HomeMy WebLinkAboutItem No. 24 - Amendment No. 1 to Agreements for Minor Construction and Maintenance Operations24)Amendment No. 1 to Agreements for Minor Construction and Maintenance
Operations
Approve and authorize the City Manager to execute Amendment No. 1 to the Agreements
with Endresen Development, Inc. in an amount not to exceed $250,000, Cotter
Construction, Inc. in an amount not to exceed $250,000, B&B Nurseries, Inc. (dba
Landscape Center) in an amount not to exceed $75,000, and Pursuit Electric in an amount
not to exceed $75,000 in such final form as approved by the City Attorney.
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REPORT TO CITY COUNCIL
To:Honorable Chair and Members of the Successor Agency
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:January 9, 2024
Subject:Amendment No. 1 to Agreements for Minor Construction and Maintenance
Operations
Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Agreements with
Endresen Development, Inc. in an amount not to exceed $250,000, Cotter Construction, Inc. in
an amount not to exceed $250,000, B&B Nurseries, Inc. (dba Landscape Center) in an amount
not to exceed $75,000, and Pursuit Electric in an amount not to exceed $75,000 in such final form
as approved by the City Attorney.
Background
On-call contracts allow the City to mobilize maintenance and construction services quickly and
efficiently under pre-negotiated terms and conditions. The City may require services due to an
urgent matter or because the City is unable to provide or perform those services internally. For a
City who needs to engage a general or specific maintenance or construction service, the benefits
of having an on-call contract in place include:
Wide span of technical expertise
Resource availability and flexibility
Commitments as needed for services
Accelerated procurement and authorization
Independent and objective assessments and proposals
Validation of resolution-oriented actions
Minor Construction Amendments
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The on-call and minor construction services in Lake Elsinore are essential to maintaining city
amenities and efficiently constructing low-cost minor projects. Staff solicited proposals for time
and material of minor construction contractor services. Utilizing the submittals from these
contractors’ additional agreements are needed to sustain these critical services. All of these have
provided essential contractor services per the agreement scope of work, which includes but is not
limited to the below maintenance/minor construction and repair trade areas commonly utilized by
the City and listed below:
Minor Construction and Repair Carpentry (Framing)
Plumbing Electrical
Concrete Masonry
HVAC Painting
Roofing Dry Wall
Finish Wood Working Welding
Sheet Metal Flooring
Demolition & Disposal Data & Communication
Discussion
These on-call contractors will perform various on-call repairs and minor construction work. All
assigned work will be proposed in writing, reviewed, negotiated by Staff, and approved before
execution. Several of these contractors have performed as both contractors and sub-contractors
on several large City and Agency projects at the Diamond Stadium, Rosetta Canyon Sports Park,
Launch Pointe RV Resort, City Hall, The Neighborhood Community Center, Camino Del Norte,
Anchor, and various other City projects.
These amendments are needed to ensure continued on-call and minor construction contractor
support for immediate operational demands and minor construction projects. Considering the
projected wet winter storm year, the anticipated emergency on-call services are high. The
sustainment of these essential general requirements provides City-wide far-reaching minor
construction, rehabilitation, and immediate maintenance augmentation of construction and repair
services.
Fiscal Impact
Funds are included in the Fiscal Year 2023-24 budget.
Minor Construction Amendments
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Attachments
Attachment 1 - Endresen Development, Inc. Amendment No. 1
Exhibit A - Proposal
Attachment 2 – Endresen Development, Inc. Original Agreement
Attachment 3 - Cotter Construction, Inc. Amendment No. 1
Exhibit A - Proposal
Attachment 4 – Cotter Construction, Inc. Original Agreement
Attachment 5 - B&B Nurseries Inc. (dba Landscape Center) Amendment No. 1
Exhibit A - Proposal
Attachment 6 – B&B Nurseries Inc. (dba Landscape Center) Original Agreement
Attachment 7 - Pursuit Electric Amendment No. 1
Exhibit A – Proposal
Attachment 8 - Pursuit Electric Original Agreement
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AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTOR SERVICES
Endresen Development Inc.
ON-CALL SERVICES
This Amendment No. 1 to Agreement for On-Call Services is made and entered into as of
1/9/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and
Endresen Development Inc., a (“Contractor”).
RECITALS
A. The City and Contractor have entered into that certain Agreement for on call services
dated as of 1/24/2023, (the “Original Agreement”). Except as otherwise defined herein, all
capitalized terms used herein shall have the meanings set forth for such terms in the Original
Agreement.
B. The Original Agreement provided for compensation to Contractor in an amount of
three hundred and fifty thousand dollars and no cents ($350,000.00).
C. The Original Agreement had a term of one year with three one-year renewal
options, commencing on 1/24/2023 and ending on 6/30/2024.
D. The parties now desire to amend the agreement and increase the payment for such
services as set forth in this Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Contractor agree as follows:
1. Section 3, Compensation, of the Original Agreement is hereby amended to read in
its entirety as follows:
Notwithstanding the foregoing, for purposes of Amendment No. 1 and the
term thereof, compensation to be paid to Contractor shall be in accordance
with the Schedule of Charges set forth in Contractor’s Proposal
(referenced collectively as Exhibit A-1 Amendment No. 1). In no event
shall Contractor’s compensation related to Exhibit A-1 to Amendment No.
1 exceed two hundred fifty thousand dollars and no cents ($250,000.00)
without additional written authorization from the City Council. Annual
compensation during each renewal term, if any, shall not exceed six
hundred thousand Dollars ($600,000.00).
Notwithstanding any provision of Contractor’s Proposal to the contrary, out
of pocket expenses set forth in Exhibit A-1 respectively, shall be
reimbursed at cost without an inflator or administrative charge. Payment
by City under this Agreement shall not be deemed a waiver of defects,
even if such defects were known to the City at the time of payment.
2. Except for the changes specifically set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed
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on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Endresen Development Inc.
City Manager
Date:
Josh Endresen, Owner
Date: __
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A-1 – Contractor’s Proposal
EXHIBIT A-1
CONTRACTOR’S PROPOSAL
[ATTACHED]
ENDRESEN DEVELOPMENT INC.
Attachment “A-1”
Cost Proposal Sheet – General Maintenance Services
Please provide the fee quotes as follows (Include a schedule of rates by classification hourly
rates):
In the column labeled “Bidder Notes” mark each maintenance area beginning with 1 to 11
(1=most preferred area, 11= least preferred area). Please attach additional pages if
necessary.
GENERAL MAINTENANCE SERVICES WAGE RATES
Constructi
on &
Maintenan
ce Area
*Normal Business
Hours Rate
**Emergency and
After Hours Rate
Unit of
Meas
ure
(Hourl
y,
½ Hour
Etc…)
Subcontrac
tor Services
Yes / No
Bidder Notes
( Attached if Needed)
Non-Pre
vai ling
Wage
Rate
Prevailing
Wage Rate
Non-Pre
vai ling
Wage
Rate
Prevaili
ng
Wage
Rate
Carpe
ntry
65.00 86.00 75.00 127.00 Hourly No 1
Finish Wood
Working
65.00 86.00 75.00 127.00 Hourly No 3
Plumbing 70.00 93.00 85.00 130.50 Hourly No 7
Electrical 101.00 129.00 135.00 160.00 Hourly No 4
Concrete
and
Masonry
70.00 96.00 85.00 137.50 Hourly No 2
HVAC 70.00 96.00 85.00 137.50 Hourly No 10
Painting 50.00 85.00 75.00 124.00 Hourly No 6
Sheet Metal 70.00 93.00 85.00 135.50 Hourly Yes 9
Dry Wall 60.00 86.00 80.00 133.00 Hourly No 5
Roofing 67.00 91.00 8000 131.00 Hourly Yes 11
Irrigation
Repair
50.00 80.00 70.00 127.00 Hourly No 8
Material Markup: _____20_______ % (percent)
*Normal Business Hours: 7:30 a.m. to 5:30 p.m. (Monday – Friday)
**Emergency and After Hours Service: 5:30 p.m. to 7:30 a.m. (Weekends and Holidays)
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AGREEMENT FOR CONTRACTOR SERVICES
Endresen Development Inc.
ON-CALL SERVICES
This Agreement for Contractor Services (On -Call) (the "Agreement") is made and entered into as of
January 24, 2023 by and between the City of Lake Elsinore, a municipal corporation (the "City") and
Endresen Development Inc., a Licensed General Contractor (the "Contractor").
RECITALS
A. The City has determined that it requires the following services:
On-call minor construction and repair services
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal,
dated August 8, 2022, both of which are attached hereto as Exhibit A (collectively, the "Contractor's
Proposal") and incorporated herein, to provide services and related work to the City pursuant to the
terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms and
conditions Agreement.
AGREEMENT
I . Scope of Services. Contractor shall perform the services and related work described
in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the
time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction
of the City through its staff that it may provide from time to time. Contractor acknowledges that the
Scope of Services provides for 24 hour -a -day, 7 day -a -week, on-call and minor construction support
on an as needed basis.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the services and related work to be performed by Contractor
is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the
services and related work contemplated pursuant to this Agreement consistent with Contractor's
Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools,
expendable equipment, and all taxes, utility and transportation services required to perform such the
services and related work.
b. Performance Schedule. Contractor shall commence the services and related
work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services and related work within the time period(s) established in the Contractor's Proposal (Exhibit
A). When requested by Contractor, extensions to the time period(s) specified may be approved in
writing by the City Manager.
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C. Term and Compliance with TaskfVVork Order System. Unless earlier
terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and
effect for a period commencing on January 24, 2023 and ending June 30, 2023. The City may, at its
sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed 2 additional
twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty
30) days before the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services
performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by
the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work
or services as all work or services shall be authorized through a Task/Work Order issued by the City.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with
the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated
herein by reference. In no event shall Contractor's annual compensation exceed for three hundred
fifty thousand dollars and no cents ($350,000.00) without additional written authorization from the
City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses
set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment
by City under this Agreement shall not be deemed a waiver of defects, even if such defects were
known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such services
and related work were performed. Contractor's bills shall be segregated by project task, if applicable,
such that the City receives a separate accounting for work done on each individual task for which
Contractor provides services. Contractor's bills shall include a brief description of the services
performed, the date the services were performed, the number of hours spent and by whom, and a
description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45)
days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City reserves
the right to make an independent investigation into the background of Contractor's personnel who perform
work required by this Agreement, including but not limited to their references, character, address history,
past employment, education, social security number validation, and criminal or police records, for the
purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service
or pose a risk to the safety of persons or property in and around the vicinity of where the services will be
rendered or City Hall. If the City makes a reasonable determination that any of Contractor's prospective
or then current personnel is deemed objectionable, then the City may notify Contractor of the same.
Contractor shall not use that personnel to perform work required by this Agreement, and if necessary,
shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (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 to the City, pursuant to Section entitled "Method of
Payment" herein.
7. Plans, Reports. Documents
a. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the course
of implementing this Agreement, except working notepad internal documents, shall become the
property of the City upon payment to Contractor for such work, and the City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or to any other
party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents
and other writings to City upon written request. City shall have sole determination of the public's
rights to documents under the Public Records Act, and any third -party requests of Contractor shall
be immediately referred to City, without any other actions by Contractor.
b. Licensing of Intellectual Propertx. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of expression,
including but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Contractor under this
Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing
that City is granted a nonexclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor
has the legal right to license any and all Documents & Data. Contractor makes no such
representation and warranty in regard to Documents & Data, which were prepared by design
professionals otherthan Contractor or provided, to Contractor by the City. City shall not be limited in any
way in its use of the Documents & Data at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City's sole risk.
C. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Contractor in connection with the performance of
this Agreement shall be held confidential by Contractor. Contractor shall not, without the prior written
consent of City, use such materials for any purposes other than the performance of the services
under this Agreement. Nor shall such materials be disclosed to any person or entity not connected
with the performance of the services under this Agreement. Nothing furnished to Contractor, which
is otherwise known to Contractor or is generally known, or has become known, to the related industry
shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating
to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's
services under this Agreement in any magazine, trade paper, newspaper, television or radio
production or other similar medium without the prior written consent of City.
8. Contractor's Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor to this
Agreement.
b. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer period
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required by law, from the date of termination or completion of this Agreement.
G. Any records or documents required to be maintained pursuant to this
Agreement shall be made available far inspection or audit, at any time during regular business hours,
upon written request by the City Manager, City Attorney, City Auditor or a designated representative
of these officers. Copies of such documents shall be provided to the City for inspection at City Hall
when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records
shall be available at Contractor's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may,
by written request by any of the above-named officers, require that custody of the records be given
to the City and that the records and documents be maintained in City Hall. Access to such records
and documents shall be granted to any party authorized by Contractor, Contractor's representatives,
or Contractor's successor -in -interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent
contractor pursuant to California Labor Code Section 3353. The personnel performing the services
under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive
direction and control. Neither City nor any of its officers, employees, or agents shall have control
over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set
forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of
its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever
against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby agree
to waive any claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any
contribution to be paid by City for employer contribution and/or employee contributions for PERS
benefits.
19. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent,
or subcontractor of Contractor providing services under this Agreement claims or is determined by
a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to
be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend,
and hold harmless City for the payment of any employee and/or employer contributions for PERS
benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the
responsibility of City.
11. Interests of Contractor. Contractor (including principals, associates and management
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement
or any other source of income, interest in real property or investment which would be affected in any
manner or degree by the performance of Contractor's services hereunder. Contractor further
covenants and represents that in the performance of its duties hereunder no person having any such
interest shall perform any services under this Agreement.
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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 control and direction
of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)
12. Ability of Contractor. City has relied upon the training and ability of Contractor to
perform the services hereunder as a material inducement to enter into this Agreement. Contractor
shall therefore provide properly skilled personnel to perform all services under this Agreement. All
work performed by Contractor under this Agreement shall be in accordance with applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of competent
contractors in Contractor's field of expertise.
13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations
applicable to the services required hereunder, including any rule, regulation or bylaw governing the
conduct or performance of Contractor and/or its employees, officers, or board members.
b. Contractor represents that it has obtained and will maintain at all times during
the term of this Agreement all professional and/or business licenses, certifications and/or permits
necessary for performing the services described in this Agreement, including a City business license.
14. Licenses. Contractor represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor
to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole
cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses,
permits, insurance and approvals which are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Lake Elsinore business license.
15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury,
loss of life, or damage to property, or any violation of anyfederal, state, or municipal law orordinance,
to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of
Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly
liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not
apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole
negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2)
the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the
injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor
to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the
California Civil Code. Acceptance by City of insurance certificates and endorsements required under
this Agreement does not relieve Contractor from liability under this indemnification and hold
harmless clause. This indemnification and hold harmless clause shall applyto any damages orclaims
for damages whether or not such insurance policies shall have been determined to apply. By
execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section
and that it is a material element of consideration.
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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 Insuranee and Employer's Liability Insurance for his/he r employees in accordance with
the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly
maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation
or non -renewal of all Workers' Compensation policies must be received by the City at least thirty
30) days prior to such change. The insurer shall agree to waive all rights of subrogation against
City, its officers, agents, employees and volunteers for losses arising from work performed by
Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance
and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of
California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation
Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence
for bodily injury, personal injury and property damage. If a commercial general liability insurance
form or other form with a general aggregate limit is used, either the general aggregate limit shall
apply separately to the work to be performed under this Agreement or the general aggregate limit
shall be at least twice the required occurrence limit. Required commercial general liability coverage
shall be at least as broad as Insurance Services Office Commercial General Liability occurrence
form CG 0001 (ed. 11188) or Insurance Services Office form number GL 0002 (ed. 1173) covering
comprehensive General Liability and Insurance Services Office form number GL 0404 covering
Broad Form Comprehensive General Liability. No endorsement may be attached limiting the
coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the Contractor
arising out of or in connection with the work to be performed under this Agreement, including
coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars
1,000,000} combined single limit for each occurrence. Automobile liability coverage must be at
least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1
any auto"). No endorsement may be attached limiting the coverage.
b. Endorsements. Each general liability and automobile liability insurance policy
shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the
following specific language:
i. Notwithstanding any inconsistent statement in any required insurance
policies or any subsequent endorsements attached thereto, the protection offered by all policies, except
for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its
officers, employees, servants, volunteers and agents and independent contractors, including without
limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall
be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits
to coverages.
This policy shall be considered primary insurance as respects the City,
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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 have, shall be considered
excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of liability of the
insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected
or appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or
volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been
received by the City.
c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City's option, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein. Certificates
of such insurance shall be filed with the City on or before commencement of performance of this
Agreement. Current certification of insurance shall be kept on file with the City at all times during the
term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and
either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the
other party at the address set forth below. Notice shall be deemed communicated within 48 hours
from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Enderesen Development Inc.
Attn: Josh Endresen
15301 Alvarado St
Lake Elsinore CA 92530
Page 7
DocuSign Envelope ID: 052A75D2-CE4A-4142-BFB4-47A93550EA02
18. Assignment and Subcontractina. The parties recognize that a substantial inducement
to City for entering into this Agreement is the reputation, experience and competence of Contractor.
Contractor shall be fully responsible to City for all acts or omissions of any subcontractors.
Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be
permitted only with the express consent of the City. Contractor shall not subcontract any portion of
the work to be performed under this Agreement without the written authorization of the City. If City
consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions
of those subcontractors. Nothing in this Agreement shall create any contractual relationship between
City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see
to the payment of any monies due to any such subcontractor other than as otherwise is required by
law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys' fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable
to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS
shall provide the parties with the names of five qualified mediators. Each party shall have the option
to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall
hear the dispute. If the dispute remains unresolved after mediation, either party may commence
litigation.
22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Contractor, to
solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed
to pay any company or person, other than a bona fide employee working solely for Contractor, any
fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall have
the right to rescind this Agreement without liability. For the term of this Agreement, no member,
officer or employee of City, during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code
Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section
15000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and
the performance of other requirements on "public works" and "maintenance" projects. Contractor
agrees to fully comply with all applicable federal and state labor laws (including, without limitation,
if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work
or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-
payment of prevailing wages under California law, and Contractor hereby agrees to defend,
Page 8
DocuSign Envelope ID: 052A75D2-CE4A-4142-BFB4-47A93550EA02
indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and
harmless from any claim or liability arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force andeffect.
2$. Controlling Law Venue. This Agreement and all matters relating to it shall be governed
by the laws of the State of California and any action brought relating to this Agreement shall be held
exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that
the individuals who have signed this Agreement have the legal power, right, and authority to make
this Agreement and to bind each respective party. The City Manager is authorized to enter into an
amendment or otherwise take action on behalf of the City to make the following modifications to the
Agreement: (a) a name change; (b) grant extensions of time; (c) non -monetary changes in the scope
of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties when
at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement: Incorporation: Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written, are
superseded in total by this Agreement and shall be of no further force or effect. Contractor's Proposal
is incorporated only for the description of the scope of services and/or the schedule of performance and
no other terms and conditions from such proposal shall apply to this Agreement unless specifically
agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained
in the Contractor's Proposal.
30. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date
first written above.
CITY OF LAKE ELSINORE, a municipal
corporation
DOCU igned by:
asaw S I.MPW
f11101011:7:[oio]_k4
Endresen Development Inc., a Click or tap here
to enter text.
Page 9
Dxu3igned 6y:
C
DocuSign Envelope ID: 052A75D2-CE4A-4142-BFB4-47A93550EA02
City Manager
ATTEST:
L
Signed by:
City Clerk
APPROVED AS TO FORM:
DocuSigned by:
City ttarney
Doc uSigned by:
Sew
Assistant City Manager
Attachments: Exhibit A — Contractor's Proposal
By: Josh Endresen
Its: Owner
Page 10
DocuSign Envelope ID: 052A75D2-CE4A-4142-BFB4-47A93550EA02
EXHIBIT A
CONTRACTOR'S PROPOSAL
ATTACHED]
EXHIBIT A
DocuSign Envelope ID: 052A75D2-CE4A-4142-BFB4-47A93550EA02
civv csciv
DEVELOPMENT
City of Lake Elsinore
To whom it may concern:
August 23, 2022
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, LLC 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, INC, please feel free to
contact us. We look forward to working with you in the near future.
Thank you
Josh Endresen
Endresen Development, INC
License # 922677
Office- 951-678-1977/ Cell- 951-757-5695
Endresen Development@gmail.com
Endresen Development, INC 15301 Alvarado Street Lake Elsinore, CA 92530
DocuSign Envelope ID: 052A75D2-CE4A-4142-BFB4-47A93550EA02
C5 scAv
DEVELOPMENT
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 hire. 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 # 922577. 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, INC
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
Canyon Hills Plumbing and Drain (Plumbing) Lake Elsinore, CA
Endresen Development, LC 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
Endresen Development, INC 15301 Alvarado Street Lake Elsinore, CA 92530
DocuSign Envelope ID: 052A75D2-CE4A-4142-BFB4-47A93550EA02
Attachment "A"
Cost Proposal Sheet — General Maintenance Services
Please provide the fee quotes as follows {Include a schedule of rates by classification hourly rates}:
In the column labeled "Bidder Notes" mark each maintenance area beginning with 1 to 11 (1 =most preferred
area, 11= least preferred area). Please attach additional pages if necessary.
GENERAL MAINTENANCE SERVICES WAGE RATES
ConstructionUnit
Normal Business Hours
Rate
Emergency and After
Hours Rate of
Measure
Subcontractor
Services
Bidder Notes
Maintenance Non- Non- Hourly, y, Yes ! No
Attached if Needed)
Area Prevailing Prevailing Prevailing Prevailing Hour
Wage Rate Wa a Rate Wage Rate Wage Rate Etc....
Carpent 3°= 76 Zy 1/ 214- NO
Finishwood
b 8 3
p 750"
t ZL LO—
ZK Nd 3
Plumbing 5 60 S Ba = 136 5° 11L fill- no
Electrical 9.5 A 011
1ODI
l th aa- Iss L4
Concrete and
Mason 65 `- 13-7 et' 1E° I Z !-lttr ryo 2
HVAC two 12 lie r ID
Painting W50 75 bO 114 141L 1 4
Sheet Metal b:s a^ f3-7 ae 8 13o'Se lt! #4i'Z
Dry Wall Z- m- J`7- -,
41 t2. t-AitZ N6
Roofing jam s j 7,5 1 7- L4t I Z,4 t— las
Irrigation
Repair 0 75 Or{e Z? 4 kiL Sr iJ
Material Markup: 20 % (percent)
Normal Business Hours: 7:30 a.m. to 5:30 p.m. (Monday — Friday)
Emergency and After Hours Service: 5:30 p.m. to 7:30 a.m. (Weekends and Holidays)
Page 7
DocuSign Envelope ID: 052A75D2-CE4A-4142-BFB4-47A93550EA02
ACQRD® CERTIFICATE OF LIABILITY INSURANCE DATE IM MID DIYYYYI
1011 2J2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Customer Service TeamNAME:
A1C No E10: (888) 745-0002 FVC Ne _ (888) 834-0006PreferredAmericanInsurance
EMAIL
customerservice@preferredamerioan.com
ADDRESS: P.O. Bax 79498
IN SU RERIS) AFFORDING COVERAGE NAIC d
INSURER A: Preferred Contractors insurance Company 12497CoronaCA92877
INSURED INSURER B:
INSURER C: Endresen Development, Inc-
INSURER D: 15301 Alvarado St-
INSURER E
INSURER F:
Lake Elsinore CA 92530
COVERAGES CERTIFICATE NUMBER: 22-23 Certs REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE INSD VIVD POLICY NUMBER
POLICY EFF
MM1DD
POLICY EXP
MMIDDIYYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS -MADE OCCUR
DAMAGE TO RENTFIT_
PREMISES Ea occurrence $ 50,000
MED EXP (Any one person) $ 5,000
PERSONAL&ADV INJURY S 1,000,000AYPC44311510/26/2022 10/26/2023
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2.000,000
POLICY
PRO-
LOC PRODUCTS - COMPIOP AGG $ 1,000,000
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea aocident)
BODILY INJURY (Per person) $ ANYAUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
Per acadenl
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
S
UMBRELLALIAB OCCUR EACH OCCURRENCE S
AGGREGATE $ EXCESS LIAB CLAIMS -MADE
DED I I RETENTIONS r $
WORKERS COMPENSATION PER
EMPLOYERS' LIABILITY Y I N
EORSTATUTEER
ANY PROPRIETOR1PARTNERIEXECUTIVE E.L. EACH ACCIDENT 5
OFFiCERIMEMSER EXCLUDED? NIA
E.L. DISEASE- EA EMPLOYEE $ Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT S
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached if mare space is required)
City of Lake Elsinore is named as Additional insured as required by written contract.
CERTIFICATE HOLDER CANCELLATION
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Lake Elsinore
ACCORDANCE WITH THE POLICY PROVISIONS.
130 South Main Street
AUTHORIZED REPRESENTATIVE
Lake Elsinore CA 92530__
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: 052A75D2-CE4A-4142-BFB4-47A93550EA02
Preferred Contractors Insurance Company. RRCs
THIS ENDORSEMENT CHANGES T1IE POLICY. PLEASE READ IT CAREFULLY.
PREFERRED CONTRACTORS INSURANCE COMPANY
RISK RETENTION GROUP, LLC
COMMERCIAL GENERAL LIABILITY POLICY
ADDITIONAL INSU RED•OWNERS, LESSEES OR CONTRACTORS
SCHEDULED PERSON OR ORGANIZATION ONGOING OPERATIONS ONLY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
Name of Additional Insured:
As required by a legally enforceable written agreement entered into prior to commencement of the Named
Insured's work.
Designated Project/Location to which this endorsement applies:
All Projects and Locations
If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
A. Section III - Who is An Insured is amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury" caused, in whale or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf
in tate performance of your ongoing operations performed during the policy period for the additional
insured(s) at the location(s) designated above.
B. This insurance does not apply to "bodily injury" or "property damage" that takes place after, and the
Additional Insured's status as an additional insured hereunder terminates, upon the earlier of:
1. All work, including materials, parts or equipment furnished by the Named Insured in connection
with such work, on tate project (other than service, maintenance or repairs) to be performed by or
on behalf of the additional insureds) at the location of the covered operations has been completed:
or
2. That portion of "your work" out of which the injury or damage arises has been put to its intended
use by any person or organization other than another contractor engaged in performing operations
for a principal as part of the same project.
Coverage for any additional insured is governed by the terms, conditions, and exclusions of this policy and all
endorsements, including the Insuring Agreement.
The coverage provided for any additional insured is only to the extent of and in the proportion the additional Insured
is held liable for the negligence or strict liabilitylconductlacts of the Named Insured_ No coverage is provided for
liability based upon the acts, errors or omissions of the Additional Insured.
Except as set forth above, all ofthe terms, conditions and exclusions of this policy apply and remain in effect.
Policy No.: PC443115
Date: 10/26/2022
Time: 12:01 a.m.
Preferred Contractors Insurance Company
Risk Retention Group, LLC
27 North 27th Street, Suite 1900
Billings, Mpya $9101
By'= !
ut}z£ zed Representative
PCIC AEE ONO 00 01 0318 Page 1 of 1
DocuSign Envelope ID: 052A75D2-CE4A-4142-BFB4-47A93550EA02
PACIFIC PROPERTY AND CASUALTY COMPANY
r rF
1949 E. SUNSHINE POLICY NUMBER THIS FAMILY AUTOMOBILE RENEWAL DECLARATION REPLACES
SPRINGFIELD, MISSOURI 65899-0001 044-00581-0-9 ALL PRIOR DECLARATIONS, IF ANY, AND WITH POLICY
417) 887.0220 POLICY TERM PROVISIONS AND ANY ENDORSEMENTS ISSUED TO FORM A PART
wwwAmericanNabonal.00m 10-16-2022 TO 04-16-2023 THEREOF COMPLETES THIS POLICY.
AND SUBSEQUENT RENEWALS.
NAMED INSURED AND ADDRESS
SMALL-ENDRESEN, JESSICA &
ENDRESEN, JOSHUA J
15301 ALVARADO ST
LAKE ELSINORE CA 92530-6963
AGENT: D5195 -P 1-RX7
RATING ADDRESS: BILLY MCDOUGALL FOR CUSTOMER SERVICE:
15301 ALVARADO ST 32174 CALA TORRENTE 951-302-9429
LAKE ELSINORE CA 92530-6963 TEMECULA CA 92592-3649
DESCRIPTION OF INSURED PROPERTY
RATED
VEH DR DESCRIPTION ID NUMBER TYPE
1 0 2004 CHE TAHOE LS 4D 4 1GNEK13T74R293500 AUTO
2 0 2016 RAM 5500 CREW CC 3C7WRMFL4GG363631 PICKUP
3 1 2014 AU Q7 4D QUATTRO WA1 WMAFE6ED018696 AUTO
4 2 2021 RAM 2500 CREW CAB 3C6UR5DL5MG515528 PICKUP
RATING INFORMATION, COVERAGES, PREMIUMS, AND LIMITS OF LIABILITY
INSURANCE IS PROVIDED ONLY WITH RESPECT TO TN OSE OF THE FOLLOMI NG COVERAGES WHICH ARE INDICATED BY A SPECIRC LIMIT OF UA&LITY ANMR PREMUM APPLICABLE THERETO.
VEHICLE 04 CHE TAHOE LS 4D 16 RAM 5500 CREW C 14 AUD Q7 4D QUATT 21 RAM 2500 CREW C
EXPIRING POLICY VERIFICATION VERIFIED VERIFIED VERIFIED VERIFIED
EXPIRING POLICY ANNUAL MILEAGE 2.157 13,836 29,987 15,337
CURRENT POLICY VERIFICATION VERIFIED VERIFIED VERIFIED VERIFIED
CURRENT POLICY ANNUAL MILEAGE 2.157 13,836 29,987 23,866
BODILY INJURY LIABILITY 88.00 126.00 136.00 411.00
LIMIT PER PERSONIOCCURRENCE 250.0001500.000 250.0001500.000 250.0001500.000 250.0001500.000
PROPERTY DAMAGE LIABILITY 80.00 91.00 100.00 320.00
LIMIT PER OCCURRENCE 100.000 100.000 100.000 100.000
UNINSURED & UNDERINSURED MOTORIST $44.00 63.00 56.00 103.00
LIMIT PER PERSONIACCIDENT 250.0001500.000 250.0001500.000 250.0001500.000 250.0001500.000
UNINSURED PROPERTY DAMAGE INCLUDED INCLUDED INCLUDED INCLUDED
LIMIT PER ACCIDENT 3,500 3,500 3,500 3,500
COMPREHENSIVE 24.00 99.00 79.00 105.00
DEDUCTIBLE 500 500 500 500
ADDED COVERAGE ENDORSEMENT NO NO NO NO
LIMIT OF CUSTOMIZED EQUIPMENT 2,000 9,999 2,000 2,000
COLLISION 50.00 371.00 256.00 394.00
DEDUCTIBLE 1.000 1.000 1.000 1.000
ADDED COVERAGE ENDORSEMENT NO NO NO NO
LIMIT OF CUSTOMIZED EQUIPMENT 2,000 9,999 2,000 2,000
REIMBURSEMENT OF RENTAL EXPENSE INCLUDED INCLUDED INCLUDED INCLUDED
LIMIT PER DAY/AGGREGATE 251750 251750 251750 251750
TOTAL 286.00' 750.00 627.00' 51.333.00
THIS PREMIUM REFLECTS A 30% CALIFORNIA GOOD DRIVER DISCOUNT.
IMPORTANT NOTICE: THIS POLICY REDUCES THE APPLICABLE LIMITS FOR BODILY INJURY LIABILITY, PROPERTY DAMAGE LIABILITY,
UNINSURED AND UNDERINSURED MOTORIST COVERAGES SHOWN ON THIS DECLARATIONS PAGE TO THE LEGALLY REQUIRED MINIMUM
FINANCIAL RESPONSIBILITY LIMITS IN THE STATE WHEN AN INSURED VEHICLE IS OPERATED BY ANYONE OTHER THAN YOU, OR A RELATIVE,
OR A PERSON LISTED ON THE DECLARATIONS AS AN OPERATOR.
VEHICLES ENDORSEMENTS TAXIFEE TOTAL PREMIUM
BILLY MCDOUGALL
TOTAL
AUTHORIZED REPRESENTATIVE
PREMIUMS $2.996.00 $0.00 $0.00 $2,996.00
DATE 09-09-2022 THIS IS NOT A BILL. SEE DECLARATION SECTION II FOR ADDITIONAL INFORMATION
PRINTED
SEE REVERSE SIDE FOR IMPORTANT INFORMATION
SM -484 [1-06]
DocuSign Envelope ID: 052A75D2-CE4A-4142-BFB4-47A93550EA02
IMPORTANT INFORMATION ON HOW TO REPORT A CLAIM
BUCKLE UP AND DRIVE DEFENSIVELY
One in five drivers will have an accident this year. We hope it is not you. However, if it happens,
remember to get the following information from the other driver:
1. Vehicle Owner's Name, Address, and Telephone Numbers
2. Make and Model of Vehicle
3. Car License Plate Number
4. Driver's Name (if other than owner), Address, and Telephone Numbers
5. Driver's License Number
5. Insurance Company Name and Policy Number
7. Owner's and Driver's Place of Employment
8. Promptly File State Safety Responsibility Forms
REMEMBER TO REPORT YOUR CLAIM TO PACIFIC IMMEDIATELY (TOLL FREE) 1-800-333-2860
R
DocuSign Envelope ID: 052A75D2-CE4A-4142-BFB4-47A93550EA02
04-V-0058LO-9 SMALL-ENDRESEN, JESSICA & 10-16-2022
DECLARATIONS, SECTION II PAGE 1 POLICY TERM: 10-16-2022 TO 04-16-2023
VEH. DR.# RATING INFORMATION
1 0 ANNUAL MILEAGE 15 LESS THAN 2.500. MILEAGE IS VERIFIED
2 0 ANNUAL MILEAGE IS 13.000 TO 13.999. MILEAGE IS VERIFIED
3 1 DRIVER HAS 28 YEARS DRIVING EXPERIENCE. ANNUAL MILEAGE IS 20.000 OR GREATER. MILEAGE 15 VERIFIED. WORK USE
10+ MILES
4 2 DRIVER HAS 28 YEARS DRIVING EXPERIENCE, ANNUAL MILEAGE IS 20.000 OR GREATER. MILEAGE IS VERIFIED. BUSINESS
USE
VEH. DR.# OPERATOR INFORMATION ACCDTICONV
3 1 PRINCIPAL MAR SMALL-ENDRESEN JESSICA 0 0
4 2 PRINCIPAL MAR ENDRESEN JOSHUA J 1 1
VEH. POLICY DISCOUNTS
1 GOOD DRVR: AUTO -HOME: THREE LINE: MULTI -CAR: RENEWAL
2 GOOD DRVR: AUTO -HOME: THREE LINE: MULTI -CAR: RENEWAL
3 GOOD DRVR: AUTO -HOME: THREE LINE: MULTI -CAR: RENEWAL
4 AUTO -HOME: THREE LINE: MULTI -CAR: RENEWAL
VEH. THIS POLICY IS SUBJECT TO THE FOLLOWING FORMS AND ENDORSEMENTS
1. 2. 3. 4 FV2476 10-15 CUSTOMIZED EQUIPMENT
POL FV405CA 04-20 CALIFORNIA AUTO POLICY
4 FV768 01-08 ADDL INT END INTERESTED PARTY
POL #SA3004C 04-20 LIMITED DELIVERY ENDORSEMENT
LOSS PAYEE{S]IADDITIONAL INTEREST(S)
VEHICLE:4 VEHICLE: 4 VEHICLE: 4
CITY OF LAKE ELSINORE CHRYSLER CAPITAL ALLY FINANCIAL
130 S MAIN ST PO BOX 3610 PO BOX 380901
LAKE ELSINORE CA 92530-4109 Carmel IN 46082-3610 Bloomington MN 55438-0901
INTERESTED PARTY LOSS PAYEE LOSS PAYEE
0024887773
IMPORTANT POLICY INFORMATION
NM158 0618 #FA007 0420 #IV913 0219 #IA292 0219 #FM159 0215 #NM227 0621 #UM55 0120
DocuSign Envelope ID: 052A75D2-CE4A-4142-BFB4-47A93550EA02
AcaR"r CERTIFICATE OF LIABILITY INSURANCE
DATE (MMrDDrrrrr) 1 02/28/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(jes) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer ri ghts to the certificate holder in lieu of such endorsements .
PRODUCER CONTACT
NAME:
Levoy & Associates Insurance Agency PHONEAMC No. ExU, (916) 652-2705 FAX Na
A ESSS: david@levoyins.eomPOBox30
INSURER(S) AFFORDING COVERAGE MAIC 0
OTHER
INSURER A. PREFERRED PROFESSIONAL INS CO 36234LoomisCA95650
INSURED INSURER 6
INSURER C : Endresen Development Inc.
INSURER D: 15301 Alvarado St
INSURER E:
Lake Elsinore CA 92530 INSURER F!
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IHSRR
TYPE OF INSURANCE
ADOL SUBR
POLICY NUMBER
POLICY EFF POLICY EXP
LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S
DAMAGE TO RENTED
I CLAIMS -MADE OCCUR PREMISES !Ea oodttrartoel S
I MED ERP (AM ons MMM) 15 1
DESCRIPTION OF OPERATIONS I LOCATIONS? VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if MOFe space is Fequired)
CERTIFICATE HOLDER CANCELLATION
Proof of Insurance"
ACORD 25 (2016103)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE SLGEWL
P11Y
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LOC PRODUCTS-COA1P1pPAGG S
SOTHER
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT SEaan!
BODILY INJURY (Par pwum) SANYAUTO
OWNED SCHEDULED
AUTOS ONLYAUTOS
BODILY INJURY (Parawlt W) S
HIRED NON -OWNED
AUTOS ONLY NAUTOS ONLY
PROPERTY DAMAGE S
S
UMBRELLA LUIS OCCUR EACH OCCURRENCE S
AGGREGATE $ EXCESS LIABH CAMs -MA
SDEDRETENTIONS
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
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E.L. DISEASE - EA EMPLOYE S 1
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DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1
DESCRIPTION OF OPERATIONS I LOCATIONS? VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if MOFe space is Fequired)
CERTIFICATE HOLDER CANCELLATION
Proof of Insurance"
ACORD 25 (2016103)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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BUSINESS LICENSE
This business license is issued for revenue purposes only and does not grant authorization
to operate a business. This business license is issued without verification that the holder is
subject to or exempted from licensing by the state, county, federal government, or any
other governmental agency.
Business Name: ENDRESEN DEVELOPMENT, INC
Business Location: 15301 ALVARADO ST
LAKE ELSINORE, CA 92530-6963
Owner Name(s): JOSH ENDRESEN
ENDRESEN DEVELOPMENT, INC
ENDRESEN DEVELOPMENT/ JOSH ENDRESEN
15301 ALVARADO ST
LAKE ELSINORE, CA 92530-6963
CITY OF LAKE ELSINORE
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
BUSINESS LICENSE NO. 020309
Business Type: GENERAL BUILDING CONTRACTOR
Description: GENERAL CONTRACTOR
Issue Date: 10/1/2022 Expiration Date: 9/30/2023
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other
languages by going to: https://www.dca.ca.gov/publications/
TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE
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AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTOR SERVICES
Cotter Construction Inc.
ON-CALL SERVICES
This Amendment No. 1 to Agreement for On-Call Services is made and entered into as of
1/9/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and Cotter
Construction Inc., a (“Contractor”).
RECITALS
A. The City and Contractor have entered into that certain Agreement for on call services
dated as of 1/24/2023, (the “Original Agreement”). Except as otherwise defined herein, all
capitalized terms used herein shall have the meanings set forth for such terms in the Original
Agreement.
B. The Original Agreement provided for compensation to Contractor in an amount of
two hundred and fifty thousand dollars and no cents ($250,000.00).
C. The Original Agreement had a term of one year with three one-year renewal
options, commencing on 1/24/2023 and ending on 6/30/2024.
D. The parties now desire to amend the agreement and increase the payment for such
services as set forth in this Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Contractor agree as follows:
1. Section 3, Compensation, of the Original Agreement is hereby amended to read in
its entirety as follows:
Notwithstanding the foregoing, for purposes of Amendment No. 1 and the
term thereof, compensation to be paid to Contractor shall be in accordance
with the Schedule of Charges set forth in Contractor’s Proposal
(referenced collectively as Exhibit A-1 Amendment No. 1). In no event
shall Contractor’s compensation related to Exhibit A-1 to Amendment No.
1 exceed two hundred fifty thousand dollars and no cents ($250,000.00)
without additional written authorization from the City Council. Annual
compensation during each renewal term, if any, shall not exceed five
hundred thousand Dollars ($500,000.00).
Notwithstanding any provision of Contractor’s Proposal to the contrary, out
of pocket expenses set forth in Exhibit A-1 respectively, shall be
reimbursed at cost without an inflator or administrative charge. Payment
by City under this Agreement shall not be deemed a waiver of defects,
even if such defects were known to the City at the time of payment.
2. Except for the changes specifically set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed
on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Cotter Construction Inc.
City Manager
Date:
Andre Cotter, Owner
Date: __
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A-1 – Contractor’s Proposal
EXHIBIT A-1
CONTRACTOR’S PROPOSAL
[ATTACHED]
AGREEMENT FOR CONTRACTOR SERVICES
Cotter Construction Inc.
ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the "Agreement") is made and entered into as of
January 24, 2023 by and between the City of Lake Elsinore, a municipal corporation (the "City") and
Cotter Construction Inc., a Licensed Contractor (the "Contractor").
RECITALS
A.The City has determined that it requires the following services:
On-call minor construction and repair services
B.The City has prepared a request for a proposals and Contractor has submitted to City a proposal,
dated August 8, 2022, both of which are attached hereto as Exhibit A (collectively, the "Contractor's
Proposal") and incorporated herein, to provide services and related work to the City pursuant to the
terms of this Agreement.
C.Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms and
conditions Agreement.
AGREEMENT
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 minor construction support
on an as needed basis.
2.Time of Performance.
a.Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the services and related work to be performed by Contractor
is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the
services and related work contemplated pursuant to this Agreement consistent with Contractor's
Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools,
expendable equipment, and all taxes, utility and transportation services required to perform such the
services and related work.
b.Performance Schedule. Contractor shall commence the services and related
work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services and related work within the time period(s) established in the Contractor's Proposal (Exhibit
A). When requested by Contractor, extensions to the time period(s) specified may be approved in
writing by the City Manager.
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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 24, 2023 and ending June 30, 2023. The City may, at its
sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional
twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty
30)days before the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services
performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by
the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work
or services as all work or services shall be authorized through a Task/Work Order issued by the City.
3.Compensation. Compensation to be paid to Contractor shall be in accordance with
the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated
herein by reference. In no event shall Contractor's annual compensation exceed for two hundred
fifty thousand dollars and no cents ($250,000.00) without additional written authorization from the
City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses
set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment
by City under this Agreement shall not be deemed a waiver of defects, even if such defects were
known to the City at the time of payment.
4.Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such services
and related work were performed. Contractor's bills shall be segregated by project task, if applicable,
such that the City receives a separate accounting for work done on each individual task for which
Contractor provides services. Contractor's bills shall include a brief description of the services
performed, the date the services were performed, the number of hours spent and by whom, and a
description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45)
days after receipt of the monthly invoice by City staff.
5.Background Checks. At any time during the term of this Agreement, the City reserves
the right to make an independent investigation into the background of Contractor's personnel who perform
work required by this Agreement, including but not limited to their references, character, address history,
past employment, education, social security number validation, and criminal or police records, for the
purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service
or pose a risk to the safety of persons or property in and around the vicinity of where the services will be
rendered or City Hall. If the City makes a reasonable determination that any of Contractor's prospective
or then current personnel is deemed objectionable, then the City may notify Contractor of the same.
Contractor shall not use that personnel to perform work required by this Agreement, and if necessary,
shall replace him or her with a suitable worker.
6.Suspension or Termination.
a.The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (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 to the City, pursuant to Section entitled "Method of
Payment" herein.
7.Plans, Reports, Documents
a.Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the course
of implementing this Agreement, except working notepad internal documents, shall become the
property of the City upon payment to Contractor for such work, and the City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or to any other
party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents
and other writings to City upon written request. City shall have sole determination of the public's
rights to documents under the Public Records Act, and any third-party requests of Contractor shall
be immediately referred to City, without any other actions by Contractor.
b.Licensing of Intellectual 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.
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 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.In depe nde nt Contractor.
a.Contractor is and shall at all times remain as to the City a wholly independent
contractor pursuant to California Labor Code Section 3353. The personnel performing the services
under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive
direction and control. Neither City nor any of its officers, employees, or agents shall have control
over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set
forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of
its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever
against City, or bind City in any manner.
b.Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby agree
to waive any claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any
contribution to be paid by City for employer contribution and/or employee contributions for PERS
benefits.
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 control and direction
of the City or of any City official, other than normal agreement monitoring; and
b.possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)
12.Ability of Contractor. City has relied upon the training and ability of Contractor to
perform the services hereunder as a material inducement to enter into this Agreement. Contractor
shall therefore provide properly skilled personnel to perform all services under this Agreement. All
work performed by Contractor under this Agreement shall be in accordance with applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of competent
contractors in Contractor's field of expertise.
13.Compliance with Laws.
a.Contractor shall comply with all local, state and federal laws and regulations
applicable to the services required hereunder, including any rule, regulation or bylaw governing the
conduct or performance of Contractor and/or its employees, officers, or board members.
b.Contractor represents that it has obtained and will maintain at all times during
the term of this Agreement all professional and/or business licenses, certifications and/or permits
necessary for performing the services described in this Agreement, including a City business license.
14.Licenses. Contractor represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor
to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole
cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses,
permits, insurance and approvals which are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Lake Elsinore business license.
15.Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury,
loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance,
to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of
Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly
liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not
apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole
negligence or willful misconduct of the City or its officers. employees. agents. or volunteers and (2)
the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the
injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor
to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the
California Civil Code. Acceptance by City of insurance certificates and endorsements required under
this Agreement does not relieve Contractor from liability under this indemnification and hold
harmless clause. This indemnification and hold harmless clause shall apply 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' Compensat ion, shall bear an endorsement whereby it is provided that, the City and its
officers, employees, servants, volunteers and agents and independent contractors, including without
limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall
be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits
to coverages.
ii.This policy shall be considered primary insurance as respects the City,
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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 have, shall be considered
excess insurance only and shall not contribute with it.
iii.This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of liability of the
insuring company.
iv.The insurer waives all rights of subrogation against the City, its elected
or appointed officers, officials, employees or agents.
v.Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or
volunteers.
vi.The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been
received by the City.
c.Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City's option, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d.Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein. Certificates
of such insurance shall be filed with the City on or before commencement of performance of this
Agreement. Current certification of insurance shall be kept on file with the City at all times during the
term of this Agreement.
17.Notices. Any notice required to be given under this Agreement shall be in writing and
either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the
other party at the address set forth below. Notice shall be deemed communicated within 48 hours
from the time of mailing if mailed as provided in this section.
If to City:
With a copy to:
If to Contractor:
City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
Cotter Construction Inc.
Attn: Andrew Cotter
29903 Gulf Stream Dr
Canyon Lake, CA 92587-7468
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DocuSign Envelope ID: 6102C73A-61EE-4237-88E7-6005B6565EBB
18.Assignment and Subcontracting. The parties recognize that a substantial inducement
to City for entering into this Agreement is the reputation, experience and competence of Contractor.
Contractor shall be fully responsible to City for all acts or omissions of any subcontractors.
Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be
permitted only with the express consent of the City. Contractor shall not subcontract any portion of
the work to be performed under this Agreement without the written authorization of the City. If City
consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions
of those subcontractors. Nothing in this Agreement shall create any contractual relationship between
City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see
to the payment of any monies due to any such subcontractor other than as otherwise is required by
law.
19.Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20.Litigation Expenses and Attorneys' Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys' fees.
21.Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable
to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS
shall provide the parties with the names of five qualified mediators. Each party shall have the option
to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall
hear the dispute. If the dispute remains unresolved after mediation, either party may commence
litigation.
22.Prohibited Interests. Contractor maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Contractor, to
solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed
to pay any company or person, other than a bona fide employee working solely for Contractor, any
fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall have
the right to rescind this Agreement without liability. For the term of this Agreement, no member,
officer or employee of City, during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23.Equal Opportunity Employment. Contractor represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24.Prevailing Wages. Contractor is aware of the requirements of California Labor Code
Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section
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,
Page 8
DocuSign Envelope ID: 6102C73A-61EE-4237-88E7-6005B6565EBB
indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and
harmless from any claim or liability arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force 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"
Cotter Construction Inc., a
Page 9
DocuSign Envelope ID: 6102C73A-61EE-4237-88E7-6005B6565EBB
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A -Contractor's Proposal
By:
Its:
Andrew Cotter
Owner
Page 10
DocuSign Envelope ID: 6102C73A-61EE-4237-88E7-6005B6565EBB
DocuSign Envelope ID: 6102C73A-61EE-4237-88E7-6005B6565EBB
FROM THE DESK OF
COTTER CONSTRUGTION
rNc
August 15, 2022
City of Lake Elsinore
To whom it may concern,
I, Andrew Cotter am the President of Cotter Construction and am authorized to
negotiate on Cotter Construction lnc behalf. This letter is indefinitely binding towards
that.
I have a General Engineering A license and a C-B concrete. This work is my exact area of
expertise and no sub contractor will be needed. All hardscape and landscape is area of
expertise for cotter construction.
cotter Construction is a corporation with Andrew Cotter as President. The location of
the principle offices are located in Canyon Lake CA.
Cotter Construction has approx 8 full time employees split into 2 crews of 4. We have the
reach of approx 30 masons at one time.
ljust recently completed a county funded proiect for city of canyon lake for ADA
compliance for a public building. This included the walkway around the entire building
being removed and replaced. City contact at city of canyon lake is Mike Borja for
reference. Along with public proiect I work in the private sector doing concrete removal
and all aspects of hardscape approx 80-1OO yards of concrete per week for approx 5
years as a business owner,
I also iust completed an ADA compliant walk path for the city of lake elsinore at the
launch point. lt included a designed walk path by our offices to meet ADA Spec. This
included shot Crete for slope retention and handrails.
Subcontractors are used when the needed for a specialty piece of equipment or
expertise. lt is not often that subcontractors are used but when they are needed they are
vetted and researched to provide the same quality of work that cotter construction
demands and delivers.
DocuSign Envelope ID: 6102C73A-61EE-4237-88E7-6005B6565EBB
The attached cost proposalsheet is for a minimum of 10OO square feet of flatwork
concrete placement. Does not include demo or grading and there are many factors that
affect the total price of concrete related work.
I thoroughly enjoy working for the city of Lake Elsinore and look forward to the
opportunity of providing service to the City.
Respectfully,
Andrew Cotter
ANDREW COTTER
29903 GULF STREAI{ DR. CANYON LAKE CA 92587 951-833-7842
DocuSign Envelope ID: 6102C73A-61EE-4237-88E7-6005B6565EBB
Attachment'A"
Cost Proposal Sheet - General Maintenance Services
Please provide the fee quotes as follows (lnclude a schedule of rates by classification hourly rates):
ln the column labeled "Bidder Notes" mark each maintenance area beginning with 1 to 11 (1=most preferred
area, 11= least prefened area). Please attach additional pages tf necessary.
GENERAL MAINTENANCE SERVICES WAGE RATES
Constructlon
Malntenance
Area
Normal Buslness Hours
Rata
Emelgency and Afur
l{ours Rate Unlt of
teasurc
Hourly,
Yz.Hout
Etc----l
Subcontractor
Servlcos
YesI No
Bldder Notes
Attached if Needed)Non-
Prcvalllng
Waoe Rate
Prevalllng
Weoa Rate
Non-
Prevaillng
Waoe Rate
Prevalllng
Waoe Rah
CarpenW i. i{.t}^ilrr WV oV1 &^d,N 5 ob
Finish Wood
Workino
Plumbing
Electrical
Concrete and
Masonrv $$;'p"P b r5/r r+fittlp{ fl>}*g,r 5$neti,,,e5
HVAC
Paintinq
Sheet Metal
DryWall
Roofing
lnigation
Ranair t[rx-.f,",r\A O \A ?o-tIA ..O1n
MaterialMarkup: "-O % (percent)
Normal Business Hours: 7:30 a.m. to 5:30 p.m. (Monday - Friday)
Emergency and After Hours Service: 5:30 p.m. to 7:30 a.m. Weekends and Holidays)
PageT
DocuSign Envelope ID: 6102C73A-61EE-4237-88E7-6005B6565EBB
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
A/C, No):
FAX
E-MAILADDRESS:
PRODUCER
A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
Per accident)
Ea accident)
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOSONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?(
Mandatory in NH)
DESCRIPTION OF OPERATIONSbelowIfyes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
EROTH-STATUTEPER
LIMITS(MM/DD/YYYY)
POLICY EXP(
MM/DD/YYYY)
POLICYEFFPOLICYNUMBERTYPEOFINSURANCELTRINSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
AGGREGATE
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG
GENERAL AGGREGATE
PERSONAL & ADV INJURY
MED EXP (Any one person)
EACH OCCURRENCE
DAMAGE TO RENTED $
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIREDAUTOS ONLY
01/27/2023
Edinger Insurance Services
31600 Railroad Canyon Road Suite H
Canyon Lake CA 92587
Eric Davis
951) 244-8760 (951) 244-8768
ericd@edingerins.com
Andrew Cotter
DBA: Cotter Construction
29903 GULF STREAM DR
Canyon Lake CA 92587
CNA Insurance Company
Clear Spring Property and Casualty Company
Infinity Select Insurance Company 20260
A
DED: $1,500
Y C6979907651 02/19/2022 02/19/2023
1,000,000.00
100,000.00
5,000.00
1,000,000.00
2,000,000.00
2,000,000.00
C 504610168494001 01/24/2023 01/24/2024
750,000.00
B Y Y CWC00326001 11/29/2022 11/29/2023 1,000,000.00
1,000,000.00
1,000,000.00
City of Lake Elsinore, is named as additional insured
City of Lake Elsinore
130 S Main St
Lake Elsinore CA 92530
DocuSign Envelope ID: 6102C73A-61EE-4237-88E7-6005B6565EBB
CITY OF LAKE ELSINORE
TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:
Business Location:
Owner Name(s):
BUSINESS LICENSE NO.
Issue Date: Expiration Date:
BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
29903 GULF STREAM DR Business Type:
CANYON LAKE , CA 92587
COTTER CONSTRUCTION INC
29903 GULF STREAM DR
CANYON LAKE , CA 92587
This business license is issuedfor revenue purposes only anddoes not grant authorization
to operate a business. This business license is issuedwithout verificationthat the holder is
subject to or exempted from licensing by the state, county, federal government, or any
other governmental agency.
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
COTTER CONSTRUCTION INC
COTTER CONSTRUCTION INC
GENERAL ENGINEERING CONTRACTOR
026956
6/23/2022 6/30/2023
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other
languages by going to: https://www.dca.ca.gov/publications/
DocuSign Envelope ID: 6102C73A-61EE-4237-88E7-6005B6565EBB
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AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTOR SERVICES
B&B Nurseries Inc. (dba Landscape Center)
ON-CALL SERVICES
This Amendment No. 1 to Agreement for On-Call Services is made and entered into as of
1/9/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and B&B
Nurseries Inc. (dba Landscape Center), a (“Contractor”).
RECITALS
A. The City and Contractor have entered into that certain Agreement for on call services
dated as of 1/24/2023, (the “Original Agreement”). Except as otherwise defined herein, all
capitalized terms used herein shall have the meanings set forth for such terms in the Original
Agreement.
B. The Original Agreement provided for compensation to Contractor in an amount of
two hundred and fifty thousand dollars and no cents ($250,000.00).
C. The Original Agreement had a term of one year with three one-year renewal
options, commencing on 1/24/2023 and ending on 6/30/2024.
D. The parties now desire to amend the agreement and increase the payment for such
services as set forth in this Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Contractor agree as follows:
1. Section 3, Compensation, of the Original Agreement is hereby amended to read in
its entirety as follows:
Notwithstanding the foregoing, for purposes of Amendment No. 1 and the
term thereof, compensation to be paid to Contractor shall be in accordance
with the Schedule of Charges set forth in Contractor’s Proposal
(referenced collectively as Exhibit A-1 Amendment No. 1). In no event
shall Contractor’s compensation related to Exhibit A-1 to Amendment No.
1 exceed seventy fifty thousand dollars and no cents ($75,000.00) without
additional written authorization from the City Council. Annual compensation
during each renewal term, if any, shall not exceed three hundred twenty-
five thousand Dollars ($325,000.00).
Notwithstanding any provision of Contractor’s Proposal to the contrary, out
of pocket expenses set forth in Exhibit A-1 respectively, shall be
reimbursed at cost without an inflator or administrative charge. Payment
by City under this Agreement shall not be deemed a waiver of defects,
even if such defects were known to the City at the time of payment.
2. Except for the changes specifically set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed
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on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
B&B Nurseries Inc. (dba Landscape Center).
City Manager
Date:
Mark Barrett, President
Date: __
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A-1 – Contractor’s Proposal
EXHIBIT A-1
CONTRACTOR’S PROPOSAL
[ATTACHED]
B & B NURSERIES, INC. DBA THE LANDSCAPE CENTER 01/02/2024
Attachment “A-1”
Cost Proposal Sheet – General Maintenance Services
Please provide the fee quotes as follows (Include a schedule of rates by classification hourly
rates):
In the column labeled “Bidder Notes” mark each maintenance area beginning with 1 to 11 (1=most
preferred area, 11= least preferred area). Please attach additional pages if necessary.
GENERAL MAINTENANCE SERVICES WAGE RATES
*Normal Business Hours
Rate
**Emergency and After
Hours RateConstruction
&
Maintenance
Area
Non-
Prevailing
Wage Rate
Prevailing
Wage Rate
Non-
Prevailing
Wage Rate
Prevailing
Wage Rate
Unit of
Measure
(Hourly,
½ Hour
Etc…)
Subcontractor
Services
Yes / No
Bidder Notes
(Attached if Needed)
Maintenance
65 90.00 97.50 135.00 Hourly No 1
Landscape
95 118.86 142.50 155.15 Hourly No 1
Irrigation
Repair
75 95.00 112.50 150.00 Hourly No 1
Material Markup: _____25_____ % (percent)
*Normal Business Hours: 7:30 a.m. to 5:30 p.m. (Monday – Friday)
**Emergency and After Hours Service: 5:30 p.m. to 7:30 a.m. (Weekends and Holidays)
DocuSign Envelope ID: 9838906A-0038-41 F6 -8D00 -2E462682631 D
AGREEMENT FOR CONTRACTOR SERVICES
The Landscape Center
ON-CALL SERVICES
This Agreement for Contractor Services (On -Call) (the "Agreement") is made and entered into as of
January 24, 2023 by and between the City of Lake Elsinore, a municipal corporation (the "City") and
The Landscape Center., a Licensed Contractor (the "Contractor").
RECITALS
A. The City has determined that it requires the following services:
On-call minor construction and repair services
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal,
dated August 8, 2022, both of which are attached hereto as Exhibit A (collectively, the "Contractor's
Proposal") and incorporated herein, to provide services and related work to the City pursuant to the
terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms and
conditions Agreement.
AGREEMENT
I . Scope of Services. Contractor shall perform the services and related work described
in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the
time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction
of the City through its staff that it may provide from time to time. Contractor acknowledges that the
Scope of Services provides for 24 hour -a -day, 7 day -a -week, on-call and minor construction support
on an as needed basis.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the services and related work to be performed by Contractor
is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the
services and related work contemplated pursuant to this Agreement consistent with Contractor's
Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools,
expendable equipment, and all taxes, utility and transportation services required to perform such the
services and related work.
b. Performance Schedule. Contractor shall commence the services and related
work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services and related work within the time period(s) established in the Contractor's Proposal (Exhibit
A). When requested by Contractor, extensions to the time period(s) specified may be approved in
writing by the City Manager.
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C. Term and Compliance with TaskfVVork Order System. Unless earlier
terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and
effect for a period commencing on January 24, 2023 and ending June 30, 2023. The City may, at its
sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed 2 additional
twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty
30) days before the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services
performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by
the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work
or services as all work or services shall be authorized through a Task/Work Order issued by the City.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with
the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated
herein by reference. In no event shall Contractor's annual compensation exceed for two hundred
fifty thousand dollars and no cents ($250,000.00) without additional written authorization from the
City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses
set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment
by City under this Agreement shall not be deemed a waiver of defects, even if such defects were
known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such services
and related work were performed. Contractor's bills shall be segregated by project task, if applicable,
such that the City receives a separate accounting for work done on each individual task for which
Contractor provides services. Contractor's bills shall include a brief description of the services
performed, the date the services were performed, the number of hours spent and by whom, and a
description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45)
days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City reserves
the right to make an independent investigation into the background of Contractor's personnel who perform
work required by this Agreement, including but not limited to their references, character, address history,
past employment, education, social security number validation, and criminal or police records, for the
purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service
or pose a risk to the safety of persons or property in and around the vicinity of where the services will be
rendered or City Hall. If the City makes a reasonable determination that any of Contractor's prospective
or then current personnel is deemed objectionable, then the City may notify Contractor of the same.
Contractor shall not use that personnel to perform work required by this Agreement, and if necessary,
shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (1 0)
days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work
under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a
portion of this Agreement, such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
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Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of
Payment" herein.
7. Plans, Reports. Documents
a. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the course
of implementing this Agreement, except working notepad internal documents, shall become the
property of the City upon payment to Contractor for such work, and the City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or to any other
party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents
and other writings to City upon written request. City shall have sole determination of the public's
rights to documents under the Public Records Act, and any third -party requests of Contractor shall
be immediately referred to City, without any other actions by Contractor.
b. Licensing of Intellectual Propertx. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of expression,
including but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Contractor under this
Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing
that City is granted a nonexclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor
has the legal right to license any and all Documents & Data. Contractor makes no such
representation and warranty in regard to Documents & Data, which were prepared by design
professionals otherthan Contractor or provided, to Contractor by the City. City shall not be limited in any
way in its use of the Documents & Data at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City's sole risk.
C. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Contractor in connection with the performance of
this Agreement shall be held confidential by Contractor. Contractor shall not, without the prior written
consent of City, use such materials for any purposes other than the performance of the services
under this Agreement. Nor shall such materials be disclosed to any person or entity not connected
with the performance of the services under this Agreement. Nothing furnished to Contractor, which
is otherwise known to Contractor or is generally known, or has become known, to the related industry
shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating
to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's
services under this Agreement in any magazine, trade paper, newspaper, television or radio
production or other similar medium without the prior written consent of City.
8. Contractor's Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor to this
Agreement.
b. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer period
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DocuSign Envelope ID: 9838906A-0036-41 F6 -8D00 -2E462682631 D
required by law, from the date of termination or completion of this Agreement.
G. Any records or documents required to be maintained pursuant to this
Agreement shall be made available far inspection or audit, at any time during regular business hours,
upon written request by the City Manager, City Attorney, City Auditor or a designated representative
of these officers. Copies of such documents shall be provided to the City for inspection at City Hall
when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records
shall be available at Contractor's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may,
by written request by any of the above-named officers, require that custody of the records be given
to the City and that the records and documents be maintained in City Hall. Access to such records
and documents shall be granted to any party authorized by Contractor, Contractor's representatives,
or Contractor's successor -in -interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent
contractor pursuant to California Labor Code Section 3353. The personnel performing the services
under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive
direction and control. Neither City nor any of its officers, employees, or agents shall have control
over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set
forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of
its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever
against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby agree
to waive any claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any
contribution to be paid by City for employer contribution and/or employee contributions for PERS
benefits.
19. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent,
or subcontractor of Contractor providing services under this Agreement claims or is determined by
a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to
be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend,
and hold harmless City for the payment of any employee and/or employer contributions for PERS
benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the
responsibility of City.
11. Interests of Contractor. Contractor (including principals, associates and management
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement
or any other source of income, interest in real property or investment which would be affected in any
manner or degree by the performance of Contractor's services hereunder. Contractor further
covenants and represents that in the performance of its duties hereunder no person having any such
interest shall perform any services under this Agreement.
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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 control and direction
of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)
12. Ability of Contractor. City has relied upon the training and ability of Contractor to
perform the services hereunder as a material inducement to enter into this Agreement. Contractor
shall therefore provide properly skilled personnel to perform all services under this Agreement. All
work performed by Contractor under this Agreement shall be in accordance with applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of competent
contractors in Contractor's field of expertise.
13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations
applicable to the services required hereunder, including any rule, regulation or bylaw governing the
conduct or performance of Contractor and/or its employees, officers, or board members.
b. Contractor represents that it has obtained and will maintain at all times during
the term of this Agreement all professional and/or business licenses, certifications and/or permits
necessary for performing the services described in this Agreement, including a City business license.
14. Licenses. Contractor represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor
to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole
cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses,
permits, insurance and approvals which are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Lake Elsinore business license.
15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury,
loss of life, or damage to property, or any violation of anyfederal, state, or municipal law orordinance,
to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of
Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly
liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not
apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole
negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2)
the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the
injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor
to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the
California Civil Code. Acceptance by City of insurance certificates and endorsements required under
this Agreement does not relieve Contractor from liability under this indemnification and hold
harmless clause. This indemnification and hold harmless clause shall applyto any damages orclaims
for damages whether or not such insurance policies shall have been determined to apply. By
execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section
and that it is a material element of consideration.
Page 5
DocuSign Envelope ID: 9838906A-0038-41 F6 -8D00 -2E462682631 D
16. Insurance Requirements .
a. Insurance. Contractor, at Contractor's own cost and expense, shall procure
and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following
insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insuranee and Employer's Liability Insurance for his/he r employees in accordance with
the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly
maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation
or non -renewal of all Workers' Compensation policies must be received by the City at least thirty
30) days prior to such change. The insurer shall agree to waive all rights of subrogation against
City, its officers, agents, employees and volunteers for losses arising from work performed by
Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance
and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of
California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation
Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence
for bodily injury, personal injury and property damage. If a commercial general liability insurance
form or other form with a general aggregate limit is used, either the general aggregate limit shall
apply separately to the work to be performed under this Agreement or the general aggregate limit
shall be at least twice the required occurrence limit. Required commercial general liability coverage
shall be at least as broad as Insurance Services Office Commercial General Liability occurrence
form CG 0001 (ed. 11188) or Insurance Services Office form number GL 0002 (ed. 1173) covering
comprehensive General Liability and Insurance Services Office form number GL 0404 covering
Broad Form Comprehensive General Liability. No endorsement may be attached limiting the
coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the Contractor
arising out of or in connection with the work to be performed under this Agreement, including
coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars
1,000,000} combined single limit for each occurrence. Automobile liability coverage must be at
least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1
any auto"). No endorsement may be attached limiting the coverage.
b. Endorsements. Each general liability and automobile liability insurance policy
shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the
following specific language:
i. Notwithstanding any inconsistent statement in any required insurance
policies or any subsequent endorsements attached thereto, the protection offered by all policies, except
for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its
officers, employees, servants, volunteers and agents and independent contractors, including without
limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall
be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits
to coverages.
This policy shall be considered primary insurance as respects the City,
Page 6
DocuSign Envelope ID: 9838906A-0038-41 F6 -8D00 -2E462682631 D
its elected or appointed officers, officials, employees, agents and volunteers. Any insurance
maintained by the City, including any self-insured retention the City may have, shall be considered
excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of liability of the
insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected
or appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or
volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been
received by the City.
c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City's option, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein. Certificates
of such insurance shall be filed with the City on or before commencement of performance of this
Agreement. Current certification of insurance shall be kept on file with the City at all times during the
term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and
either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the
other party at the address set forth below. Notice shall be deemed communicated within 48 hours
from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: The Landscape Center
Attn: Mark Barrett
9505 Cleveland Avenue
Riverside, CA 92503
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DocuSign Envelope ID: 9838906A-0036-41 F6 -8D00 -2E462682631 D
18. Assignment and Subcontractina. The parties recognize that a substantial inducement
to City for entering into this Agreement is the reputation, experience and competence of Contractor.
Contractor shall be fully responsible to City for all acts or omissions of any subcontractors.
Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be
permitted only with the express consent of the City. Contractor shall not subcontract any portion of
the work to be performed under this Agreement without the written authorization of the City. If City
consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions
of those subcontractors. Nothing in this Agreement shall create any contractual relationship between
City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see
to the payment of any monies due to any such subcontractor other than as otherwise is required by
law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys' fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable
to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS
shall provide the parties with the names of five qualified mediators. Each party shall have the option
to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall
hear the dispute. If the dispute remains unresolved after mediation, either party may commence
litigation.
22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Contractor, to
solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed
to pay any company or person, other than a bona fide employee working solely for Contractor, any
fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall have
the right to rescind this Agreement without liability. For the term of this Agreement, no member,
officer or employee of City, during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code
Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section
15000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and
the performance of other requirements on "public works" and "maintenance" projects. Contractor
agrees to fully comply with all applicable federal and state labor laws (including, without limitation,
if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work
or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-
payment of prevailing wages under California law, and Contractor hereby agrees to defend,
Page 8
DocuSign Envelope ID: 9838906A-0036-41 F6 -8D00 -2E462682631 D
indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and
harmless from any claim or liability arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force andeffect.
2$. Controlling Law Venue. This Agreement and all matters relating to it shall be governed
by the laws of the State of California and any action brought relating to this Agreement shall be held
exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that
the individuals who have signed this Agreement have the legal power, right, and authority to make
this Agreement and to bind each respective party. The City Manager is authorized to enter into an
amendment or otherwise take action on behalf of the City to make the following modifications to the
Agreement: (a) a name change; (b) grant extensions of time; (c) non -monetary changes in the scope
of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties when
at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement: Incorporation: Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written, are
superseded in total by this Agreement and shall be of no further force or effect. Contractor's Proposal
is incorporated only for the description of the scope of services and/or the schedule of performance and
no other terms and conditions from such proposal shall apply to this Agreement unless specifically
agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained
in the Contractor's Proposal.
30. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date
first written above.
CITY OF LAKE ELSINORE, a municipal
corporation
Docu Signed by:
ja5avr. SIYkMW
IriliU9I I:7:[oto] _k4
The Landscape Center, a Click or tap here to
enter text.
Page 9
DxuSigned by:
boPQy's f
DocuSign Envelope ID: 9838906A-0038-41 F6 -8D00 -2E462682631 D
City Manager
ATTEST:
Doc uSigned by:
C *Y-rIeFk
APPROVED AS TO FORM:
DocuSigned by:
City Attorney
Doc uSigned by:
Sew
Assis ant i y Manager
Attachments: Exhibit A — Contractor's Proposal
By: Mark Barrett
Its: President
Page 10
DocuSign Envelope ID: 9838906A-0036-41 F6 -8D00 -2E462682631 D
so
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CSLN 550 I
1Nholesale Nursery • 5pecimen Palms • Tree Reiocafion Speciollsts
COVER LETTER
August 23, 2022
Subject: Request for Proposals General Contractor Services On -Call & Minor
Construction
To Whom it May Concern,
This letter certifies that, Mark Barrett, is authorized to contract on behalf of B & B
Nurseries, Inc. dba The Landscape Center. Mark Barrett is the President of B & B
Nurseries, Inc. dba The Landscape Center which has a primary office address of 9505
Cleveland Avenue Riverside, CA 92503. This is binding for a term of 120 days from the
date of submittal to the City of Lake Elsinore.
If you should have any questions please do not hesitate to contact the company office
at (951) 352-8383.
Sincerely,
The Landscape C rater
Mark Barrett
President
B & B Nurseries, Inc. dba The Landscape Center
DocuSign Envelope ID: 9838906A-0036-41 F6 -8D00 -2E462682631 D
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CONTRACTOR'S INFORMATION
1. Contractor's Area of Expertise
a. B & B Nurseries, Inc. dba The Landscape Center specializes in the
relocation/transplanting of large specimen palms and trees. It also specializes in
the growing and selling of large specimen palms and trees. Other areas of
capabilities are performing tree trimming, tree removal, landscape
instal lationlrenovation and irrigation installation along with irrigation repair work.
2. Organizational Structure
a. B & B Nurseries, Inc. dba The Landscape Center is a S -Corp
b. Incorporated in California in 1985.
c. Marls A. Barrett is the President, Secretary and Treasurer
3. Principal Office Location
a. 9505 Cleveland Avenue Riverside, CA 92503
b. Telephone 951-352-8383 Fax 951-352-3655
4. Number of Personnel
a. 20 personnel available to perform work as part of this project.
5. Employee Qualifications
a. Dillon Reynolds- ISA Certified Arborist, Qualified Pesticide Applicator
b. Carl Mangold- Certified Crane Operator
c. Apolinar Tavira- Certified Crane Operator
6. Cost Proposal for Services
a. Landscape Laborer Prevailing Wage Rate Reg Hours= $95.00 per hour
b. Landscape Operating Engineer Wage Rate Reg Hours= $120.00 per hour
c. Crane Operating Engineer Wage Rate Reg Hours= $140.00 per hour
DocuSign Envelope ID: 9838906A -003B-41 F6 -8D00 -2E462682631 D
as
SUND
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Landscape
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Wtiolesde Nursery • Specknen Palms • Tree Re,ocafion SpeclaWs
RELATED PROJECT EXPERIENCE AND CLIENT REFERENCES
1. Mike Leggett -City of Anaheim Public Works Operations Superintendent
a. 714-755-5934
b. mleg}7ettganaheim.net
c. Various projects performing removal and replacement of palm trees in
Anaheim.
d. Various projects performing transplanting of palm trees in Anaheim.
2. Peter Provenzale- City of Santa Monica Urban Forest Supervisor
a. 314-458-2241x2782
b. Peter. provenzalegsmgov. net
c. Transplanting of trees throughout the City of Santa Monica.
Mihai Dan- City of Indian Wells Maintenance Supervisor
a. 750-346-2489
b. mdan a indianwells.com
c. Supply and installation of large specimen palm trees within the City of Indian
Wells.
4. Gus Papagolos- City of Lake Elsinore
a. 951-674-3124
h. g_papagolos a,verizon.net
c. Supply and installation of large specimen palm trees.
DocuSign Envelope ID: 9838906A-0036-41 F6 -8D00 -2E462682631 D
mars
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Landscape
Center
1 olesoie Nursery Specimen PcArm • Tree Ralocahon speclallsts
SUB -CONTRACTORS
B & B Nurseries, Inc. dba The Landscape Center will not be utilizing sub -contractors as part
of this agreement.
DocuSign Envelope ID: 9838906A-0036-41F6-8D00-2E462682631D
as
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Maintenance
Area
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WageRate
Samoan The
Prevailing
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Landscape
wr Center
W1101e60le Nursery • Spec kneai Pokes • Fres Rek)cvhon 5peclolLgt
FEE INFORMATION
Attachment "A"
Cost Proposal Sheet — General Maintenance Services
Please prdvide the fee quotes as follows (Inclucle a schedule of rates by class#ficabon hourly rates):
In the column labeled "Bidder Notes' mark each maintenance area aeglnnmg with 1 to 11 ( f =most preferred
area, 11= least preferred area). Please attach addibonaI pages 4 necessary
GENERA! MAINTENANCE SERVICES WAGE RATES
Construction
g
Maintenance
Area
NommW Business Hours
Rate
Emergency and Afte+
Hours nate Unit or
Measure
tH°u
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Subcontractor
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Yes I No
Bidder Hates
lAtrwred rr Yeedvd: Non-
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Prevailing
Wa Rate
Non'
Prevailing
W e Rate
Prevailing
Wle Rate
Carpentry N)A
Firvsh LYood
ng
N/A
Purnbrg NIA
Eiectncal NIA
co,Ccre E 3rd
NIA
HVAC NIA
Pai NIA
sheet metal NIA
Dry Wall NUA
Roofing NIA
irrigation
RepRepair 6500 95.00 98.00 16,0.00 HR N0 1
Material Markup: 25 °o (percent)
Norma! Business Hours: 7.30 a.m. to 5:30 p.m. (Monday -- Friday)
Emergency and After Hours Service: 5:30 p.m. to 7:30 a.m. (V eekends and Holidays)
Page 7
DocuSign Envelope ID: 9838906A-0036-41 F6 -8D00 -2E462682631 D
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Wholesale Nwsery - Specimen Pahis • Tree Relocatlon 5peciolKts
CITY'S CONTRACTOR SERVCES AGREEMENT
B & B Nurseries, Inc. dba The Landscape Center does not take any exception to the City's
Contractor Services Agreement and finds it satisfactory.
DocuSign Envelope ID: 9838906A-0036-41 F6 -8D00 -2E462682631 D
so
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CONTRACTOR'S LICENSE
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STATE "CENSE aaaaa
ACTIVE LICENSE
553561 CORP
B 3 B NURSERIES INC DBA THE
LANDSCAPE CENTER
C27 C611D49
01/31/2023 www cslb ca roe ib
DocuSign Envelope ID: 9838906A -003B-41 F6 -8D00 -2E462682631 D
ACoORD® CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIYYYY)
10/26/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Bowermaster & Associates
10805 Holder St
Ste 350
CONTACT
NAME: Denise Lopez
PHONE FAX
A/C No Ext): 714-733-6219 A/C No): 714-252-8253
ADDRESS: dlopez@bowermaster.com
INSURER(S) AFFORDING COVERAGE NAIC # Cypress CA 90630
INSURERA: Continental Insurance Company 35289
10/31/2022
INSURED LANDCEN-01
B & B Nurseries, Inc. dba: The Landscape Center
9505 Cleveland Avenue
INSURER B : Cypress Ins Co 10855
INSURER C: American Casualty Company CNA Ins Co 20427
INSURER D : Riverside CA 92503
INSURER E :
INSURER F,
100,000
X
COVERAGES CERTIFICATE NUMBER: 1155421451 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRLTR TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD POLICY NUMBER
POLICY EFF
MM/DDIYYYY
POLICY EXP
MM/DDIYYYY LIMITS
A X COMMERCIAL GENERAL LIABILITY Y 5095050641 10/31/2022 10/31/2023 EACH OCCURRENCE 1,000,000
CLAIMS -MADE OCCUR
DAMAGE TO
PREM SES (Ea
occurrenceRENTE
100,000
X MED EXP (Any one person) 15,000SubsidenceDed
10,000 PERSONAL &ADV INJURY 1,000,000
AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000GEN'L
POLICY jE LOC PRODUCTS - COMP/OP AGG 2,000,000
OTHER:
C AUTOMOBILE LIABILITY 5095717529 10/31/2022 10/31/2023 COEaMBINEDaccident
SINGLE LIMIT 1,000,000
BODILY INJURY (Per person) X ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident)
PROPERTY DAMAGE
Per accidentXHIREDXNON -OWNEDAUTOSONLYAUTOSONLY
A X UMBRELLA LIAB OCCUR 7015375418 10/31/2022 10/31/2023 EACH OCCURRENCE 4,000,000
AGGREGATEEXCESSLIABCLAIMS -MADE
DED RETENTION $
B WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
BBWC330279 4/1/2022 4/1/2023 X PER OTH-
STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT 1,000,000
OFFICER/MEMBER EXCLUDED? N/A
E.L. DISEASE - EA EMPLOYEE 1,000,000MandatoryinNH)
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000
A Pollution Liability 5095050641 10/31/2022 10/31/2023 Each Claim 1,000,000
Aggregate 2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
City of Lake Elsinore, its officers, agents and employees are Additional Insured as respects General Liability per attached endorsement form, Primary and
Non -Contributory wording included.
CERTIFICATE HOLDER CANCELLATION
1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS.
130 South Main Street
AUTHORIZED REPRESENTLakeElsinoreCA92530
USA
1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: 9838906A-0038-41 F6 -8D00 -2E462682631 D
I
civa
Contractors' General Liability Extension Endorsement
1. ADDITIONAL INSUREDS
WHO IS AN INSURED is amended to include as an Insured any person or organization described in
paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this
Coverage Part under a written contract or written agreement, provided such contract or agreement:
1) is currently in effect or becomes effective during the term of this Coverage Part; and
2) was executed prior to:
a) the bodily injury or property damage; or
b) the offense that caused the personal and advertising injury,
for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the
Insurer will not provide such additional insured with:
1) a higher limit of insurance than required by such contract or agreement; or
2) coverage broader than required by such contract or agreement, and in no event broader than that
described by the applicable paragraph A. through H. below.
Any coverage granted by this endorsement shall apply only to the extent permissible by law.
A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such
person or organization's liability for bodily injury, property damage or personal and advertising injury
arising out of:
1. such person or organization's financial control of a Named Insured; or
2. premises such person or organization owns, maintains or controls while a Named Insured leases or
occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new
construction or demolition operations performed by, on behalf of, or for such additional insured.
B. Co-owner of Insured Premises
A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with
respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury
as co-owner of such premises.
C. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability
for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the
Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving
rise to such bodily injury, property damage or the offense giving rise to such personal and advertising
injury takes place prior to the termination of such lease.
D. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for
bodily injury, property damage or personal and advertising injury arising out of the ownership,
maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property
damage or the offense giving rise to such personal and advertising injury takes place prior to the
termination of such lease. The coverage granted by this paragraph does not apply to structural alterations,
new construction or demolition operations performed by, on behalf of, or for such additional insured.
CNA74705XX (1-15)
Page 2 of 17
Policy No: 5095050641
Endorsement No:1
Insured Name: B&B Nurseries, Inc. DBA: The Landscape Center
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
DocuSign Envelope ID: 9838906A -00313-4l F6-8D00-2E462682631D
cera
Contractors' General Liability Extension Endorsement
E. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate
manager, but only with respect to liability for bodily injury, property damage or personal and advertising
injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named
Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the
offense giving rise to such personal and advertising injury, takes place prior to the termination of such
lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or
demolition operations performed by, on behalf of, or for such additional insured.
F. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or
receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the
Named Insured's ownership, maintenance, or use of a premises by a Named Insured.
The coverage granted by this paragraph does not apply to structural alterations, new construction or
demolition operations performed by, on behalf of, or for such additional insured.
G. State or Governmental Agency or Subdivision or Political Subdivisions — Permits
A state or governmental agency or subdivision or political subdivision that has issued a permit or
authorization but only with respect to such state or governmental agency or subdivision or political
subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of:
1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to
which this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings,
canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings,
sidewalk vaults, street banners, or decorations and similar exposures; or
b. the construction, erection, or removal of elevators; or
c. the ownership, maintenance or use of any elevators covered by this insurance; or
2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's
behalf.
The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations
performed for the state or governmental agency or subdivision or political subdivision; or
b. Bodily injury or property damage included within the products -completed operations hazard.
With respect to this provision's requirement that additional insured status must be requested under a written
contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the
Named Insured to add the governmental entity as an additional insured.
H. Trade Show Event Lessor
1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or
displayer, any person or organization whom the Named Insured is required to include as an additional
insured, but only with respect to such person or organization's liability for bodily injury, property
damage or personal and advertising injury caused by:
a. the Named Insured's acts or omissions; or
b. the acts or omissions of those acting on the Named Insured's behalf,
CNA74705XX (1-15)
Page 3 of 17
Policy No: 5095050641
Endorsement No: 1
Insured Name: B&S Nurseries, Inc. DBA: The Landscape Center
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
DocuSign Envelope ID: 9838906A-0038-41 F6 -8D00 -2E462682631 D
cera
Contractors' General Liability Extension Endorsement
in the performance of the Named Insured's ongoing operations at the trade show event premises during
the trade show event.
2. The coverage granted by this paragraph does not apply to bodily injury or property damage included
within the products -completed operations hazard.
2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE
The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended
to add the following paragraph:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-
contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will
not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own
insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding
anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is
excess of any other insurance available to such person or organization.
3. BODILY INJURY — EXPANDED DEFINITION
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:
Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation,
shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of
the physical injury, sickness or disease.
4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is
amended to add the following provisions:
A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer's authorized representative notice of an
occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person
Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee
designated by any of the above to give such notice.
B. NOTICE OF OCCURRENCE
The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to
give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named
Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage
Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the
Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense
or claim.
5. BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:
3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has
management control:
a. on the effective date of this Coverage Part; or
b. by reason of a Named Insured creating or acquiring the organization during the policy period,
qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary,
contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would
have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is
broader or narrower than that provided by this insurance.
CNA74705XX (1 - 15)
Page 4 of 17
Policy No:5095050641
Endorsement No:1
Insured Name: B&B Nurseries, Inc. DBA; The Landscape Center
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
DocuSign Envelope ID: 9838906A-0038-41 F6 -8D00 -2E462682631 D
CNA
Contractors' General Liability Extension Endorsement
d) explosion,
B. The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages
arising out of any one occurrence because of property damage to your product and your work that is
caused by fire, smoke, collapse or explosion and is included within the product -completed operations
hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work
out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor.
C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not
apply if an endorsement of the same name is attached to this policy.
7. CONTRACTUAL LIABILITY — RAILROADS
With respect to operations performed within 50 feet of railroad property, the definition of insured contract is
replaced by the following:
Insured Contract means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that
indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or
temporarily occupied by a Named Insured with permission of the owner is not an insured contract;
b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a
municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to the Named Insured's business (including an
indemnification of a municipality in connection with work performed for a municipality) under which the
Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a
third person or organization, Tort liability means a liability that would be imposed by law in the absence of any
contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; or
b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or
damage;
2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage
arising out of the insured's rendering or failure to render professional services, including those listed in
1) above and supervisory, inspection, architectural or engineering activities.
8. ELECTRONIC DATA LIABILITY
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following:
This insurance does not apply to:
p. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability
Damages arising out of:
CNA74705XX (1-15)
Page 6 of 17
Policy No: 5095050641
Endorsement No: 1
Insured Name: B&B Nurseries, Inc. DBA: The Landscape Center
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services office, Inc., with its permission.
DocuSign Envelope ID: 9838906A-0038-41 F6-8D00-2E462682631D
CHA
Contractors' General Liability Extension Endorsement
10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the
following:
This insurance does not apply to:
Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured, This exclusion
does not apply to bodily injury or property damage resulting from the use of reasonable force to protect
persons or property.
11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT
A. For each construction project away from premises the Named Insured owns or rents, a separate
Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in
the Declarations, is the most the Insurer will pay for the sum of:
1. All damages under Coverage A, except damages because of bodily injury or property damage
included in the products -completed operations hazard; and
2. All medical expenses under Coverage C,
that arise from occurrences or accidents which can be attributed solely to ongoing operations at that
construction project. Such payments shall not reduce the General Aggregate Limit shown in the
Declarations, nor the Construction Project General Aggregate Limit of any other construction project.
B. All:
1. Damages under Coverage B, regardless of the number of locations or construction projects involved;
2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing
operations at a single construction project, except damages because of bodily injury or property
damage included in the products -completed operations hazard; and
3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing
operations at a single construction project,
will reduce the General Aggregate Limit shown in the Declarations.
C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for
Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate
Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can
be attributed solely to ongoing operations at a particular construction project.
D. When coverage for liability arising out of the products -completed operations hazard is provided, any
payments for damages because of bodily injury or property damage included in the products -completed
operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the
Declarations, regardless of the number of projects involved.
E. If a single construction project away from premises owned by or rented to the Insured has been abandoned
and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs,
specifications or timetables, the project will still be deemed to be the same construction project.
F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to
apply as stipulated.
CNA74705XX (1-15)
Page 8 of 17
Policy No: 5095050641
Endorsement No; 1
Insured Name: B&B Nurseries, Inc. DBA: The Landscape Center
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
DocuSign Envelope ID: 9838906A-0038-41 F6-8D00-2E462682631D
cera
Contractors' General Liability Extension Endorsement
A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a
5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a
1,000, limit.
24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named
Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.
25. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended
to add the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of
payments the Insurer makes for injury or damage arising out of:
1. the Named Insured's ongoing operations; or
2. your work included in the products -completed operations hazard.
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of
recovery in a written contract or written agreement, and only if such contract or agreement:
1, is in effect or becomes effective during the term of this Coverage Part; and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise
to the claim.
26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS
Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to
any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-
up) insurance program by applicable state statute or regulation.
If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another
exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor
Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply:
A. The following wording is added to the above -referenced endorsement:
With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or
was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to
pay as damages because of:
1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named
Insured's ongoing operations at the project, or during such operations of anyone acting on the Named
Insured's behalf; nor
2. Bodily injury or property damage included within the products -completed operations hazard that
arises out of those portions of the project that are not residential structures.
B. Condition 4. Other Insurance is amend to add the following subparagraph 4.b.(1)(c):
This insurance is excess over:
c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance
available to the Named Insured as a result of the Named Insured being a participant in a consolidated
wrap-up) insurance program, but only as respects the Named Insured's involvement in that
consolidated (wrap-up) insurance program.
GNA74705XX (1-15)
Page 16 of 17
Policy No: 5095050641
Endorsement No:1
Insured Name: B&B Nurseries, Inc. DBA: The Landscape Center
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
DocuSign Envelope ID: 9838906A-0036-41 F6 -8D00 -2E462682631 D
cera
Contractors' General Liability Extension Endorsement
C. DEFINITIONS is amended to add the following definitions:
Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which
the prime contractor/project manager or owner of the construction project has secured general liability
insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner
Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.).
Residential structure means any structure where 30% or more of the square foot area is used or is
intended to be used for human residency, including but not limited to:
1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit
developments; and
2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot
tubs, detached garages, guest houses or any similar structures).
However, when there is no individual ownership of units, residential structure does not include military
housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential
structure also does not include hospitals or prisons.
This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS
Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this
Coverage Part.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes
effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown
below, and expires concurrently with said Policy.
CNA74705XX (1 - 15)
Page 17 of 17
Policy No: 5095050641
Endorsement No: 1
Insured Name: B&B Nurseries, Inc. DBA: The Landscape Center
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
DocuSign Envelope ID: 9838906A -003B-41 F6 -8D00 -2E462682631 D
BUSINESS LICENSE
This business license is issued for revenue purposes only and does not grant authorization
to operate a business. This business license is issued without verification that the holder is
subject to or exempted from licensing by the state, county, federal government, or any
other governmental agency.
Business Name: THE LANDSCAPE CENTER
Business Location: 9505 CLEVELAND AVE
RIVERSIDE, CA 92503-6241
Owner Name(s): MARK BARRETT
THE LANDSCAPE CENTER
9505 CLEVELAND AVE
RIVERSIDE, CA 92503-6241
CITY OF LAKE ELSINORE
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
BUSINESS LICENSE NO. 020086
Business Type: LANDSCAPING CONTRACTOR
Description: LANDSCAPING CONTRACTOR
Issue Date: 5/1/2022 Expiration Date: 4/30/2023
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other
languages by going to: https://www.dca.ca.gov/publications/
TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE
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AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTOR SERVICES
Pursuit Electric
ON-CALL SERVICES
This Amendment No. 1 to Agreement for On-Call Services is made and entered into as of
1/9/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), Pursuit
Electric, a (“Contractor”).
RECITALS
A. The City and Contractor have entered into that certain Agreement for on call services
dated as of 1/24/2023, (the “Original Agreement”). Except as otherwise defined herein, all
capitalized terms used herein shall have the meanings set forth for such terms in the Original
Agreement.
B. The Original Agreement provided for compensation to Contractor in an amount of
two hundred and fifty thousand dollars and no cents ($250,000.00).
C. The Original Agreement had a term of one year with three one-year renewal
options, commencing on 1/24/2023 and ending on 6/30/2024.
D. The parties now desire to amend the agreement and increase the payment for such
services as set forth in this Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Contractor agree as follows:
1. Section 3, Compensation, of the Original Agreement is hereby amended to read in
its entirety as follows:
Notwithstanding the foregoing, for purposes of Amendment No. 1 and the
term thereof, compensation to be paid to Contractor shall be in accordance
with the Schedule of Charges set forth in Contractor’s Proposal
(referenced collectively as Exhibit A-1 Amendment No. 1). In no event
shall Contractor’s compensation related to Exhibit A-1 to Amendment No.
1 exceed seventy fifty thousand dollars and no cents ($75,000.00) without
additional written authorization from the City Council. Annual compensation
during each renewal term, if any, shall not exceed three hundred twenty-
five thousand Dollars ($325,000.00).
Notwithstanding any provision of Contractor’s Proposal to the contrary, out
of pocket expenses set forth in Exhibit A-1 respectively, shall be
reimbursed at cost without an inflator or administrative charge. Payment
by City under this Agreement shall not be deemed a waiver of defects,
even if such defects were known to the City at the time of payment.
2. Except for the changes specifically set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed
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on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Pursuit Electric
City Manager
Date:
Jed Miller, Owner
Date: __
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A-1 – Contractor’s Proposal
EXHIBIT A-1
CONTRACTOR’S PROPOSAL
[ATTACHED]
Attachment “A-1”
PURSUIT ELECTRIC
Cost Proposal Sheet – General Maintenance Services
Please provide the fee quotes as follows (Include a schedule of rates by classification hourly
rates):
In the column labeled “Bidder Notes” mark each maintenance area beginning with 1 to 11
(1=most preferred area, 11= least preferred area). Please attach additional pages if necessary.
GENERAL MAINTENANCE SERVICES WAGE RATES
Constructi
on &
Maintenan
ce Area
*Normal Business
Hours Rate
**Emergency and
After Hours Rate
Unit of
Meas
ure
(Hourl
y,
½ Hour
Etc…)
Subcontrac
tor Services
Yes / No
Bidder Notes
( Attached if Needed)
Non-Pre
vai ling
Wage
Rate
Prevailing
Wage Rate
Non-Pre
vai ling
Wage
Rate
Prevaili
ng
Wage
Rate
Carpe
ntry
Finish Wood
Working
Plumbing
Electrical 91.00 107.00 120.00 145.00 Hourly No 1
Concrete
and
Masonry
HVAC
Painting
Sheet Metal
Dry Wall
Roofing
Irrigation
Repair
Material Markup: _____20_______ % (percent)
*Normal Business Hours: 7:30 a.m. to 5:30 p.m. (Monday – Friday)
**Emergency and After Hours Service: 5:30 p.m. to 7:30 a.m. (Weekends and Holidays)
AGREEMENT FOR CONTRACTOR SERVICES
Pursuit Electric LLC
ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the "Agreement") is made and entered into as of
January 24, 2023 by and between the City of Lake Elsinore, a municipal corporation (the "City") and
Pursuit Electric LLC, a Limited Liability Corporation (the "Contractor").
RECITALS
A.The City has determined that it requires the following services:
On-call minor construction and repir services
B.The City has prepared a request for a proposals and Contractor has submitted to City a proposal,
dated September 8, 2022, both of which are attached hereto as Exhibit A (collectively, the
Contractor's Proposal") and incorporated herein, to provide services and related work to the City
pursuant to the terms of this Agreement.
C.Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms and
conditions Agreement.
AGREEMENT
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 minor construction support
on an as needed basis.
2.Time of Performance.
a.Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the services and related work to be performed by Contractor
is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the
services and related work contemplated pursuant to this Agreement consistent with Contractor's
Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools,
expendable equipment, and all taxes, utility and transportation services required to perform such the
services and related work.
b.Performance Schedule. Contractor shall commence the services and related
work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services and related work within the time period(s) established in the Contractor's Proposal (Exhibit
A). When requested by Contractor, extensions to the time period(s) specified may be approved in
writing by the City Manager.
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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 24, 2023 and ending June 30, 2023. The City may, at its
sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 3 additional
twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty
30)days before the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services
performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by
the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work
or services as all work or services shall be authorized through a Task/Work Order issued by the City.
3.Compensation. Compensation to be paid to Contractor shall be in accordance with
the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated
herein by reference. In no event shall Contractor's annual compensation exceed two hundred fifty
thousand dollars and no cents ($250,000.00) without additional written authorization from the City.
Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set
forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment
by City under this Agreement shall not be deemed a waiver of defects, even if such defects were
known to the City at the time of payment.
4.Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such services
and related work were performed. Contractor's bills shall be segregated by project task, if applicable,
such that the City receives a separate accounting for work done on each individual task for which
Contractor provides services. Contractor's bills shall include a brief description of the services
performed, the date the services were performed, the number of hours spent and by whom, and a
description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45)
days after receipt of the monthly invoice by City staff.
5.Background Checks. At any time during the term of this Agreement, the City reserves
the right to make an independent investigation into the background of Contractor's personnel who perform
work required by this Agreement, including but not limited to their references, character, address history,
past employment, education, social security number validation, and criminal or police records, for the
purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service
or pose a risk to the safety of persons or property in and around the vicinity of where the services will be
rendered or City Hall. If the City makes a reasonable determination that any of Contractor's prospective
or then current personnel is deemed objectionable, then the City may notify Contractor of the same.
Contractor shall not use that personnel to perform work required by this Agreement, and if necessary,
shall replace him or her with a suitable worker.
6.Suspension or Termination.
a.The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (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 to the City, pursuant to Section entitled "Method of
Payment" herein.
7.Plans, Reports, Documents
a.Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the course
of implementing this Agreement, except working notepad internal documents, shall become the
property of the City upon payment to Contractor for such work, and the City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or to any other
party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents
and other writings to City upon written request. City shall have sole determination of the public's
rights to documents under the Public Records Act, and any third-party requests of Contractor shall
be immediately referred to City, without any other actions by Contractor.
b.Licensing of Intellectual 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.
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 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.In depe nde nt Contractor.
a.Contractor is and shall at all times remain as to the City a wholly independent
contractor pursuant to California Labor Code Section 3353. The personnel performing the services
under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive
direction and control. Neither City nor any of its officers, employees, or agents shall have control
over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set
forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of
its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever
against City, or bind City in any manner.
b.Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby agree
to waive any claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any
contribution to be paid by City for employer contribution and/or employee contributions for PERS
benefits.
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 control and direction
of the City or of any City official, other than normal agreement monitoring; and
b.possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)
12.Ability of Contractor. City has relied upon the training and ability of Contractor to
perform the services hereunder as a material inducement to enter into this Agreement. Contractor
shall therefore provide properly skilled personnel to perform all services under this Agreement. All
work performed by Contractor under this Agreement shall be in accordance with applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of competent
contractors in Contractor's field of expertise.
13.Compliance with Laws.
a.Contractor shall comply with all local, state and federal laws and regulations
applicable to the services required hereunder, including any rule, regulation or bylaw governing the
conduct or performance of Contractor and/or its employees, officers, or board members.
b.Contractor represents that it has obtained and will maintain at all times during
the term of this Agreement all professional and/or business licenses, certifications and/or permits
necessary for performing the services described in this Agreement, including a City business license.
14.Licenses. Contractor represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor
to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole
cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses,
permits, insurance and approvals which are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Lake Elsinore business license.
15.Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury,
loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance,
to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of
Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly
liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not
apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole
negligence or willful misconduct of the City or its officers. employees. agents. or volunteers and (2)
the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the
injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor
to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the
California Civil Code. Acceptance by City of insurance certificates and endorsements required under
this Agreement does not relieve Contractor from liability under this indemnification and hold
harmless clause. This indemnification and hold harmless clause shall apply 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' Compensat ion, shall bear an endorsement whereby it is provided that, the City and its
officers, employees, servants, volunteers and agents and independent contractors, including without
limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall
be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits
to coverages.
ii.This policy shall be considered primary insurance as respects the City,
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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 have, shall be considered
excess insurance only and shall not contribute with it.
iii.This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of liability of the
insuring company.
iv.The insurer waives all rights of subrogation against the City, its elected
or appointed officers, officials, employees or agents.
v.Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or
volunteers.
vi.The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been
received by the City.
c.Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City's option, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d.Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein. Certificates
of such insurance shall be filed with the City on or before commencement of performance of this
Agreement. Current certification of insurance shall be kept on file with the City at all times during the
term of this Agreement.
17.Notices. Any notice required to be given under this Agreement shall be in writing and
either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the
other party at the address set forth below. Notice shall be deemed communicated within 48 hours
from the time of mailing if mailed as provided in this section.
If to City:
With a copy to:
If to Contractor:
City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
Pursuit Electric LLC
Attn: Jed Miller
151 South Ralph Rd
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 City to pay or to see
to the payment of any monies due to any such subcontractor other than as otherwise is required by
law.
19.Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20.Litigation Expenses and Attorneys' Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys' fees.
21.Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable
to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS
shall provide the parties with the names of five qualified mediators. Each party shall have the option
to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall
hear the dispute. If the dispute remains unresolved after mediation, either party may commence
litigation.
22.Prohibited Interests. Contractor maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Contractor, to
solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed
to pay any company or person, other than a bona fide employee working solely for Contractor, any
fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall have
the right to rescind this Agreement without liability. For the term of this Agreement, no member,
officer or employee of City, during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23.Equal Opportunity Employment. Contractor represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24.Prevailing Wages. Contractor is aware of the requirements of California Labor Code
Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section
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,
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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"
Pursuit Electric LLC, a Limitied Liability
Corporation
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City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A -Contractor's Proposal
By: Jed Miller
Its: Owner
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fu,
November 9,2022
City of Lake Elsinore
Attention: Jason Simpson
1 30 South Main Street
Lake Elsinore, Ca 92530
Subject: Proposal for On-Call Electrical Services
Mr. Simpson,
Pursuit Electric lnc. is a licensed electrical contractor that has been doing work for the
City of Lake Elsinore for the past year. We specialize in all aspects of the electrical trade
from commercial T.l.'s, new construction, maintenance, troubleshoot and service work.
Our hourly rate for electrical work is $85/hour and mark up on material is 20%, which
includes a 1 year warranty on all workmanship and material defects. Pursuit Electric lnc.
has been involved with the City of Lake Elsinore, including the new Launch Pointe
campground, The Bobber, Diamond Stadium's warm up building, as well as various
other troubleshooling and repair projects. lt has been an honor to work for the city that I
grew up in and I hope to continue to serve Lake Elsinore for years to come.
Sincerely,
Jed Miller
Pursuit Electric lnc.
1831 Mccormack Ln, Placenlia, Ca 92870
951 )609-5675 ied @ PursuitElectriclnc.com
DocuSign Envelope ID: 50F2D299-9388-48DA-BF93-D0C76233003C
02/09/2023
Baccarella Insurance Services, Inc.
3610 Central Ave. Suite #200
Riverside CA 92506-
877)687-6987
Continental Casualty Company
Pursuit Electric, Inc.
1831 McCormack Lane
Placentia CA 92870-
20443
Angelica Jensen
Angelica@bacins.com
877)373-5608
X
X
X
C6983356340A 10/14/2022 10/14/2023 1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
Prod Comp Ops
EXEMPT
RE:. The Cirty of Lake Elsinore its officers and employees are hereby added as additional insured's as their interest may appear per the attached blanket AI
form#NXGL 189 0511 with primary and waiver coverage included.
AI 015021
130 South Main Street
Lake Elsinore CA 92530-
City of Lake Elsinore
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
FAXPHONE
A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICYEXPTYPEOFINSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $
PRO-
POLICY LOC PRODUCTS - COMP/OP AGG $JECT
OTHER:$
COMBINED SINGLE LIMIT $(
Ea accident)
ANY AUTO BODILY INJURY (Per person)$
OWNED SCHEDULED BODILY INJURY (Per accident)$
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $$
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks ofACORDACORD25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DocuSign Envelope ID: 50F2D299-9388-48DA-BF93-D0C76233003C
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
A/C, No):
FAX
E-MAILADDRESS:
PRODUCER
A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
Per accident)
Ea accident)
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOSONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
EROTH-STATUTEPER
LIMITS(MM/DD/YYYY)
POLICY EXP(
MM/DD/YYYY)POLICYEFFPOLICYNUMBERTYPEOFINSURANCELTRINSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
AGGREGATE
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG
GENERAL AGGREGATE
PERSONAL & ADV INJURY
MED EXP (Any one person)
EACH OCCURRENCE
DAMAGE TO RENTED $
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
DocuSign Envelope ID: 50F2D299-9388-48DA-BF93-D0C76233003C
CERTIFICATE OF EXEMPTION FROM WORKERS’ COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this
Agreement is entered into, I shall not employ any person in any manner so as to
become subject to the Worker’s Compensation Laws of the State of California.
Executed on _______________________, at Lake Elsinore, California.
Contractor Jed Miller, OwnerPursuitElectricInc.
DocuSign Envelope ID: 50F2D299-9388-48DA-BF93-D0C76233003C
2/21/2023 | 8:34 AM PST
CITY OF LAKE ELSINORE
TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:
Business Location:
Owner Name(s):
BUSINESS LICENSE NO.
Issue Date: Expiration Date:
BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
1831 MCCORMACK LN Business Type:
PLACENTIA, CA 92870-2832
PURSUIT ELECTRIC INC.
1831 MCCORMACK LN
PLACENTIA, CA 92870-2832
This business license is issuedfor revenue purposes only anddoes not grant authorization
to operate a business. This business license is issuedwithout verificationthat the holder is
subject to or exempted from licensing by the state, county, federal government, or any
other governmental agency.
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
PURSUIT ELECTRIC INC.
PURSUIT ELECTRIC INC.
ELECTRICAL CONTRACTOR
026526
2/1/2023 1/31/2024
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other
languages by going to: https://www.dca.ca.gov/publications/
DocuSign Envelope ID: 50F2D299-9388-48DA-BF93-D0C76233003C