HomeMy WebLinkAboutItem No. 21 - Agreement with Paul Davis Restoration for On-Call Construction & Repair Services21)Agreement with Shapiro Property Services, Inc. (DBA Paul Davis Restoration) for On-
Call Construction and Repair Services
Approve and authorize the City Manager to execute an agreement with Shapiro Property
Services, Inc. (DBA Paul Davis Restoration) in an amount not to exceed $200,000 for On-
Call construction and repair services in such final form as approved by the City Attorney.
Page 1 of 2
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Rick De Santiago, Public Works Manager
Date:August 12, 2025
Subject:Agreement with Shapiro Property Services, Inc. (DBA Paul Davis
Restoration) for On-Call Construction and Repair Services
Recommendation
Approve and authorize the City Manager to execute an agreement with Shapiro Property
Services, Inc. (DBA Paul Davis Restoration) in an amount not to exceed $200,000 for On-Call
construction and repair services in such final form as approved by the City Attorney.
Background
On-call contracts enable the City of Lake Elsinore to respond swiftly and efficiently to construction
and repair needs through pre-established terms and pricing. These agreements are especially
valuable when the City lacks internal resources or faces urgent, unforeseen situations that require
immediate attention. On-call and minor construction services are essential for preserving public
infrastructure, maintaining city amenities, and ensuring the timely execution of small-scale
projects that support the community’s overall functionality and appearance.
Discussion
The selected on-call contractor will be responsible for performing a wide range of repair and minor
construction services as needed by the City. Each assigned task will be formally proposed in
writing, thoroughly reviewed by city staff, and, if necessary, negotiated to ensure fair pricing and
scope of work. No work will proceed without prior written approval. This agreement is essential to
ensure the City maintains reliable, flexible support to meet immediate operational needs, respond
to urgent infrastructure issues, and carry out minor construction projects that uphold public safety
and service continuity.
Shapiro Property Services (DBA Paul Davis Restoration) – On-Call construction services
Page 2 of 2
Fiscal Impact
Funds are budgeted in the Fiscal Year 2025-26 budget.
Attachments
Attachment 1 - Agreement
Exhibit A - Proposal
Public Works
Page 1
AGREEMENT FOR CONTRACTOR SERVICES
Paul Davis Restoration
ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of
August 12, 2025 by and between the City of Lake Elsinore, a municipal corporation (the “City”) and
Paul Davis Restoration, a Corporation (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 June 30, 2025, 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.
Page 2
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 July 1, 2025 and ending June 30, 2028. 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 two hundred
thousand dollars and no cents ($200,000.00) 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
Page 3
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
Page 4
required by law, from the date of termination or completion of this Agreement.
c.Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business hours,
upon written request by the City Manager, City Attorney, City Auditor or a designated representative
of these officers. Copies of such documents shall be provided to the City for inspection at City Hall
when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records
shall be available at Contractor's address indicated for receipt of notices in this Agreement.
d.Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may,
by written request by any of the above-named officers, require that custody of the records be given
to the City and that the records and documents be maintained in City Hall. Access to such records
and documents shall be granted to any party authorized by Contractor, Contractor's representatives,
or Contractor's successor-in-interest.
9.Independent Contractor.
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.
Page 5
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.
Page 6
16.Insurance Requirements .
a.Insurance. Contractor, at Contractor's own cost and expense, shall procure
and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following
insurance policies.
i.Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with
the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly
maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation
or non-renewal of all Workers' Compensation policies must be received by the City at least thirty
(30) days prior to such change. The insurer shall agree to waive all rights of subrogation against
City, its officers, agents, employees and volunteers for losses arising from work performed by
Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance
and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of
California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation
Insurance in a form approved by the City Attorney.
ii.General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence
for bodily injury, personal injury and property damage. If a commercial general liability insurance
form or other form with a general aggregate limit is used, either the general aggregate limit shall
apply separately to the work to be performed under this Agreement or the general aggregate limit
shall be at least twice the required occurrence limit. Required commercial general liability coverage
shall be at least as broad as Insurance Services Office Commercial General Liability occurrence
form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404 covering
Broad Form Comprehensive General Liability. No endorsement may be attached limiting the
coverage.
iii.Automobile Liability Coverage. Contractor shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the Contractor
arising out of or in connection with the work to be performed under this Agreement, including
coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars
($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at
least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1
("any auto"). No endorsement may be attached limiting the coverage.
b.Endorsements. Each general liability and automobile liability insurance policy
shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the
following specific language :
i.Notwithstanding any inconsistent statement in any required insurance
policies or any subsequent endorsements attached thereto, the protection offered by all policies, except
for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its
officers, employees, servants, volunteers and agents and independent contractors, including without
limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall
be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits
to coverages.
ii.This policy shall be considered primary insurance as respects the City,
Page 7
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: Paul Davis Restoration
Attn: Eli Shapiro
4110 Tigris Way
Riverside, CA 92503
Page 8
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 9
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”
Paul Davis Restoration, a Corporation
Page 10
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
By: Eli Shapiro
Its: President
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
PAUL DAVIS RESTORATION
2025-2026 RATE AND MATERIALS SCHEDULE (PREVAILING WAGE)
Price list valid through 6/30/2026
I. Project Personnel & Labor Provisions
All Management Labor Unit PW Mitigation Labor (subject to OT)Unit
Project Coordinator HR $155.00 Remediation Supervisor HR $152.85
Project Manager HR $130.00 Remediation Technician HR $124.88
Assistant Project Manager HR $75.00 Hazardous Supervisor (Mold/ Cat 3)HR $152.85
Estimator HR $105.00 Hazardous Technician (Mold/ Cat 3)HR $124.88
Consultant HR $135.00
Controller or Sr Project Auditor HR $95.00 Contents Labor (subject to OT)Unit Rate
Administrative Assistant HR $45.00 Contents/Inventory/Restoration Supervisor HR $152.85
Job Cost Auditor HR $60.00 Contents/Inventory/Restoration Technician HR $124.88
Health and Safety Officer HR $95.00
Reconstruction (subject to OT)Unit
Off-Site General Labor (subject to OT)Unit Rate Supervisor / Project Manager HR $148.95
General Labor (Non-Prevailing Wage Work)HR $67.00 Reconstruction Technician HR $124.88
II. Scheduled Equipment
Logistical Support Unit Equipment Unit
Off-Site Logistical Support (See details above)% Air Mover - Axial / Centrifugal DA $35.54
Air Scrubber / Negative Air (Large)DA $133.90
Daily Equipment Packages Unit Rate Air Scrubber / Negative Air (XL, 700-2000CFM)DA $145.00
Daily Management Equipment Package DA $15.45 Dehumidifier - (up to 159ppd)DA $133.90
Daily PPE and Small Tools Package DA $18.54 Dehumidifier - (160ppd and higher)DA $159.65
Flex Duct - 25' Section (12" - 36")DA $20.60
Remediation Tools Unit Pump - Trash w/2" Hose DA $143.17
Borescope DA $57.68 Pump - Trash Diesel w/4" Hose DA $211.15
Infrared Camera DA $128.75 Water Extraction Unit - Portable DA $159.65
Foam Sprayer - Electric DA $103.00 Water Extraction Unit - Truck / Trailer Mount DA $576.80
Pressure Washer (3500 PSI) DA $103.00 Floor Extraction Mat System (<6 mats 100-400 sf)DA $185.81
Pressure Washer - Hot DA $154.50 Wall Cavity Drying-Inj. Type (Viking system or equiv)DA $141.00
Saw - Chain DA $46.35 Equipment Decontamination - Small EA $26.53
Vacuum - HEPA Backpack DA $66.95 Equipment Decontamination - Large EA $38.93
Vacuum - Upright Carpet / Shop Vac DA $26.27 Air Compressor - Electric DA $38.11
Zip Poles (pair)DA $25.75 Airless Paint Sprayer DA $185.40
Hydroxyl Machine - XL3 (w/o Air Mover)DA $206.00 Baker Scaffold (per 6' section)DA $35.02
Ozone Generator DA $133.90 Dolly / Wheelbarrow DA $8.76
Thermal Fogger - Commercial DA $111.24 Floor Buffer DA $87.55
Thermal Fogger - Electric DA $39.14 Floor Maintainer - Walk Behind DA $226.60
ULV Fogger DA $72.00 Heater, 300K BTU Indirect Diesel w/25’ Duct DA $211.15
Insulation Removal Machine DA $165.00
Ladder - Step / Extension DA $12.36
Mop Buckets (w/wringer)DA $7.21
Power Distribution Unit Rate Temporary Lighting - Free Standing / String DA $24.72
Generator - 5 KW (triple shift)DA $123.60 Tilt / Demo Cart DA $36.05
Generator - 20 KW (triple shift)DA $350.20
Cable - Spider 2/5 (25' Section)DA $25.75 Vehicles
Cable - 6/4 SO (25' Section)DA $25.75 Job Vehicle - Sedan / SUV Mile $0.15 DA $0.15
Cable - Generator 4/0 (25' Section)DA $36.05 Truck - 1/2-Ton / Standard Mile $0.18 DA $0.18
Extension cord - power (25' Section)DA $25.75 Truck - 1-Ton Mile $0.22 DA $0.22
Distribution Box (spider box)DA $41.20 Truck - 26' Straight / Box Mile $0.26 DA $0.26
Generator Service/Oil Change (weekly)EA $375.95 Truck - Tractor / Semi Mile $0.28 DA $0.28
Van - 1-Ton Van / 10-Pass.Mile $0.22 DA $0.22
Van - Box Mile $0.27 DA $0.27
Fuel will be charged at market rates for all equipment, plus 20%
Trailers & Storage
Trailer - 48-53' Enclosed Equipment (>10K GVW)DA $160.68
Trailer - Office / Construction DA $97.85
Container Box DA $56.65
25-30 Yard Dump Trailer Apprx 4-6 Tons of Debris (7 Days)EA $810.00
Rate Rate
Rate
Cryo and Dry Ice Blasting is charged at cost + 20% of bid item
Generator and power distribution price is subject to change to cost + 20% of bid item
Rate Rate
5%
Rate
Page 1 of 4 Updated 6/30/2025 Effective through June 30, 2026
PAUL DAVIS RESTORATION
2025-2026 RATE AND MATERIALS SCHEDULE (PREVAILING WAGE)
III. Scheduled Materials & Consumables
Consumables - Equipment Unit Consumables Unit Rate
Air Scrubber - HEPA Filter EA $231.75 Box - Small w/Paper and Tape EA $4.62
Air Scrubber - Pleated Filter EA $12.36 Box - Medium w/Paper and Tape EA $6.13
Air Scrubber - Pre Filter EA $3.09 Box - Wardrobe (or similar)EA $33.94
Air Scrubber - Lay-Flat Duct - 20"RL $158.21 Box - Picture EA $8.44
Dehumidifier - Pleated Filter EA $11.74 Bubble Wrap RO $70.56
Dehumidifier - Pre Filter EA $6.59 Contact Cleaner CAN $10.68
HEPA Vacuum - Filter EA $144.20 Filter - Deionizer EA $71.19
HEPA Vacuum - Bags EA $4.64 Furniture Blanket DA $3.25
HEPA Vacuum - Bonnets EA $5.15 Furniture Blocks EA $0.12
Saw Blades - Remediation/Kett EA $15.45 Microfiber Cloths CASE $21.87
Upright / Shop Vacuum - Bags EA $6.13 Parts Bags BX $13.60
Insulation - Bags EA $24.00 Packing Paper BX $3.19
Containment Zipper EA $24.72
Chemicals Unit Rate Floor Protection - Ram Board RO $100.94
Carpet Cleaner - Fiber Fresh QT $13.95 Paint Brush EA $13.34
Degreaser - Benefect Atomic GAL $57.68 Paint Roller EA $11.28
Degreaser - Degrease All GAL $21.67 Paint Roller Pan EA $6.13
Degreaser - Degrease All E GAL $28.23 Soot Sponge EA $4.07
Degreaser - Fire Ball Cleaner QT $7.46 Sweeping Compounds BX $25.97
Deodorizer - Matrix Fresh (Cherry or Lemon)GAL $20.69 Rags - Cotton Cloth LB $5.15
Deodorizer - Molecule Plus 100 Odor Eliminator QT $25.74 Rags - Yellow Furniture (200/case)CASE $73.61
Deodorizer - ODORx Granular (or equivalent)QT $96.32 Barrier Fence RO $78.28
Deodorizer - Thermo 55 Cherry (Electronics Only) GAL $66.50 Floor Protection - Carpet Shield 24" x 200'RO $121.54
Disinfectant - Benefect Decon 30 GAL $50.47 Plastic Sheeting - 1.5 mil 20'x100' (Painters Plastic)RO $41.20
Disinfectant - Benefect Botanical GAL $57.49 Plastic Sheeting - 4 mil 20' x 100'RO $77.25
Disinfectant - Benefect Impact Cleaner GAL $43.25 Plastic Sheeting - 6 mil 20' x 100'RO $103.00
Drain Cleaner - Alive Liquid Bacteria QT $11.11 Shrink Wrap RO $18.54
Drain Cleaner - Alive Liquid Bacteria 5-GAL $11.11 Sticky Mats (pad of 30 tear-offs)EA $63.90
Mold Control - Concrobium GAL $32.95 Trash Bags - 4 mil (50-count)BX $74.92
Mold Stain Remover - Concrobium (Two part)6.9-OZ $77.24 Tape - Barricade (or equal)RO $16.48
Multi Purpose Cleaner (MPC) - Benefect GAL $52.98 Tape - Box/Clear (or equal)RO $3.09
Glass Cleaner CAN $8.24 Tape - Duct (or equal)RO $7.21
Isopropyl Alcohol 1-GAL $28.11 Tape - Foil RO $23.69
Leather Cleaner - Leather New Deep Restorer 19-OZ $14.43 Tape - Gorilla / Preservation (or equal)RO $16.48
Mold Resistant Coating - Fiber Lock 6000 5-GAL $286.37 Tape - Masking / Painters (or equal)RO $14.88
Oil Dry (50 lb. bag)EA $48.93
Pig Pad Kit EA $169.95 PPE Unit Rate
Remover - Goo Gone / Goof Off 8-OZ $7.09 Boots - Rubber (pair)PR $12.36
Rust Eradicator - Matrix QT $9.22 Confined Space Package EA $212.18
Stain Remover - Lift Off 19-OZ $12.98 Coverall Suit w/Hood & Boots EA $12.88
Stainless Steel Cleaner CN $7.83 Dust Mask - Disposable Particulate Filtering Facepiece BOX $60.77
Stripper - Zinsser DIF Liquid Wallpaper Remover GAL $18.48 Fall Protection - Harness & Lanyard (PFP)EA $38.11
Wood Cleaner - Murphy's Oil QT $3.78 Gloves - Cotton / Leather / Rubber / Rubber Coated EA $3.86
Deodorizer - Odor Counteracting Agent GL $41.20 Gloves - Nitrile (50 pairs)BOX $45.07
Disinfectant - Microban (or equal)GL $46.35 Rain Suit EA $14.37
Fungicidal Protective Coating - Fosters 40/20 GL $82.40 Respirator - Full/Half-Face (PRP)EA $30.90
Soot - Degreaser GL $36.05 Respirator - Cartridge P-100 (Standard)EA $10.89
Soot - Encapsulant GL $46.35 Mask N-95 EA $2.91
Lubricant - Greaseless LPS1 (11oz)11OZ $21.55
Lubricant - Greaseless LPS1 (5 gallon)5-GAL $201.35
Spray Adhesive CN $30.40
Spray Foam - Multipurpose CN $30.40
Labor Provisions
Rate
Standard Rate/Hour: The Standard Rate is the hourly rate for work performed during a standard work dy, per the included labor classification. Standard Work Day
is defined as Monday Friday 7:00 a.m.-3:30 p.m. All rates are for “open-shop” rates. Any Governmental imposed rates, prevailing wage, union wage, or rates
subject to collective bargaining, will be negotiated based on the area and rate schedule for that area. Shift Work is generally negotiated (per project) and can be
defined on the actual agreement at the time of execution to align to the "eight-hour rule."
Premium Rate/Hour: The Premium Rate/Hour billable as Overtime shall be billed at the rate of one and one half (1.5) times the standard rate per hour for work
performed by each person that works in excess of forty (40) hours per week, will be billed at (1.5) times the scheduled hourly rate. If a local authority dictates a
different overtime rate or overtime rules, Paul Davis Restoration will abide by that direction and adjust invoicing as required by local regulations. Any work performed
on a holiday shall be billed at a factor of two (2.0) times the standard rate/hour or as dictated by a governing authority.
Page 2 of 4 Updated 6/30/2025 Effective through June 30, 2026
PAUL DAVIS RESTORATION
2025-2026 RATE AND MATERIALS SCHEDULE (PREVAILING WAGE)
General
Scheduled Rates: All Scheduled Rates are subject to change any changes will be submitted to Client in writing prior to change taking effect. The rates contained
in this Schedule are exclusive of all federal, state and local taxes. PDR reserves the right to adjust the pricing of all materials and consumables based on market
driven conditions beyond our control.
Taxes and Related Fees: The rates contained in this Schedule are exclusive of all federal, state and local taxes. All taxes applicable to the work being performed
will be billed as a separate line item of the invoice. If the client is tax-exempt, they must make Paul Davis Restoration aware of this exemption and provide copies of
all such supporting tax-exempt documentation. Any taxes incurred by PDR prior to such notification of a Tax Exempt status, shall be reimbursed to PDR.
Off-Site Logistical Support: Off-site logistical (OSL) support covers costs that are not directly billed as line items within the invoice. These costs include, but are
not limited to: labor for management, technicians, administrative support staff, company owned office equipment, administrative supplies, administrative allowances
that support field operations (needed both before and after the job start/finish dates,) etc. A three percent (3%) fee is added to PDR's price list items, such as labor,
materials, equipment, and vehicles. OSL is not applied to reimbursables expenses, subcontractor invoices, or vendor invoices.
Equipment
Weekly Equipment Rates: If equipment runs for seven consecutive days, equipment will be billed at a discounted, weekly rate of five days out of seven days used
each week. If the equipment runs for 30 consecutive days, equipment will be billed at a discounted, monthly rate of 21 out of the thirty days it was used that month.
Daily Management Equipment Package: The daily management equipment package covers each manager's company-issued laptop, cellphone, mobile printer,
mobile scanner, mobile hotspot, camera, and radio. These items are not billed individually.
Daily PPE and Small Tools Package: The daily PPE and small tools package covers each worker's required daily PPE and small tools. PPE includes PDR logo'd
shirt, reflective vest (if required,) hard hat (if required,) safety glasses, dust masks, and nitrile gloves. Small tools include all non-powered tools with a retail value
less than $50.00. As required, supervisors will be issued a radio to communicate with the project management staff.
Materials/Consumables
The scheduled prices shall be charged for all solutions utilized in the performance of the services provided, whether shipped directly, dropped shipped by a third
party or locally purchased. The included list represents the more commonly used products. In the event a materials/supplies is specifically purchased for the
completion of the work, and that item is not identified in the pricelist, such materials/supplies purchased directly will be billed at cost plus a 20% markup.
Prevailing Wage: Rates for on-site labor have been adjusted to accommodate Prevailing Wages. Rates are subject to change and are based on determinations
made by the Director Of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1. Current rates
reflect Determination SC-23-102-2-2024-1 Issue Date: August 22, 2024. Current prevailing wage expiration dates June 30, 2026** with adjustments effective July 1,
2025. Prevailing Wage Rates are paid at rates determined by the DIR. Overtime rates apply to all overtime and Saturday labor. Double Time rates apply to all
Sunday and Holidays.
Asset Mobilization: Manager and crew travel time will be billed on a “port-to-port basis” (i.e. office/warehouse to jobsite and also jobsite back to office/warehouse).
Travel will be billed at the applicable labor rate per the labor classification. Paul Davis Restoration has assets located throughout the United States and will make
every attempt to reduce costs by mobilizing assets closest to the project site. Client is responsible for the mobilization and de-mobilization costs of vehicles,
equipment trailers, and other special equipment/assets required for the project. When circumstances beyond our control require personnel and/or equipment to be
delayed from beginning/continuing work, the standard rate/hour will be charged, per person or piece of equipment, based on actual time recorded per the daily
“Crew Activity Sheet.” All applicable labor associated fees will be applied.
Regional Modifier: Paul Davis Restoration reserves the right to, when working in and around metro areas such as San Francisco, Washington, DC, New York City
(including all boroughs), Alaska, and Hawaii, to apply a 25% premium to all labor rates in order to account for increased costs associated with the local
economy. This premium is the minimum and is subject to change, and any modifications to the multiplier will be submitted in writing and will become part of this
agreement.
Generators: There will be a minimum charge of (1) daily rate plus all costs incurred if power is restored upon arrival or Client cancels generator order. It is also
understood that Paul Davis Restoration makes no guarantees on timelines for arrival during a catastrophic event or any other circumstances beyond Paul Davis
Restorations’ control. Generator pricing is subject to change by vendor without notification. In the event that pricing is more than line item, the generator will be billed
at cost + 20% markup
Unscheduled Equipment: Any equipment ordered by the Client shall be billed at a minimum of one-day-rental, plus, any related charges such as, but not limited to:
labor, freight, taxes, and permits. This charge is applicable, whether equipment is used or not on the project. During the course of work, the company may find it
necessary to purchase equipment not scheduled under the “Daily Rate.” In those situations, the Daily Rate shall be an acceptable industry daily rental rate.
Subcontractor/Vendors
Subcontracted Labor: Subcontracted Labor are those outside services provided within the scope of the project, and incurred by Paul Davis Restoration in its
execution of the project. Subcontracted Labor will be scheduled based on the published Labor Classification and Hourly Rates listed, plus, all other applicable
billable items including, but not limited to: per diem, small tools, vehicles, mileage, lodging, etc. as published in this document and pertaining to this project.
Specialty/Licensed/Reconstruction Trades: Defined as, but not limited to, electrical, plumbing, mechanical, roofers, engineers, architects, and specialty trades,
will be billed at presented invoice amount plus a 20% markup.
Vendors: Defined as, but not limited to: supplier, vendor or other entity providing supplies or materials, will be billed at presented invoice amount plus a 20%
markup.
Page 3 of 4 Updated 6/30/2025 Effective through June 30, 2026
PAUL DAVIS RESTORATION
2025-2026 RATE AND MATERIALS SCHEDULE (PREVAILING WAGE)
Reimbursable Items
Travel: Travel costs such as, but not limited to airfare, rental cars, fuel receipts, tolls, and hotels will be billed at presented invoice plus 20% markup. Paul Davis
Restoration will bill for per diem (for out-of-town workers) at the published U.S. General Services Administration (GSA) rates per geographic area, per person, per
day for each day personnel are assigned and located at the project site, or if the project dictates that days for standby are required.
Vehicle Usage: All vehicles used at or for job performance will be itemized on the invoice and billed per day at the identified rate. Rental fuel receipts will be billed
at the presented invoice amount plus a 20% markup. Vehicles invoiced off of this time and materials price list will also bill a fuel surcharge, intended to only cover the
cost of the fuel receipts.
Permit and Related Fees: All permits, bonding, and other related fees will be invoiced at the incurred cost plus 20% markup.
Mold / Microbial Growth: Per IICRC S500 Standard and Reference Guide for Professional Water Damage Restoration, in situations where water intrusion has
resulted in mold growth, the use of an IEP (Indoor Environmental Professional) should be considered to determine the spread of contaminants and to establish the
scope of work. Please note that work performed is based on visual observations, not an IEP, unless protocols have been provided by a testing company. To properly
determine the scope of work to be performed and to check for any possible cross-contamination, we recommend that an IEP be utilized to perform testing and
provide remediation protocols. IEP services are billed and reimbursable at cost + 20%.
Mold Clearance Testing is required prior to removal of containment to ensure that spore counts are at an acceptable level. Clearance testing should be conducted
when mold remediation and cleanup efforts are completed but before containment is removed. Since mold is microscopic, Paul Davis will make every reasonable
effort to bring mold spore counts to acceptable levels deemed by an IEP, however should testing indicate that additional cleaning is necessary, additional charges
may apply. Should you elect to forego clearance testing, signature on our Waiver of Mold Testing and Release document is required.
Reconstruction and Construction
All construction related repairs are billed at labor plus materials.plus a markup of 10% overhead and 10% profit for general conditions and overhead. Materials
pricing is subject to vary on current market fluctuation(s). Rates may also be billed as specified under Specialty/Licenses/Reconstruction Trades listed above.
Page 4 of 4 Updated 6/30/2025 Effective through June 30, 2026