HomeMy WebLinkAboutItem No. 12 Maint & Service Agrment Endresen DevelopmentCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 22-159
Agenda Date: 4/26/2022 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 12)
Maintenance and Service Agreement with Endresen Development Inc. for General Contractor
Services at Launch Pointe Recreation Destination & RV Park
Approve and authorize the City Manager to execute the Maintenance and Service Agreement with
Endresen Development Inc. for Launch Pointe Recreation Destination & RV Park in an amount not to
exceed $500,000.00 plus a 10% contingency for unforeseen additional maintenance needs during the
agreement and subsequent extensions and in such final form as approved by the City Attorney.
Page 1 City of Lake Elsinore Printed on 4/21/2022
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City
Council From: Jason Simpson, City Manager
Prepared by: Beau Davis, Assistant Community Services Director
Date: April 26, 2022
Subject: Maintenance and Service Agreement with Endresen Development Inc. for
General Contractor Services at Launch Pointe Recreation Destination &
RV Park
Recommendation
Approve and authorize the City Manager to execute the Maintenance and Service Agreement with
Endresen Development Inc. for Launch Pointe Recreation Destination & RV Park in an amount not
to exceed $500,000.00 plus a 10% contingency for unforeseen additional maintenance needs
during the agreement and subsequent extensions and in such final form as approved by the City
Attorney.
Background
Launch Pointe Recreation Destination & RV Park includes higher-end finishes and amenities to
attract visitors and events. Critical to the success of Launch Pointe is the first impression and is
the most important one, as appealing, well-maintained groundskeeping and landscaping which
drives the property’s value and helps to provide a favorable guest experience.
Beginning in January 2019, Endresen Development has provided maintenance services and
capabilities to Launch Pointe. At that beginning point, construction of Launch Pointe was nearing
completion. As 2019 continued and Launch Pointe began welcoming guests, the scope of work
was nearly in line with expectations. This drastically changed in 2020 as the world was affected
by the COVID-19 pandemic.
After a brief pause in guest reservations, Launch Pointe reopened and many Americans took to
the outdoors and began camping as an escape. Launch Pointe saw an immediate increase in
occupancy. As news of the pandemic escalated in mid-March 2020, Launch Pointe had an
average occupancy of 29%. In contrast, the following two years the average occupancy for the
same time period was 53% and 50%, respectively. Overall, campground occupancy has risen
from 29% in the 2019-2020 fiscal year to an anticipated 62% for the 2021-2022 fiscal year.
Endresen Development has provided significant support to Launch Pointe during the
unprecedented growth of guests utilizing Launch Pointe. Much of what makes Launch Pointe
beautiful has required more efforts towards maintenance and service of the grounds. The facilities
have taken their fair share of use requiring more attention from Endresen Development team as
well. And the refuse in which the guests of Launch Pointe create has exceeded the capacities of
the planned facilities resulting in more man hours to control.
Maintenance Services Agreement
April 26, 2022
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With this said, Staff believes that the contracted maintenance crews of Endresen Development
are critical to ensure high quality work standards, continuity of services, and a larger cross section
of skills and experience levels that are unattainable by current in-house services.
Discussion
Endresen Development provides maintenance services and capabilities tailored to Launch Pointe’s
precise needs to help prevent unnecessary maintenance issues, enhance guest experiences, and
respond to the demands of the facility on a 24/7 basis. They have demonstrated an ability to
perform the work at or above the expected standard, represent a professional bearing, cover a
wide variety of maintenance and service skills, and display pride and ownership in all areas of the
operation.
Accordingly, City staff recommends that the City Council approve Maintenance and Service
Agreement with Endresen Development for Launch Pointe.
Fiscal Impact
The funding for maintenance is included in Launch Pointe’s annual operating budget.
Exhibits
A – Agreement
B – Endresen Proposal
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AGREEMENT FOR CONTRACTOR MAINTENANCE AND SERVICE
ENDRESEN DEVELOPMENT INC
GENERAL CONTRACTOR SERVICES
This Agreement for Contractor Maintenance and Services (the “Agreement”) is made and entered
into as of January 22, 2022 by and between the City of Lake Elsinore, a municipal corporation (the
“City”) and ENDRESEN Development, Inc ., Licensed General Contractor and Corporation (the
“Contractor”).
RECITALS
A. The City has determined that it requires on-call general contractor services as presented
in the attachment the Exhibit ‘A’ contractor proposal:
B. The City has prepared a request for a proposals and Contractor has submitted to City
a proposal, dated January 22, 2022, both of which are attached hereto as Exhibit A (collectively, the
"Contractor's Proposal") and incorporated herein, to provide services and related work to the City
pursuant to the terms of this Agreement.
C. Contractor possesses the skill , experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms and
conditions Agreement.
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 the Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services and related work described
in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the
time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction
of the City through its staff that it may provide from time to time . Contractor acknowledges that the
Scope of Services provides for 24 hour -a-day, 7 day-a-week, on-call and construction support on a
recurring and as needed basis at Launch Pointe Recreation Destination & RV Park.
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 contemplate d pursuant to this Agreement consistent with Contractor 's
Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools ,
expendable equipment, and all taxes, utility and transportation services required to perform such the
services and related work.
b. Performance Schedule. Contractor shall commence the services and related
work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services and related work within the time period(s) established in the Contractor's Proposal (Exhibit
A). When requested by Contractor , extensions to the time period(s) specified may be approved in
writing by the City Manager.
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c. Term and Compliance with Task/Work Order System. Unless earlier
terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and
effect for a period commencing on January 22, 2022 and ending June 30, 2023. The City may, at its
sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed 3 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, s uch notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services
performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by
the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work
or services as all work or services shall be authorized through a Task/Work Order issued by the City.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with
the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated
herein by reference . In no event shall Contractor's annual compensation exceed Five Hundred
Thousand Dollars and No Cents ($500,000.00) without additional written authorization from the City .
Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set
forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment
by City under this Agreement shall not be deemed a waiver of defects, even if such defects were
known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such services
and related work were performed . Contractor's bills shall be segregated by project task, if applicable,
such that the City receives a separate accounting for work done on each individual task for which
Contractor provides services. Contractor's bills shall include a brief description of t he services
performed, the date the services were performed, the number of hours spent and by whom, and a
description of any reimbursable expenditures. City shall pay Contractor no later than forty -five (45)
days after receipt of the monthly invoice by City staff.
5. Background Checks . At any time during the term of this Agreement, the City reserves
the right to make an independent investigation into the background of Contractor’s personnel who perform
work required by this Agreement, including but not limited to their references, character, address history,
past employment, education, social security number validation, and criminal or police records, for the
purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service
or pose a risk to the safety of persons or property in and around the vicinity of where the services will be
rendered or City Hall. If the City makes a reasonable determination that any of Contractor’s prospective
or then current personnel is deemed objectionable, then the City may notify Contractor of the same.
Contractor shall not use that personnel to perform work required by this Agreement, and if necessary,
shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work
under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a
portion of this Agreement, such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
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Section, the Contractor will submit an invoice t o the City, pursuant to Section entitled "Method of
Payment" herein.
7. Plans, Reports, Documents
a. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the course
of implementing this Agreement, except working notepad internal documents, shall become the
property of the City upon payment to Contractor for such work , and the City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or to any other
party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents
and other writings to City upon written request. City shall have sole determination of the public’s
rights to documents under the Public Records Act, and any third-party requests of Contractor shall
be immediately referred to City, without any other actions by Contractor.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights ,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible m edium 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 req uire 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 lice nse any and all Documents & Data. Contractor makes no such
representation and warranty in regard to Documents & Data, which were prepared by design
professionals other than Contractor or provided, to Contractor by the City. City shall not be limited in any
way in its use of the Documents & Data at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City's sole risk.
c. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Contractor in connection with the performance of
this Agreement shall be held confidential by Contractor . Contractor shall not, without the prior written
consent of City, use such materials for any purposes other than the performance of the services
under this Agreement. Nor shall such materials be disclosed to any person or entity not connected
with the performance of the services under this Agreement. Nothing furnished to Contractor, which
is otherwise known to Contractor or is generally known, or has become known , to the related industry
shall be deemed confidential. Contractor shall not use City 's name or insignia, photographs relating
to project for which Contractor's services are rendered , or any publicity pertaining to the Contractor's
services under this Agreement in any magazine, trade paper, newspaper, television or radio
production or other similar medium without the prior written consent of City.
8. Contractor's Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3) years,
or for any longer period required by law , from the date of final payment to Contractor to this
Agreement.
b. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer period
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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 repr esentative
of these officers. Copies of such documents shall be provided to the City for inspection at City Hall
when it is practical to do so . Otherwise, unless an alternative is mutually agreed upon, the records
shall be available at Contractor's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may,
by written request by any of the above-named officers, require that custody of the records be given
to the City and that the records and documents be maintained in City Hall. Access to such records
and documents shall be granted to any party authorized by Contractor, Contractor's representatives,
or Contractor's successor-in-interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent
contractor pursuant to California Labor Code Section 3353. The personnel performing the servi ces
under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive
direction and control. Neither City nor any of its officers, employees, or agents shall have control
over the conduct of Contractor or any of Contractor’s o fficers, employees, or agents, except as set
forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of
its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever
against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby agree
to waive any claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any
contribution to be paid by City for employer contribution and/or employee contributions for PERS
benefits.
10. PERS Eligibility Indemnification . In the event that Contractor or any employee, agent,
or subcontractor of Contractor providing services under this Agreement claims or is determined by
a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to
be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend,
and hold harmless City for the payment of any employee and/or employer contributions for PERS
benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the
responsibility of City.
11. Interests of Contractor. Contractor (including principals, associates and management
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement
or any other source of income, interest in real property or investment which would be affected in any
manner or degree by the performance of Contractor's services hereunder. Contractor further
covenants and represents that in the performance of its duties hereunder no person having any such
interest shall perform any services under this Agreement.
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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 cont rol 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 service s under this Agreement. All
work performed by Contractor under this Agreement shall be in accordance with applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of competent
contractors in Contractor's field of expertise.
13. Compliance with Laws .
a. Contractor shall comply with all local, state and federal laws and regulations
applicable to the services required hereunder, including any rule, regulation or bylaw governing the
conduct or performance of Contractor and/or its employees, officers, or board members.
b. Contractor represents that it has obtained and will maintain at all times during
the term of this Agreement all professional and/or business licenses, certifications and/or permits
necessary for performing the services described in this Agreement, including a City business license.
14. Licenses. Contractor represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor
to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole
cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses,
permits, insurance and approvals which are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Lake Elsinore business license .
15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury,
loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance,
to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of
Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly
liable, or by the quality or character of their work . The foregoing obligation of Contractor shall not
apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole
negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2)
the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the
injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor
to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the
California Civil Code. Acceptance by City of insurance certificates and endorsements required under
this Agreement does not relieve Contractor from liability under this indemnification and hold
harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims
for damages whether or not such insurance policies shall have been determined to apply . By
execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section
and that it is a material element of consideration.
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16. Insurance Requirements .
a. Insurance. Contractor, at Contractor's own cost and expense, shall procure
and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following
insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with
the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly
maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation
or non-renewal of all Workers' Compensation policies must be received by the City at least thirty
(30) days prior to such change . The insurer shall agree to waive all rights of subrogation against
City, its officers, agents, employees and volunteers for losses arising from work performed by
Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance
and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of
California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation
Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence
for bodily injury, personal injury and property damage . If a commercial general liability insurance
form or other form with a general aggregate limit is used, either the general aggregate limit shall
apply separately to the work to be performed under this Agreement or the general aggregate limit
shall be at least twice the required occurrence limit. Required commercial general liability coverage
shall be at least as broad as Insurance Services Office Commercial General Liability occurrence
form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404 covering
Broad Form Comprehensive General Liability. No endorsement may be attached limiting the
coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the Contractor
arising out of or in connection with the work to be performed under this Agreement, including
coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars
($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at
least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed . 12/90) Code 1
("any auto"). No endorsement may be attached limiting the coverage.
b. Endorsements. Each general liability and automobile liability insurance policy
shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the
following specific language :
i. Notwithstanding any inconsistent statement in any required insurance
policies or any subsequent endorsements attached thereto, the protection offered by all policies, except
for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its
officers, employees, servants, volunteers and agents and independent contractors, including without
limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall
be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits
to coverages.
ii. This policy shall be considered primary insurance as respects the City ,
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its elected or appointed officers, officials, employees, agents and volunteers . Any insurance
maintained by the City, including any self-insured retention the City may hav e, 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 communic ated within 48 hours
from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Endresen Development, Inc.
Attn: Josh Endresen
15301 Alvarado Street
Lake Elsinore, CA 92530
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18. Assignment and Subcontracting. The parties recognize that a substantial inducement
to City for entering into this Agreement is the reputation, experience and competence of Contractor.
Contractor shall be fully responsible to City for all acts or omissions of any subcontractors .
Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be
permitted only with the express consent of the City. Contractor shall not subcontract any portion of
the work to be performed under this Agreement without the written authorization of the City . If City
consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions
of those subcontractors. Nothing in this Agreement shall create any contractual relationship between
City and any subcontractor nor shall it create any obligation on the part of the Ci ty to pay or to see
to the payment of any monies due to any such subcontractor other than as otherwise is required by
law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the sa me or any other provision under this Agreement.
20. Litigation Expenses and Attorneys' Fees . If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys' fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable
to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS
shall provide the parties with the names of five qualified mediators . Each party shall have the option
to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall
hear the dispute. If the dispute remains unresolved after mediation, either party may commence
litigation.
22. Prohibited Interests . Contractor maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Contractor, to
solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed
to pay any company or person, other than a bona fide employee working solely for Contractor, any
fee, commission, percentage, brokerage fee, gift or other consideration continge nt upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall have
the right to rescind this Agreement without liability. For the term of this Agreement, no member,
officer or employee of City, during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code
Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section
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 (includi ng, 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 u nder California law, and Contractor hereby agrees to defend,
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indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and
harmless from any claim or liability arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed
by the laws of the State of California and any action brought relating to this Agreement shall be held
exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that
the individuals who have signed this Agreement have the legal power, right, and authority to make
this Agreement and to bind each respective party. The City Manager is authorized to enter into an
amendment or otherwise take action on behalf of the City to make the following modifications to the
Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope
of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts , each of
which shall constitute one and the same instrument and shall become binding upon the parties when
at least one copy hereof shall have been signed by both parties hereto . In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written, are
superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal
is incorporated only for the description of the scope of services and/or the schedule of performance and
no other terms and conditions from such proposal shall apply to this Agreement unless specifically
agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained
in the Contractor’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date
first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Endresen Development, Inc., a Corporation
Page 10
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Director of Administrative Services
By: Josh Endresen
Its: Click or tap here to enter text.
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
City of Lake Elsinore
Beau Davis:
I would like to take this opportunity to introduce to you, Endresen Development, INC. We are a General
Construction company located in Lake Elsinore, California. Our Company’s experience includes new
construction, minor and major renovations to existing buildings, commercial construction, including tenant
improvements. Our goal is to provide you with the best quality construction and customer service while
completing the project on time and under budget.
Endresen Development, INC has over forty years of building experience with Josh, as a General Contactor and
Jim as a General Contractor and consultant. Both come from a customer service/ residential building
background and pride themselves in making sure that the job is of the highest quality and the customer is
completely satisfied. Jessica, CFO and accountant ensures the accounting and monetary aspect of the project
comes in on target. No company provides the quality and service of Endresen Development, INC on projects
of any size.
Endresen Development, INC is a full‐service construction company that has experience in all forms of
construction. We offer 24 hour/ 7 days a week emergency services. If needed, we can provide, before,
during, and after photos of projects. No job is too small or large. We are fully licensed, bonded, and insured.
I have enclosed for your reference, just a few of our clients that we have made completely satisfied in the
past, as well as clients that we continue to do business with.
If you would like any additional information on our company, Endresen Development, LLC, please feel free to
contact us. We look forward to working with you in the near future.
Thank you
Josh Endresen
Endresen Development, LLC
License # 922677
Office‐ 951‐678‐1977/ Cell‐ 951‐757‐5695
EndresenDevelopment@gmail.com
Endresen Development, INC 15301 Alvarado Street Lake Elsinore, CA 92530
Endresen Development, INC 15301 Alvarado Street Lake Elsinore, CA 92530
Endresen Development, INC is a family owned small company located in Lake Elsinore, California. Josh is a
General Contractor with a B construction license. He has been in construction for over 20 years. Josh is a
finish carpenter by trade with an eye for detail. Endresen Development, INC. recently expanded and has 3
employees in the field that work alongside him. All our employees come from a construction background and
have experience in various areas. We also have an accountant/ bookkeeper who keeps the office and
financials in order.
Josh has had his General Contractors, B license since 2009‐ License # 922677. We carry liability insurance,
workers Compensation Insurance, and are fully bonded. We are proud to say we have not been involved in
any legal issues/ lawsuits and have never had a worker’s compensation claim. Endresen Development, LLC
always complies with all existing State and Federal laws. We also comply with all OSHA and Cal OSHA
standards and requirements.
Endresen Development, INC works with several subcontractors that have similar qualifications and work ethic.
We ensure that our sub‐contracts also abide by necessary State and Federal laws and all OSHA and Cal OSHA
standards and requirements.
This following is a list of the sub‐contractors that we currently work with:
* Advanced Heating and Air (HVAC) Temecula, CA
* JARCO Roofing (Roofing) Perris, CA
* Pursuit Electric (Electric) Lake Elsinore, Ca
* Wildomar Plumbing and Drain (Plumbing) Wildomar, CA
Endresen Development, INC is an on‐call contractor for several Commercial Management Companies and
Investment Companies, including the following:
SR Commercial‐ Sabrina McChesney
o Lake Elsinore Central Marketplace
City Com Commercial Property Management
City of Lake Elsinore
Val Verde School District
Lake Elsinore Unified School District
LAUNCH POINTE MAINTENANCE AND SERVICE
PROPOSAL
PRESENTED BY:
ENDRESEN DEVELOPMENT INC.
January 22,2022
ENDRESEN DEVELOPMENT
15301 Alvarado St.
Lake Elsinore, CA 92530
951-757-5695
endresendevelopment@gmail.com
ADDRESS
Launch Pointe
130 S. Main Street
Lake Elsinore, CA 92530
SHIP TO
Launch Pointe
32040 Riverside dr.
Lake Elsinore, CA 92530
ESTIMATE 1246
DATE 1/22/2022
ACTIVITY AMOUNT
LAUNCH POINTE MAINTENANCE CONTRACT
Launch Pointe Maintenance Breakdown-
Staff will be well qualified and professional to achieve the desired
luxury resort atmosphere. Please find the attached detailed
breakdown and summary of Maintenance and Upkeep of the
Resort.
Staffing Cost -
Maintenance personnel (4)
Maintenance / Repair Lead (1)
Maintenance / Repair Supervisor (1)
Josh Endresen
40hrs. per week
Administration, insurances, training and onsite management
200,000.00
60,000.00
80,000.00
100,000.00
60,000.00
TOTAL $500,000.QQ
Accepted By Accepted Date
AS NEEDED MONTH TOTAL HOURS
and walk building
Change filters (HV
AS NEEDED DAY MONTH YEAR TOTAL HOURS
Clean interiors 36 432
Clean exteriors 36 432
Change filters 1.5 18
Check each unit for repairs 1,36s
Wash down decks 18 2L6
Seal paver patio and fire place 5
Start evening fires 0.2s 91.2s
Wash down paver patio 0.5 r82.5
Empty trash 0.25 9t.25 1833
Empty trash o.25 9t.25
Clean interior 0.5 182.5
Wash windows 2 24
Change filters 0.5 6 303.75
Clean and wash down 48 576
Restock- soap, paper products 2 730
Empty trash I 365 1671,
Service & repair electrical *
Service & repair plumbing *
Walk and inspect o.75 273.75
Empty trash 0.25 9L.25
Clean equipment 0.5 182.5 574.5
YINTAGE TRALERS
DRIVE UP BUILDING
RESTROOMS
PLAYGROUND
AS NEEDED MONTH TOTAL HOURS
Walk and in
rvice & emptv skimmer basket
Pick up trash
Service & repair power outlets
Service & repair water hoohup & shut off
Repair & replace irrigation
Clear drains
Storm Maintenance / cleanu
AS NEEDED TOTAL HOURS
Check & maintain lubrication and fluid levels
Flush lines with water
oil/ fuel spill cleanup
Lake cleanup
Special events
Holiday weekends
--- - - -- - -------------------ADDITIONAL SERVICES
Window repair/ glazing
Electrical
Plumbing
Carpentry
Pool service
Tree service/ Arborist
Sewer pumping
HVAC
Roofing
AS NEEDED
*
*
*
70hr
70hr
60hr
60hr
$200.00 month *
*
70hr
60hr