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HomeMy WebLinkAboutCC & SA Regular Agenda Packet 05-10-2016LhKE 1 SII1C�1 L rn:. n:,�: City of Lake Elsinore Regular Agenda City Council BRIAN TISDALE, MAYOR ROBERT MAGEE, MAYOR PRO TEM DARYL HICKMAN, COUNCIL MEMBER STEVE MANOS, 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, May 10, 2016 7:00 PM Cultural Center CLOSED SESSION at 5:00 PM PUBLIC SESSION at 7:00 PM 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 51512016 City Council Regular Agenda CALL TO ORDER 5:00 P.M. ROLL CALL CITY COUNCIL CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov't Code § 54956.9) Leibold v. Coon Superior Court Case No. RIC 1603718 CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov't Code § 54956.9) Coon v. Leibold Superior Court Case No. RIC 1603819 CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov't Code § 54956.9) Western Riverside Council of Government vs. City of Lake Elsinore Arbitration - REF No. 1120012917 [AALRR-Cerritos.006243.00005] CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (3) of subdivision (d) of Gov't Code 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 PRESENTATIONS / CEREMONIALS Recognition of High School Students Completing 500 Plus Community Service Hours Proclamation for Mental Health Month Proclamation for Public Works Week CLOSED SESSION REPORT/CITY ATTORNEY COMMENTS CITY COUNCIL COMMENTS May 10, 2016 City of Lake Elsinore Page 2 Printed on 51512016 City Council Regular Agenda May 10, 2016 CITY MANAGER COMMENTS PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE (Please read & complete a Request to Address the City Council form prior to the start of the City Council meeting and turn it into the City Clerk. The Mayor or City Clerk will call on you to speak.) CONSENT CALENDAR (All matters on the Consent Calendar are approved in one motion, unless a Council Member or any member of the public requests separate action on a specific item.) 1) Warrant List Dated April 28, 2016 Recommendation: Receive and File. Attachments: City Staff Report 5-10-16 Warrant Summary City 04 28 16 Warrant List City 04 28 16 2) Minutes of Special City Council Meeting on April 24, 2015 Recommendation: Approve, Attachments: Minutes - Council Workshop 4-24-2015 3) Waive Further Reading and Adopt by Title Only AN ORDINANCE OF THE CIN COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA. ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 OF THE CITY OF LAKE ELSINORE (MAINTENANCE SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES Recommendation: Adopt the Ordinance Attachments, CFD 2015-2 Exhibit A Ordinance 4) Agreement for the Construction Survey Services for Rosetta Canyon Sports Park and Rehabilitation of La Laguna Recreation Vehicle (RV) Park with Dennis Janda, Inc. Recommendation: Approve an Agreement with the Dennis Janda Inc.; and, Authorize the City Manager to Negotiate an Amount Not to Exceed $50,000.00 for Construction Survey Services Related to the Design and Construction of both Rosetta Canyon Sports Park and the Rehabilitation of the La Laguna RV Park; and, Authorize the City Manager to Execute the Agreement, Subject to Approval As to Form by the City Attorney. Attachments: Dennis Janda Inc Surveying SR A - Agreement Dennis Janda Inc City of Lake Elsinore Page 3 Printed on 51612016 City Council Regular Agenda May 10, 2016 5) Approve the First Amendment to the On-call Contractor Services Agreement with Discount Hauling & Cleanup Recommendation: 1. Approve the First Amendment to the On -Call Contractor Services Agreement with Discount Hauling & Cleanup in the Amount of $40,000.00 in Such Final Form as Approved by the City Attorney; and, 2. Authorize the City Manager to Execute Change Orders Not to Exceed the 10 Percent Contingency Amount of $10,000.00 for Additional On -Call Emergency Work as Needed. Attachments: SR - Discount Cleaning -First Amendment A -Agreement First Amendment B - Original Agreement - Discount Hauling & Cleanup Contractor On -Call Sery I 6) Public Works Construction Agreement with Wheeler Paving Inc. for the Concrete Flat Work at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004) Recommendation: 1. Award a Public Works' Construction Agreement to Wheeler Paving Inc. for the Concrete Flat Work at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004); and, 2. Approve and Authorize the City Manager to Execute the Agreement in an Amount Not to Exceed $461,280.00 with Wheeler Paving Inc. in Such Final Form as Approved by the City Attorney. Attachments: SR - Wheeler Paving Award Bid Set B3 A -Agreement - Wheeler Paving Inc Bid Set B3 7) Purchase of an 40OHDS Equipment Rake from H. Barber & Sons. Inc. Recommendation: 1. Authorize the City Manager to Sign and Issue a Purchase Order for $42,916.00 to H. Barber & Sons, Inc.; and, 2. Waive the Formal Bidding Process per Municipal Code Section 3.08.070(G) for Purchase of (1) 40OHDS Barber Equipment Rake with Attachments for Reasons as Outlined in the Staff Report. Attachments: SR - Rock Picker A - Quote and Specifications g) First Amendment to a Professional Services Agreement for the Preparation of Environmental Documentation for the Nichols Mine Expansion Recommendation: Authorize the City Manager to Execute the First Amendment to the Professional Services Agreement with T&B Planning for the Preparation of Environmental Documentation for the Nichols Mine Expansion in an Amount not to Exceed $22,718.75. Attachments: Nichols Mine Expansion CEQA - SR Nichols Mine Expansion CEQA - Exhibit A PSA 05-12-15 Nichols Mine Expansion CEQA - Exhibit B First Amendment City of Lake Elsinore Page 4 Printed on 5/5/2016 City Council Regular Agenda May 10, 2016 9) Commercial Design Review 2016-03 - A Request for the Approval of a 6.120 Square Foot RV Sales Office and Related Improvements Located at APN: 377-110-045. Recommendation: adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT COMMERCIAL DESIGN REVIEW NO. 2016-03 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); and, adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2016-03 FOR THE DEVELOPMENT OF A 6,120 SQUARE FOOT RV SALES OFFICE AND RELATED IMPROVEMENTS LOCATED AT APN: 377-110-045. Attachments: CDR 2016-03 - SR CDR 2016-03 - Exhibit A MSHCP Resolution CDR 2016-03 - Exhibit B CDR Resolution CDR 2016-03 - Exhibit C Conditions of Approval CDR 2016-03 - Exhibit D Vicinity Map CDR 2016-03 - Exhibit E Aerial Map CDR 2016-03 - Exhibit F Plans BUSINESS ITEMS 10) Agreement for Professional Services for Community Opinion Survey Recommendation: Award an Agreement for Professional Services to True North Research, Inc. (True North) to Conduct a Community Opinion Survey and Authorize the City Manager to Execute the Agreement in an Amount Not to Exceed $27,800.00, Subject to Minor Modifications as Approved by the City Attorney. Attachments, Community Opinion Survey, SR Community Ooinion Survey - Exhibit A Agreement Community Opinion Survey - Exhibit B Proposal PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Request to Address the City Council form prior to the start of the City Council Meeting and turn it into the City Clerk. The Mayor or City Clerk will call on you to speak.) ADJOURNMENT The Lake Elsinore City Council will adjourn this meeting to the next scheduled meeting of Tuesday, May 31, 2016. The Closed Session will be held at 5:00 p.m. and the Public meeting will be held at 7:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore. City of Lake Elsinore Page 5 Printed on 51512016 City Council Regular Agenda May 10, 2416 AFFIDAVIT OF POSTING I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall at p.m. on May, 5, 2016. Susan M. Domen, MMC City Clerk City of Lake Elsinore Page 6 Printed on 5/5/2016 Li't1 L �LS1110k[ City of Lake Elsinore Regular Agenda Successor Agency BRIAN TISDALE, CHAIR ROBERT MAGEE, VICE -CHAIR DARYL HICKMAN, AGENCY MEMBER STEVE MANOS, AGENCY MEMBER NATASHA JOHNSON, AGENCYMEMBER GRANT YATES, EXECUTIVE DIRECTOR LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, May 10, 2016 7:00 PM Cultural Center PUBLIC SESSION at 7:00 PM 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 5/5/2016 Successor Agency Regular Agenda CALL TO ORDER - 7:00 P.M. ROLL CALL PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 'I MINUTE May 10, 2016 (Please read & complete a Request to Address the Successor Agencyl form prior to the start of the meeting and turn 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 a Member or any member of the public requests separate action on a specific item.) 1) Warrant List dated April 28 2016 Recommendation: Receive and File Warrant List dated April 28, 2016. Attachments: SA RDA Staff Report. 5-10-16 SA RDA Warrant Summary 04 28 16 SA RDA Warrant List 04 28 16 ADJOURNMENT The meeting will adjourn to the next scheduled meeting of Tuesday, May 31, 2016. The Closed Session will be held at 5:00 p.m. and the Public meeting will be held at 7:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore. AFFIDAVIT OF POSTING I, Susan M. Domen, MMC, Clerk of the Successor Agency, do hereby affirm that a copy of the foregoing agenda was posted at City Hall at tf-'S6 p.m. on May 5, 2016. usan M. Domen, MMC City Clerk Items approved but not assigned: City of Lake Elsinore Page 2 Printed on 51512016 Lh1,j OLSIIN0kE- City of Lake Elsinore Regular Agenda Successor Agency BRIAN TISDALE, CHAIR ROBERT MAGEE, VICE -CHAIR DARYL HICKMAN, AGENCY MEMBER STEVE MANOS, AGENCY MEMBER NATASHA JOHNSON, AGENCY MEMBER GRANT YATES, EXECUTIVE DIRECTOR LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, May 10, 2016 7:00 PM Cultural Center PUBLIC SESSION at 7:00 PM 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 51512016 Successor Agency Regular Agenda May 10, 2016 CALL TO ORDER - 7:00 P.M. Rr)1 I rn11 PUBLIC COMMENTS -- NON-AGENDIZED ITEMS — 1 MINUTE (Please read & complete a Request to Address the Successor Agencyl form prior to the start of the meeting and tum it in to the Cleric. The Chair or Clerk will call on you to speak.) CONSENT CALENDAR (Alt matters on the Consent Calendar are approved in one motion, unless a Member or any member of the public requests separate action on a specific item.) 1 j Warrant List dated April 28, 2016 Recommendation: Receive and File Warrant List dated April 28, 2016. Attachments: SA RDA Staff Report 5-10-16 SA RDA Warrant Summary 04 28 16 SA RDA Warrant List 04 28 16 ADJOURNMENT The meeting will adjourn to the next scheduled meeting of Tuesday, May 31, 2016. The Closed Session will be held at 5:00 p.m. and the Public meeting will be held at 7:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore. AFFIDAVIT OF POSTING I, Susan M. Domen, MMC, Clerk of the Su cessor Agency, do hereby affirm that a copy of the foregoing agenda was posted at City Hall at yt, p.m. on May 5, 2016. n . Domen, MMC City Clerk Items approved but not assigned: City of Lake Elsinore Page 2 Printed on 5/5/2016 City of Lake Elsinore 130 South Main Street „r� Lake Elsinore, CA 92530 w .lake-elsinore.org ” Text File File Number: ID# 16-198 Agenda Date: 5/10/2016 Version: 1 Status: Approval Final In Control: City Council File Type: Report Agenda Number: 1) City o/ Lake Elsinore Page 1 Printed on 5/5/2016 ct'ry ()1 fes. LA1,E � LS1110KE DIUAtvl EXTREME• REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: MAY 10, 2016 SUBJECT: Warrant List dated April 28, 2016 Recommendation Receive and File the Warrant List dated April 28, 2016. 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 - SR Warrant - Exhibit A Warrant - Exhibit B APRIL 28, 2075 (CII'll'Y OF LAKE ]E]LSIIVOR E W ARRAIU7' SUMMARY FUND# FUND DESCRIPTION TOTAL 100 GENERAL FUND $ 484,700.69 110 STATE GAS TAX FUND 48.9V7.35 118 LAKESIDE FACILITIES DIFF FEE 550.00 121 TOTAL ROAD IMPROVEMENT PROGRAM 354,520.75 130 LIGHTING/LANDSCAPE MAINTENANCE FUND 26,394.41 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST FUND 168.11 155 NATIONAL POLLUTANT DISCHARGE ELIMINATION 1,335.00 305 INFORMATION SYSTEMS 13,414.19 315 FLEET 21,367.96 320 FACILITIES 11,264.79 350 C.F.D. 98-1 SUMMERHILL 102.00 352 AD 86-1 DEBT SERVICE FUND 12.75 354 C.F.D. 90-2 TUSCANY HILLS DEBT SERVICE FUND 102.00 366 C.F D. 2005-6 CITY CENTER TOWNHOMES DEBT SERVICE FUND 63.75-- 369 C.F.D. 2004-3 IA -1 ROSETTA CANYON IMPROVEMENT 102.00 372 6.F.D. 2005-2A ALBERHILL RANCH DEBT SERVICE FUND 42.00 382 C.F.D. 2006-9 MBK HOMES (FORMERLY TRIESTE) DEBT SVC FUND 680.00 384 C.F.D. 2003-2 B CANYON HILLS IMPROVEMENT 102.00 385 C.F.D. 2004-3 A2 ROSETTA CANYON IMPROVEMENT DEBT SVC FUND 455.22 389 C.F.AD. 88-3 WEST LAKE ELSINORE SERIES DEBT SVC FUND 102.00 500 CAPITAL IMPROVEMENT PLAN 364 605.16 617 SARDA HOUSING 9,767.06 620 COST RECOVERY TRUST DEP 29,069.62 GRAND TOTAL $ 1,367,838.81 5/2/2016 Warrant 04 2816 City 1 of 1 AP'Rl L 28, 2016 CITY OF (LAKE ]E1LS INORE WARRANT LIST CHECK# Vendor Name 125716 VOID -BRIAN TISDALE $ (172.50) 125732 COMMUNITY WORKS DESIGN GROUP 350.00 125733 KJ SRVCS ENVIRONMENTAL CONSULTING 3,250.50 125734 RHA LANDSCAPE ARCHITECTS -PLANNERS, INC. 11.70 125735 CALIFORNIA STATE BOARD OF EQUALIZATION _ 2,198.62 125736 AGUILAR CONSULTING, INC. 50,242.84 125737 ALLEGRA MARKETING PRINT MAIL 42.12 125738 ALPINE WATER 139.68 125739 AMERICAN FORENSIC NURSES, INC. 640.00 125740 AMERICAN MATERIAL CO. 134.89 125741 AMERIGAS- TEMECULA 125742ATKINSON, ANDELSON, LOYA, RUUD & ROMO ------- - 4,500.00 125743 - - -- _ BATTERY SYSTEMS, INC. 2,012.01 125744 BUREAU VERITAS NORTH AMERICA, INC 4,550.00 125745 BURKE, WILLIAMS & SORENSEN, LLP 1,083.72 125747 CALIFORNIA DEPARTMENT OF FORESTRY 43,85 1 94 125748 CODE PUBLISHING COMPANY 785.85 125749 COUNTY OF RIVERSIDE LAKE ELSINORE SHERIFF STATION 781.00 125750 CRAFCO INC. 1814.25 125751 DATA QUICK INFORMATION SYSTEMS, INC. 130.50 125752 DELTA SERVICES 58.32 125753 DETROIT INDUSTRIAL TOOL 173.83 125754 DEVELOPMENT MANAGEMENT GROUP, INC. 20,000.00 125755 CAROLE DONAHOE A.I.C.P. 900.00 125756 E. V M. W. D. 10,156.89 125758 EXCEL LAN EXPRESS DRY CLEANERS 217.33 125760 FEDERAL EXPRESS CORPORATION 48.47 125761 GMS ELEVATOR SERVICES, INC. 95.00 125762 HARDY & HARPER INC. 27,955.84 125763 INLAND EMPIRE LOCK & KEY 7.56 125764 INLAND URGENT CARE, MEDICAL CORP 480.00 125765 IRON MOUNTAIN, INC. 71.03 125766 JOBS AVAILABLE, INC. 273.00 125767 JOE'S HARDWARE 75.75 125768 NATHAN KAAS 390.00 125769 MICHAEL PAUL MAPLES 47,503.58 125770 MATTHEW FAGAN CONSULTING SERVICES 5,361.22 125771 MORROW PLUMBING 15.22 125772 JOE PEMBERTON 390.00 125773 GENARO & MABLE PRATS 2,045.60 125774 THE PRESS ENTERPRISE _______39-3.601 125775 RHA LANDSCAPE ARCHITECTS PLANNERS, INC. 3,047.85 125776 RIGHTWAY SITE SERVICES, INC. 195.70 125777 RIVERSIDE COUNTY FLOOD CONTROL 5,000.00 125778 RKA CONSULTING GROUP 2,449.50 5/2/2016 Warrant 04 28 16 City 1 OF 4 APREL28,2016 CITY OF ILAIKiE IEILSINOR1E 'WARRANT Lis -r CHECK# Vendor Name 125779 ROW TRAFFIC SAFETY, INC. 2,933.28 125780 SHRED -IT USA, LLC 84.00 125781 SO CAL SANDBAGS, INC. 258.00 125782 SOUTHERN CALIFORNIA EDISON CO. 220.46 125783 SPECIAL EVENT SAFETY SEMINARS 1,198.00 125797 125784 STAPLES BUSINESS ADVANTAGE 229.95 MATT WOODS 125785 STAUFFER'S LAWN EQUIPMENT 78.99 3,063.61 125786 SUSTAINABLE CIVIL ENG SOLUTIONS, INC. 16 748.50 125801 125788 T & B ENGINEERING, INC. 1,200.00 UNITED WAY - INLAND VALLEY 125789 THE PUBLIC RESTROOM COMPANY 52,804.00 137.70 125790 THOMSON REUTERS - WEST PUBLISHING CORP. 1,553.20 125805 125791 TIME WARNER CABLE 1,198 96 125792 TULIPS TROPHIES & TREASURES 135.00 27.43 125793 UNITED PARCEL SERVICE 170.41 125809 125794 VENUS PRINTING 430.92 AMERICAN MATERIAL CO. 125795 VULCAN MATERIALS COMPANY 423.58 125797 WE GREEN, INC. 118.13 125798 MATT WOODS 360.37 125799 I.C.M.A. RETIREMENT TRUST 3,063.61 125800 LIEBERT CASSIDY WHITMORE 130.00 125801 LIUNA LOCAL 777 538.50 125802 UNITED WAY - INLAND VALLEY 20.00 125803 STEVE MANOS 137.70 125804 MURRIETA LOCK & SAFE, INC. 495.34 125805 RANDOLF THOMAS 598.50 125806 WILLIAMS BAIT & TACKLE, INC. 7,466.00 125807 ACTION GAS & WELDING SUPPLY 27.43 125808 ALLEGRA MARKETING PRINT MAIL 79.92 125809 AMERICAN EXPRESS -CORP. PURCHASING 8,612.84 125812 AMERICAN MATERIAL CO. 1,441.80 125813 ANGLER CHRONICLES, LLC 4,500.00 125814 ANIMAL FRIENDS OF THE VALLEY 20 131.00 125815 ATOM ENGINEERING CONSTRUCTION, INC. 89,775.00 125816 BATTERY SYSTEMS, INC. 391.76 125817 BRIAN'S LIVE BEE REMOVAL SERIVCES 150.00 125818 BUREAU VERITAS NORTH AMERICA, INC. 34 647.14 125819 CDW GOVERNMENT, INC. 2,393.13 125820 CHANDLER AGGREGATES, INC 350.39 125821 COMMUNITY WORKS DESIGN GROUP 202.50 125822 COMPUTER ALERT SYSTEMS, INC. 80.00 125824 DISH NETWORK 105.27 125825 DOWNS COMMERCIAL FUELING INC. 6,164.58 125826 E. V M. W. D. 929.77 125827 EAGLE ROAD SERVICE --& TIRE 2,448.84 125828 ELSINORE VALLEY RENTALS 74.41 125829 ENDRESEN DEVELOPMENT, LLC 3,888.29 5/2/2016 Warrant 04 28 16 City 2 OF 4 APRIL 28, 2016 crrY OF ILAIKIE ELSINORE WARRANT LIST CHECK# Vendor Name 125830 EVERGREEN CLEANING SOLUTIONS 3,960.00 - - __-- _-_ _._._ .__ —_ 125831 EXCEL LANDSCAPE, INC. 106 723.09 125833 FEDERAL EXPRESS CORPORATION 127.40 125834 FRONTIER CALIFORNIA - INTERNET 469.98 125835 FRONTIER CALIFORNIA, INC. 482.59 125836- GOLDEN OFFICE TRAILERS INC 388.80 125837 HARTZOG & CRABILL INC 820.00 125838 HAZZARD BACKFLOW CO. 3,525.00 125839 MELISSA HOUTZ 224.00 125840 125858 IMPACT PROMOTIONAL PRODUCTS 662.74 125841 STEVE KARVELOT 162.00 125842 KPA, LLC 550.00 125843 LAKE AUTO & SMOG 191.31 125844 LAKE CHEVROLET 1,443.76 125846 LAKE ELSINORE TIRE & AUTO, INC. 60.00 125847 LAKE ELSINORE UNIFIED SCHOOL DISTRICT 202.50 125848 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 11,500.00 125849 LEIBOLD, MCCLENDON & MANN, PC 44,887.56 125851 -- LORENZ & JONES MARINE DIST _ --- - -- - 112.23 125852 MANPOWER TEMP SERVICES 14,014.67 125854 LYNN MERRILL 1,335.00 125855 MORROW PLUMBING 369.82 125856 MOTOPORT USA 1,182.60 125857 MUNISERVICES, LLC 1,317.63 5/2/2016 Warrant 04 28 16 City 3 OF 4 ONE -SOURCE DISTRIBUTORS, LLC 598.35 125859 O'REILLY AUTO STORES INC/FIRST CALL 374.70 125860 THE PRESS ENTERPRISE 2,805.60 125862 PROSTAFF, LLC 9,295.00 125863 PRUDENTIAL OVERALL SUPPLY 768.44 125864 RAIN MASTER IRRIGATION SYSTEMS 731.95 125865 RIGHTWAY SITE SERVICES, INC. 1,683.62 125866 RIVERSIDE COUNTY INFORMATION TECH 1,286.04 125867 RIVERSIDE COUNTY, TRANSPORTATION AND LAND MANAGEMENT 34,302.46 125868 ROBBINS PEST MANAGEMENT, INC. 830.00 125870 ROBERT ROONEY -- MATCO TOOLS 492.81 125871 ROW TRAFFIC SAFETY, INC. 320.35 125872 SAN BERNARDINO COUNTY SHERIFF'S ACADEMY 1,159.00 125873 SCOTT FAZEKAS & ASSOCIATES, INC. 27,253.94 125875 SCW CONTRACTING_ CORPORATION 75,329.05 125876 SMART & FINAL 488.63 125878 SONSRAY MACHINERY LLC 1,181.87 125880 SOUTHERN CALIFORNIA EDISON CO. 5,766.84 125884 SOUTHWEST HEALTHCARE SYSTEM 3,600.00 125885 STAPLES BUSINESS ADVANTAGE 1,780.97 125886 STAUFFER'S LAWN EQUIPMENT 2,5 , I - 7 - .98 125887 SUN PAC CONTAINERS 245 00 5/2/2016 Warrant 04 28 16 City 3 OF 4 APRJI1 28, 2016 cury OF LAKE IELSINORE WARRANI'T LIST CHECK# Vendor Name 125888 TARGET SPECIALTY PRODUCTS 4,728.30 125889 TEAM AUTOAID INC. 1,577.43 125891 TEMECULA MOTORSPORTS 202.85 125892 TIME WARNER CABLE 355.52 125893 UNITED PARCEL SERVICE 29.12 125894 VILLAGE EQUIPMENT RENTALS, INC. 115.50 125895 VULCAN MATERIALS COMPANY 177.12 125896 WAL-MART COMMUNITY 77.11 125897 WAXIE SANITARY SUPPLY 3,240.57 125898 WELLS FARGO BANK, N.A. 354,520.75 125899 WEST COAST ARBORISTS, INC. 20,788.00 125900 WEST COAST SERVICES 450.00 125901 WILLIAMS BAIT & TACKLE, INC. 3,733.00 125902 WILSON CYCLE SPORTS CORP. 238.15 125903 X -FACTOR MARINE 931.00 125904 Z BEST BODY & PAINT SHOPS, INC. 911.48 DFT0000749 PAYCHEX OF NEW YORK, LLC 1,240.11 DFT0000750 TASC 1,947 01 DFT0000751 CALPERS 28,630.77 DFT0000756 FRANCHISE TAX BOARD 60.70 DFT0000757 STATE DISBURSEMENT UNIT 224.77 DFT0000758 FRANCHISE TAX BOARD 8,685.25 DFT0000759 INTERNAL REVENUE SERVICE 52,922.02 DFT0000761 FRANCHISE TAX BOARD (0.01) DFT0000762 SUPERIOR PRESS, INC. 56.33 GRAND TOTAL $ 1,367,838.81 5/2/2016 Warrant 04 28 16 City 4 OF 4 —!V ....:c..., Agenda Date: 5/10/2016 In Control: City Council Agenda Number: 2) City of Lake Elsinore Text File File Number: ID# 16-199 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 51512016 cl I'i OrrM L113�E L511`iC71,E �:U r�ncr,�rrac City of Lake Elsinore Priorities and Key Initiatives Workshop Special Meeting Minutes Friday, April 24, 2015 CALL TO ORDER - 9:00 a.m. The meeting was called to order at 9:07 a.m. by Mayor Manos. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Manos. ROLL CALL Present: Council Members Hickman, Johnson and Magee, Mayor Pro Tem Tisdale, and Mayor Manos Absent: None DISCUSSION ITEM(S) Introduction by Mayor Manos Mayor Manos introduced the seven key initiatives and the purpose of the workshop. City Manager Yates discussed the City's vision statement and philosophy as the City moves forward in completing projects and programs. 1) Discussion of Strategic Priorities & Key Initiatives Key Initiative 1: Economic Development Michael Busch, Financial Advisor with Urban Futures, gave a presentation of the City's economic development and activities. He also explained infrastructure financing districts and asset management of real property to implement a business plan. Council discussed their priorities as follows: Infrastructure Facilities Districts; Asset Management Plan; partnering with other public agencies for infrastructure projects; feasibility study; customer service; the Community Development Department responsiveness to the development community and private homeowners; the relationship improvement between the City and Chamber of Commerce; partnerships with cities along the 1-15 corridor for regional approach for economic development; creating new partnerships; entry level positions for the youth; continued partnership with public safety; stronger ordinances for Code Enforcement; and Economic Development Department. CITY COUNCIL MINUTES SPECIAL MEETING OF APRIL 24, 2015 PAGE 2 OF 4 Key Initiative 2: Transportation Interim Public Works Director Smith gave a presentation of the City's Transportation Game Plan and reviewed the Pavement Management Plan and decelerating lane on Rail Road Canyon Road project. Ati Eskandari, City Consultant with Sustainable Civil Engineering Solution, provided a presentation of the Rail Road Canyon/Franklin Interchange; Camino Del Norte and Main Street Interchange; and, the La Strada projects. Council reviewed projects accomplished: slurry seal projects throughout the City; expansion of the on and off ramps at the intersection of Railroad Canyon Road and the 1-15 interchange; and acquisition of $3 million for improvements at 1-15 and Highway 74. Additionally, they discussed issues with the execution of projects; lack of sidewalks on Lakeshore Drive and Machado Street; lack of benches at the bus stops on Mission Trail; the SB821 program that is managed through RCTC; and, the Safe Routes to School program. Key Initiative 3: Recreation Community Services Director Skinner stated that the department has reviewed its philosophy on how recreation is implemented and are enacting changes in how services are delivered to the community. Director Skinner reviewed improving and expanding special events; partnering with organizations in the community; making Lake Elsinore the ultimate lake destination; and, park development. Administration Services Director Simpson provided a video presentation of the Rosetta Canyon Park; and, G.V. Salts with Salts Architect provided an overview of the amenities and features that will be included in the Rosetta Canyon Park Phase 2: locations of dog parks for small and large dogs, gazebos, a community garden, parking lots, landscaping, football field and a jogging trail. Director Simpson responded to questions from the Council explaining that the vision is to create a destination place to be called the action sports capital of the world. The facility will have the capacity to facilitate 35 teams over a 4 day period to conduct a full tournament. It can also host a college show case or hold a World Series tournament. This project will help the City attract hotels and stimulate the restaurant and hospitality industry. Director Simpson pointed out that due to the drought the City is looking at installing artificial grass on all the fields and has reached out to the Western Municipal Water District to help cover the cost; and, the field lights will be LED technology. He noted the football field will also serve as a soccer field. Director Simpson explained that the facility should be open by July 2016 and that outside sports organizations, with the exception of youth recreation, would pay to use the facility. Director Simpson explained there will be two entrances to the facility and an area for special needs children can be created. Council requested placing the City logo at the 50 yard line of the football field; the school district to pay a fee for the use of the facility; rowing regattas on the lake; a City welcoming tent at the national speed boat and ski races that are held on the lake; an aquatic center; swimming CITY COUNCIL MINUTES SPECIAL MEETING OF APRIL 24, 2015 PAGE 3 OF 4 at the lake; a designated play area for jet skies; a consolidation of City assets, particularly in the area of beach fronts; capturing a percentage of the amenities at the lake to help alleviate public safety costs; and, improving the Winter Fest event. Key Initiative 4: Services & Organization Community Services Director Skinner explained the overall goal is to provide staff with the necessary tools to provide improved services and transparency. City Council discussed City's acknowledgement of its weaknesses and how it is taking action to address those weaknesses; the need to ensure that new development pays its own way and find the balance, so the City does not push people and businesses away; and the need to improve front counter service and business process. Key Initiative 5: Education City Manager Yates noted the importance of education and having relationships with the school district remain a key initiative for the City. He noted that the City has an Education Committee that meets with the school district and the relationships the City is building with Mount San Jacinto College, California State University San Marcos and the University of California Riverside. Staff is working hard towards bringing opportunities for higher education within the City. A discussion was held regarding the importance of collaborating with the school and water districts to maximize efforts and save money; the importance of education to home buyers coming from other communities; the need to bring back the City's educated children and provide job opportunities; recreation for the younger generations; and a program that helps students with entry level employment positions. Key Initiative 6: Image Management Analyst Dailey gave an overview of the City's past image and improvements the City has made in the past three (3) years. Analyst Dailey stated that Community pride plays a critical part for residents to feel proud of the City they live in or own a business in. City Council spoke regarding the City's proactive approach to: nuisance abatement; management of transient issues; the Pathway Project; the establishment of the City Home Improvement Program (CHIP); the Cultural Center renovation, ecology upgrades; the Clean Extreme event; and Press Enterprise articles with accurate names of areas that surround the City. Key Initiative 7: Public Safety Mayor Manos reported that in 2013 the City staffed and equipped the Rosetta Canyon Fire Station. He stated that public safety costs will continue to increase and will be unsustainable in the future. Mayors from the region are discussing options to pull together resources for a regional effort and asked Council Members if they had any objections to him participating in meetings to discuss regional solutions for public safety services. CITY COUNCIL MINUTES SPECIAL MEETING OF APRIL 24, 2015 PAGE 4 OF 4 Council discussed the possibility of creating a regional police force with other contract cities; exploring costs; and, partnerships with other agencies to share resources. Administrative Services Director Simpson presented a report on the Public Safety Community Facilities District. He stated that a fair share assessment was adopted in 2003 and 2007 and that an update needs to be done on the assessment to modernize the rate. Mayor Manos stated that a large portion of the general fund is used for public safety and the City needs to build a long-term sustainable model for public safety. 2) Draft Standard Conditions of Approval Community Development Director Taylor provided a presentation on the proposed Standard Conditions of Approval which will provide: certainty and fairness to the development of the community; ensure that the City will be maintained and grow in a positive and aesthetically pleasing manner; and, is consistent with applicable laws and regulations. PUBLIC COMMENTS — NON-AGENDIZED ITEMS Appearing to speak were: Pauline Tehrani, Sharon Gallina, Kelly Jackson and Grace Sandlin. CITY COUNCIL COMMENTS Council Member Magee thanked Council and staff for moving this meeting forward. He stated that his battery has been recharged and he is excited for the City's future. Council Member Johnson thanked staff for all their hard work and stated that she appreciated her colleagues on the Council. Mayor Pro Tem Tisdale thanked the Mayor for hosting this meeting and stated he would appreciate if staff moves forward on projects, using the Council Members to help move the City forward. Mayor Manos thanked staff for their hard work and the pubic for attending the meeting. City Attorney Leibold thanked the Council and staff; she also introduced Douglas Johnson, a new attorney that recently joined the firm in representing the City. City Manager Yates thanked the community, Council and staff for their participation in the meeting. ADJOURNMENT The meeting was adjourned at 12:37 p.m. to the Regular meeting of Tuesday, April 28, 2015, at the Cultural Center located at 183 North Main Street. Steve Manos, Mayor Susan M. Domen, MMC, City Clerk G fthEtillt`i'I:,I: Agenda Date: 5/10/2016 In Control: City Council Agenda Number: 3) City of Lake Elsinore Text File File Number: ID# 16-200 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Consent Agenda File Type: Report City o/ Lake Elsinore Page 1 Printed on 5/5/2016 ORDINANCE NO. 2016 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 OF THE CITY OF LAKE ELSINORE (MAINTENANCE SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES WHEREAS, on July 28, 2015, the City Council (the "City Council") of the City of Lake Elsinore (the "City") adopted Resolution No. 2015-066 declaring its intention to form Community Facilities District No. 2015-2 of the City of Lake Elsinore (the "District," which District shall include the Annexation Property (as defined below) and any additional property annexed to the District in accordance with the Act (as defined below)) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Act"); and, WHEREAS, on September 22, 2015, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the proposed levy of a special tax therein to finance certain public maintenance services described in Resolution No. 2015-066; and, WHEREAS, at the September 22, 2015 public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the proposed levy of the special tax to finance the maintenance services described in Resolution No. 2015-066 were heard and a full and fair hearing was held; and, WHEREAS, on September 22, 2015, the City Council adopted Resolution No. 2015-078 which formed the District and called a special election within the District on September 22, 2015, on the propositions relating to the levy of a special tax within the District and the establishment of an appropriations limit within the District; and, WHEREAS, pursuant to the written consent and waiver with respect to the timing requirements of the Special Election pursuant to Section 53326 of the Act of all the qualified electors within the original boundaries of the District, as set forth in Resolution No. 2015-066, the special election was continued to and held on April 26, 2016; and, WHEREAS, at the April 26, 2016, special election within the District, the qualified electors approved by more than a two-thirds vote the propositions authorizing the levy of a special tax within the original boundaries of the District for the purposes described in Resolution No. 2015-078 and establishing an appropriations limit for the District; and, WHEREAS, on March 8, 2016, the City Council adopted Resolution No. 2016-020 declaring its intention to annex certain property to the District ("Annexation Property"); and, WHEREAS, on April 12, 2016, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the annexation of the Annexation Property of the District, the proposed levy of a special tax therein to finance certain public maintenance services described in Resolution No. 2016-020; and, WHEREAS, on April 12, 2016, the City Council adopted Resolution No. 2016 - annexing the Annexation Property to the District and called a special election within the Annexation Property on April 12, 2016, on the proposition relating to the levy of a special tax within the Annexation Property; and, WHEREAS, on April 12, 2016, a special election was held within the Annexation Property at which the qualified electors approved by more than a two-thirds vote the proposition authorizing the levy of a special tax within the Annexation Property for the purposes described in Resolution No. 2016-020. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 OF THE CITY OF LAKE ELSINORE (MAINTENANCE SERVICES) ORDAINS AS FOLLOWS: Section 1. The above recitals are all true and correct. Section 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Attachment "A" to Resolution No. 2015-078, which is incorporated by reference herein (the "Rate and Method"). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter so long as the services authorized to be financed by the District, are provided through such financing within the District. Section 3. Each of the Mayor, the City Manager, the Director of Administrative Services, or their written designees (each, an "Authorized Officer"), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within the District, in the manner and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer -Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year. Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section G of the Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. 2015-078, Resolution No. 2016-_, any resolution to annex property to the District or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment or an existing special tax as provided in Section 53334 of the Act. Section 5. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method and Resolution No. 2015-078. Section 6. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time. Section 7. The Mayor of the City shall sign this Ordinance and the City Clerk shall attest to the Mayor's signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City of Lake Elsinore. Section 8. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act. Section 9. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer -Tax Collector of the County of Riverside, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance. Section 10. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage. Section 11. This Ordinance shall take effect thirty days after its final passage. PASSED, AND ADOPTED this 26'h day of April, 2016. ATTEST: Susan M. Domen, MMC City Clerk Brian Tisdale, Mayor APPROVED AS TO FORM: Barbara Zeid Leibold City Attorney City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Text File File Number: ID# 16-201 Agenda Date: 5/10/2016 Version: 1 Status: Approval Final In Control: City Council File Type: Report Agenda Number: 4) City of Lake Elsinore Page 1 Printed on 5/5/2016 CITY OP LADE LSIRORE DREAM EXTREMEn REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared by: Jason Simpson, Director of Administrative Services Date: May 10, 2016 Subject: Agreement for the Construction Survey Services for Rosetta Canyon Sports Park and Rehabilitation of La Laguna Recreation Vehicle (RV) Park with Dennis Janda, Inc. Recommendation Approve an agreement by and between the Dennis Janda Inc. and the City of Lake Elsinore Authorize the City Manager to negotiate in an amount not to exceed $50,000.00 for construction survey services related to the, design and construction of both Rosetta Canyon Sports Park and the rehabilitation of the La Laguna RV Park and authorize the City Manager to execute the agreement, subject to approve as to form by the City Attorney. Background and Executive Summary Critical to the design and construction phase of these projects is accurate surveying services. Both on and off site services are required to perform construction calculations, construction site layouts for above and below ground precision measurements. Surveying services provide horizontal and vertical control limits as detailed on the construction documents. Additional surveying services will include but not limited to the below items: • Plan review, Calculations, Field crew services • Site control & Elevation verification & demo limits • Site development for grading street curb and gutter • Storm drain, area drains & cleanouts • Water - domestic and fire appurtenances (fire water line) • Light standards & transformer pad • electrical & gas lines • Building locations and elevations per plan At this time the survey services of Dennis Janda are currently utilized for Rosetta Canyon Sports Park and will continue until the project is completed. This agreement will provide for the initial surveying services during the site development of La Laguna RV Park rehabilitation project. Dennis Janda Inc. will be a part of a very specialized team of professionals providing services to the City throughout the construction of both projects. Agreement for Survey Services from Dennis Janda, Inc. May 10, 2016 Page 2 Fiscal Impact The surveying service fee will be funded with development impact fees on hand. Exhibits A: Agreement AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF LAKE ELSINORE AND DENNIS JANDA INC. ROSETTA CANYON PARK PHASE II This Agreement for Professional Services (the "Agreement") is made and entered into as of May 10, 2016, by and between the City of Lake Elsinore, a municipal corporation ("City") and Dennis Janda Inc. ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: Rosetta Canyon Park Phase II sport fields with parking and concession area and La Laguna RV Park Rehabilitation Project. 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. Dennis Janda Inc 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 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 twenty three thousand eight hundred dollars and no cents ($50,000.00) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. 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. 7. 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. 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. Page 6 iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. 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: Dennis Janda Inc. 42164 Remington Avenue, Temecula CA 92590 Phone # (951) 699-8874 dennisj@pmcmap.com 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral Page 7 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 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 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, at 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. 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 Dennis Janda Inc. corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Dennis Janda, PLS Page 10 EXHIBIT A Scope of Work Horizontal and Vertical Control I ! Establish Control I' Set Temporary on site Benchmark Rough Grade r Rough Grade Stakes ❑ Blue top Stakes I I Pad Certifications ❑ Detention Basin Storm Drain Stakes ❑ Onsite Storm Drain main lines ❑ Area Drains ❑ Catch Basins Sewer Stakes Domestic and Fire Water Stakes (Mains and Appurtenances) Electrical/Gas stakes ❑ Onsite lines F. Xings and Transformer pads Road and Realignment stakes All Building and Enclosure stakes Additional services provided as needed. c r hs ~Ilii?:,f: Agenda Date: 5/10/2016 In Control: City Council Agenda Number: 5) City of Lake Elsinore Text File File Number: ID# 16-202 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 5/5/2016 CITY OF int LAVE LSIIYOKE DREAM EXTREME, REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared by: Jason Simpson, Director of Administrative Services Date: May 10, 2016 Subject: Approve the First Amendment to the On-call Contractor Services Agreement between Discount Hauling & Cleanup and the City of Lake Elsinore Recommendations Approve the First Amendment to the on-call Contractor Services Agreement between Discount Hauling & Cleanup and the City of Lake Elsinore in the amount of $40,000.00 in the form attached and in such final form as approved by the City Attorney. Authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $10,000.00 for additional on-call emergency work as needed. Background Staff entered into an agreement on November 10, 2015 for emergency and non -emergency nuisance abatement cleanup within the City. To date, Discount Hauling & Cleanup has performed eighteen (18) separate cleanup and nuisance abatement jobs across the City on both an emergency and non -emergency basis. Discussion As noted, through the course of this year multiple projects have been completed by Discount Hauling & Cleanup. Many of these projects have been urgent cleanup needs effecting City operational efforts and continued City wide services. Every assigned work effort has been proposed in writing, reviewed and negotiated by City Staff and approved for execution. This work effort has included a wide range of City requirements, time sensitive and urgent City operational demands representative of the work below: o Trash and debris in the public right of way o Homeless camp cleanup e Nuisance abatement cleanup efforts with code enforcement First Amendment — Discount Hauling & Cleanup May 10, 2016 Page 2 This First Amendment, is needed to ensure the continued on-call Contractor support is in place for immediate operational demands. The sustainment of these essential general requirements provides a City-wide far reaching nuisance abatement and cleanup immediate augmentation of City services. Fiscal Impact Funds are budgeted in the Fiscal Year 2015/16 budget. Exhibits A: First Amendment Agreement B: Original Agreement FIRST AMENDMENT TO AGREENMENT FOR SERVICES (ON-CALL) DISCOUNT HAULING & CLEANUP EMERGENCY/NON-EMERGENCY NUISANCE ABATEMENT CLEANUP THIS FIRST AMENDMENT is made and entered into as of May 10, 2016 by and between the City of Lake Elsinore, ("City"), and Maples and Associates ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: a. On April 17, 2015, the City and Contractor entered into an agreement entitled "Contractor Services (On -Call) for Emergency/Non-Emergency Nuisance Abatement Cleanup in the amount of thirty thousand dollar and no cents ($30,000.00). b. The parties now desire to increase the agreement amount for an additional Forty Thousand Dollars and No Cents ($40,000.00) amend the Agreement as set forth in this Amendment. 2. 2. (c) Term and Compliance with Task/Work Order System of the Agreement is hereby amended to amend the agreement until June 30, 2017. 3. Compensation and Cost of Living Adjustment of the Agreement is hereby amended to increase the amount that the City agrees to pay the Contractor by forty thousand dollars and no cents (40,000.00) for a total of seventy thousand dollars and no cents ($70,000.00). 4. 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 hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. "CITY" "CONTRACTOR" CITY OF LAKE ELSINORE, a municipal Julio Bustos, Discount Hauling & Cleaning corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Julio C. Bustos AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL) Discount Hauling & Cleanup Emergency/Non-Emergency Nuisance Abatement Cleanup This Agreement for Contractor Services (On -Call) (the "Agreement") is made and entered into as of November 10, 2015 by and between the City of Lake Elsinore, a municipal corporation ("City") and Julio Bustos, Discount Hauling & Cleanup ("Contractor"). RECITALS A. The City has determined that it requires the following services: Emergency and Non -Emergency nuisance abatement cleanup. B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated November 10, 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 Form Contractor services Agmt Discount Hauling 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 seven (7) months, commencing on November 10, 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 $5000.00 (five -thousand dollars) 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 exceed five -thousand dollars ($5,000) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 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. Reserved. 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 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. 7. 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 magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. _0. 8. Contractor's Books and Records a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -in -interest. 9. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 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. 11. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered Page 4 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).) 12. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 13. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply, By execution of this Agreement, Contractor Page 5 acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. 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. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 Page 7 If to Contractor: nv_ 0t) -,--'1����`�'`i'� Atin: vud_Ru��TvS 18. 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. 19. 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. 20. 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. 21. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 22. Severabilitv. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. 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. 29. 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. 30. 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. 31. 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 �j "CONTRACTOR" Julio Bustos, Discount Hauling & Cleanup Page 10 ,GPvS 74- C EXHIBIT A CONTRACTOR'S PROPOSAL IVO&I J==McrZ �'.c:.✓Ct/ JV U�5'6yc/�c— r� EXHIBIT A X A,' 017y ACORD CERTIFICATE OF LIABILITI PRODUCER AUTO COMMERCIAL INSURANCE AGENCY 27601 Forbes Road, Suite 46 Laguna Niguel, CA 92677 949-367-0200 29042 ALLAN STREET LAKE ELSINORE, CA 92532 1951-245-6444 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DATE(MINOD)YYYYI 'INSURANCE POLICY NUMBER 10/16/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LIMITS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLI IES BELOW. INSURERS AFFORDING COVERAGE NAICR INSURER A. PREFERRED CONTRACTORS INS CO 12497 INSURERS. CENTURY NATIONAL INS CO 26905 INSURER C' X COMMERCIALGENERALLIABILITY INSURER 0: INSURER E. S LTA oo'c LTA %SRP TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE PDATE MMIOO" N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000 , 000 -HL To 50 000 X COMMERCIALGENERALLIABILITY PREMSESMalccrurencej S �CLAIMSMADE OCCUR MEO EXP( Any one Person) $ 5,000 A PC1605487-00 1/23/2015 1/23/2016 PERSONAL& ADV INJURY E 1,000 000 GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ 1 000 000 �GEEN'L 1 $ POLICY jE ? � LOC 'AUTOMOBILE LIABILITY ,_� COMBINED SINGLE LIMIT -750,000 ANYAUTO � (Ee eCC10on) y ALL OWNED AUTOS j BODILYINJURY $ X SCHEDULED AUTOS (Per porson) B HIRED AUTOS BAP0170150 2/8/15 2/8/16 ^_ 'BODILY INJURY NON-OWNEDAUTOB (Peraccieonq ,—_ PROPERTY DAMAGE $ I (Peraccioonp ', GARAGE LIABILITY AUTO ONLY-EAACCIDENT S ANVAUTO OTHER THAN _EAACC E_ $ AUTOONLY AGO EXCESSNMBRELLA LANLITY EACH OCCURRENCE $ ^i OCCUR CLAIMSMAOE AGGREGATE S S DEDUCTIBLE-�— RETENTION 3 S WORHERS COME ENSATIONAND WRY IMIV- TORVLIMITS ER EMPLOYERS' LIABILITY EL EACHACCIDENT S AW PROPRIETONPARINEINf VCUTIVf OFPICERWMBER ExcLUOEm E.L. DISEASE - EA EMPLOYEF S Iryee IAL PROVISIONS SPECIAL PROVISIONS belax E. L. DISEASE -POLICY LIMIT E OTHER CERTIFICATE HOLDER VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO SIDING INSURER WILL ENDEAVOR TO MALI DAYS WRITTEN IFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL ITS AGENTS OR ACORD 25 (2001108) ©ACORD CORPORATION 1988 Agenda Date: 5/10/2016 In Control: City Council Agenda Number: 6) City of Lake Elsinore Text File File Number: ID# 16-203 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-eIsinore. org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 1 Printed on 51512016 CITY OF ice. LAKE OV!, LSIlYOIZE DREAM EXrREMR. REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared by: Jason Simpson, Director of Administrative Services Date: May 10, 2016 Subject: Award Public Works' Construction Agreement to Wheeler Paving Inc. for the Concrete Flat Work at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004) Recommendation 1. Award a Public Works' Construction Agreement to Wheeler Paving Inc. for the Concrete Flat Work at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004) 2. Approve and authorize the City Manager to execute the Agreement in the not to exceed amount of $461,280.00 with Wheeler Paving Inc. in the form attached and in such final form as approved by the City Attorney. Background Construction bid documents were prepared and the project was advertised for bid in accordance with the requirements set forth in the California Public Contract Code. On December 11, 2015, the City posted on PlanetBids the notice inviting bids for the concrete flat work at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004 On January 8, 2016, addendum 1 was posted on Planetbids which provided responses to questions and additional project information specific to the Bid Set B3 scope of work, technical details and plans. Five bids were received on or before the deadline of Thursday, January 14, 2016, at 2:00 P.M. These bids were publicly opened, examined and declared in the City Cultural Center, Discussion The purpose of this notice inviting bids is to seek a competitive pricing for the concrete flat work according to plans publicly provided as Rosetta Canyon Sports Park Phase II Project Bid Set 'B3' (CIP PROJECT #Z40004). The overall essentials in this scope of work are summarized below as general requirements: Award Construction Agreement to Wheeler Paving Inc. May 10, 2016 Page 2 General Requirements Concrete Flat Work Concrete PavingFinishing Concrete Bleachers & MasonryConcrete Expansion Joints & Sealants The following bids were received from contractors on or before the deadline and are listed below in the amount of bid sequence (lowest to highest): Contractor Address Amount 8432 63rd Avenue Wheeler Paving Inc. Riverside CA 52509 $461,280.00 324 S.Diamond Bar BI., 15MB275 CT&T Pavinq Contractors. Diamond Bar, CA 91765 $553,188.00 2191 S. EI Camino Real, Ste 205 Contractor Construction Inc. Oceanside CA 92054 $623,195.00 Bravo Concrete Construction 13240 Evening Creek Dr #313 Services Inc. San Diego CA 92128 $662,434.00 444 Sixth St Act 1 Construction Inc. Norco CA 92860 $699,553.00 Following the bid opening, Staff reviewed and verified all bids for completeness Wheeler Paving Inc. was determined to be the lowest responsive and responsible bidder. The contractor has a valid license and a review of the contractor's references showed a very high level of work experience. Fiscal Impact Rosetta Canyon Sports Park Phase II Project is included in the Fiscal Year 15/16 — 19/20 Capital Improvement Plan (CIP) budget Exhibits A: Agreement for Contractor Services Agreement No. AGREEMENT FOR PUBLIC WORKS CONSTRUCTION (WHEELER PAVING INC.) FOR ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 BID SET "63" Concrete Flat Work, Concrete Bleachers Masonry Retaining Walls Retaining Wall, Accessibility Ramp, Concrete Stepped Seating, Dugout Flooring This Agreement for Public Works Construction ("Agreement") is made and entered into as of May 10, 2016, by and between the City of Lake Elsinore, a municipal corporation ("City") and Wheeler Paving Inc. ("Contractor"). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. The Proiect and Project Documents. Contractor agrees to construct the following public improvements ("work") identified as: ROSETTA CANYON SPORTS PARK PHASE -11 PROJECT CIP PROJECT NO. Z40004 BID SET "63" Concrete Flat Work, Concrete Bleachers Masonry Retaining Walls Retaining Wall, Accessibility Ramp, Concrete Stepped Seating, Dugout Flooring The City -approved plans for the construction of the Project, which are incorporated herein by reference and prepared by STK Architecture Inc., are identified as: Rosetta Canyon Sports Park Phases — II Project BID SET "133" Concrete Flat Work, Concrete Bleachers Masonry Retaining Walls Retaining Wall, Accessibility Ramp, Concrete Stepped Seating, Dugout Flooring 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 total amount of four hundred sixty one thousand two hundred eighty dollars and no cents ($461,280.00). D-1 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents. C. Contractor agrees to receive and accept the prices set forth in the Bidder's Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 3. Completion of Work. a. Contractor shall perform all work within Forty Five (45) working days from the date of commencement specified in the Notice to Proceed and shall complete all work within Forty Five 45 working days, 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 One Thousand dollars 1000) 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; D-2 b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance. The City Manager 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 as of March 1, 2015, 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. 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 D-3 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. iv. 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 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 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. M 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 With a copy to: City of Lake Elsinore Attn: City Manager Attn: City Clerk 130 South Main Street 130 South Main Street Lake Elsinore, CA 92530 Lake Elsinore, CA 92530 If to Contractor: Wheeler Paving Inc. Attn: Doug Rash 1843263 rd Avenue Riverside Ca 92509 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 continuing waiver of a subsequent breach of the same or any other provision under this Agreement. D-5 15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a courtof 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 priorto 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. Egual 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 1. 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] D-7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" "CONTRACTOR" CITY OF LAKE ELSINORE, a municipal Wheeler Paving Inc. corporation Grant Yates, City Manager Richard Wheeler, President ATTEST: City Clerk APPROVED AS TO FORM: City Attorney N: PREMIUM FAITHFUL PERFORMANCE BOND (100% of Total Contract Amount) KNOW ALL MEN AND WOMEN BY THESE PRESENTS: THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City," has awarded to Wheeler Paving Inc. as Principal hereinafter designated as "Contractor" and have entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 BID SET "133" Concrete Flat Work, Concrete Bleachers Masonry Retaining Walls Retaining Wall, Accessibility Ramp, Concrete Stepped Seating, Dugout Flooring is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Contract Agreement is required to furnish a bond guaranteeing the faithful performance of said Contract Agreement; NOW THEREFORE, we the undersigned Contractor and as Surety, are held and firmly bound unto the City of Lake Elsinore, County of Riverside in the penal sum of dollars ($ ), lawful money of the United States, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Contractor, his or her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in said Contract Agreement and any alterations thereof made as therein provided, on his or her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Lake Elsinore, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event suit is brought upon this bond by the City and 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. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract Agreement or to the work to be performed thereunder, or the Provisions accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement or to the work or the Provisions. (SIGNATURE PAGE FOLLOWS) BOND NO. SIGNATURE PAGE TO FAITHFUL PERFORMANCE BOND IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of 20 BIDDER: SURETY: Contractor Name: Name: Address Telephone No.: Print Name: Signature: Approved as to Form this day of 20 City Attorney City of Lake Elsinore Address: Telephone No.: Print Name: Signature: Attorney -in -Fact NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). D-10 PREMIUM $ LABOR AND MATERIALS BOND (100% of Total Contract Amount) KNOW ALL MEN AND WOMEN BY THESE PRESENTS THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City", has awarded Wheeler Paving Inc., as Principal hereinafter designated as "Contractor' and have entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 BID SET "B3" Concrete Flat Work, Concrete Bleachers Masonry Retaining Walls Retaining Wall, Accessibility Ramp, Concrete Stepped Seating, Dugout Flooring is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond to secure the payment of claims of laborers, mechanics, material men, and other persons, as provided by law; NOW, THEREFORE, we the undersigned Contractor and as Surety are held and firmly bound unto the City of Lake Elsinore, County of Riverside, in the penal sum of dollars ($ ), lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Contractor, his or her or its heirs, executors, administrator, successors or assigns, or subcontractors, shall fail to pay any of the persons described in the California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his or her subcontractors, pursuant to Section 13020, of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond by the City or other person entitled to bring such an action and 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. This bond shall inure to the benefit of any of the persons described in California Civil Code Section 3181, to give a right of action to such persons or their assigns in any suit brought upon this bond. (SIGNATURE PAGE FOLLOWS) SIGNATURE PAGE TO LABOR AND MATERIALS BOND IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this of 20 BIDDER: SURETY: Contractor Name: Name: Address: Telephone No.: Print Name: Signature: Approved as to Form this day of City Attorney City of Lake Elsinore Address: Telephone No.: Print Name: Signature: Attorney -in -Fact day NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledqments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). CONSTRUCTION OR SERVICE CONTRACT Unless waived or modified by the City Engineer, the following endorsement shall be attached to and made a part of all policies insuring the liability of any person, form or corporation performing services under contract for the City of Lake Elsinore. Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policy shall: 1. Include the City of Lake Elsinore as an additional insured. (To include the elected officials, appointed officials, and employees.) 2. Indemnify and save harmless the City of Lake Elsinore against any and all claims resulting from the undertaking specified in the contract known as: ROSETTA CANYON SPORTS PARK PHASE -11 PROJECT CIP PROJECT NO. Z40004 BID SET "63" Concrete Flat Work, Concrete Bleachers Masonry Retaining Walls Retaining Wall, Accessibility Ramp, Concrete Stepped Seating, Dugout Flooring This hold harmless assumption on the part of the underwriters shall include all costs of investigation and defense, including claims based on damage to substructures not shown, not located on the plans, or shown incorrectly. Not be cancelled except by notice to the City Attorney of the City of Lake Elsinore at least thirty (30) days prior to the date of cancellation. Provide single limit for Bodily Injury Liability and Property Damage Liability combined, $1,000,000 each Occurrence, and $2,000,000 Aggregate. 5. Limited classifications, restricting endorsements, exclusions or other special provisions contained in the policy shall not act to limit the benefits of coverage as they shall apply to the City of Lake Elsinore as enumerated in this endorsement. However, nothing herein contained shall affect any rights of the insurer against the insured. 6. It is further expressly agreed by and between the parties hereto that the following two provisions, (a) and (b), are a part of this contract: (a) That the Contractor specifically agrees to comply with applicable provisions of Section 1777.5 of the Labor Code relating to the employment by contractor or subcontractor under it, of journeyman or apprentices, or workmen, in any apprenticeable craft or trade. (b) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. The limits of liability as stated in this endorsement apply to the insurance afforded by this endorsement notwithstanding that the policy may have lower limits of liability applying elsewhere in the policy. Duly Authorized Agent Attached to and forming part of Policy No. of the Date: Expiration Date: WORKERS' COMPENSATION INSURANCE CERTIFICATION Pursuant to Section 1861 of the California Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." Contractor By: Print Name Signature Title Date Section 3700 of the California Labor Code reads as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self -insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employee." LiK,Lj=tilhklk,C. Agenda Date: 5/10/2016 In Control: City Council Agenda Number: 7) City of Lake Elsinore Text File File Number: ID# 16-204 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 51512016 CITY OF LADE �LSMORE DREAM EXTREME - REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared by: Jason Simpson, Director of Administrative Services Date: May 10, 2016 Subject: Award Purchase of an 40OHDS Equipment Rake from H. Barber & Sons, Inc. Recommendation Staff recommends that the City Council authorize the City Manager to sign and issue a purchase orders for $42,916 to H. Barber & Sons, Inc. 2. Waive the formal bidding process per Municipal Code Section 3.08.070(G) for purchase of (1) 40OHDS Barber Equipment Rake with attachments since staff has successfully utilized Barber products on a rental basis. To utilize other vendors, which there is only one vendor with comparable products available, would provide unreliable and questionable quality as staff tested both products. The Barber product performed well with no issues and the other one broke down multiple times and was deemed not reliable by staff. Background The City has utilized H. Barber & Sons Surf Rake equipment to clean and remove debris, rocks, and stones from the lakefront beaches. There is also a need to remove rock and debris from city parks and other locations. The costs of renting these machines is approximately $4,500 to $7,500 a month plus the cost of shipping to and from the City. The purchase of the equipment will provide immediate, available for use at the lakefront beaches and the unit tested will clear up to 2 acres per hour and with the finisher implement installed, the equipment will smooth the cleaned soil, eliminating tire tracks, with a 9 -foot wide path. Staff also believes that the $42,916 cost will immediately save an estimated $25,000 in construction and materials costs for Rosetta Canyon Sports Park. The equipment will be used to gather and clear all rock on the park site to be used in the landscaping plan throughout the park, thereby significantly reducing the amount of rock needed to be purchased and delivered. Fiscal Impact The equipment will be purchased from the Equipment (Fleet) Internal Service fund in the amount of $42,916. H. Barber & Sons, Inc. May 10, 2016 Page 2 of 2 Wavier of Competitive Bidding Procedures Pursuant to Section 3.08.070(G) of the Municipal Code, the City Council has the discretion to waive the competitive bidding requirement that would otherwise be utilized for this purchase. The system benefits outlined above and the fact that these products are available through our previously selected provider and to pick a superior equipment product from H. Barber & Sons based upon prior utilization of their product with their main competitor with whom the City has utilized in the past but with significant operational issues, staff recommends that the City Council waive the competitive bidding pursuant to Municipal Code Section 3.08.070(G) and allow the City Manager to contract directly with H. Barber & Sons Inc. as outlined in this agenda report. Exhibits A: Quote and specifications Quotation QR -500184 April 26, 2016 H. Barber & Sons, Inc. 15 Raytkwich Drive, Naugatuck CT 06770 Tel: (203) 729-9000 Fax: (203) 729-4000 www.hbarber.com Prepared For Francisco Diaz Thomas J. Chapman CITY OF LAKE ELSINORE Email: thomasc@hbarber.com 521 North Langstaff Office: 203-729-9000 Lake Elsinore, CA Mobile: 203-305-4058 Country: United States Phone: (951) 830-0406 Email: fdiaz@lake-elsinore.org SALESPERSON Freight Term Availability SHIP VIA I Shi To: I Payment Terms -homas 1. Chapman FOB Lake Elsinore, CA 30 Days ARO Truck I Lake Elsinore, CA I Net 30 QUANTITY ITEM DESCRIPTION UNIT PRICE SELLING PRICE 1.00 1.00 40OHDS 430AS02 40OHDS BARBER SURF RAKE 401HO Finisher Assy Automatic 1 39,500.00 2,150.00 USD 35,550.00 USD 2,150.00 SUBTOTAL I USD 37,700.00 (Warranty: (MANUFACTURER'S STANDARD WARRANTY TAX N/A SHIPPING USD 2,200.00 __. TOTAL t USD 39,900.00 Notes: New equipment prices valid through December 31, 2016 and exclusive of all taxes, duties, and tarriffs levied outside of the United States. Model 40OHD At 2,700 pounds, the. 40OHD stone rake is H Barber & Sons' moderate-size stone and rock rake. It is equipped r with a two (2) cubic yard hopper that will lift 2,400 pounds of debris to a dumping height of nine (9) feet, This `• mid-size model uses the same heavy-dutyconveyor and dump components as the 60OHD. The 40OHD. can clean up to two (2) acres per hour. ' 40011D Specifications: 40OHD DIMENSIONS: H TT L: 11'9' W: 7'6' - WEIGHT: Approximately 2700 his CLEANING WIDTH: 6feet '. �. 1.l, .,., CLEANING DEPTH: Adjustable to 4" OPERATING SPEED: 1.0 to 15 grades per hour DEBRIS REMOVED: Stones %, to 4' in diameter, sod, roots. mood, branches and broken glass PERFORMANCE: Cleans up to.2 acres per hour HOPPER: 2 cubic yards (3,500 flis cap) DUMP HEIGHT. 8 feet TIRES. 31 x 13.5 x 15 high flotation design CONVEYOR: Of bar flight type, covered with continuous 4wide bell, with stainless steel spring tines mounted on it HYDRAULIC. DRIVE: Completely sealed and protected by the full flour filler. Large capacity spline mounted pump. hydraulic motor, flow council, ' and built-in overflow protection HYDRAULIC FLOW: 12 gaflons per minute HYDRAULIC CAP: 11 gallons CYLINDERS Lip 3' x18" single acting Trip 2'x 5' single acting PAINT: Dupont IMRON Polyurethane enamel TRACTOR: 30 PTO horsepower 4 -wheel drive agricultural type tractor with 28' mar wheels OTHER TRACTOR 540 RPid real PTO. 3 -point hitch and depending on model and REQUIREMENTS: options, up to two remote hydraulic valves .vtlh raise. hold and Real positions. Larger or smaller tractors may be used depending on beach conditions. OPTIONS Finisher The finisher attaches to the rear of the TURF RAKE and smoothes the cleaned soil, eliminating tire tracks. At nine feet wide, the finish, grooms the raked area leaving it ready for seeding. The finisher elevates hydraulically when not in use for easy transport. Agenda Date: 5/10/2016 In Control: City Council Agenda Number: 8) City of Lake Elsinore Text File File Number: ID# 16-205 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 5/5/2016 CITY OF LADE LSMORE DREAM EXTREME - CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Honorable Mayor and City Council Members FROM: Grant Yates, City Manager DATE: May 10, 2016 PROJECT: First Amendment to a Professional Services Agreement for the Preparation of Environmental Documentation for the Nichols Mine Expansion. Recommendation AUTHORIZE THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH T&B PLANNING FOR THE PREPARATION OF ENVIRONMENTAL DOCUMENTATION FOR THE NICHOLS MINE EXPANSION IN AN AMOUNT NOT TO EXCEED $22,718.75. Background The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in-house or have a consultant prepare the documents and studies. The cost of preparing the environmental analysis is paid for by the project applicant (Eric Werner, Nichols Road Partner LLC) through the application fee process. The City Council approved and authorized the City Manager to enter into a contract with T&B Planning to prepare the California Environmental Quality Act (CEQA) compliance documents for the Nichols Mine Expansion project in an amount not to exceed $144,890. Discussion The applicant has applied for an amendment to the previously approved Surface Mining and Reclamation Plan (RP 2006-01). The full measure of the proposed amendment is not known at this time due to the significant amount of preparatory work needed to analyze the environmental impacts associated with any modifications to the Mining operations. In Page 1 order to fully address and analyze any potential impacts, the City engaged a consultant to facilitate the preparation of the necessary technical studies that were subsequently used in the consultant's preparation of the necessary CEQA documents. T&B Planning was determined to be the most appropriate consulting firm as they are included on the City's CEQA Consultant Master List (Updated July 11, 2014) and have provided previous consulting services for previous entitlements located on the subject site. The Draft EIR (State Clearinghouse Number 2006051034) was circulated for comment beginning Friday, January 8, 2016 and ending on Monday, February 22, 2015. The City received several comment letters that were transmitted to the applicant and consultant. In review of the comment letter and in consultation with their legal counsel, the applicant requested that the draft EIR be updated to reflect the comments received and recirculate the EIR for another comment period. The additional work required to recirculate the EIR was not included in the original Professional Services Agreement, therefore necessitating approval of an amendment to the original agreement to cover the costs associated with this additional work. Fiscal Impact The cost of preparing the environmental review will be paid by fees collected from the developer through the City's cost recovery program. All staff administrative time and consultant costs are paid from the applicant's fees. No General Fund budgets will be allocated or used for the completion of the CEQA documents for the Nichols Mine Expansion project. Prepared by: Justin Kirk, Principal Planner Reviewed by: Grant Taylor Community Development Director Approved by: Grant Yates City Manager Exhibits: A. Personal Services Agreement B. First Amendment AGREEMENT FOR PROFESSIONAL SERVICES T&B Planning Nichols Mine Expansion This Agreement for Professional Services (the "Agreement") is made and entered into as of May 12, 2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and T&B Planning, California corporation ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: CEQA consulting services for the Nichols Mine Expansion project. B. Consultant has submitted to City a proposal, dated March 18, 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 perforin 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, Nichols Mine Expansion CEOA Consdiani Page 1 Attachment t 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 one hundred forty four thousand eight hundred ninety dollars ($144,890) 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. 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. Reserved. 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 priorwritten notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 7. 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, Page 2 actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreernent ("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. S. 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 Page 3 agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in -interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 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. 11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into Page 4 this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 13. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultantto indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its Page 5 officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Foran Comprehensive General Liability. No endorsement may be attached limiting the coverage. id. 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 lit -nit 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 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 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. Page 6 iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C, Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: T&f3 Planning Attn: Joel Morse 17542 East 17111 Street Tustin, CA 92780 18, 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. Page 7 19. 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. 20. Reserved, 21, Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 22, 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. 23. 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. 24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement cornmences 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. 25. 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. 26. 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. 27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. Prohibited Interests. Consultant maintains and warrants that it has not employed not 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 Page 8 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. 29. Equal 0ottunity Emnloyment. 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. 30. 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. 31. 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 APPROVED AS TO FORM: City Attorney Attachments: Exhibit A — Consultant's Proposal "CONSULTANT" T&B Planning, California corporation By: Joel Morse Its: President Vut efrftljea� Page 10 EXHIBIT A CONSULTANT'S PROPOSAL [ATTACHED] EXHIBIT A Tustin, CA I San Diego, CA I Murrysville, PA 1N:996-001 P L A N N I N G 17542 Ease 17th Srrect, Suite 100 Tustin, CA 92780 p714.505.6360 P714.505.6361 March 18, 2015 (Revised May 4, 2015) Justin Kirk City of Lake Elsinore Planning Division 130 South Main Street Lake Elsinore, CA 92530 RE: PROPOSAL TO PROVIDE CEQA CONSULTING SERVICES FOR THE NICHOLS MINE EXPANSION PROJECT, LOCATED IN THE CITY OF LAKE ELSINORE, CALIFORNIA Dear Mr. Kirk: I&B Planning, Inc. (dba T&B Planning) is pleased to present this proposal to provide professional California Environmental Quality Act (CEQA) consulting services for the proposed expansion of the Nichols Mine in the City of Lake Elsinore. We look forward to the opportunity to serve as the City's third -party CEQA consultant for the property's entitlement efforts. We understand that the proposed project seeks to expand the approved mining limits to the east, which would increase the site's mining footprint by approximately 26 acres. Additionally, based on historic mining data and proposed annual tonnage limits, the project would result in an increase of approximately 400,000 tons per year. We anticipate that this project will require an Environmental Impact Report (EIR) to sufficiently comply with CEQA; therefore, this proposal provides a work program and budget for the preparation of an EIR and associated CEQA compliance notices in accordance with City of Lake Elsinore requirements. I &B Planning has been in business since 1974 and has proudly served many public and private sector clients over our 40 -year history. We have extensive experience preparing CEQA documents that are comprehensive and legally defensible. The enclosed proposal consists of the following exhibits, which concisely set forth our scope of work and project budget for completing services in a timely and efficient manner. • INTENDED APPROACH - EXIiiBITA • HOURLYRATESAND BILLING POLICY - EXHIBITC • PROJECT BUDGET - EXHIBIT B • AUTHORIZATION FORM - EXHIBIT D The business philosophy at T&B Planning is for our Principals and Senior Managers to be directly involved in project management. For this project, I will be Principal -in -Charge. Jerrica Harding, AICP, Senior Project Manager, will serve as the primary author of the EIR. We will be supported as needed by our in-house staff of environmental analysts, graphics specialists, and technical writers. Thank you for the opportunity to work on this exciting project. If you have questions or require any clarification pertaining to this proposal, please contact me at (714) 505-6360 x. 105 or by e-mail at imorse(@tbplanninR.com. Sincerely, T&B Planning, Inc. g Joel Morse President www.tbplaunin L+,com PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS JSXhlblf A Nichols Mine Expansion EIR Proposal Exhibit A: Scope of Work Protect Understanding Based on the information provided to us by NICHOLS ROAD PARTNERS, LLC (herein, "Project Applicant,"), it is our understanding that the Project Applicant is seeking to expand the approved mining limits of Nichols Mine to the east by approximately 26 acres. Based on CEQA requirements to evaluate permit revisions for on-going operations against historic baseline conditions, the project's historic annual aggregate production tonnage provided by the Project Applicant (approximately 600,000 tons per year), and the proposed annual tonnage limit (1,000,000 tons per year), the total increase in annual tonnage would comprise approximately 400,000 tons per year. Additionally, based on information from the Project Applicant, an assumption of 10,000 tons per day represents a reasonable high-end estimate for daily tonnage, which would result in a maximum increase in daily project operations of approximately 4,000 tons per day. Based on these considerations, as well as the project's high visibility, this proposal anticipates that the City of Lake Elsinore (herein, "City") will require the preparation an Environmental Impact Report (EIR) for this project. It is also our understanding that all technical studies that may be required in support of the EIR will be. provided or commissioned by the Project Applicant, Reports that will be required in support of the EIR include, but are not necessarily limited to, the following: air quality impact analysis (including health risk assessment), biological resources technical report, cultural resources (archaeology/ paleontology), geology/soils/slope stability analysis, greenhouse gas emissions analysis, hydrology/water quality studies, noise impact analysis, and traffic impact analysis. Scope of Work Provided below is T&B Planning's proposed work program and budget for completing the required EIR and associated CEQA notices and findings for the Nichols Mine Expansion project. It is expected that a project -level EIR is the appropriate CEQA document for the proposed project. A revised proposal may need to be prepared if the City directs the preparation of a different form of CEQA compliance documentation, such as a mitigated negative declaration (MND). Please note that the SCOPE of WORK described below wilt likely not be undertaken chronologically as presented. To expedite the process, there may be overlap on the timing of each task. PHASEI ENVIRONMENTAL SCOPING Task 1.1 Prepare Protect pescription Prior to initiating any substantive work, T&B Planning will work with the City and the Project Applicant (as necessary and appropriate) to prepare a formal Project Description that will be used throughout the CEQA compliance process. We expect that the City or the Project Applicant will provide a list of all permits and approvals and a complete description of all of the design and operational characteristics that will be required for the project. It is also anticipated that a majority of the exhibits will be taken from the Project Applicant's application materials and will require minimal graphic manipulation by T&B Planning for legibility. Because the Project Description will form the basis for analysis within the CEQA document and technical studies, it is critical that an accurate description of all project elements be prepared, including activities that will occur upon completion of mining activities (i.e., pursuant to the site's reclamation plan), if any such end uses are reasonably foreseeable. Page 2 T&i3 Planning, Inc. Nichols Mine Expansion EIR Proposal Exhibit A: Scope of Work Task 1.2 Prepare Initial Study and Notice of Preparation Based on the completion of the project description prepared pursuant to Task 1.1, T&B Planning will prepare an Initial Study (IS). The Initial Study will: o include a detailed description of the various elements of the proposed project; o identify the City of Lake Elsinore as the Lead Agency and provide contact information; o indicate the location of the project area and generally describe the existing zoning and General Plan land use designations in the area; o provide a description of existing conditions and surrounding land uses; o disclose any other public agencies that must also approve the proposed project; o identify the environmental factors potentially affected; o include the completed Environmental Checklist; and o include the determination of the Initial Study/Environmental Checklist. The Environmental Checklist and Responses to Environmental Checklist also will be completed as part of this task. Each of the environmental issue areas contained within the Environmental Checklist will be evaluated and assigned a significance rating of "No Impact," "Less than Significant Impact," "Less than Significant Impact with Mitigation," or "Potentially Significant Impact." If substantive evidence cannot be provided in the Initial Study to support a conclusion of "No Impact" or "Less than Significant Impact" for a particular environmental topic, that topic will be further evaluated in the EIR. 1 &B Planning will submit an administrative draft of the Initial Study to the City and Project Applicant for review, along with a draft Notice of Preparation (NOP), Subsequent to review by the City and the Project Applicant, T&B Planning will revise the Initial Study to address the comments received and submit a revised version to the City staff to clear the IS/NOP for public review and distribution. This proposal anticipates that there will be one round of City review and that requested revisions, if any, would be minor in nature. Following City release of the IS/NOP for public review, T&B Planning will compile a distribution list comprising Responsible Agencies, Trustee Agencies, and surrounding property owners. We expect that the Project Applicant's Title Company will provide mailing labels for property owners within the City's required notification radius, and that City staff will provide their standard public agency notification list as a basis from which to compile the NOP's distribution mailing list. As part of this task, T&B Planning will conduct the NOP distribution by certified mail. Printing and certified mailing expenses (postage and envelopes) are not included in the budget for this task, and will be billed as reimbursable expenses against the budget for Task 5.1, in accordance with our HOURLY RATES AND BILLING POLICY (EXhIIBIT C). PHASE 2 PREPARE DRAFT EIR AND DISTRIBUTE FOR PUBLIC REVIEW Task 2.1 Evaluate NOP Comment Letters During the 30 -day public review period of the NOP, T&B Planning will periodically contact City staff and request that they forward copies of the public comment letters to T&B Planning as they are received. We also will request a complete set of original letters at the close of the public comment period. T&B Planning will review each comment letter to evaluate whether the comments warrant an expansion to the scope of analysis in the EIR. If we identify comments requiring an expanded scope of analysis, we will immediately evaluate our scope of work and budget and notify the City. For purposes of budgeting for this task, it is expected that the project: would result in a moderate number of comment letters, not to exceed 1.5 individual comment letters. Page 3 T&B Planning, Inc. Nichols Mine Expansion EIR Proposal Exhibit A: Scope of Work Task 2.2 Prepare Administrative Draft EIR I"&B Planning will commence with preparation of the Administrative Draft EIR immediately following completion of the Project Description (Task 1.1) and distribution of the IS/NOP for public review (Task 12). We will focus first on preparing the EIR sections that are not reliant on technical studies, as it is anticipated that many of the studies will still be under preparation. This proposal anticipates that any technical studies needed to prepare the EIR will be contracted directly by the Project Applicant. Following completion of the technical studies, "t&B Planning will complete the Administrative Draft EIR in accordance with State and City Guidelines, The EIR will generally include the following sections: Executive Summary. This introductory section will provide a synopsis of each project component; a summary of the project alternatives, including an identification of the "Environmentally Superior Alternative"; and a brief discussion of areas of controversy and issues to be resolved by the decision-making body. The Executive Summary also will include Mitigation Monitoring and Reporting Program (MMRP) to be prepared as part of Task 2.4. In the interest of efficiency, the MMRP will not be prepared until after the City's review of the First Administrative Draft EIR. Introduction. The Introduction will explain the purpose of the EIR, the legal authority for preparation of the OR, and the EIR process. Relationship to the City's General Plan and General Plan EIR also will be disclosed. Additionally, this section will identify other applicable planning documents that apply to the project area. In addition, the Introduction will identify the Lead Agency (City of Lake Elsinore), Responsible Agencies, and/or Trustee Agencies. The relationship of each component of the project to future project approvals and/or environmental permits also will be described. Environmental Setting. The Environmental Setting will describe the project's location, geographic and physical setting, surrounding land uses, and the physical environmental conditions of the property as they existed on the date of the EIR's IS/NOP issuance. A brief overview of the environmental conditions of the project area also will be provided. This section will emphasize unique or rare resources within the project vicinity that could be impacted by the project. In addition, a summary of the existing planning and policy context will be presented, including the property's relationship to the General Plan, zoning, and other applicable regional plans and policy documents. Project Description. The Project Description, which will be based on the Project Description prepared as part of Task 1.1, will be used as the basis for the impact analysis throughout the EIR. This section will include a brief description of the project's location and setting. This section also will identify the project's objectives, which will form the basis for subsequent analysis of project alternatives. In addition, an extensive description of the project will be included, which will consist of a summary of actions that may be associated with project implementation. Any areas anticipated to be impacted by off-site improvements also will be described In this section. Finally, the Project Description will document any and all anticipated subsequent approvals, including approvals that may be required from federal, state, and/or local agencies. Exhibits will be included in this section as necessary to describe the project proposal. Environmental Analysis. The Environmental Analysis section will address each environmental issue identified by the Initial Study for evaluation in the following general manner. The existing conditions/environmental setting as it relates specifically to the environmental topic under evaluation will be described to establish a baseline for conducting the environmental analysis. As necessary and Page 4 "i&B Planning„ Inc. Nichols Mine Expansion EIR Proposal Exhibit A: Scope of Work appropriate, a description of key terminology and concepts associated with the environmental issue area will be. presented, followed by a discussion of any regulatory requirements that may apply. Next, the significance criteria will be listed and will be accompanied by a justification as to the appropriateness of the criteria selected for evaluation. An analysis will then be presented for each significance criteria, and the analysis will provide a clear description and conclusion as to the level of significance of project impacts, prior to mitigation. T he analysis will include a discussion of potential direct, indirect, and cumulative impacts of the project, as well as a discussion of potential growth inducing impacts. T&B Planning will work with City and County staff and the project's traffic consultant to identify surrounding projects to be included in the cumulative impacts analysis. For each significant impact identified, feasible and enforceable mitigation measures will be presented. Finally, each chapter in this section will provide a conclusion as to the level of significance following implementation of recommended mitigation measures. Based on our preliminary knowledge of the project and our suggested approach for completing the environmental documentation, this proposal anticipates that the following environmental issue areas will be addressed in the EIR. o Aesthetics o Air Quality o Biological Resources o Cultural Resources o Geology and Soils o Greenhouse Gas Emissions o Hazards and Hazardous Materials o Hydrology/Water Quality o Land Use and Planning o Noise o Transportation/Traffic o Utility and Service Systems o Mandatory Findings of Significance our approach is to include an analysis of each topic unless it was clearly demonstrated by the Initial Study that there will be no impact or a less than significant impact without the need for mitigation. Mandatory CEQA Topics. The EIR will summarize unavoidable impacts of the project and will identify whether or not the impacts will be mitigated to below a level of significance. The FIR also will disclose significant irreversible environmental changes which would be involved in the proposed action should it be implemented. A discussion of Growth Inducement will focus on elements of the proposed project which could remove obstacles to growth in the area such as expanded water and sewer service capabilities and the provision of improved roadway connections. A discussion of Energy Conservation will describe how the project would not result in a wasteful use of energy. Lastly, this section will disclose effects that were found not to be significant during EIR scoping process and that do not warrant an in-depth analysis in the EIR (e.g., Agriculture and Forest Resources, Mineral Resources, Population and Housing, Public Services, and Recreation). Project Alternatives. The Project Alternatives section will be based on a description of reasonable project alternatives defined in consultation with City staff and the Project Applicant. Each alternative identified in this section will be intended to meet the project's primary objectives while minimizing or eliminating significant environmental effects associated with the proposed project. For purposes of budgeting for this task, it is anticipated that no more than three (B) alternatives will be presented in the FIR, Including the No Project Alternative. If exhibits illustrating the alternatives are required, we expect that the exhibits will be Page 5 T&B Planning, Inc. Nichols Mine Expansion EIR Proposal Exhibit A: Intended Approach provided by the Project Applicant's engineer at a level of detail that facilitates their analysis as required under CEQA. T&B Planning also can prepare the illustrations, although not budgeted at this time. Individuals and Agencies Consulted. This required section will identify all persons contacted in order to prepare the EIR. References. This required section will identify all reference sources used and persons contacted in order to prepare the EIR. Upon completion of the Administrative Draft EIR, the Administrative Draft EIR and its supporting technical reports will be submitted to the City and the Project Applicant for review and comment. Task 2.3 Prepare 2"d and 3`d Administrative Draft EIRs Based on comments received on the First Administrative Draft EIR document, T&B Planning will revise the FIR document to respond to comments, questions, and requests for clarification. This proposal anticipates that cornments will be moderate in scope and complexity. All document revisions will be indicated in st./underline format based on comments provided. For the purpose of creating a budget for this task, we expect that the City will not require substantial changes to the Project Description or to any of the technical reports prepared in support of the EIR. Upon completion of the Second Administrative Draft EIR, the FIR document and its supporting technical reports will be submitted to the City and Project Applicant for additional review. The budget for this task anticipates that only minor document revisions will be requested from the City and Project Applicant following submittal of the Second Administrative Draft EIR document, which will be incorporated as part of the Third Administrative Draft EIR document. However, if any substantive issues remain, T&B Planning will arrange a meeting with City staff to discuss the comments and recommend appropriate ways to address remaining concerns. Following City review of the Third Administrative Draft EIR document, it is expected that the City would clear the EIR for public review. Task 2.4 Prepare Mitigation Monitoring and Reporting Program T&B Planning; will prepare a stand-alone Mitigation Monitoring and Reporting Program (MMRP) in accordance with State law and City requirements to ensure implementation of mitigation measures, standard conditions, and project design features assumed in the EIR's analysis of impacts. The table will identify the conclusions drawn by the EIR, identify the level of impact significance for each significance threshold, and list every project requirement and mitigation measure listed in the body of the EIR, with the implementation timing and responsible parties noted. The MMRP will be provided as part of the Second Administrative Draft EIR. T&B Planning; staff is experienced in preparing practical, easily -implemented mitigation monitoring plans for a wide range of mitigation requirements. This proposal includes one round of moderate revisions to the MMRP in /underline format based on comments provided by City staff. Task 2.5 Prepare Notice of Completion and Public Review Draft EIR Upon receiving City authorization to publish the Draft FIR, 1&B Planning will prepare and print for public distribution the Draft FIR and its Technical Appendices per City direction and State requirements. The budget for this task includes distribution of the Draft EIR and Technical Appendices primarily in PDF format, burned to CDs with a custom-designed label. A small number of hard copies will be required for the City's internal needs and for distribution to agencies that require paper copies. Expenses associated with printing the Public Review Page 6 T&B Planning, Inc. Nichols Mine Expansion FIR Proposal Exhibit A: Intended Approach Draft FIR are not included in the budget for Task 2.5, and will instead be billed as reimbursable expenses against the budget for Task 5.1, in accordance with our HOURLY RATES AND BILLING POLICY (EXHIBIT C). 1 &13 Planning also will prepare the Notice of Completion (NOC) required for the Draft EIR's 45 -day public review period. This proposal anticipates that the Project. Applicant's Title Company will provide updated mailing labels for all property owners and occupants within the City's required notification radius. As part of this task, T&13 Planning also will work with City staff to ensure that an advertisement is prepared for publication in the local newspaper as required by CEOA. The distribution list for the Draft FIR will be based on the distribution list prepared for the project's NOP (Task 1.2), and supplemented if necessary by persons and organizations that request notification and/or all individuals and agencies that commented on the project's IS/NOP. Prior to public distribution, "1 &t3 Planning will submit the draft mailing list to the City for review and approval. 1 &13 Planning will conduct the Draft EIR distribution by first-class mail. Mailing expenses are not included in the budget for this task, and will be billed as reimbursable expenses against the budget for Task 5.1, in accordance with our HOURLY RATES AND BILLING POLICY (EXHIBIT C). Written public comment will be directed to the City, We recommend that the City forward copies of the comment letters to T &13 Planning as they are received, and then send us the complete set of original letters at the close of the public comment period. This will ensure that we have a complete package and will allow for scanning at the best quality possible. If any comments necessitate an expanded scope of analysis in the Final FIR, we will immediately evaluate our scope -of -work and notify the City. PHASE 3 PREPARE FINAL EIR, RESPOND TO COMMENTS, MMRP, AND HEARING MATERIALS Task 3.1 Prepare Response to Public Comments and Administrative Draft Final EIR Upon completion of the 45 -day public review period, T&i3 Planning will prepare written responses to all comment letters received. All comments received in response to the Draft FIR will be discussed with Cily staff, the Project Applicant, and the technical consultants as necessary, and an approach to the responses will be agreed upon prior to preparation of the draft Response to Comments. The draft Response to Comments will be submitted to the City and Project Applicant for review and approval. The budget for this task is based on the expectation that comments will not exceed more than 15 commenting agencies/individuals and/or over 75 substantive comments. Concurrently, '1'&13 Planning also will incorporate revisions into the FIR document necessary to clarify or correct information in support of the draft Response to Comments. Any such revisions will be shown in strike-eat/underline format. A new section in the FIR ('Final EIR") will be drafted to document the public review process for the EIR, summarize the comment letters received, and identify the nature, location, and reason for any and all revisions incorporated into the final document. This new section also will provide a discussion and rationale for why recirculation of the Draft EIR for an additional 4.5 -day public review period is not required pursuant to CEQA Guidelines Section 15088.5. The first draft of the Response to Comments and Final FIR will be submitted to City and Project Applicant for review and comment. In the interest of minimizing budget for this task, the budget includes submittal of only the Final EIR section and any changed pages in the Draft FIR for the initial review by the City and Project Applicant, along with copies of the draft Response to Comments and electronic versions of the Final FIR section, changed pages, and Responses to Comments. Following receipt of comments from the City and Project Applicant, I&13 Planning will incorporate revisions to the Response to Comments and draft Final EIR and re- submit the documents for a second iteration of City review. Page 7 T&B Planning, Inc. Nichols Mine Expansion EIR Proposal Exhibit A: Intended Approach i M Lr., Following the City and Project Applicant's second review of the Response to Comments and draft Final EIR, it is expected that the document will either be approved by City staff for consideration by the Planning Commission, or that only minor revisions would be necessary. Major revisions are not expected, nor budgeted. Once approved by City staff, 1'&B Planning will publish copies of the draft Final EIR for use by decision -makers and City staff during the public hearing process. Additionally, and as required pursuant to CEQA Guidelines Section 15088(b), T&B Planning will distribute copies of the Response to Comments via certified mail to all public agencies and individuals that commented on the Draft EIR at least 10 days prior to certification of the Final EIR. Certified mailing expenses and printing expenses are not included in the budget for this task, and will be billed as reimbursable expenses against the budget for Task 5.1, in accordance with our HOURLY RATES AND BILLING POLICY (EXHIBIT C). Task 3.2 Prepare Findings of Fact and Statement of Overriding Considerations (.&B Planning will prepare the CEQA documents required for the Final EIR public hearings, including the Statement of Overriding Considerations (if required) and the Section 15091 CEQA Findings of Fact (requiring a summary of each effect, identification of one or more of the required CEQA findings, listing of the associated mitigation measures, and the rationale for implementing the measures). This document will be submitted to the City and Project Applicant for review, editing, and approval. Following review of the first draft, it is anticipated that the City and/or Project Applicant may request minor revisions to clarify or expand on the findings and/or rationale for adopting a Statement of Overriding Considerations. The budget for this task includes one round of revisions to the Findings of Fact/Statement of Overriding Considerations, following which the final document will be submitted to the City for final review and approval. Task 3.3 Prepare and Post Notice of Determination After certification of the Final FIR by the City of Lake Elsinore, the City will prepare a Notice of Determination (NOD) form pursuant to Section 15094 of the state CEQA Guidelines. l &B Planning will post the City -prepared Notice of Determination (NOD) with the County Clerk. Timely filing (within five (5) working days of final decision) of the NOD by the lead agency (City of Lake Elsinore) reduces the statute of limitations on court challenges to the approval under CEQA from 180 days to 30 days. PHASE 4 MEETINGS, PROJECT MANAGEMENT, AND QUALITY CONTROL It is our intent to anticipate the meetings, hearings, coordination, and correspondence which might be required as part of this task. However, because working on entitlement projects is so often "reactive," it is difficult to know exactly what work will be needed. Therefore, while we have provided budgets for each of the Tasks below, these budgets should be considered estimates only, because all work performed under this Phase of work by T &B Planning will be on a Time and Materials basis in accordance with our HOURLY RATES AND BILLING Poocy, which is included herein within EXHIBIT C. Certain tasks can be anticipated and have been identified, but we also realize that a client's needs sometimes require additional meetings, unanticipated correspondence, etc. As the work efforts associated with these tasks are identified, we can provide updated budget estimates for their completion. Page 3 T&B Planning, Inc. Nichols Mine Expansion EIR Proposal Exhibit A: Intended Approach Task 4.1 Meetings, Correspondence. and Coordination All time spent by T&R Planning in attending meetings, preparing/updating project schedules, or in coordinating/communicating via phone, e-mail, letter and/or web -based conferencing with City staff, public agencies, the Project Applicant, legal counsel, and the project team (as needed) will be billed on a Time and Materials basis against the budget for this task. The amount of effort required for this task is highly dependent on the need for assistance from the City, Project. Applicant, and the project team. This task will commence upon authorization of this contract and will continue throughout the duration of the project. The actual number of hours associated with this task may be higher or lower than the estimated budget, which is set at $15,000.00, representing approximately 120 hours of staff time, and the budget for this task be drawn upon based on need. When the budget for this task is drawn down to $2,000, we may request additional funds authorization from the City if remaining coordination work is expected to exceed that amount. When the amount is fully drawn down, T&B Planning will cease coordination tasks. We will only bill for the actual number of hours required for this task. Attendance at Public Hearings is budgeted separately as part of Task 4.2. Task 4.2 Prepare For, Attend, and Present at Public Hearings For the purpose of preparing an estimated budget for this task, we anticipate that a T&ti Planning Principal and Senior Project Manager will take the lead in preparing for and presenting at a total up to two (2) public hearings before the City Planning Commission and/or the City Council (in the event the project is appealed). Time preparing for, attending, and traveling to/from public hearings will be billed on a Time and Materials basis against the estimated budget for this task. If additional public hearings are required, then the additional time will be billed against the budget for Task 4.1. If less time is required, we will only bill for the time actually spent. Task 4.3 Document Publishing and Coordination Work conducted under this task includes compilation of the Initial Study/NOP, Administrative Draft EIRs, Draft EIR, and Final EIR for printing and distribution. These docurnents are required to be distributed in both PDF and hard copy formats. Work efforts include creating master PDFs, burning documents to CDs, creating custom CD labels, and coordinating hard copy printing as necessary. It should be noted that the budget for this task accommodates only staff time spent in preparing, compiling, and coordinating printing of required documents and/or CDs. Costs associated with printing and CD creation will be billed as reimbursable expenses against the budget for Task 5.1, in accordance with our HOURLYRATESAND BILLING POLICY (Ext{IaIT C). Task 4.4 Administrative Record Filing Prior to the first public hearing, T&B Plannini; will prepare a comprehensive electronic record, with a corresponding index, of all relevant documentation in our possession for transfer to the City as part of the Administrative Record. Relevant documentation will include final versions of the Initial Study/NOP, EIR, supporting technical reports, all information sources cited in the EIR's references section, and pertinent written correspondence related to the EIR analysis methodologies and findings. T&R Planning will provide the City with one (1) CD of the administrative record. PHASE 5 DELIVERABLES Task 5.1 Deliverables The proposed budget provided with this proposal includes reproduction and other related costs, as well as mailing costs associated with the public distribution of documents and notices, based on the following quantity of deliverables. 'Ihe number of copies to be provided indicated in the table below includes estimations and not Page 9 T&D Planning, Inc. Nichols Mine Expansion FIR Proposal Exhibit A: Intended Approach fixed numbers. F&B Planning will provide the desired number of copies of the appropriate document; however, any additional copies greater than the total specified in the table below shall be prepared at cost and only upon the written approval of the City. Costs associated with the below -listed deliverables shall be invoiced in accordance with our HOURLY RATES AND BILLING POLICY (EXHIBIT C). It should be noted that the actual deliverables that may be needed in support of the project may vary from the list of deliverables provided below, and that not all of the deliverables listed below may be necessary. The budget for this task is intended to include any and all deliverables required for the project, whether listed below or not. Deliverable _ Format of Deliverable Initial Sludy/NOP 60 Hard Copies of Notice of Preparation Postage for Public Review Certified Mailings (Up to 00 marlin �) --- - ----- -- HrstAdministrative Draft LIR— — 1 CD with PDF version of FIR (including graphi(s) and Technical Appendices 6 Hard Copies of the Administrative Draft FIR (including 1 copy for Project Applicant) • '1 bard Copy of Complete; Technical Appendices Binder • fedCx expense for deliver of FIR to Project Applicant_ Second Administrative Draft. FIR 1 Cf.) with PDF version of FIR (including graphics) and I edv)ical Appendices • G I lard Copies of the Revised Adminisha(we Draft 1:111 (including "I copy for Project Applicant) 1 Hard Copies of each Revised Technical Study FedEx expense for deliver of FIR to Project. Applit ant Third Adnunisuative. Draft FIR 1 CD with PDF version of FIR (including graphics) and Technical Appendices 3 Hard Copies of the Revised Administrative Draft FIR (including 'I copy for Project Applicant) • FedEx expense for delivery of FIR to Project Applicant Public Review Draft FIR • 9 Hard Copies of the Public Review Draft FIR (2 copies for City of Lake Elsinore, up to 5 copies for Responsible/Trustee Agencies, 1 copy for the Project Applicant, and 1 copy for T&13 Planning) 1 Hard Copy of fie Technical Appendices Binder Up to 45 CDs with PDF versions of the FIR and Technical Appendices CIO CDs for City, "15 CDs for State Clearinghouse, and 20 CDs for distribution to Responsible/Trustee Agencies) Up to 65 I -lard Copies of Notice of Completion (NOC) 15 1 -lard Copies of ExeC,utive Summary Jet OPR) . Custom-designed CI.) labels • Mailing Expenses, including: o First. -class mail postage for distribution of up to 40 copies- of the Public: Notices/NOC to sunnunding property owners and public agencies, o Certified mail postage for distlibution of up to 'LS CDs and public notices/NOC to Public Agencies; o FedEx expenses for distribution of hard copies of the I R, hard copies of the NOC, and CI.)s to up to 5 Responsible/iiuslce Agencies and the Pioje( I Applicant, and n FedEx expenses for delivery of the 15 hoed copies of the f:xecirtive Summary and 15 CDs to the State Cleans xniu-; I`inal t -IR ' I -lard Copy o(—the Final FIR ('I copy for the City, 1 copy for the Project Applicant, and 1 copy for T&B Planning;) 1 t -laid Copy of the Technical Appendices Binder 0 1 CD will) PDF versions of the Final LIR and Technical Appendices . FedEx expense for delivery of Final Ir.IR to I'ro)ed Applicant. --1 I -lard Copy of the NOD Ad einnti)live Re<md'I CD ------ Page 1.0 '1&13 Planning, Inc. Nichols Mine Expansion EIR Proposal Exhibit B: Project Budget The services set forth in Exl-Iloll A, Intended Approach, shall be provided pursuant to the following cost estimate: Notes: 1) The fees for l'ask 1-1, Task 1.2, Task 2.2, Task 2.4, 'r ask 2.5, Task 3.2, and Task 3.3 represent fixed fees based on the accompanying SCOPE Of WORK, These fees will not be exceeded Unless the. CITY OF LAKE: ELSINORE AND/OR P ROIEQAPPLICANT dictate ChangP.S to the SCOPE Of WORK. 2) The fees for Task 2.1, Task 2.3, Task 3.1, Phase 4, and Phase 5 are estimates for budgeting purposes. Work shall be performed under these Casks on a Time and Materials basis In accordance with ow' HowaY RAPESAND BILLING POLICY (ExP en C). 3) Deliverable expenses, as set forth under Task 5.1, shall be Instead be invoiced on a Time and Materials basis against the budget identified -above for Task S. )., in accordance with our HoORLv RATES AND BuEWG Poucv (EXHI PI C), Page 1.1. T&13 Planning, Inc. Phase 1: Environmental Scoping Task 1.9. Prepare Project Description Fixed f-ee $3,880.00 Task 1.2 _ Prepare Initial Study and Notice of Preparation Fixed Fee $9,640.00 SubtotalPhase 1: $13,520.00 Phase 2: Prepare Draft EIR and Public Review Task 2.1 Task 2.2 _Distribute_For Evaluate NOP Comment Letters Prepare Administrative Draft EIR Estimated Fee Fixed Fee_ $1,500:00 $43,675.00 Task 2.3 Prepare 2nd and 3rd Administrative Draft EIRs Estimated Fee .r $18,250.00 Task 2.4 Prepare Mitigation Monitoring and Reporting Program Fixed Fee $2,220.00 Task 2.5 _ Prepare Notice of Completion and Public Review Draft EIR Fixed Fee $8,435.00 Subtotal Phase 2: $74,080.00 Phase 3: Prepare Final EIR, Respond to Comments, MMRP and Hearing Materials Task 3.1 Prepare Response to Public Comments and Administrative Draft Final EIR Estimated Fee Task 3.2 Prepare Findings of Fact and Statement of Overriding Considerations Fixed Fee Task 3.3 Prepare and Post Notice of DeterminationFixed Fee _ Subtotal Phase 3• Phase Phase 4: Meetings, Project Management, and Quality Control $11,0()0.00 $8 250.00 $5] 5.00 $19,765.00 19 765.00 Task 4.1 Task 4.2 Meeti rigs, Correspondence, and Coordination Prepare For, Attend and Present at Public Hearings EstimatedPee Estimated Fee $15,000.00 $4 800 00 Task 4.3 Document Pubhshm6 and Coordln rtlon Estimated Fee $4,02S.00 Task 4.4 Admmistl ative Record Filing Estimated Fee Subtotal Phase 4: $5,900,00 $29,725.00 'Phase Si Deliverables' - Task 5.1Deliverables Estimated Fee $7,800.00 Subtotal Phase 5: $7,800.00 Notes: 1) The fees for l'ask 1-1, Task 1.2, Task 2.2, Task 2.4, 'r ask 2.5, Task 3.2, and Task 3.3 represent fixed fees based on the accompanying SCOPE Of WORK, These fees will not be exceeded Unless the. CITY OF LAKE: ELSINORE AND/OR P ROIEQAPPLICANT dictate ChangP.S to the SCOPE Of WORK. 2) The fees for Task 2.1, Task 2.3, Task 3.1, Phase 4, and Phase 5 are estimates for budgeting purposes. Work shall be performed under these Casks on a Time and Materials basis In accordance with ow' HowaY RAPESAND BILLING POLICY (ExP en C). 3) Deliverable expenses, as set forth under Task 5.1, shall be Instead be invoiced on a Time and Materials basis against the budget identified -above for Task S. )., in accordance with our HoORLv RATES AND BuEWG Poucv (EXHI PI C), Page 1.1. T&13 Planning, Inc. Nichols Mine Expansion EIR Proposal f 0 Exhibit C: Hourly Rates and Billing Policy i ul, If at any time during the completion of this project, we are requested to perform services beyond the Scope of Work or if T&B Planning, Inc. is authorized to provide services on a Time and Materials basis, we will invoice for such work in accordance with the hourly rates provided below: • Principal/Senior Designer- ........................................... .................... $175,00/Hour • Senior Associate..................................................................................... $125:00/Flour Y Senior Manager/Senior Planner..............................................................$125.00/Hour • Project Manager....................................................................................... $ 95.00/Hour e Graphics Manager....... ...................................................... ...................... $ 95.00/Hour • Project Planner......................................................................................... $ 80.00/Hour • Environmental Analyst .... .............. ...................................................... .....$80.00/Hour StaffPlanner............................................................................................. $ 65.00/Hour • Graphic Artist/GIS Technician.................................................................. $ 65.00/1-iour Administrative Assistant/Assistant Planner..- ........ . .... ..... - ...... ........... $ 40,00/Hour T&B Planning's hourly rates do not include out-of-pocket expenses (including, but not limited to, blueprinting, duplicating/copying, reproduction, GIS data acquisition fees, aerial photography, site photos and delivery services), except as otherwise provided for by Task 51, Deliverables. We invoice on a monthly basis in proportion to the time spent on the project to date. Time and materials labor is rounded to the one-quarter hour. Fixed fee labor is invoiced based on the percentage of task complete. Unless pre- arranged, all billing statements are due and payable within thirty (30) days of the submittal date. A finance charge of 1%% per month will be charged on all invoices not paid within thirty (30) days of submittal. I&B Planning s procedure for prioritizing work is strongly influenced by timely payment of invoices by the Client. Outside professional services performed by other individuals/firms that are sub -contracted through 1 &B Planning will be performed only following authorization by you. Billing for any services that are sub -contracted will be billed at our actual cost plus 2% for administrative handling. The Client acknowledges that despite our best: efforts, certain aspects of the work to be performed Involve processing and discretionary approvals by politically influenced agencies and elected officials for which we can provide no guarantee of success. The compensation for T&B Planning, its sub -consultants and vendors is not dependent on agency concurrence or approvals. The Client agrees to limit T&B Planning's design professional liability to the Client and to all construction Contractors and Subcontractors on the project, because of T&B Planning's negligent acts, errors, or omissions, such that the total aggregate liability of I&B Planning's liability shall not exceed $50,000 or T&B Planning's total fee for services rendered on this project, whichever is greater. All work products, including but not limited to correspondence, reports and maps, generated for this project and retained by 1 &B Planning in its files shall be stored for a period of five years after completion of the project and then discarded, unless T&B Planning is advised in writing by the Client to retain or transfer such files. Page 12 1 &B Planning, Inc. Nichols Mine Expansion EIR Proposal Exhibit D: Authorization Form I hereby authorize 1&l3 Planning, Inc. (dba f&B Planning) to proceed with the services provided for by this proposal, which include: 1) Environmental Scoping; 2) Prepare Draft EIR and Distribute For Public Review; 3) Prepare Final EIR, Respond to Comments, MMRP, and Hearing Materials; 4) Meetings, Project Management, and Quality Control, and 5) Deliverables. Task 1.1, Task 1.2, Task 2.2, Task 2.4, Task 2.5, Task 3.2., and Task 3.3 as described in the SCOPE OF WORK, will be provided for a fixed fee budget of $76,615.00. Task 2.1, Task 2.3, Task 3.1, Phase 4, and Phase 5, as described in the SCOPE Or WORK, will be provided on a time and Materials basis under an estimated fee budget of $68,275.00, on an as -needed or on-going basis, as described in Exhibit A, INTENDED APPROACH. Work shall be performed under these tasks on a Time and Materials basis to the maximum fee indicated, in accordance with our HOURLY RATES AND BILLING POLICY (EXHIaIIC). The total cost contracted is $144,890.00. I have read and approved the full attached proposal which details these services and budget. As T&13 Planning proceeds with work under this contract, T&3 Planning will bill CLIENT on a monthly basis for work completed during the month. CLIENT will remit payment of the monthly invoices within 30 days. If T&13 Planning does not receive payment within 30 days, then CLIENT understands that all work on the project will stop until the invoice is paid. All invoices that are past 30 days due will be subject to a 1.5% per month late fee. MB Planning and CLIENT agree that CLIENT may request that T&6 Planning cease or suspend work on the project at any time. In that event, 7&R Planning shall prepare and submit an invoice for work completed as of the date 1 &13 Planning was notified to cease or suspend work. CLIENT agrees to compensate 7&R Planning for work performed under this proposal through the date work was ceased or suspended. I hereby authorize T&R Planning to proceed with the services provided for by this proposal. I have read and approved the full attached proposal which details these services, time frames, and budget. Signature Name and Title (Print) T&6 PLANNING, INC. March 18,_2015 Date Date Page 13 T&f3 Planning, Inc. 0 0 Ul 0 0 t11 O O In 0 0 ul O O u1 O O u1 O O O vl O V1 - ' O O N O O N 1 0 O N O O N O O N O O N 0 0 0 N O N- ci o io vi o .-i o o �ri vi o ri o o 0 vi o ri �i o o I.ri vi - N V O O h �ru O m 0 d ONO 00 OO dh N rr1 h M -1 H N' In h mHflN I/7 O1 M V rl r1 O vn. ih : t/} � ✓} Vf : to a? o In I.n rn m mO .10 I.n in o M o M w O N N N m p 1/1 N N N m O 1/I N N N m p N a a a u Ou H H Ira 0 O m Y H Y H Y O N • @ cy C Q� C N v a C In @ bA � t6 2 C U ,Q � c O ° u E v Y c o o 2 .o O o m d 0 v u ago L v u m .- t4 C C W o C v C LL o C v C LL O C v C C LL v 'o O p C O K cp , c O op EE OEO C u p_ r-+ � N U d � @ U d✓ N C U O d a+ Q1 bq 0l _ @ N W 0l ✓1 @ N bA QI v� l0 110 N � E c 0 N G E c v N ���-, m E E G @ w O Q o a 3J N O — H M m Y• NO d' ui v v d' d' tet' ui O v d' et Gt ui c2 v a a �t d' �N 1n O � O• '� Y Y Y .Y � �/I Y Y Y Y N f6 N ti h ru N N N N Q 1D t in N v� N v� N@ �1 N L rn N �n @ �n @ vl @ LL N H w ace>Ra'G CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDONYYY) `,,,r.,�" 6112!2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER Risk Strata les D2040 Main Street, Irvine, CA 92614 CA DO[ License No. OF06675 INSURED T & B Planning Inc, 17542 E. 17th Street, Suite 100 Tustin CA 92780 949-242-9240 INSURER(S) AFFORDING COVERAGE :itizens insurance Co. of America COVERAGES CERTIFICATE NUMBER: 2Rnan4F4 REVISION NUMBER: THIS IS TO CEIRTIPY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITFISTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OMER DOCUMENT WITH RESPECT TO WHICH THIS CERrIFICA"('E MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WILD ADDLSUBn' FF - - POLICYE--POLICY EXP LTR TYPO OF INSURANCEINSD WVD POLICY NUMBER IMMIDDIYYYYI IMMIDDIYYYYI LIMITS A ,� T COMMERCIAL GENERAL LIABILITY �/ •� 063A54679200 2/1/201.5 2/1/2016 [ACI I OCCURRENCE_ 5 $2000000 DAMAGE TO RCM f D " $1000900 CLAIMS-MADELI/_I OCCUR PREMISES (Ea Oowffence)_. 5 I ,.. MILD EXP (Any one porson)_ 5 $10,000 - PERSONAL &ADV INJURY 5 $2,000.0000 ___ G_E_NTAGGREGATIELIMIT _ APPLIES PER GENERAL AGGREGAI'1:: S $4,000,000 _ POLICY I `X._I JFC'I _f LOC PRODUCTS COMP/OP AGO 5 $4 OOD,000 OTITCR. S B AUTOMOBILE LIABILITY AW3A21249701 2/1/2015 2/1/'[016 COMaUdPne tf LIMIT COM11NED s _,$1,000,.,. V ANY AUTO — BODILY INJURY (Pm Pofson) S AL OWNED SCHEDULED BODILY INJURY (Per eccideni) 9 AUTOS AUTOS NUN OWNED I NIREDAUTOS AUTOS PROPERTY DAMAGE (Par.cadent) S UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS MADE -ON AGGRLGA]'E S UED RETGNi'IS _ 5 C: WORKERS COMPENSATION WZ3A54602100 2/1/2015 2.)1/2016I/s Rr{nE 01RFI. AND EMPLOYERS LIABILITY YIN ----- ANY PROPRIEI'OR/I AR'I'NERIEXI CUTIVL r l EACH ACCIDI Nl S $1,000,000 OIFICERIMEMBLR CXCL,UDED9I NIA - - _, (Mandatory In NH) EL DISEASF-CAEMPLOYEE IS $1,000,000 It rss, descnUe under DYSCRIPTION OP OPERAn'IONS telovl (I DISEASE POLICY LIMIT _-..__._—_ t$ $1,000,000 D Professional Liability MCI -1288294144 9/20/2014 9/20/2015 Per Claim: $1,000,000 Aggregate: $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VCHICLES (ADDED 101, Additional Remarks SchOdulo, e,, be ttM0.d if more spaco is roquhed) Projects as on file with the Insured including but not limited to: Job No. 996-001. The City of Lake Elsinore, its elected or appointed officers, officials, employees, agents and volunteers are additional insureds, including primary and non-contributory clause, on the General and Automobile liability policies - per the attached endorsements. A Waiver of Subrogation applies to the, General Liability, Automobile Liability and Workers Compensation policies per the attached endorsements. .w " City of Lake Elsinore AttIT: City Clerk 130 South Main Street Lake Elsinore CA 92530 ACORD 25 (2014/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH 1'14E POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ii T - Michael Christian n 1oPR.9Ma ArnRn rnRPn RATI0N All rinhis The ACORD namo and logo are registered marks of ACORD -'1men,i I is -r.: 6I ;, aL.er, is r: I vmd r . ...' I a/1 /'k I. ,I reel : (nerl I L•-, I "r ,o POLICY NO.:OB3A54679200 INSURED: T & B Planning, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM 1. Additional Insured by Contract, Agreement or Permit Under SECTION II — LIABILITY, C. Who Is An Insured, Paragraph 4. is added as follows: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions, or (2) The acts or omissions of those acting on your behalf, but only with respect to: (3) "Your work" for the additional insured(s) at the location designated in the contract, agreement or permit; or (4) Premises you own, rent, lease, control or occupy. This insurance applies on a primary basis if that is required by the written contract, agreement or permit. b. This provision does not apply: (1) Unless the written contract of written agreement has been executed of permit has been issued prior to the "bodily injury", "property damage" or "personal and advertising injury"; (2) 'to any person or organization included as an insured by an endorsement issued by us and made part of this Policy; (3) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property damage" or "personal and advertising injury" arises out of the sole negligence of the lessor; (4) -to any: (a) Owners m other interests from whore land has been leased which takes place after the lease for toot land expires; or (b) Managers or lessors of p'emises if: (1) The occurrence takes place after you cease to be a tenant in that premises, or (if) The "bodily injury", "properly damage" or "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor, or (5) To "bodily injury", "property dainage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. This includes but is not limited to any professional services as an architect or engineer arising out of any construction agreement or activities under which any insured or anyone acting on any insured's behalf provides or provided service, advice, expertise or work. Construction inoludes, but is not limited to, the plan, conception, design, build, construct, assembly, development, safety, erection, formation, reconstruct, rehabilitation, repair, or any improvement made to real property. Construction also includes the hiring, supervision of management of any of these activities. However, this exclusion does not apply to liability arising out of an insured's presence at a jobsite that was not caused by professional activities listed in the above paragraph. c. Additional insured coverage provided by this provision will not be broader than coverage provided to any other insured. d. All other insuring agreements, exclusions, and conditions of the policy apply. 11. Additional Insured by Contract, Agreement or Permit — Primary and Non-contributory The following is added to SECTION III — COMMON POLICY CONDITIONS: M. Other Insurance 1. Additional Insureds If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION II - LIABILITY, Part C — Who is An Insured, is primary and non-contributory, the following applies: 391-1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with Its permission :,soern:a I I;, 1011 11 - c.. I I u I e -,,,t'. . ra„ I an ns 1:31 ,., n,: (1.I) I , 2 <,c 10 Page 1 of 3 If other valid and collectible insurance is When this insurance is excess, we will have available to the Additional Insured for a loss no duty under SECTION II — LIABILITY, we cover under SECTION 11 — LIABILITY, Part A. Coverages, 1. Business Liability to Part A. Coverages, Paragraph 1., Business defend the insured against any "suit" if any Liability our obligations are limited as other insurer has a duty to defend the follows: insured against that "suit". If no other insurer a. Primary Insurance defends, we will undertake to do so, but we will be entitled to the insured's rights against This insurance is primary to other all those other insurers, insurance that is available to the Additional Insured which covers the When this insurance is excess over other Additional Insured as a Named Insured. insurance, we will pay only our share of the amount of the loss, if any, that exceeds the We. will not seek contribution from any sum of: other insurance available to the Additional Insured except: (1) The total amount that all such other (1) For the sole negligence of the insurance would pay for the loss in the Additional Insured; absence of this insurance; and (2) When the Additional Insured is an (2) The total of all deductible and self - Additional Insured under another insured amounts under all that other primary liability policy, or insurance. (3) When b.(2) below applies. We will share the remaining loss, if any, with any other insurance that is not described in If this insurance is primary, our this Excess Insurance provision and was not obligations are not affected unless bought specifically to apply in excess of the any of the other insurance is also Limits of Insurance shown in the primary. Then, we will share with all Declarations of this Coverage Part. that other insurance by the method described in b.(3) below. c. Method Of Sharing b. Excess Insurance If all of the other insurance permits contribution by equal shares, we will follow this method also. This insurance is excess over: Under this approach each insurer contributes (1) Any of the other insurance, whether equal amounts until it has paid its applicable limit primary, excess, contingent or on of insurance or none of the loss remains, any other basis: whichever comes first. (a) That is Fire, Extended If any of the other insurance does not permit Coverage, Builder's Risk, contribution by equal shares, we will contribute Installation Risk or similar by limits. Under this method, each insurer's share coverage for "your work"; is based on the ratio of its applicable limit of (b) That is Fire insurance for insurance to the total applicable limits of premises rented to the insurance of all insurers. Additional Insured or III. Aggregate Limit of Insurance (Per Project) temporarily occupied by the Additional Insured with a. For purposes of the coverage provided by this permission of the owner; endorsement, D. Liability and Medical Expenses Limits of Insurance under Section 11 (c) That is insurance purchased by — Liability is amended by adding the following: the Additional Insured to cover the Additional Insured's liability The General Aggregate Limit under D. Liability as a tenant for "property and Medical Expenses Limits of Insurance "your applies separately to each of projects" or damage" to premises rented to each location listed in the Declarations. the Additional Insured or temporarily occupied by the b. For purposes of the coverage provided by this Additional Insured with endorsement F. Liability And Medical permission of the owner; or Expenses Definitions under Section It - Liability is amended by adding the following: (d) If the loss arises out of the maintenance or use of aircraft, a. `Your project" means; "autos" or watercraft to the I. Any premises, site or location at, on, or extent not subject to Exclusion in which "your work" is not yet g. of SECTION 11 — LIABILITY, completed; and Part A. Coverages, 1. Business Liability. it. Does not include any location listed in the Declarations. 391-1586 02 11 Includes copy0ghted material of Insurance Services Offices, Inc, with Its permission Page 2 of 3 ^.zmaoass I ,t, J, rJ. ,.w .:.., x<a. u, I s: ."I, t ,,, I r,/v,10P; „ ',v:s'� Ao (eo'r) ( �,: -, or ," IV. Blanket Waiver of Subrogation Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III — Common Policy Conditions is amended by the addition of the following: We will waive any right of recovery we may have against any person or organization when you have agreed in a. written contract, permit or agreement to waive any rights of recovery against such person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". 391-1586 02 11 Includes copyrighted material of Insurance Services Offices. Inc„ with its permission Page 3 of 3 -n. "C' I ". w. I sand M--,- I NOTICE OF CANCELLATION TO DESIGNATED ENTITY(S) INSURED: T & B Planning, Inc. POLICY NO.: OB3A54679200 AW3A21249701 This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART BUSINESS AUTO COVERAGE FORM BUSINESSOWNERS COVERAGE FORM Name of Desiqnated Entity I Mailinq Address or Email Address I Number Days Notice 30 130 South Main Street Lake Elsinore CA 92530 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. If we cancel this policy for any reason other than nonpayment of premium, we will give written notice of such cancellation to the Designated Entity(s) shown in the Schedule. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity(s) will state the effective date of cancellation. Unless otherwise noted in the Schedule above, such notice will be provided to the Designated Entity(s) no less than the number of days in advance of the effective date of cancellation that we are required to provide to the Named Insured for such cancellation. Such notice of cancellation is solely for the purpose of informing the Designated Entity(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy. Failure to provide notice in accordance with the terms of this endorsement does not: a. Alter the effective date of policy cancellation; b. Render such cancellation ineffective; c. Grant, alter, or extend any rights or obligations under this policy; or d. Extend the insurance beyond the effective date of cancellation. ALL OTHER TERMS AND CONDITIONS OF 'THIS POLICY REMAIN UNCHANGED. 401-1235 04 11 Includes copyrighted material of Insurance Services Office Inc., Page 1 of 1 Witt its pe)missfon �r.e9o11a 1 1. f IN,711. 111, f.o, r.i -i ¢) 1 :,vm [Jan, I e/I:/,oII, ix.11 Ie All u'im) I taec s of 10 Policy No.: AW3A21249701 The a'n®ve■ g� .4 Insurance Groupe THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provide by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 2/1/2015 Name Insured: T & B Planning, Inc. Name of Person(s) or Organization(s): Where required by written contract Countersigned By: SCHEDULE (Authorized Representative) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 iIa6ll' I4 I i', 1, 141.-n., uP vc, is->> P1. I ra,m: Mule„, 1 11.3q.3s All tre-r) I PA,! 6 e 10 Insured: T & B Planning, Inc. Policy No.: AW3A21249701 14. AUTO LOAN PHYSICAL DAMAGE EXTENSION The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance provision: When a "loss" results in a total loss to a covered auto you own for which a Loss Payee is designated in this policy, the most we will pay for "loss" in any one "accident" is the greater of: 1. The actual cash value of the damaged or stolen property as of the time of the "loss"; or The outstanding balance of the initial loan, less any amounts for taxes, overdue payments, overdue payment charges, penalties, interest , any charges for early termination of the loan, costs for Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan, and carry-over balances from previous loans. 15. AUTO LEASE PHYSICAL DAMAGE EXTENSION The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance provision: If, because of damage, destruction or theft of a covered "auto", which is a long-term leased "auto", the lease agreement between you and the lessor is terminated, "we" will pay the difference between the amount paid under paragraph C. LIMIT OF INSURANCE 1. or 2. and the amount due at the time of "loss" under the terms of the lease agreement applicable to the leased "auto" which you are required to pay: less any fees to dispose of the auto; any overdue payments; financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; security deposits not refunded by the lessor; cost for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan; and carry over balances from previous leases. This coverage applies only to the initial lease for the covered "auto" which has not previously been leased. This coverage is excess over all other collectible insurance. SECTION IV - CONDITIONS 16. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss: d. Knowledge of any "accident", claim, "suit" or "loss" will be deemed knowledge by you when notice of such "accident", claim, "suit" or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager if you are a partnership; or (3) An executive officer or insurance manager if you are a corporation. 17. BLANKET WAIVER OF SUBROGATION Paragraph 5. Transfer Of Rights Of Recovery Against Others To Us, SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions is replaced by the following: Includes copyrighted material of Insurance Services Office, Copyright, Insurance Services Office, Inc., 461-0155 (9-97) ,uCoa , I ,..Va 1;1.-A,. (11, 1;1,, 14-1' rt 18o 11 11>ru„n 1 61i /'r.s 1 1.p+!:3p N-, (Pol) 1 , ”, ," Inc. with its permission. 1996 Insured: T& B Planning, Inc. Policy No.: AW3A21249701 5, Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, which have not been waived through the execution of an "insured contract', written agreement, or permit, prior to the "accident' or "loss" giving rise to the payment, those rights to recover damages from another are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after the "accident" or "loss" to impair them. 18. UNINTENTIONAL FAILURE TO DISCLOSE INFORMATION The following is added to SECTION IV BUSINESS AUTO CONDITIONS. B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud: Your unintentional error in disclosing, or failure to disclose, any material fact existing after the effective date of this Coverage Form shall not prejudice your rights under this Coverage Form. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. 19. HIRED AUTO -WORLDWIDE COVERAGE The following is added to SECTION IV - Business Auto Conditions, B. General Conditions, paragraph 7. Policy Period, Coverage Territory provision: e. Outside the coverage territory described in a., b., c., and d. above for an "accident' or "loss" resulting from the use of a covered "auto' you hire, without a driver, or your employee hires without a driver, at your direction, for the purpose of conducting your business, for a period of 30 days or less, provided the suit is brought within The United States of America or its territories or possessions. SECTION V - DEFINITIONS 20. MENTAL ANGUISH Paragraph C. "Bodily injury", SECTION V - DEFINITIONS is replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) s1111454 I u-ic cr AT, 1)ir.'::, is ,,, I tuna an- 1 ah cr- 11 P+ ,= nn 0 ,1) r, ,, m 1" WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless otherwise stated. This endorsement effective on 2/1/2015 at 12:01 am standard times forms a part of Policy No. WZ3A54682100 of the Hanover American Insurance Co. issued to: T & B Planning, Inc. Premium (if any) $ Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.000% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION WITH WHOM YOU AGREE IN WRITING TO WAIVE YOUR RIGHT TO RECOVER AGAINST THEM. YOU MUST AGREE TO THIS WAIVER PRIOR TO THE DATE OF LOSS Job Description: Projects as on file with the insured W C 252 040 84 2s0004 ',9 119-15 ,I IS vL I Cantlt ISI 1 611�120ts I1.:39-39 M! (efir) I rage 9 of 10 NOTICE OF CANCELLATION TO DESIGNATED STI (S) (Including Nonpayment of Premium) This endorsement modifies insurance provided under the following: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. If we cancel this policy for any reason, including nonpayment of premium, we will give written notice of such can- cellation to the Designated Entity(s) shown in the Schedule. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity(s) will state the effective date of cancellation. Unless otherwise noted in the Schedule above, such notice will be provided to the Designated Entity(s) no less than the number of days in advance of the effective date of cancellation that we are required to provide to the Named Insured for such cancellation. If the reason for cancellation is nonpayment of premium, however, we will provide fen days notice. Such notice of cancellation is solely for the purpose of informing the Designated Entity(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligatlons under this policy. Failure to provide notice in accordance with the terms of this endorsement does not; a. Alter the effective date of policy cancellation; b. Render such cancellation ineffective; c. Granl, alter, or extend any rights or obligations under this policy; or d. Extend the insurance beyond the effective date of cancellation. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED, This endorsement changes the policy to which it is attached and Is effective on the date issued unless olhemise stated, iTho Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 2/1/2015 Policy No.:WZ 3A54682100 Endorsement No: NIA Insured: Insurance Company: T R R Planninn Inc Alimerica Financial Benefit Ins Co , Aulhorized Representative 331-0341 0411 Includes copyrighted materials from ISO, Inc. 2003 Page 1 of 1 ❑ sriea.v: I iS-1e G.. ni -u,, we X, i- 'L I Fnuti 4,, i,, 16/1 h016 11,3919 NI :enm) I rage ]o of I AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF LAKE ELSINORE AND AND T&B PLANNING Nichols Mine Expansion THIS AMENDMENT NO. 1 is made and entered into as of May 10, 2016, by and between the City of Lake Elsinore, a municipal corporation ("City"), and T&B Planning, a California corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of May 12, 2015 (the "Original Agreement"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount not to exceed $144,890. C. The parties now desire to modify the scope of services and increase the payment for such services by of $22,718.75 as set forth in this Amendment No 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following paragraph: Consultant shall also perform the services described in the First Addendum to Proposal to Provide CEQA Consulting Services (the "Addendum") attached hereto and incorporated herein. All references to "Consultant's Proposal" and/or "Exhibit A" shall include the Addendum. 2. The second full sentence of Section 3, Compensation, of the Original Agreement is hereby amended to read as follows: In no event shall Consultant's compensation exceed $167,608.75 without additional written authorization from the City. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. Nichols Mine Expansion - Amendment No. 1 rev Page 1 IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney "CONSULTANT" T&B PLANNING, a California corporation Joel Morse, President Attachments: First Addendum to Proposal to Provide CEQA Consulting Services Nichols Mine Expansion - Amendment No. 1 rev Page 2 First Addendum to Proposal to Provide CEQA Consulting Services e Vj P L A N N I N G Tustin, CA I Sall Diego, CA I Murrysville, PA 17542 East 17dt Strcep Suite 100 Tustin, CA 92780 p714.505.6360 f714.505.6361 RRiT—A-14FDvMAHAT T-®'�i' ma;, �rna�r ene>,Amngrnrmrr n>irootnr�er�nvl�c-�4v$-v.�,�",�-��i�.r,��.;,;rt�-�-��eg3^2�nseisf riazn�-rnm nwrv�vc�n<u,va s�--�'A.v'u u-cn,acnv., a. -�rr�-w slel i etrope ra F& B War�a r g ISI & Q l�ka �n+ng^ ct CHEAT -h fvM-iwm?ed-as CLIENTNAME: CITY OF LAKE ELSINORF, JOB NUMBER: 996-001 PROJECT NAME: NICHOLS MINE EXPANSION DATE: April 11, 2016 First Addendum The following is the proposed F-i-rst—ArnenAmer3t to the City of Lake Elsinore Professional Services Agreement (Agreement) with T&B Planning, Inc. for the Nichols Mine Expansion project, dated May 12, 2015, pursuant to Exhibit A, Scope of Work. All other provisions of the original Agreement shall remain in force and in effect except as modified herein. Net Budget Increase Request: $22,718.75, as detailed in Exulfflr . SUMMARY OF R46 -T �AW:N9MHMT: First Addendum to Proposal This is necessary to provide a scope of work and budget for substantive revisions to the Nichols Mine Expansion FIR in response to comments received by the City of Lake Elsinore during the Draft EIR's public review period. In total, 12 comment letters were received, including a lengthy letter from the law firm, Blum Collins, LLP. Due to the scope and content of the necessary EIR revisions and the likely addition of mitigation measures, the Draft EIR will be recirculated for a second round of public review before the Final EIR is prepared. To support the revised and recirculated Draft EIR, several revised technical studies, including the air quality report, health risk assessment, and greenhouse gas emissions report, will be updated by the Project Applicant's technical team and provided for T&B Planning's use. Once the revised technical studies and revised Draft EIR have been completed to the satisfaction of the City of Lake Elsinore, the Draft EIR will then be distributed for an additional 45 -day public review and comment period, following which T&B Planning will prepare detailed responses to comments, and assemble a draft Final EIR. DEIAILS/COMMEN IS 1. Tasks 1.1 through 2.5 Work efforts associated with Tasks 1.1 through 2.5 have been completed. Accordingly, as part of this First Addendt m�tnd1 13t t �r stet, the budget for these tasks is being eliminated. Specifically, this First Anlelriena to Contract reduces the remaining budget allocated to these tasks by $20,231.25. Addendum 2. (New) Task 2.6 — Prepare Recirculated Draft EIR (RDEIR) New Task 2.6 is needed to allow T&B Planning to make appropriate revisions to the Draft EIR in response to public comments: www. rbp lanni n g. com PLANNING i DESIGN I ENVIRONMENTAL I GRAPHICS R-imn 2009-01-¢ Exhibit A {'tI'st-hL��errc�ar�ei34-ta�eLaYsa&t Nichols Mine Expansion April 11. 2016 • RDEIR, Explanation.for Recirculation. This is a new section of the Draft EIR that will explain the purpose of re -circulating the Draft EIR for public review and identify the portions of the document that were subject to revision. T&B Planning will prepare all Errata of Changes Table (or a new Appendix to the RDEIR comprising an Errata), which will indicate how each comment received by the City on the Draft EIR (when it was first circulated for public review) is addressed in the RDEIR. It should be noted that the budget for this task allows for responses to up to 500 individual comments received in response to the First Public Review Draft EIR. • 5.0, Executive Summary. Revisions to this Section are necessary to reflect changes to other portions of the DEIR, as described below. In addition, the MMRP Table will be updated to reflect any revisions to the mitigation measures. • 1.0, Introduction. Revisions to this Section will briefly explain the CEQA process, including the RDEIR recirculation procedure, and make note additional areas of controversy based on the comment letters that were received in response to the initial public review period. • 2.0, Environmental Setting. Revisions to this Section will incorporate additional specificity regarding the environmental baseline used as the basis for analysis in the DEIR. • 3.0, Project Description. Minor changes to this Section will describe the physical and operational characteristics of the asphalt batch plant and other details about the proposed Project requested in comment letters to the DEIR. • 4.0, Environmental Analysis. Substantive revisions to several subsections are necessary, most particularly Subsection 4.1, Air Quality, and Subsection 4.6, Greenhouse Gas Emissions, to address the Project's asphalt batch plant operations. Minor revisions and clarifications also will be required to other Subsections. T&B Planning expects to receive an updated Air Quality Report, Health Risk Assessment, and Greenhouse Gas Emissions Report from the Project Applicant's technical team to form the basis of updates in Subsections 4.1 and 4.6. • 5.0, Mandatory CEQA Topics. Minor revisions to this Section will be necessary based on the revisions incorporated into Section 4.0. 6.0, Alternatives. Minor revisions to this Section will be necessary based on the revisions incorporated into Section 4.0, particularly if the revised analysis identifies significant and unavoidable impacts. • 7.0, References, Minor revisions to this section are necessary to reflect updates to information sources and citations. • Technical Appendices. T&B Planning expects to receive an updated Air Quality Report and Greenhouse Gas Emissions Report from the Project Applicant's technical team, which we will compile into an updated "Technical Appendices volume to support the RDEIR. www.tbplannin€;.com PLANNING I DESIGN I ENVIRONNIEN9'AL I GRAPHSCS K,,,,,d z000-oi-iz �H�t-Art�enc.4�aet��ta-E�at��acfi Nichols Mine Expansion P L. A N N I N G April 11, 2016 Once the revisions are complete, the RDEIR and all updated technical studies will be provided to the City of Lake Elsinore for review and comment. An electronic copy in PDF format will be provided in strikeout/underline format, in addition to two (2) hard copies of the Administrative RDEIR, two (2) hard copies of the revised technical studies, and (2) CDs containing the Administrative RDEIR and revised technical studies. 3. (New) Tack 2.7 — Prepare and Distribute RDEIR and Public Notices for Public Review After City staff reviews the Administrative RDEIR, T&B Planning will incorporate any necessary revisions in response to comments received from City staff. This proposal assumes that City comments will be minor in nature and will not require substantive revisions to the technical studies, as revised. Should the City identify a need for major revisions or substantive changes to the project's technical studies, then additional budget may be required. Once revisions have been incorporated pursuant to the City's comments, electronic (i.e., PDF) copies of the revised pages from the RDEIR will be provided to the City for final review and approval. The budget for this task assumes a minor amount of coordination with City staff as necessary to clear any outstanding comments. Upon receiving City authorization to publish the RDEIR, T&B Planning will prepare and print for public distribution the RDEIR and its Technical Appendices per City direction and CEQA requirements. The budget for this task assumes distribution of the RDEIR and Technical Appendices primarily in PDF format, burned to CDs with a custom-designed label. Burning of up to 100 CDs are budgeted which will include both the RDEIR and Technical Appendices. Up to five (5) hard copies of the RDEIR and one (1) hard copy of the Technical Appendices binder are budgeted for printing. This proposal also assumes that up to 150 public notices will need to be published. T&B Planning will prepare the Notice of Completion (NOC) and other public notices required for the RDE1R's 45 -day public review period. The mailing list will be identical to the list used for the original Draft EIR distribution, and supplemented with any individuals/agencies that previously provided comments on the Draft EIR. Prior to public distribution, T&B Planning will submit the revised draft mailing list to the City for review and approval. Fees for mailing the RDEIR via first class United States Postal Service (USPS) are budgeted as part of Phase 5, Deliverables, of the Professional Services Agreement Scope of Work. Written public comment will be directed to the City. We recommend that the City forward copies of the comment Tetters to T&B Planning as they are received, and then send us the complete set of original letters at the close of the RDEIR public comment period. This will ensure that we have a complete package and allow for scanning at the best quality possible. If any comments necessitate an expanded scope of analysis in the Final EIR, we will immediately evaluate our scope -of -work and notify the City. 4. (New) Task 3.I (A) —RDEIR Responses to Conurtents Upon completion of the 45 -day public review period, T&B Planning will prepare written responses to all comment letters received. All comments received in response to the RDEIR will be discussed with the City of Lake Elsinore, the technical report authors, the Project Applicant, and the Project Applicant's legal www. tbpla nning.com PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS R.- M2UOR-01.12 Ria�st-Aaiend�eta6Lo-G,�o-rtreet Nichols Mine Expansion P r n N N I u p April 11, 2016 counsel, as necessary. The budget for this task assumes that comments will be no more than twenty (20) commenting agencies/individuals and/or more than 500 substantive comments. If any comments necessitate an expanded scope of analysis in the Final FIR or additional technical analysis, T&B Planning will immediately evaluate our scope -of -work and notify the City. The draft responses to comment will be submitted to City staff for review and approval. Upon approval from the City, T&B Planning will finalize the response to comments and include them as a separate section in the Final EIR. 5. Trask 4.1 — Meetings, Correspondence, Coordination Additional budget is needed for this task to allow T&B Planning to conduct on-going coordination and management activities in support of the RDEIR. The budget for this task is intended to cover any phone calls, conference calls, or e-mail coordination with City staff, as appropriate and necessary. Please note that the budget for this task represents all estimated budget through project approval, and the City only will be charged for time actually spent in coordinating activities in support of the project. 6. Tusk 4.3 — Document Publishing and Coordination Additional budget is needed in order to prepare the Administrative RDEIR, DEIR, and revised technical reports for publication and publish the documents in electronic format and hard copy. The budget for this task is intended to cover formatting, pagination, compiling PDFs, creating PDF hyperlinks, burning CDs, creating CD labels, and coordination with the printing company for hard copies. Please note that the budget for this task represents an estimated budget, and the City only will be charged for time actually spent in coordinating activities in support of the project. Z Task 4.4 — Administrative Record Filing Additional budget is needed in order to supplement the E1R's Administrative Record with the RDEIR and the information and data sources and citations used during preparation of the RDEIR An updated Administrative Record CD will be delivered to the City prior to the RDEIR being circulated for public review, and again prior to the first public hearing. S. Phase 5—Deliverables Additional budget for Phase 5.0, Deliverables, is requested as our previously -approved budget for project - related deliverables has been exhausted. The requested budget supplement is necessary to allow for the printing and delivery of the documents identified in the following table. It should be noted that the following table amends and replaces the Suininmy of Deliverables Table that was included in the original Agreement. Client only will be charged for deliverable and delivery expenses incurred in support of the proposed project, and will be invoiced on a Time and Materials basis in accordance with our Hourly Rates & Billing Policy, which is incorporated herein and attached hereto as EXHIBIT "A". Sunamary of Deliverables: Deliverable _7_Format of Deliverable Recirculated Draft EIR 2 CDs with PDF version of RDEIR (including graphics) and W w't b p Lanni❑€,.coill PLANNING I DESIGN I ENVIRONMENTAL, j GRAPHICS R,,,,,d zoovoi 1' A pq First Amendment to Contract Nichols Mine Expansion P L A N N I N G April ll, 2016 Deliverable Format of Deliverable Technical Appendices 2 Hard Copies of the RDEIR 2 Hard Copies of Each Revised Technical Study Prepare and Distribute • 5 Hard Copies of the Public Review Draft FIR RDEIR and Public Notices - 15 Hard Copies of Executive Summary (for OPR) for Public Review . l Hard Copy of the Technical Appendices Binder 100 Custom-designed CD labels 100 CDs with PDP versions of the FIR and Technical Appendices 150 Hard Copies of Public Notices, including NOC Postage for Public Review Certified Mailings for Public Agencies and Surrounding Property Owners (including 130 first class mailings and 5 overnight mailings [FedEx]) These services shall be provided for an estimated net increased,fee of 822,718.75, which shall result in a total net increase the total Agreement budget.from $144,890.00 to $167,608.75, including the pre paid expenses identified above and in accordance with our HOURLI' RATES i1ND BILLING POLICT' incorporated herein and attached hereto as EXHIBIT `A. " A summary of the budget associated with the above-described work efforts is provided on the attached Contract Summary, which is incorporated herein and attached hereto as Extutur "B. " As shown in Exiin in, "B, " T&B Planning propose to zero -out unexpended,funds in Tasks 1.1 through 2.5 (resulting in a total reduction of $20,231.25), and increase the hudget.for the additional scope of work items listed above (resulting in a total increase of $42,950. OQ); thus, this provides for a net increase in budget of $22,718.75. First Addendum CiICNT hereby authorizes T&B Planning to proceed with the work herein described and T&B Planning agrees it shall provide such services in a drrnely and efficient manner. ff the job is canceled prior to completion. CLIENT agrees to pay for that portion of work performed prior to cancellation. T�rdT,�E€F-WrF��RE©E-thus-to-thrs�ign^eeranensTdnewe-�eet�teei-Flri-.n^eesnserrl-�feet�e-a�of-tyre date-raid-t,'"ear-fir w above-tmoew- Tue--PI_ANN NG,-lNC a-E-al+fmiia-f-mpavi tion pr.osi'doul Do,(( ­dr P✓ arc1,..2.,,.201-.r GH -Y GF ii+ 131�r Dated. wrvw.rbp huu,i ng.com PLANNING � DESIGN I ENVIRONMENTAL ! GRAPHICS Rc illd3019-001 12 'A 14 Estimate & Authorization Nichols Mine Expansion PLAN N 1 April 11, 2016 EXHIBIT "B" HOURLY RATES AND BILLING POLICY If at any time during the completion of this project, we are requested to perform services beyond the Scope of Work or if T&B Planning, Inc. is authorized to provide services on a Time and Materials basis, we will invoice for such work in accordance with the hourly rates provided below: • Principal/Senior Designerr........................................................................$175.00/Flour • Senior Associate..................................................................................... $125.00/Hour • Senior Manager/Senior Plannerr...............................................................$125.00/Hou Project Managerr........................................................................................ $ 95.00/Hour • Graphics Managerr..................................................................................... $ 95.00/Hour • Project Planner.......................................................................................... $ 80.00/1-10ur Environmental Analyst.............................................................................$ 80.00/Hour Staff Planner.............................................................................................$65.00/Hour • Graphic Artist/GIS Technician................................................................ $ 65.00/Hour • Administrative Assistant/Assistant Plannerr.............................................. $ 40.00/1 -lour T&B Planning's hourly rates do not include out-of-pocket expenses (including, but not limited to, blueprinting, duplicating/copying, reproduction, GIS data acquisition fees, aerial photography, site photos and delivery services), except as otherwise provided for by Phase 5, Deliverables). We invoice on a monthly basis in proportion to the time spent on the project to date. Time and materials labor is rounded to the one-quarter hour. Fixed fee labor is invoiced based on the percentage of task complete. Unless pre- arranged, all billing statements are due and payable within thirty (30) days of the submittal date. A finance charge of I '/z% per month will be charged on all invoices not paid within thirty (30) days of submittal. T&B Planning's procedure for prioritizing work is strongly influenced by timely payment of invoices by the Client. Outside professional services performed by other individuals/firms that are sub -contracted through T&B Planning will be performed only following authorization by you. Billing for any services that are sub -contracted will be billed at our actual cost plus 2% for administrative handling. The Client acknowledges that despite our best efforts, certain aspects of the work to be performed involve processing and discretionary approvals by politically influenced agencies and elected officials for which we can provide no guarantee of success. The compensation for T&B Planning, its sub -consultants and vendors is not dependent on agency concurrence or approvals. The Client agrees to limit T&B Planning's design professional liability to the Client and to all construction Contractors and Subcontractors on the project, because of T&B Planning's negligent acts, errors, or omissions, such that the total aggregate liability of T&B Planning's liability shall not exceed $50,000 or T&B Planning's total fee for services rendered on this project, whichever is greater. All work products, including but not limited to correspondence, reports and maps, generated for this project and retained by T&B Planning in its files shall be stored for a period of five years after completion of the project and then discarded, unless T&B Planning is advised in writing by the Client to retain or transfer such files. W w w, t b p la nn i n P. com PLANNING DESIGN I ENVIRONMENTAL j GRAPHICS Revisal 20OM1-12 Estimate & Authorization Nichols Mine Expansion nl.nNNtruc April 11, 2016 EXHIBIT "B" 1.1 Description Pre are Pr ect Descd tion$ , inal Contract 3,880.00 1 #1 ($1.25 Authorized $ 3,878.75 Billed $3.878.751 Total Billed 53,878,75 Remaining $0,00 1.2 Prepare Initial Study and Notice of Preparation S 9,640.00 1 ($15.00) $ 9.625.00 $9,625.001 $9,625.00 $0.00 2.1 Evaluate NOP Comment Letters $ 1,50000 (S12.50) $ 1,48750 $5,487.50 $1,487.50 50.00 2.2 Prepare Administralive Draft EIR $ 43,675.00 ($2.50) $ 43,672.50 $43,672.50 $43,672,50 $0.00 2.3 Pre are 2nd and 3rd Administrative Draft EIRs $ 18,250.00 r$13.977.50) $ 4,272,50 $4,272.50 $4,272.50 $0.00 2A Prepare MITI ation Momoring and Reporting Program $ 2,220.00 ($1.25 $ 2,218,75 52,218,75 $2,218.75 $0.00 2.5 Prepare Notice of Completion and Public Review Draft EIR $ 8,435.00 (56,221.25) $ 2,213.75 $2,213.75 52,213.75 $0.00 2.6 Prepare Recirculated Draft EIR S $23.250.00 S 23,250.00 $0,00 $0,001 $23.250.00 3.1 Pre ere Response to Public Comments and Administrative Draft Final EIR 5 11,000.00 S 11,000.00 $0.00 $Qo0 $11,000.00 3.1A Repute RDEIR Responses to Comments 5 $6,000.00 S 6,00000 3.2 Prepare Findings of Fact and Statement of Overriding Considerations $ 8,250,00 S 8,25000 $0.00 $0.00 $8 250.00 3.3 Prepare and Post Notice of Determination $ 515.00 $ 515,00 $0.00 $0.00 $515.00 4.1 Meetings, Correspondence. and Coordination 5 75,000.00 54.000.00 $ 79,00000 S5,121.25 $5,121.25 $13,878.75 4.2 Prepare For, Attend, and Present at Public Hearin $ 4,800.00 $ 4,80000 $0.00 $0.00 $4.800.00 4.3 Document Publishingand Coortlination S 4025.00 $2.800.00 $ 6,82500 $2998.75 52.998.75 $3826.25 4.4 lAdnunistrative Record Filing S 5,900.00 I 51,90000 $ 7,800.00 $5,900.00 $5,900.00 $1.900,00 5.1 Deliverables1 S 7,800.00 1 144,890.00 1 55,00000 S22 718 76 $ r.r 12,80000 $5,041,88 ff jffr. $5,041.88 JIMMMM $7,758.12 www. i by lunni n g.coin PLANNING I DESIGN ENVIRONMENTAL I GRAPHICS Iievisc12009GI 12 U, tiIIS�'i:,P: Agenda Date: 5/10/2016 In Control: City Council Agenda Number: 9) City of Lake Elsinore Text File File Number: ID# 16-206 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 5/5/2096 CITY OF LADE LSMORT DREAM EXTREME - CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Honorable Mayor and City Council Members FROM: Grant Yates, City Manager DATE: May 10, 2016 PROJECT: COMMERCIAL DESIGN REVIEW 2016-03 - A request for the approval of a 6,120 square foot RV sales office and related improvements located at APN: 377-110-045. APPLICANT: Dan Hinson, HC&D Architects Recommendation ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT COMMERCIAL DESIGN REVIEW NO. 2016-03 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); AND, ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2016-03 FOR THE DEVELOPMENT OF A 6,120 SQUARE FOOT RV SALES OFFICE AND RELATED IMPROVEMENTS LOCATED AT APN: 377-110-045. Background The proposed project was reviewed and approved at the April 19, 2016, Planning Commission regular meeting with a modification to Condition of Approval #14, which clarified the requirement to connect to sewer, once a sewer main has been constructed in Camino Del Norte. Discussion Project Request and Location The applicant is requesting approval for the construction of a 6,120 square foot RV sales office and related improvements for a new Airstream dealership on a 266,287 SF lot. The Page 1 proposed development includes 6,120 SF of building areas (2.03% of the project site), 62,830 SF of parking areas (23.59% of the project site), 43,219 SF of landscape areas (16.23% of the project site), 10,713 SF of sidewalks (4.1% of the project site), and 143,405 SF of areas left in a natural state (53.86% of the project site). The applicant has not proposed any signage at this time, a sign permit application will be required for the permitting of any signage. The proposed project is specifically located at 18870 Camino Del Norte (APN: 377-110- 045), and is generally located at the northeast corner of the intersection of Camino Del Norte and O'Hana Circle. Environmental Setting Project Description The proposed project consists of the development of a 6,120 square foot RV sales office and related improvements for a new Airstream dealership on a 266,287 SF lot. The total height of the building is 25'-0". The proposed architecture of the building is an updated Quonset hut. The architect has added significant windows to the southern and western elevations. The eastern elevation incorporates three service bays and that are integrated into the building design. Secondary access has been provided along the western portion of the lot taking access from Camino Del Norte. The proposed building is centered on the property and is surrounded by parking areas and significant landscaping areas. Analysis General Plan Consistency The subject lot have a General Plan land use designations of Business Professional (BP) and are located in the North Central Sphere district (the subject lot was annexed into the City as part of the Third Street Annex after the adoption of the General Plan in 2011). The BP land use designation establishes a Floor Area Ratio (FAR)' of 0.45, the project proposes a FAR of .02. The BP land use designation specifies a number of uses including light industrial, office uses, and other similar and compatible uses. While not explicitly referred to as a permitted use, the proposed RV use has similar characteristics of typical light industrial uses. "'Floor area ratio" means the numerical value obtained by dividing the gross floor area of a building or buildings located upon a lot or parcel of land by the total net area of such lot or parcel of land. Page 2 EXISTING LAND USE GENERAL PLAN ZONING Project Site Vacant Business Professional Commercial Office (CO) North Storage Business Professional Commercial Office CO South RV Sales Business Professional Commercial Manufacturing East Storage Business Professional Commercial Office (CO) West Camino Del Norte/1-15 Right of Way Right of Way Project Description The proposed project consists of the development of a 6,120 square foot RV sales office and related improvements for a new Airstream dealership on a 266,287 SF lot. The total height of the building is 25'-0". The proposed architecture of the building is an updated Quonset hut. The architect has added significant windows to the southern and western elevations. The eastern elevation incorporates three service bays and that are integrated into the building design. Secondary access has been provided along the western portion of the lot taking access from Camino Del Norte. The proposed building is centered on the property and is surrounded by parking areas and significant landscaping areas. Analysis General Plan Consistency The subject lot have a General Plan land use designations of Business Professional (BP) and are located in the North Central Sphere district (the subject lot was annexed into the City as part of the Third Street Annex after the adoption of the General Plan in 2011). The BP land use designation establishes a Floor Area Ratio (FAR)' of 0.45, the project proposes a FAR of .02. The BP land use designation specifies a number of uses including light industrial, office uses, and other similar and compatible uses. While not explicitly referred to as a permitted use, the proposed RV use has similar characteristics of typical light industrial uses. "'Floor area ratio" means the numerical value obtained by dividing the gross floor area of a building or buildings located upon a lot or parcel of land by the total net area of such lot or parcel of land. Page 2 Municipal Code Consisted The subject lot is located within Commercial Office (CO) zoning designation. RV sales are not listed in the CO district as a permitted use. However the Community Development Director has made the determination, pursuant to LEMC 17.116.020, that RV sales are a permitted use for the subject site as it is complimentary in nature to the adjacent light industrial uses, including an existing RV sales facility. The proposed project has a parking requirement of 24.48 spaces, which is rounded up to a total requirement of 25 spaces for the commercial building and has provided 24 parking spaces, a condition of approval has been added that requires an additional parking spaces be provided prior to the submittal of plans for building plan check. The additional outdoor sales area is an ancillary use with added parking available in those areas as needed. Staff has reviewed the proposed project with respect to the relevant development standards as identified in the Municipal Code and has detailed the requirements and the proposed development standards as follows: Development Standard Re aired Proposed Building Height 35'-0" 25'-0" Front Setback 20'-0" 250'-0" Side Setback O'hana ** 15'-0" 64'-0" Side Setback Interior" N/A 102'-0" Rear Setback (N/A)** N/A 343'-0" Landscaped coverage 15% 16.23% The proposed modified Quonset but design incorporates a significant amount of metal surfaces. The non-residential development standards specify that plain metal buildings are not acceptable, however metal as an enhancement material is acceptable. Airstream design incorporate a significant amount of exposed riveted aluminum, which correlates to early airplane designs. The proposed modified Quonset but with the displayed RVs will create an airfield aesthetic that creates a unique design that compliments the surrounding area and the subject use. As detailed, the proposed project meets all applicable development standards for the CO District. The proposed project provides adequate landscape buffer areas consistent with the Municipal Code requirement to screen parking areas. The proposed project does not contain any variances to the development standards set forth in the Municipal Code for industrial development. The proposed project provides an efficient and safe site plan that provides adequate circulation. The subject use is permitted and the proposed development complies with all applicable development standards; therefore the proposed project is found to be consistent with the Municipal Code. 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 " Side and Rear Yard. No setback shall be required from interior lot lines except adjacent to a public right-of-way or a residential district, in which case the minimum setback shall be 20 feet. (LEMC Section 17.140.070 (13)) Page 3 CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to Section 15303 (CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) 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 the building area is less than 10,000 SF in an urban area 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. Summary The proposed infill development has been found consistent with the General Plan and Municipal Code. The proposed design is found to be of a high quality and will provide an appropriate addition to the adjacent land uses. 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. Appropriate Conditions of Approval have been included that would mitigate any potential issues associated with the future development and establishment of use. Fiscal Impact The time and costs related to processing this extension of time request have been borne by the Developer Deposit paid by the applicant. No General Fund budgets have been allocated or used in the processing of this application. Prepared by: Justin Kirk, Principal Planner Reviewed by: Grant Taylor Community Development Director Approved by: Grant Yates City Manager 1=910 A. MSHCP Resolution B. CDR Resolution C. Conditions of Approval D. Vicinity Map E. Aerial Map F. Design Review Package RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT COMMERCIAL DESIGN REVIEW NO. 2016-03 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Dan Hinson HCD Architects requests approval of a proposed 6,120 square foot RV sales office and related improvements for a new Airstream dealership on a 266,287 SF lot. The proposed project is specifically located at 18870 Camino Del Norte (APN: 377-110-045), and is generally located at the northeast corner of the intersection of Camino Del Norte and O'Hana Circle; and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ("LEAP") and Joint Project Review ("JPR") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184 (Design Review) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the residential design review; and WHEREAS, on April 19, 2016, at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code ("LEMC") 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 May 10, 2016, 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 considered the Project and its consistency with the MSHCP. PLANNING COMMISSION RESOLUTION NO. 2016 - PAGE 2 OF 5 SECTION 2. That in accordance with the MSHCP, the City Council makes the following findings for MSHCP consistency: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The Project site lies is not located within a MSHCP Criteria Cell. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSCHP's other "Plan Wide Requirements." The only requirements potentially applicable to the Project were the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (Section 6.1.2 of the MSHCP) and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the MSHCP Ordinance). The Project site has is located adjacent to the Interstate 15 freeway, and has no habitat present on site, including riparian/riverine areas or vernal pools. 2. The Project is subject to the City's LEAP and the Western Riverside County Regional Conservation Authority's (RCA) Joint Project Review processes. As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through the City's LEAP and a Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The site reconnaissance survey revealed that no riparian, riverine, vernal pool/fairy shrimp habitat or other aquatic resources exist on the site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 5. The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey PLANNING COMMISSION RESOLUTION NO. 2016 - PAGE 3 OF 5 Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Project site is not located within any of the Critical Species Survey Areas. Therefore, the provisions of MSCHP Section 6.3.2 are not applicable. 6. The Project is consistent with the UrbaniWildlands Interface Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources located on the Project site requiring mapping as set forth in MSCHP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. SECTION 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the City Council finds that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 10th day of May, 2016. Brian Tisdale, Mayor PLANNING COMMISSION RESOLUTION NO. 2016 - PAGE 4 OF 5 City Council of the City of Lake Elsinore ATTEST: Susan M. Domen, MMC, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney PLANNING COMMISSION RESOLUTION NO. 2016 - PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 10th day of May, 2016 by the following vote: AYES: NOES: ABSTAIN: G Susan M. Domen, MMC, City Clerk RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2016-03 FOR THE DEVELOPMENT OF A 6,120 SQUARE FOOT RV SALES OFFICE AND RELATED IMPROVEMENTS LOCATED AT APN: 377-110-045 WHEREAS, Dan Hinson HCD Architects requests approval of a proposed 6,120 square foot RV sales office and related improvements for a new Airstream dealership on a 266,287 SF lot. The proposed project is specifically located at 18870 Camino Del Norte (APN: 377-110-045), and is generally located at the northeast corner of the intersection of Camino Del Norte and O'Hana Circle; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines"), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, 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 15303 (Class 3 — NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES); and WHEREAS, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184 (Design Review) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the commercial design review; and WHEREAS, on April 19, 2016, at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code ("LEMC") 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 industrial design review applications; and WHEREAS, on May 10, 2016, 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: PLANNING COMMISSION RESOLUTION NO. 2016-_ PAGE 2 OF 4 SECTION 1. The City Council has considered the proposed design for Commercial Design Review No. 2016-03 for a 6,120 square foot RV sales office and related improvements and has found it acceptable. The Planning Commission 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, the East Lake Specific Plan Amendment No. 6 and the Lake Elsinore Municipal Code and finds and determines that the proposed Commercial Design Review No. 2016-03 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 finds 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 3 — NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) 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 the building area is less than 10,000 SF in an urban area 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 State Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council makes the following findings regarding Commercial Design Review No. 2016-03: 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 proposed sales office, and ancillary improvements are compatible with the General Plan and the proposed use furthers the goals and objectives of the General Plan, and the proposed project is found to be consistent with the General Plan. The subject use is a permitted use in the CO district and the proposed development complies with all applicable development standards. The proposed project is therefore found to be consistent with the Municipal Code. 2. The project complies with the design directives and all other applicable provisions of the Municipal Code. The proposed project provides a unique and high quality design that promotes the product being sold. The proposed project has effectively designed to break up massing and provides an attractive building design. Landscaping has been fully developed to mitigate visual impacts. The proposed project has been designed in such a manner as to mitigate all potential visual impacts associated with mechanical equipment. PLANNING COMMISSION RESOLUTION NO. 2016-_ PAGE 3 OF 4 3. Conditions and safeguards pursuant to Chapter 17.184.070 of the Municipal Code, including guarantees and evidence of compliance with conditions, have 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 17.184.070 of the Lake Elsinore Municipal Code, the Project been considered by the City Council at a duly noticed public meeting on May 10, 2016. The proposed project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. Furthermore, appropriate Conditions of Approval have been included that would mitigate any potential issues associated with the future development and establishment of use. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the City Council approve Commercial Design Review No. 2016-03. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 10th day of May, 2016. Brian Tisdale, Mayor City Council of the City of Lake Elsinore ATTEST: Susan M. Domen, MMC, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney PLANNING COMMISSION RESOLUTION NO. 2016 - PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Susan M. Domen, MMC, City Clerk, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 10th day of May, 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Susan M. Domen, MMC, City Clerk CONDITIONS OF APPROVAL RESOLUTIONS: 2016- & 2016 - PROJECT: CDR 2016-03 PROJECT NAME: Airstream RV PROJECT LOCATION: APN 377-110-045 APPROVAL DATE: May 10, 2016 EFFECTIVE DATE: May 10, 2016 EXPIRATION DATE: May 10, 2018 GENERAL CONDITIONS 1. Commercial Design Review 2016-03 (herein referred to as the project) consists of the development of a 6,120 square foot RV sales office and related improvements located at 18870 Camino Del Norte (APN: 377-110-045), and is generally located at the northeast corner of the intersection of Camino Del Norte and O'Hana Circle. 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 attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the project (CDR No. 2016-03). 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. PLANNING DIVISION 4. Commercial Design Review 2016-03 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. 5. All Conditions of Approval shall be reproduced on page one of building plans prior to their acceptance by the Building and Safety Division, Community Development Department. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. Page 1 of 18 CDR 2016-03 PC: 04/19/2016 Conditions of Approval CC: 05/10/2016 6. All site improvements shall be constructed as indicated on the approved building plans, as modified by these conditions of approval. 7. Any proposed minor revisions to approved plans shall be reviewed and approved by the Community Development Director or designee. Any proposed substantial revisions to the approved plans shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application. Grading plan revisions shall be reviewed by the City Engineer. 8. 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. 9. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed to ensure that 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. 10.The property address (in numerals at least six inches high) shall be displayed near the entrance and be easily visible from the front of the subject property and public right-of-way. 11. Three (3) sets of the Final Landscaping / Irrigation Detail Plans shall be submitted to the Community Development Department with appropriate fees, reviewed by the City's Landscape Architect Consultant and approved by the Community Development Director or designee, prior to issuance of a building permit. a) All planting areas shall have permanent and automatic sprinkler system with 50% plant coverage using a drip irrigation method. b) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. Runoff shall be allowed from paved areas into landscape areas. Planting within fifteen feet (15') of ingress/egress points shall be no higher than twenty-four inches (24"). c) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. d) No required tree planting bed shall be less than 5 feet wide. e) Root barriers shall be installed for all trees planted within 10 feet of hardscape areas to include sidewalks. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. Applicants Initials: Page 2 of 18 CDR 2016-03 PC: 04/19/2016 Conditions of Approval CC: 05/10/2016 g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. h) 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 reviewed by the Landscape Consultant and approved by the Community Development Director or Designee. i) 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. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 1) Final landscape plans shall include drought tolerant planting consistent with Elsinore Valley Municipal Water District standards subject to plan check and approval by the City's landscape plan check consultant. m) No turf shall be permitted. 12. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Community Development Director. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 13. No individual signs are approved 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(s) installed at the project site. OR The applicant shall submit a sign program for review and approval of the Planning Commission prior to installation. 14.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. If sewer service is unavailable at the property, than installation of a septic tank shall be required to meet all State permitting requirements and connection to the sewer shall be made within one year after the date in which sewer connection can be made. (Modified at the 4/19/16 PC Meeting) 15. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. 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 7:00 a.m. — 5:00 p.m., Monday through Friday. Only finish work and similar Applicants Initials: _ Page 3 of 18 CDR 2016-03 Conditions of Approval PC: 04/19/2016 CC: 05/10/2016 interior construction may be conducted on Saturdays and may commence no earlier than 8:00 a.m. and shall cease no later than 4:00 p.m, with no construction activity to occur on Sundays or legal holidays. The sign shall identify the name and phone number of the development manager to address any complaints. 16. The proposed location of on-site construction trailers shall be approved by the Community Development Director or designee. A cash bond of $1,000 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to approval of the Community Development Director or designee. Such trailer(s) shall be fully on private property and outside the public right of way. 17. Graffiti shall be removed within 24 hours. 18. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 19. Install, operate and maintain full capture systems for all storm drains that captures runoff from the facility or site. 20. Prior to the issuance of a building permit the applicant shall incorporate one additional parking space onsite for a total of 25 parking spaces. 21. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. BUILDING AND SAFETY 22. Any and all existing or proposed public areas shall be made accessible in accordance with Americans with Disabilities Act (ADA) requirements. 23. Any and all improvements shall be in compliance with the 2013 editions of the California Building, Plumbing and Mechanical Codes, 2013 California electrical Code, California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations and the Lake Elsinore Municipal Code. Applicants Initials: Page 4 of 18 CDR 2016-03 PC: 04/19/2016 Conditions of Approval CC: 05/10/2016 24. The developer shall comply with all Municipal Code provisions regarding construction debris removal and recycling as set forth in Chapter 14.12 (Construction and Demolition Waste Management) of the Lake Elsinore Municipal Code. 25. All department approvals and fees shall be paid prior to the issuance of building permits. ENGINEERING GENERAL 26. All landscaping within public right-of-way shall be maintained by the property owner or property owner's association or another maintenance entity approved by the City Council. 27. In accordance with the City's Franchise Agreement for waste disposal & recycling, the developer shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 28. Developer shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and or diversion of drainage. 29. Any grading that affects "waters of the United States", wetlands or jurisdictional streambeds, shall require approval and necessary permits from respective Federal and/or State agencies. 30. The developer shall provide a copy of an encroachment permit or any approval documents from the Riverside County Flood Control District and/or Caltrans for encroaching, grading, or discharging into County flood control facilities or Caltrans right of way. 31. All required soils, geology, hydrology and hydraulic, and seismic reports shall be prepared by a Registered Civil Engineer. FEES 32. The developer shall pay all development fees, including but not all inclusive: TUMF, TIF, Stephens Kangaroo Rat Habitat, Railroad Canyon Benefit District and Area Drainage Fees. 33. Mitigation Fees will be assessed at the prevalent rate at time of payment in full. Applicants Initials: Page 5 of 18 CDR 2016-03 Conditions of PC: 04/19/2016 CC: 05/10/2016 STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES Design: 34. 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: • General Permit -Construction • General Permit - Industrial • Scrap Metal • Deminimus Discharges • MS4 35. The project shall complete and submit for review and approval to the Engineering Division BOTH a preliminary and final WQMP, incorporating the LID Principles and Stormwater BMPs. 36.The preliminary WQMP shall be approved prior to scheduling for Planning Commission; the final WQMP shall be approved priorto issuance of any grading or building permit. 37. 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 shall include the following: • Detailed site and project description • Potential stormwater pollutants • Post -development drainage characteristics • Low Impact Development (LID) BMP selection and analysis • Structural and Non -Structural source control BMPs • Site design and drainage plan (BMP Exhibit) • Vector issues are addressed in the BMP design, operation and maintenance. • GIS coordinates for all LID and Treatment Control BMPs • HCOC - demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2 year and 10 year 24 hour rainfall event will not cause significant adverse impacts on downstream 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. 38. The project site shall not use infiltration BMP's as it meets the Highest and Best Use Applicants Initials: Page 6 of 18 CDR 2016-03 PC: 04/19/2016 Conditions of Approval CC: 05/10/2016 exemption criteria of the 2010 SAR MS4 Permit. 39. Parking lot landscaping shall be designed to provide for treatment of runoff. 40. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape and permeable surfaces in low traffic roads and parking lots. 41. Water Quality Facilities that service more than one parcel shall be placed in an easement to provide for maintenance and prevent obstruction. 42. Hydromodification / 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. 43. 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: 44.A Stormwater Pollution Prevention Plan (SWPPP) is required for this project. A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 45. Erosion and sediment control plan demonstrating compliance with the City's NPDES Program, California Building Code, and State and Federal water quality regulations for grading and construction activities shall be approved as a separate sheet of the grading plan prior to the issuance of any grading or building permit. 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. Post Construction: 46. Developer shall be responsible for the execution and recordation of an Operation and Maintenance (O&M) Plan in the City's approved format 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; (3) describes the mechanism for funding the long-term operation and maintenance of the referenced BMPs, and (4) provides for annual certification of water quality facilities by a registered civil engineer and/or the City for a fee if the service is available. Applicants Initials: Page 7 of 18 CDR 2016-03 Conditions of Approval PC: 04/19/2016 CC: 05/10/2016 47.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. 48. 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: • 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. • Demonstrate that the project has complied with all non-structural BMPs described in the project's WQMP. • Provide signed, notarized certification from the engineer of work that the structural BMP's identified in the project's WQMP are installed and operational. • Submit a copy of the fully executed, recorded Operations and Maintenance (O&M) Plan for all structural BMPs. • 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. • 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. 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 C ity. • Provide a recorded copy of one of the following: 1. CC&R's (they must include the approved WQMP and O&M Plan) for the project's Owners Association. 2. The final approved Water Quality Management Plan and Operations and Maintenance Plan. 49.Chemical management - Prior to the issuance of building permits for any tank or pipeline, the uses of said tank or pipeline shall be identified and the applicant shall submit a Chemical Management Plan in addition to a WQMP with all appropriate measures for chemical management (including, but not limited to, storage, emergency response, employee training, spill contingencies and disposal). UTILITIES: 50.All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. 51.All overhead utilities shall be undergrounded in accordance with Chapter 12.16 of the Applicants Initials: Page 8 of 18 CDR 2016-03 PC: 04/19/2016 Conditions of Approval CC: 05/10/2016 Lake Elsinore Municipal Code (LEMC) 52. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 53.The developer 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). 54.The developer shall submit a copy of the "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. IMPROVEMENTS Design 55.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore Public Works Standard Plans 56. Sight distance into and out of the project location shall comply with CALTRANS Standards. 57.The developer shall install permanent bench marks per City of Lake Elsinore Standards and at locations to be determined by City Engineer. 58.The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Lake Elsinore Standards. 59.10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be provided. 60.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 61.A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site; show existing and proposed off-site and onsite drainage facilities; and include a capacity analysis verifying the adequacy of the facilities. The drainage system shall be designed to ensure that runoff from a 10 -yr storm of 6 hours or 24 hours duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6 hour Applicants Initials: Page 9 of 18 CDR 2016-03 PC: 04/19/2016 Conditions of Approval CC: 05/10/2016 and 24hour storm duration shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 62. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off-site drainage, if different from historic flow, shall be conveyed to a public facility. 63. Dedicate the drainage channel/culvert on the northwestern property line to Riverside County Flood Control District. 64. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 65. The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.106.3). 66.All existing storm drain inlet facilities adjacent to the subject properties shall be retrofitted with a storm drain filter; all new storm drain inlet facilities constructed by this project shall include a storm drain filter. 67.The owner shall dedicate in fee title to the City right-of-way along Camino Del Norte adjacent to the property frontage for a total right-of-way of 45' wide from centerline to the project property line on Miss+E)R Trail O'hana. 68. The developer shall construct half width street improvements on Camino Del Norte per General Plan street right-of-way requirements. The cross section of roadway improvements with a parkway, street lights, painted median, curb, gutter and sidewalk shall be consistent with other development on Camino del Norte and the improvements shall be constructed to the satisfaction of the City Engineer. 69.The developer shall install a stop bar legend at the Camino del Norte/O'Hana intersection, per City Standard 410. 70. The developer shall provide signing and striping plans for the required improvements of this project. 71. Street improvement plans shall be prepared by a Registered Civil Engineer and the plans shall include curb and gutter, sidewalk, ac pavement, street lighting, median, trail, and drainage improvements. 72.A secondary emergency access shall be provided. This secondary access shall be a permanent component of this project. 73.The secondary access road and parking lots shall be surfaced to comply with Engineering Division and Fire Department standards including sight distance Applicants Initials: _ Page 10 of 18 CDR 2016-03 PC: 04/19/2016 Conditions of Approval CC: 05/10/2016 requirements consistent with Caltrans Standards. At a minimum they shall be of compacted crushed aggregate base as approved by the City Engineer, and maintained to minimize dust and tracking. 74. If existing improvements are to be modified, the existing improvement plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. Permitting/Construction 75.An Encroachment Permit shall be obtained prior to any work on City right-of-way. The developer shall submit the permit application, required fees and executed agreements, security and other required documentation prior to issuance. 76.AII compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ''/2' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Acceptance of Improvements 77. The developer shall submit a written request for acceptance to the City Engineer. 78.As-built plans shall be completed and signed by the City Engineer. GRADING Design: 79.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) on the site. The plan shall include 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). 80. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 81. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 82. 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 approved by the City Engineer. Applicants Initials: Page 11 of 18 CDR 2016-03 PC: 04/19/2016 Conditions of Approval CC: 05/10/2016 83. A seismic study shall be performed on the site to identify any hidden earthquake faults, liquefaction and/or subsidence zones present on-site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard. 84. The developer shall obtain all necessary off-site easements and/or permits for off-site grading and the applicant shall accept drainage from the adjacent property owners. Permit/Construction: 85. Developer shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 86.A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 87. Developer shall provide the city with a copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) letter issued by the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program 88. Prior to commencement of grading operations, developer is to provide to the City with a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to issuance of a grading permit. Hauling in excess of 5,000 cy shall be approved by City Council. (LEMC 15.72.065) 89. Export sites located within the Lake Elsinore City limits must have an active grading permit. 90.Applicant to provide to the City a video record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 91.AII grading shall be done under the supervision of a geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City. 92. Review of the project Storm Water Pollution Prevention Plan (SWPPP) and sediment and erosion control plan shall be completed. A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 93. Approval of the project Water Quality Management Plan (WQMP) for post construction Applicants Initials: Page 12 of 18 CDR 2016-03 PC: 04/19/2016 Conditions of Approval CC: 05/10/2016 shall be received prior to issuance of a grading permit. 94. Submit an approved environmental clearance document to the Engineering Division. This approval shall identify and clear all proposed grading activity anticipated for this project. 95. Developer shall pay all grading permit applicable processing, permit, security and development fees including Stephens Kangaroo Rat Habitat. PRIOR TO ISSUANCE OF BUILDING PERMIT 96. Provide final soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. 97.All required public right-of-way dedications and easements shall be prepared by the developer or his agent and shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 98. The developer shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 99.All public improvements, signing and striping, and traffic control devices shall be completed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer. 100. All water and sewer improvements shall be completed in accordance with Water District requirements. 101. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. 102. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time of payment in full in accordance with the LEMC. 103. As -built plans for all approved plan sets shall be submitted for review and approval by the City. The developer/developer/owner is responsible for revising the original mylar plans. . 104. All final studies and reports, grade certifications, monument certifications (with tie notes delineated on 8'/z x 11" mylar) shall be submitted in .tif format on a CD/DVD. Studies and reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP, etc. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes Applicants Initials: Page 13 of 18 CDR 2016-03 Conditions of Approval PC: 04/19/2016 CC: 05/10/2016 delineated on 8 '/2 x 11" mylar) shall be submitted in .tif format on CD to the Engineering Division before final inspection will be scheduled. 105. All required public right-of-way dedications, easements, dedications and vacations and easement agreement(s) shall be recorded with a recorded copy provided to the City prior to final occupancy. 106. Water and sewer improvements shall be completed in accordance with Water District Requirements. 107. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a certificate of occupancy, developer shall: o Demonstrate that all structural BMPs have been constructed, installed and are functioning in conformance with approved plans and specifications and the WQMP; o Demonstrate that they are prepared to implement all non-structural BMPs included in the conditions of approval or building/grading permit conditions; o Demonstrate that an adequate number of copies of the approved project specific WQMP are available for the future owners/occupants; and o The developer shall provide all education guidelines for Water Quality Management Practices to the tenants, operators and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the approved WQMP in the Riverside County NPDES -Drainage Area Management Plan. Contact the City NPDES Coordinator for handout/guideline information. 108. The property owner (aka Legally Responsible Party) shall execute and cause to be recorded a "Covenant and Agreement' in the form provided by the City to inform future property owners of the requirement to implement the approved final project - specific WIMP. 109. Developer 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. CITY OF LAKE ELSINORE FIRE MARSHAL GENERAL CONDITIONS 110. Riverside County Fire Department Lake Elsinore Office of the Fire Marshal - 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. Applicants Initials: Page 14 of 18 CDR 2016-03 Conditions of Approval PC: 04/19/2016 CC: 05/10/2016 Questions should be directed to the Riverside County Fire Department, Lake Elsinore Office of the Fire Marshal 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. 111. Blue Dot Reflectors- Blue retro -reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Dept. 112. Minimum Hydrant Fire Flow- Minimum required fire flow shall be 1,500 GPM for 2 hours duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Average spacing between hydrants 400' and 225' maximum distance from any point on the street or road frontage to hydrant. Not less than 3 hydrants shall be provided to meet this criteria. 113. Super Hydrant Fire Flow- Super fire hydrants (6" X 4" x 2-2 1/2")shall be located not less than 25'-0" or more than 250'-0" from any portion of the building as measured along approved vehicular travel ways. 114. Hazardous Fire Area- The proposed project is located in a high or very high fire zone as adopted in the LEMC. The project shall adhere to all high fire requirements as prescribed in the Title 24 Code, any applicable state and local codes pertaining to high fire. Roofing Materials shall be classified at not less than class "A". 115. 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: • Twenty-nine feet (29') 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. Along the private access located on the NE face of the building the access shall be increased to 30' to accommodate rescue operations in the event of a fire. • The required all weather vehicular access shall be able to support no less than 60,000 lbs. over 2 axles. • Roadway gradient shall not exceed 15% on any access road, driveways, and perimeter roads. • Turning Radius shall be 26' inside and 38' outside for all access roads. Applicants Initials: Page 15 of 18 CDR 2016-03 Conditions of Approval PC: 04/19/2016 CC: 05/10/2016 116. Secondary Access- In the interest of Public Safety, this project shall provide an Alternate or Secondary Access. Said access shall be constructed in accordance to the City of Lake Elsinore Engineering Department standards to accommodate full fire response and community evacuation. 117. Automatic / Manual Gates- Gate entrances shall be at least two feet wider than the width of the traffic lane (s) serving that gate and no less than 20 feet wide. Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 40 foot turning radius shall be used. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic/manual gate pins shall be rated with shear pin force, not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Contact the Fire Planning office for current plan check fees. PRIOR TO BUILDING PERMIT ISSUANCE 118. Plan Check Fee- Building plan check fees shall be made payable to the "City of Lake Elsinore", and shall be submitted to the Fire Department at the time of plan submittal. 119. Water System Plans- Applicant and/or developer shall submit 2 sets of water system plans to the Fire Department for review. The 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 120. Fire Sprinkler System 13- Install a complete fire sprinkler system designed in accordance with California Building Code, California Fire Code and adopted standards. Sprinkler systems with pipe sizes larger than 4 inches in diameter will require the Engineer or Architect of Record certification with details and calculations with "wet signature" that the building structural system is designed to support the seismic and gravity loads for the support of the additional weight of the sprinkler system. The PIV and FDC shall be located to the front of the building in an approved location, unobstructed and within 50 feet of an approved road or driveway, within 200 feet of a hydrant. A C-16 licensed contractor must submit plans, along with the current fee, to the Fire Department for review and approval prior to installation. Applicants Initials: _ Page 16 of 18 CDR 2016-03 PC: 04/19/2016 Conditions of Approval CC: 05/10/2016 121. Sprinkler System Monitoring- Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads. Valve monitoring, water -flow alarm and trouble signals shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station in accordance with California Building Code, California Fire Code and adopted standards. An approved audible sprinkler flow alarm shall be provided on the exterior in an approved location. The location of the Fire Alarm Control Unit shall be located in an environmentally controlled location in accordance with 10.14 (NFPA 72, 2013). A C-10 licensed contractor must submit plans designed in accordance with adopted standards, along with the current fee, to the Fire Department for review and approval prior to installation. 122. Designated Fire Lanes- The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/ or signs. 123. 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. 124. Fire Extinguishers — Minimum Install portable fire extinguishers complying with Section 906 of the 2013 California Fire Code with a minimum rating of 2A-1 OBC and signage. 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. Contact Fire Dept. for proper placement of equipment prior to installation. I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City of Lake Elsinore City Council on, 2016. 1 also acknowledge that all Conditions shall be met as indicated. Date: Applicant's Signature: Print Name: Address: Applicants Initials: Page 17 of 18 CDR 2016-03 Conditions of Approval Phone Number: Applicants Initials: Page 18 of 18 PC: 04/19/2016 CC: 05/10/2016 Commercial Design Review 2016-03 CITY OF LAKE 'ji-Smou IUMIF Commercial Design Review 2016-03 CITY OF ^1-1 S LAKE LSINORE REME 0 SLS' l - --54 a�� Etz 4'. C m sm Ifo • 0 _ zz Y S,, cA ` o RAd,Ox' 'Fit �o r br a an - �r R u 1rr I� A �m� � s 3 E > e s m 0 SLS' l - --54 a�� Etz 4'. C --A FNFF- 1 b r m Ifo ten.. 0 _ zz eZ 'Fit �o R F br a �m� � --A FNFF- 1 b r ton . A 0 07 7—nv 1 -cc —nn -c_— on I M77 Z> 1 ";C1 ST, F C 1 MIA I 0 0 mi 5 in: 411 luf I Sp n N I 0 0 N v ............ 0 r � a Z,, Py LF 4Fl •'�'�i Q O O Z a oL� --.---------------� I I I I L I I i i i i I I I I I L O O' ? 3 1 r' D'. r T O xm 3Z? 8a Z��O yy Z Z 2 rn rn d Z - _ a x Ao b �8 0 I a ai S, arri rn rn � C C � � o Z fl rn O m O rn fy n � z �o� Z A - o DL �oo�m D � 6 � CITYOP i, Wn LADE C LSINOIZE DREAM EXTREME fn REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared By: Nicole Dailey, Senior Management Analyst Date: May 10, 2016 SUBJECT: Agreement for Professional Services for Community Opinion Survey Recommendation Award an Agreement for Professional Services to True North Research, Inc. (True North) to conduct a Community Opinion Survey and authorize the City Manager to execute the agreement not to exceed $27,800, subject to minor modifications as approved by the City Attorney. Background This year, the City began its efforts to develop a long-term strategic plan called the Dream Extreme 2040 Plan. The plan is expected to outline future projects and needs for the City over the next 25 years in pursuit of achieving its vision to become the ultimate lake destination where all can live, work and play, build futures and fulfill dreams. As part of the City's efforts to develop a long-term strategic plan, the City seeks to conduct a Community Opinion Survey to gauge overall community satisfaction with City services and gather opinions, perceptions and priorities about the City, its services and future plans and/or needs. The results from the survey will provide critical information to assist the City in making sound, strategic decisions in a variety of areas including prioritization, planning, performance measurement, policymaking, community engagement and budgeting. The City plans to conduct regular surveys every few years to set measurable benchmarks, establish strategic long-term goals and regularly assess progress toward accomplishing these goals. Discussion On April 5, 2016, a Request for Qualifications (RFQ) was issued for qualified professional research firms to design and implement a scientific community opinion survey on behalf of the City. The deadline for submitting a proposal was April 25, 2016. A total of one (1) complete proposal was received. Based upon the proposal received, staff is recommending the selection of True North to provide the following services to design and conduct a Community Opinion Survey, as specified in the RFQ: Agreement for Community Opinion Survey May 10, 2016 Page 2 of 2 1. Coordinate with City officials to formulate survey questions and design the appropriate survey instrument to gather accurate, objective and statistically reliable information. 2. Identify the optimal sampling methodology and sample size that will achieve scientifically valid results. This includes identifying and developing the proposed sample list. 3. Recommend and implement the most appropriate data collection methodologies to arrive at reliable results, e.g. telephone, social media, internet, etc. 4. Conduct the community survey using the appropriate sampling methodologies and survey instruments. 5. Analyze the data and compile a comprehensive report outlining the survey methods, key findings, comparisons to other similar municipalities, conclusions, recommendations and other cross tabulations. 6. Develop and complete an oral presentation to the City Council of the key findings and recommendations. True North is highly qualified and has provided similar services to neighboring communities including Temecula, Murrieta and Riverside. True North will provide a brief overview of the firm's research approach, survey methods and proposed timeline at the City Council meeting. True North will work with staff and the City Council's Dream Extreme Subcommittee to design the survey. Once the survey is complete, the results will be analyzed and presented to the full City Council. The proposal submitted by True North is enclosed in Exhibit B. The proposed timeline for the survey is approximately three (3) months. The term forthe agreement is for one year not to exceed $27,800. The Agreement for Professional Services is attached in Exhibit A. Fiscal Impact The proposed Agreement for Professional Services with True North is for an amount not to exceed $27,800, which will be paid from FY2015/2016 City Manager Operations Budget as modified in the approved FY2015-2016 Mid -Year Operating Budget. Exhibits Exhibit A: Agreement for Professional Services - True North Research Exhibit B: Proposal submitted by True North Research AGREEMENT FOR PROFESSIONAL SERVICES True North Research Community Opinion Survey This Agreement for Professional Services (the "Agreement") is made and entered into as of May, 10, 2016, by and between the City of Lake Elsinore, a municipal corporation ("City") and True North Research, a corporation ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: Coordinate with City officials to formulate survey questions and design the appropriate survey instrument to gather accurate, objective and statistically reliable information; identify the optimal sampling methodology and sample size that will achieve scientifically valid results; recommend and implement the most appropriate data collection methodologies to arrive at reliable results, e.g. telephone, social media, internet, etc; conduct the community survey using the appropriate sampling methodologies and survey instruments; analyze the data and compile a comprehensive report outlining the survey methods, key findings, comparisons to other similar municipalities, conclusions, recommendations and other cross tabulations; and develop and complete an oral representation to the City Council of the key finds and the recommendations. B. Consultant has submitted to City a proposal, dated April 8, 2016, 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 True North PSA Page 1 the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. C. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of one (1) year, commencing on May 10, 2016, and ending on May 10, 2017. 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 Consultant not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed twenty seven thousand eight hundred dollars ($27,800) 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. 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. Reserved. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 7. 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 Page 2 become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. Page 3 C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in -interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 10, PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 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. 11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and Page 4 b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 13. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant Page 5 shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. 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. Page 6 ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C, Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: True North Research, Inc. Attn: Timonthy McLarney, Ph.D President 1061 Neptune Avenue Encinitas, CA 92024 Page 7 18. 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. 19. 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. 20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 21. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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 8 27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 29. 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. 30. 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. 31. 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 — Consultant's Proposal Exhibit B — List of Subcontractors "CONSULTANT" True North Research, a Corporation By: Timothy McLarney, Ph.D. Its: President Page 10 EXHIBIT A CONSULTANT'S PROPOSAL [ATTACHED] EXHIBIT A LIST OF SUBCONTRACTORS [ATTACHED] EXHIBIT B THIS PAGE INTENTIONALLY LEFT BLANK T A B L E O F C O N T E N T S Table of Contents..................................................................i CoverLetter...................................................................... 1 Challenges............................................................. 1 What Sets True North Apart? ................................................ 1 Qualifications & Experience........................................................ 4 Personal vs. Firm -Level Experience ........................................... 4 Municipal Surveys........................................................ 5 Additional Riverside County Experience ....................................... 5 Project Organization & Staffing .................................................... 6 Resumes and Roles ...................................................... 7 References....................................................................... 9 Survey Approach & Methodology .................................................. 13 Trade Secret Notification: .................. ........................... 13 Innovative Methods for a Changing Environment ............................... 13 Communication........................................................ 14 Questionnaire.......................................................... 14 Pre -Test & Programing ................................................... 14 Sampling............................................................. 15 SampleSize........................................................... 15 Three -Pronged Recruiting ................................................. 16 Mixed -Method Data Collection ............................................. 17 Data Processing........................................................ 17 Analysis& Toplines..................................................... 18 Survey Report.......................................................... 18 Benchmarking & Statistical Significance Testing ................................ 18 Presentation & Consulting ................................................ 19 TimeLine............................................................. 19 Quality Control......................................................... 19 Compensation/Payment Schedule ................................................. 24 Fixed -Fee Cost Options .................................................. 24 Insurance....................................................................... 26 Standard Agreement & Term ...................................................... 27 Contract.............................................................. 27 Proposal Term ......................................................... 27 City of Lake Elsinore True North Research, Inc. © 2016 ................ C O V E R L E T T E R True North Research, Inc. (True North) is pleased to present this proposal to the City of Lake Elsinore to design and conduct a statistically reliable survey of adult residents in the city. Based on the RFQ, as well as our experience conducting hundreds of similar surveys for California cit- ies, True North understands that the City has two main research interests for the proposed study. The first is to use the survey as a community needs assessment and performance mea- surement tool. That is, the survey is an opportunity to profile residents' needs and priorities, measure how well the City is performing in meeting these needs through existing services and facilities, and gather data on a variety of quality -of -life, issue, and policy -related matters. Like many of True North's municipal clients, however, the City of Lake Elsinore also recognizes the value of a survey for developing a long-term strategic plan. What are residents' long-term aspirations and hopes for Lake Elsinore's future? How would they prioritize among a variety of strategic initiatives the City could pursue? In what areas do residents feel that the City can improve the way it communicates and engages with the community? Answers to questions like these are just as important as service or policy -related questions to helping the City meet resi- dents' evolving expectations and needs. By analyzing the results of the 2016 Community Opinion Survey in conjunction with past survey results (if available) and other secondary data, the proposed study will provide Council and staff with information that can be used to make sound, strategic decisions in a variety of areas— including prioritization, planning, performance measurement, policymaking, community engagement, and budgeting. CHALLENGES To successfully meet the challenges of the proposed study, the City will need a consultant team that has a unique set of skills and experiences. First and foremost, the team should possess a highly sophisticated understanding of survey methodology to ensure that the resulting data are valid and reliable measures of respondents' opinions and that the results are representative of the population of adult residents in the City of Lake Elsinore—including hard to reach subgroups. This expertise should extend to all aspects of conducting surveys, including sampling design, questionnaire design, data collection, data processing, weighting, statistical analysis, and presentation. In addition to being experts in survey methodology, the consultant team should also have a sound understanding of public administration, including the purpose, processes, and challenges associated with providing public services and how to use survey research to guide service improvements. And, of course, the consultant should have extensive experience working closely with city staff, council and other consulting firms to translate research results into clear and actionable recommendations. WHAT SETS TRUE NORTH APART? The True North team has the expertise and experi- ence needed to successfully overcome the challenges of the proposed study. Although we pro- vide more details in the body of this proposal, we thought it would be helpful to highlight at the outset what distinguishes True North from other research firms. Unmatched Experience & Expertise Conducting Community Opinion Surveys for CA Cities True North's President (Dr. Timothy McLarney) and Principal Researcher (Richard Sarles) have personally designed and conducted more surveys to assist California cities in meeting their per - City of Lake Elsinore True North Research, Inc. © 2016 ................ formance goals than any other researchers in the State. To date, our team has conducted over 900 surveys for public agencies, including more than 300 community opinion surveys for Cali- fornia cities. The advantage of working with True North is that our experience will not only allow us to be a very active, insightful collaborator with the City of Lake Elsinore when designing the survey, it will also enable us to provide reliable benchmarking information and meaningfully interpret (and provide context to) the results of the City's survey. Who You See is Who You Get Unlike most in the industry, True North firmly believes that the best way to conduct your project is to have the people in our organization with the mostexper- tise and experience roll -up their sleeves and actually do the work. Whereas other firms typically follow the bait -and -switch model for managing projects where most of the actual work is dele- gated to low-level staff, a key advantage of selecting our team is that who you see is who you get. True North's President (Dr. McLarney) will personally handle 80% of the research tasks for the proposed study. Innovative Methods for a Changing Environment Much has changed during the past seven years in terms of how the public receives information, the accessibility of residents through tra- ditional recruiting methods, and their willingness to participate in community surveys. Tech- niques that traditionally worked well for surveying residents in the past (such as random digit dial—RDD) are no longer nearly as effective at producing reliable samples due to factors such as call -screening and the growing percentage of households that rely solely on cell phones. More- over, relying solely on telephone -based data collection methodologies lowers participation rates, introduces response bias, and ultimately lowers the reliability of survey results. The bottom line is in order to continue producing statistically reliable results, the research methodologies that cities use for community surveys must to adapt to these new challenges. At True North, we have been at the forefront in developing innovative survey methodologies to overcome these new challenges and ensure statistically reliable results. For the City of Lake Elsinore, we recommend using a mixed -method survey design in which sampled residents will be recruited to participate in the survey using a using a combination of mailed letters, email and telephone calls. We will also use a mixed -method data collection approach that will provide sam- pled residents with the flexibility to participate by telephone or online at a secure, password pro- tected web site. Collectively, our recommended approach will increase participation rates, reduce response bias, and increase the overall accuracy and reliability of the City's survey results when compared to using telephone data collection only. The research team at True North is eager to partner with the City of Lake Elsinore on this impor- tant study. We think that you will find our qualifications, our attention to client service, and our interest in this study to be exceptional. Should you have any questions about this proposal, please do not hesitate to contact me by email at mclarneygtn-research.com or by phone at 760.632.9900. 1 will serve as the City's point of contact during the selection process and as the Project Manager for the duration of the study, if selected. City of Lake Elsinore True North Research: Inc. © 2016 incereIX�( El Timothy McLarnevPh.D. President True North Research 1061 Neptune Avenue Encinitas CA 92024 760.632.9900 mclarney@tn-research.com Cit o Lake Elsinore True North Resear. _lrt�-�?�lT� Q U A L I F I C A T 1 0 N S & E X P E R I E N C E True North is a full-service survey research firm that is dedicated to providing California cities and public agencies with a clear understanding of the opinions, perceptions, priorities and con- cerns of their residents and customers. Through designing and implementing scientific surveys, focus groups and one-on-one interviews, as well as expert interpretation of the findings, True North helps its clients to move with confidence when making strategic decisions in a variety of areas—such as planning, policy evaluation, performance management, establishing budget pri- orities, passing revenue measures, and developing effective public outreach campaigns. Designing and implementing custom survey research studies that adhere to rigorous method- ological standards is both the purpose and the passion of True North Research. In addition to being nationally recognized experts in survey research methodology,' Dr. McLarney and Mr. Sarles have also personally designed and conducted more research studies to assist Cali- fornia cities in meeting their performance goals than any other individual researchers in the State. The advantage of working with True North is that this experience is particularly help- ful not only in the design of the research, it also enables our team to provide reliable benchmark- ing information and meaningfully interpret (and provide context to) the results of the surveys. This includes the ability to compare the City of Lake Elsinore's performance to those of other municipalities in the region, throughout California, and/or across the nation,2 if desired. True North Research was co-founded in 2002 as a two -person consulting firm by Dr. McLarney and Mr. Sarles and is an S -Corporation in good standing with the State of California. Although we have had many opportunities to expand our business during the past 14 years, we have chosen to maintain True North as a two -person firm. Dr. McLarney and Mr. Sarles still manage every aspect of every True North project. We are an extremely efficient, well-oiled, collaborative team of two—and we have chosen to keep it that way so that our clients continue to receive exception- ally high quality customer service and research insights. Dr. McLarney and Mr. Sarles are commit- ted to working with the City of Lake Elsinore for the duration of this project—there will be no staff turnover or changes. PERSONAL VS. FIRM -LEVEL EXPERIENCE Before discussing our experience in more detail, we feel it is important to note the difference between personal experience and firm -level experience. It is very common for research firms to provide a long list of projects in their propos- als in an effort to demonstrate that they are both well-qualified and highly experienced in con- ducting surveys of this type. The reality, however, is that this firm -level experience is often a game of smol(e-and-mirrors. What they don't tell you is that their list of projects was managed by dozens of different project managers over many years, most of whom no longer work for the firm and only one of whom will be assigned to your project (along with lower -level support staff). 1 . For example, Dr. McLarney has served as an expert witness in survey research methodology for legal cases, has published research methodologies in peer-reviewed academic journals, and on the basis of his research has been honored as a Visiting Scholar at U.C. Berkeley's Institute for Governmental Studies. 2. True North sponsored a national survey to gather reliable data on how residents view the performance of their local governments across the country. City of Lake Elsinore True North Research: Inc. © 2016 e The bottom line is that it doesn't matter how many projects or clients a firm has worked with over the years. Nor does the experience of the Principals or others at the firm matter if they aren't going to be the ones rolling -up their sleeves to work on your study. What matters is the experience and expertise of the specific individuals who will be working directly on your project and handling each of the key research tasks. For this reason, we take a different approach. The experience discussed throughout this pro- posal—and the projects referenced below—are the personal experience of the individuals who VI will be working on all aspects of the study for the City of Lake Elsinore: Dr. McLarney and Mr. Sar - les.. We encourage the City to take this difference into account when reviewing firms and propos- als. MUNICIPAL SURVEYS During their careers, Dr. McLarney and Mr. Sarles have designed and conducted over 900 survey research studies for public agencies—including more than 300 community surveys for California municipalities that had research goals similar to those expressed by the City of Lake Elsinore. Below is a sampling of the California cities for which Dr. McLarney and Mr. Sarles have personally designed and conducted community surveys. Agoura Hills Encinitas Lompoc Riverside Aliso Viejo Folsom Long Beach Rocklin Anaheim Fontana Los Angeles San Carlos Apple Valley Fremont Los Gatos San Clemente Atherton Gilroy Malibu San Diego Azusa Glendale Manhattan Beach San Gabriel Banning Glendora Mission Viejo Sanjose Beverly Hills Grand Terrace Moorpark San Marcos Brea Half Moon Bay Murrieta San Marino Burbank Hesperia Norwalk Santa Clarita Campbell Huntington Beach Oxnard Santa Monica Cerritos Indian Wells Palmdale Temecula Chino Irvine Petaluma Thousand Oaks Chula Vista La Canada- Flintricige Pico Rivera Truckee Claremont Laguna Beach Placentia Upland Clayton Laguna Niguel Port Hueneme Ventura Costa Mesa Lake Forest Rancho Cucamonga Westlake Village Dana Point La Mesa Rancho Palos Verdes Watsonville Del Mar Lathrop Rancho Santa Margarita West Hollywood Diamond Bar Laverne Redlands Whittier EI Cajon Lemon Grove Redondo Beach Yorba Linda ADDITIONAL RIVERSIDE COUNTY EXPERIENCE In addition to the cities noted above, True North has also conducted dozens of surveys for other public agencies in Riverside County, including WRCOG, 1-15 Interregional Partnership, Murrieta Valley USD, Temecula Valley USD, Moreno Valley USD, Corona -Norco USD, Perris SD, Val Verde USD, Desert Sands USD, and College of the Desert. City of Lake Elsinore True North Research, Inc. © 2016 ....... I........ P R O J E C T OR G AN I Z AT I ON & S T A F F I N G Most research firms manage survey projects through division of labor and a lot of delegation. Although the Principals may appear for the interview and for client meetings, their involvement beyond that point is generally negligible. The Project Manager's role is to be the point of contact Oand help design the study, but even they only handle about 20% of the workload. The unfortu- nate reality is that most of the important research tasks—data processing, data analysis, report ® writing, presentation building—are delegated to junior -level staff. The division of labor and delegation model is popular among research firms because it is scal- able and built for quantity. Any firm that has just two or three Principals, yet boasts multiple offices and several hundred studies every year, is certainly relying heavily on division of labor and delegation to get the work done. However, it isn't a model that is consistent with high qual- ity research, careful attention to a client's needs, or insightful strategic advice. The problem with division of labor and delegation is that it creates a disconnect in the research process. The people doing the heavy lifting not only lack the experience and expertise needed to analyze the data appropriately and provide insightful recommendations, they also do not have a first-hand understanding of a client's needs because junior -level staff generally have little or no client interaction throughout a project. Moreover, under this model the Project Manager attempts to provide recommendations without having personally analyzed the data, written the report, or even prepared the Powerpoint summary. We do things differently at True North. In fact, one of the main reasons we founded True North \(L'' 14 years ago was because we recognized that there is a much better model for managing a research project—have the person with the most experience and expertise in the firm roll up his/ her sleeves and actually do the work! At True North, who you see is who you get. Dr. McLarney will not only serve as the Project Manager and the day-to-day contact for the District, he will per- sonally manage 80% of the research tasks on the survey project including all design, analysis, report writing, and presentations. We have purposely kept True North as a single office, two -per- son consulting firm because of our commitment to this project management model and the many benefits it provides to our clients. FIGURE 1 PROJECT ORGANIZATION City of Lake Elsinore Figure 1 presents the organizational chart for the proposed study. True North Research will serve as prime contractor at the direc- tion of the City of Lake Elsinore. Dr. Timothy McLarney (President of True North) will be the Project Manager for the study and will be assisted by Richard Sarles (Principal Researcher at True North). The telephone interviews will be conducted by the same high quality, professional phone bank that True North has teamed with to complete more than 300 resident and community sur- veys—MWRC. Dameon Travis (Senior True North Research: Inc. © 2016 Account Manager at MWRC) will manage the day-to-day interviewing schedule and quality control procedures in close consultation with Mr. Sarles and Dr. McLarney. RESUMES AND ROLES For the City's reference, the following paragraphs provide addi- tional information about Dr. McLarney's, Mr. Sarles' and Mr. Travis' respective roles on this proj- ect, as well as their education and research backgrounds. Project Manager Timothy McLarney, Ph.D., will serve as the Project Manager for the pro- posed survey and the City's point of contact on all matters related to the study. Dr. McLarney will lead all design, analysis, reporting and presenta- tion tasks. Approximately 80% of the research tasks will be managed directly by Dr. McLarney. As President of True North, Dr. McLarney is responsible for the design, management and analysis of True North's qualitative and quantitative research projects, including those that address community needs assess- ments, customer satisfaction, revenue measure feasibility, organiza- tional development, public policy and strategic planning issues. Dr. McLarney's work to date has provided California cities, counties, special jurisdictions, transportation planning agencies, councils of government, school districts, corporations, and political campaigns with research to address their often complex marketing, planning and/or performance measurement needs. During his career, Dr. McLarney has occupied a key role in over 900 research studies, including more than 300 resident sat- isfaction surveys for California cities. Dr. McLarney is a nationally recognized expert in survey research meth- odology, sampling theory, weighting and the use of statistical methods to generalize survey results. His research has been recognized at numer- ous national and state conferences, has been published in academic journals, and has earned him honors including the title of Visiting Scholar at the Institute of Governmental Studies at UC Berkeley. He has also served as an independent expert witness in survey research meth- odology for California legal cases. Prior to co-founding True North Research in 2002, Dr. McLarney was the Director of Research at Godbe Research and a consultant for Quest, which provides organizational development training and consulting. Dr. McLarney holds a Ph.D. and M.A. in Government from Cornell University with an emphasis in survey methodology, sampling theory and public opinion, as well as a Bachelor's degree in Politics from the University of California, Santa Cruz. Principal Researcher Richard Sarles, M.S., will assist Dr. McLarney with managing data collec- tion, data processing, and graphics production for the report. Mr. Sarles will manage approximately 20% of the research tasks. As Principal Researcher and co-founder of True North Research, Mr. Sarles applies his City of Lake Elsinore True North Research, Inc. © 2016 ................ expertise in statistics, sampling, weighting and analysis to a wide variety of research studies. A veteran of over 700 research studies, public and private clients throughout the country rely on Mr. Sarles' research to help them meet their performance and revenue goals. Data Collection Manager Dameon Travis, B.A., is the Senior Account Manager of MWRC and will serve as the Data Collection Manager for this study. As he has for more than 200 of True North's survey projects, Mr. Travis will manage the data collection process and interviewing team (telephone interviews) from MWRC's offices in Pocatello, Idaho, and will report directly to Dr. McLar- ney and Mr. Sarles. Mr. Travis has extensive experience in managing all aspects of telephone interviewing, including sampling designs, CATI sta- tions and programming, interviewer training, daily reporting procedures, and quality control processes. In the past five years alone, Mr. Travis has managed more than 300 studies such as the one proposed here. With a B.A. in Communications and Economics and more than seven years expe- rience at MWRC working closely with Dr. McLarney and Mr. Sarles on sim- ilar studies, Mr. Travis will be an invaluable asset to the project. City of Lake Elsinore True North Research, Inc. © 2016 R E F E R E N C E S The following are brief descriptions and reference information for similar community surveys conducted by True North's team of Dr. McLarney (lead) and Mr. Sarles (support). We take great pride in going the extra mile for our clients, in providing exceptional client service, and in pro- viding research and deliverables that are the best in the industry—but please don't just take our word for it. We encourage the City to contact our references and ask about the quality of work performed by True North. In addition to the references listed below, we can supply dozens more if the City is interested for our work on resident satisfaction surveys. City of Temecula Dr. McLarney and Mr. Sarles have personally designed and conducted eight research studies for the City of Temecula since 2000, including res- ident satisfaction surveys in 2000, 2007, 2011 and 2014; an extensive library needs assessment which included a telephone survey, one-on-one interviews with council members, staff, and community leaders, and sev- eral community workshops that helped in the successful application for Proposition 14 funding for a new library; a survey of voters and property owners to assess the feasibility of passing a revenue measure for parks and open space protection in 2002; a resident survey in 2004 related to cable television services; and a survey of Old Town visitors in 2008. Contact: Aaron Adams, City Manager 43200 Business Park Dr., Temecula CA 92590 Phone: 951 .694.641 9 Email: Aaron.Adams@cityoftemecula.org Projects: Resident Satisfaction Surveys ('00, '07, ' 1 1 , '14) Old Town Visitor Survey ('08) Library Needs Assessment ('01) Open Space and Parks Survey ('02) Cable Television Survey ('04) City of Lake Forest Dr. McLarney and Mr. Sarles designed and implemented both resident and business satisfaction surveys for the City of Lake Forest in 1998, 2000, 2002, 2004, 2006, 2008, 2010, 2012, and 2014. The focus of the surveys was on measuring the City's performance in meeting the needs and priorities of its residents and the business community. Contact: Debra Rose, Director of Management Services 25550 Commercentre Dr., Lake Forest, CA 92630 Phone: 949.461 .3414 Email: DRose@ci.lake-forest.ca.us Projects: Business Surveys ('98, '00, '02, '04, '06, '08, '10, '12, '14) Resident Surveys ('98, '00, '02, '04, '06, '08, ' 1 0, ' 1 2, ' 1 4) City of Lake Elsinore True North Research: Inc. © 2076 City of La Mesa True North has designed and conducted three community priorities and satisfaction surveys for the City of La Mesa, using a sample of 800 resi- dents to allow for analysis within geographic subregions of the City. Contact: Yvonne Garrett, Assistant City Manager 8130 Allison Avenue, La Mesa CA 91942 Phone: 61 9.667.1 31 1 Email: ygarrett@ci.la-mesa.ca.us Projects: Resident Satisfaction Survey ('06, '11, '13) City of San Marcos True North has assisted the City of San Marcos with three surveys in recent years, including a General Plan Update survey in 2010, Resident Satisfaction Survey in 2014, as well as an Economic Development Survey of local businesses in 2014. Contact: Lydia Romero, Deputy City Manager 1 Civic Center Dr., San Marcos CA 92069 Phone: 760.744.1050 ext. 31 14 Email: LRomero@san-marcos.net Projects: Resident Planning Survey (10) Resident Satisfaction Survey (' 1 4) Economic Development Survey of Businesses (14) City of Thousand Oaks True North has designed and conducted three community priorities and resident satisfaction surveys for the City of Thousand Oaks, as well as survey of employees and a revenue measure feasibility study. Contact: Andrew Powers, Assistant City Manager 2100 Thousand Oaks Blvd., Thousand Oaks, CA 91 362 Phone: 805.449.2148 Email: APowers@toaks.org Projects: Resident Satisfaction Survey ('09, '13, '15) Employee Survey ('15) Revenue Measure Survey ('09) City of Westlake Village True North designed and conducted community visioning and satisfac- tion surveys for the City of Westlake Village in 2005, 2009, and 2015. The surveys, which were conducted via telephone, Internet and mail, addressed many key topics of interest and are being used to guide Coun- cil's future service, planning, and policy decisions. Contact: Audrey Brown, Assistant City Manager 31 200 Oal( Crest Dr., Westlake Village CA 91 361 Phone: 818.706.1613 Email: Audrey@wlv.org Projects: Resident Survey ('05, '09, '1 5) City of Lake Elsinore True North Research: Inc. © 2016 City of Brea True North has conducted four surveys for the City of Brea, including a survey to gauge community sentiment regarding the proposed extension of the Olinda Alpha Landfill, two resident satisfaction surveys, and a sur- vey to gauge the feasibility of a general sales tax measure on the Novem- ber 2008 Ballot. Contact: Cindie Ryan, Communications & Marketing Manager 1 Civic Center Circle, 2nd Floor, Brea CA 92821 Phone: 714.990.7600 Email: CINDIER@ci.brea.ca.us Projects: Resident Satisfaction Surveys ('08, '1 1) Revenue Measure Survey ('08) Landfill Extension Survey ('06) City of Aliso Viejo True North designed and conducted the City of Aliso Viejo's Community Satisfaction Survey in 2013, which had a special emphasis on prioritizing capital improvements projects the City is considering. True North also conducted a revenue measure feasibility survey for the City in 2002. Contact: Glenn Yasui, Director of Administrative Services 12 Journey, Suite 100, Aliso Viejo CA 92656 Phone: 949.425.2500 Email: gyasui@cityofalisoviejo.com Projects: Community Survey ('02, '13) City of Manhattan Beach Dr. McLarney and Mr. Sarles have designed and conducted eight surveys for the City of Manhattan Beach since 1999, including four resident satis- faction surveys and three revenue measure feasibility surveys. The bian- nual surveys of 400 residents were conducted for customer satisfaction, strategic planning and performance measurement purposes. Contact: Bruce Moe, Director of Finance 1400 Highland Ave, Manhattan Beach, CA 90266 Phone: 310.802.5000 Email: bmoe@citymb.info Projects: Resident Satisfaction Surveys ('00, '02, '04, '06) General Plan Survey ('00) Revenue Measure Feasibility Surveys ('99, '14, '16) City of Lake Elsinore True North Research, Inc. © 2076 ................ City of San Jose Since 2006, Dr. McLarney has conducted annual customer satisfaction surveys for the City of San Jose. The surveys are conducted using a mixed -methodology which allows customers the flexibility to participate by telephone or online at a secure, password protected website hosted by True North. Contact: Page Benway, Senior Analyst 200 East Santa Clara St., San Jose CA 95113 Phone: 408.535.7887 Email: Page.Benway@sanjoseca.gov Projects: Customer Surveys (every year '06 to 'l 6) City of San Carlos True North assisted the City of San Carlos in conducting Community Opinion Surveys in 2011, 2013 and 2016, which measured community needs and priorities as they relate to municipal services, gauged resi- dents' opinions of the City's performance in providing services, and gathered additional performance and policy -related information. True North also assisted San Carlos with voter research related to a potential revenue measure in 2008 and 2009. Contact: Jeff Maltbie, City Manager 600 Elm Street, San Carlos CA 94070 Phone: 650.802.4228 Email: JMaltbie@cityofsancarlos.org Projects: Citizen Survey ('1 1 , '13, '1 6) Voter Surveys ('08, '09) City of Dana Point True North has conducted three surveys for the City of Dana Point, including a resident satisfaction survey to measure community priorities and satisfaction with respect to municipal services, a revenue measure feasibility survey, and a resident survey regarding the City's vacation rental policies. Contact: Doug Chotkevys, City Manager 33282 Golden Lantern, Dana Point CA 92629 Phone: 949.248.351 3 Email: DChotkevys@DanaPoint.org Projects: Resident Satisfaction Survey ('09) Revenue Measure Survey ('10) Vacation Rental Resident Survey (12) City of Lake Elsinore True North Research, Inc. © 2076 ................ S U R V E Y A P P R O A C H & M E T H O D O L O G Y Trade Secret Notification: This section of the proposal contains information and a description of services and project approaches and procedures that are trade secrets as defined by Govern- ment Code Section 6254.7. This proposal contains a description of a unique process, approach and procedures that are known only to True North Research and which are not known or used by other competitors. True North requests that this proposal not be duplicated, distributed, dis- cussed, or shown to parties other than the individuals at the City of Lake Elsinore who are involved with the Project—in whole or in part—without the expressed written consent of True North Research, Inc. INNOVATIVE METHODS FOR A CHANGING ENVIRONMENT If the ultimate goal of this study is to enable the City of Lake Elsinore to make sound, strategic decisions based upon the data that is collected, it is critical that the data be collected according to rigorous method- ological standards. Indeed, although it may be easy to conduct a'survey', it is quite challenging to design and implement a survey that A) produces valid3 and reliable4 measures of the opinions and behaviors of interest, and B) produces data that is representatives of the population of indi- viduals that is the focus of a study. Only by satisfying each of these conditions will the proposed study produce data that is trustworthy and thus a sound basis for making decisions. Meeting the aforementioned conditions has become more difficult in recent years. Much has changed in terms of how the public receives information, the accessibility of residents through traditional recruiting methods, and their willingness to participate in community surveys. Whereas conventional RDD (random digit dial) telephone surveys worked well for surveying resi- tdents in the past, they are no longer nearly as effective at producing reliable samples due to fac- o tors such as call -screening and the increasing percentage of households that rely solely on cell phones. Nor do they provide the flexibility to respondents in terms of howthey participate that is required to achieve acceptable participation rates. The bottom line is that in order to continue producing statistically reliable measures of their residents' opinions, priorities and behaviors, the research methodologies that California cities employ for community surveys must adapt to these new challenges. The methodology that we recommend in this section is designed to do just that—adapt to these JI' new challenges by employing innovative techniques that will ensure statistically reliable results. As discussed in greater detail later in this section, we propose to use a stratified sampling methodology that ensures a representative sample of Lake Elsinore households regardless of whether they use land lines or cell phones. We also recommend using a three -pronged recruit- ing strategy of mailed letters, email invitations, and telephone calls to recruit participation in the survey and a mixed -method data collection methodology that allows sampled respondents 3. Validity refers to the degree to which a question actually measures the underlying attitude or construct that it was designed to measure. For example, asking people whether they own "stock" to measure their financial savings behavior is sufficiently ambiguous such that it has low validity. Research has shown that people in farming communities are more likely to interpret "stock" to mean livestock—not financial stocks. 4. Reliability refers to the degree to which the observed results for a survey question are free of measurement errors and thus accurately measure the true value among the survey participants. 5. In this context, representative refers to the degree to which the results found among the survey participants match what would have been found if all adults in the City participated in the survey. A probability -based sample free from the many possible sources of selection bias is the key to obtaining representative results. City of Lake Elsinore True North Research, Inc. © 2076 1 ............... the flexibility of participating by telephone or online at a password protected web site. Designed, tested and refined by True North over the past six years, our recommended survey approach has proven to increase participation rates, reduce response bias, and increase the overall accuracy and reliability of citizen survey results when compared to the methods generally used by other polling firms. The proposed methodology is similar to that True North employed for the City of Temecula for its most recent Community Opinion Survey. The following sections describe the main elements of the proposed methodology, which includes several value-added methodological and project management features likely not found in the proposals submitted by other firms. COMMUNICATION At the outset of this study, True North recommends having a kick-off meeting with all individuals who will be actively involved in the study (or will be an important stakeholder) in attendance. The kick-off meeting is a great forum for talking about past research conducted and the City's needs, expectations, and concerns for the upcoming study and deliver- ables. The kick-off meeting will also provide an opportunity for Dr. McLarney to clarify any ques- tions about the proposed methodology, ask questions of city staff, and identify changes to the methodology (as proposed) that may better serve the City's interests. In short, the purpose of the kick-off meeting is to make sure that everyone is in agreement about the details of the study, identify areas that need further clarification, share materials, and establish a more detailed work plan for the project. After the kick-off meeting, Dr. McLarney will keep in regular contact with the Project Manager identified by the City through telephone, email, and in-person meetings. QUESTIONNAIRE Dr. McLarney will work closely with city staff and/or a subcommittee in designing and revising the questionnaire. The questionnaire design and revision process will begin at the kick-off meeting and will take about two weeks to complete. Dr. McLarney will take the lead in creating an initial draft after the kick-off meeting and receiving input that may be sub- mitted by staff. City staff will have the opportunity to then review and comment on the draft questionnaire. It usually works best if the City assigns a single person to gather the comments of staff and then discuss them with Dr. McLarney, who will make changes based on the comments. This process is repeated, as needed, until all parties are satisfied with the questionnaire. Throughout the design process, Dr. McLarney will work closely with Lake Elsinore to develop a questionnaire that covers the topics of interest to the City and avoids the many possible sources of systematic measurement error, including position -order effects, wording effects, response - category effects, scaling effects and priming. PRE-TEST & PROGRAMING Once the City has approved the draft survey instrument, it will be pre -tested internally and with at least 20 Lake Elsinore households prior to actually field- ing the survey to ensure that respondents can easily understand the point of each question, the response options match what respondents want to answer, the skip patterns and CATI logic are correct, etc. After any final adjustments are made in consultation with the City, the instrument will be programmed for both telephone (CATI) and online versions. City of Lake Elsinore True North Research, Inc. © 2016 ................ SAMPLING The sampling design for this study is in many respects the most important stage of the survey research project. Only through carefully designing the sample to meet the many theoretical and logistical challenges associated with conducting community surveys will the results of the interviews be representative of the estimated 37,980 adult residents in the City.6 As noted previously, telephone -based sampling techniques (such as RDD) that in past years worked well for generating representative samples of residents are no longer effective on their own. Note only do they fail to account for the growing number of households—especially younger households—that have given up their land lines in favor of cell phones, the prevalence of caller ID and other similar technologies has led to a substantial rise in call screening behav- iors. In combination, these factors create a situation in which a significant percentage of house- holds are simply unreachable if one relies solely on telephone -based sampling and recruiting techniques. Rather than choose phone numbers at random, our recommended solution is to use a compre- hensive database of Lake Elsinore households (listed by physical address/location) and stratified sampling methods to select a random sample of Lake Elsinore households. This will ensure that all households in Lake Elsinore have an equal probability of being selected for the survey—not just those that have land lines or published cell phone numbers. It also enables True North to recruit households using an effective combination of mailed invitation letters, email and tele- phone calls, as discussed below (see Three -Pronged Recruiting on page 16). SAMPLE SIZE By using the aforementioned stratified random sampling design with adjust- ments as needed, True North will ensure that the sample is representative of the City's adult population. The results of the sample can then be used to estimate the opinions of all adults in the City. Because not all residents will participate in the survey, however, the results will have what is known as a statistical margin of error due to sampling. The margin of error refers to the difference between what is found from the sample of respondents and what would have been found had all residents been surveyed. This is where sample size becomes important. The larger the sample, all other things being equal, the smaller the margin of error and the more confidence one can have that the survey results accurately reflect all adults in the City. To provide the City with a sense for how the statis- tical margin of error is related to sample size, Figure 2 plots the relationship between sample size and the maximum7 statistical margin of error for the proposed survey. As illustrated in the figure, beyond a sample size of 400 the statistical margins of error begin to flatten -out such that incremental units of additional sample result in smaller and smaller reductions to the statistical margins of error. For this reason, True North generally recommends a sample of 400 residents as it best balances the need for reliability with the costs associated with data collection. A sam- ple of 400 completed interviews will have a maximum margin of error at the 95% confidence level of 4.88% (plus or minus). 6. This figure is based on Census 2010 data and California Department of Finance projections for 2015. 7. The margin of error will vary depending on the distribution of responses to the question. l"he maximum margin of error occurs when the results are evenly split (50-50) between two response options. City of Lake Elsinore True North Research, Inc. © 2016 ................ FIGURE 2 MAXIMUM STATISTICAL MARGIN OF ERROR DUE TO SAMPLING IN CITY OF LAKE ELSINORE 14% - 0 t $ 8% i---- \ - Sampleof 400 c `Adults m 6% ( 4.88% 2% 2% _. 0 100 200 300 400 500 600 700 800 900 1000 Sample Size (Number of Respondents) Although 400 is the minimum guaranteed sample size for the study, it is also likely that we wil deliver a larger sample size. One of the advantages of using our proposed recruiting strateg (see Three -Pronged Recruiting on page 16) and offering respondents the option to participat( online as well as by telephone (see Mixed -Method Data Collection on page 17) is that if the response to the mailed invitations is greater than our conservative estimate, the resulting Sam ple size will be larger than 400 completed interviews. The additional completed surveys will N provided to the City at no additional cost. THREE -PRONGED RECRUITING Once households have been selected for the sample each will be mailed a personalized letter and (when available) an email that invites an adult mem her of the household to participate in the survey either online or via telephone. The letters wil include a unique password for each household to ensure that only Lake Elsinore residents ar( able to take the survey and limit the number of completed interviews per household to one.$ Tc maximize the response rate and resident candor, we recommend that the envelope and letter bE produced on city stationary or using the city logo, but clearly state that the survey is being con ducted by an independent research firm to ensure the objectivity and anonymity of the study.` Households that do not respond to the initial mailed invitation or email by participating in the survey will receive follow-up telephone calls for the purposes of soliciting their participation anc conducing the interviews. Using this three -pronged recruiting method (mailed letters, emailec invitations, and telephone calls) allows us to reach a substantially higher percentage of resident when compared to using only one recruiting method. S. Once a password has been used, it can't be used again. However, if a respondent should be interrupted before completing the survey, they can use the password to access the survey site again and it will pick up where they left off. 9. We will provide recommended language for the invitation letter to the City for review and approval. City of Lake Elsinore True North Research, Inc. © 2016 ................ MIXED -METHOD DATA COLLECTION The reliability of survey results depends, in part, on having a high participation rate. One of the most productive ways of encouraging participa- tion (and minimizing response bias) in a survey is to make it as convenient as possible for an individual to participate. Although some individuals find it most convenient to participate via telephone, others may have responsibilities and schedules that are simply not conducive to spending up to 20 minutes on the phone at a particular time. For this reason, we recommend a mixed -method design that will allow respondents maximum flexibility in choosing when and how they participate in the study. The mixed -method approach involves allowing respondents the option to participate in the sur- vey by telephone or online through a secure, password protected web -based application designed and hosted by True North. Respondents can access the online survey from a computer, tablet or smart phone, and the screen will scale accordingly. By providing respondents with flex- ibility as to when and how they participate in the survey, a mixed -method approach (especially in combination with a three -pronged recruiting method) will deliver higher participation rates, min- imize response bias, and ultimately deliver more reliable results than using telephone -only based data collection methodologies. Telephone Interviewing Quality telephone interviewing will be an important element of the proposed survey. Using a 'bargain' phone facility is rarely a bargain, as the integrity of the data and the accuracy of the results depends on the knowledge, experience and professionalism of the interviewers and supervisors. In the end, it is critical that the research team and the City can trust the data that were collected. For this reason, True North will team with MWRC, a profes- sional interviewing company that has partnered with Dr. McLarney and Mr. Sarles on more than 400 community survey projects in the past and has a proven track -record of professional inter- -- - viewers, quality data collection, and competitive pricing. Located in a university town with few alternative employment opportunities, MWRC interviewers tend to have higher education levels and are more motivated and professional than most facilities. Interviewing for a resident survey is typically conducted in the evenings (5:30PM to 9:OOPM PST) during weekdays, and l O:00AM to 6:OOPM on weekends. True North works closely with MWRC to manage quality control procedures during data collection, which will include a training session with interviewers and supervisors to ensure that telephone interviewers understand the purpose of all of the questions in the survey, thoroughly testing the CATI and web programs prior to fielding, active and remote supervisor monitoring of interviews, quality control checks on a ran- dom selection of interviews to identify any discrepancies that may occur (and need adjusting), and daily monitoring of the sample characteristics to ensure that data collection is adhering to the sampling plan (for more details on our quality -control processes, see Quality Control on page 19). DATA PROCESSING Once the interviewing is complete, True North will process the data. This consists of checking the data for errors or inconsistencies, coding and recoding responses, categorizing open-end responses, and preparing frequency analyses and cross -tabulations. City of Lake Elsinore True North Research, Inc. © 2016 ................ ANALYSIS & TOPLINES Once the data processing is complete, True North will analyze the results and prepare an initial topline report for the City's review. The topline report consists of the aggregate percentage responses for each question asked in the survey. SURVEY REPORT The survey report prepared by True North Research for the City will include a thorough question -by -question analysis of the survey findings, an executive summary of the key findings and recommendations, a detailed discussion of the methodology used to complete the study, a copy of the questionnaire, full-color graphics of the overall results and those of among specific subgroups (e.g., by length of residence, age, presence of children in the home, gender, etc.), and a complete set of crosstabulations for reference that display the results broken down by various subgroups of respondents. True North believes that the quality of the final report and presentation reflects directly upon the quality of the study as a whole as well as True North Research, so Dr. McLarney and Mr. Sarles take great care in developing a report which is thorough (200+ pages cover to cover)10, insightful, free of mistakes, and presents the infor- mation in an eye-catching, full-color display. True North's reports are, without question, the most thorough and insightful in the industry. We don't just report the results—we put the findings into context and explain their meaning based upon related questions in the survey, the City's goals, relevant secondary information, the results of prior surveys, as well as our experience working with California municipalities on hun- dreds of similar studies. BENCHMARKING & STATISTICAL SIGNIFICANCE TESTING Because the proposed survey may include some questions that were asked in previous surveys administered to Lake Elsinore residents including potential key performance measures for the City, there is an obvious interest in benchmarking against prior surveys and analyzing how the responses to these ques- tions may have changed over time. It is important to recognize, however, that survey results can change over time for a number of reasons—only some of which are meaningful from a planning or performance measurement perspective. The goal is thus to isolate those changes that likely reflect actual changes in public opinion from those that are due to methodological artifacts such as measurement error, sample design effects, and chance associated with independently selected random samples. The former two methodological sources must be addressed in the design stages of the study to ensure an apples -to -apples comparison between the respective studies. The latter source—chance associated with independently selected random samples—is addressed through conducting statistical significance tests. One advantage in partnering with True North is that we recognize that the appropriate statistical tests vary depending on the parameter being estimated (mean, total or percentage), the relation- ship of the respective sampling procedures (related or independent), as well as the distribution of the data on the selected question. As part of the report, True North will conduct the appropri- ate tests of statistical significance for those questions and performance measures that can be meaningfully compared across the City's resident surveys, if applicable. I O.For those readers who don't have the time or the interest to review the entire report, we present a concise exeanive summary of the key findings and conclusions. City of Lake Elsinore True North Research: Inc. © 2016 + PRESENTATION & CONSULTING Once the final report has been completed, True North will prepare a PowerPoint presentation of the survey results and deliver the presentation to City staff and Council, as desired. Moreover, after the study is complete, we will continue to be a good partner for the City. As issues or questions arise for which the survey may provide some guidance, we will be happy to consult with and advise the City at no additional charge. TIME LINE True North will work with the City of Lake Elsinore to establish a time line that meets the City's needs. Using the May 10, 2016 start date referenced in the RFQ, the schedule in Figure 3 shows each of the major tasks needed to complete the survey, as well as the proposed start date and duration for each task. Dr. McLarney and Mr. Sarles have the availability and resources needed to meet this time line, as well as the flexibility to adjust this schedule, as needed, to best meet the City's needs. For the reader's convenience, we have color -coded the schedule shown in Figure 3. The green bars denote periods where the City will be reviewing materials and deliverables. All other tasks can be managed by True North without need for City staff or resources. FIGURE 3 PROPOSED TIME LINE eatri Name nlouvsl mtl omu oo hDatei 5 Design Survey..__ Jui16 'Kickoff loo --111111s Diren e ,questionnaire Draft too "isle stuns 'City Review Questionnaire 560 vaoile seine 'Revise & Finalize Queshonnave s ao Mmut 616,16 CATI & Web Program S oo vs Is en6ns (Sample Design 9 r "6i>i1s 6nsns (Administer Survey Produce & Send Mail & Email Invitations 4 O 61,6e1s relics Conduct Interviews 1e ro '6=116 11118 Data Processing aoo irens 1111l6 " Analysis, Reporting & Presentation Topline Summary I re I iilsr 6 7111ce Draft Report - - a a 1eian6 =en6 City Review Report - soo dia=ls 611116 ''.. Finalize Report ado eeeels 616116 -' Develop Powerpoint Summaly Dre -evele 119116 Presentation of Findings loo P, vis finvm 6ay16 Junae Jui16 1.916 22 21 5 11 11 2u 9 in 17 A 31 I QUALITY CONTROL Although we have commented on various aspects of our quality con- trol procedures throughout this proposal, in this section we elaborate on the quality control pro- cedures we employ to ensure that the City receives accurate, reliable survey results, analyses and deliverables. True North ensures the integrity of its data through a series of steps that begins with the ques- tionnaire design process. As noted previously, we work closely with our clients during the ques- tionnaire design and revision process to ensure that the questionnaire covers the topics they are interested in while avoiding the many possible sources of measurement error, including posi- tion -order effects, wording effects, response -category effects, scaling effects and priming. The questionnaire will be designed and thoroughly reviewed internally by Dr. McLarney and Mr. Sar - les before being shared with city staff. It will then be jointly reviewed by Dr. McLarney and city staff, content revisions identified, and a new paper/electronic draft will be created and proofed internally again by Dr. McLarney prior to being distributed to city staff for review. This process is City of Lake Elsinore True North Research: Inc. © 2016 repeated, as needed, until all parties are satisfied with the questionnaire. To avoid version -con- trol issues, we do not share the Master File but rather have city staff review and comment on a pdf version. This ensures that small, unintentional changes or mistakes are not made during the review process that find their way into the final questionnaire. Once the City has approved the questionnaire, it will be programmed by True North into a pro- prietary CATI (Computer Assisted Telephone Interviewing) system that guides interviewing staff when conducting phone interviews, and a customized web interface to allow online participa- tion. Both systems automatically navigate skip patterns in the survey, randomize question items as desired, and prevent most types of keypunching mistakes made by an interviewer or cus- tomer. And in studies that allow respondents the option of participating by telephone or online, the CATI and online systems are linked so that the responses are recorded to the same data file. This feature eliminates errors that may arise when merging data from separate files with sepa- rate layouts. Once developed, the CATI and web programs are thoroughly tested by Mr. Sarles and Mr. Travis to ensure they are free of errors, limit input to valid data ranges for each question, verify certain responses with the interviewer or the respondent in real-time and, when appropriate, accurately cross reference data gathered earlier in the survey or previously collected from the customer data on file. This hands-on testing process is conducted by repeatedly working through the CATI and web interview, entering combinations of data, testing skip patterns, etc. Once hands-on testing of the CATI and online systems is complete, True North employs separate testing software (also proprietary) that generates a mock data file based on acceptable types and ranges of data as permitted by the CATI and online programs. This resulting test data, out- putted in SPSS format, allows True North to review and test a data file that matches the eventual final study data file with respect to its column layout, data structure, data labels, variable names, and valid data ranges. In studies where there may be an interest in tracking the results of prior surveys, it is at this point of the testing where special consideration is made to accommodate the particulars of those past data files so the layouts are consistent, the variable and label names identical, and the data types and ranges an exact match. This test file can also be provided to city staff for review and possible revisions, if desired. Once we are fully satisfied that the CATI and web programs are perfect, we will also provide city staff with the opportunity to review the programs online (if desired). This involves giving staff a link to access to our CATI and online web system in test mode. City staff can then review the pro- grams in a live environment, answering questions and working through the interview. In our experience, this stage of the review rarely uncovers programming errors—but it occasionally produces additional content changes as our clients have an opportunity to experience the inter- view first-hand and often come away with an idea or two that we incorporate into the question- naire using the same process described above. Once True North and city staff are satisfied with the CATI and the data file structure, the study will be pre -tested with at least 20 residents. The objective of the pre-test is to ensure that respondents can easily understand the point of each question, the response options match what respondents want to answer, the skip patterns and CATI logic are correct, etc. Again, we will review the results of the pre-test with city staff and make recommended changes, if warranted. City of Lake Elsinore True North Research: Inc. © 2016 We know good interviewing starts with good interviewers, which is why we team with MWRC. Each interviewer is carefully screened and trained before they start dialing. Our training process provides us with an articulate, skilled and diverse pool of employees who are capable of over- coming respondent objections, converting refusals, and handling complex questionnaires. Initially, we screen all prospective interviewers by administering written tests to identify skills such as knowledge of current affairs, grammar, spelling and work habits. We then train our inter- viewers in a formal classroom environment. The training covers a basic orientation to the indus- try, specific interviewing mechanics (skip patterns, probing, etc.), and telephone etiquette. Following the classroom training, each interviewer participates in practice interviews, playing the role of both the interviewer and the respondent. Supervisors tape these interviews and the roles of both the interviewer and the respondent are evaluated during a re-training and diagnostic ses- sion. Separate exercises in probing are also conducted. After completing their training, the inter- viewers enter a two-week probationary period where they conduct live interviews under the close supervision of training personnel. Supervisor personnel continue to monitor each interviewer's progress on a regular basis. If an interviewer fails to meet the interviewing standards, he or she is removed from the project and re-trained. Interviewers are thoroughly briefed before beginning a new study. The briefing is designed to familiarize the interviewers with the study objectives, the questionnaire and CAT] program, the sample and the respondent type, as well as any special considerations or instructions related to the project (e.g., alert supervisor if respondent insists on knowing the sponsor of a survey at the outset of the interview, which can affect the integrity of the interview). Briefings cover the follow- ing points: Background of the study Any unique problems that may arise The importance of precisely following the sample design A question -by -question review of the questionnaire and appropriate ways to complete cer- tain questions Working with the questionnaire and CATI system Handling the specific nuances of the questionnaire (including asking questions to obtain potentially sensitive information) Following prescribed, specific survey protocols and procedures Working with difficult to handle and non-English speaking respondents While reviewing the specifics of the study, the supervisor encourages the interviewers to ask per- tinent questions. Our clients are also welcome to participate in the briefings remotely or in per- son. A high supervisor -to -interviewer ratio is maintained in all of our interviewing centers to ensure that the lessons learned in training are applied correctly in the field. Supervisors unobtrusively monitor at least 15 percent of all live interviews via telephone and computer links. Interviewers are evaluated on several areas, including the following: City of Lake Elsinore True North Research, Inc. © 207 6 ................ Reading verbatim Correct pronunciation Appropriate speed Avoiding bias Telephone etiquette Accurate and thorough probing Controlling the conversation Correct and complete data entry Managing the sample in the field is made easy using MWRC's sophisticated CATI and online sys- tems. All respondent records are flagged with their appropriate strata, and quotas are pro- grammed into the system for strata as well as relevant demographic characteristics. Once the number of interviews in a particular subgroup has been met, that group will be automatically "closed" and the dialing/interviewing will continue for strata and subgroups that have yet to be filled. The sample is also reviewed nightly as data collection proceeds to ensure that is within certain tolerances and meets the desired demographic distributions. At True North, we take additional steps to ensure that the sample is representative beyond sim- ply managing the sample on strata and quotas. For resident surveys, we recommend conducting interviews only during certain time windows (5:30 PM to 9:00 PM midweek, 10:00 AM to 5:00 PM weekends) when a balanced mix of residents are most likely to be home. If we are unable to reach a resident on our initial attempt, callbacks are automatically scheduled at different times of the day and on subsequent days to ensure that we maximize our chances of reaching the respondent. Only after eight attempts are made to reach the respondent (twice the four -call stan- dard used by most polling firms) will we consider that resident unreachable and replace them with another resident with a similar profile. Once the interviews are collected, we process the data and once again review the data file to confirm that it is a clean file, free of mistakes, and has the proper variable names, labels and assignment. Additional variables may be added to the file at this point as we code open-ended responses, create derived variables, and merge additional secondary information on the file for analysis. For this reason, we thoroughly test the data file again at the conclusion of data collec- tion and pay special attention to any new variables that are added to the file. Before submitting the final data file to the City, we conduct a variable -by -variable analysis of data frequencies and distributions, and test the logical relationships between variables, to ensure that the data makes sense and there are no odd patterns. True North's management model is also a key factor in maintaining quality control throughout a project—and especially when producing analyses, reports and recommendations (see Project Organization & Staffing on page 6). Whereas most firms manage projects by division of labor and delegating most of the work to low-level staff, at True North we firmly believe that the best way to conduct your study is to have the people in our organization with the most expertise and experience roll -up their sleeves and actually do the work. Rather than rely on division of labor, our entire management model is designed to integrate project management, design, implemen- tation, analysis, and reporting. A key advantage of selecting True North is that who you see is City of Lake Elsinore True North Research, Inc. © 207 6 ................ who you get. Dr. McLarney and Mr. Sarles will not just advise on your project or be a "manager"— they will personally handle all key research tasks. True North's management approach has obvious advantages when it comes to developing the final deliverables for a project, including the report and presentation. Because Dr. McLarney and Mr. Sarles collaborate throughout a project on all aspects of the study, they have a first-hand understanding of the client's research objectives, the data, and the study findings, and are thus in a great position to develop a report that A) captures the motivation for the study, B) avoids unnecessary clutter and instead focuses on study findings that speak to the important research issues/questions of interest, and C) provides insightful strategic recommendations and action- able takeaways for the client. Our process for developing the report and presentation for the City will begin with a conversa- tion with city staff to identify any special needs or desires, as well as identify the appropriate audiences for the report. Dr. McLarney and Mr. Sarles will then jointly discuss the general layout and content. Graphics will be produced and reviewed by Mr. Sarles for inclusion in the report based on direction from Dr. McLarney. Once the graphics are developed, they will be reviewed for accuracy based on comparison with SPSS output and other related documents including topline results and crosstabs. Once we are satisfied that the numbers are all correct, the graph- ics will then be formatted to ensure consistency in layout, look and feel, narrative will be added to the report, and additional animation if desired for the Powerpoint. Dr. McLarney will take the lead in developing the narrative, and both Mr. Sarles and Dr. McLarney will proof the report and Powerpoint separately before providing the files to the City for review and discussion. After fol- low-up discussions with the City, any changes that are requested will be made in accordance with the same process identified above until the report and Powerpoint are given the final stamp of approval by the City. City of Lake Elsinore True North Research, Inc. © 2016 ................ C O M P E N S A T I O N PAYMENT S C H E D U L E The following table presents True North's fixed -fee cost estimate to design and conduct the sur- vey as described in this proposal. The costs shown are inclusive—there will be no additional charges for travel, incidentals, meetings, post -project advising, or any other matter. 11 If selected as the City's research partner for this study, our payment terms are simple: we request full pay- ment at the conclusion of the study. No interim or up -front payments are needed. When comparing our costs to those of other bidders, please note that our costs include value- added services that may not be provided by other firms. Our value-added services include: Using a stratified sampling methodology that ensures a representative sample of house- holds regardless of whether they use land lines or cell phones. Using a three -pronged recruiting strategy of mailed letters, email invitations, and tele- phone calls to recruit participation in the survey and a mixed -method data collection meth- odology that allows sampled respondents the flexibility of participating by telephone or online at a password protected web site. This approach will increase participation rates, reduce response bias, and provide more reliable results than possible if one uses telephone - only recruiting and data collection. Providing comparison benchmarks on key performance measures from a selection of the hundreds of resident satisfaction surveys that True North has conducted for California cit- ies, if desired by the City. Conducting statistical significance testing to identify those changes in residents' opinions between prior Lake Elsinore resident surveys (if applicable) and the proposed 2016 survey that are statistically significant versus those that are likely due to chance associated with independent random sampling. Providing the most thorough and insightful report in the industry. We don't just report the results—we put the findings into context and explain their meaning based upon related questions in the survey, the City's goals, relevant secondary information, the results of prior surveys, as well as our experience working with California municipalities on hundreds of similar resident studies. Although some of these services are likely not included in the proposals submitted by other bid- ders (and we could similarly follow suit and offer a lower cost), our experience is that these addi- tional services are necessary to ensure that the City receives statistically reliable survey results and the maximum return for its investment in this study. FIXED -FEE COST OPTIONS The cost for a survey is based in part on the sample size and the length of time it takes to administer the interview. Because the questionnaire has yet to be developed, we present 15 and 20 minute length options in Table 1 on the next page and their associated costs for the City's consideration assuming a sample size of at least 400 interviews. The actual cost of the survey will be pro -rated accordingly if the length falls somewhere in between 15 and 20 minutes. 11These costs assume two in-person meetings/presentations and unlimited conference calls throughout the study, which is standard for a community survey project. If additional in-person meeting are desired by the City, they will be billed at $175 per hour including travel time. City of Lake Elsinore True North Research, Inc. © 2016 ................ Please also note that we have been conservative in estimating the response rate to the initial mailed invitation letters. If the response rate is higher than our conservative estimate, we will provide additional completed interviews beyond 400 at no additional cost to the City. The costs shown in Table 1 also include all expenses associated with producing and mailing the invitation letters—a value-added feature likely not included in other firms proposals. TABLE 1 COSTS FOR 15 AND 20 MINUTE SURVEY OF AT LEAST 400 RESIDENTS �)ampie $ 800 $ 800 CATI Program/Host $ 1,250 $ 1,250 Invitation Letters $ 2,250 $ 2,250 Data Collection $ 10,000 $ 12,000 Data Processing $ 2,000 $ 2,000 Research Fee $ 7,500 $ 7,500 Project Management & Meetings $ 1,750 $ 1,750 Miscellaneous Expenses $ 250 $ 250 City of Lake Elsinore True North Research, Inc. © 2016 ................ I N S U R A N C E True North carries the insurance coverages requested in the RFQ in amounts that meet or exceed the requested limits. OP ID: MH L CERTIFICATE OF LIABILITY INSURANCE DATE (MMI°°RYYYI L Rd/n]/]n1F THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 760-729-1143 NAMEAei Richard Series Togo Insurance Agency Fax: 760-729-86171Argtt PHONE FA% E_I:760-632-9900 Sue No: 760-632-9993 150 EBroadwa SteA _ _ _. MAIL Vista, CA 9208 -0065 AUNSss: sarIkN a tn_research.corn_ Steven Tague PRODUCER CUSTOMER mm TRUEN-1 - - - _ __ INSURER(S1 AFFOROINO COVERAGE NNCY _ wsuRED True North Research Inc. msuRERA The Hartford 29424 1061 Neptune Ave .,Dr.. RLI Surety Encinitas, CA 92024 % INSUsea c . 7200AAG6926 xsuRERn -- .SUPER C 0810512018 NSURERF THIS IS TO CERTIFY THAT THE POLICIES OFUI INSURANCE LISTED BELOW HAVE ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 1'HI$ INDICATED. NOTWITHSTANDING ANY TERM OR CONDITION ANY AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Y PERTAIN, THE D CERTIFICATE MAY ISSUED OR MAY PERTAIN, THE INS HOWNE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED DV PAID CLAIMS. O — --- V R - ° ICYEFF—POLICYEXP INSR TYPE OF INSURANCE AUwSn OULs POLICY NUMBER IMMUDDAYYYYLI MMVDDNYYYI LIMITS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN GENERAL LIABILITY ACCORDANCE WITH THE POLICY PROVISIONS. City Manager 130 South Main Street AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ 2,006,000 '— (A IAGL FUTICATED — - 300,000 A COMMERCIAL GENERAL % X 7200AAG6926 0810512015 0810512018 PR_WGESLE mom s —1 CLAIMS MADE a OCCUR _MED ET (AT, ercov_I_ $ 10,000 X Business Owners PERsoNAt&ADV INJURY_ $ 2,000,000 GF.NF.RAL AGGREGATE 8 4,000,000 PRODUCT$ -COC IOP AGG S 4,000,000 GENIAGGREG_A_TEg APPLIE$PER: X POLICYi PRtr LOC AUTOMOBILE LIABILITY X X COMBINEDGINGLELIMN 5 2,000,000 A X ANY AUTO 72UECUM1800 0411712016 04/17/2017 ("aa-VID) e001LY INJURY (Perl,ers on) $ ALI.OWN1C AUTOS BO_ D;"ILP � DY INJURY (Pe, occi0on1 $ $CHEWLEDAUTOS PROPERTY DAMAGE $ X FIREDAUTPS (Pacocgtlonl) X NON OWNED AUTOS $ 5 VM6RELLA LIAe OCCUR Ll _EACH OCCURRENCE 5 E%CESSLIAtl CLAII AGGREGATE $ OEOUC IIBLF _._. 5 RETENTION 5 5 WOR KERS COMPENSATION X WC GTATU ]CTL J,INllI$ ED. A AND EMPLOYER LIAmLITY nrvrpaopmE o tlxeRlBxecunvF. YIN 72WECGD7152 0310412016 03/04/2017 __. ELEACB ACCIDENT S 1,000000_ OFFICERMIEMBFR FXGLV°E°f (MFm1Mory,n NHl NIA C. L._D_IGCAS_E EA EMPLOYEE 5 1,000,000 ."_. If ym Je:enoe w,ft, DESCRIPTION OF OPERAI' IONS FDZV, EL. DISEASE - POLICY LIMIT $ 11000,000 A Property X 72SBAAC6928 0810512015 08105/2016 PROPERTY 15,300 D Professional RTP0005804 0710212D15 07/0212016 PROF 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEIIALES (Atmel, ACORD 101, AJJllianrl Ro,nvMz Scl,etl,lle, Il lno,e.Race iv requireU The City, its elected an appointed officers,ficial employees, agents and volunteers are to be covered s additional insured with epect to liability arising out o£ work performed by or n behalf of the Consultant, materials, parts or equipment furnished in connection with such wincluding ork or operations. CITY067 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS. City Manager 130 South Main Street AUTHORIZED REPRESENTATIVE Lake Elsinore, CA 92530 �¢ U 1988-XU09 AGUKU UUKFUKAI[ON. All ngms reserved, ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD City of Lake Elsinore True North Research: Inc. © 207 6 STANDARD AGREEMENT & T E R M CONTRACT True North has reviewed the City of Lake Elsinore's Standard Agreement for Professional Services and does not take exception to any aspect of the agreement. If selected as the City's research partner, we are prepared to sign the agreement without modifications. PROPOSAL TERM This proposal is binding for a period of 120 days from the date of sub- mittal to the City. City of Lake Elsinore True North Research, Inc. © 207 6 ................ C:I,I,y OI•^ LA E SINORT "" 1)1zt:At� E., MLEll REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: FROM: DATE: SUBJECT: Recommendation HONORABLE AGENCY CHAIRMAN AND MEMBERS OF THE SUCCESSOR AGENCY GRANT YATES EXECUTIVE DIRECTOR MAY 10, 2016 Warrant List dated April 28, 2016 Receive and File Warrant List dated April 28, 2016. 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 - SR Warrant - Exhibit A Warrant - Exhibit B APRIL 28, 2016 WARRANT SUMMARY SUCCESSOR AGENCY OF TI 1E REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE FUND# FUND DESCRIPTION TOTAL 510 SUCCESSOR TO RDA AREA 1 $ 499.44 520 SUCCESSOR TO RDA AREA 2 5,868.42 --- 530 SUCCESSOR TO RDA AREA 3 5,868.42 540 SUCCESSOR STADIUM CAPITAL 218,509.69 GRAND TOTAL $ 230,745.97 5/2/2016 Warrant 04 28 16 SA RDA 1 of 1 APRIL 28, 2016 WARRANT LIST SUCCESSOR AGENCY OF THE REDEV'E1,011MENT AGENCY OF TAE CITY OF ]LAKE EL.SINORE CI-IECK# VENDDR NAME AMOUNT 125746 125769 C.R. & R., INC. MICHAEL PAUL MAPLES $ 2,413.49 46,591.52 125796 WARREN COLLINS & ASSOCIATES 25,870.00 125823 CROWN LIFT TRUCKS 26,987.04 125845 LAKE ELSINORE STORM, LP 56,646.00 125849 LEIBOLD, MCCLENDON & MANN, PC 12,236.28 125853 MICHAEL PAUL MAPLES 37,843.16 125861 125862 125879 125880 PRESTIGE GOLF CARS PROSTAFF, LLC SOUTH COAST LIGHTING &DESIGN, INC. SOUTHERN CALIFORNIA EDISON CO. 13,771.60 5,867.50 1,796.04 723.34 GRAND TOTAL $ 230,745.97 5/2/2016 Warrant 04 28 16 SA RDA 1 of 1