 City of San Clemente 304 Max Berg Plaza Park $ 696,267.50 910 Calle Negooio San Clemente, CA. 92673 949-361-6132 Gary Voborsky 2/12-2/13 Casitas Municipal Water Dist 305 Fairview Pump Plant Electrical $ 104,398.00 1055 Ventura Ave. Oak View, CA. 93022 805-649-2251 Todd Evans 3/12-4/12 Orange County Parks 306 OC Shade Shelters $ 107,398.00 333 W. Santa Ana Blvd. Santa Ana, CA. 92701 Karen Chieng 949-585-6454 4/12-8/12 City of San Clemente 307 Toluca Storm Drain $ 21,503.00 910 Calle Negocio San Clemente, CA. 92673 949-361-6154 Gregory Deist 6/12-1/13 Rancho California Water Dist 308 Glen Oaks & De Anza PRY $ 498,398.00 42135 Winchester Rd. Temecula, CA. 92590 Heath McMahon 951-296-6900 ATTACHMENT"A" EXHIBIT A SECTION D - CONTRACT DOCUMENTS D-1 EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. 230005 DISQUALIFICATION OR DEBARMENT CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIB NO. (CIP PROJECT NO, Z30005) Has your firm, any officer of your firm, or any employee who has a proprietary interest in your firm ever been disqualified, removed, or otherwise prevented from bidding on, performing work on, or completing a federal, state or local project because of a violation of law or a safety regulation? YE/ NO�Circle one) If yes, provide the following information (if more than once, use separate sheets): Date: N (Q-- Entity: Location: Reason: Provide Status and any Supplemental Statement: NA Has your firm been reinstatedrbgy this entity? YES NO ircle one) H C-15 2. EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. Z30005 VIOLATIONS OF FEDERAL STATE OR LOCAL LAWS CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIB NO. (CIP PROJECT NO. Z30005) Has your firm or its officers been assessed any penalties by an agency for noncompliance or violations of Federal, State or Local labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects? YESNO (circle one) Federal / State / Local (circle one) If "YES," identify and describe, (including agency and status): N A - Have the penalties been paid? YES / NOa circle one) Does your firm or its officers have any ongoing investigations by any public agency regarding violations of the State Labor Code, California Business and Professions Code or State Licensing Laws? YES NO circle one) Code/Laws: Section/Article: If "yes," identify and describe, (including agency and status): YA �- C-14 EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. Z30005 CONTRACTOR INFORMATION CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIB NO. (CIP PROJECT NO, 230005) Contractor's License No.: �f tP� Class: a. Date first obtained: �� a► ) (I Expiration 1 2 b L) b. Has License ever been suspended or revoked? NZ If yes, describe when and why: c. Any current claims against License or Bond? If yes, describe claims: N P Principals in Company (List all — attach additional sheets if necessary): NAME TITLE LICENSE NO. (If Applicable) C-13 tF- EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. 230005 List any other projects (private, older than three (3) years, etc.) that may represent qualifying similar experience: 1. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 2. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 3. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: C-12 EXHIBIT A CITY OF LAKE ELSINORE CIP Project No, Z30005 4. Name (Firm/Agency): _ Address: _ Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 5. Name (Firm/Agency): Address: _ Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: _ Contract Amount: 6. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 7. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: C-11 EXHIBIT A CITY OF LAKE ELSINORE CIP Project No, Z30005 CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIB NO. (CIP PROJECT NO. 230005) Failure to demonstrate adequate experience may result in rejection of the bid For all public agency projects with a similar scope of work which you have worked on (or are currently working on) in the past three (3) years, provide the following required information: NameFirm/A enc tt ( 9 Y) � �� (�-�(� n 1. m.o �� Address: Contact Person: Telephone No.: Title of Project: Project Location:_ Date of Completion: Contract Amount: 2. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 3. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: C-10 EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. 230005 LIST OF SUBCONTRACTORS CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIB NO. (CIP PROJECT NO. Z30005) The bidder is required to fill in the following blanks in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the Government Code of the State of California) and should familiarize itself with Sections 2-3 of the Standard Specifications. Name Under Which Subcontractor is Licensed: W.12.ti l'r %yc'o'Cw9 License Number: Address of Office, Mill or Shop: 133% Lao Specific Description of Sub -Contract: and Bid Items of Work: k ,y\& I Name Under Which Subcontractor is Licensed: License Number: Address of Office, Mill or Shop: Specific Description of Sub -Contract: and Bid Items of Work Name Under Which Subcontractor is Licensed: License Number: Address of Office, Mill or Shop: Specific Description of Sub -Contract: and Bid Items of Work: Name Under Which Subcontractor is Licensed: License Number: Address of Office, Mill or Shop: Specific Description of Sub -Contract: and Bid Items of Work: Subcontractors listed in accordance with the provisions of Section 2-3 must be properly licensed under the laws of the State of California for the type of work that they are to perform. Do not list alternate subcontractors for the same work. C-9 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645-2402 1 Fax: (309)689-2036 Know All Men by These Presents: liA1llll11 A POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Mark D. Iatarola Michelle M Basuil, John Maloney Helen Maloney, iointly or severally in the City of Escondido , State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a hue and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 3rd day of .Tune, 2015, G�AHor' LI RInsurance Company GN 00", .... 1A's'• oo�JF`PNCE CCq"•., m° •' '• oy ; ;z5, •.?r�; Contractors Bonding and Insurance Company Pon,y'. SEAL -:1 = t•. SEAL.: State of Illinois) Roy C. Die Vice President J} SS �l, lrvo�s 24t(NO%So County of Peoria CERTIFICATE On this 3rd day of June 1 2015 before me, a Notary Public, personally appeared Roy C. Die , who being by me duly sworn, acknowledged that Ire signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof; I have hereunto set my hand and the seal of the RLI Insurance Comppanyy and/or Contractors Bonding and Insurance Company this 30'CH day of JULY 2015. —gP,.<,.c.. . RLI Insurance Company M. Bockler Notary Public Contractors Bonding and Insurance Company E z;-camzzraz"OFFICIAL SEAL" Roy C. Die Vioo President APpfl'L PnACQUEHNE M. ROCKIERcorartnueau)COMM1IISSION EXPIRES Di1P".SIJZRLYYYYYYY��������rw 0456693020212 A0059115 EXHIBIT A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of F9aP1111 MCIN On 7/30/2015 before me, MICHELLE M. BASUIL, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared JOHN MALONEY Name(s) of Signer(e) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) Were subscribed to the within instrument and acknowledged to me that he/sheMiey executed the same in his/her -;t heir authorized capacity(1ee), and that by his/4erFtfieix signature(&) on the instrument the person(, 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. MICHELLE M. BASUIL 1. COMM # 2034911 Z SAN DIEGO COUNTY Signature n NOTARY PUBLIC -CALIFORNIA Z Signature of Notary Public e MY COMMISSION EXPIRES AUG. 24, 201 7 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: - Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: JOUN MALONEY ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual XI Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: Signer's Name: CI Corporate Officer — Title(s): F1 Partner — I-] Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee GI Guardian or Conservator fl Other: Signer Is Representing: ©2014 National Notary Association • www.Nationa[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBI'1 A CITY OF LAKE ELSINORE CIP Project No. 230005 BIDDER'S SOND SIGNATURE PAGE CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 16 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIG NO. (CIF PROJECT NO. Z 30006) IN WITNESS WHEREOF, we have hereunto Set our hands and seals on this 30TH day of JULY 2015 BIDDER: ATOM ENGINEERING Contractor Name: CONSTRUCTION, INC. Address: 40410 VISTA ROAD HEMET, CA 92544 Telephone No.: 951/766-2806 Print Name: 1�ksCfA�-a��.G_____ Title: S Signature: Date: _ JULY 30, 2015 CORPORATE SURETY: CONTRACTORS BONDING Company Name: AND INSURANCE COMPANY Address: 111 PACIFICA, SUITE 350 CA 92618 Telephone No.: 949/341-9169 Print Name; JOHN MALONEY Title: ATTORNEY-IN-FACT Signature: Date: JULY 30, 2015 SIGNING INSTRUCTIONS TO THE CONTRACTOR Bidder's Bond must be accompanied by notary certificates for EACH signature. Note the description of the document on the notary certificate. Attach BOTH notary certificates immediately following this page. Corporate Seal may be affixed hereto. The attorney-in-fact for corporate surety must be registered, as such, in at least one county in the State of California. Attach one original Power of Attorney immediately following the notary certificates. If the Bidder falls to properly sign or ornits the required signatures, the bid will be considered non-responsive and will be rejected. C-8 EXHIBIT A CITY OF LAKE_ ELSINORE CiP Project No. 230005 BOND NO. ------- BIDDER'S BOND CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIS NO. (CIP PROJECT NO. ?_30005) KNOW ALL MEN OR WOMEN BY THESE PRESENTS: That we ATOM ENGINEERING CONSTRUCTION, INC. _ as PRINCIPAL, hereinafter referred to as "Contractor", and CONTRACTORS BONDING AND INSURANCE COMPANY a duly authorized corporate as "Surety," are held and firmly bound unto the City of Lake Elsinore in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Contractor above named, submitted by said Contractor to the City of Lake Elsinore for the work for said project entitled above, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City of Lake Elsinore to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents, In no case shall the liability of the surety hereunder exceed the amount of TEN PERCENT OF GREATER AMOUNT BID THE CONDITION OF THIS OBLIGATION IS SUCH: That whereas the Contractor has submitted the above-mentioned Bid to the City of Lake Elsinore as aforesaid for the work for said project entitled above. NOW, THEREFORE, If the aforesaid Contractor is awarded the Contract and, within the time and manner required under the Contract documents, atter the prescribed forms are presented to him or her for signature, enters into a written Agreement in the prescribed form and in accordance with the Contract documents, and riles two bonds with the City of Lake Elsinore, one to guarantee faithful performance and the other to guarantee payment for labor and materials, in accordance with said Contract documents, and as required by law, and files the required insurance certificate(s) In accordance with said Contract documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect until execution of the Agreement or forfeiture pursuant to the Provisions of Sections 20172 and 20174 of the Public Contract Code. In the event suit is brought upon this bond by the City and judgment 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. (SIGNATURE PAGE FOLLOWS) EXHIBIT A b,xtI113II A ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside } On 7/30/15 before me, Laura Lee Marin, Notary Public oro fnse—{r name an3u pd of ilio aitrcer personally appeared Larry Boyer who proved to me on the basis of satisfactory evidence to be the person(s) whose names) Is re subscribed to the within instrument and acknowledged to me that <E she/they executed the same in Is er/their authorized capacity(ies), and that by Is er/their signature(&) 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. 4r °mm` LAURA LEE MARIN WITNESS my hand and official seal. ,_ p, Commission No.2101934 / NOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY My comm. Expires MARCH 2,201 Sr C AaPublic Sig tun (Notary Public Seal) OF THE ATTACHED DOCUMENT Non -Collusion Affidatvit (Title or description of attached document) (Title 0rdes-miptio —of attached dcount entcontinued) Vumber of Pages _1_ Document Date 7/30/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) O Corporate Officer Secretor (I lite) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryCtasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING PAIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknohvedgents firom other states maybe completed for documents beingsent to that state so long as fire wording does not require the California notary to violate California sorely lmv. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Dale of notarization must be the date that the signer(s) personally appeared which most also be the same date the acknowledgment is completed. • The notary public trust print his or her name as it appears within his or her co tmassion followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural fonts by crossing off incorrect forms (i.e. he/she/dray,- is /ere ) or circling the correct fomes. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible Impression must not cover test or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. -e Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (io, Cf,(), CPQ Secretary). • Securely attach this document to the signed document with a staple. h:Xl-llBI FA CITY OF LAKE ELSINORE CIP Project No. Z30005 NON -COLLUSION AFFIDAVIT CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIB NO. (CIP PROJECT NO. Z30005) STATE OF CALIFORNIA ) SS COUNTY OF`�are5t(�e ) first deposes and says: That ie rsh-e is of Amort Engineering Cons(sole ow r, partner or other proper title) tcuctton, Inc, the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. (Public Contract Code Section 7106) Address: Telephone No.: Print Nam Signature: Title: Q'P Date: 7 Lo 11_fq Non -Collusion Affidavit must be accompanied by notary certificates for signature. Note the description of the document on the notary certificate. Attach notary certificate immediately following this page. If the Bidder fails to properly sign or omits the required signature, the bid will be considered non-responsive and will be rejected. C-6 EXI-IIBIT A CITY OF LAKE ELSINORE CIP Project No. Z30005 ACKNOWLEDGMENT OF ADDENDA RECEIVED CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIB NO. - (CIP PROJECT NO, Z30005) The Bidder shall acknowledge the receipt of addenda by placing an "X" by each addendum received. Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 If an addendum or addenda have been issued by the City and not noted above as being received by the Bidder, the Bid Proposal may be rejected. . Bidde s Signature C-5 LAH11311 A CITY OF LAKE ELSINORE CIP Project No. Z30005 The above unit prices include all work appurtenant to the various items as outlined in the Specifications and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern. The undersigned declares that it has carefully examined the Plans, Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon. Wi=n iaiuC. Date: 1%�11 __.. By Contractor's State License No.: Class: Department of Industrial Relations Registration No: 1 Domc) Registration Date: L1k,01 Expiration Date: LPI SOL p Address: Phone: FAX: S 1 Lo S 3 C-4 EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. Z30005 M ESTIMATED UNIT _ F DESCRIPTION OF ITEMS UNIT QUANTITY PRICE AMOUNT F) FURNISH AND INSTALL LASER CUT STEEL SQ FT 450 LETTERING/GRAPHICS _ 15 TYPE 7 CHAIN LINK RAILING SQ FT 500 j - � GBILIZATION AND DEMOBILIZATION 16 INCLUDING CONSTRUCTION SCHEDULES LS 1 NOT TO EXCEED 5% OF TOTAL BID (�jo I3 Total Bid Price — Schedule B (Based on estimated quantities of Items 9 through 16 195 1 11SU • co Grand Total Bid Price — Schedule A + Schedule B a4� 31z. Lo Note: Estimated quantities are for the purpose of Bid comparison only; payments will be made on the basis of actual measurement of Work completed, except for lump sum (LS) and final pay (F) quantities. (S) denotes a specialty item. The Bid Price shall include, but not be limited to, sales tax and all other applicable taxes and fees. SCHEDULE A Total Bid: 19,0t g t a. o� (Figures*) SCHEDULE A Total Bid: SCHEDULE B Total Bid: _ IaG 4,90 cep (Figured SCHEDULE B Total Bid: GRAND TOTAL (SCHEDULES A + B) Total Bid: GRAND TOTAL (SCHEDULE A + B) Total Bid: *BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS. Project construction is within the jurisdiction of the State of California, Department of Transportation (Caltrans) and all work shall conform to the requirements of the Caltrans Encroachment Permit conditions. The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore. C-3 EXHII3IT A CITY OF LAKE ELSINORE CIP Project No, Z30005 BIDDER'S PROPOSAL CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIB NO. (CIP PROJECT NO. Z30005) Company: ATOM Engineering Construction, Inc. Honorable Mayor Members of the Council: In accordance with the Notice Inviting Bids pertaining to the receiving of sealed proposals by the City Clerk of the City of Lake Elsinore for the above titled improvement, the undersigned hereby proposes to furnish all Work to be performed in accordance with the Specifications, Standard Drawings, and the Contract Documents, for the unit price or lump sum set forth in the following schedule: Time of Completion: Forty (40) Working Days from Issuance of Notice to Proceed (NTP) by City to Contractor. BID SCHEDULE A - FRANKLIN STREET OVERCROSSING ITEM TRAFFIC CONTROL SYSTEM LS ESTIMATED UNIT Lk'j NO. DESCRIPTION OF ITEMS UNIT QUANTITY PRICE AMOUNT 1 TRAFFIC CONTROL SYSTEM LS 1 wo 2 REMOVE EXISTING CHAIN LINK RAILING LF 60 L 3 INSTALL TEMPORARY FENCE LF 60-- 4 WATER POLLUTION CONTROL PROGRAM LS 1 7 2,C.") 5 (F) FURNISH AND INSTALL STEEL FRAMING - SQ FT 675 VARIOUS SIZING ap 6 (F) FURNISH AND INSTALL LASER CUT STEEL SQ FT 450 { LETTERING/GRAPHICS '�5''i 7 TYPE 7 CHAIN LINK RAILING SQ FT 500 8 MOBILIZATION AND DEMOBILIZATION INCLUDING CONSTRUCTION LS 1 SCHEDULES NOT TO EXCEED 5% OF TOTAL BID Total Bid Price — Schedule A,,.- (Based on estimated quantities of Items 1 through 8) BID SCHEDULE B - NICHOLS ROAD OVERCROSSING 9 TRAFFIC CONTROL SYSTEM LS 1 Lk \k h- Lk'j 10 REMOVE EXISTING CHAIN LINK RAILING LF 60 Ld Z- 11 INSTALL TEMPORARY FENCE LF 60 wo 12LL WATER POLLUTION CONTROL PROGRAM LS 1 13 (F) FURNISH AND INSTALL STEEL FRAMING - VARIOUS SIZING SO FT 675 C-2 " 0 6z EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. Z30005 SECTION C -- BID DOCUMENTS EXHIBIT'A' BID PROPOSAL IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation "CONTRACTOR" AToM Engineering Construction, Inc., a Contractor By: Grant Yates, City Manager Its: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Exhibit A - Proposal Page 9 By: Its: Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced. C. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner, Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. 23, Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Page 8 party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The Director of Public Works shall act as the Project administrator on behalf of the City. 20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 22. Prevailing Wages. a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Page 7 10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore. CA 92530 If to Contractor: AToM Engineering Construction, Inc. Attn: Larry Boyer 40410 Vista Road, Hemet, CA 92544 11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 17. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing Page 6 omissions which may arise from Contractor's services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. Page 5 9. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. iv. Builder's Risk Coverage. Prior to the commencement of any construction of the Project, Contractor shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder's risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). V. Professional Liability Coverage [if applicablel. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor's profession for protection against claims alleging negligent acts, errors or Page 4 a. The scope of the change in the work, b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance. The Director of Public Works is authorized to sign any change order provided that sufficient contingency funds are available in the City's approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one -hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney. 6. Non -Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City. 7. Licenses. Contractor represents and warrants to City that it holds the contractor's license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Page 3 C. Contractor agrees to receive and accept the prices set forth in the Bidder's Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 3. Completion of Work. a. Contractor shall perform and complete all work within Fifty (50) working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project. C. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the Director of Public Works, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of Five Hundred dollars ($500.00) per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damages claims against the Contractor. Any change to the work shall be by way of a written instrument ("change order") signed by the City and the Contractor, stating their agreement to the following: Page 2 AGREEMENT FOR PUBLIC WORKS CONSTRUCTION AToM Engineering Construction, Inc. City Entry Monument Signs at 1-15/Franklin Street Overcrossing & 1-15/Nichols Rd. Overcrossing This Agreement for Public Works Construction ("Agreement") is made and entered into as of August 11, 2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and AToM Engineering Construction, Inc., ("Contractor"). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. The Prosect and Prosect Documents. Contractor agrees to construct the following public improvements ("work") identified as: City Entry Monument Signs at 1-15/Franklin Street Overcrossing and at 1-15/Nichols Road Overcrossing (the "Project") The City -approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Community Works Design Group, are identified as: 1-15/Franklin Street Overcrossing Decorative Fencing/Transportation Art & 1-15/Nichols Road Overcrossing Decorative Fencing/Transportation Art. The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder's Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices, (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above -listed documents are made a part of this Agreement as though fully set forth herein. 2. Compensation. a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder's Proposal, such contract price being Two Hundred Forty -Six Thousand Three Hundred Ninety Eight Dollars, ($246,398). b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents. ATom Engineering Construction Services Agmt 8.11.2015Page 1 Agenda Date: 8/11/2015 In Control: City Council Agenda Number: 8) City of Lake Elsinore Text File File Number: ID# 15-717 Version: 1 130 South Main Street Lake Elsinore, CA 02530 w lake-elsinore.org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 1 Printed on 81612015 CITY OF LADE LSIIYORE DREAM E,) rREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: AUGUST 11, 2015 SUBJECT: Agreement for Contract Services (On -Call) for Annual Traffic Striping Maintenance Program — Project No. Z10004 Recommendations 1. Award Agreement for Contractor Services (On -Call) to J & S Striping Company, Inc. for the Annual Traffic Striping Maintenance Program. 2. Approve and authorize the City Manager to execute the Agreement in the annual amount not to exceed $175,000 to J & S Striping Company, Inc., based on unit prices for work performed, in substantially the form attached and in such final form as approved by the City Attorney. Backaround As a part of the regular street maintenance items, traffic striping is performed throughout the City. The work to be performed under this contract shall consist of painting traffic lanes, parking lanes, and thermoplastic directional arrows, crosswalks, and legends. All striping shall conform to Caltrans Standard Plans and Specifications. Discussion On June 9, 2015, the Request for Proposals was advertised on Planet Bids for the subject project in conformance with Public Contract Code bidding procedure requirements. Award Agreement for Annual Traffic Striping Maintenance Program August 11, 2015 Page 2 The following seven (7) bids were received from qualified contractors on July 13, 2015: Contractor Verified Bid 1. J & S Striping Company, Inc. $241,930 2. Superior Pavement Markings $273,170 3. Orange County Striping Service, Inc. $332,010 4. Chrisp Company $345,685 5. PCI $367,900 6. Cal Stripe, Inc. $509,290 7. Sterndahl Ent., Inc. $704,820 Following the bid opening, Staff reviewed and verified all bids for comparison and J & S Striping Company Inc. was determined to be the lowest responsive and responsible bidder. Bids were submitted based on estimated quantities for cost analysis only and not a reflection of contract amount. J & S currently provides similar services to other municipalities. The contractor has a valid license and a review of the contractor's references showed no issues with their work quality. Following City Council approval, the anticipated start date will be August 24, 2015. Fiscal Impact The Annual Traffic Striping Maintenance Program is included in the adopted FY 15/16 — 19/20 Capital Improvement Plan (CIP) budget and will be financed by Measure A (Fund 112). It is an annual unit price agreement renewable each year for up to two additional years based on performance. Prepared by: Rick De Santiago Public Works Superintendent Approved by Jim Smith Interim Director of Public Works Approved by Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager Attachments: Agreement for Contractor Services (On -Call) AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL) J & S Striping Company, Inc. Annual Traffic Striping Maintenance Program, Project No. Z10004 This Agreement for Contractor Services (On -Call) (the "Agreement") is made and entered into as of August 11, 2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and J & S Striping Company Inc., a Corporation ("Contractor"). RECITALS A. The City has determined that it requires the following services: Citywide traffic striping maintenance in conformance with Caltrans Standards. B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated July 6, 2015, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services and related work as provided herein and Contractor desires to provide such services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour -a -day, 7 day -a -week, on-call support on an as needed basis. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work. b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's (On -Call) For Annual Traffic Striping Maintenance Program - FinalPage 1 Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. C. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of Ten (10) Months, commencing on August 11, 2015 and ending on June 30, 2016. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed Two (2) additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City. 3. Compensation and Cost of Living Adjustment. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's compensation for the initial term exceed One Hundred Seventy Five Thousand Dollars ($175,000) without additional written authorization from the City. Compensation for any extended renewal term shall not exceed One Hundred Seventy Five Thousand Dollars ($175,000) annually, subject only to the cost of living adjustment as provided for herein below, without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. The compensation paid to Contractor may be adjusted on each July 1 following the first anniversary of the commencement of the term of this Agreement, provided that the request for cost of living adjustment shall be presented to the City no later than June 1 st of a particular year and, if approved by the City, will become effective on July 1 st of that year. Any adjustment will be based on the Los Angeles -Riverside -Orange County Consumer Price Index (CPI) but in no event shall the price adjustment exceed five percent (5%). 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease Page 2 all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City 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 Contractor, 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 Contractor under this Agreement ("Documents & Data"), Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 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 Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any Page 3 magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 7. 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. 8. 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. 9. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. Page 4 10. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 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 to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 14. Indemnitv. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold Page 5 harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 15. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability policy shall be with insurers possessing a Best's rating endorsed with the following specific language: Page 6 and automobile liability insurance of no less than A:VII and shall be i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. V. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 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. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 Page 7 If to Contractor: J & S Striping Company Inc. Attn: Robert Aragon 1544 s. Vineyard Ave Ontario, CA, 91761 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 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. Controllinq 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 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 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. Page 8 25. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change, (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 26. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 27. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 28. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ('Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 29. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Page 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Attachments: Exhibit A — Contractor's Proposal "CONTRACTOR" J & S Striping Company Inc., a Corporation Contractor By: Its: Page 10 EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] Exhibit A PROPOSER'S PROPOSAL AND OTHER DOCUMENTS Exhibit A PROPOSAL PROJECT NO. Z10004 ANNUAL TRAFFIC STRIPING MAINTENANCE PROGRAM FY 15116 TO THE HONORABLE MAYOR AND CITY COUNCIL of the City of Lake Elsinore, California From (Proposer): J&S STRIPING COMPANY, INC 1. This Proposal has been submitted to the. Location: City Clerk, City of Lake Elsinore Mailing Location: City Clerk, City of Lake Elsinore 130 South Main Street 130 South Main Street Lake Elsinore, CA 92530 Lake Elsinore, CA 92530 Time: 2:00 p.m. Date: July 6, 2015 2. -Deleted - 3. In compliance with the Notice Inviting Proposals, the undersigned as Proposer hereby proposes to furnish all materials, equipment and all other labor and methods and do all things necessary forthe proper construction and completion of the work, in strict and complete accord with the Agreement, Special Provisions (which includes the General Provisions and Technical Provisions), Plans, Specifications, and other Contract documents now on file in the Public Works Department of the City of Lake Elsinore at the prices set forth in the Proposal Schedule herein for the work generally described for the said project. 4. The undersigned as Proposer, hereby declares that he or she has carefully examined the location of the proposed work generally described above and is familiar with the Special Provisions, Plans, Specifications and local conditions at the place the work is to be done and also understands that all labor, materials and equipment to be furnished, shall be for the prices proposed, and that the undersigned has also checked figures set forth hereinafter in the Proposal Schedule and understands that neitherthe City of Lake Elsinore, or any officer or employee therefore will be responsible for any misunderstandings, errors or omissions on the part of the undersigned in submitting this Proposal. 5. The complete Contract includes all of the Contract documents as if set forth in full herein, to wit, the Agreement, any and all Contract Change Orders issued after the execution of the Agreement, any and all addenda issued prior to the opening of the Proposal, the Special Provisions, the Project Plans, the Standard Plans, the Standard Specifications, reference Specifications, the Notice Inviting Proposals, the Non - Collusion Affidavit, insurance, all of which are essential parts of this Contract. Exhibit A PROPOSAL PROJECT NO. Z10004 —Deleted- -Deleted - 8. In submitting proposal, the Proposer certifies to the City that he/she has trained his/her employees and subcontractors, if any, for Urban Runoff management and included sufficient sums in the proposal price to cover such costs of said training (Regional Water Quality Control Board Order No. R8-2002-0011, NPDES No. CAS 618033 (Municipal Separate Storm Sewer System NPDES Permit), Section Xl.l). The Contractor is responsible for all clean up and payment of all fines levied as a result of any illegal discharge (as defined in said NPDES permit) occurring as a result of the Contractor's work and/or operations. 9. If the Proposer is making a change to the proposal prior to submission, the Proposer is to line through the existing script, add the revision, and initial. 10. -Deleted- 11. The Proposer shall set forth for each item of work, in clearly legible figures, an item price and a total for the item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total' column shall be the product of the unit price multiplied by the estimated quantity for the item. 12. In case of discrepancy between the unit price and the total set forth for the item, the unit price shall prevail, except however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or if it is omitted, or in the case of unit basis items, is the same amount as the entry in the "Total' column, or in the case of lump sum items, is not the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: (a) As to the lump sum items, the amount set forth in the "Total" column shall be the same amount in the unit price column. Lump sum items are considered to be a unit of one. (b) As to unit basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. 13. The Proposer shall also set forth in clearly legible figures the 'Total Amount' in the spaces provided at the bottom of the Schedule. Exhibit A PROPOSAL PROJECT NO. Z10004 14. In case of discrepancy between the calculated sum of the "Total Cost' column and the number representing the cumulative total of the items, the calculated sum of the 'Total Cost' column shall prevail over the number representing the cumulative total of the items. 15. In submitting the Proposal, if the Proposer fails to provide or omits a cost for line item, then the Proposal will be considered non-responsive and will be rejected. 16. The City reserves the right to reject or accept a Proposal, or parts of the Proposal and to waive any irregularity or informality to the extent permitted by law. 17. In submitting the Proposal, the Proposer offers and agrees that if the Proposal is accepted, the work shall be guaranteed as to quality of workmanship and materials furnished, for a period of six months from the date of acceptance of the work by the City Council. 18. In submitting the Proposal, the Proposer is aware that this is a Public Works project requiring payments of prevailing wage rates, Certified Payrolls are required to be submitted weekly by the Contractor, subcontractor(s), and owner operators. Contract payments will be withheld for delinquent or inadequate Certified Payrolls (LC 1771.5). 19. In submitting the Proposal, the Proposer offers and agrees that if accepted, work shall be performed in accordance with the project Plans and Specifications, including all stipulations designed to meet diversified Federal Environmental, Architectural and related laws and regulations. 20. In submitting the Proposal, the Proposer offers and agrees to allow access to the work area, fiscal, payroll, materials, and other relevant Contract records. All relevant records shall be retained for at least three years or longer, as required by law, from the date of the Notice of Completion. 21. -Deleted- 22. In submitting the Proposal, the Proposer offers and agrees that if the proposal is accepted, the Contractor and subcontractor(s) shall comply with all laws, ordinances, and regulations applicable to the work. If the Contractor ascertains at any time that any of the requirements of the Contract are at variance with applicable law(s), ordinances, regulations, or building code requirements, he or she shall promptly notify the City of Lake Elsinore Public Works Department, and shall not proceed with the work in question, except at his or her own risk, until the Engineer has had an opportunity to determine the extent of the responsibility for the variance, and the appropriate corrective actions to be undertaken. 23. -Deleted Exhibit A PROPOSAL PROJECT NO. Z10004 24. The Contractor shall submit the "Non - Collusion Affidavit" with the Proposal. 25, RECEIPT OF TOTAL ADDENDA NO(S). 1,2 IS HEREBY ACKNOWLEDGED. PROPOSAL MAY BE REJECTED IF ANY ISSUED ADDENDA IS NOT ACKNOWLEDGED. 26. The Proposer J&S STRIPING COMPANY, INC Name) is a CORPORATION (Individual, partnership, orcorporation) _ If a corporation, incorporated under the laws of the State of CALIFORNIA If an individual, state individual's name. If a partnership, state names of all individuals, co-partners, composing the firm. If a corporation, state names of president, secretary, treasurer and chief executive officer thereof. If the Proposer fails to provide the requested information, the Proposal will be considered non-responsive and will be rejected. ROBERT ARAGON - PRESIDENT SECRETARY TREASURER JUDY ARAGON - VICE PRESIDENT 27. In submitting this Proposal, the undersigned agrees to perform, with its own organization, work amounting to at least fifty percent (50%) of the amount except that any designated "specialty items" may be performed by subcontract and may be deducted from the amount before computing the amount of work required to be performed by the Contractor. If the Proposer, after computing the amount of work required, fails to meet at least fifty percent (50%) of the amount of work required with its own forces, the Proposal will be considered non-responsive and will be rejected with no further consideration. 28. The Proposer understands that if he or she fails to specify a subcontractor or if a proposer specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one half of one percent (0.5%) of the total Proposal, the proposer shall be deemed to have agreed to perform such portion himself or herself, and that he or she shall not be permitted to sublet or subcontract that portion of the work except as may be duly consented to by the City pursuantto the provisions of Section 4107, of the Public Contract Code (PCC 4106). 29.-Deleted- Exhibit A PROPOSAL PROJECT NO. Z10004 30. In compliance with the provisions of the Public Contract Code, Section 4104, the undersigned herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half of one percent (0.5%) of the prime Contractor's total proposal, or in the case of Proposals for the construction of streets, highways, including bridges, in excess of one-half of one percent (0.5%) of the prime Contractor's total Proposal or ten thousand dollars ($10,000), whichever is greater, and the portion of the work which will be done by each subcontractor. The Proposer shall not list more than one subcontractor for the same portion of work. All additional information required by the City regarding any subcontractor who the Proposer is required to list under the Provisions of Sections 4104 and 4107 of the Public Contract Code, other than the subcontractor's name and location (city) of business or State Contractor's License number, may be submitted by the Proposer up to 24 hours after the deadline time and date for receipt of Proposals. Failure to timely provide all required subcontractor information shall result in the Proposal being determined non-responsive. PROPOSAL PROJECT NO. Z10004 Exhibit A REQUIRED SUBCONTRACTORS INFORMATION 12 PROPOSAL PROJECT NO. Z10004 Exhibit A REQUIRED SUBCONTRACTORS INFORMATION 13 PROPOSAL PROJECT NO. Z10004 Exhibit A REQUIRED SUBCONTRACTORS INFORMATION Duplicate this form as necessary to report proposer and all subcontractor(s) (DBEs and non -DBEs) information. 14 Exhibit A CITY OF LAKE ELSINORE PROPOSAL -SCHEDULE PROJECT NO. Z10004 ANNUAL TRAFFIC STRIPING MAINTENANCE PROGRAM FY 15116 PROPOSER J&S STRIPING COMPANY, INC (Contractor Name) PROPOSAL ITEMS AS FOLLOWS; ITEM ESTIMATED UNIT TOTAL NO, CODE DESCRIPTION OF ITEMS QUANTITY PRICE COST (FIGURES) (FIGURES) 4" Center Line Yellow Caltrans Std Detail 1, 1 S 4" Center Line White Caltrans Std Detail 8O.oS 97,000 L.F. Li $So R 2 S 4" Solid Line White Caltrans Std Detail 27B, 4" Solid Line Yellow Caltrans Std Detail 24 to - L. F. 0.06 4,11$oga- 3 S No Passing Zone - Two direction (No RPM) 130,000 L.F. Caltrans Std Detail 21 0, t 18,2,00 4 S No Passing Zone — Two direction with RPM 10000 L.F. 0 o2 - Caltrans Std Detail 22 0.29 z,go0 5 S _ Bike Lane Line 6" Solid Line Caltrans Std. Detail 28,000 L. F. ea 39 6 S 8" Solid Line Caltrans STD Detail 38A 20,000 L. F, D. i3 2,6m M 7 S 8" Solid Line with RPM Caltrans STD 38 4,000 L. F. D 23 gz000 T Thermoplastic 12" Solid Line, White or _ _^ 8 Yellow Crosswalk and Limit Line Caltrans 32,000 L. F. 2s o0 STD Detail A24E 2. " 72 rGOD 9 4" Solid line w/ skip Yellow per Caltrans _ STD Detail 15 15,000 L. F. 0. l x,$00 �5 10 4" Solid line w/ skip Yellow and RPM _ 5000 LF L. F. _ w Caltrans STD Detail 16 , — 11 Thermoplastic Pavement Marking Words Caltrans STD A24D, 15,000 S.F SS 2_ m A24E 9Z,7 5o Thermoplastic Pavement Marking S.F 12 Symbols and Numerals Caltrans STD �, ,B,S 2 ou i�i,250` A24C,a5o 13 Thermoplastic Pavement Marking Arrows S.F Caltrans STD A24A, A24B 25000 , 2 71, 2St� _.W_._...... -TOTAL FOR ITEMS 4- $m... (Based on estimated quantities of items 1 through 13 15-A NOTE: Exhibit A CITY OF LAKE ELSINORE PROPOSAL -SCHEDULE PROJECT NO. Z10004 ANNUAL TRAFFIC STRIPING MAINTENANCE PROGRAM FY 15/16 PROPOSER: J&S STRIPING COMPANY, INC (Contractor Name) a. The lowest responsible Proposer will be determined by comparing the cumulative total of all items (PCC 20103.8 b). b. The City has the discretion to select any or all Items for the Award of the Contract. c. The City reserves the right to add or subtract items by Contract Change Order at the prices proposed. Estimated quantities are for the purpose of comparison only, and payments will be made on a basis of actual measurement of work completed. The line item cost include, but not be limited to, sales tax and all other applicable taxes and fees. Codes: (D) Deduct (F) Final Pay Quantities (S) Specialty Item Units of Measurement: LFW lineal foot SF square foot Total amount in WORDS for Items only (Based in Estimated Quantities of Items 1 through 13: 15-B Exhibit A PROPOSAL PROJECT NO. Z10004 PROPOSER'S SIGNATURE PAGE CONTRACTORS STATE LICENSE: Number: 538211 Classification(s):. C32 Expiration Date: 08/31/2016 (Business & Professions Code 7028.15) FEDERAL IDENTIFICATION NO.: 95-3463575 PRESENT CITY BUSINESS LICENSE: Number: (Not required at time Proposal is submitted) Expiration Date: PROPOSER: J&S STRIPING COMPANY, INC (Contractor Name) ADDRESS: 1544 S. VINEYARD AVE, ONTARIO, CA 91761 TELEPHONE NUMBER(S): 909-947-8073 PRINT NIANnF ROBERT ARAGON SIGNATURE TITLE; PRESIDENT PRINT NAME: SIGNA DATE: 07/06/2015 TITLE: VIC-tFNtb1UtNI DATE: 07/06/2015 SIGNING INSTRUCTIONS TO THE CONTRACTOR Signature Page must be accompanied by notary certificates for EACH signature. Note the description of the document on the notary certificate. Attach ALL notary certificates immediately following this page. General Partners must sign on behalf of the partnership. may be affixed hereto. If the proposer fails to properly sign or omits required signatures, the proposal will be considered non-responsive and will be rejected. NOTE: Name on State Contractor License must agree with Proposer's name. 16 Exhibit A A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE Subscribed and sworn to (or affirmed) before me on this 13th day of JULY , 20 15 , by. . _ proved to me on the basis of satisfactory evidence to be the personN who appeared before me. JEFFREY RYAN LEE Commission N 1966823 Notary public • California i Orange County ?: A Comm. Expires Jan 16. 2016 (Seal) Signature �._ Exhibit A A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity_of that document State of California County of ORANGE Subscribed and sworn to (or affirmed) before me on this 13th day of JULY , 20 15 , by JUDY ARAGON proved to me on the basis of satisfactory evidence to be the person-Nwho appeared before me Commission M 1966623 C Notary Public - California Orange County AyCcmm Expiresdan16,2616t (Seal) Signature_,._._ PROPOSAL PROJECT NO. Z10004 Exhibit A NON -COLLUSION AFFIDAVIT PROJECT NO. Z10004 ANNUAL TRAFFIC STRIPING MAINTENANCE PROGRAM FY 15/16 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN BERNARDINO) (NAME) ROBERT ARAGON affiant being first duly sworn, deposes and says: That he or she is PRESIDENT, SECRETARY, TREASURER (sole owner, partner or other proper ti J&S STRIPING COMPANY INC the p of making the foregoing Proposal that the Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, orcorporation; thatthe Proposal is genuine and not collusive orsham, that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from proposing; that the Proposer has not in any manner, directly or indirectly sought by agreement, communication, or conference with anyone to fix the price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the price, or of that of any other Proposer, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Proposal. (Public Contract Code Section 7106) Address: 1544 S. VINEYARD AVE, ONTARIO, CA 91761 Telephone No.: 909-947-$073 Print Name: ROBERT ARAGON Signature: Title:_ PRESIDENT Date: 07/06/2015 SIGNING INSTRUCTIONS TO THE CONTRACTOR Non -Collusion Affidavit must be accompanied by notary certificates for signature. Note the description of the document on the notary certificate. Attach notary certificate immediately following this page. If the Proposer fails to properly sign or omits the required signature, the proposal will be considered non-responsive and will be rejected. WA Exhibit A A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or yalidi of that document. State of California County of ORANGE _ Subscribed and sworn to (or affirmed) before me on this 13th day of JULY 20 15 , by ROBERT ARAGON proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. JEFFREY RYAN LEE Commission # 1966823 ,� Notary Public • California z ,l Orange County �My 0omm. Ezplres Jen 16, 2016 (Seal) Signature Exhibit A PROPOSAL PROJECT NO. Z10004 MATERIALS, WORKMANSHIP AND EQUIPMENT GUARANTEE To the City of lake Elsinore, The Proposer guarantees the installation of work for the City Wide Repainting of Traffic Striping and should any materials be defective within six months of which the work is accepted by the City, the Proposer does guarantee within fifteen (15) days upon receipt of demand by letter of the City to correct the deficiency. In the event of failure to perform, the City may take corrective action and the Proposer shall reimburse the City of needed repairs. Proposer: J&S STRIPING COMPANY, INC Date: 07/06/2015 Title: PRESIDENT m Exhibit A LIST OF REFERENCES PROJECT NO. Z10004 ANNUAL TRAFFIC STRIPING MAINTENANCE PROGRAM FY 15/16 PROPOSER: J&S STRIPING COMPANY, INC (Contractor Name) REFERENCES Following are the names, addresses and telephone numbers for three (3) public agencies for which PROPOSER has performed similar work within the past two (2) years: 1. CITY OF TUSTIN ; 300 CENTENNIAL WAY, TUSTIN 92780 Name ana /-Vo0ress or aagency KATY LEE ; 714-573-3177 Name, Title, and Telephone Number of Person Familiar with Project 268,951.18 ANNUAL MAINTENANCE Contract Amount Type of Work Date Completed 2. CITY OF CHINO; 5050 SCHAEFER AVE, CHINO 91710 Name and Address of Agency VINCE LEDESMA ; 909-917-2248 Name, Title, and Telephone Number of'Person Familiar with Project 180,000.00 ANNUAL MAINTENANCE Contract Amount ^F Type of Work Date Completed 3 CITY OF GARDEN GROVE ; 13802 NEWHOPE STREET, GARDEN GROVE 92843 _-_-..- ...................m....m-w_.m� Name and Address of Agency _-...._ PEGGY SNYDER ; 714-741-5372 Name, Title, and Telephone Number of Person Familiar with Project 171,000.00 ANNUAL MAINTENANCE Contract Amount Type of Work Date Completed Note to Proposer: Prepared lists of projects completed may be included as a part of the Proposal, but will not be accepted in lieu of this form, completely filled out. 19 Crrt or- LAKELSII� NO1ZE r`\ DREAM LXFM',MF �.. Exhibit A ADDENDUM NUMBER PROJECT: ANNUAL TRAFFIC STRIPING MAINTENANCE DATE: July 2, 2015 The following is an ADDENDUM to the contract documents for the above referenced project. 1. Deadline for Submitting RFP Extension: The deadline is extended by one week to July 13, 2015 Prospective bidders are required to acknowledge receipt of this addendum to the contract on the bid proposal form. For questions, please call Rick De Santiago at 951.674.3124 extension 291. Sincerely, O- .w.' Ken Rukavina Interim City Engineer 9,91.674.3124 1,505. WiN SrneFr ]AM [H[Nolkf GA92530 M','WA AKI 6 L51 N0U,0KG AGENDA COVER SHEET MEETING OF ��lols City CouncilRedepment Agency DEPARTMENT: 17 I LJ ONSENT: F I APPEAL BUSINESS: Other RESOLUTION: ORDINANCES F—] PUBLIC HEARING ATTACHMENTS: Report emailed to Clerk ANN a MEN am a ANNE ME a a a a am ME a a a a ME ME am Ed MENU a a a a a am MEN on an a a am a am a f MENU MEN a a■ FOLLOW UP DIRECTION: IN a am am am a r ME am RE SEEMS a ME a MEN/ a MEN Noon am a on an a a MEN a a off a a a am am f men MEN am a a a Submitted by: > - -� Date: Approved by: Department Head: Date: Finance Director: Date: City Manager: Date: CITY OF ins LADE LSIROIIE DRGAM EXTKEME.. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: AUGUST 11, 2015 SUBJECT: Award Construction Contract to AToM Engineering Construction Inc. for City Entry Monument Signs at 1-15/Franklin Street Overcrossing and at 1-15/Nichols Road Overcrossing, CIP Project No. Z30005 Recommendation 1. Approve and award the Agreement for Public Works Construction to AToM Engineering Construction, Inc. in the amount of $246,398 for the Interstate 15 at Franklin Street Overcrossing and Nichols Road Overcrossing Project, and authorize the City Manager to execute the Agreement in substantially the form attached and in such final form as approved by the City Attorney. 2. Authorize the City Manager to execute contract change orders not to exceed 15% of the total Agreement, pursuant to requirements set forth in the construction agreement. 3. Authorize the Director of Public Works to record the Notice of Completion once it is determined the work is complete and the improvements are accepted. Background/Discussion The planned improvements include furnishing and installing two freeway monument signs. Contractor bids were solicited and procured formally through Planet Bids. One bid was received and opened publicly on August 3, 2015. AToM Engineering Construction, Inc. August 11, 2015 Page 2 The bid by AToM Engineering is summarized below: Contractor Bidder Bid Amount 1. AToM Engineering Construction, Inc. $246,398.00 After checking references, staff examined recent construction projects that were successfully completed with other agencies. It was determined that the City Council should accept the bid submitted by AToM Engineering Construction, Inc. The materials available for inspection are adequate for City staff to support a recommendation that the bid is responsive in the context of completing the project as specified. Fiscal Impact Sufficient funds have been allocated in the Capital Improvement Plan budget for the Project and will be funded by 1) General Projects Fund (Fund 105) and 2) an Escrow Account set up pursuant to the Development Agreement dated February 10, 2015, by and between the City of Lake Elsinore and Mohr Affinity, LLC (Outlet Center). Prepared by: Deepak Solanki Consultant Project Manager Approved by: Jim Smith, P.E. QC_ Interim Director of Public Nlqs VV Approved by: Jason Simpson Director Administrative Services Department Approved by: Grant Yates, City Manager Attachments: City Entry Monument Signs Agreement for Public Works Construction AGREEMENT FOR PUBLIC WORKS CONSTRUCTION ATOM Engineering Construction, Inc. City Entry Monument Signs at 1-15/Franklin Street Overcrossing & 1-15/Nichols Rd. Overcrossing This Agreement for Public Works Construction ("Agreement") is made and entered into as of August 11, 2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and ATOM Engineering Construction, Inc., ("Contractor"). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. The Project and Project Documents. Contractor agrees to construct the following public improvements ("work") identified as: City Entry Monument Signs at 1-15/Franklin Street Overcrossing and at 1-15/Nichols Road Overcrossing (the "Project") The City -approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Community Works Design Group, are identified as: The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder's Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above -listed documents are made a part of this Agreement as though fully set forth herein. Compensation. a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder's Proposal, such contract price being Two Hundred Forty -Six Thousand Three Hundred Ninety Eight Dollars, ($246,398). b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents. ATom Engineering Construction Services Agml 8.112015Page 1 C. Contractor agrees to receive and accept the prices set forth in the Bidder's Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 3. Completion of Work. a. Contractor shall perform and complete all work within Fifty (50) working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project. C. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the Director of Public Works, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of Five Hundred dollars ($500.00) per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damages claims against the Contractor. Any change to the work shall be by way of a written instrument ("change order") signed by the City and the Contractor, stating their agreement to the following: Page 2 a. The scope of the change in the work; b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance. The Director of Public Works is authorized to sign any change order provided that sufficient contingency funds are available in the City's approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one -hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney. 6. Non -Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City. 7. Licenses. Contractor represents and warrants to City that it holds the contractor's license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Page 3 Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. V. Builder's Risk Coverage. Prior to the commencement of any construction of the Project, Contractor shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder's risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). V. Professional Liability Coverage lif applicablel. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor's profession for protection against claims alleging negligent acts, errors or Page 4 omissions which may arise from Contractor's services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than ANII and shall be endorsed with the following specific language: L The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V, Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. Page 5 10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: AToM Engineering Construction, Inc. Attn: Larry Boyer 40410 Vista Road, Hemet, CA 92544 11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Ag reement. 15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 17. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing Page 6 party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The Director of Public Works shall act as the Project administrator on behalf of the City. 20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 22. Prevailing Wages. a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Page 7 Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced. C. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. 23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Exhibit A - Proposal Page 9 "CONTRACTOR" AToM Engineering Construction, Inc., a Contractor By: Its: By: Its: EXHIBIT'A' BID PROPOSAL EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. Z30005 SECTION C - BID DOCUMENTS C-9ry�„ Company: EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. Z30005 BIDDER'S PROPOSAL CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIB NO. (CIP PROJECT NO. Z30005) ATOM Engineering C=t=fio14 Inc, Honorable Mayor Members of the Council: In accordance with the Notice Inviting Bids pertaining to the receiving of sealed proposals by the City Clerk of the City of Lake Elsinore for the above titled improvement, the undersigned hereby proposes to furnish all Work to be performed in accordance with the Specifications, Standard Drawings, and the Contract Documents, for the unit price or lump sum set forth in the following schedule: Time of Completion: Forty (40) Working Days from Issuance of Notice to Proceed (NTP) by City to Contractor. BID SCHEDULE A - FRANKLIN STREET OVERCROSSING ITEM TRAFFIC CONTROL SYSTEM LS ESTIMATED UNIT NO. DESCRIPTION OF ITEMS UNIT QUANTITY PRICE AMOUNT 1 TRAFFIC CONTROL SYSTEM LS 1 Lj ( 7— l y 2 i,til 2 REMOVE EXISTING CHAIN LINK RAILING LF 60 45 2-M) 3 INSTALL TEMPORARY FENCE LF 60�-c6 (7 4 WATER POLLUTION CONTROL PROGRAM LS 1 5 (F) FURNISH AND INSTALL STEEL FRAMING - SQ FT 675 VARIOUS SIZING 30 6 (F) FURNISH AND INSTALL LASER CUT STEEL SQ FT 450 tib 5 4 LETTERING/GRAPHICS 7 TYPE 7 CHAIN LINK RAILING SO FT 500 J MOBILIZATION AND DEMOBILIZATION 6 INCLUDING CONSTRUCTION SCHEDULES LS 1 q �SC� tVii<S NOT TO EXCEED 5% OF TOTAL BID Total Bid Price - Schedule A �g (Based on estimated quantities of Items 1 through 6) `ffi BID SCHEDULE B - NICHOLS ROAD OVERCROSSING 9 TRAFFIC CONTROL SYSTEM LS 1 10 REMOVE EXISTING CHAIN LINK RAILING LF 60 Ltd 11 INSTALL TEMPORARY FENCE LF 60 'Lw� �(l� 12 WATER POLLUTION CONTROL PROGRAM LS 1 2L-� 'l �� a , 1y776 13 (F) FURNISH AND INSTALL STEEL FRAMING - VARIOUS SIZING SQ FT 675 (7 C-2 haod4 EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. Z30005 ITEM ESTIMATED UNIT NO. DESCRIPTION OF ITEMS UNIT QUANTITY PRICE AMOUNT 14 (F) FURNISH AND INSTALL LASER CUT STEEL SQ FT 450 LETTERING/GRAPHICS D �, 15 TYPE 7 CHAIN LINK RAILING SQ FT 500 4NIOBILIZATION AND DEM01311LVATION 16 INCLUDING CONSTRUCTION SCHEDULES LS 1 NOT TO EXCEED 5% OF TOTAL BID I3 I3 `t"9.o Total Bid Price — Schedule B (Based on estimated quantities of Items 9 through 16 125 W'A$la • 00 _ Grand Total Bid Price — Schedule A + Schedule B a4� 39`6. co Note: Estimated quantities are for the purpose of Bid comparison only; payments will be made on the basis of actual measurement of Work completed, except for lump sum (LS) and final pay (F) quantities. (S) denotes a specialty item. The Bid Price shall include, but not be limited to, sales tax and all other applicable taxes and fees. SCHEDULE A Total Bid: 1 OW 9 ( a. (Al (Figures*) SCHEDULE A Total Bid: SCHEDULE B Total Bid: 105 4q'o (:)n (Figures SCHEDULE B Total Bid: \. I_ 0.. -AI . _c .o1.L,,...11_..._._t r'- —1 .._I__P c".. GRAND TOTAL (SCHEDULES A + B) Total Bid: 29 "z9%iv, (Figures") GRAND TOTAL (SCHEDULE A + B) Total Bid: *BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS. Project construction is within the jurisdiction of the State of California, Department of Transportation (Caltrans) and all work shall conform to the requirements of the Caltrans Encroachment Permit conditions. The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore. C-3 EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. Z30005 The above unit prices include all work appurtenant to the various items as outlined in the Specifications and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern. The undersigned declares that it has carefully examined the Plans, Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon. — ATeM $ otn r �193f10 OG�riC- Date: 7/317) 4 Ey: La.n y '� offer Contractor's State License No.: Class: j+ Department of Industrial Relations Registration No: 1 C>dDDD 11-7 8 Registration Date: kpj Expiration Date: _ -P n)/Io Address: t1-DtAIi-->_\ 9:t,x-y\ r, AL-Pt 4q -- Phone: �(,I—?u o—� FAX: ° Sl- 611- L)q'U C-4 EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. Z30005 ACKNOWLEDGMENT OF ADDENDA RECEIVED CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIB NO. - (CIP PROJECT NO. Z30005) The Bidder shall acknowledge the receipt of addenda by placing an "X" by each addendum received. Addendum No. 1 Addendum No. 2 Addendum No.3 Addendum No. 4 If an addendum or addenda have been issued by the City and not noted above as being received by the Bidder, the Bid Proposal may be rejected. Biddei s Signature C-5 EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. Z30005 NON -COLLUSION AFFIDAVIT CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIB NO. (CIP PROJECT NO. 230005) STATE OF CALIFORNIA ) SS COUNTY OF That Er� is ATOM Engjneefing deposes and says: , partner or other proper of the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. (Public Contract Code Section 7106) Address: Telephone No.: — ? to I p CrAnI p Title: Sgt re 41a v -u Date: '71 'D }s Non -Collusion Affidavit must be accompanied by notary certificates for signature, Note the description of the document on the notary certificate. Attach notary certificate immediately following this nape. If the Bidder fails to properly sign or omits the required signature, the bid will be considered non-responsive and will be rejected. C-6 EXHIBIT A ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is affached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Riverside } On 7/30/15 before me, Laura Lee Marin, Notary Public ' ere nae name an a e—fv t,e cer personally appeared Larry Boyer who proved to me on the basis of satisfactory evidence to be the person(s) whose names) Is re subscribed to the within instrument and acknowledged to me that KEDshe/they executed the same inrsIherirtheir authorized capacity(ies), and that by (EIsliherlftheir 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. LAU LEE MARIN WITNESS my hand and official seal. Commission No.2101934 NOTARY PUBLIC -CALIFORNIA RIVERSIDE COUNTY My Cemm. Expires MARCH 2,2019' j i•••. a Public Sig tur (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING TIES FORM Thisforxu complies with current Califarna statutes regarding notary wording and. DESCRIPTION OF THE ATTACHED DOCUMENT (needed, should he completed and attached to the document. Acknohvedgentsfrom other states may be completedfor documents beingsent to that state so long as the Non -Collusion Affidatvit wording does not +'equine the California notary to violate California mawy law. (Title or description of attached document) m • State and County information must be tine State and County where the document signer(s) personally appeared before the notary public for acknowledgment. (Tide Or description of attached document contlnued) • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. Number of Pages Document Date 7/30/15 • The notary public must print his or her name as it appears within Ms or her commission followed by a comma mid then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off Incorrect fomes (i.e. ❑ Individual (s) hdshekhey–is/are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Secreta Impression must not cover text or lines. If set impression smudges, re -seal if a ( It e) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. El Attorney -in -Fact ti• Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. El Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (ic. CEO, CFO, Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 4 Securely attach this document to the signed document with a staple. EXHIBIT A v f EXHIBIT A CITY OF LAKE ELSINORE GIP Project No. Z30005 BOND NO. BIDDER'S BOND CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING . NIS NO. (CIP PROJECT NO. Z30005) KNOW ALL MEN OR WOMEN BY THESE PRESENTS: That we ATOM ENGINEERING CONSTRUCTION INC. . as PRINCIPAL, hereinafter referred to as "Contractor", and CONTRACTORS BONDING AND INSURANCE COMPANY a duly authorized corporate as "Surety," are held and firmly bound unto the City of Lake Elsinore in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Contractor above named, submitted by said Contractor to the City of Lake Elsinore for the work for said project entitled above, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City of Lake Elsinore to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the amount of TEN PERCENT OF GREATER AMOUNT BID THE CONDITION OF THIS OBLIGATION 15 SUCH: That whereas the Contractor has submitted the above-mentioned Bid to the City of Lake Elsinore as aforesaid for the work for said project entitled above. NOW, THEREFORE, if the aforesaid Contractor is awarded the Contract and, within the time and manner required under the Contract documents, after the prescribed forms are presented to him or her for signature, enters into a written Agreement In the prescribed form and in accordance with the Contract documents, and files two bonds with the City of Lake Elsinore, one to guarantee faithful performance and the other to guarantee payment for labor and materials, in accordance with said Contract documents, and as required by law, and files the required insurance certificate(s) In accordance with said Contract documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect until execution of the Agreement or forfeiture pursuant to the Provisions of Sections 20172 and 20174 of the Public Contract Code. In the event suit is brought upon this bond by the City and judgment 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. (SIGNATURE PAGE FOLLOWS) C-7 EXHII3IT A CITY OF LAKE ELSINORE CIP Project No, 230005 BIDDER'S BONG SIGNATURE PAGE CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIB NO. (CIF PROJECT NO. 230005) IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 30TH day of JULY 2015 BIDDER: ATOM ENGINEERING Contractor Name: CONSTRUCTION, INC. Address: 40410 VISTA ROAD HEMET CA 92544 Telephone No.: 951/766-2806 Print Name: ���p�r ll Title: SC G Signature: Date: JULY 30, 2015 CORPORATE SURETY: CONTRACTORS BONDING Company Name: AND INSURANCE COMPANY Address: 111 PACIFICA, SUITE 350 IRVINE, CA 92618 Telephone No.: 949/341-9169 Print Name: JOHN MALONEY Title: ATTORNEY-IN-FACT Signature: Date: JULY 30, 2015 SIGNING INSTRUCTIONS TO THE CONTRACTOR Bidder's Bond must be accompanied by notary certificates for EACH signature. Note the description of the document on the notary certificate. Attach BOTH notary certificates immediately following this page. Corporate Seal may be affixed hereto The attorney-in-fact for corporate surety must be registered, as such, in at least one county in the State of California. Attach one original Power of Attorney immediately following the notary certificates. If the Bidder falls to properly sign or omits the required signatures, the bid will be considered non-responsive and will be rejected. C-8 EXHIBIT A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of SAN DIEGO ) On 7/3 012 01 5 before me, Date personally appeared MICHELLE M. BASUIL, NOTARY PUBLIC Here Insert Name and Title of the Officer JOHN MALONEY Name(s) of Signer(e) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/she*rey executed the same in hist"., 4the-i; authorized ca acit p y(iee>), and that by his/IieFkl,reix signature(s) on the instrument the person(a), or the entity upon behalf of which the person(s) acted, executed the instrument. t MICHELLE M. BASUIL COMM # 2034911 SAN DIEGO COUNTY DD NOTARY PUBLIC -CALIFORNIA Z My COMMISSION EXPIRES -� AUG. 24, 2077 Place Notary Seat Above 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- Q Signature of Notary Public OPTIONAL Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: __ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: JOHN MALONEY ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: El Corporate Officer — Title(s): ❑ Partner — O Limited U General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator El Other: Signer Is Representing: tiG' K�.(�' `/SUGv✓✓G +_/G,t/. '45(u4Gt/T i(#G(uGV/.G(u n. G'u.GWG(✓G(u 'u uitV.G(u 'grit. Gv4v✓N✓G' � Q r ♦ ♦ • � ♦ ♦ ♦ • 1 rr� � ir� <r 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: (800)645-2402 Fax: (309)699-2036 Know All Men by These Presents: EXHIBIT A POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized mrd licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint Mark D Iatarola Michelle M Basuil John Maloney Helen Maloney, iointly or severally in the City of Escondido , State of California , as Attorney in Fact, with full power and authority hereby conferred upon binAer to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment mid execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal maybe printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 3rd day of June, 2015. RLI Insurance Company • 'mo"OGAo"s,q'. , `�ECOaq- Contractors Bonding and Insurance Company A 00„PORgr'• `.q � nOPPOH4rm•y _ ry ;pyo: SEAL Ro C. Die Vice President State of Illinois ° • ••....• ' y SS �tllrvo6 2<tl County of Peoria )) CERTIFICATE On this 3rd day of June 2015 before me, a Notary Public, personally appeared Roy C. Die , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be are voluntary act and deed of said corporation. I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in .full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the aseat of the RLI Insurance Company and/or Contractors' BonBoling and Insurance Company this 30TH day of JULY "I',I /!k d= (�Qy,� RLI Insurance Company Notary Public Contractors Bonding and Insurance Company '� =JACQUELINEM. Roy C. Die Vice President OA56693620212 A00591 15 EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. Z30005 LIST OF SUBCONTRACTORS CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIB NO. (CIP PROJECT NO. 230005) The bidder is required to fill in the following blanks in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the Government Code of the State of California) and should familiarize itself with Sections 2-3 of the Standard Specifications. Name Under Which Subcontractor is Licensed: Veba otos cmc na, License Number: L)�5''6a5 Address of Office, Mill or Shop: V�3% 1,941 ai,�Ntp CA Specific Description of Sub -Contract: and Bid Items of Work: !FAx\& t Name Under Which Subcontractor is Licensed: License Number: Address of Office, Mill or Shop: Specific Description of Sub -Contract: and Bid Items of Work Name Under Which Subcontractor is Licensed: License Number: Address of Office, Mill or Shop: Specific Description of Sub -Contract: and Bid Items of Work: Name Under Which Subcontractor is Licensed: License Number: Address of Office, Mill or Shop: Specific Description of Sub -Contract: and Bid Items of Work: Subcontractors listed in accordance with the provisions of Section 2-3 must be properly licensed under the laws of the State of California for the type of work that they are to perform. Do not list alternate subcontractors for the same work. C-9 EXHIBIT A CITY OF LAKE ELSINORE CIP Project No, Z30005 CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIB NO. (CIP PROJECT NO. Z30005) Failure to demonstrate adequate experience may result in rejection of the bid. For all public agency projects with a similar scope of work which you have worked on (or are currently working on) in the past three (3) years, provide the following required information: 1. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 2. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 3. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: C-10 EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. Z30005 4. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 5. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 6. Name (Firm/Agency): Address: Contact Person: _ Telephone No.: u Title of Project: Project Location: Date of Completion: Contract Amount: 7. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: _ Date of Completion: Contract Amount: C-11 EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. Z30005 List any other projects (private, older than three (3) years, etc.) that may represent qualifying similar experience: 1. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 2. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 3. Name (Firm/Agency). Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: C-12 EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. Z30005 CONTRACTOR INFORMATION CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIB NO. (CIP PROJECT NO. Z30005) Contractor's License No.: 91,D3 % Class: a. Date first obtained: G1 al10 Expiration leISLjo b. Has License ever been suspended or revoked? N-)--, If yes, describe when and why: c. Any current claims against License or Bond? N D If yes, describe claims: N P' Principals in Company (List all — attach additional sheets if necessary): NAME TITLE LICENSE NO. (If Applicable) 72ct i �i � t�Js C-13 EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. Z30005 VIOLATIONS OF FEDERAL STATE OR LOCAL LAWS CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIB NO. (CIP PROJECT NO. Z30005) Has your firm or its officers been assessed any penalties by an agency for noncompliance or violations of Federal, State or Local labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects? YES NO (circle one) Federal / State / Local (circle one) If "YES," identify and describe, (including agency and status): N A - Have the penalties been paid? YES /NO circle one) N � 2. Does your firm or its officers have any ongoing investigations by any public agency regarding violations of the State Labor Code, California Business and Professions Code or State Licensing Laws? YES 6DCrule one) Code/Laws: Section/Article: If "yes," identify and describe, (including agency and status): M C-14 EXHIBIT A CITY OF LAKE ELSINORE CIP Project No. Z30005 DISQUALIFICATION OR DEBARMENT CITY ENTRY MONUMENT SIGNS PROJECT INTERSTATE 15 AT FRANKLIN STREET OVERCROSSING AND NICHOLS ROAD OVERCROSSING NIB NO. (CIP PROJECT NO. 230005) Has your firm, any officer of your firm, or any employee who has a proprietary interest in your firm ever been disqualified, removed, or otherwise prevented from bidding on, performing work on, or completing a federal, state or local project because of a violation of law or a safety regulation? YE INO circle one) If yes, provide the following information (if more than once, use separate sheets): Date: N of- Entity: Location: Reason: Provide Status and any Supplemental Statement: N4 Has your firm been reinstat�edf fb,�y this entity? YES NO ircle one) t y H- C -15 EXHII3IT A SECTION D - CONTRACT DOCUMENTS D-1 LXHIIII'I' A AToM Engineering Construction, Inc. DATE OWNER/JOB TOTAL CONTRACT 9/11-11/11 City of San Clemente 301 Acapulco Canyon Outlet Rehabilitation $ 56,697.32 910 Calle Negocio San Clemente, CA. 92673 949-361-6154 Gregory Deist 9/11-2/12 South Orange County Community College District 302 Main Electrical Room Site Drainage $ 175,724.30 28000 Marguerite Pkwy. Mission Viejo, CA. 92692 949-261-5100 David McGlothlin (C.W. Driver) 11/11-5/12 Inland Empire Utilities Agency 303 IERCF Process Improvement Amendment Hopper $ 285,728.12 6075 Kimball Ave. Chino, CA. 91710 909-993-1600 Mark Peterson 1/12-7/12 City of San Clemente 304 Max Berg Plaza Park $ 696,267.50 910 Calle Negocio San Clemente, CA. 92673 949-361-6132 Gary Voborsky 2/12-2/13 Casitas Municipal Water Dist. 305 Fairview Pump Plant Electrical $ 104,398.00 1055 Ventura Ave. Oak View, CA. 93022 805-649-2251 Todd Evans 3/12-4/12 Orange County Parks 306 OC Shade Shelters $ 107,398.00 333 W. Santa Ana Blvd. Santa Ana, CA. 92701 Karen Chieng 949-585-6454 4/12-8/12 City of San Clemente 307 Toluca Storm Drain $ 21,503.00 910 Calle Negocio San Clemente, CA. 92673 949-361-6154 Gregory Deist 6112-1/13 Rancho California Water Dist, 308 Glen Oaks & De Anza PRV $ 498,398.00 42135 Winchester Rd. Temecula, CA, 92590 Heath McMahon 951-296-6900 1 ATTACHMENT "A" EXHIBIT A 11/12-12/13 City of Glendora 309 Well 14 Pump House 116 E. Foothill Blvd, Glendora, CA. 91741 Jason Roehrborn 626-914-8253 9/12-1/13 Metropolitan Water District 310 Inland Feeder PC -1 Storage Tank Installation 700 N. Alameda St. Los Angeles, CA, 90012 Janice Richardson 213-217-6000 10/12-12/12 Indio Water Authority 311 Plant 3 Altitude Valve Retrofit 83101 Ave. 45 Indio, CA. 92201 David Merrell 760-625-1819 3/13-6/13 State of California Dept. of Parks & Recreation 312 San Elijo Lifeguard Tower 4477 Pacific Hwy. San Diego, CA. 32110 Casey Wear 619-688-3336 3/13-5113 Inland Empire Utilities Agency 313 IERCF Process Improvement Amendment Hopper 6075 Kimball Ave. Chino, CA. 91710 909-993-1600 Jeff Zeigenbein 5/13-6/13 City of Palm Desert 314 Left Turn Pocket 73510 Fred Waring Dr. Palm Desert, CA. 92260 Joel Montalvo 760-346-0611 5/13-8/13 Los Angeles Co. Sanitation Dist. 315 Puente Hills Liquids Handling 1955 Workman Mill Rd. Whittier, CA. 90601 5/13-6/13 City of Hermosa Beach 316 Protective Bollards at Pier Plaza 1315 Valley Dr. Hermosa Beach, CA. 90254 Chris McNary 714-920-6904 4/13-5113 State of California Dept. of Parks & Recreation 317 San Clemente Beach Paving 3030 Avenida del Presidente San Clemente, CA. 92672 Jennifer Tustison 949-366-4888 2 $ 689,398.00 $ 98,398.00 $ 50,398.00 $ 39,398.00 $ 29,398.00 $ 60,398.00 $ 157,398.00 $ 85,962.00 $ 25,962.00 7/13-9/13 State of California - CALTRANS 318 Minor B Concrete Wingwall 1727 30th St. Sacramento, CA. 95816 Dianne Morris 7/13-10/13 City of Rancho Cucamonga 319 Central Park Pavilion 10500 Civic Center Dr. Rancho Cucamonga, CA. 91730 Karen Emery -McGuire 7/13-8/13 Fallbrook Union High School Distric 320 Fallbrook HS Fencing 2234 S. Stage Coach Ln. Fallbrook, CA. 92028 Sheila Duncan 8/13-11/13 Elsinore Valley MWD 321 Gafford Tank Erosion Repair 31315 Chaney St. Lake Elsinore, CA. 92530 Gayle Malone 11/13-12-13 City of Riverside 322 North Park Pergola Restoration 3900 Main St. Riverside, CA. 92501 Chris Scully 10113-5114 Southeastern California Conference 323 Pine Springs Ranch 11330 Pierce St. Riverside, CA. 92505 Fritz Wuttke 1/14-2/14 City of Poway 324 Reservoir Safety Modifications 13325 Civic Center Dr. Poway, CA. 92064 Melody Rocco 1114-2/14 City of Fullerton 325 Altura Drive Storm Drain 303 W. Commonwealth Ave. Fullerton, CA. 92832 Kevin Kwak 3/14-7114 City of Oceanside 326 St. Malo Sewer Force Main 300 N. Coast Hwy. Oceanside, CA. 92054 Amy Czajkowski LX141BIT A 916-227-6076 909-477-2740 760-723-6332 951-674-3146 951-826-5967 951-659-3173 858-668-4622 714-738-6865 760-518-6266 3 $ 76,398.00 $ 217,398.00 $ 109,937.00 $ 175,398.00 $ 54,398.00 $ 75,000.00 $ 70,398.00 $ 85,962.00 $ 147,398.00 EXHIBPI' A 5/14-6/14 City of Poway 327 Directional Sign Replacement $ 10,398.00 13325 Civic Center Dr. Poway, CA. 92064 Pam Gravel 858-668-4702 5/14-8-14 Ramona Municipal Water District 328 Poway PS Conduit $ 240,398.00 105 Earlham St. Ramona, CA. 92065 Ricardo Soto 760-788-2260 7/14-10/14 City of Oceanside 329 Golf Course Lift Station $ 154,398.00 300 N. Coast Hwy. Oceanside, CA. 92054 Shawnele Morelos 760-547-1956 10/14-2115 Slate of California Dept. of Parks & Recreation $ 162,398.00 330 - Carlsbad Electrical Upgrade 4477 Pacific Hwy. San Diego, CA, 32110 Casey Wear 619-688-3336 6/14-6114 City of Palm Desert 331 - Aquatic Center Conduit $ 23,962.00 73510 Fred Waring Dr. Palm Desert, CA. 92260 Ryan Stendell 760-346-0611 10/14-5/15 Rancho California Water Dist. 332 - Los Caballos PRS $ 349,943.00 42135 Winchester Rd. Temecula, CA. 92590 Heath McMahon 951-296.6900 12/14-6/15 Inland Empire Utilities Agency 333 - Replacement of Check Valves $ 67,398.00 6075 Kimball Ave Chino, CA 91708 John Scherck 909-993-1600 2/15-3/15 City of Poway 334 - Parkway Retaining Wall $ 12,398.00 PO Box 789 Poway, CA 92074 Diane Mann 858-668-4704 4 EXHIBIT A 2/15-5/15 Inland Empire Utilities Agency 336 - CCWRF Lagoon Rip -Rap Retrofit $ 51,398.00 6075 "A" Kimball Ave Chino, CA 91710 Matthew Poeske 909-573-6188 4/15-6115 Olivenhain Municipal Water District Thornton Pump Station Pipeline Relocation $ 137,398.00 1966 Olivenhain Rd Encinitas, CA 92024 Paul Mochel 760-753-6466 TOTAL $ 6,379,190.24 AGENDA COVER SHEET MEETING OF City Council Redevelopment Agency Other DEPARTMENT: CONSENT: F71APPEAL BUSINESS: o e r d, O o� RESOLUTION: 17 ORDINANCES PUBLIC HEARING ATTACHMENTS: Report emailed to Clerk 0000 ! ...................... a 0 0 0 0 a a 0 a 0 0 0 a. 0 0 0 0 a a 0 1 a a. 0 0 0 0 0 0 a 0 0 0 0 0 a 0 a 0■■ FOLLOW UP DIRECTION: f. a 0 a a a. a 0 0 0 0 0 0 0 0 a. E 0 0 0. 0 0 s a 0 0 0 0. a. a 0 0 0 0 w 0. 0. 0 .. ■ a a a■■ a a a a a a a 0 a a 0 0 .. 0 Submitted by: Approved by: Department Head: Finance Director: City Manager: Date: Date: Date: Date: CITY OF rte. LADE 9 LSII�ORE �� DREAM EXTREMl.. REPORT TO CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: Grant Yates, City Manager DATE: August 11, 2015 SUBJECT: Second Reading and Adoption of Ordinance No. 2015-1342 Recommendation It is recommended that the City Council waive further reading and adopt by title only ORDINANCE NO. 2015-1342 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE REGARDING CAMPING ON PRIVATE RESIDENTIAL PROPERTY AND CAMPING -RELATED LAND USES by roll call vote. Discussion On July 28, 2015, this Ordinance was introduced and approved to delete Subsections 17.148.140 (C) and Section 17.200.070 and add new Chapter 8.70 Camping on Private Property. Prepared by: Diana Giron, Acting City Clerk Approved by: Grant Yates, City Manager Attachment: Ordinance No. 2015-1342 Camping on Private Property ORDINANCE NO. 2015-1342 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE REGARDING CAMPING ON PRIVATE RESIDENTIAL PROPERTY AND CAMPING -RELATED LAND USES WHEREAS, the City of Lake Elsinore ("City") is authorized by California Constitution, Article Xl, Section 7 to make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; WHEREAS, the City has been long known for its lake and other natural beauty, which attracts visitors and residents alike who sometimes wish to enjoy the scenery by camping; WHEREAS, the City has designated traditional campgrounds and recreational vehicle parks designed with proper amenities for use by visitors and residents and such sites are regulated for the health, safety and general welfare of the public; WHEREAS, the City Council recognizes the right of private residential property owners to make personal use of their residential property for occasional camping for personal use; WHEREAS, the City Council finds necessary additional regulations for commercial and non -personal use of private residential property for camping purposes to better protect property, the natural beauty and integrity of the City, and the life, health and general welfare of the public; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Subsection 17.148.140(C) of the Lake Elsinore Municipal Code is hereby deleted SECTION 2. Section 17.200.070 of the Lake Elsinore Municipal Code is hereby deleted in its entirety. SECTION 3. Chapter 8.70 is hereby added to the Lake Elsinore Municipal Code to read as follows: "CHAPTER 8.70 — Camping on Private Property 8.70.010 Definitions. 8.70.020 Camping. 8.70.030 Private Encroachment. 8.70.040 Operational Requirements. 8.70.050 Enforcement. 8.70.010 Definitions City Council Ordinance No. 2015-1342 Page 2 of 4 The definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this Chapter. "Camp" means to place, pitch, or occupy camp facilities, including recreational vehicles; to live temporarily in a camp facility or outdoors; or to use camp paraphernalia for the purpose of temporary human habitation. "Camp facilities" include, but are not limited to, tents, huts, vehicles, recreational vehicles, vehicle camping outfits, or temporary shelter. "Camp paraphernalia" includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags„ hammocks, or cooking facilities and similar equipment. "Personal use" means the use of private residential property by the property owner or by others with the property owner's permission and without the exchange of any form of compensation or remuneration. 8.70.020 Camping. A. Personal use of private residential property for camping may only be by the property owner or by others with the owner's written consent and without any form of compensation or remuneration. B. Such use shall not exceed seven consecutive days in duration, except during the period between Memorial Day and Labor Day when such use shall not exceed 14 consecutive days in duration. C. Camping may not occur more than four times per calendar year. D. A minimum of 14 days is required between each camping period. E. Where compensation or remuneration of any type is exchanged for the use of private residential property for camping, no camping shall occur on the property without the owner first obtaining a conditional use permit from the City pursuant to Chapter 17.168 of this Code and any other applicable requirements of this Code. 8.70.030 Private Encroachment. Notwithstanding section 8.70.020 of this Chapter, no person shall camp on or otherwise enter private property without the written consent of the private property owner. 8.70.040 Operational Requirements. A. In addition to any other applicable requirements of the Lake Elsinore Municipal Code, camping pursuant to this Chapter shall comply with all of the following operational requirements pertaining to camping: City Council Ordinance No. 2015-1342 Page 3 of 4 1. Portable restrooms with toilet facilities must be provided and accessible to campers on the private property and must comply with the California Plumbing Code. Restrooms at City -owned beaches and parks do not qualify for use by campers on private property. 2. Trash receptacles sufficient for the number of campers must be provided. 3. The private property where camping occurs must be kept in a clean and sanitary manner. 4. Trash and debris must be removed when camping ceases and must be disposed of in trash receptacles. 5. Dumping of any trash or litter into the lake water shall not be permitted. 6. Any outdoor storage of camping paraphernalia shall be not be permitted when not in use by campers. 7. Within the jurisdiction of the City, no permanent structures shall be permitted in the flood plain, including but not limited to, fencing. 8. Any use or placement of electrical cords shall be above the flood plain, if applicable. 9. All parking shall be on paved surfaces only and above the flood plain. 10. All uses pursuant to this Chapter shall comply with the noise regulations contained in Lake Elsinore Municipal Code Chapter 17.176. 11. Campfires associated with camping shall be in compliance with the requirements of this Code, adopted codes and State Law. 12. Docks, boats, and boat launching facilities and uses shall comply with all applicable regulations. B. Notwithstanding any other provision of this Chapter, camping shall not be permitted where such use violates any provision of this Code, adopted codes or State law. 8.70.050 Enforcement. Any violation of this Chapter constitutes a misdemeanor and a public nuisance. The City may enforce any violation of this Chapter by instituting a criminal, civil, administrative, or other action to abate such nuisance. These remedies are intended to be cumulative and may be used in conjunction with, or in lieu of, each other." City Council Ordinance No. 2015-1342 Page 4of4 SECTION 4. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Therefore, no environmental assessment is required or necessary. SECTION 6. Effective Date. This Ordinance shall be posted or published as required by law and shall take effect thirty (30) days after its adoption. APPROVED AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 28th day of July 2015 and adopted at the regular City Council meeting on the 11th day of August 2015 Steve Manos, Mayor ATTEST: Diana Giron, Acting City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney CITY OF LAKE LSINORL ` DRLAM FXTREME. REPORT TO CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: Grant Yates, City Manager DATE: August 11, 2015 SUBJECT: Amendment to the Joint Powers Agreement of the Western Riverside Council of Governments to add the Morongo Band of Mission Indians to the WRCOG Governing Board Recommendation Authorize the Mayor to execute the Amendment to the Joint Powers Agreement of the Western Riverside Council of Governments to add the Morongo Band of Mission Indians to the WRCOG governing board. Background The Western Riverside Council of Governments' (WRCOG) Executive Committee has contemplated adding tribes as WRCOG members since 2007. As further detailed in Attachment A, in 2013 the WRCOG Executive Committee approved adding the Morongo Band of Mission Indians (Morongo) as an ex -officio, non-voting member and entered into a Memorandum of Understanding (MOU) with Morongo. Most recently, on June 10, 2015, the WRCOG Administration & Finance Committee recommended to the Executive Committee that Morongo participate as a full voting member with the exception of Transportation Uniform Mitigation Fee [TUMF] issues. Subsequently, on July 6, 2015, the Executive Committee adopted WRCOG Resolution Number 19-15 to amend its bylaws to recognize the Morongo Band of Mission Indians as voting members. The Executive Committee also recommended that each member jurisdiction execute an amendment to the Joint Powers Agreement (JPA) with WRCOG to add Morongo to the Governing Board and authorize the execution of the MOU between the parties. Discussion WRCOG has requested the City of Lake voting member. WRCOG believes that County will be better positioned to ad Elsinore's support to add Morongo as a full time vith Morongo's involvement, Western Riverside tress the challenges of the region. The letter Agenda Date: 8/11/2015 In Control: City Council Agenda Number: 9) City of Lake Elsinore Text File File Number: ID# 15-718 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w lake-elsinore.org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 1 Printed on 8/6/2015 Amendment to WRCOG JPA to add Morongo Band of Mission Indians to the WRCOG Governing Board August 11, 2015 Page 2 of 2 requesting the City's support and proposed amendment to the JPA to add Morongo are available for review in Attachment B. Per the WRCOG Bylaws, an amendment to the WRCOG JPA to add Morongo to the Governing Board requires the approval and signatures of 2/3 of WRCOG's member jurisdictions. The City of Lake Elsinore has been a member of WRCOG since 1990. Staff's recommendation is for the City of Lake Elsinore to continue to demonstrate its support to the region by authorizing the Mayor to execute the proposed amendment to the JPA adding Morongo to the WRCOG Governing Board. Fiscal Impact None Prepared by: Nicole Dailey, Senior Management Analyst Approved by: Grant Yates, City Manager Attachment(s): A. Western Riverside Council of Governments Executive Committee Staff Report, July 6, 2015. B. Letter Extending MOU by Written Agreement and Amendment to the Joint Power Agreement of the Western Riverside Council of Governments to Add the Morongo Band of Mission Indians to the WRCOG Governing Board Item 6.D Western Riverside Council of Governments Executive Committee Staff Report Subject: Morongo Band of Mission Indians' Membership in WRCOG Contact: Rick Bishop, Executive Director, bishoDOwrcoq.coq.ca.us, (951) 955-8303 Date: July 6, 2015 Requested Actions: 1. Adopt WRCOG Resolution Number 19-15; A Resolution of the Executive Committee of the Western Riverside Council of Governments amending its Bylaws to Recognize the Morongo Band of Mission Indians as voting members. 2. Recommend that each member jurisdiction of the WRCOG subregion execute an Amendment to the Joint Powers Agreement of the Western Riverside Council of Governments to Add the Morongo Band of Mission Indians to the WRCOG Governing Board. 3. Authorize the WRCOG Executive Director to execute a Memorandum of Understanding between the Morongo Band of Mission Indians and the Western Riverside Council of Governments regarding Membership to the Governing Board of WRCOG. 4. Direct staff to continue to reach out to other tribes located in the subregion for purposes of participation in WRCOG. For several years, WRCOG has discussed including Tribes as WRCOG members. There are six Tribes in the WRCOG subregion. Three are gaming Tribes (Morongo, Pechanga, and Soboba), and three are non -gaming Tribes (Cahuilla, Ramona, and Santa Rosa). Each Tribe's total membership varies from hundreds to thousands, and each reservation varies in geographic size. The attached map shows each Tribe's location in relation to WRCOG's subregion. WRCOG's Executive Committee has from time to time contemplated adding Tribes, but it was not until a joint retreat of the Executive and the Technical Advisory Committees in 2007 when the issue of Tribal involvement in WRCOG resurfaced. It was at that time that staff was directed to meet with the various Tribes in the subregion. The matter was brought up partly because of the increased working relationships between the Tribes and Riverside County. As a direct result of these conversations, WRCOG staff provided a presentation to the Tribal Relations Task Force at the Torres Martinez Reservation regarding WRCOG, its roles, and responsibilities. Around the same time, the Executive Committee began to explore expansion to include other agencies in order to create synergies on issues of regional importance. In late 2007 WRCOG began to engage in dialogue and took steps to include the two largest water agencies in Western Riverside County (Eastern and Western Municipal Water Districts) on its Executive Committee. By 2008, both Eastern and Western Water Districts were sitting on the Executive Committee as ex -officio members on a one-year trial basis. In May of 2009, WRCOG admitted both Eastern and Western Municipal Water Districts as voting members on the Executive Committee (no voting rights on TUMF issues). Following the expansion of WRCOG to include water agencies, the Executive and Technical Advisory Committees met during a retreat in January 2010. At that time a recommendation to include the Riverside County Superintendent of Schools on the Executive Committee was approved. Later in the year, the Executive Committee brought aboard the Riverside County Superintendent of Schools as an ex -officio member. During WRCOG's General Assembly in June 2012, Tribal Councilmember Charles Martin approached then WRCOG Chairman Jim Hyatt about adding the Morongo Band of Mission Indians to the Executive Committee of WRCOG. Tribal Councilmember Martin explained that Morongo served on two of the Southern California Association of Government's subcommittees, including the Transportation and Human Development Committees. Tribal Councilmember Martin also indicated that since Morongo served on a larger regional scale, it would make sense to have Morongo join its local regional jurisdiction, WRCOG. On April 10, 2013, WRCOG's Administration & Finance Committee recommended that the Executive Committee consider adding the Morongo Band of Mission Indians to the Executive Committee as an ex -officio member for a trial period (as had been the case with the water districts and the Superintendent of Schools). On April 16, 2013, the Executive Committee approved the recommendation, and a Memorandum Of Understanding with Morongo was entered into subsequent to the Executive Committee's direction on June 14 2013. The Morongo Chairman (Robert Martin) has served as the Tribe's representative to WRCOG since that time. Michael Milhiser has served on the WRCOG Technical Advisory Committee. Recently, Morongo has expressed an interest in participating in WRCOG in the same manner that the two water districts do (full time voting members except on TUMF items). The Administration & Finance Committee discussed membership and, on June 10, 2015, recommended that the Executive Committee approve its request to provide for the Morongo Band of Mission Indians to participate on WRCOG as a full voting member (except on TUMF items). The Administration & Finance Committee also recommended that WRCOG staff continue to reach out to the other tribes in the subregion regarding participation on WRCOG. Prior WRCOG Actions: June 10, 2015: The WRCOG Administration & Finance Committee directed staff and legal counsel to pursue the issue of full voting membership (with the exception of TUMF Program matters) on WRCOG for the Morongo Band of Mission Indians, and directed staff to continue to reach out to other tribes in the subregion regarding participation on WRCOG. June 14, 2013: The WRCOG Executive Committee directed the WRCOG Executive Director to enter into a Memorandum of Understanding with the Morongo Band of Mission Indians to join WRCOG as an ex -officio, non-voting member. April 16, 2013: The WRCOG Executive Committee approved adding the Morongo Band of Mission Indians as an ex -officio, non-voting member, and continue to extend an invitation to all other Western Riverside County Tribes to join as well. March 13, 2013: The WRCOG Administration & Finance Committee recommended that the WRCOG Executive Committee consider approving the Morongo Band of Mission Indians as a WRCOG ex -officio member. WRCOG Fiscal Impact: As a full-time member, membership dues would increase to $17,000. Attachments: 1. Map of Tribes in Western Riverside County. 2. Memorandum of Understanding between the Morongo Band of Mission Indians and the Western Riverside Council of Governments. 3. Letter Extending MOU by Written Agreement. 4. Amendment to the Joint Powers Agreement of the Western Riverside Council of Governments to Add the Morongo Band of Mission Indians to the WRCOG Governing Board. 5. Memorandum of Understanding between the Morongo Band of Mission Indians and the Western Riverside Council of Governments Regarding Membership to the Governing Board of WRCOG. 6. WRCOG Resolution Number 19-15, a Resolution of the Executive Committee of the Western Riverside Council of Governments Amending its Bylaws to recognize the Morongo Band of Mission Indians as Voting Members. County of Riverside • City of Banning • Chy of CaLlmesa • City of Canyon Lake • City of Corona • City of East ale • City of Hemel • City of Jurupo Volley City of Lake Elsinore • City of Menifee • City of Moreno Valley • City of Murrieta • Chy of Name • Cily of Perris • City of Riverside • City of SonJacina City of Temecula • City of Wlldomar • Eastern Municipal Water District • Western Municipal Water District • Morongo Band of Mission Indians Riverside County Superintendent of Schools June 11, 2014 Robert Martin, Tribal Chairperson Morongo Band of Mission Indians 12700 Pumarra Road Banning, CA 92220 Subject: Letter Extending MOU by Written Agreement Dear Mr. Martin: On June 4, 2013, the MORONGO BAND OF MISSION INDIANS ("Morongo") and the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS ("WRCOG") entered into a MEMORANDUM OF UNDERSTANDING ("MOU") which set forth the understanding of the parties regarding Morongo's position as an ex -officio, non-voting member of WRCOG in order to help address the challenges of the region. Pursuant to section 3 of the MOU, Morongo and WRCOG may extend the ex -officio arrangement by written agreement. This letter of extension constitutes Morongo and WRCOG's mutual written agreement to extend the ex -officio arrangement through June 30, 2015, unless earlier terminated as provided in the MOU. To affirm and agree to the extension of Morongo's position as an ex -officio, non-voting member of WRCOG, as set forth in this letter, please sign and return this letter to WRCOG. Sincerely, By:D� J ff Sion C ir, E t e Committee Affirmed and Agreed MORONGO B D OF MISSION INDIANS `, / Robert Martin Tribal Chairperson 1080 Lemon Sifeet, 3rd Hoof Annex, MS 1032 • Rverside, CA 92501-3609 • (9511 955-7985 • Fox 195 11787-7991 • www.wrcog cog.caus County of Riverside • Cily of Banning • City of Cali mesa • City of Canyon take • City of Corona • City of EosNole • City of Hemel • City of jumpa Valley City of take Elsinore • City of Men ilee • City of Moreno Volley • City of Murrieta • Ciy of Norco • City of Perris • Cry of Riverside • City of Son Jacinto City of Temecula • City of Wildomor • Eastern Municipal Water District • Western Municipal Water District • Morongo Band of Mission Indians Riverside County Superintendent of Schools AMENDMENT TO THE JOINT POWERS AGREEMENT OF THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS TO ADD THE MORONGO BAND OF MISSION INDIANS TO THE WRCOG GOVERNING BOARD This Amendment to the Joint Powers Agreement ("Amendment') is made and entered into on the 6th day of July, 2015, by and between seventeen cities located within western Riverside County and the County of Riverside (collectively the "Parties"). RECITALS WHEREAS, the Parties have entered into a Joint Powers Agreement on April 1, 1991, and through subsequent amendments thereto (the "JPA"), to form the Western Riverside Council of Governments ("WRCOG"); and WHEREAS, the Morongo Band of Mission Indians ("Morongo") has approached WRCOG to express that their involvement in WRCOG will be beneficial to both WRCOG member agencies and Morongo; and WHEREAS, Morongo and WRCOG believe that by working together Western Riverside County will be better positioned to address challenges of the region; and WHEREAS, WRCOG agrees and strongly supports coordination with Morongo, and believes that permitting Morongo membership on the WRCOG Governing Body is the best manner which would most efficaciously serve the interests of the WRCOG member agencies and Morongo; and WHEREAS, pursuant to Government Code sections 6500 et seq., the Parties to the JPA desire to amend the JPA to add Morongo to the Governing Body of WRCOG. MUTUAL UNDERSTANDINGS NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter stated, the Parties hereto agree as follows: Section 1: Sections 2.4.1 and 2.4.2 to the JPA are hereby amended to read as follows: 2.4.1. WRCOG shall be governed by a General Assembly with membership consisting of the appropriate representatives from the County of Riverside, each city which is a signatory to this Agreement, the Western Municipal Water District, the Eastern Municipal Water District, and the Morongo Band of Mission Indians ("Morongo'), the number of which shall be determined as hereinafter set forth. The General Assembly shall meet at least once annually, preferably scheduled in the evening. Each member agency of the General Assembly shall have one vote for each mayor, council member, county supervisor, water district board member, and tribal council member present at the General Assembly. The General Assembly shall act only upon a majority of a quorum. A quorum shall consist of a majority of the total authorized representatives, provided that members representing a 4080 Lemon Streel, 3rd Floor Annex, MS 1032 • Riverside, CA 92501-3609 • (95 11 955-7985 0 lax 19511 7877991 Mona COO co. us majority of the member agencies are present. The General Assembly shall adopt and amend by-laws for the administration and management of this Agreement, which when adopted and approved shall be an integral part of this Agreement. Such by-laws may provide for the management and administration of this Agreement. 2.4.2. There shall be an Executive Committee which exercises the powers of this Agreement between sessions of the General Assembly. Members of the Executive Committee shall be the Mayor from each of the member cities, four members of the Riverside County Board of Supervisors, the President of each Water District, and the Tribal Chairman of Morongo; the remaining member of the Board of Supervisors shall serve as an alternate, except any City Council, at its discretion, can appoint a Mayor Pro Tem or other City Council member in place of the Mayor, each water district board, at its discretion, can appoint another Board member in place of the President, and the Tribal Council of Morongo, at its discretion, can appoint another Tribal Council member in place of the Tribal Chairman. The Executive Committee shall act only upon a majority of a quorum. A quorum shall consist of a majority of the member agencies. Membership of Morongo on the General Assembly and Executive Committee of WRCOG shall be conditioned on Morongo entering into a separate Memorandum of Understanding with WRCOG. Section 2: Section 2.18 of the JPA is hereby amended to read as follows: 2.18 TUMF Matters —Water Districts and Morongo. Pursuant to this JPA, WRCOG administers the Transportation Mitigation Fee ("TUMF") for cities in Western Riverside County. The fee was established prior to the Water District's and Morongo's involvement with WRCOG and will fund transportation improvements for the benefit of the County of Riverside and the cities in Western Riverside County. As such, the Western Municipal Water District, the Eastern Municipal Water District, and Morongo General Assembly and Executive Committee members shall not vote on any matter related to the administration of the TUMF Program or the expenditure of TUMF revenues. Section 3: Section 3.5 of the JPA is hereby amended to read as follows: 3.5 Contributions from Water Districts and the Morongo Band of Mission Indians. The provision of section 3.4 above shall be inapplicable to the Western Municipal Water District, the Eastern Municipal Water District, and Morongo. The amount of contributions from these water districts and Morongo shall be through the WRCOG budget process. Section 4: This Amendment is to become effective upon execution by not less than two-thirds (2/3) of all the parties that are currently signatories to the JPA. Section 5: All other provisions and terms of the JPA are to remain unchanged. Section 6: This Amendment may be executed in counterparts. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed and attested by their officers thereunto duly authorized as of the date first above written. [SIGNATURES ON FOLLOWING PAGES] ATTEST: Clerk of the Board of Supervisors By: Dated: ATTEST: City Clerk City of Banning By: Dated: ATTEST: City Clerk City of Calimesa By: Dated: ATTEST: City Clerk City of Canyon Lake By: Dated: COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors CITY OF BANNING By: Mayor CITY OF CALIMESA By: Mayor CITY OF CANYON LAKE By: Mayor ATTEST: City Clerk City of Corona By: Dated: ATTEST: City Clerk City of Eastvale By: Dated: ATTEST: City Clerk City of Hemet By: Dated: ATTEST: City Clerk City of Jurupa Valley By: Dated: CITY OF CORONA By: Mayor CITY OF EASTVALE By: Mayor CITY OF HEMET By: Mayor CITY OF JURUPA VALLEY By: Mayor ATTEST: City Clerk City of Lake Elsinore By: Dated: ATTEST: City Clerk City of Menifee By: Dated: ATTEST: City Clerk City of Moreno Valley By: Dated: ATTEST: City Clerk City of Murrieta By: Dated: CITY OF LAKE ELSINORE By: Mayor CITY OF MENIFEE By: Mayor CITY OF MORENO VALLEY By: Mayor CITY OF MURRIETA By: Mayor ATTEST: City Clerk City of Norco By: Dated: ATTEST: City Clerk City of Perris By: Dated: ATTEST: City Clerk City of Riverside By: Dated: ATTEST: City Clerk City of San Jacinto By: Dated: CITY OF NORCO By: Mayor CITY OF PERRIS By: Mayor CITY OF RIVERSIDE By: Mayor CITY OF SAN JACINTO By: Mayor ATTEST: City Clerk City of Temecula By: Dated: ATTEST: City Clerk City of Wildomar By: Dated: CITY OF TEMECULA la Mayor CITY OF WILDOMAR By: Mayor Agenda Date: 8/11/2015 In Control: City Council Agenda Number: 10) City of Lake Elsinore Text File File Number: ID# 15-719 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 1 Printed on 8/6/2015 CITY Or ^ LADE LLSIA0R,E VV DREAM EXTREME. REPORT TO CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: Grant Yates, City Manager DATE: August 11, 2015 SUBJECT: Second Readina and Adoption of Ordi Private Residential Property and Camping -Related Land Uses Recommendation It is recommended that the City Council waive further reading and adopt by title only ORDINANCE NO. 2015-1342 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE REGARDING CAMPING ON PRIVATE RESIDENTIAL PROPERTY AND CAMPING -RELATED LAND USES by roll call vote. Discussion On July 28, 2015, this Ordinance was introduced and approved to delete Subsections 17.148.140 (C) and Section 17.200.070 and add new Chapter 8.70 Camping on Private Property. Prepared by: Diana Giron, Acting City Clerk Approved by: Grant Yates, City Manager Attachment: Ordinance No. 2015-1342 Camping on Private Property ORDINANCE NO. 2015-1342 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE REGARDING CAMPING ON PRIVATE RESIDENTIAL PROPERTY AND CAMPING -RELATED LAND USES WHEREAS, the City of Lake Elsinore ("City") is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; WHEREAS, the City has been long known for its lake and other natural beauty, which attracts visitors and residents alike who sometimes wish to enjoy the scenery by camping; WHEREAS, the City has designated traditional campgrounds and recreational vehicle parks designed with proper amenities for use by visitors and residents and such sites are regulated for the health, safety and general welfare of the public; WHEREAS, the City Council recognizes the right of private residential property owners to make personal use of their residential property for occasional camping for personal use; WHEREAS, the City Council finds necessary additional regulations for commercial and non -personal use of private residential property for camping purposes to better protect property, the natural beauty and integrity of the City, and the life, health and general welfare of the public; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Subsection 17.148.140(C) of the Lake Elsinore Municipal Code is hereby deleted SECTION 2. Section 17.200.070 of the Lake Elsinore Municipal Code is hereby deleted in its entirety. SECTION 3. Chapter 8.70 is hereby added to the Lake Elsinore Municipal Code to read as follows: "CHAPTER 8.70 — Camping on Private Property 8.70.010 Definitions. 8.70.020 Camping. 8.70.030 Private Encroachment. 8.70.040 Operational Requirements. 8.70.050 Enforcement. 8.70.010 Definitions City Council Ordinance No. 2015-1342 Page 2 of 4 The definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this Chapter. "Camp" means to place, pitch, or occupy camp facilities, including recreational vehicles; to live temporarily in a camp facility or outdoors; or to use camp paraphernalia for the purpose of temporary human habitation. "Camp facilities" include, but are riot limited to, tents, huts, vehicles, recreational vehicles, vehicle camping outfits, or temporary shelter. "Camp paraphernalia" includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, or cooking facilities and similar equipment. "Personal use" means the use of private residential property by the property owner or by others with the property owner's permission and without the exchange of any form of compensation or remuneration. 8.70.020 Camping. A. Personal use of private residential property for camping may only be by the property owner or by others with the owner's written consent and without any form of compensation or remuneration. B. Such use shall not exceed seven consecutive days in duration, except during the period between Memorial Day and Labor Day when such use shall not exceed 14 consecutive days in duration. C. Camping may not occur more than four times per calendar year. D. A minimum of 14 days is required between each camping period. E. Where compensation or remuneration of any type is exchanged for the use of private residential property for camping, no camping shall occur on the property without the owner first obtaining a conditional use permit from the City pursuant to Chapter 17.168 of this Code and any other applicable requirements of this Code. 8.70.030 Private Encroachment. Notwithstanding section 8.70.020 of this Chapter, no person shall camp on or otherwise enter private property without the written consent of the private property owner. 8.70.040 Operational Requirements. A. In addition to any other applicable requirements of the Lake Elsinore Municipal Code, camping pursuant to this Chapter shall comply with all of the following operational requirements pertaining to camping: City Council Ordinance No. 2015-1342 Page 3 of 4 1. Portable restrooms with toilet facilities must be provided and accessible to campers on the private property and must comply with the California Plumbing Code. Restrooms at City -owned beaches and parks do not qualify for use by campers on private property. 2. Trash receptacles sufficient for the number of campers must be provided. 3. The private property where camping occurs must be kept in a clean and sanitary manner. 4. Trash and debris must be removed when camping ceases and must be disposed of in trash receptacles. 5. Dumping of any trash or litter into the lake water shall not be permitted. 6. Any outdoor storage of camping paraphernalia shall be not be permitted when not in use by campers. 7. Within the jurisdiction of the City, no permanent structures shall be permitted in the flood plain, including but not limited to, fencing. 8. Any use or placement of electrical cords shall be above the flood plain, if applicable. 9. All parking shall be on paved surfaces only and above the flood plain. 10. All uses pursuant to this Chapter shall comply with the noise regulations contained in Lake Elsinore Municipal Code Chapter 17.176, 11. Campfires associated with camping shall be in compliance with the requirements of this Code, adopted codes and State Law. 12. Docks, boats, and boat launching facilities and uses shall comply with all applicable regulations. B. Notwithstanding any other provision of this Chapter, camping shall not be permitted where such use violates any provision of this Code, adopted codes or State law. 8.70.050 Enforcement. Any violation of this Chapter constitutes a misdemeanor and a public nuisance. The City may enforce any violation of this Chapter by instituting a criminal, civil, administrative, or other action to abate such nuisance. These remedies are intended to be cumulative and may be used in conjunction with, or in lieu of, each other." City Council Ordinance No. 2015-1342 Page 4 of 4 SECTION 4. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Therefore, no environmental assessment is required or necessary. SECTION 6. Effective Date. This Ordinance shall be posted or published as required by law and shall take effect thirty (30) days after its adoption. APPROVED AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 28th day of July 2015 and adopted at the regular City Council meeting on the 11th day of August 2015 Steve Manos, Mayor ATTEST: Diana Giron, Acting City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney � ,E S111i?Itl:: Agenda Date: 8/11/2015 In Control: City Council Agenda Number: 11) City of Lake Elsinore Text File File Number: ID# 15-720 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 1 Printed on 8/6/2015 CITY OF LADE LSII`IORE DREAM EXTREME, CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Honorable Mayor and City Council Members FROM: Grant Yates, City Manager DATE: August 11, 2015 PROJECT: Presentation of Development Projects, Economic Development Activity and an Economic Development Program in the City of Lake Elsinore Recommendation Staff recommends that the City Council: 1. Accept a presentation from staff regarding development projects, economic development activity and program, provide comments, and receive and file. Discussion This item was requested by Council Member Johnson to identify economic development activity and the City's plans for its economic development program. The City of Lake Elsinore has experienced significant development interest and activity in the last two years resulting in a number of pending projects that are either under construction, in plan check or in the entitlement process. The City Council has identified economic development as a top priority and directed staff to work with the Chamber of Commerce and DMG Economics to further economic development activity and pursue an economic development program in the City of Lake Elsinore. The economic development team of Grant Taylor, Michael Bracken and Kim Cousins will present a brief power point presentation on development projects, economic development activity and an economic development program. Successor Agency Regular Agenda August 11, 2015 CALL TO ORDER - 7:00 P.M. ROLL CALL PRESENTATIONS / CEREMONIALS - None PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE (Please read & complete a Request to Address the Successor Agency form prior to the start of the meeting and tum it in to the Clerk. The Chair or Clerk 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.) 1) ID# 15-709 Approval of Minutes Recommendation: It is recommended that the Successor Agency approve Minutes as submitted. Attachments: SA Staff Rot Minutes for Approval.pdf SA Minutes 7-28-2015.pdf PUBLIC HEARING(S) - None APPEALS) - None BUSINESS ITEM(S) - None ADJOURNMENT The Lake Elsinore Successor Agency will adjourn this meeting to the next regularly scheduled meeting of Tuesday, August 25, 2015. The regular Closed Session meeting will be held at 5:00 p.m. at the 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. AFFIDAVIT OF POSTING I, Diana Giron, Acting Agency 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. Diana Giron, Acting Agency Clerk City of Lake Elsinore Page 2 Printed on 81612015 i I P, OF Ltl ^1,-,[ 1`AC?TSL au.rAM 6RYnUnc City of Lake Elsinore Regular Agenda Successor Agency STEVE MANOS, CHAIR BRIAN TISDALE, VICE -CHAIR NATASHA JOHNSON, AGENCYMEMBER DARYL HICKMAN, AGENCY MEMBER ROBERTMAGEE,AGENCYMEMBER GRANT YATES, EXECUTIVE DIRECTOR LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, August 11, 2015 7:00 PM Cultural Center CLOSED SESSION - None PUBLIC SESSION at 7:00 PM Cultural Center 183 N. Main St., 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 8/6/2015 City Council Regular Agenda August 11, 2015 11) ID# 15-720 Presentation of Development Protects, Economic Development Activity and an Economic Development Program in the City of Lake Elsinore Recommendation: Staff recommends that the City Council accept a presentation from staff regarding development projects, economic development activity and program, provide comments, and receive and file. Attachments: Economic Development Presentation - CC Staff Report8-11-15.pdf 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 in to. the Acting City Clerk. The Mayor or Acting City Clerk will call on you to speak.) CITY MANAGER COMMENTS *Lake Watch 2015 CITY ATTORNEY COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn this meeting to the next regularly scheduled meeting of Tuesday, August 25, 2015. The regular Closed Session meeting will be held at 5:00 p.m. at the 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. AFFIDAVIT OF POSTING I, Diana Giron, Acting 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. Diana Giron, Acting City Clerk City of Lake Elsinore Page 6 Printed on 8/6/2015 City Council Regular Agenda August 11, 2015 8) ID# 15-717 Award Construction Contract to ATOM Engineering Construction, Inc. for City Entry Monument Signs at 1-15/Franklin Street Overcrossing and at 1-15/Nichols Road Overcrossing,CIP Project No. Z30005 Recommendation: It is recommended that the City Council: A.) Approve and award the Agreement for Public Works Construction to AToM Engineering Construction, Inc. in the amount of $246,398 for the Interstate 15 at Franklin Street Overcrossing and Nichols Road Overcrossing Project, and authorize the City Manager to execute the Agreement in substantially the form and in such final form as approved by the City Attorney. B.) Authorize the City Manager to execute contract change orders not to exceed 15% of the total Agreement, pursuant to requirements set forth in the construction agreement. C.) Authorize the Director of Public Works to record the Notice of Completion once it is determined the work is complete and the improvements are accepted. Attachments: Agreement AToM Engineering Construction Services Staff Report - City Entry Monument Signs Prosect 9) ID# 15-718 Amendment to the Joint Powers Areement of the IAFeVIi Rive side Council o7 Governiti ents to add the Morongo Band of Mission Indians to the WRCOG Governing Board Recommendation: It is recommended that the City Council authorize the Mayor to execute the Amendment to the Joint Powers Agreement of the Western Riverside Council of Governments to add the Morongo Band of Mission Indians to the WRCOG governing board. Attachments: Staff Report - Amendment to the WRCOG JPA - 2015 Attachment. A WRCOG Fxecutive Committee Staff Report from July 6, 2015 Attachment B LetterExtendin MOU and Amendment to JPA adding Morongo t PUBLIC HEARING(S) - None APPEAL(S) - None BUSINESS ITEM(S) 10) ID# 15-719 Second Reading and Adoption of Ordinance No. 2015-1342 Amending the Lake Elsinore Municipal Code Regarding Camping on Private Residential Property and Camping -Related Land Uses Recommendation: It is recommended that the City Council waive further reading and adopt by title only ORDINANCE NO. 2015-1342 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE REGARDING CAMPING ON PRIVATE RESIDENTIAL PROPERTY AND CAMPING -RELATED LAND USES by roll call vote. Attachments: Staff Report - Second Reading of Ordinance - Camping.pdf Ord. No. 2015-1342. - Camping.pdf City of Lake Elsinore Page 5 Printed on 916/2015 City Council Regular Agenda August 11, 2015 5) 6) 7) ID# 15-714 Award of Public Works Construction Contract for FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 2a Proiect No: Z10008 Recommendation: It is recommended that the City Council: A.) Award the Public Works Construction Agreement for the FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 2A to Hardy & Harper, Inc. B.) Approve and authorize the City Manager to execute the Agreement in the amount of $161.062 to Hardy & Harper, Inc. in substantially the form and in such final form as approved by the City Attorney. C.) Authorize the City Manager to execute change orders not to exceed the 15% contingency amount of $24,159 for adjustment in bid quantities. D.) Authorize the Director of Public Works to record the Notice of Completion once it is determined the work is complete and the improvements are accepted into the City's maintained system. Attachments: Staff Report - Award Citywide Pavement Rehabilitation Program Phase 2A Hardy & Harper Public Works Construction Agreement Exhibit A - Street Listing ID# 15-715 Approval of Final Map 31920-12 Recommendation: It is recommended that City Council: A.) Approve Final Map 31920-12 subject to the City Engineer's acceptance as being true and correct. B.) Authorize the City Clerk to sign the map and arrange for the recordation of Final Map 31920-12. C.) Authorize the City Manager to sign the subdivision agreement in such form as approved by the City Engineer and City Attorney to secure completion of the public improvements. Attachments: Staff Report - Final Map TR 31920-12 Vicini_..ity._Map Final Map Index ID# 15-716 Agreement for Contract Services ((On -Call) for Annual Traffic Striping Maintenance Program - Project No; Z10004 Recommendation: It is recommended that the City Council: A.) Award Agreement for Contractor Services (On -Call) to J & S Striping Company, Inc. for the Annual Traffic Striping Maintenance Program. B.) Approve and authorize the City Manager to execute the Agreement in the annual amount not to exceed $175,000 to J & S Striping Company, Inc., based on unit prices for work performed, in substantially the form attached and in such final form as approved by the City Attorney. Attachments: Staff Report - Annual Traffic Striping Maintenance_ Program (On -Call) For Annual Traffic Striping Maintenance „Program - Final City of Lake Elsinore Page 4 Printed on 8/6/2095 City Council Regular Agenda August 11, 2015 2) 3) 4) Attachments: City Staff Report 8-11-15 Warrant Summary City 07 30 15 Warrant_ List City 07 30 15 ID# 15-711 Approve and Authorize the City Manager to Execute a Second Amendment to Professional Services Agreement Between ProStaff LLC and the City of Lake Elsinore Recommendation: Staff recommends the City Council approve the second amendment to the professional services agreement and authorize the City Manager to execute the second amendment in the amount of Sixty Thousand Dollars and no cents ($60,000.00) between ProStaff LLC and the City of Lake Elsinore for temporary maintenance consulting. Attachments: ProStaff 2nd Amendment Staff Report.2 ProStaff LLC 2nd Amendment Professional Services Agmt 2015.2 Prostaff Agreement v2 ProStaff LLC 1st Amendment Professional „Services Agmt 2015 ID# 15-712 Commercial Design Review No. 2014-12 - A Request to Demolish the Existing Gas Station and Convenience Store at 301 N. Main Street and to Relocate the Adjacent Single -Family Dwelling Unit to Another Lot within the Historic District; In Order to Construct a New 4,009 Square -Foot Convenience Store with a 4.365 Square -Foot Fueling Station. Recommendation: The Planning Commission recommends that the City Council adopt Resolution No. 2015-075; A Resolution of the City Council of the City of Lake Elsinore Approving Commercial Design Review No. 2014-12. Attachments: CDR NO. 2014-12 - CC Staff Report - 8-11-15 CDR NO. 2014-12 - Aerial Ma 7-21-15 CDR NO. 2014-12 - CC CDR Resolution - 8-11-15 CDR NO. 2014-12 - CC Conditions of Approval 8-11-15 CDR NO. 2014-12 - Plans (11x17) 8-11-15 CDR NO. 2014-12 - Color Elevations 7-21-15 CDR NO. 2014-12 - Historic Inventory Descriptions 7-21-15 CDR NO. 2014-12 - PC Staff Report 7-21-15 ID# 15-713 Agreement for Professional Services for Design of Lakeshore Drive Parking Lot, Project No. Z10027 Recommendation: it is recommended that the City Council: A.) Award Agreement for Professional Services to SB&O, Inc. for the Lakeshore Drive Parking Lot project. B.) Approve and authorize the City Manager to execute the Agreement in the amount of $40,000 to SB&O, Inc., in substantially the form and in such final form as approved by the City Attorney. Attachments: Staff Re ort DRAFT SB&O Lakeshore Parking Lot Attachment A - SB&O PSA Lakeshore -Dr Parking Lot, No, 210027 Attachment B - Map City of Lake Elsinore Page 3 Printed on 81612015 City Council Regular Agenda August 11, 2015 CALL TO ORDER 5:00 P.M. ROLL CALL CITY COUNCIL CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL--AN-1 ICIPA I EU LI I IVA I ION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9: 2 potential cases 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 1 CEREMONIALS **Cops for Kids Presentation by Executive Director, Dave Fontneau **2015 Summer Explorers Day Camp Presentation by Community Services Director Skinner 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 tum it into the Acting City Clerk. The Mayor or Acting 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# 15-710 Warrant List Dated July 30, 2015 Recommendation: It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated on July 30, 2015. City of LakeElsinore Page 2 Printed on 8/6/2015 Ldll{L LSII 1t�I�L ren{: +..V. c;41l212a I: City of Lake Elsinore Regular Agenda City Council STEVE MANOS, MAYOR BRIAN TISDALE, MAYOR PRO TEM DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER NATASHA JOHNSON, COUNCIL MEMBER GRANT YATES, CITY MANAGER LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, August 11, 2015 7:00 PM Cultural Center CLOSED SESSION at 5:00 PM PUBLIC SESSION at 7:00 PM Cultural Center 183 N. Main St., 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 VISION STATEMENT The City of Lake Elsinore will be the ultimate lake destination where all can live, work and play, build futures and fulfill dreams. City of Lake Elsinore Page 1 Printed on 81612015 AGENDA COVER SHEET MEETING OF 1,5' City Council ® R�edei lepnt Agency F-1 Other DEPARTMENT: CONSENT: IV1,zi c4 c� APPEAL Eil BUSINESS: F7 RESOLUTION: F-1 ORDINANCES F—] PUBLIC HEARING ATTACHMENTS: Report emailed to Clerk I a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 0 FOLLOW UP DIRECTION: l a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 1 a a a a a a a a a a a a a a a a Submitted by: Date: _ 7 Approved by: Department Head: Date: Finance Director: Date: City Manager: Date: CITY LAKE = L I_11IkL y\ 1_>1Zt.Ah1 I�`1'I�i:t�1t REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: Honorable Chair and Members of the Successor Agency FROM: Diana Giron, Agency Clerk DATE: August 11, 2015 SUBJECT: Approval of Minutes Recommendation It is recommended that the Successor Agency approve Minutes as submitted. Discussion The following minutes are submitted for approval: a. Regular Successor Agency meeting of July 28, 2015 Prepared and Submitted by: Diana Giron Acting City Clerk Approved by: Grant Yates Executive Director Attachment: Draft Minutes of July 28, 2015 CI TY DI _._,.. l WF) , J��: onrt Tuesday, July 28, 2015 CALL TO ORDER -.7:00 P.M. City of Lake Elsinore Meeting Minutes Successor Agency STEVE MANOS, CHAIR BRIAN TISDALE, VICE -CHAIR NATASHA JOHNSON, AGENCY MEMBER DARYL HICKMAN, AGENCY MEMBER ROBERTMAGEE,AGENCYMEMBER GRANT YATES, EXECUTIVE DIRECTOR Chair Manos called the meeting to order at 7:58 p.m. ROLL CALL LAKE_-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 PRESENT: Agency Member Hickman, Agency Member Johnson, Agency Member Magee, Vice Chair Tisdale, and Chair Manos Also present: Executive Director Yates, Agency Counsel Leibold, Community Development Director Taylor, Interim Public Works Director Smith, Fiscal Officer Buckley, Police Chief Hollingsworth, Fire Chief Newman, and Deputy City Clerk Gir6n PRESENTATIONS ( CEREMONIALS - None PUBLIC COMMENTS —.None CONSENT CALENDAR 1) ID# 15-684 Approval of Minutes Attachments: SA Staif Rpt Minutes for Approval SA 7-14-2015 Minutes 2) ID# 15-685 Warrant List Dated July 16, 2015 Attachments: Warrant List for RDV Aaencv 07 28 15 Cultural Center SA RDA Warrant Summaly 07 16 15.pdf SA RDA Warrant List 07 16 15.odf It is recommended that the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Warrant List dated July 16, 2015, 3) ID# 15-686 Resolution Confirming Fiscal Year 2015-16 Special Taxes for CFD No 90-2 (Tuscany Hills Public Improvements) City of Lake Elsinore Page 1 Successor Agency Meeting Minutes Attachments: Staff Repo for July 28 2015 CC CFD 90-2 SA2, SA Reso CFD 90-2 SA2 072815 July 28, 2015 It is recommended that the City Council as the Successor Agency to the Redevelopment Agency of the City of Lake Elsinore adopt a resolution requesting the Tax Collector of the County of Riverside to place special taxes on properties within CFD No. 90-2 for Fiscal Year 2015-16. Motion by Agency Member Hickman, second by Vice Chair Tisdale, to approve the Consent Calendar, passed by unanimous vote as follows: AYES Agency Member Hickman, Vice Chair Tisdale, Agency Member Johnson, Agency Member Magee, and Chair Manos NOES None ABSENT: None ABSTAIN: None PUBLIC HEARING(S) - None BUSINESS ITEM(S) 4) ID# 15-687 Resolution of the Board of Direcrtors of the Successor Agency to the Redevelopment Agency of the City of Lake Elsinore Approving the Form of the Preliminary Official Statement for the 2015 Bonds to Deem it Final Under Rule 150-12 Approving a Continuing Disclosure Certificate and Irrevocable Refunding Instructions Relating to the 2015 Bonds and Authorizing Certain Other Actions in Connection Therewith Attachments: Lake Elsinore (Successor Agency) 2015 Ref TABS Staff Report.l DOCSOC 1704409v6 - SA Resolution Approving POS POS - Lake Elsinore 2015 TAB Refunding It is recommended that the Successor Agency Adopt Resolution No. SA -2015-004 approving the form of the Preliminary Official Statement, Continuing Disclosure Certificate, and authorizing certain other actions in connection therewith. Fiscal Officer Buckley introduced John Kim, Bond Underwriter, Mr. Kim provided an overview of the staff report and recommendation. He explained the transaction is to refinance approximately $7.2 million of two (2) outstanding bond issues completed in 2011. Based on the current market conditions, it is anticipated that over the life of the remaining bonds there will be approximately $2.1 million of overall savings generated that can be used to distribute among various taxing entities such as the school district, City, and other entitles in the area. With this refinancing there will not be any change to the original final maturity of term of the 2011 bonds. Mr. Kim stated they expect the bonds to go to the market in the middle of August and to close and set interest rates by the end of August. City of Lake Elsinore Page 2 Successor Agency Meeting Minutes Motion by Vice Chair Tisdale, second by Agency Member Johnson, to adopt Resolution No. SA -2015-004 a Resolution of the Successor Agency to the Redevelopment Agency of the City of Lake Elsinore, California, Approving the Form of the Preliminary Official Statement for the 2015 Bonds to Deem it Final Under Rule 15c2-12, Approving a continuing Disclosure Certificate and Irrevocable Refunding Instructions Relating to the 2015 Bonds and Authorizing Certain Other Actions in Connection Therewith. July 28, 2015 Mayor Manos asked Mr. Kim to explain the action taken by the Successor Agency and why the Agency is taking this action. Mr. Kim explained that the prior Redevelopment Agency had issued debt for economic development activities throughout the City and around the lake. A couple of transactions issued in 2011, approximately $10 million in total, that were used for economic development projects. With the dissolution of redevelopment there is no more availability for additional projects, but there is still an opportunity to refinance the existing debt that the prior Redevelopment Agency issued. Mr. Kim stated that by refinancing the existing debt for a lower interest rate it creates more property tax savings that will go back into the community. Agency Counsel Leiboid explained the purpose of the redevelopment dissolution is to lower the obligations on the Agency's ROPS (Recognized Obligation Payment Schedule). To the extent that the Agency can reduce the obligations paid with the RPTF (Real Property Trust Fund), that savings is passed on and distributed to all the affected taxing entities, which includes the school district, the City, and water district. The motion passed by unanimous vote as follows: AYES Vice Chair Tisdale, Agency Member Johnson, Agency Member Hickman, Agency Member Magee, and Chair Manos NOES None ABSENT: None ABSTAIN: None ADJOURNMENT Chair Manos adjourned the Successor Agency meeting at 8:04 p.m, to the next regularly scheduled meeting of Tuesday, August 11, 2015. Steve Manos, Chair Diana Gir6n, Deputy Agency Clerk City of Lake Elsinore Page 3