Open excavations on the Project Site shall be either backfilled by the end of each workday or secured with steel plates or temporary 6’ chain link fence as approved by the Engineer. 306-3.1 General
Add the following to the first paragraph:
No trenching operations requiring a permit shall be allowed until proof of a valid permit is submitted and approved to the satisfaction of the Engineer. The Contractors inability or delay in obtaining the permit shall not be cause for delay, additional contract days, and/or additional compensation.
306-3.3 Removal and Abandonment of Existing Conduits and Structures Replace the third paragraph with the following:
Structures shown on the Plans to be removed shall be removed to the full depth of the structure, including its foundation. Voids resulting from removed structures that are located in the pavement area and subject to traffic loads shall be filled with material approved by the Engineer and shall follow City Standards 602A and 602B for compaction requirements. Voids resulting from abandoned or removed structures not subject to traffic loads shall be filled with material approved by the Engineer and compacted to a relative compaction of 90%.
Add the following:
Contractor is responsible to coordinate necessary inspections with the appropriate utility owner prior to abandoning and/or removing existing facilities. 306-3.4 Minimum and Maximum Pipe Zone Trench Width.
Add the following:
There shall be no additional payments or deductions for variations in the trench excavation width. DRAFT
106
There shall be no direct payment for trench temporary and/or permanent pavement resurfacing. 306-4 SHORING AND BRACING
Add the following:
The Contractor shall furnish all labor, equipment and materials required to design, install, and remove shoring, sheeting, bracing, lagging, cribbing, piling, tiebacks, soil anchors, shields, temporary retaining structures or wall, or other types of support for the walls of all open excavations required for construction of this Project.
Add the following section:
306-4.1 Steel Plates
All open trenches within the traveled way shall be backfilled and patched by the end of each workday or covered with steel plates set flush with adjacent pavement. Plates shall be adequate to support traffic loadings without noticeable deflection and shall be required at all times.
Trench plate installation shall follow City Standard 602D.
Add the following section:
306-4.2 Measurement and Payment
Unless a separate bid item is provided for sheeting, shoring, and bracing, the cost of sheeting, shoring and bracing shall be included with related items of work including furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in providing trench safety, shoring orsloping of excavations; including, but not limited to, constructing trench shoring, design of the shoring system, removal and disposal of the shoring materials, obtaining all necessary permits from the Division of Occupational Safety and Health; all as shown on the Plans, as specified in the General conditions, Standard specifications, and these Special Provisions.
No additional payment will be made for sheeting, shoring, and bracing as a result of required revisions in the trench support details due to a type of soil encountered which requires a method of trench support different from that approved.
Steel plate bridging including, but not limited to, cold milling, plate installation, temporary cold mix asphalt, and subsequent plate removalshall be paid for as an incidental to the work for which the bridging is required and no separate payment shall be made therefore. 306-5 DEWATERING
Replace the entire subsection with the following:
The work shall include furnishing, installing, and operating a dewatering system capable of dewatering any excavation for any work in progress or planned, and subsequent removal ofsuch equipment from the DRAFT 107
site.
The Contractor shall limit the area to be excavated at any one time to that area which can be properly dewatered by the equipment in use. The equipment in use shall be both capable of removing any water that accumulates in the excavation and maintaining the excavation in a dry condition while construction is in progress. The surface of the ground adjacent to the trench shall be sloped away from the excavation or temporary dikes or pipe culverts shall be provided to prevent surface water from entering the excavation.
Disposal of the water from the dewatering system shall be done in such a way as not to damage, contaminate, or overload the existing drainage facilities in the area. The Contractor shall protect from injury any portion of the work completed or in progress such as street surfaces, lawns, or private property. No water shall be directed across a public street outside of the Worklimits.
All water encountered during trench excavation shall be disposed of by the Contractor in such a manner as to not damage public or private property, create a nuisance, or health menace. The Contractor shall furnish, install, and operate pumps, pipes, appliances, and equipment of sufficient capacity to keep all excavationsfree from water untilthe excavation is backfilled, unless otherwise authorized by the Engineer. The Contractor shall provide all means or facilities necessary to conduct water to the pumps.
Discharge of pumped groundwater shall be in conformance with the requirements of the Regional Water Quality Control Board, the County of Riverside Department of Environmental Health, the City of Lake Elsinore, and other agencies having jurisdiction. The Contractor shall obtain all required permits before pumped water from naturally occurring groundwater or from rainfall is discharged to any storm drain or sewer. A means shall be provided for desilting the water before discharging it where required by the Engineer or by the terms of the discharge permits.
Add the following section:
306-5.1 Measurement and Payment
Dewatering shall be paid at the unit price or lump sum price bid when such an item is provided or as incidental to the work for which the dewatering is required and no separate payment shall be made therefore.
306-6 BEDDING
306-1 General
Replace the first sentence of the first paragraph with the following:
Bedding material shall consist of clean sand or gravel and shall conform to section 217. Sand shall meet the gradation for Table 200-1.5.5.
306-7 PERFABRICATED GRAVITY PIPE
306-7.8 Gravity Pipeline Testing DRAFT
108
306-7.8.1 General
Add the following:
All storm drain lines lessthan 48 inches in diameter shall be inspected by closed circuit television paid for by the Contractor after installation of the pipe and prior to installation of permanent surface improvements. The video inspection shall be performed by an entity with the demonstrated experience to perform the inspection as approved by the Agency. 306-15 PAYMENT
Add the following:
Payment for underground conduit construction shall also include removal and disposal of excavated material not suitable for use as trench backfill. 306-15.9 Temporary Resurfacing
Replace entire subsection with the following:
Temporary bituminous resurfacing materials which are placed by the Contractor are for its convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement or as approved by the Engineer. No additional payment will be made for temporary bituminous resurfacing materials.
The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials.
In the event the Contractor does not place temporary resurfacing by end of workday of placing backfill, the Agency may furnish and place temporary resurfacing at the sole expense of the Contractor. The Agency shall deduct such expense from payments due to the Contractor. DRAFT 109
Add the following section:
SECTION 313 TRAFFIC SIGNING
Add the following section:
313-1 GENERAL
The Contractor shall provide and install all permanent traffic control signs as shown on plans and as specified herein. Traffic signs shall comply with Section 206-7, Traffic Signs.
This work shall include the furnishing and installation of new signs and posts, relocating, and resetting existing signs as indicated on the Plans with new post(s), and salvaging signs to the City Yard.
All work and materials shall conform to the provisions set forth in Section 56 of the latest issue as currently available of the State of California, Department of Transportation Standard Specifications entitled "Signs," except as noted otherwise in the following Technical Provisions.
All sign panels shall be 2 mm (0.080 in) gauge 6061-T76 or 5052-H38 aluminum alloy certified as meeting all California Specifications and treated with an alodine 1200 conversion coating. The reflectivity of all stop and warning signs shall be DG3 grade and all other signs shall be engineering grade unless specified by the Resident Engineer. Any chipping or bending of sign panels shall be considered as sufficient cause to require replacement of panels at the Contractor’s expense.
The sign post assembly shall consist of a 50 mm (2 in) square perforated steel tube. The anchor assembly will consist of a 56 mm (2 ¼ in) square perforated steel tube which measures 750 mm (2' 6") or 915 mm (3 ft) long. The steel tubes shall be 12 gage and fully galvanized inside and outside.
All sign installations shall have a minimum vertical clearance of 2.1 m (7 ft) from the bottom of the sign to grade and a minimum horizontal clearance of 0.6 m (2 ft) from face of curb to edge of signpost. There must be a minimum 1.2 m (4 ft) clearance from sign post to the back edge of the sidewalk for wheelchair access or as specified by the resident engineer. When there is no sidewalk, curb and gutter, the horizontal clearance shall be 1.8 to 2.4 m (6 - 8 ft) from edge of pavement. The Contractor shall replace existing sign post if the minimum vertical clearance of the signs cannot be achieved.
All signs not mounted on streetlights or traffic signal standards shall be attached to a 50 mm (2 in) square perforated fully galvanized (inside and outside) 12-gauge steel tube post. The post shall be anchored in the ground by a two piece, perforated, fully galvanized anchor and sleeve assembly in all cases. The anchor shall be 900 mm (36 in) in length if being installed in soil and may be 750 m (30 in) in length if being installed through asphalt concrete or through Portland cement concrete.
The anchor and sleeve assembly shall be power driven into the ground simultaneously until 100 mm (4 in) of the anchor and sleeve assembly is above the grade. The square sign post shall then DRAFT 110
be installed into the anchor and sleeve assembly to a minimum of 150 mm (6 in) and secured in place with a minimum of two 3/8 inches drive rivets installed in the on-coming traffic side and curb side to pull the post into one corner of the anchor.
All signs shall be installed with washers larger than the head of the drive rivet or bolt (Fender washers preferred).
Installation according to these requirements is essential to maintain the break-away characteristics of the post system. Under no circumstances shall the anchor assembly be secured in concrete footings.
Any sign measuring 1 m (36 in) or larger, except stop signs and street name signs must have approved strapping or back braces installed. Any deviation shall be approved by the Engineer.
All signs shall be installed before the roadway is open to traffic. However, those signs that are not applicable at the time of opening shall be covered until such time when they become valid.
Existing traffic signs and posts that do not conform to the approved Plans shall be removed by the Contractor. All signs and posts removed shall be delivered to the City Yard. Any holes left in the existing sidewalk as a result of post removal shall be filled by the Contractor with a concrete mix or equal to a point flush with the existing sidewalk.
All signs and posts shall be new unless specified to be reused. Any damaged existing signs or signposts that are denoted as being relocated on the Plans shall be replaced with new materials, as directed by the Engineer.
Add the following section:
313-2 SIGN POSTS
Sign locations shall be approved by the Agency prior to installation.
Sign posts shall be located such that they maintain a minimum of forty-eight (48) inches of clearance between the post and the back of sidewalk for ADA compliance.
Signs shall have 7’ vertical clearance from bottom of sign to finished surface for one sign and 6’ vertical clearance for a two-sign installation.
Each post shall be new and have a maximum of two signs (with different meanings) on each side of a post (maximum number of signs on both sides shall not exceed four).
Sign posts shall be installed per City of Lake Elsinore Standard Plan No. 407.
Sign posts located in the median shall be set in an eight (8) inch diameter by twenty-four (24) inch deep PVC sleeve and backfilled with sand to top of sleeve. DRAFT 111
Wood posts for Class II & III barricades shall be painted white.
Add the following section:
313-3 SIGNS
All traffic signs shall conform to the California Manual on Uniform Traffic Control Devices (MUTCD) except as modified herein.
Signs shall be a minimum of twelve (12) inches clear (horizontal) from curb face.
Signs that are forty-eight (48) inches wide shall be installed utilizing sign strap hardware on the back.
Signs greater than forty-eight (48) inches wide shall be installed utilizing two posts. Signs shall be installed on existing or new street light poles utilizing ¾” “band it” stainless steel strapping with fasteners.
Single signs mounted on aluminum posts shall include 2 7/8” post caps and double signs shall include 2 7/8” cross saddle.
Signs shall not be installed on utility company poles.
Existing signs shall be salvaged and delivered to the Public Works Department.
Add the following section:
313-4 MEASUREMENT AND PAYMENT
Permanent signing and appurtenances thereto shown on the plans or required in the specifications shall be paid as part of the lump-sum price bid for Traffic Signing & Striping and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in supplying and installing permanentsigning,striping, and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these Special Provisions, and as directed by the DRAFTEngineer. 112
SECTION 314 TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND
PAVEMENT MARKERS
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS Delete the entire section and replace with the following:
Pavement striping and pavement markings (legend) application shall conform to Section 84 of the Caltrans Standard Specifications 2022 edition and the Caltrans Standard Plans. 314-5 PAVEMENT MARKERS
Raised pavement markers construction shall conform to Section 81-3 of the Caltrans Standard Specifications 2022 edition and the Caltrans Standard Plans.
Adhesive for raised pavement markers shall be epoxy in conformance to Section 95 of the Caltrans Standard Specifications 2022 edition. Markers shall be applied using rapid-set epoxy conforming to Section 95-1.02E of the Caltrans Standard Specifications 2022 edition.
DRAFT
113
SPECIAL PROVISIONS
AMENDMENTS TO THE “GREENBOOK”
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 4 EXISTING IMPROVEMENTS
SECTION 400 PROTECTION AND RESTORATION
400-1 GENERAL
Add the following:
The Contractor shall protect utility facilities relocated prior to or during construction of the Work.
The Contractor shall not do any work that would affect any oil, gas, sewer, or water pipeline; any telephone, television, telegraph, or electric transmission line or cable; any fence; or any other structure, nor shall the Contractor enter upon the rights-of-way involved until notified by the Engineer that the City has secured authority therefore from the proper party. After authority has been obtained, the Contractor shall give said party due notice of its intention to begin work, and shall give said party convenient access and every facility for removing, shoring, supporting, or otherwise protecting such improvements and for replacing same.
Maintaining in Service: All oil and gasoline pipelines, power, and telephone television, or other communication cable ducts, gas and water mains, irrigation lines, sewer lines, storm drain lines, poles, and overhead power and communication wires and cables encountered along the line of the Work shall remain continuously in service during all the operations under the Contract, unless other arrangements satisfactory to the Engineer are made with the owner of said pipelines, duct, main, irrigation line, sewer, storm drain, pole, or wire or cable. The Contractor shall be responsible for and shall repair all damage due to its operations, and the provisions of this Section shall not be abated even in the event such damage occurs after backfilling or is not discovered until after completion of the backfilling.
The Contractor shall be responsible for any and all damage done to existing property and adjacent properties during all construction work under this contract, and the Contractor, at its expense, shall make any repairs that result from its operations to the approval of the Engineer and the subject property owner.
Damaged or removed traffic striping shall be replaced by the Contractor with permanent striping within 24 hours of damage or removal or replaced with temporary striping at the discretion of the Engineer. DRAFT
114
SECTION 401 REMOVAL
401-1 GENERAL
Add the following:
All materials removed shall be disposed of at a legal site outside of the Project Site. 401-2 ASPHALT CONCRETE PAVEMENT
Add the following:
401-2.1 Payment
Asphalt Concrete Excavation covers the header cut, removal of asphalt concrete pavement and aggregate base to the depths and dimensions as specified and as shown on the drawings and the disposal of all surplus material. Included in this contract item is the re-compaction of the existing Aggregate Base to 95% relative compaction after removal and disposal of existing asphalt concrete.
401-3 CONCRETE AND MASONRY IMPROVEMENTS
Replace the entire subsection with the following:
All Portland Cement Concrete (PCC) removals, including, but not limited to, cross gutters, curbs, driveway approaches, gutters, sidewalks and spandrels shall be made by removing and replacing the entire section between joints. If any utility cuts are made in PCC improvements, the entire section shall be removed and replaced. Sidewalk removal in front of driveway approaches shall be no less than two squares.
All existing or newly broken, cracked, chipped or damaged PCC within the project limits shall be removed and replaced.
Removal of improvements covered by this section shall include sawcutting and removal of a twenty-four inch (24") wide section of the adjacent bituminous pavement or as approved by the Engineer. Replacement of said pavement shall be full depth in-kind.
Concrete sidewalk, including access (handicap) ramps, concrete curb returns, spandrels and cross gutters, driveway approaches, and other concrete surfacing shall be removed at locations as indicated on the plans, to neatly sawed edges with saw-cuts made to a minimum depth of one-half the thickness of the concrete. Concrete surfaces to be removed shall be neatly sawed such that construction joints to new concrete improvements are clean and straight.
Existing curb or curb and gutter where indicated on the plans shall be completely removed and disposed. The depth of the removal shall be at least to the section subgrade surface, plus necessary scarification depth for achieving the necessary 90% or 95% relative compaction as specified by the project specification and standard plan. DRAFT 115
401-5 OTHER IMPROVEMENTS
Add the following:
Existing wood fence, chain Link fence, low block wall and pilaster where indicated on the plans to be removed shall be completely removed and disposed to the satisfaction of the Engineer.
Existing roadside signs where indicated on the plans shall be completely removed or relocated to the satisfaction of the Engineer.
Do not remove roadside signs until the replacement signs are installed or until the existing signs are no longer required for public traffic.
Existing tree where indicated on the plans shall be completely removed and grind the stump. Tree roots larger than 1 inch in diameter shall be completely removed. The depth of the removal shall be at least to the pavement structural section subgrade surface, plus necessary scarification depth for achieving the necessary 90% or 95% relative compaction as specified by the project specification and plan.
The tree holes after tree removal shall be backfilled with soils from the surrounding area the same day the trees are removed and compacted to a minimum of 90% relative compaction.
Add the following section:
401-8 REMOVE AND SALVAGE/REMOVE AND RELOCATE
The work covers the Remove and Salvage and/or Remove and Relocate of all objectionable or interfering material, natural or man-made, within the public right-of-way and adjoining land within the project limits as shown on the Plans.
The work of Remove and Salvage/Relocate of existing improvements shall conform to the provisions of applicable portions of Sections 401, “Removal”, and 306-3.3, “Abandonment of Conduits and Structures”, of the Standard Specifications; referenced sections of other utility standard specifications; referenced sections of the Standard Specifications; as shown on the Plans; as specified in these Special Provisions; and as directed by the Engineer.
The Contractor, unless noted or shown otherwise, shall demolish and remove from the site all existing surface and subsurface improvements adversely affecting or adversely affected by the proposed work.
All known existing improvements are identified on the Plans. These improvements include, but are not limited to, the following: asphalt pavement, water mains, sewer mains, pipe storm drains, gas mains, concrete headwall structures, curb inlets, poles, fencing, lighting, utility appurtenances, etc. DRAFT
116
The terminal post of any fence removed shall be reinforced by bracing or other appropriate means to maintain the structural integrity of the fence. Relocation and reconnection of existing fences shown on the plans shall include all posts, hardware, and all incidentals necessary to complete the Work.
401-8.1 Remove and Salvage
All removed and Salvage Items shall require the Contractor to deliver all salvageable materials, including traffic signs and streetlights, to the City of Lake Elsinore at time and location to be determined at the preconstruction meeting.
Terminations for street or parking lot lights to be removed and salvaged shall be in accordance with the National Electric Code. To avoid any live wires remaining in service, the entire length of wire extending to street light or street lights being removed shall be disconnected at the power supply and removed from the site. Complete restoration of affected surface improvements shall be required.
The Contractorshallremove existing streetsigns and miscellaneoussignsin conflict with roadway construction and place same at new locations as directed by the Engineer. 401-8.2 Remove and Relocate
The Contractor shall remove and relocate all existing improvements shown on the Plans to be relocated.
All existing water services shall be relocated per EVMWD standards and requirements. The Contractor shall inspect and verify that the existing service, including the connection at the main, meets current EVMWD standards. Where existing services meet EVMWD standards, extension of the service will be allowed at the price bid for water meter relocations. 401-8.3 Abandon In Place
All existing sewer or water facilities to be abandoned within the proposed project limits shall be terminated at the mainline in accordance with EVMWD requirements. This shall include removal of sewer and water services back to the main. Sewer laterals shall be capped with concrete at the wye connection. Water services shall be terminated at the corporation stop and the stop closed. DRAFT
117
SECTION 402- UTILITIES
402-1 LOCATION
402-1.1 General
In respect to work performed under the Contract, Subsection 402-1.1, “General” of the Standard Specifications shall deemed revised to include the following:
When work is to be conducted in an area which is known, or reasonably known, to contain underground utilities or subsurface improvements, the Contractor shall contact Underground Service Alert of Southern California at least 2 working days, but not more than 14 calendar days in advance of any construction activity, which will or could damage or affect any underground utility or subsurface improvement and obtain an inquiry identification number (CGC 4216). The Contractor shall delineate with white paint or other suitable markings the area to be excavated.
The Contractor shall notify Underground Service Alert in the event of change in the project limits or change in original work previously shown on the Plans or indicated in the Specifications. When all work is completed, the Contractor shall remove all markings for underground utilities.
Subsurface installations are considered within 24 inches (600mm) horizontally on either side of the exterior surface of the subsurface installation (CGC 4216). When the subsurface installation markings are no longer reasonably visible, the Contractor shall notify Underground Service Alert to remark those subsurface installations which may be affected by excavation to the extent necessary (CGC 4216.3©).
Add the following subsection:
402-6 WATER VALVE ADJUSTMENT
Existing water valves and / or water meters where indicated on the plans or within the street overlay areas shall be adjusted to grade. Adjustment of valves and meter boxes shall conform to the EVMWD standards. DRAFT
118
SECTION 403 MANHOLE ADJUSTMENT AND RECONSTRUCTION
403-3 MANHOLES IN ASPHALT CONCRETE PAVEMENT
Add the following:
Existing manholes within the street overlay areas shall be adjusted to grade. Adjustment of manholes shall conform to Section 301-1 of the Standard Specifications and EVMWD standards.
DRAFT
119
SECTION 404 COLD MILLING
404.1 General
Add the following:
Additional widths of cold milling may be required at various locations as determined by the Engineer.
404.9 Traffic Signal Loop Detectors
Delete section and add the following.
Before cold milling pavement within 90 m (300 feet) of a traffic signal, the Contractor shall notify the Agency at least 3 working days priorto commencing work within said area. Upon notification, the Agency will mark the location of all existing loop detectors unless shown on plans.
The Contractor shall not mill within 12 inches (300mm) of any existing loop detectors that are shown to be protected in place on the Plans or in the Special Provisions. Traffic signal loop detectors that were shown to be protected in place but are damaged or removed shall be replaced in their entirety in conformance with section 400-1 “General”, of Standard Specifications.
Damage to the existing loops caused by the Contractor operation will require replacement of the loops in their entirety at the Contractor’s expense.
DRAFT
120
SPECIAL PROVISIONS
AMENDMENTS TO THE “GREENBOOK”
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 6 TEMPORARY TRAFFIC CONTROL
SECTION 600 ACCESS
600-1 GENERAL
Add the following:
All streets shall remain open to through traffic at all times except when street closure is approved by the Engineer. The Contractor shall make provisions to allow local traffic access to the closed streets. The local traffic consists of, but is not limited to, residences, church congregations, farmers, post offices, fire stations, meter readers, trash pickup, school buses, and emergency vehicles. The Contractor shall provide a smooth travel way and either a flagger and/or signing to direct traffic.
600-4 NOTIFICATION
Add the following section:
The Contractor shall notify in person and with printed notification (in English and Spanish language), at least ten (10) working days prior to commencing work, to all agencies, firms, institutions, postal service, residents, hospital, transit authorities, schools, stores, utilities and waste disposal service fronting or affected by the work. Additional printed notification (in English and Spanish language) shall be given not less than seventy- eight (48) hours prior to performing any work which will restrict property access, close or partially close the street, or which will restrict or disallow street parking. All schools and churches shall receive seven (7) working days notification prior to performing any work which will restrict property access.
As applicable, the Contractor shall coordinate with the school district for pick-up and drop-off of school children, transit authority for the pick-up and drop off of riders, waste disposal collection, the postal service to ensure delivery of mail, and churches for weekly or special activities.
The printed notices shall contain a general description of the work to be done and the date that the work is to be done. The notices shall also include a statement that parking will be restricted as called for on the "NO PARKING" signs to be posted along the street. All public notices must be reviewed and approved by the City Engineer prior to its distribution. The Contractor shall allow a minimum of fourteen (14) calendar days for review and approval of public notices.
The Contractor shall also post printed "NO PARKING-TOW AWAY" signs at one- hundred-foot DRAFT 121
(100') (thirty meters (30m)) maximum spacing along each side of the affected street for seventyeight (48) hours prior to the commencement of the street improvement work. The Contractor shall document the day, date and time the "NO PARKING" signs were posted. Posting of signs on trees and utility poles will not be allowed.
The signs shall contain the day, date, hours and vehicle code, that parking will be prohibited on that particular street, CVC 22651L and CVC 22654D. The signs shall be removed immediately upon completion of work that will prohibit parking.
The printed notices and the "NO PARKING" signs shall be furnished by the Contractor.
No Separate Payment will be made for Public Notification.
DRAFT
122
SECTION 601 TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND
MAINTENANCE WORK ZONES
601-1 GENERAL
Add the following:
The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic.
The Engineer retains the authority to initiate field changes in traffic control to ensure public safety and minimize traffic disruptions. The Contractor shall maintain all traffic control devices in proper working condition 24 hours a day, 7 days a week for the duration of the Work, regardless of whether the subject traffic control devices were originally included in the Contract or were added at the discretion of the Engineer. All traffic control devices shall be removed from view and non-operational when not in use.
Construction signing, lighting, concrete barriers, and barricading shall be provided on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the California Manual on Uniform Traffic Control Devices (CA-MUTCD) for Streets and Highways, or subsequent editions in force at the time of construction. Part 6 of the California MUTCD is available online at:
http://www.dot.ca.gov/hq/traffops/signtech/mutcdsupp/pdf/camutcd2012/Part6.pdf All signs, barricades and other temporary traffic control devices required for the work shall be indicated on and be an integral part of the Traffic Control Plan submitted to and approved by the Engineer.
For all road closures, road detours, lane closures, and all-night operations, the Contractor shall obtain written approval from the Engineer a minimum of 2 working days prior to the commencement of the Work. All warning signs shall be manufactured with high intensity faces and legends and shall be placed at least 7 calendar days prior to the commencement of construction. Any of the Contractor's work that may disrupt normal traffic shall be coordinated with the Engineer a minimum of 2 working days prior to the commencement of the Work.
In public streets, during working hours, the Contractor shall maintain not less than one lane of traffic open in each direction at all times. At night and during non-working hours, the Contractor shall leave the work site in a safe condition and allow for the full use of two lanes of traffic or provide the minimum lane requirements for lane closure as approved by the City. DRAFT 123
Flaggers shall be utilized to ensure the safe flow of traffic at intersections and businesses that may be affected. This work shall be included in the lump sum bid item price for “Traffic control,” in the Bid Schedule(s), and no additional compensation will be allowed therefore.
Payment for traffic control shall be made at the lump sum bid item price for “Traffic Control”, and no additional compensation shall be allowed therefore.
601-2 TEMPORARY TRAFIC CONTROL PLAN (TCP)
601-2.1 General
Add the following:
The Contractor shall be required to submit Traffic Control Plans for review and approval by the City Engineer. The Traffic Control Plans shall be submitted to the Engineer and approved prior to the Pre-Construction Conference. All traffic control used for this project shall be in accordance with the approved Contractor prepared traffic control plans as well as the Caltrans Traffic Control Plans.
The Contractor shall provide, install, and remove any detours for the routing of vehicular and pedestrian traffic as shown on the approved Traffic Control Plans, as specified in the Special Provisions, or as directed by the Engineer. Payment for such work shall be included in the lump sum bid item price for “Traffic Control,” in the Bid Schedule, and no additional compensation will be allowed therefore.
601-3 TEMPORARY TRAFFIC CONTROL (TTC)
601-3.4 Operation & Maintenance
601-3.4.1 General
Add the following:
The Contractor shall provide and maintain all necessary traffic control to protect and guide traffic around all work in the construction zone. All traffic controls shall be clearly posted with signs prior to the commencement of the Work. All traffic restrictions listed herein shall supplement any other traffic control requirements of the City and are not intended to replace any part of these requirements. Local access shall be maintained to all properties fronting the Work at all times.
Access shall be maintained to all driveways within the construction zone, unless other prior arrangements have been made with the Engineer and the affected property owner.
The Contractor shall erect signs and barricades to direct pedestrians through or around the construction zone. Payment for installation of pedestrian signs and barricades shall be included in the lump sum bid item price for “Traffic Control,” in the Bid Schedule(s), and no additional compensation will be allowed therefore. DRAFT
124
Notwithstanding the Contractor's primary responsibility for safety at the site of the Work when the Contractor is not present, the Engineer, at his option, after attempting to contact the Contractor, may direct City forces to perform any functions he may deem necessary to ensure public safety at or in the vicinity of the site of the Work. If such procedures are implemented, the Contractor shall be responsible for all expenses incurred by the City.
601-3.5 SIGN AND SIGNAGE
601-3.5.1 General
Add the following:
Temporary No Parking signs shall be posted at least 24 hours, but no more than 48 hours in advance of the work. The signs shall be placed no more than 100 feet apart on each side of the street and at shorter intervals if conditions warrant. The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs. Removal of signs and furnishing and placing of barricades, if necessary, posts of signs shall be provided by the Contractor. All signs shall be removed within 24 hours after the effective date.
The Contractor shall coordinate with the waste disposal collection and the postal service to ensure delivery of mail.
The printed notices shall contain a general description of the work to be done and the date that the work is to be done. The notices shall also include a statement that parking will be restricted as called for on the "NO PARKING" signs to be posted along the street. All public notices must be reviewed and approved by the Engineer prior to its distribution.
The Contractor shall also post printed "NO PARKING-TOW AWAY" signs at one-hundred-foot (100') maximum spacing along each side of the affected street for seventy-eight (48) hours prior to the commencement of the street improvement work. The Contractor shall document the day, date and time the "NO PARKING" signs were posted. Posting of signs on trees and utility poles will not be allowed.
The NO PARKING signs shall contain the day, date, hours and vehicle code, that parking will be prohibited on that particular street and a statement that parked vehicles will be towed away at the owner’s expense per California Vehicle Codes CVC 22651L and CVC 22654D. The signs shall be removed immediately upon completion of work that will prohibit parking.
The printed notices and the "NO PARKING" signs shall be furnished by the Contractor.
Full compensation for compliance with the preceding requirements shall be considered as being included in the lump sum price for “Traffic Control” in the bid schedule and no additional compensation will be allowed therefore. DRAFT
125
Add the following sections:
601-7 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS
Add the following subsection:
601-7.1 General
Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filled crash cushions units as shown on the plans.
Add the following subsection:
601-7.2 Appearance
Exposed surfaces of new and used units of Temporary railing (Type K)shall be freshly coated with a white color paint prior to their first use on the project. The paintshall conform to the provisions in Sections 210-1.5, “Paint Systems”, and 310, “Painting”. The Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place.
Add the following subsection:
601-7.3 Manufacture of Temporary Railing
In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3A Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in Sections 201-1, “Portland Cement Concrete”, and 303-1, “Concrete Structures”. Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions in Sections 201-1, “Portland Cement Concrete”, and 303-1, “Concrete Structures”. Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans.
The bar shall conform to ASTM Designation: A 36/A 36M, shall have a minimum length of 660 mm and shall have a 75 mm (3”) diameter by 9 mm (3/8”) thick plate welded on the upper end with a 5-mm (3
/16”) fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in section 303-1.9.2 “Ordinary Surface Finish.” Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor’s name or logo on each panel.
The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel.
Add the following sections:
601-7.4 Installation of Temporary Railing
In addition to the requirements herein the temporary railing (Type K) shall be installed per CALTRANS Standard Drawing T3A. Temporary railing (Type K) shall be set on firm, stable DRAFT 126
foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on curved alignment each rail unit placed within 3 m (10’) of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to the requirements of the CALTRANS Traffic Manual shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2, “Sign Posts”. Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition, or constructed to its planned condition.
Add the following subsection:
601-7.5 Temporary Sand-Filled Crash Cushions
Temporary sand-filled crash cushion units shall be “Energite III” manufactured by Energy Absorption Systems, “Fitch Inertial Barrier System Modules” manufactured by Roadway Safety Service, or equal. Featuresrequired to determine equivalence of any othertemporary sand-filled crash cushion units shall be approval of the system by CALTRANS and that the temporary sandfilled crash cushion units meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m (15’) or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CALTRANS Standard Drawings T1 and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P marker panel conforming to the requirements of the CALTRANS Traffic Manual shall also be installed at each TSFCC array as shown in CALTRANS Standard Drawings T1 and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the traveled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from.
Add the following subsection:
601-7.6 MEASUREMENT AND PAYMENT
Temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for traffic DRAFT 127
control and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re-painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for installation and/or relocation of K-rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per Section 2-8, “Extra Work,” of Standard Specifications.
DRAFT
128
SPECIAL PROVISIONS
AMENDMENTS TO THE “GREENBOOK”
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 7 STREET LIGHTING AND TRAFFIC SIGNAL SYSTEM MATERIALS SECTION 700 MATERIALS
Delete entire section and replace with the following:
700-1 GENERAL
The following specifies the requirements for materials to be installed in the street lighting and traffic signal systems.
The Contractor shall submit, prior to acceptance of the contract, the manufacture’s warranties, guaranties, instruction sheet and parts lists supplied for the material used in the work. 700-2 REFERENCE SPECIFICATIONS
a) State of California Department of Transportation Standard Specifications – referred to herein as State Standard Specifications.
b) State of California Department of Transportation Standard Plans – referred to herein as State Standard Plans.
c) City of Lake Elsinore Street Light Manual -Design Criteria and Standards. d) City of Lake Elsinore Traffic Signal Specification and Installation Manual. 700-3 STREET LIGHTING SYSTEM MATERIALS
New or relocated streetlights located within City R/W or City easements are required to include light emitting diode (LED) luminaries. Refer to City of Lake Elsinore Street Light Manual -Design Criteria and Standards.
700-4 TRAFFIC SIGNAL MATERIALS
Refer to City of Lake Elsinore Traffic Signal Specification and Installation Manual for special traffic signal equipment and installation requirements. DRAFT 1 7/29/24
TRAFFIC SIGNAL SPECIFICATIONS AND INSTALLATION GUIDELINES
1.0 SPECIALPROVISIONS,INSTALLATION, AND EQUIPMENTREQUIREMENTS The following sections provide special traffic signal equipment and installation requirements as required by the City of Lake Elsinore. The City adheres to the latest editions of the Caltrans Standard Plans and Standard Specifications in addition to the following provisions below:
1.1 POLES AND MASTARMS
1.1.1 POLES
1) Standards shall be placed on opposite sides of the pedestrian ramp (see ES-4C of the State of California Standard Plans for the typical location of signal standard placement). All traffic signal plans shall indicate required traffic signal pole locations as referenced from BCR, ECR, and curb face.
2) All Poles must meet the standard wind load specified in the latest revision of the State of California Standard Plans.
3) No poles or pull boxes are allowed within the limits of pedestrian ramps including the ramp slopes.
4) Pole anchor bolts shall be cut and finished one-half inch (1/2") above the nut. Base plate bolt covers shall be installed for allstandards.
5) Where modifications will leave holes in existing poles, the holes shall be repaired pursuant to State of California Standard Specifications, Section86-1.02B(1). 6) Poles shall not be installed within center medians unless approved by the City Engineer.
1.1.2 MASTARMS
1) Mast arms shall be provided for all approaches unless otherwise approved by the City Engineer. 2) All traffic signal mast arms shall present a uniform and level appearance whencomplete. 3) If fully protected left turn phasing is provided, the mast arm shall be long enough to align the left-turn signal head as close as possible to the center of the left-turn lane where there is one left-turn lane, or to the lane line between the left-turn lanes if there are twoleft-turn lanes. 4) Avoid signal standards in center medians (use only on very wide streets where signal mast arms are not long enough to reach to left-turnlanes).
5) Street light mast armsshall be 15 feet long or as determined by the Engineer. 6) Empty tenons shall be provided on mast arms where lane geometrics are expected to change in the future.
1.2 PULLBOXES
1) All pull boxes (box, lid, extension) shall be concrete and size No. 6 unless otherwise indicated.
Pull box covers shall be stamped "TrafficSignal" or “Signal Communication” as needed. 2) The approved manufacturer is Christy and the approved models are in Table 1 below. Use of other non-Christy pull boxes shall be approved by CityEngineer.
Table 1: Pull Box Product Numbers
Pull box Manufacturer and Model
#5 Box N30 Box
#5 Lid N30R Lid
#6 Box N36 Box DRAFT
2 7/29/24
#6 Lid N36R Lid
#6 Box Fiberlyte Lid N36 Box with FL36T Lid
3) Pull box lids shall be composite with UV inhibitor. Concrete lids shall not be used. 4) Pull boxes shall not be placed: In raised or painted medians, in paved shoulder, in traveled way, in driveways, within one foot of a sidewalk access ramp or flares unless approved by the City Engineer.
5) When retrofitting pedestrian ramps and relocating existing boxes is cost prohibitive, existing pull boxes must be replaced with traffic rated models and non-skid steel lids. 6) Pull boxes placed in dirt shall have utilize white paddle markers for easy location of pull box. 7) Pull boxesshall be spaced at intervals of 300 feet or less. 8) A No. 5 pull box may be used for advance loops.
9) Electrical power pull box shall be No. 5 with extension and shall be placed no more than 20 feet from the service cabinet.
10) Where the sump of an existing pull box is disturbed by the CONTRACTOR’s operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and replaced with new grout.
11) Pull boxesshall be tamper resistant and utilize a special key tool for opening. 12) See City of Lake Elsinore Standard Plan #504 for additional information.
1.3 CONDUIT
1) All traffic signal conduit street crossings or any conduit located within the roadway travelled way (including driveways) shall be schedule 80 rigid PVC. Exceptions to this requirement shall be determined by the City Engineer.
2) All conduits shall be three inches (3") minimum. All conduits crossing streets shall be 4” minimum. All legs of the intersection shall have a conduit crossing installed (one spare with mule tape). All conduits shall contain “detectable mule tape” mule tape per State of California Standard Specification 86-1.02B and a No. 8 XHHW-2 stranded insulated green trace wire. 3) As much as practical, conduit shall be laid out perpendicular to the curb line of the street crossing under the center of thecrosswalk.
4) Conduit fill shall not exceed the 26% for new construction and allow exception up to 40% for conduits with three or more conductors. For traffic signal modifications, max percent conduit fill shall be approved by the City Engineer.
5) Install two, four-inch (2-4") and one, three-inch (1-3”) conduits from controller cabinet base to the adjacent home run pull box with signal cable in one conduit and the balance of conductors in the other. Install signal cable in the first conduit, and interconnect conductors in the second and the balance of conductors in the third.
6) All conduits entering pull boxes, vaults and cabinets shall be protected with duct seal. No open holes are allowed. The ends of all conduitsshall have Carlon or approved equal bell fittings. 7) Install conduit to a depth of not less than 30 inches below finished grade, except in sidewalk and curbed paved median areas, where it must be at least 18 inches below grade. See City of Lake Elsinore Standard Plan #508 for additionalinformation.
1.4 CONDUCTORS ANDWIRING
1) #14 gauge/3 conductor and #14 gauge/12 conductor per Caltrans-Standard Specification 86-
1.02F(2) shall be continuous from the signal cabinet to the terminal block on the signal standard it services. No splicing of signal cable shall be permitted unless otherwise directed by the City Engineer.
2) The signal cables shall be labeled (permanently affixed printed labels) in each pull box per State DRAFT 3 7/29/24
of California Standard Specifications Section 86-1.02(F)(a) and at the signal cabinet, indicating the cable/wire type and signal standard to which it is connected. Labels are required for loops, signal conductors, SIC, fiber, and any other conductors within cabinet and pullbox. 3) All traffic signal field conductors shall have a 6-foot coil of extra wire in each pull box to allow for servicing. The signal conductors shall be organized in a bundle to allow for easy identification of wires and cables.
4) Multi conductor video cable shall be 6 conductor 2 elements: 18 AWG 5 conductors 7/26 bare copper, 20 AWG 1 conductor, solid bare copper (McCain part number KG-995P or approved equivalent).
5) Loop detectorlead-in cable shall be Type B Caltrans Standard 16 AWG. 6) Loop detector wire shall be Type 2. All lead-in DLCs shall be labeled in the cabinet with lane number and phase assignment.
7) Cable or video radar, or communications purposes shall be Cat6 outdoor rated Ethernet unless otherwise specified by the equipment manufacturer. 8) Conductors for Safety Lighting (SL) shall be No. 10 XHHW-2. The conductors shall be black and white.
9) The Street Light conductors may be spliced to branch the Street Light circuit as it progresses around the intersection.
10) Fused splice connectors shall be installed in the pole hand hole for eachluminaire. 11) All field installed wiring shall be Megger-Ohm tested. The CONTRACTOR shall provide documentation showing results that the wiring has passed thetest.
1.5. DETECTION
1) For new construction or intersection upgrade, video detention shall be installed. The use of radar detection is allowed where applicable.
2) Loop detection is not required on streets and approaches unless special conditions exist that preclude the installation of video detection or at the discretion of the City Engineer. 3) Loop detection shall be installed on all limit line, advance detection, left turn lanes, and bike lanes. Loops shall be circular Type E (6' diameter). Limit line detectors shall be Modified Type E loops (for bike detection). Loops shall be installed flush with the limit line. 4) All bicycle lane detector loops shall be TypeQ.
5) Advance detection is required on all approaches with an 85th percentile speed or posted speed limit greater than 25 mph (if not available, use design speed). Install a single loop per lane with one DLC for allloops. Setbacks from the limit line shall be per CAMUTCD Table 4D-101. 6) If a minor street approach has advance detection, install two loops per lane spaced 10 feet apart starting at the crosswalk or limitline.
7) Install four loops spaced 10 feet apart in advance of the crosswalk or limit line in left-turn lanes and for approach lanes without advance detection.
8) Minor street right-turn only lanes will have 2 loops spaced 10 feet apart. Provide separate DLC to controller cabinet.
9) On a minor street, if there is no right-turn only lane, install one loop at the limit line, adjacent to the curb for sneak-by traffic.
10) All detection cables and cards shall be labeled in the cabinet with lane number and phase assignment.
1.5.1 BICYCLEDETECTION
1) If the approach has a bike lane, install a six-foot-long Type Q loop, 44 feet in advance of and one at the crosswalk or limit line in the bike lane (or where the bike lane drop transition occurs if further back). DRAFT
4 7/29/24
2) On streets classified as local, residential or other minor streets with bike lanes, install a six-foot long Type Q loop at the limit line and at 44 feet in advance of the crosswalk/limit line. 3) Width of Type Q loop varies: 6" to 12" inside bike lane line and 6" to 12" outside gutter or other channelization line, providing a 3-foot wide to 4-foot wideloop.
1.5.2 LOOP DETECTIONINSTALLATION
1) Prior to installation, the City Engineer or designated representative shall verify all loop detector locations. All necessary striping shall be in place prior to position of detectors. 2) Loop detectors in asphalt shall use rubberized hot melt type sealant (Brewer/Flex or approved equal).
3) Loop detector splices shall be soldered and sealed with heat-shrink containing waterproof sealant.
4) The number of sensor units and lead-in cables required to achieve the specified detection shall be installed.
5) Four (4)-channel sensor units shall not beused.
6) Sensor unit for Vehicles shall be Reno Model C-1100 SS Vehicle Detector or approved equal.
Sensor unit for Bicycles shall be Reno Model C-1100 SS-B Bicycle Detector or approved equal.
1.5.3 VIDEO DETECTIONINSTALLATION
When special conditions exist that preclude the installation of in-pavement detection, video detection shall be used. The video detection system shall be Iteris Vantage Vector camera system (or City approved equivalent). All installation shall include necessary components to run the system including but not limited to: Iteris Vantage Apex video processor(s), flat panel monitor (17” TFT LCD video monitor or City approved equal), Ethernet modules, and camera(s). Detection units shall be installed on signal mast arm per manufacturer specifications. Detection units without radar functionality or other advance detection shall be mounted on a 6’ pole extension above the mast arm.
1.6 CABINET ANDEQUIPMENT
The model 2070 ATC controller and 322L cabinet shall be manufactured and furnished by the same manufacturer.
1.6.1 CONFLICTMONITOR
The conflict monitor shall meet all the requirements of the latest edition of the Caltrans Standard Specifications and shall also meet the following specifications:
1) The conflict monitor shall be a model 2010ECLip by EDI (or City-approvedequivalent). 2) The base design shall be tested by an independent lab for transient and environmental requirements.
3) The conflict monitor shall have 16 channel capability with a 10/100 Ethernetport. 4) A portable laptop computer shall not be required to program or verify monitor setting (only used for log events).
5) The conflict monitorshall be capable of monitoring 5 section heads. 6) The conflict monitor shall display active colors independently duringoperation. 7) The conflict monitor shall display active colors independently at time offault. 8) Shall be compatible with McCain Omni eX intersection controlsoftware.
1.6.2 CONTROLLER
1) The Controller shall conform to Caltrans "Transportation Electrical Equipment Specifications DRAFT 5 7/29/24
(TEES)" (latest edition) and be onthe latest Caltrans qualified products list. 2) The controller unit shall be a 2070 LX running McCain Omni eXfirmware. 3) The 2070 LX controller shall be delivered pre-loaded with the latest version of McCain Omni eX controller firmware. The controllers shall be delivered at least two weeks prior to scheduled signal turn on.
4) The CONTRACTOR shall schedule the controller manufacturer to be present at the time of signal turn on in the field.
5) The CONTRACTOR shall furnish a Transparity intersection user license with each controller furnished.
6) The controller manufacturer shall submit a notarized Certificate of Compliance with the State testing specifications prior to or at the time the controller is delivered to the jobsite. The controller shall not be installed until the Certificate is received and approved by the Traffic Engineer /Inspector/City Electrician or their assigned representative. Testing of control equipment and cabinet wiring shall be accomplished by the controller manufacturer in accordance with the State Standard Specifications (all references to State testing facilities or laboratories shall be interpreted as the controller manufacturer’s testing facility; however, State testing procedures referred to shall remain in effect). All testing costs for the complete control system shall be borne by the CONTRACTOR.
7) The CONTRACTOR shall furnish one (1) maintenance and operation manual for all new controller units, auxiliary equipment, vehicle detector sensor units, ITS and communication equipment, and interactive plug-ins to the City's Maintenance Division. The operation and maintenance manuals shall be submitted upon equipment delivery. The O&M manual(s) shall include, but need not be limited to, the following items:
a) Specifications.
b) Design characteristics.
c) General operation theory.
d) Function of all controls.
e) Troubleshooting procedure (diagnostic routine).
f) Block circuit diagram.
g) Geographical layout of components.
h) Schematic diagrams.
i) List of replaceable component parts with stocknumbers. j) As-built drawings.
k) Detector assignmenttable.
1.6.3 Controller Cabinet
The controller cabinet shall be model 332L with an anodized aluminum finish and include front and back door switches per Section 86-1.02Q(2) of the latest edition of the Caltrans Standard Specifications and Caltrans "Transportation Electrical equipment Specifications (TEES)" (latest edition).
1) The preferred location for cabinets shall be on the approach-side corner of the minor arterial.
Where sufficient right of way exists, a minimum of 48-inches of concrete sidewalk and clearance shall be provided at the front and rear of the cabinet(s) and a minimum of 36- inches of sidewalk and clearance on the sides of the cabinet(s). Clearances shall be unobstructed by any above ground facilities. The City Traffic Engineer must approve any variance from the preferred location.
2) The front side of traffic signal controller cabinet shall be oriented such that the technician faces DRAFT 6 7/29/24
the intersection when viewing the controller front panel and the front door handle should be on the right and the doorshall open toward the street.
3) The controller cabinet shall be equipped with an interior light (Dialight Part # CL2-CF-TC4 or approved equal).
4) The controller cabinet shall be caulked at thebottom. 5) The controller cabinet shall be wired for redmonitoring. 6) The controller cabinet shall be wired for door alarmmonitoring. 7) The controller cabinet shall include emergency vehicle preemption equipment asrequired. 8) The controller cabinetshall be wired for full 8 phase capability. 9) The controller cabinet shall have vehicle loop detector cards on the Qualified Product List, Model C-1100 SS preferred.
10) The controller cabinet shall include an integral rack mounted document drawer assembly for the purpose of document storage and writing surface. The document drawer shall have an interior depth of approximately 1.5 inches, have drawer guides made of anodized aluminum, have drawer mounting brackets made of stainless steel, and have a hinged lift top writing area with a textured powder coatsurface.
11) The controller cabinet output files shall be equipped with UL rated multi-conductor terminal lug.
12) The controller cabinet shall include an "AS-BUILT" blueprint of the signal and timing plan inside the cabinet.
If the controller cabinet design deviates in any way from the details in this manual, such deviation shall be submitted to the Traffic Engineer or their assigned representative for review before fabrication of the contract cabinets. If deemed necessary by the Traffic Engineer or their assigned representative, one complete prototype cabinet shall be delivered to him for review at least 30 days before fabrication of the contract fixtures. The prototype cabinet will be returned to the CONTRACTOR and if permitted by the Traffic Engineer or their assigned representative, the cabinet may be installed.
1.7 SERVICE AND ELECTRIC SERVICECABINET
Except for false work lighting, the CONTRACTOR shall be responsible for applying for and arranging with the serving utility to complete service connections for both temporary and permanent installations and the CONTRACTOR shall pay all costs and fees required by the utility.
The City will provide the SCE service address for the meters.
The electrical service cabinet shall:
1) Be fabricated with an anodized aluminumfinish.
2) Provide Type III-C dual meter electrical service for all new signal installation. Deviations shall be approved by City Engineer. See City of Lake Elsinore Std. Plan #501 for additionalinformation. 3) Meet the SCE Service Guide service requirements and the Caltrans Standard Plan Drawing ES2F cabinetspecifications. 4) Have separate main disconnect circuit breakers for metered and unmeteredsections. 5) Have plug-in type circuit breakers. Cable bussing is not allowed. 6) Have 2 time delay control contactors.
7) Be caulked at thebottom.
8) Be a model, part, class or type number as approved by City. DRAFT 7 7/29/24
1.8 BATTERY BACK-UP SYSTEM
The battery back-up system (BBS) cabinet shall conform to the following items:
1) Be housed in a cabinet attached to the side of the controller cabinet. Stand-alone cabinet may be requested by City for special circumstances.
2) The BBS cabinet shall be contain a thermostatically controlled cooling fan and 12x16 airfilter. 3) The battery back-up system shall be an Alpha FXM 1100 or other as approved by the City Engineer.
4) The BBS must be Ethernet/IP compatible and wired for communication to the TMC and for an alarm output to the controller unit. The wiring shall consist of a CAT5 cable and 2 pair #20 cable. The alarm output shall provide Railroad 1 flashing operation upon 40% batter power remaining.
5) Install a 2 pair communication cable between the BBS and 332 cabinet and wire up to provide an alarm when batteries are inservice.
6) The BBS shall have a manual bypass switch with automatictransfer. 7) The BBS cabinet shall have an auxiliary generator plug installed and include any necessary generator kits.
8) The BBS cabinet shall be outfitted with a minimum of four (4) battery backup batteries.
1.9 SIGNAL INDICATION HARDWARE FINISHSPECIFICATIONS
Except for anodized components, all exposed metal signal housings, doors, visors, backplates and framework parts shall have a powder coated finish and be a City approved process. The minimum requirements are as follows:
1) A 3-5 stage pretreatment consisting of: Degrease, Rinse, Iron Phosphate, Rinse, and Seal.
Note: Degrease and Iron Phosphate can be combined, thereby eliminating Rinse, making this a 3-stage process.
2) A dry off cycle for at least 10 minutes at 300° to 400° F. 3) Electrostatically applied powder at 75-90KV.
4) Thermalsetting cycle for 20 minutes at 400° F.
5) All parts shall be coated with an ultraviolet resistant polyester powder. The only exception is for items of flat black, which can be coated with a self-cleaning flat black epoxy. 6) All threaded fitting hardware to be assembled with anti-seizecompound. 7) All terminal boxes are to be made ofbronze.
The CONTRACTOR shall furnish the manufacturer’s certificate of compliance with City approved powder coating process prior to installation of equipment.
1.10 FOUNDATIONS
1) Portland cement concrete shall conform to Section 90-20, Minor Concrete, of the State Standard Specifications and shall contain not less than 590 pounds of cement per cubic yard.
Foundation shall be installed per Standard Plan ES-3C.
1.11 GROUNDING ANDBONDING
1) The grounding jumper shall be attached by a 3/16 inch or larger brass bolt in the signal standard or controller pedestal and shall be run to the conduit, ground rod, or bonding wire in the adjacent pull box.
2) The grounding jumpershall be visible afterthe cap has been poured on the foundation. DRAFT 8 7/29/24
3) Equipment grounding conductor #8 AWG is required in all conduits.
1.12 REFLECTORIZED STREET NAME SIGNS(RSNS)
1) The street name sign panel shall include the City of Lake Elsinore logo and shall have blue background per City of Lake Elsinore specifications and Standard Plan #404A. 2) Steet names signs shall be manufactured with Diamond Grade DG3 material reflective sheeting.
3) Street names signs shall include street and road name suffixes (Ave, St, etc.), no block numbers. 4) Font and lettering size shall be per City Standard Plan #404A. 5) Street name signs shall be 6’, 8’ or 10’ in length (City Engineer determines based on street name) and 1.5’ in height.
6) Street name sign mounting bracket shall be Tapco Mast Arm Swing Bracket or approved equal.
7) RSNS shall be mounted on separate arm per City of Lake Elsinore Standard #404B.
1.13 EMERGENCY VEHICLE PREEMPTION
1) Provide emergency vehicle preemption (EVPE) for all approaches (except minor driveways). 2) The emergency vehicle preemption (EVPE) system shall include infrared detectors (Opticom Model no. 721 or approved equal) and Opticom GPS system. GPS antenna shall be mounted on nearest 30’ arm to the controller cabinet unless otherwise specified by the City Engineer or manufacturer.
3) The EVPE discriminator module shall be an Opticom Model no. 764 (or approvedequal. 4) The detector shall be mounted on the mast arm using an astro bracket with threaded nipples and lock washers.
5) EVPE detectors shall not be mounted on the signal head, unless exception made by the City Engineer.
1.14 SIGNALHEADS
1) All traffic signal modules shall be LED. Approved manufacturers are GEand Dialight. 2) All LED traffic signal modules shall be fully compliant with the latest Institute of Transportation Engineers (ITE) specifications and circularsupplements. 3) Each LED product bid must be certified in the Intertek LED Traffic Signal Module Certification Program. Proof of certification must be documented and approved by the Engineering Division Inspector prior to installation.
1.14.1 VEHICULAR SIGNALHEADS
1) Signal heads should be located asfollows:
a) Provide a minimum of two vehicular signal heads for allphases. b) Provide a minimum of 50 feet from the limit line to the farside indications c) Provide a maximum of 150 feet from the limit line to the far side indications, unless a near side indication isinstalled.
d) There should be two signal heads for the through movement visible within a 40 degree cone measured at the center of the approach at a point 10 ft behind the limit line (20 degrees to the right and 20 degrees to the left of the center of the approach extended, see CAMUTCD, Figure 4D-4)
2) Signal section housing shall be aluminum per 86-1.02R(4)(b)(iii) "Signal Housings" of the latest edition of the Caltrans Standard Specifications. 3) All (red, yellow, and green) LED (light-emitting diode) signal modules shall be Type 1 and meet DRAFT 9 7/29/24
the following specifications:
a) LED signal modules for all balls and arrows shall be twelve-inch diameter(12"). b) LED signal modules shall be complete, and factory installed in aluminum signal sections c) LED signal modules shall be mounted and soldered onto a printed circuitboard. 4) The normal failure of one LED signal module shall not deactivate any other LED signalmodule 5) LED signal module shall have a minimum 5-year warranty beginning after traffic signal system has been accepted by the City.
6) All signal faces shall have one-piece backplates and tunnelvisors. 7) Left turn signal modules shall be allarrows.
8) Plastic signal heads, plastic visors, or plastic backplates are notacceptable. 9) Terminal blocks shall be mounted in red section on the MAS/MAT signal heads. There shall be a drip loop for the field installed signalwires.
10) Red and yellow ball and arrow indictor lenses shall be tinted. Green ball and arrow indicator lenses shall be clear.
11) Backplates shall be outfitted with 2” retroreflective yellow borders. Yellow borders shall be installed at the factory. Installation of yellow borders outside of the factory or retrofit backplates shall not be accepted.
1.14.2 PEDESTRIAN SIGNALHEADS
1) All pedestrian indications shall be of the LED type. 2) All new traffic signals and traffic signal modifications with pedestrian phasing shall use pedestrian indications of the “Countdown” type. For traffic signal modifications, new pedestrian housings may be necessary to accommodate the “Countdown” type pedestrian indications.
3) Plastic pedestrian heads are not acceptable.
4) All pedestrian heads shall be side mounted with appropriate housing and bracketry. 5) Provide curb ramps and truncated domes at every corner that has a pedestrian crossing. Curb ramps and truncated domes shall meet the latest ADA/PROWAG requirements.
1.15 PEDESTRIAN PUSH BUTTONASSEMBLY
1) Pedestrian push button locations shall meet latest edition of CA MUTCD and ADA standards.
2) If the signal standard is more than 10 feet from the landing area of the curb ramp, then install the push button(s) on apush-button pole adjacent to the curb ramp. 3) Pedestrian push buttons shall be 2-inch minimum in diameter complying with all Federal ADA requirements. Push buttons shall bevibratory.
4) The pedestrian push button assembly shall be Accessible Pedestrian Signal (APS) with a nine inch (9”) by fifteen inch (15”) international symbol push button plate per the latest edition of the Caltrans Standard Specifications.
5) The push button frame shall include adjustable mounting brackets to accommodate most standard Caltrans traffic signal poles.
6) The pedestrian push button housing shallbe:
a. Made of die cast aluminum.
b. A telescoping, vandal-proofdesign.
c. Painted a Federal Standard color (yellow) as specified by the Traffic Engineer. 7) Plastic push buttons housings are notacceptable.
8) Accessible Pedestrian Signal (APS) push buttons shall be Polara INS3-3-T-N-O-Y or approved equal APS.
9) Accessible Pedestrian Signal (APS) push buttons are to be installed at all locations possible. DRAFT 10 7/29/24
1.16 LED BLANKOUT SIGNS
1) LED Blank-out signs may be used at specific locations (upon approval by City Engineer) to minimize undesirable vehicularmovements.
2) The signs shall be compliant with the latest CA MUTCD requirement. 3) The window dimensions shall be 30”x30” for near side sign, and 36”x36” for far side sign.
1.17 LIGHTING STANDARDS
1) Safety lighting luminaires above the traffic signals shall conform to the City of Lake Elsinore Street Light Manual – Design criteria and Standards. Current safety lights used by the City are GE model ERL-1-0-13-D5-40-A-GRAY-L.
2) Safety Lighting shall be:
a. Completely assembled.
b. 120 volt.
c. Have photoelectric control unit and switches (Type IV). The photoelectric control unit shall have a shorting cap and capable of being controlled from the meter pedestal. d. Full cutofftype.
e. Have fifteen feet (15’) mast arms (maximum) unless otherwise directed by the City Engineer.
3) Optical Requirements for street lighting luminaires are asfollows:
Certified luminaire performance data shall be furnished with “Equipment List and Drawings,” conforming to State Standard Specifications. This data shall include complete photometric test data in the form of isolux charts at a scale of one-inch equals twenty feet (1” = 20’) for the luminaire and lamp sizes indicated on the plans. Alternate data may be in the form of horizontal foot-candle values recorded on a fifteen foot x fifteen foot (15’ x 15’) gird, extending one hundred fifty feet (150’) longitudinally from the light source and fifteen feet (15’) behind and one hundred twenty feet (120’) in front of the light source for the luminaire and lamp sizes indicated on the plan. The horizontal foot-candle levels in the data submitted shall provide a minimum horizontal foot-candle level of at least 0.9 fc average maintained in the intersection with minimum of 0.60 at centerline and 0.5 at the furthest crosswalk. Failure to satisfactorily meet the referenced values will be justification for refusal of equipment by the City ofLake Elsinore.
The test shall be performed by an independent and recognized testing laboratory or by the manufacturer’s laboratory. When the tests are performed by the manufacturer’s laboratory, the test data shall be certified. Subsequent to the CONTRACTOR’s installation of any street light luminaires, field checks may be performed at random by the Traffic Engineer or City Electrician or their assigned representative and calculated according to the “I.E.S. Guide for Photometric Measurement of Roadway Lighting Installations (LM-50),” approved in July 1974. Failure to satisfactorily meet or exceed the referenced values during field check will be justification for replacement by the CONTRACTOR at the sole option of the City.
1.18 SALVAGED EQUIPMENT
1) The CONTRACTOR shall deliver all salvaged equipment to a location as determined by City Inspector.
2) Obtain a receipt for all salvagedequipment.
2.0 TRAFFIC SIGNAL INTERCONNECT DRAFT
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1) Traffic signal interconnect shall be provided on all new traffic signals and existing traffic signal modifications to all adjacent traffic signals determined by the City Engineer. 2) All traffic signal interconnect designs shall be fiber optic unless otherwise approved by the City Engineer and shall be designed and installed per the latest edition of the Caltrans “Fiber Optic Design Guidelines.”
3) Under special conditions wireless or other methods of interconnect may be used when approved by the City Engineer.
4) The existing SIC system shall be maintained at all times during construction. In the event of damage, the CONTRACTOR or responsible party, as determined by the project inspector, shall commence repairs immediately. Repairs shall be completed within 10 working days or the City shall have the option to complete necessary repairs and charge the responsible CONTRACTOR(s) for any associated repair costs.
2.1 INTERCONNECT CONDUIT
1) All interconnect conduits shall be three inches (3") minimum. All conduits shall have mule tape. 2) All new intersections shall include separate conduits for SIC and signal wiring (including DLC).
Sharing of the DLC and CCTV wiring in the same conduits with SIC will be allowed on intersection modifications, as long as conduit fill isless than 40% and as approved by the City Engineer.
3) All interconnect conduits shall contain a No. 8 green insulated stranded copper tracewire. 4) All conduits entering pull boxes, vaults and cabinets shall be protected with duct seal. No open holes are allowed.
5) Install conduit to a depth of not less than 30 inches below finished grade, except in sidewalk and curbed paved median areas, where it must be at least 18 inches below grade. See City of Lake Elsinore Standard Plan #421 for additionalinformation. 6) See Section 1.3 of this Specification for additional conduitinformation.
2.2 INTERCONNECT PULL BOXES ANDVAULTS
1) All interconnect pull boxes shall be #6 concrete with extension and installed per Caltrans Standard Plans ES-8A except as approved by the City Engineer for existing facilities. 2) Interconnect pull box lids shall be stamped“SIGNAL COMMUNICATION”. 3) Boxes shall be installed between 300 feet (minimum) and 600 feet (maximum) apart unless geographical or site conditions necessitate a shorterrun. 4) SIC conduit shall be installed in pull boxes using 45-degree, UL approved elbows. These elbows shall be placed as far apart in the pull box as possible, oriented in the direction of the cable, and offset to one side to facilitate cable pulling andcoiling. 5) Approximately 100-feet of SIC slack shall be coiled inside of each splice box (12 and 72 SMFOC). Approximately 100-feet of SIC slack shall be coiled on either side of the splice enclosure where present.
6) Approximately 20-feet of SIC slack shall be coiled inside of each pull box. 7) Approximately 20-feet of SIC slack shall be coiled inside each controllercabinet. 8) See Section 1.2 of this Specification for additional pull boxinformation.
2.3 TRACERWIRE
1) All interconnect conduits shall contain a No. 8 green insulated stranded copper tracewire. 2) No splices are permitted between pullboxes.
3) Proper operation of the tracer wire shall be demonstrated priorto acceptance. DRAFT 12 7/29/24
2.4 INTERCONNECT CABLE
1) All fiber optic cable shall be single mode. Approved cable is Altos Loose Tube All Dielectric Gel Free Cables with FastAccess Technology or approved equal. Trunk fiber optic cable shall be minimum 72 fiber count. Product code is 072-E-U4-T47-01-D20, or approvedequal. 2) Cable installed in runs between splice enclosures and cabinet termination equipment shall be minimum 12 fiber count. Product code is 012-E-U4-T47-01-D20, or approvedequal. 3) Splices are to be made in splice enclosures in fiber optic vault only. SIC shall be continuous and unspliced between cabinets. Exceptions must be approved by City Engineer. 4) The design engineer shall perform a site survey to determine slack availability on existing SIC runs, or require cable replacement when sufficient slack isnot available. 5) A patch panel shall be installed to terminate the 12 SMFOC. In instances where there is insufficient rack capacity, a spider fan out kit shall be installed upon approval of City Engineer. 6) New SIC shall be connected to the City network and a revised assignment table shall be submitted as part of the finaldesign.
7) Where existing copper SIC (CuSIC) is to be retained, CuSIC shall be a minimum of six (6) twisted pair 20 AWG conductor communication cable with standard color code and water resistant as required by Caltrans specifications. CuSIC (Must be approved by theCity).
2.5 FIBER OPTIC INTERCONNECT EQUIPMENT
Termination components for vaults and signal cabinets are listed in Table 3 below. The fiber optic cables shall be terminated and/or spliced with these components per the fiber assignment provided by Traffic Engineering during project design or before signal turn-on. A minimum of 5 working daysnotice will be required for Traffic Engineering to produce this documentation.
Table 3: Cabinet and Vault Fiber Termination Components Description Manufacturer Model
Splice Closures Corning SCF-4C18-01
Splice Closure Splice Tray Corning SCF-ST-099
Splice Housing Corning
Splice Trays Corning M67-048
Cabinet Termination Corning CCH-01U
72 Port Patch Panel with MTP
Adapter Corning CCHE-CP72-89
12 Port Panel Corning CCH-CP12-A9
Fiber Distribution Unit Corning CCH-01U
Splice Cassette Corning CCH-CS12-A9-P00RE
Jumpers Generic
Connectors Generic LC
2.6 COMMUNICATION DATANETWORK
The communication protocol shall be Ethernet. New or modified signals shall receive the communication standard components in Table 4.
Table 4: Data Communication Standards DRAFT
13 7/29/24
Description Manufacturer Model
Ethernet Switch Cisco- Fiber IE-4000-
4GS8GP4G-E
Actelis- Copper ML688
Power Supply Cisco
Cat 6 Patch Cable RJ45 Generic
Power Connection Generic
Gigabit Fiber SFP
Transceivers
Cisco
2.7 ETHERNET SWITCHES
Ethernet switches shall provide the following functionality:
1) All switches shall be managed and support advanced featuresincluding:
a. Port based VLAN segregation.
b. DHCP snooping and/or IGMP snooping
c. MAC addressfiltering
d. Quality of Service
e. SNMP
f. Remote Management
2) Fiber uplinks shall be single mode and support 10/100/1000 Duplex Ethernet ports and provide long haul capacity.
3) In addition to the above requirements, local switches (located at intersections) shall meet the following requirements:
a. Shall be environmentally hardened (-40 to 160 degrees F) and NEMA TS-2rated. b. Provide a minimum eight ports with a minimum of six 10/100 Base TX copper ports and two duplex fiber uplink ports.
c. The fiber uplink ports shall be SC, LX, or LC type connectors. Connectors shall be compatible with Gigabitspeed.
d. Power supply shall support 120 VAC and/or 24VDC.
e. The switch shall support standard 332 rack mount, DIN rail or19” rack mountable. 4) All switches shall provide a minimum 2 year warranty on parts and 1 year “live” technical support (either in person or over the phone) during business hours (either in person or over the phone) during business hours (Pacific time) 9AM to 5PM Monday through Friday, from the date of installation Warranty parts replacement shall be within three business days. A warranty certificate meeting these requirements shall be provided on the date ofinstallation. 5) Fiber SFP Transceivers shall be Corningbrand.
The CONTRACTOR shall provide, install and configure all Ethernet switches at the local intersections and test the communication between the field switch and the TMC. The switches shall be configured with IP address provided by Traffic Engineering during project design or before operational tests. A minimum of 5 working days notice will be required for Traffic Engineering to produce this documentation. The testing of the Ethernet switches shall provide for the necessary operation of all devices connected to the Ethernet System.
Approved manufacturers of Ethernet communications shall include Cisco. Non-listed manufacturers shall be approved by the City Engineer. DRAFT 14 7/29/24
2.8 BROADBAND WIRELESS ETHERNETCOMMUNICATION
The Broadband Wireless Ethernet Communication System shall provide traffic signal and CCTV video and control communication. The CONTRACTOR shall furnish and install such other items or details not mentioned below, that are required to construct a complete and operational system including: antennas, radios, mounting equipment, hardware, cabling, and incidental materials shall be performed, placed, constructed or installed.
The CONTRACTOR shall follow the manufacturer recommendations and instructions for installation.
Wireless communication shall provide the following functionality:
1) Support Ethernet communications.
2) Support mesh network topology and point-to-point and point-to-multipoint configuration. 3) 802.11 Compliant and operate on alicense free band.
4) Provide a minimum of 300 Mbps datarate.
5) Provide a minimum of 10 milesrange.
6) Provide security encryption (WPA, WPA2, MAC, andRadius) 7) Be compatible with Ethernet switching and routing protocolsincluding:
a. VLAN
b. VPN
c. DHCP snooping
d. Quality of Service
e. SNMP
f. Remote Management
8) Be a NEMA ratedenclosure.
9) Power supply support 120 VAC and/or 24VDC.
10) All wireless equipment shall provide a minimum 2-year warranty on parts and 1 year “live” technical support (either in person or over the phone) during business hours (either in person or over the phone) during business hours (Pacific time) 9AM to 5PM Monday through Friday, from the date of installation Warranty parts replacement shall be within three business days. A warranty certificate meeting these requirements shall be provided on the date of installation. 11) Radio shall come with management software with no licensingfees.
The CONTRACTOR shall perform a wireless site survey to determine the exact radio path and signal strength values to each wireless site. The results of the survey (path quality, data integrity, and spectrum analysis) shall be provided to the Engineer to determine optimized system configuration and performance.
The CONTRACTOR shall test the completed system and ensure the proper functioning of all wireless components and connected devices to the satisfaction of the Engineer.
Approved manufacturers of Wireless Ethernet communication solutions include Proxim Wireless or Approved Equal. Non-listed manufacturers shall be approved by the Engineer.
2.9 CCTV VIDEONETWORK
All new traffic signal installations shall include, as part of the standard safety systems, the installation of CCTV camera equipment and transmission equipment and any additional wiring or hardware required to support an operational CCTV system. This requirement shall apply unless otherwise specified by the City Traffic Engineer. Table 5 provides the camera equipment. DRAFT 15 7/29/24
1) The CCTV communication protocol shall be Ethernet. Ethernet requirements are provided in Section 2.7.
2) A License Key shall beprovided for each CCTV camera. 3) The approved location for new CCTV camera installations shall be specified by the City Traffic Engineer.
4) Installation: The CCTV system shall be installed per manufacturer’s installation recommendations.
5) Power for CCTV systems at new intersections shall consist of a power cord plugged into a power strip mounted on the rail of the 332 cabinet plugged into Equipment Receptacle 2. The next alternative locations in order of preference are the ECB and least used signal breaker (auxiliary). The power cord shall be routed through the pole and terminated in the CCTV housing per the manufacturer’sinstructions.
6) The CCTV transmission equipment shall be installed and tested for operation by the CONTRACTOR to the satisfaction of the City Engineer before acceptance of the system.
CCTV Camera and Transmission components required to accommodate a typical CCTV installation are shown in Table 5 below.
Table 5: CCTV Camera and Transmission Equipment
Description Manufacturer Model
Dome Camera Bosch MIC IP dynamic 7000 HD
Coaxial cable Generic RG6A/U
Data cable Generic
Pole Mount Bracket Bosch MIC-PMB
Wall Mount Bracket Bosch MIC-WMB-WD
Shallow Conduit Adaptor Bosch MIC-SCA-WD
POE+ Power Supply Bosch NPD-6001A
2.10 TESTING
1) The CONTRACTOR will be responsible for ensuring the operability and quality of SIC delivered from the manufacturer before installation. SIC shall not be removed from the reel or installed until it has been successfully tested by the CONTRACTOR. The pre-installation test results shall be documented and provided to the Engineering Division Inspector for approval. SIC found to be defective or damaged shall be returned to the source for replacement by the CONTRACTOR. 2) Fiber optic SIC shall be installed, spliced, terminated, and tested in accordance with NECA/FOA 301-2009 standards. This includes pre-installation and post installation testing of the cable. 3) Pre-installation testing shall be performed on all fibers using an Optical Time-Domain Reflectometer (OTDR) to preclude manufacturing and shipping damage. The CONTRACTOR shall perform such testing either on-site or at a holding facility prior to installing the cable into conduit.
4) Post-installation testing of all terminated fibers shall be performed using launch cables at both ends as specified in NECA/FOA 301-2009 Annex B.3. The CONTRACTOR shall perform such testing on-site after all termination and splicing work iscompleted. DRAFT 16 7/29/24
5) Test results, in the form of pre-installation test data and post installation OTDR traces, shall be provided to the Engineering Division Inspector in a bound hard copy format along with the electronic file and appropriate viewing software, for review and approval after installation and splicing/termination work are completed.
6) The pre-installation test results shall be in the form of a spreadsheet detailing the length and loss/km for each fiber as well as the parameters used for testing. The post-installation OTDR traces shall clearly show each continuous fiber, the connectors on each end, and the loss for each event.
7) The Engineering Division Inspector shall approve the test results before final acceptance.
2.11 GPS UTB MODULES
A Global Positioning System Universal Time Base (GPS UTB) module shall be furnished and installed within the cabinet for all new traffic signals and modified traffic signals that do not have a GPS UTB module. The module shall incorporate a microprocessor unit and utilize an external antenna to retrieve time signals from the atomic clocks of the United States National Institute of Standards broadcast on the GPS satellite network. Modules for 2070 controllers shall be in rack mount form factor. All other controller types shall utilize a stand-alone module. Modules shall be McCain model 2070-7G unless otherwise directed by the City Engineer or required by the controller manufacturer.
3.0 TRAFFIC CALMING DEVICES
3.1 SPEED RADAR SIGNS
1) Speed radar signs shall be Traffic Logix SafePace evolution 15 or as approved by the City Engineer.
2) Speed radar shall be solar powered unless otherwise approved by City Engineer. 3) Speed radar shall have Bluetooth and ethernet communications capabilities. 4) Speed radar device shall have remote monitor and management capabilities. 5) Speed radar signs shall be mounted on Type 15-FBS pole (16’ high), or existing street light.
3.2 SCHOOL FLASHER SIGNS
1) School flasher signs shall be determined by City Engineer. 2) School flashershall be solar powered unless otherwise approved by City Engineer. 3) School flashershall have Bluetooth and ethernet communications capabilities. 4) School flasher device shall have remote monitor and management capabilities. 5) School flashersigns shall be mounted on Type 15-FBS pole (16’ high), or existing street light.
3.3 RECTANGULAR RAPID FLASHING BEACON (RRFB) SIGNS
1) RRFB signs shall be W11-2 (30” x 30”) and W16-7P (24” x 12”) at a minimum. 2) RRFB shall be solar powered unless otherwise approved by City Engineer. 3) RRFB signs shall be mounted on 2” solid quick punch telespar pole, Type 15-FBS pole (16’ high), or existing street light. DRAFT
17 7/29/24
4) APS buttons shall be installed on every RRFB sign..
4.0 TRAFFIC SIGNAL GENERALNOTES
For City of Lake Elsinore Traffic Signal General Notes, see Improvement General Notes section of the City website.
DRAFT
18) TUMF Credit/Reimbursement Agreement for Transportation Improvements Constructed by Zairey, Inc.
Approve and authorize the Mayor to execute the Credit/Reimbursement Agreement between the City, Western Riverside Council of Governments (WRCOG), and Zairey, Inc. for the construction of improvements in such final form as approved by the City Attorney.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: September 24, 2024
Subject: TUMF Credit/Reimbursement Agreement for Transportation Improvements Constructed by Zairey, Inc.
Recommendation
Approve and authorize the Mayor to execute the Credit/Reimbursement Agreement between the City, Western Riverside Council of Governments (WRCOG), and Zairey, Inc. for the construction of improvements in such final form as approved by the City Attorney.
Background
Section 16.83.040.G of the Lake Elsinore Municipal Code titled Transportation Uniform Mitigation Fee (“TUMF”) Program provides that a developer may obtain fee credits by constructing public improvements that are to be otherwise funded by the TUMF Program.
Discussion
Zairey, Inc. (Zairey) is the developer of the Bamiyan Marketplace project located at the western corner of Grand Avenue and Ortega Highway. As a condition for obtaining these entitlements, Zairey is required to construct off-site street improvements.
As part of satisfying those requirements, Zairey and Western Riverside Council of Governments (WRCOG) have requested the City to enter into a credit agreement with respect to the TUMF Mitigation Fee, where Zairey will construct eligible TUMF public improvements on Grand Avenue. The project will be constructing approximately 1,500 linear feet of street widening on Grand Avenue, where such improvements are cumulatively eligible for TUMF credits up to an estimated amount of $2,080,966. The credit or reimbursement value for the difference in the total obligation and fee credit may differ depending on the final reconciliation.
Bamiyan Marketplace TUMF
Fiscal Impact
There is no fiscal impact to the City. The agreement provides for the actual construction of eligible public improvements in lieu of payment of fees.
Attachments
Attachment 1 - TUMF Credit/Reimbursement Agreement
Exhibit A - Improvement Exhibit
Engineering
For Use Between Public Agency and Developer
“Master Agreement”
IMPROVEMENT AND CREDIT / REIMBURSEMENT AGREEMENT
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
This IMPROVEMENT AND CREDIT AGREEMENT (“Agreement”) is entered into this day of , 2024, (the “Effective Date”) by and between the City of Lake Elsinore, (“AGENCY”), the Western Riverside Council of Governments, a joint powers Agency, (“WRCOG”) and Zairey, Inc., a California Corporation, with its principal place of business at 45 Cinch Road, Bell Canyon, CA 91307 (“Developer”). AGENCY and Developer are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.
RECITALS
WHEREAS, Developer owns 12.55 acres of real property located within the AGENCY of the City of Lake Elsinore, California, which is more specifically described in the legal description set forth in Exhibit “A”, attached hereto and incorporated herein by this reference (“Property”); WHEREAS, Developer has requested from AGENCY-certain entitlements and/or permits for the construction of improvements on the Property, which are more particularly described as 1,500 linear feet of improvements (add two lanes, curb and gutter, and traffic signal improvements) on Grand Avenue from Macy Street to Highway 74 (“Project”); WHEREAS, the AGENCY is a member agency of WRCOG, a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. WRCOG is the administrator for the Transportation Uniform Mitigation Fee (“TUMF”) Program; WHEREAS, as part of the TUMF Program, the AGENCY has adopted “Transportation Uniform Mitigation Fee Nexus Study: 2016 Update” (“2016 Nexus Study”) WHEREAS, as a condition to AGENCY’s approval of the Project, AGENCY has required Developer to construct certain street and transportation system improvement(s) of regional importance (“TUMF Improvements”);
WHEREAS, pursuant to the TUMF Program, the AGENCY requires Developer to pay the TUMF which covers the Developer’s fair share of the costs to deliver those TUMF Improvements that help mitigate the Project’s traffic impacts and burdens on the Regional System of Highways and Arterials (also known as the “TUMF Network”), generated by the Project and that are necessary to protect the safety, health and welfare of persons that travel to and from the Project using the TUMF Network;
WHEREAS, the TUMF Improvements have been designated as having Regional or Zonal Significance as further described in the 2016 Nexus Study and the 5 year Transportation Improvement Program as may be amended;
WHEREAS, AGENCY. WRCOG and Developer now desire to enter into this Agreement for the following purposes: (1) to provide for the timely delivery of the TUMF Improvements, (2) to ensure that delivery of the TUMF Improvements is undertaken as if the TUMF Improvements were constructed under the direction and authority of the AGENCY, (3) to provide a means by -2-
which the Developer’s costs for project delivery of the TUMF Improvements and related right-ofway is offset against Developer’s obligation to pay the applicable TUMF for the Project in accordance with the TUMF Administrative Plan adopted by WRCOG, and (4) to provide a means, subject to the separate approval of WRCOG, for Developer to be reimbursed to the extent the actual and authorized costs for the delivery of the TUMF Improvements exceeds Developer's TUMF obligation.
NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, Developer and AGENCY hereby agree as follows:
TERMS
1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2.0 Construction of TUMF Improvements. Developer shall construct or have constructed at its own cost, expense, and liability certain street and transportation system improvements generally described as 1,500 linear feet of improvements (add two lanes, curb and gutter, and traffic signal improvements) on Grand Avenue from Macy Street to Highway 74 and as shown more specifically on the plans, profiles, and specifications which have been or will be prepared by or on behalf of Developer and approved by AGENCY, and which are incorporated herein by this reference (“TUMF Improvements”). Construction of the TUMF Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. Developer shall be responsible for the replacement, relocation, or removal of any component of any existing public or private improvement in conflict with the construction or installation of the TUMF Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of AGENCY and the owner of such improvement. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the TUMF Improvements.
2.1 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any portion of the TUMF Improvements until all plans and specifications for the TUMF Improvements have been submitted to and approved by AGENCY. Approval by AGENCY shall not relieve Developer from ensuring that all TUMF Improvements conform with all other requirements and standards set forth in this Agreement.
2.2 Permits and Notices. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the TUMF Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.
2.3 Public Works Requirements. In order to insure that the TUMF Improvements will be constructed as if they had been constructed under the direction and supervision, or under the -3-
authority of, AGENCY, Developer shall comply with all of the following requirements with respect to the construction of the TUMF Improvements:
(a) Developer shall obtain bids for the construction of the TUMF Improvements, in conformance with the standard procedures and requirements of AGENCY with respect to its public works projects, or in a manner which is approved by the Public Works Department.
(b) The contract or contracts for the construction of the TUMF Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the TUMF Improvements.
(c) Developer shall require, and the specifications and bid and contract documents shall require, all such contractors to pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and to otherwise comply with applicable provisions of the Labor Code, the Government Code and the Public Contract Code relating to public works projects of cities/counties and as required by the procedures and standards of AGENCY with respect to the construction of its public works projects or as otherwise directed by the Public Works Department.
(d) All such contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the TUMF Improvements which they will construct in conformance with AGENCY’s standard procedures and requirements. (e) Developer and all such contractors shall comply with such other requirements relating to the construction of the TUMF Improvements which AGENCY may impose by written notification delivered to Developer and each such contractor at any time, either prior to the receipt of bids by Developer for the construction of the TUMF Improvements, or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof.
Developer shall provide proof to AGENCY, at such intervals and in such form as AGENCY may require that the foregoing requirements have been satisfied as to the TUMF Improvements.
2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the TUMF Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements.
The TUMF Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with AGENCY, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.
2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required, constructing the TUMF Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work -4-
assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
2.6 Alterations to TUMF Improvements. All work shall be done and the TUMF Improvements completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation it is determined that the public interest requires alterations in the TUMF Improvements, Developer shall undertake such design and construction changes as may be reasonably required by AGENCY. Any and all alterations in the plans and specifications and the TUMF Improvements to be completed may be accomplished without first giving prior notice thereof to Developer’s surety for this Agreement.
3.0 Maintenance of TUMF Improvements. AGENCY shall not be responsible or liable for the maintenance or care of the TUMF Improvements until AGENCY approves and accepts them.
AGENCY shall exercise no control over the TUMF Improvements until accepted. Any use by any person of the TUMF Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to AGENCY’s acceptance of the TUMF Improvements. Developer shall maintain all of the TUMF Improvements in a state of good repair until they are completed by Developer and approved and accepted by AGENCY, and until the security for the performance of this Agreement is released. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by AGENCY. If Developer fails to properly prosecute its maintenance obligation under this section, AGENCY may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. AGENCY shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the TUMF Improvements or their condition prior to acceptance. In no event shall WRCOG be responsible for the maintenance, operation or care of the TUMF Improvements
4.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of the construction of the TUMF Improvements, including, but not limited to, all plan check, design review, engineering, inspection, sewer treatment connection fees, and other service or impact fees established by AGENCY.
5.0 AGENCY Inspection of TUMF Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the TUMF Improvements, maintain reasonable and safe facilities and provide safe access for inspection by AGENCY of the TUMF Improvements and areas where construction of the TUMF Improvements is occurring or will occur.
6.0 Liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the TUMF Improvements, Developer shall provide to AGENCY such evidence or proof as AGENCY shall require that all persons, firms and corporations supplying work, labor, materials, supplies and equipment to the construction of the TUMF Improvements, have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to AGENCY a title insurance policy or other security acceptable to AGENCY guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property.
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7.0 Acceptance of TUMF Improvements; As-Built or Record Drawings. If the TUMF Improvements are properly completed by Developer and approved by AGENCY, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, AGENCY shall be authorized to accept the TUMF Improvements.
AGENCY may, in its sole and absolute discretion, accept fully completed portions of the TUMF Improvements prior to such time as all of the TUMF Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the TUMF Improvements.
Upon the total or partial acceptance of the TUMF Improvements by AGENCY, Developer shall file with the Recorder’s Office of the County of Riverside a notice of completion for the accepted TUMF Improvements in accordance with California Civil Code sections 8182, 8184, 9204, and 9208 (“Notice of Completion”), at which time the accepted TUMF Improvements shall become the sole and exclusive property of AGENCY without any payment therefore. Notwithstanding the foregoing, AGENCY may not accept any TUMF Improvements unless and until Developer provides one (1) set of “as-built” or record drawings or plans to the AGENCY for all such TUMF Improvements. The drawings shall be certified and shall reflect the condition of the TUMF Improvements as constructed, with all changes incorporated therein.
8.0 Warranty and Guarantee. Developer hereby warrants and guarantees all the TUMF Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the TUMF Improvements, for a period of one (1) year following completion of the work and acceptance by AGENCY (“Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the TUMF Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of AGENCY, and to the approval of AGENCY. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any TUMF Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following AGENCY’s acceptance of the repaired, replaced, or reconstructed TUMF Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any TUMF Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.
9.0 Administrative Costs. If Developer fails to construct and install all or any part of the TUMF Improvements, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to AGENCY for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
10.0 Default; Notice; Remedies.
10.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if AGENCY determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, AGENCY may at any time thereafter declare Developer to be in default or violation of this -6-
Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation (“Notice”). Developer shall substantially commence the work required to remedy the default or violation within five (5) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, AGENCY may provide the Notice verbally, and Developer shall substantially commence the required work within twentyfour (24) hours thereof. Immediately upon AGENCY’s issuance of the Notice, Developer and its surety shall be liable to AGENCY for all costs of construction and installation of the TUMF Improvements and all other administrative costs or expenses as provided for in this Section 10.0 of this Agreement.
10.2 Failure to Remedy; AGENCY Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to AGENCY within the time frame contained in the Notice, AGENCY may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. AGENCY’s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any of the TUMF Improvements at the time of AGENCY’s demand for performance. In the event AGENCY elects to complete or arrange for completion of the remaining work and the TUMF Improvements, AGENCY may require all work by Developer or its surety to cease in order to allow adequate coordination by AGENCY.
10.3 Other Remedies. No action by AGENCY pursuant to this Section 10.0 et seq. of this Agreement shall prohibit AGENCY from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law.
AGENCY may exercise its rights and remedies independently or cumulatively, and AGENCY may pursue inconsistent remedies. AGENCY may institute an action for damages, injunctive relief, or specific performance.
11.0 Security; Surety Bonds. Prior to the commencement of any work on the TUMF Improvements, Developer or its contractor shall provide AGENCY with surety bonds in the amounts and under the terms set forth below (“Security”). The amount of the Security shall be based on the estimated actual costs to construct the TUMF Improvements, as determined by AGENCY after Developer has awarded a contract for construction of the TUMF Improvements to the lowest responsive and responsible bidder in accordance with this Agreement (“Estimated Costs”). If AGENCY determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by AGENCY. Developer’s compliance with this Section 11.0 et seq. of this Agreement shall in no way limit or modify Developer’s indemnification obligation provided in Section 12.0 of this Agreement.
11.1 Performance Bond. To guarantee the faithful performance of the TUMF Improvements and all the provisions of this Agreement, to protect AGENCY if Developer is in default as set forth in Section 10.0 et seq. of this Agreement, and to secure the one-year guarantee and warranty of the TUMF Improvements, Developer or its contractor shall provide AGENCY a faithful performance bond in an amount which sum shall be not less than one hundred percent -7-
(100%) of the Estimated Costs. The AGENCY may, in its sole and absolute discretion, partially release a portion or portions of the security provided under this section as the TUMF Improvements are accepted by AGENCY, provided that Developer is not in default on any provision of this Agreement and the total remaining security is not less than _______________ (___%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 11.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement.
11.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the TUMF Improvements and this Agreement, Developer or its contractor shall provide AGENCY a labor and materials bond in an amount which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of AGENCY after six (6) months from the date AGENCY accepts the TUMF Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic’s lien claims of which AGENCY is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of AGENCY’s anticipated administrative and legal expenses arising out of such claims.
11.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of at least “A” and FSC-VIII, shall be licensed to do business in California, and shall be satisfactory to AGENCY. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer, its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by AGENCY in enforcing the obligations of this Agreement. Developer, its contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the TUMF Improvements, or the plans and specifications for the TUMF Improvements shall in any way affect its obligation on the Security.
11.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit “B”, unless other forms are deemed acceptable by the AGENCY, and when such forms are completed to the satisfaction of AGENCY, the forms and evidence of the Security shall be attached hereto as Exhibit “B” and incorporated herein by this reference.
12.0 Indemnification. Developer shall defend, indemnify, and hold harmless AGENCY, the Western Riverside Council of Governments (WRCOG), their elected officials, board members, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its employees, contractors, or agents in connection with the performance of this Agreement, or arising out of or in any way related to or caused by the TUMF Improvements or their condition prior to AGENCY’s approval and acceptance of the TUMF Improvements (“Claims”). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorney fees, and related costs or expenses, and the reimbursement of AGENCY, WRCOG, their elected officials, board members, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim -8-
which is caused solely and exclusively by the negligence or willful misconduct of AGENCY as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by AGENCY, WRCOG, their elected officials, board members, employees, or agents.
13.0 Insurance.
13.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
13.1.1 General Liability. Occurrence form general liability insurance at least as broad as Insurance Services Office Form CG 00 01, or equivalent form, with an occurance limit of Two Million Dollars ($2,000,000) and aggregate limit of Four Million Dollars ($4,000,000) for bodily injury, personal injury, and property damage.
13.1.2 Business Automobile Liability. Business automobile liability insurance at least as broad as Insurance Services Office Form CA 00 01 (coverage symbol 1 – any auto), or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
13.1.3 Workers’ Compensation. Workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees.
13.1.4 Professional Liability. For any consultant or other professional who will engineer or design the TUMF Improvements, liability insurance for errors and omissions with limits not less than Two Million Dollars ($2,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the TUMF Improvements. Such insurance shall be endorsed to include contractual liability.
13.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by AGENCY. At the option of AGENCY, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects AGENCY, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to AGENCY guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
13.3 Additional Insured; Separation of Insureds. The Required Insurance, except for the professional liability and workers’ compensation insurance, shall name AGENCY, WRCOG, their elected officials, board members, officers, employees, and agents as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including any materials, -9-
parts, or equipment furnished in connection therewith. For Required Insurance provided by Developer’s contractors, WRCOG shall be added as an additional insured using ISO CG 2038 or an exact equivalent. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to AGENCY, WRCOG, their elected officials, board members, officers, employees, or agents.
13.4 Primary Insurance; Waiver of Subrogation. The Required Insurance, except for the professional liability and workers’ compensation insurance shall be primary with respect to any insurance or self-insurance programs covering AGENCY, WRCOG, their elected officials, board members, officers, employees, or agents. The Required Insurance, except for the professional liability insurance, shall provide that the insurance company waives all right of recovery by way of subrogation against AGENCY and WRCOG in connection with any damage or harm covered by such policy.
13.5 Certificates; Verification. Developer and its contractors shall furnish AGENCY with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by AGENCY before work pursuant to this Agreement can begin.
AGENCY reserves the right to require complete, certified copies of all required insurance policies, at any time.
13.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days’ prior written notice to AGENCY. If such notice of cancellation endorsements are unavailable, Developer shall provide such thirty (30) days’ written notice of cancellation.
13.7 Insurer Rating. Unless approved in writing by AGENCY, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least “A” and FSC-VIII.
14.0 TUMF Credit.
14.1 Developer’s TUMF Obligation. Developer hereby agrees and accepts that as of the date of this Agreement, the estimated amount Developer is obligated to pay to AGENCY pursuant to Ordinance No. 2017-1381 (City of Lake Elsinore Municipal Code Chapter 16.83) as part of the TUMF Program is $610,733 for the various Project uses including a gas station, convenience store, quick-serve restaurants, automated self-service car wash, office space, fast food restaurants, retail space, apartments or condos, and multi-family residential. (“TUMF Obligation”). This TUMF Obligation shall be initially determined under the TUMF fee schedule in effect for the AGENCY at the time the Developer submits a building permit application for the TUMF Improvement. Notwithstanding, this TUMF Obligation does not have to be paid until the Certificate of Occupancy is obtained.
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14.2 Fee Adjustments. Notwithstanding the foregoing, Developer agrees that this Agreement shall not estop AGENCY from adjusting the TUMF in accordance with the provisions of Ordinance No. 2017-1381 (City of Lake Elsinore Municipal Code Chapter 16.83).
14.3 Credit Offset Against TUMF Obligation. Pursuant to Ordinance No. 2017-1381 (City of Lake Elsinore Municipal Code Chapter 16.83) and in consideration for Developer's obligation under this Agreement for the delivery of TUMF Improvements, credit shall be applied by AGENCY to offset the TUMF Obligation (“Credit”) subject to adjustment and reconciliation under Section 14.5 of this agreement. Developer hereby agrees that the amount of the Credit shall be applied after Developer has initiated the process of project delivery of TUMF Improvements to the lowest responsible bidder in accordance with this Agreement. Developer further agrees that the dollar amount of the Credit shall be equal to the lesser of: (A) the bid amount set forth in the contract awarded to the lowest responsible bidder, or (B) the unit cost assumptions for the TUMF Improvement in effect at the time of the contract award, as such assumptions are identified and determined in the most recent TUMF Nexus Study and the TUMF Administrative Plan adopted by WRCOG (“Unit Cost Assumptions”).
The bid amount and the Unit Cost Assumptions shall hereafter be collectively referred to as “Estimated Credit”. At no time will the Credit exceed the Developer’s TUMF Obligation. If the dollar amount of the Estimated Credit exceeds the dollar amount of the TUMF Obligation, Developer will be deemed to have completely satisfied its TUMF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 14.6 of this Agreement. If the dollar amount of the Estimated Credit is less than the dollar amount of the TUMF Obligation, the Developer agrees the Credit shall be applied to offset the TUMF Obligation as follows:
(i) For residential units in the Project, the Credit shall be applied to all residential units to offset and/or satisfy the TUMF Obligation. The residential units for which the TUMF Obligation has been offset and/or satisfied by use of the Credit, and the amount of offset applicable to each unit, shall be identified in the notice provided to the Developer by AGENCY pursuant to this section.
(ii) For commercial and industrial structures in the Project, the Credit shall be applied to all commercial and industrial development to offset and/or satisfy the TUMF Obligation. The commercial or industrial structure(s) for which the TUMF Obligation has been offset and/or satisfied by use of the Credit, and the amount of offset applicable to such structure(s), shall be identified in the notice provided to the Developer by AGENCY pursuant to this section.
AGENCY shall provide Developer written notice of the determinations that AGENCY makes pursuant to this section, including how the Credit is applied to offset the TUMF Obligation as described above.
14.4 Verified Cost of the TUMF Improvements. Upon recordation of the Notice of Completion for the TUMF Improvements and acceptance of the TUMF Improvements by AGENCY, Developer shall submit to the AGENCY Public Works Director the information set forth in the attached Exhibit “C”. The AGENCY Public Works Director, or his or her designee, -11-
shall use the information provided by Developer to calculate the total actual costs incurred by Developer in delivering the TUMF Improvements covered under this Agreement (“Verified Costs”). The AGENCY Public Works Director will use his or her best efforts to determine the amount of the Verified Costs and provide Developer written notice thereof within thirty (30) calendar days of receipt of all the required information from Developer. The Agency may request that WRCOG calculate the amount of the Verified Cost. In this case, the AGENCY shall provide WRCOG written notice and all necessary documentation and allow WRCOG fifteen (15) days to determine costs. Agency will notify the Developer within the previous thirty (30) day deadline
14.5 Reconciliation; Final Credit Offset Against TUMF Obligation. The Developer is aware of and accepts the fact that Credits are speculative and conceptual in nature. The actual amount of Credit that shall be applied by AGENCY to offset the TUMF Obligation shall be equal to the lesser of: (A) the Verified Costs or (B) Unit Cost Assumptions for the TUMF Improvements as determined in accordance with Section 14.3 of this Agreement (“Actual Credit”). No Actual Credit will be awarded until the Verified Costs are determined through the reconciliation process.
Please be advised that while a Developer may use an engineer’s estimates in order to estimate Credits for project planning purposes, the Actual Credit awarded will only be determined by the reconciliation process.
(a) TUMF Balance. If the dollar amount of the Actual Credit is less than the dollar amount of the TUMF Obligation, the AGENCY Public Works Director shall provide written notice to Developer of the amount of the difference owed (“TUMF Balance”) and Developer shall pay the TUMF Balance in accordance with 2017-1381 (City of Lake Elsinore Municipal Code Chapter 16.83) to fully satisfy the TUMF Obligation (see Exhibit “F” - Example “A”).
(b) TUMF Reimbursement. If the dollar amount of the Actual Credit exceeds the TUMF Obligation, Developer will be deemed to have fully satisfied the TUMF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 14.6 of this Agreement. AGENCY shall provide Developer written notice of the determinations that AGENCY makes pursuant to this section (see Exhibit “F” - Example “B”).
(c) TUMF Overpayment. If the dollar amount of the Actual Credit exceeds the Estimated Credit, but is less than the TUMF Obligation, but the Actual Credit plus additional monies collected by AGENCY from Developer for the TUMF Obligation exceed the TUMF Obligation (“TUMF Overpayment”), Developer will be deemed to have fully satisfied the TUMF Obligation for the Project and may be entitled to a refund. The AGENCY’s Public Works Director shall provide written notice to WRCOG and the Developer of the amount of the TUMF Overpayment and AGENCY shall direct WRCOG to refund the Developer in accordance with Ordinance No. 2017-1381 (City of Lake Elsinore Municipal Code Chapter 16.83) (see Exhibit “F” - Example C).
14.6 Reimbursement Agreement. If authorized under either Section 14.3 or Section 14.5 Developer may apply to AGENCY and WRCOG for a reimbursement agreement for the amount by which the Actual Credit exceeds the TUMF Obligation, as determined pursuant to Section 14.3 -12-
of this Agreement, Ordinance No. 2017-1381 (City of Lake Elsinore Municipal Code Chapter
16.83), and the TUMF Administrative Plan adopted by WRCOG (“Reimbursement Agreement”).
If AGENCY and WRCOG agree to a Reimbursement Agreement with Developer, the Reimbursement Agreement shall be executed on the form set forth in Exhibit “D,” and shall contain the terms and conditions set forth therein. The Parties agree that the Reimbursement Agreement shall be subject to all terms and conditions of this Agreement, and that upon execution, an executed copy of the Reimbursement Agreement shall be attached hereto and shall be incorporated herein as a material part of this Agreement as though fully set forth herein.
15.0 Miscellaneous.
15.1 Assignment. Developer may, as set forth herein, assign all or a portion of its rights pursuant to this Agreement to a purchaser of a portion or portions of the Property ("Assignment").
Developer and such purchaser and assignee ("Assignee") shall provide to AGENCY such reasonable proof as it may require that Assignee is the purchaser of such portions of the Property.
Any assignment pursuant to this Section shall not be effective unless and until Developer and Assignee have executed an assignment agreement with AGENCY in a form reasonably acceptable to AGENCY, whereby Developer and Assignee agree, except as may be otherwise specifically provided therein, to the following: (1) that Assignee shall receive all or a portion of Developer's rights pursuant to this Agreement, including such credit as is determined to be applicable to the portion of the Property purchased by Assignee pursuant to Section 14.0 et seq. of this Agreement, and (2) that Assignee shall be bound by all applicable provisions of this Agreement.
15.2 Relationship Between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between or among AGENCY. WRCOG and Developer. Developer’s contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of AGENCY. This Agreement shall be interpreted and administered in a manner consistent with the TUMF Administrative Plan in effect at the time this Agreement is executed.
15.3 Warranty as to Property Ownership; Authority to Enter Agreement. Developer hereby warrants that it owns fee title to the Property and that it has the legal capacity to enter into this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.
15.4 Prohibited Interests. Developer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Developer, to solicit or secure this Agreement. Developer also warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Developer, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon the making of this Agreement. For breach of this warranty, AGENCY shall have the right to rescind this Agreement without liability.
15.5 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
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To AGENCY: City of Lake Elsinore
Attn: Remon Habib
130 South Main Street
Lake Elsinore, CA 92539
Western Riverside Council of Governments
3390 University Avenue, Suite 200
Riverside, CA 92501
Attention: Executive Director
Telephone: (951) 405-6700
Fax No. (951) 223-9720
To Developer: Zairey Inc
Attn: Ahmad Zaki
45 Cinch Road
Bell Canyon, CA 91307
Telephone: (818) 601-0374
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
15.6 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
15.7 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to AGENCY include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
15.8 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
15.9 Termination. This Agreement shall terminate 10 years after the Effective Date, unless extended in writing by the Parties. In addition, this Agreement shall terminate 5 years after the Effective Date in the event that the TUMF Improvements as specified in the Credit Agreement is not commenced within 5 years of the Effective Date.
15.9.1 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, -14-
privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
15.9.2 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.
15.9.3 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
15.9.4 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
15.9.5 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
15.9.6 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.
15.9.7 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.
15.9.8 Entire Agreement. This Agreement contains the entire agreement between AGENCY and Developer and supersedes any prior oral or written statements or agreements between AGENCY and Developer.
[SIGNATURES OF PARTIES ON NEXT PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
DEVELOPER:
Zairey, Inc.
a California corporation
By: _____________________________________
Its: _____________________________________
ATTEST:
By: ________________________________
Its: ________________________________
WESTERN RIVERSIDE COUNCIL OF
GOVERNMENT:
By: ______________________________________
Its: Executive Director-_______________________
ATTEST:
By: ________________________________
Its: ________________________________
AGENCY:
CITY OF LAKE ELSINORE
By: ______________________________________
Its: _____________________________________
ATTEST:
By: ________________________________
Its: ________________________________
For Use Between Public Agency and Developer
“Master Agreement”
EXHIBIT A-1
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
For APN/Parcel ID(s): 381-320-020 and 381-320-023
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT 4 IN BLOCK "C", AS SHOWN BY "MAP SHOWING SUBDIVISIONS IN ELSINORE" ON FILE IN BOOK 8, PAGE: 377 OF MAPS, SAN DIEGO COUNTY RECORDS, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
EXCEPTING THEREFROM THE SOUTHWESTERLY 411 FEET OF SAID LAND.
PARCEL 2:
LOT 6 AND 8 IN BLOCK "C", AS SHOWN BY "MAP SHOWING SUBDIVISIONS IN ELSINORE" ON FILE IN BOOK 8, PAGE 377 OF MAPS, SAN DIEGO RECORDS, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA.
EXCEPTING THEREFROM THE SOUTHERLY 411 FEET.
ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 8 LYING SOUTHEASTERLY OF THE
NORTHEASTERLY LINE OF LAND CONVEYED TO THE COUNTY OF RIVERSIDE, BY THAT CERTAIN DEED RECORDED NOVEMBER 23, 1931 IN BOOK 57, PAGE 171 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY.
EXHIBIT B-1
EXHIBIT “B”
FORMS FOR SECURITY
[ATTACHED BEHIND THIS PAGE]
EXHIBIT B-2
BOND NO. ___________________
INITIAL PREMIUM: ___________________
SUBJECT TO RENEWAL
PERFORMANCE BOND
WHEREAS, the City of Lake Elsinore (“AGENCY”) has executed an agreement with __________ (hereinafter “Developer”), requiring Developer to perform certain work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of street and transportation system improvements (hereinafter the “Work”); WHEREAS, the Work to be performed by Developer is more particularly set forth in that certain TUMF Improvement and Credit/Reimbursement Agreement dated ___________________________, (hereinafter the “Agreement”); and WHEREAS, the Agreement is hereby referred to and incorporated herein by this reference; and
WHEREAS, Developer or its contractor is required by the Agreement to provide a good and sufficient bond for performance of the Agreement, and to guarantee and warranty the Work constructed thereunder.
NOW, THEREFORE, we the undersigned, ______________________________, as Principal and a corporation organized and existing under the laws of the State of _______________ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the AGENCY in the sum of ____ _____________________________________________ ($______________), said sum being not less than one hundred percent (100%) of the total cost of the Work as set forth in the Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such, that if Developer and its contractors, or their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless AGENCY, its officers, employees, and agents, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by AGENCY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Agreement or to the Work to be performed EXHIBIT B-3
thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work.
IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day on _____________________, 20__.
________________________________
Principal
By: ___________________________
President
________________________________
Surety
By: ___________________________
Attorney-in-Fact
EXHIBIT B-4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189
STATE OF CALIFORNIA )
COUNTY OF )
On , before me,
,
Date Here Insert Name and Title of the Officer
personally appeared ,
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signa
ture of Notary Public
Place Notary Seal Above
____________________________________OPTIONAL____________________________________ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title of Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Corporate Officer – Title(s):
Partner - Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Signer’s Name:
Corporate Officer – Title(s):
Partner - Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
EXHIBIT B-5
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, _____________________________, certify that I am the ________________ Secretary of the corporation named as principal in the attached bond, that _____________________________________ who signed the said bond on behalf of the principal was then ____________________________________ of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) _________________________________
Signature
_____________________
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto.
Other:
Signer is Representing:
Other:
Signer is Representing:
EXHIBIT B-6
BOND NO. ___________________
INITIAL PREMIUM: ___________________
SUBJECT TO RENEWAL
LABOR & MATERIAL BOND
WHEREAS, the City of Lake Elsinore (“AGENCY”) has executed an agreement with _______________ (hereinafter “Developer”), requiring Developer to perform certain work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of street and transportation system improvements (hereinafter “Work”);
WHEREAS, the Work to be performed by Developer is more particularly set forth in that certain Improvement and Credit / Reimbursement Agreement dated ___________________________, (hereinafter the “Agreement”); and WHEREAS, Developer or its contractor is required to furnish a bond in connection with the Agreement providing that if Developer or any of his or its contractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond.
NOW, THEREFORE, we the undersigned, ______________________________, as Principal and _______________ a corporation organized and existing under the laws of the State of Michigan and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the AGENCY and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid, the sum of
____________________________________________________________ ($_______________), said sum being not less than 100% of the total amount payable by Developer under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if Developer or its contractors, or their heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the EXHIBIT B-7
Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.
In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys’ fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 8024, 8400, 8402, 8404, 8430, 9100 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the Agreement or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work.
IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day on _____________________, 20__.
________________________________
Principal
By: ___________________________
President
________________________________
Surety
By: ___________________________
Attorney-in-Fact
EXHIBIT B-8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189
STATE OF CALIFORNIA )
COUNTY OF )
On , before me,
,
Date Here Insert Name and Title of the Officer
personally appeared ,
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signa
ture of Notary Public
Place Notary Seal Above
____________________________________OPTIONAL____________________________________ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title of Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Corporate Officer – Title(s):
Partner - Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Signer’s Name:
Corporate Officer – Title(s):
Partner - Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
EXHIBIT B-9
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, _____________________________, certify that I am the ________________ Secretary of the corporation named as principal in the attached bond, that _____________________________________ who signed the said bond on behalf of the principal was then ____________________________________ of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) _________________________________
Signature
_____________________
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto.
Other:
Signer is Representing:
Other:
Signer is Representing:
EXHIBIT C-1
EXHIBIT “C”
DOCUMENTATION TO BE PROVIDED TO AGENCY BY DEVELOPER FOR
DETERMINATION OF VERIFIED COSTS
To assist AGENCY in determining the Verified Costs for a completed TUMF Improvement, Developer shall provide the following documents to AGENCY:
1. Plans, specifications and Developer’s civil engineer’s cost estimate;
2. If Developer is seeking Credit for such costs, documentation evidencing cost of any required environmental studies, preparation of designs, plans and specifications, required right of way acquisition, and other costs directly related to the development of the TUMF Improvement. Only actual, documented and reasonable costs directly related to the TUMF Improvement will be considered. Costs should be documented as specified below.
3. Costs claimed for right of way acquisition must be accompanied by an appraisal (no more than two years old at the time of acquisition) completed by an MAI appraiser, and documentation of transfer of such right of way to the AGENCY, or applicable public agency.
The appraisal must be approved by the AGENCY as valid and acceptable.
4. List of bidders from whom bids were requested;
5. Construction schedules and progress reports;
6. Contracts, insurance certificates and change orders with each contractor, consultant, service provider or vendor;
7. Invoices received from all contractors, consultants, service providers and vendors;
8. Canceled checks for payments made to contractors, consultants, service providers and vendors (copy both front and back of canceled checks);
9. Spreadsheet showing total costs incurred in and related to the construction of each TUMF Improvement and the check number for each item of cost and invoice;
10. Final lien releases from each contractor and vendor; and
11. Such further documentation as may be reasonably required by AGENCY to evidence the completion of construction and the payment of each item of cost and invoice.
EXHIBIT D-1
EXHIBIT “D”
REIMBURSEMENT AGREEMENT
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into this ___ day of ___________________, 20___, by and between the City of Lake Elsinore, a California municipal corporation, (“AGENCY”), the Western Riverside Council of Governments (“WRCOG”), a Joint Powers Agency and ______________ a _____________, with its principal place of business at ________________ (“Developer”). AGENCY and Developer are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.
RECITALS
WHEREAS, AGENCY, WRCOG and Developer are parties to an agreement dated ________________, 20___, entitled “Improvement and Credit Agreement - Transportation Uniform Mitigation Fee Program” (hereinafter “Credit Agreement”); WHEREAS, Sections 14.1 through 14.3 of the Credit Agreement provide that Developer is obligated to pay AGENCY the TUMF Obligation, as defined therein, but shall receive credit to offset the TUMF Obligation if Developer constructs and AGENCY accepts the TUMF Improvements in accordance with the Credit Agreement;
WHEREAS, Section 14.5 of the Credit Agreement provides that if the dollar amount of the credit to which Developer is entitled under the Credit Agreement exceeds the dollar amount of the TUMF Obligation, Developer may apply to AGENCY and WRCOG for a reimbursement agreement for the amount by which the credit exceeds the TUMF Obligation; WHEREAS, Section 14.5 additionally provides that a reimbursement agreement executed pursuant to the Credit Agreement (i) shall be executed on the form attached to the Credit Agreement, (ii) shall contain the terms and conditions set forth therein, (iii) shall be subject to all terms and conditions of the Credit Agreement, and (iv) shall be attached upon execution to the Credit Agreement and incorporated therein as a material part of the Credit Agreement as though fully set forth therein; and
WHEREAS, AGENCY and WRCOG have consented to execute a reimbursement agreement with Developer pursuant to the Credit Agreement, City of Lake Elsinore, and the TUMF Administrative Plan adopted by WRCOG.
NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as follows:
TERMS
1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
EXHIBIT D-2
2.0 Effectiveness. This Agreement shall not be effective unless and until the Credit Agreement is effective and in full force in accordance with its terms.
3.0 Definitions. Terms not otherwise expressly defined in this Agreement, shall have the meaning and intent set forth in the Credit Agreement.
4.0 Amount of Reimbursement. Subject to the terms, conditions, and limitations set forth in this Agreement, the Parties hereby agree that Developer is entitled to receive the dollar amount by which the Actual Credit exceeds the dollar amount of the TUMF Obligation as determined pursuant to the Credit Agreement, City of Lake Elsinore, and the TUMF Administrative Plan adopted by WRCOG (“Reimbursement”).The Reimbursement shall be subject to verification by WRCOG. AGENCY and Developer shall provide any and all documentation reasonably necessary for WRCOG to verify the amount of the Reimbursement. The Reimbursement shall be in an amount not exceeding [INSERT DOLLAR AMOUNT] (“Reimbursement Amount”). WRCOG shall, upon receipt and approval of information requested by WRCOG, shall be responsible for transmitting the Reimbursement Amount to the Developer. In no event shall the dollar amount of the Reimbursement exceed the difference between the dollar amount of all credit applied to offset the TUMF Obligation pursuant to Section 14.3, 14.4, and 14.5 of the Credit Agreement, and one hundred (100%) of the approved unit awarded, as such assumptions are identified and determined in the Nexus Study and the TUMF Administrative Plan adopted by WRCOG as may be amended from time to time.
5.0 Payment of Reimbursement; Funding Contingency. The payment of the Reimbursement Amount shall be subject to the following conditions:
5.1 Developer shall have no right to receive payment of the Reimbursement unless and until (i) the TUMF Improvements are completed and accepted by AGENCY in accordance with the Credit Agreement, (ii) the TUMF Improvements are scheduled for funding pursuant to the fiveyear Transportation Improvement Program adopted annually by WRCOG, (iii) WRCOG has funds available and appropriated for payment of the Reimbursement amount.
5.2 Developer shall not be entitled to any interest or other cost adjustment for any delay between the time when the dollar amount of the Reimbursement is determined and the time when payment of the Reimbursement is made to Developer by WRCOG through AGENCY.
6.0 Affirmation of Credit Agreement. AGENCY and Developer represent and warrant to each other that there have been no written or oral modifications or amendments of the Credit Agreement, except by this Agreement. AGENCY and Developer ratify and reaffirm each and every one of their respective rights and obligations arising under the Credit Agreement. AGENCY and Developer represent and warrant that the Credit Agreement is currently an effective, valid, and binding obligation.
7.0 Incorporation Into Credit Agreement. Upon execution of this Agreement, an executed original of this Agreement shall be attached as Exhibit “D” to the Credit Agreement and shall be incorporated therein as a material part of the Credit Agreement as though fully set forth therein.
8.0 Terms of Credit Agreement Controlling. Each Party hereby affirms that all provisions of the Credit Agreement are in full force and effect and shall govern the actions of the Parties under EXHIBIT D-3
this Agreement as though fully set forth herein and made specifically applicable hereto, including without limitation, the following sections of the Credit Agreement: Sections 10.0 through 10.3, Section 12.0, Sections 13.0 through 13.7, Sections 14.0 through 14.6, and Sections 15.0 through
15.17. [SIGNATURES OF PARTIES ON NEXT PAGE]
EXHIBIT D-4
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
DEVELOPER:________________________
[Devloper Name]
By: ______________________________________
Its: ______________________________________
ATTEST:
By: ________________________________
Its: ________________________________
City of Lake Elsinore
By: _____________________________________
Its: _____________________________________
ATTEST:
By: ________________________________
Its: ________________________________
EXHIBIT “E”
TUMF CREDIT / REIMBURSEMENT ELIGIBILITY PROCESS
1. Prior to the construction of any TUMF Improvement, Developer shall follow the steps listed below:
(a) Prepare a separate bid package for the TUMF Improvements. (b) The plans, cost estimate, specifications and contract document shall require all contractors to pay prevailing wages and to comply with applicable provisions of the Labor Code, Government Code, and Public Contract Code relating to Public Works Projects. (c) Bids shall be obtained and processed in accordance with the formal public works bidding requirements of the AGENCY.
(d) The contract(s) for the construction of TUMF Improvements shall be awarded to the lowest responsible bidder(s) for the construction of such facilities in accordance with the AGENCY’s requirements and guidelines.
(e) Contractor(s) shall be required to provide proof of insurance coverage throughout the duration of the construction.
2. Prior to the determination and application of any Credit pursuant to a TUMF Improvement and Credit Agreement executed between AGENCY and Developer ("Agreement"), Developer shall provide the AGENCY and WRCOG with the following:
(a) Copies of all information listed under Item 1 above. (b) Surety Bond, Letter of Credit, or other form of security permitted under the Agreement and acceptable to the AGENCY and WRCOG, guaranteeing the construction of all applicable TUMF Improvements.
3. Prior to the AGENCY’s acceptance of any completed TUMF Improvement, and in order to initiate the construction cost verification process, the Developer shall comply with the requirements as set forth in Sections 7, 14.2 and 14.3 of the Agreement, and the following conditions shall also be satisfied:
(a) Developer shall have completed the construction of all TUMF Improvements in accordance with the approved Plans and Specifications. (b) Developer shall have satisfied the AGENCY’s inspection punch list. (c) After final inspection and approval of the completed TUMF Improvements, the AGENCY shall have provided the Developer a final inspection release letter. (d) AGENCY shall have filed a Notice of Completion with respect to the TUMF Improvements pursuant to Section 3093 of the Civil Code with the County Recorder’s Office, and provided a copy of filed Notice of Completion to WRCOG. (e) Developer shall have provided AGENCY a copy of the As-Built plans for the TUMF Improvements.
(f) Developer shall have provided AGENCY copies of all permits or agreements that may have been required by various resource/regulatory agencies for construction, operation and maintenance of any TUMF Improvements. (g) Developer shall have submitted a documentation package to the AGENCY to determine the final cost of the TUMF Improvements, which shall include at a minimum, the following documents related to the TUMF Improvements:
(i) Plans, specifications, and Developer's Civil Engineer’s cost estimates; or Engineer’s Report showing the cost estimates. (ii) If DEVELOPER is seeking Credit for such costs, documentation evidencing cost of any required environmental studies, preparation of designs, plans and specifications, required right of way acquisition, and other costs directly related to the development of the TUMF Improvements. Only actual, documented and reasonable costs directly related to the TUMF Improvements will be considered. Costs should be documented as specified below.
(iii) Costs claimed for right of way acquisition must be accompanied by an appraisal (no more than two years old at the time of acquisition) completed by an MAI appraiser, and documentation of transfer of such right of way to the AGENCY, or applicable public agency. The appraisal must be approved by the AGENCY as valid and acceptable. (iv) Contracts/agreements, insurance certificates and change orders with each vendor or contractor.
(v) Invoices from all contractors, consultants, service providers and vendors.
(vi) Copies of cancelled checks, front and back, for payments made to contractors, consultants, service providers and vendors. (vii) Final lien releases from each contractor and vendor (unconditional waiver and release).
(viii) Certified contract workers payroll for AGENCY verification of compliance with prevailing wages.
(ix) A total cost summary, in spreadsheet format (MS Excel is preferred) and on disk, showing a breakdown of the total costs incurred. The summary should include for each item claimed the check number, cost, invoice numbers, and name of payee. See attached sample for details. [ATTACH SAMPLE, IF APPLICABLE; OTHERWISE DELETE
REFERENCE TO ATTACHED SAMPLE
EXHIBIT “F”
RECONCILIATION
EXAMPLES
All examples are based on a single family residential development project of 200 dwelling units:
200 SF dwelling units @ $6,650 / dwelling unit = $1,330,000 in fees (TUMF Obligation) Example A: “TUMF BALANCE”
CREDIT
TUMF Obligation: $1,330,000
Estimated Credit: Bid ($1,500,000) or unit Cost Assumption ($1,600,000) whichever is less $1,500,000 Potential Reimbursement: ($170,000)
RECONCILIATION
TUMF Obligation: $1,330,000
Actual Credit: $1,200,000
TUMF Balance (Payment to TUMF): $130,000
Example B: “REIMBURSEMENT”
CREDIT
TUMF Obligation: $1,330,000
Estimated Credit: Bid ($1,500,000) or unit Cost Assumption ($1,600,000) whichever is less $1,500,000 Potential Reimbursement: ($170,000)
RECONCILIATION
TUMF Obligation: $1,330,000
Actual Credit: $1,500,000
Reimbursement Agreement with Developer (Based on Priority Ranking): ($170,000) Example C: “TUMF OVERPAYMENT”
CREDIT
TUMF Obligation: $1,330,000
Estimated Credit: Bid ($1,200,000) or unit Cost Assumption ($1,500,000) whichever is less $1,200,000 Remaining TUMF Obligation: $130,000
Prorated Fee: $130,000 / 200 du = $650 / du
RECONCILIATION
Actual Credit: $1,300,000
TUMF payments from Developer ($650 per unit x 200 units) $130,000 Actual Credit plus TUMF Payment $1,430,000
TUMF Obligation: $1,330,000
Actual Credit plus TUMF Payment $1,430,000
TUMF Overpayment (Refund to Developer): ($100,000)
Unpaid TUMF - Estimated Remaining Units Fee per Unit / SF Units / SF Amount Phase 1
10-Dispenser Gas Station with 6,480 SF Canopy (a) $ 7.72 11,038 $ 85,213 4,354 SF Convenience Store (a) $ - 4,354 $ -
1,960 SF Quick-Serve Restaurant (Attached to Convenience Store) (a) $ - 1,960 $ - 4,054 SF Automated Self-Service Car Wash (a) $ - 4,054 $ - 2,000 SF Office above Quick-Serve Restaurant (a) $ - 2,000 $ - Phase 1 Subtotal $ 85,213
Phase 2
2,400 SF Fast Food Restaurants No. 1 (b) $ - 2,400 $ -
2,400 SF Fast Food Restaurants No. 2 (b) $ - 2,400 $ -
Mixed-Use Building: Retail Space No. 1 - 3,833 SF (b) $ 7.72 833 $ 6,431 Mixed-Use Building: Retail Space No. 2 - 3,833 SF (b) $ 7.72 833 $ 6,431 Mixed-Use Building: Retail Space No. 3 - 3,833 SF (b) $ 7.72 833 $ 6,431 Mixed-Use Building: Retail Space No. 4 - 3,833 SF (b) $ 7.72 833 $ 6,431 Mixed-Use Building: Retail Space No. 5 - 3,834 SF (b) $ 7.72 834 $ 6,438 Mixed-Use Building: Retail Space No. 6 - 3,834 SF (b) $ 7.72 834 $ 6,438 Mixed-Use Building: 14 Apartments or Condos (c) $ 6,580.00 14 $ 92,120 Phase 2 Subtotal $ 130,720
Phase 3
(5) 2-Story Multi-family Residential Buildings with Approx. 60 Units (c) $ 6,580.00 60 $ 394,800 Phase 3 Subtotal $ 394,800
Estimated Subtotal $ 610,733
Obligation Total $ 610,733
TUMF Network Road Segment applicable to Proposed Improvements Cost Item Amount Grand Rd - Hwy 74 to Riverside
Network Distance: 0.64 Road Const $ 1,832,000
Existing Lanes: 2 ROW/Utilities $ 6,110,000
Increase in Lanes: 4 Planning (10%) $ 184,000
Engineering (25%) $ 458,000
Contingency (10%) $ 792,000
Network Road Segment Cost Est $ 9,376,000
Maximum TUMF Share $ 9,376,000
Network Unit Cost per Lane mile $ 3,662,500
Network Unit Cost per Lane foot $ 694
* TUMF Share divided by total lane distance for 4 add'l lanes at .64 Miles Road Improvement Cost Estimate (based on Network Unit Cost per Lane foot) Lane Construction Limits (Sta. to Sta.) (c)
Cost Per Lane Foot
(1)
Linear Lane Feet
(2)
Amount
(1) x (2)
3 10+00 25+00 Grand Ave (Macy St - Hwy 74) $693.66 1,500 $ 1,040,483 4 10+00 25+00 Grand Ave (Macy St - Hwy 74) $693.66 1,500 $ 1,040,483 TUMF Road Total 3,000 $ 2,080,966
TOTAL TUMF UNIT COST ASSUMPTION FOR ELIGIBLE IMPROVEMENTS $ 2,080,966 TUMF Fee Credit: $ 610,733
Maximum TUMF Fee Reimbursement: $ 1,470,233
Total TUMF Benefit $ 2,080,966
Footnotes:
(a) Per the WRCOG TUMF Fee Calculation Handbook each fuel filling position is equivalent to 1,403.8 retail square feet. 1,403.80 square feet per filling position multiplied by 10 filling positions is 14,038 square feet where the total building square footage is 12,368 and per the Handbook the fee owed is the greater of the two square footages, less the 3,000 SF reduction.
(b) Per the WRCOG TUMF Fee Calculation Handbook for mix-use projects with multiple tenants, the 3,000 SF reduction would apply to each individual use or each individual tenant to the extent that each tenant is operating independently of on another, and each is viewed as separate uses. (c) Units are expected to be considered Multi-Family Residential based on the TUMF Program definition of, "Multi-Family Residential Unit" means a development project that has a density of greater than eight (8) residential dwelling units per gross acre." Exhibit G
Zaki Group - Bamiyan Marketplace
Grand Ave - TUMF Credit & Reimbursement Estimate
May 20, 2024
19) Professional Services Agreement for Surface Mining Inspection (SMARA) and Compliance Monitoring Consulting Services, EnviroMINE, Inc.
Approve and authorize the City Manager to execute a Professional Services Agreement with EnviroMINE, Inc. to perform SMARA compliance monitoring and inspection services in an amount not to exceed $35,000 annually in final form as approved by the City Attorney.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: September 10, 2024
Subject: Professional Services Agreement for Surface Mining Inspection (SMARA) and Compliance Monitoring Consulting Services, EnviroMINE, Inc.
Recommendation
Approve and authorize the City Manager to execute a Professional Services Agreement with EnviroMINE, Inc. to perform SMARA compliance monitoring and inspection services in an amount not to exceed $35,000 annually in final form as approved by the City Attorney.
Background
EnviroMINE, Inc. has provided SMARA services and conducted annual inspections on the mines in Lake Elsinore since 2009. They are very familiar with the history of each mine site.
SMARA requires an annual review of financial assurances to ensure that adequate surety is available should the operator default on the reclamation requirements. Review and adjustment of financial assurances can be time-consuming. This depends, in large part, on the operator’s willingness to provide adequately detailed and justified estimates.
EnviroMINE, inc. is uniquely qualified to review financial assurances. EnviroMINE, Inc. authored the estimating procedure used by the State Mining and Geology Board as adopted in their Financial Assurance Guidelines and updates over 80 financial assurance cost estimates each year for private operators.
Discussion
EnviroMINE, Inc., has been satisfactorily performing SMARA support and inspection services for the City for the last twelve (12) years. EnviroMINE’s proposal evidenced their ability to meet all requirements to perform as-needed SMARA professional services for the City with a fee schedule in line with current staff costs.
Professional Services Agreement EnviroMINE
Fiscal Impact
There will be no impact on the General Fund. Funds for services performed by EnviroMINE, Inc. are funded by deposits made to the mine operator’s existing CRS accounts pursuant to Municipal Code 14.04.230.
Attachments
Attachment 1 – Agreement
Exhibit A - Proposal
Engineering
AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT
EnviroMINE, Inc.
SMARA Inspection and Compliance Monitoring Consulting Services This Amended and Restated Agreement for Professional Services (the “Agreement”) is made and entered into as of September 10, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and EnviroMINE, Inc., a California corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
SMARA Inspection and Compliance Monitoring
B. City and Consultant have previous entered into that certain Professional Services Agreement dated as of July 1, 2014, and as amended by Amendments Nos. 1 through 5 (as amended, the “Amended Original Agreement”).
C. City and Consultant desire to amend and entirely restate the Amended Original Agreement.
D. Consultant has submitted to City a proposal, dated July 2, 2024, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.
E. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.
F. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A).
b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.
c. Term. 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, 2024, and ending June 30, 2029. 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 Consultant not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s annual compensation exceed Thirty-Five Thousand dollars annually ($35,000) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. 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 Consultant’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 Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant 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 Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.
7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any thirdparty requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
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 Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 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 Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
9. Independent Contractor.
a. Consultant 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 Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant 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. Consultant 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 and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
13. Compliance with Laws.
a. Consultant 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 Consultant and/or its employees, officers, or board members.
b. Consultant 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. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.
15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and all of its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, damages, claims, suits, actions, costs and expenses including attorney’s fees, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.
By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
The City agrees to indemnify, defend, and hold harmless Consultant, from and against any loss, liability, damage, claims, actions, personal injuries, or death of persons or damage to, loss of, or loss of use of property resulting from the negligent acts or willful misconduct of the City.
16. Limitation of Liability.
Consultant’s liability shall be limited to injury or loss caused by the negligence, errors, omissions, strict liability, breach of contract, or breach of warranty of Consultant, its subcontractors, and/or agents hereunder. City agrees to limit Consultant’s liability to City or any third parties such that the total aggregate liability of Consultant for any claim or liability shall not exceed $1,000,000. With regard to toxic or hazardous constituents, Consultant has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition at the site, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposures to such substances or conditions.
17. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. 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, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
18. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: EnviroMINE, Inc.
Attn: James DeCarolis
4711 Viewridge Avenue, Ste 270
San Diego, CA 92123
19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
21. 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.
22. 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.
23. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
24. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
25. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
26. 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.
27. 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.
28. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) nonmonetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
29. 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.
30. 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. Consultant’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 Consultant’s Proposal.
31. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
32. Restatement. This Agreement is an amendment and restatement of the Amended Original Agreement, and shall, upon the full execution of this Agreement by the parties thereto, replace and supersede the Amended Original Agreement in its entirety. [Signatures on next page]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
Click or tap here to enter text.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONSULTANT”
ENVIROMINE, Inc., a California corporation
City Manager
ATTEST:
By: James DeCarolis
Its: Project Manager
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A – Consultant’s Proposal
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT A
SCOPE OF SERVICES
EnviroMINE will provide the following services to the City of Lake Elsinore as outlined below:
A. File Review/Site Familiarity
Prior to arriving at the mining sites to conduct inspections, EnviroMINE will complete a thorough review of recent inspections and all pertinent information relating to approvals for the project. This review provides the inspector with the necessary background to allow for a thorough inspection of the site. File review will include the approved reclamation plan, use permit, environmental documentation, and any other documents important to the site inspection.
EnviroMINE has provided SMARA services and conducted Annual Inspections on the mines in Lake Elsinore since 2009 and is very familiar with history of each site. If there has been any information submitted to the City by the operators or any actions taken regarding the mines since the previous inspection, the City of Lake Elsinore is responsible for providing EnviroMINE with the updated documentation.
B. Inspections
It should be the goal of any inspection program to work as a problem solving tool. Not only are mine inspectors responsible for reviewing mining operations for compliance, the inspector must also serve as an ambassador of the lead agency. At times there are disagreements with the requirements of approval conditions and mitigation measures.
The inspector will be charged with interpreting and finding solutions to these problems.
For this reason, it is important to develop a cordial working relationship with the mine operator. In most cases, solutions should be arrived at in the field with the mine operator. This approach will result in fewer complaints for the lead agency and assure implementation of all compliance conditions.
EnviroMINE will perform the inspections for operations within the City of Lake Elsinore.
This will include contacting the mine operators to set up a date and time to inspect the site for compliance with the Use Permit, CEQA mitigation measures, and Reclamation Plan. At least 10 days in advance of the inspection, EnviroMINE will provide written notice of the schedule to the operator.
In some instances, it may be necessary to return to the site to follow-up on deficiencies noted in the site inspection. Where deficiencies are noted, the mine inspector may be required to specifically identify violations and note these on inspection reports. Should this occur, SMARA allows mine operators 30 days to correct deficiencies before being reinspected.
EnviroMINE understands the benefits to developing cooperative working relationships between the mine operator and the Lead Agency. As such, we will attempt to allow the operator to correct any deficiencies in the field on the day of the inspection. If satisfactory resolution cannot be reached in the field, we will consult with City staff to gain direction for further action. If a Notice of Violation (NOV) is necessary, EnviroMINE will provide the City a draft version of the NOV for issuance by the City to the operator.
Depending on the cause of action, additional time may be required to work with the City and operator to address the violation(s).
C. Financial Assurance Review
Annual review of financial assurances is required by SMARA to insure that adequate surety is available should the operator default on the reclamation requirements. Review and adjustment of financial assurances can be time consuming. This depends, in large part, on the operator's willingness to provide adequately detailed and justified estimates.
EnviroMINE is uniquely qualified to review financial assurances. EnviroMINE authored the estimating procedure utilized by the State Mining and Geology Board as adopted in their Financial Assurance Guidelines and updates over 80 financial assurance cost estimates each year for private operators.
D. Inspection Reports
Site Inspection Reports shall be completed on the forms provided for this purpose by the State Department of Mines and Geology. The state forms are referred to as the Notice to Completion of Inspection Form (NOCI-1) and the Surface Mining Inspection Report Form (MRRC-1).
Other items to be included with the report would include a listing of problem areas and issues of potential variance from the conditions of the use permit for the mining operation. Where problem areas are identified (e.g. accelerated erosion) suggested steps for correcting the problem will be listed. This information may then be used by the operator and the City to assist with implementing corrective measures.
The City of Lake Elsinore is recognized as the lead agency with ultimate authority for direction and content of information included in the inspection reports. Inspection reports will be completed and submitted to the City within 90 days following individual mine site inspections. An electronic copy in pdf format will be provided, which will included all supporting documentation.
E. Other SMARA Related Assignments
EnviroMINE staff will be available on an as needed basis to support the City in all SMARA related items when requested. Work may include:
• Review of Conditional Use Permits, Reclamation Plans, Reclamation Plan Amendments, Interim Management Plans, Financial Assurance estimates and financial mechanisms.
• Periodic site visits to operating or closed sites
• Review and become familiar with all pertinent data on the quarries and mines including but not limited to location, geology, existing use permit, prior annual reports, financial assurance estimate and mechanism, reclamation plan or interim management plan submitted by the operators or provided by the State. • Attend meetings, conference calls and Council/Commission meetings as requested by appropriate Engineering staff. EnviroMINE understands that these may occur after routine working hours.
• Assist and represent the City with the Office of Mine Reclamation, the State Mining and Geology Board or private citizens.
• Communicate with the State on SMARA issues as needed. • Consult with the Engineering Division and City Attorney on ongoing mining projects as needed.
• Complete additional work as requested by the Director of Public Works.
EXHIBIT B
BASIS OF COMPENSATION
EnviroMINE will complete the proposed scope of work for labor and materials charges not-to-exceed $35,000.00 without prior written authorization. The agreed to fee includes those cost of all labor, materials, and expenses deemed necessary in completion of the Scope of Work in accordance with the following hourly billing rates and reimbursable expense charges:
Staff Rate
Principal $265.00
Vice President/Senior Project Manager $195.00
Project Manager $185.00
Project Assistant/GIS Technician $155.00
Research Analyst $115.00
Clerical $95.00
Mileage $0.65/mile
Materials cost + 15%
All services are offered on a Time and Materials basis. Should additional effort become necessary, a revised budget assessment will be provided for CLIENT’s approval prior to continuing work.
Billing for work in progress will be provided on a monthly basis. Invoices are due and payable upon receipt.
20) Parcel Map No. 38753
1. Approve Parcel Map No. 38753 subject to the City Engineer’s acceptance as being true and correct, and authorize the City Clerk to sign the map and arrange for the recordation; and
2. Approve and authorize the City Manager to execute the construction agreement for monumentation.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: September 24, 2024
Subject: Parcel Map No. 38753
Recommendation
1. Approve Parcel Map No. 38753 subject to the City Engineer’s acceptance as being true and correct, and authorize the City Clerk to sign the map and arrange for the recordation; and
2. Approve and authorize the City Manager to execute the construction agreement for monumentation.
Background
The proposed Parcel Map No. 38753 is located within an existing Stater Brothers Shopping Center norther of Lakeshore Drive and west of Riverside Drive. It consists of two (2) parcels totaling 1.26 gross acres with sizes of 0.473 acres and 0.652 acres and one (1) lettered lot for ultimate right-of-way dedication for Lakeshore Drive. It is partially developed with a multi-tenant retail building, parking lot, and an undeveloped pad, where the undeveloped pad has an active application for a drive-thru coffee store.
Discussion
Per the Subdivision Map Act Section 66474.1, the parcel map has been reviewed and it has been determined that it is in substantial conformance to the previously approved Tentative Parcel Map No. 38753. All Conditions of Approval relative to the parcel map approval have been completed.
Fiscal Impact
The security posted is sufficient to set monuments for the map. Staff time was utilized to prepare the documents.
Parcel Map No. 38753
Attachments
Attachment 1 - Final Boundary Map
Attachment 2 - Vicinity Map
Attachment 3 - Construction Agreement for Monumentation Engineering
PROJECT
LOCATION
VICINITY MAP
21) Acquisition of City Fleet Vehicles
Approve and authorize the City Manager to execute a Purchase Order with Aaron Chevrolet in an amount not to exceed $99,842.38 for the purchase of two (2) City Fleet Vehicles in such final form as approved by the City Attorney.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick DeSantiago, Public Works Manager
Date: September 24, 2024
Subject: Acquisition of City Fleet Vehicles
Recommendation
Approve and authorize the City Manager to execute a Purchase Order with Aaron Chevrolet in an amount not to exceed $99,842.38 for the purchase of two (2) City Fleet Vehicles in such final form as approved by the City Attorney.
Background
The City of Lake Elsinore has historically purchased and owned all fleet vehicles and equipment.
The City maintains a fleet of vehicles and equipment for use by various City departments, which include light, medium, and heavy-duty vehicles. The City owns 72 light and medium-duty vehicles; on average, these vehicles are ten years old.
The Public Works Department is seeking approval to purchase two (2) 1500 Crew Cab 4x4 trucks.
These vehicles feature larger cab sizes, allowing for transporting multiple personnel alongside cargo. With their robust capabilities, the trucks are well-suited for towing and transporting essential equipment, traffic control gear, and supplies necessary for various public works projects.
This will enhance the department's operational efficiency and support its workforce effectively.
City Fleet Vehicles
Discussion
Staff is requesting authorization and the City Council's approval to purchase the following vehicles:
2024 Chevrolet Silverado 1500
Company Name Quantity Price Per Vehicle Total Price
Aaron Chevrolet 2 $49,921.19 $99,842.38
Diamond Chevrolet 2 $49,995.31 $99,990.62
Paradise Chevrolet
Cadillac
2 $52,666.69 $105,333.38
On approval of the FY24-25 budget, staff researched the purchase of these vehicles from local dealerships and government vehicle purchase contracts. Staff contacted three local dealerships for quotes and received the following:
Fiscal Impact
Funds are available in the Internal Service Fund for Fiscal Year 2024-25.
Attachments
Attachment 1 - Quote
Public Works
22) Minutes of the Regular Successor Agency Meeting of August 27, 2024 and Special Meeting of September 12, 2024
REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Candice Alvarez, MMC, Secretary
Date: September 24, 2024
Subject: Minutes of the Regular Successor Agency Meeting of August 27, 2024 and Special Meeting of September 12, 2024
Recommendation
Approve the Minutes.
Attachments
Attachment 1- 8-27-2024 Draft Minutes
Attachment 2 – 9-12-2024 SM Draft Minutes
City Clerk’s Office
City of Lake Elsinore
City Council Meeting
Minutes – Draft
Steve Manos, Mayor
Brian Tisdale, Mayor Pro Tem
Timothy J. Sheridan, Council Member
Natasha Johnson, Council Member
Robert E. Magee, Council Member
Jason Simpson, City Manager
Meeting Date:
August 27, 2024
Closed Session: 5:00 PM
Public Session: 7:00 PM
Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530
CALL TO ORDER – 5:00 P.M.
The Regular Meetings of the City Council and the Successor Agency was called to order at 5:00 p.m.
ROLL CALL
Present: 5 - Council/Agency Members Sheridan, Johnson, and Magee; and Mayor Pro Tem/Vice Chair Tisdale
Absent: 0 - Mayor/Chair Manos
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
There were no speakers.
SUCCESSOR AGENCY CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APNs: 373-210-040; 373-210-042
Agency negotiator: Executive Director Simpson
Negotiating parties: Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and Lake Elsinore Storm LP
Under negotiation: Price and terms of payment
RECONVENE – 7:00 P.M.
The Regular Meetings of the City Council and the Successor Agency reconvened at 7:00 p.m.
PLEDGE OF ALLEGIANCE
Council Member Johnson led the Pledge of Allegiance.
City Council Minutes - Draft August 27, 2024
City of Lake Elsinore Page 2
ROLL CALL
Present: 5 - Council/Agency Members Sheridan, Johnson, and Magee; and Mayor Pro Tem/Vice Chair Tisdale
Absent: 0 - Mayor/Chair Manos
CLOSED SESSION REPORT
City Attorney Leibold reported that both City Council and Successor Agency items were discussed; however, no reportable action was taken.
PRESENTATION/CEREMONIAL
1) Recognition of Deputy Chief Lonny Olson
Mayor Pro Tem Tisdale presented a Certificate to Deputy Chief Olson.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Ace Vallejos was called to speak.
Harvey Ryan was called to speak.
CITY COUNCIL CONSENT CALENDAR
A motion was made by Council Member Johnson, seconded by Council Member Magee to approve the City Council Consent Calendar with Mayor Pro Tem Tisdale abstaining from Item No. 13. The motion carried by the following vote:
Aye: 4 Council Members Sheridan, Johnson, and Magee; and Mayor Pro Tem Tisdale Nay: 0 None
Absent: 1 Mayor Manos
2) Minutes of the Regular City Council Meeting of August 13, 2024 and Special City Council Meeting of August 21, 2024
Approve the Minutes.
This item was approved on the City Council Consent Calendar. 3) CC Investment Report for July 2024
Receive and file the Investment Report for July 2024.
This item was approved on the City Council Consent Calendar. 4) Agreement for Wildland Protection Services
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING THE CALIFORNIA DEPARTMENT OF FORESTRY AND
FIRE AGREEMENT FOR WILDLAND PROTECTION SERVICES FOR THE FISCAL YEAR 2024-2025.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft August 27, 2024
City of Lake Elsinore Page 3
5) Approve and authorize the City Manager to Execute a Professional Services Agreement with Inland Foundation Engineering, Inc. for Geotechnical Services for the City Hall Project (Project #Z20006)
Approve and authorize the City Manager to execute an agreement with Inland Foundation Engineering, Inc. in an amount not to exceed $50,000.00 for Geotechnical Services for the City Hall Project in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $5,000.00.
This item was approved on the City Council Consent Calendar. 6) Construction Agreement with GMS Elevator Services, Inc. for the Purchase and Installation of the Elevator for City Hall (Project #Z20006) Approve and authorize the City Manager to execute a Public Works Construction Agreement with GMS Elevator Services Inc., in an amount not to exceed $223,340.00 for the purchase and installation of the elevator for City Hall (Project #Z20006) in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $22,334.50 for repair uncertainties and adjustments, and authorize the City Manager to accept the improvements into the City Maintained System, file the Notice of Completion with the County Recorder, and release all retention monies 35 days after the filing of the Notice of Completion for the City Hall elevator.
This item was approved on the City Council Consent Calendar. 7) Notice of Decision – Planning Commission Approval of Planning Application No. 2024-01 for a Conditional Use Permit to Establish an 8,116 Square-foot Banquet Hall for Special Events within Suite 177 of the Outlets at Lake Elsinore Located at 17600 Collier Avenue
Receive and File the Notice of Decision for Planning Application No. 2024-01 approved by the Planning Commission at their regular meeting on August 6, 2024.
This item was approved on the City Council Consent Calendar. 8) Road Closures for Fall 2024 Events
Approve temporary road closures for Historic Downtown and neighboring roads for Fall 2024 events as identified in the attached traffic plans.
This item was approved on the City Council Consent Calendar. 9) Contractor Services Agreement for San Diego Ice Company Approve and authorize the City Manager to execute the Agreement for Contractor Services with San Diego Ice Company in an amount not to exceed $90,000 for bagged ice and crushed ice for Winterfest sledding hill in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $9,000 for uncertainties and adjustments.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft August 27, 2024
City of Lake Elsinore Page 4
10) Fiscal Year 2024-25 Rates with the County of Riverside for Maintenance of City Traffic Signals and Safety Lighting
Approve the Fiscal Year 24-25 rates for the County of Riverside Transportation Department (County) Agreement for Traffic Signal and associated hardware maintenance, emergency call-out services, and inventory of City traffic signal equipment maintained by the County.
This item was approved on the City Council Consent Calendar. 11) CC Warrant Report Dated August 5, 2024 to August 11, 2024 Receive and file.
This item was approved on the City Council Consent Calendar. 12) CC Warrant Report Dated August 12, 2024 to August 18, 2024 Receive and file.
This item was approved on the City Council Consent Calendar. 13) Final Map 38116, Lakeside
1. Approve Final Map 38116 subject to the City Engineer’s acceptance as being true and correct;
2. Authorize the City Clerk to sign the map and arrange for recordation of Final Map 38116; and
3. Authorize the City Manager to execute the Construction Agreements for Street Improvements and Monumentation.
This item was approved on the City Council Consent Calendar. (Mayor Pro Tem Tisdale abstained)
SUCCESSOR AGENCY CONSENT CALENDAR
A motion was made by Agency Member Johnson, seconded by Agency Member Magee to approve the Successor Agency Consent Calendar. The motion carried by the following vote:
Aye: 4 Agency Members Sheridan, Johnson, and Magee; and Vice Chair Tisdale Nay: 0 None
Absent: 1 Chair Manos
14) Minutes of the Regular Successor Agency Meeting of August 13, 2024 Approve the Minutes.
This item was approved on the Successor Agency Consent Calendar.
City Council Minutes - Draft August 27, 2024
City of Lake Elsinore Page 5
15) SA Investment Report for July 2024
Receive and file the Investment Report for July 2024.
This item was approved on the Successor Agency Consent Calendar. 16) SA Warrant Report Dated August 5, 2024 to August 11, 2024 Receive and file.
This item was approved on the Successor Agency Consent Calendar. 17) SA Warrant Report Dated August 12, 2024 to August 18, 2024 Receive and file.
This item was approved on the Successor Agency Consent Calendar.
PUBLIC HEARING
18) Planning Application No. 2023-24 (Tentative Parcel Map No. 38825) – a Request to Subdivide an Existing 74.72-acre Property into Three (3) New Parcels for Conservation Purposes Located on the Southern Side of Lakeshore Drive and Southeasterly of the Intersection of South Main Street and Lakeshore Drive
1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15304 (Minor Alterations to Land) and 15315 (Minor Land Divisions);
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2023- 24 (TENTATIVE PARCEL MAP NO. 38825) IS CONSISTENT WITH THE
WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN (MSHCP); and
3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38825 TO SUBDIVIDE AN EXISTING 74.72-ACRE PROPERTY INTO THREE (3) NEW PARCELS THAT ARE 4.74 ACRES, 19.99 ACRES, AND 49.99 ACRES, RESPECTIVELY, FOR CONSERVATION PURPOSES LOCATED AT APNS 373- 330-001 THROUGH 022 AND 373-300-038 THROUGH 041.
The Public Hearing was opened at 7:14 p.m.
Principal Planner Huynh presented the staff report.
There were no speakers.
The Public Hearing was closed at 7:18 p.m.
City Council Minutes - Draft August 27, 2024
City of Lake Elsinore Page 6
A motion was made by Council Member Magee, seconded by Council Member Johnson to adopt staff’s recommendations with a modification to clarify that the fees are exempt as long as there is no vertical development. The motion carried by the following vote:
Aye: 4 Council Members Sheridan, Johnson, and Magee; and Mayor Pro Tem Tisdale
Nay: 0 None
Absent: 1 Mayor Manos
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES
There were no speakers.
CITY ATTORNEY COMMENTS
City Attorney Leibold had no comments.
CITY MANAGER'S COMMENTS
City Manager Simpson had no comments.
CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
Council Member Magee shared his attendance at the Panda Cares Center of Hope ribboncutting ceremony; and invited the community to attend the Animal Friends of the Valleys Adoption “Paw”looza from 10:00 a.m. – 3:00 p.m. on September 7, 2024.
Council Member Johnson spoke on Congressman Calvert’s visit to the Anchor; announced that new “No Panhandling” signs will be installed throughout the City; provided updates regarding the City’s Economic Development programs and initiatives; and provided an update on the Lake levels and testing.
Council Member Sheridan noted that the Riverside Transit Agency Transportation Now Committee meeting would be held on August 28, 2024 and that he would report on that meeting at the next Council meeting; invited the community to attend the L.E. Street Scene Festival from 4:00 - 9:00 p.m. on August 31, 2024 in Downtown; announced a free community clean-up event from 6:30 a.m. – 12:30 p.m. on Saturday, September 14, 2024 at Diamond Stadium; and encouraged the community to participate in the Inaugural Thunder Cares Golf Tournament on Monday, October 14, 2024 at CrossCreek Golf Club in Temecula.
Mayor Pro Tem Tisdale reported on his attendance at the Western Riverside Council of Governments Executive Committee meeting on August 5, 2024 and noted that the Northwest Mosquito and Vector Control District Board meeting scheduled for August 15, 2024 was canceled; invited the community to attend the City’s Emergency Preparedness event from 8:30 a.m. – 12:00 p.m. on Saturday, September 21, 2024 in the Lowe’s parking lot; and encouraged residents to honor a veteran at the Lake Elsinore Diamond Stadium by purchasing a veterans memorial engraved brick to be unveiled at the Veterans Day observance ceremony at 9:00 a.m. on Monday, November 11, 2024.
City Council Minutes - Draft August 27, 2024
City of Lake Elsinore Page 7
ADJOURNMENT
The Lake Elsinore City Council adjourned at 7:40 p.m. to the next Regular meeting of Tuesday, September 10, 2024 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.
City of Lake Elsinore
City Council Special Meeting
Minutes – Draft
Steve Manos, Mayor
Brian Tisdale, Mayor Pro Tem
Timothy J. Sheridan, Council Member
Natasha Johnson, Council Member
Robert E. Magee, Council Member
Jason Simpson, City Manager
Meeting Date:
September 12, 2024
Closed Session: 5:00 PM
Public Session: 5:00 PM
Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530
CALL TO ORDER
The Special Meetings of the City Council and the Successor Agency were called to order at 5:05 p.m.
ROLL CALL
Present: 5 - Council Member Sheridan Mayor Johnson Council Member Magee Mayor Pro Tem Manos Council; Member Tisdale
Absent: 0 - None
PLEDGE OF ALLEGIANCE
Mayor Manos led the Pledge of Allegiance.
PUBLIC COMMENTS
There were no speakers.
SUCCESSOR AGENCY CONSENT CALENDAR
A motion was made by Agency Member Johnson, seconded by Agency Member Sheridan to approve the Successor Agency Consent Calendar. The motion carried by the following vote:
Aye: 5 Agency Members Sheridan, Johnson, and Magee; Vice Chair Tisdale; and Chair Manos
Nay: 0 None
City Council Minutes - Draft September 12, 2024
City of Lake Elsinore Page 2
1) Amended Recognized Obligation Payment Schedule (ROPS 24-25B) for the Period January 1, 2025 through June 30, 2025
1. Find that the adoption of the Amended ROPS FY 24-25 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines; and
2. Adopt A RESOLUTION OF THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING THE AMENDED RECOGNIZED OBLIGATION PAYMENT
SCHEDULE (ROPS 24-25B) FOR JANUARY 1, 2025 THROUGH JUNE 30, 2025.
This item was approved on the Successor Agency Consent Calendar. 2) Sale of Real Property 284 Ellis Street
1. Find that the proposed sale of real property does not constitute a project under California Environmental Quality Act (CEQA) and Section 15004(b) of the CEQA Guidelines in that it does not vest any development rights or result in the physical change in the environment and that any proposed affordable housing project will be required to comply with CEQA and obtain all land use entitlements, and does not commit the City to any definite course of action or foreclose alternatives or mitigation measures that would ordinarily be part of CEQA; and
2. Adopt A RESOLUTION OF THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING THE TRANSFER OF SPECIFIED REAL PROPERTY BY THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE PURSUANT TO SECTION 34181(a)(1) OF THE HEALTH &
SAFETY CODE AND MAKING RELATED FINDINGS AND DECLARATIONS AND TAKING RELATED ACTIONS IN CONNECTION THEREWITH.
This item was approved on the Successor Agency Consent Calendar.
BUSINESS ITEM
3) Confirmation of Proclamation of a Local Emergency Due to the Airport Fire Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, CONFIRMING THE PROCLAMATION OF A LOCAL EMERGENCY DUE TO THE AIRPORT FIRE.
City Clerk Alvarez presented the staff report.
There were no speakers.
A motion was made by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, to adopt the Resolution. The motion carried by the following vote:
Aye: 5 Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None
City Council Minutes - Draft September 12, 2024
City of Lake Elsinore Page 3
RECESS INTO CLOSED SESSION
The City Council recessed into Closed Session at 5:05 p.m.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov’t Code Section 54956.9: 1 Potential Case
RECOVENE
The Special Meeting of the City Council reconvened at 5:29 p.m.
CLOSED SESSION REPORT
City Attorney Leibold reported that one item was discussed; however, no reportable action was taken.
ADJOURNMENT
The Lake Elsinore City Council and Successor Agency adjourned at 5:30 p.m. to the next Regular meeting of Tuesday, September 24, 2024 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m. 23) SA Warrant Report Dated August 19, 2024 to August 25, 2024 Receive and file.
REPORT TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To: Honorable Agency Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Shannon Buckley, Assistant Executive Director Date: September 24, 2024
Subject: SA Warrant Report Dated August 19, 2024 to August 25, 2024 Recommendation
Receive and file.
Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above-mentioned period.
Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
AUG 19, 2024 TO AUG 25, 2024 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
540 SARDA DIAMOND STADIUM 12,251.71 $
GRAND TOTAL 12,251.71 $
Attachment 1 1 OF 1
AUG 19, 2024 TO AUG 25, 2024 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
7464 AK SECURITY ALARM LLC 810.00 $
APA25000355 GOLDEN STATE CONCESSIONS & CATERING 11,441.71 GRAND TOTAL 12,251.71 $
Attachment 2 1 OF 1
24) SA Warrant Report Dated August 26, 2024 to September 1, 2024 Receive and file.
REPORT TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To: Honorable Agency Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Shannon Buckley, Assistant Executive Director Date: September 24, 2024
Subject: SA Warrant Report Dated August 26, 2024 to September 1, 2024 Recommendation
Receive and file.
Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above-mentioned period.
Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
AUG 26, 2024 TO SEP 01, 2024 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 32,666.13 $
540 SARDA DIAMOND STADIUM 7,878.14
GRAND TOTAL 40,544.27 $
Attachment 1 1 OF 1
AUG 26, 2024 TO SEP 01, 2024 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
7571 LEIBOLD, MCCLENDON & MANN, PC 32,666.13 $
7575 PROSTAFF, LLC 6,387.50
APA25000436 QUINN COMPANY 1,371.12
APA25000438 SOUTHERN CALIFORNIA EDISON CO. 119.52
GRAND TOTAL 40,544.27 $
Attachment 2 1 OF 1
25) SA Warrant Report Dated September 2, 2024 to September 8, 2024 Receive and file.
REPORT TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To: Honorable Agency Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Shannon Buckley, Assistant Executive Director Date: September 24, 2024
Subject: SA Warrant Report Dated September 2, 2024 to September 8, 2024 Recommendation
Receive and file.
Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above mentioned period.
Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
SEP 02, 2024 TO SEP 08, 2024 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 193,568.50 $
540 SARDA DIAMOND STADIUM 17,626.46
GRAND TOTAL 211,194.96 $
Attachment 1 1 OF 1
SEP 02, 2024 TO SEP 08, 2024 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
7580 AK SECURITY ALARM LLC 17,626.46 $
APA25000473 LAKE ELSINORE STORM, LP 193,568.50
GRAND TOTAL 211,194.96 $
Attachment 2 1 OF 1
26) SA Investment Report for August 2024
Receive and file the Investment Report for August 2024.
REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY
OF LAKE ELSINORE
To: Honorable Agency Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Shannon Buckley, Assistant Executive Director Date: September 24, 2024
Subject: SA Investment Report for August 2024
Recommendation
Receive and file the Investment Report for August 2024.
Discussion
The Investment Report is a listing of all funds invested for the City of Lake Elsinore and includes funds held for the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore as of the date shown on the report.
Fiscal Impact
No fiscal impact
Attachments
Attachment 1- Investment Report for August 2024
CITY OF LAKE ELSINORE
INVESTMENT REPORT
BANK DEPOSITS OUTSTANDING BOOK
CASH ACCOUNTS BALANCE IN TRANSIT PAYMENTS BALANCE
Bank Accounts:
General Checking Account 2,310,333 $ 107,125 $ (101,768) $ 2,315,690 $ Cash On Hand:
Cashier Drawers #1 & #2 - - - 300
City of Lake Elsinore Petty Cash Fund - - - 2,000
Total Cash Accounts 2,310,333 107,125 (101,768) 2,317,990
INVESTMENTS
Local Agency Investment Funds 70,203,505 - - 70,203,505 CAMP Investments:
CAMP Pool Account - 146,612 - 146,612
U.S. Treasury Bond / Note 21,813,512 - - 21,813,512
Supra-National Agency Bond / Note - - - -
Municipal Bond / Note 1,230,522 - - 1,230,522
Federal Agency Commercial Mortgage-Backed Security - 8,751,708 - 8,751,708 Federal Agency Bond / Note 2,266,362 - - 2,266,362
Corporate Note 11,887,402 - - 11,887,402
Certificate of Deposit 900,000 - - 900,000
Bank Note 525,525 - - 525,525
Asset-Backed Security 5,487,644 - - 5,487,644
Sub-total Investments 123,212,790 - - 123,212,790
Market Value Adjustment:
Unrealized Gain/(Loss) at 4/30/2024 (821,059) - - (821,059) Total Investments 122,391,731 - - 122,391,731
Total Pooled Cash and Investments 124,702,064 $ 107,125 $ (101,768) $ 124,709,721 $ TOTAL POOLED CASH AND INVESTMENTS $ 124,709,721
I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 11, 2024. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures.
Jason P. Simpson September 17, 2024
City Manager Date
C I T Y O F L A K E E L S I N O R E
INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS
AS OF AUGUST 31, 2024
FUND NO FUND NAME AMOUNT
100 General 20,370,687 $
102 Measure Z 12,720,172
106 Affordable Housing In Lieu 1,518,569
107 Developer Agreement Revenue 669,011
108 American Rescue Plan 5,439,387
109 Road Maintenance and Rehabilitation (SB1) 2,127,837 110 State Gas Tax 629,247
111 TUMF C.I.P. 134,367
112 Measure A 918,258
114 SB1186 CASP Education Program 70,401
116 City Hall-Public Works DIF 85,959
117 Community Center DIF 495,161
118 Lake Side Facility DIF 695,874
119 Animal Shelter DIF 47,264
121 T.R.I.P.-2014A 520
135 Lighting & Landscape Maintenance - Dist. No. 1 1,671,847 140 Geothermal 12,292
160 PEG Grant 4,344
180 Launch Pointe 277,997
202 La Strada RBBD 25,070
203 E.L.S.P. - S.T.I.F. 3,535,230
205 Traffic Impact Fee 836,087
211 Storm Drain C.I.P. 3,409,099
221 Quimby Park C.I.P. 7,827
231 Library C.I.P. 1,115,677
232 City Fire Protection 1,086,668
300 Insurance Service 75,347
305 Information Systems Service 2,860,784
310 Support Service 19,389
315 Fleet Service 508,837
320 Facilities Service 2,160,518
331 CFD 2006-1CC Summerly Improvement Area CC 3,362
335 CFD 2003-2E Canyon Hills Improvement Area E 2,668
337 CFD 2016-2 Canyon Hills 30,390
338 CFD 2006-1 IA-JJ Summerly Improvement Area 9,421
339 CFD 2006-1 IA-KK Summerly Improvement Area 8,738
345 CFD 2003-2 Improvement Area D, Canyon Hills 14,651
346 CFD 2014-1 Southshore 60,826
351 CFD 2006-1 IA-II Summerly Improvement 13,972
354 CFD 90-2 Tuscany Hills 1,055,654
C I T Y O F L A K E E L S I N O R E
POOLED CASH AND INVESTMENTS BY FUND
AS OF AUGUST 31, 2024
FUND NO FUND NAME AMOUNT
C I T Y O F L A K E E L S I N O R E
POOLED CASH AND INVESTMENTS BY FUND
AS OF AUGUST 31, 2024
361 CFD 2022-2 Lakeshore Improvement 6,093
364 CFD 2023-2 Coastal Mission Trail Improvement 6,274
370 CFD 2006-1 IA-HH Summerly Improvement 1,103
377 CFD 2006-6 Tessara 7,252
378 CFD 2006-8 Running Deer Estates 6,091
387 CFD 2007-5 Red Kite 983
397 CFD 2018-3 Village at Lakeshore 11,443
500 Capital Improvement Plan 8,888,254
603 Endowment Trust - Carl Graves 64,357
604 Endowment Trust - Korn Memorial 35,321
605 Public Improvement Trust 2,543,363
606 Mobile Source Air Polution Reduction 123,648
608 Trust Deposit & Pre Paid Expense 1,608,352
617 Successor Agency Housing 41,523,303
620 Cost Recovery System 4,712,469
631 Lake Destratification Equipment Replacement 442,006 Total Pooled Cash & Investments $ 124,709,721
MAXIMUM DIVERSIFICATION CURRENT
TYPES OF SECURITIES PERCENTAGE PERCENTAGE BALANCE
CAMP - Pooled Sweep Account Unlimited 0.12% 146,612 $
U.S. Treasury Bond / Note Unlimited 17.78% 21,813,512 $ Supra-National Agency Bond / Note 30% 0.00% - $
Municipal Bond / Note Unlimited 1.00% 1,230,522 $
Federal Agency Collaterized Mortgage Obligation 40% 7.13% 8,751,70 $ 8 Federal Agency Bond / Note Unlimited 1.85% (1) $ 2,266,362 Corporate Note 30% 9.69% 11,887,402 $
Negotiable Certificates of Deposit 30% 0.73% 900,000 $
Asset-Backed Security / Collaterized Mortgage 20% 4.47% 5,487,644 $ LAIF (Local Agency Investment Funds) $150 Million 57.22% (2) $ 70,203,505 TOTAL 100.00% 122,687 $ ,265
Note:
(1) No more than 40% in any one federal agency. See CAMP Portfolio Statement for listing of agencies. (2) Investment in LAIF may not exceed $75 million in each agency.
C I T Y O F L A K E E L S I N O R E
SUMMARY OF POLICY LIMITATIONS
FOR THE MONTH ENDING AUGUST 31, 2024
Local Agency Investment Fund
August 4.579
July 4.516
June 4.480
May 4.332
April 4.272
March 4.232
PMIA Average Life(1): 217
LAIF Fair Value Factor(1): 0.996316042
PMIA Daily(1): 4.52
PMIA Quarter to Date(1): 4.36
LAIF Apportionment Rate(2): 4.55
LAIF Earnings Ratio(2): 0.00012419067099490
LAIF Administrative Cost(1)*: 0.16
Treasuries
Agencies 59.17%
22.68%
Certificates of
Deposit/Bank Notes
8.31%
Time
Deposits
3.09%
Commercial
Paper
6.07%
Corporate
Bonds
0.44%
Loans
0.24%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a). *The percentage of administrative cost equals the total administrative cost divided by the quarterly interest earnings. The law provides that administrative costs are not to exceed 5% of quarterly EARNINGS of the fund. However, if the 13-week Daily Treasury Bill Rate on the last day of the fiscal year is below 1%, then administrative costs shall not exceed 8% of quarterly EARNINGS of the fund for the subsequent fiscal year.
Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 9/11/24
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 06/30/24
Chart does not include $1,394,000.00 in mortgages, which equates to 0.001%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
7/31/24
$170.8 billion
Yield Purchase Date Maturity Rate
4.579% Daily 24-Hour
Investment Beginning Balance Net Increase/(Decrease) Ending Balance Total Investments Held with
Local Agency Investment Fund: $ (19,800,000) 90,003,505 $ 70,203,505 $ Note:
Per California State Treasurer, LAIF Statute 16429.1: Separate accounts for each governmental unit shall be maintained.
C I T Y O F L A K E E L S I N O R E
LOCAL AGENCY INVESTMENT FUND
TRANSACTION SUMMARY
FOR THE MONTH ENDING AUGUST 31, 2024
CAMP
Investment Portfolio
Account Statement - Transaction Summary For the Month Ending August 31, 2024
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Opening Market Value
Purchases
Redemptions
Change in Value
Closing Market Value
47,106.75
1,779,813.51
(1,680,308.76)
0.00 $146,611.50
CAMP Pool
Unsettled Trades 0.00
Cash Dividends and Income 486.39
Opening Market Value
Purchases
Redemptions
Change in Value
Closing Market Value
52,987,315.38
1,673,591.17
(1,663,925.35)
419,774.61
$53,416,755.81
CAMP Managed Account
Unsettled Trades 0.00
Cash Dividends and Income 232,063.09
August 31, 2024 July 31, 2024
Asset Summary
CAMP Pool 146,611.50 47,106.75
CAMP Managed Account 53,416,755.81 52,987,315.38
Total $53,563,367.31 $53,034,422.13
Asset Allocation
0.27%
CAMP Pool
99.73%
CAMP Managed
Account
Managed Account Summary Statement For the Month Ending August 31, 2024
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dividend
Closing Market Value
Redemptions
Purchases
Opening Market Value
Closing Market Value
Change in Current Value
Unsettled Trades
Principal Acquisitions
Principal Dispositions
Maturities/Calls
Opening Market Value
Closing Market Value
Opening Market Value
Account Total
Total Cash Basis Earnings
Plus Net Realized Gains/Losses
Less Purchased Interest Related to Interest/Coupons
Interest/Dividends/Coupons Received
Earnings Reconciliation (Cash Basis) - Managed Account
Dividends
Less Beginning Accrued Interest
Less Beginning Amortized Value of Securities
Less Cost of New Purchases
Plus Coupons/Dividends Received
Plus Proceeds of Maturities/Calls/Principal Payments
Plus Proceeds from Sales
Ending Accrued Interest
Ending Amortized Value of Securities
Earnings Reconciliation (Accrual Basis)
Reconciling Transactions
Net Cash Contribution
Security Purchases
Principal Payments
Coupon/Interest/Dividend Income
Sale Proceeds
Maturities/Calls
Cash Transactions Summary- Managed Account
$47,106.75
1,779,813.51
(1,680,308.76)
$146,611.50
486.39
$52,987,315.38
(231,839.41)
(1,432,085.94)
1,673,591.17
0.00 419,774.61
$53,416,755.81
$53,034,422.13
$53,563,367.31
211,401.78
(2,464.20)
23,125.51
$232,063.09
171,313.00
1,438,988.11
203,186.61
61,839.41
(1,676,055.37)
(199,271.76)
0.00 Managed Account Total
53,164,866.88 53,311,478.38
289,828.19
1,438,988.11
233,152.41
203,186.61
(1,676,055.37)
(53,145,429.23)
(353,180.17)
0.00 289,828.19
3,119,296.87
233,152.41
203,186.61
(3,455,868.88)
(53,192,535.98)
(353,180.17)
486.39
Total Accrual Basis Earnings $155,357.43 $155,843.82
Transaction Summary - Money Market Transaction Summary - Managed Account _______________________________________________ _______________________________________________ _____________________________________________________ Cash Balance
Closing Cash Balance $0.00
Portfolio Summary and Statistics For the Month Ending August 31, 2024
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Account Summary
Description Par Value Market Value Percent
U.S. Treasury Bond / Note 23,050,000.00 22,281,531.33 41.60 Municipal Bond / Note 1,235,000.00 1,208,202.54 2.26
Federal Agency Commercial
Mortgage-Backed Security
8,875,682.83 8,913,717.70 16.64
Federal Agency Bond / Note 2,275,000.00 2,184,702.75 4.08 Corporate Note 11,950,000.00 11,859,288.50 22.14
Certificate of Deposit 900,000.00 912,073.50 1.70
Bank Note 525,000.00 531,513.68 0.99
Asset-Backed Security 5,488,442.34 5,525,725.81 10.32
Managed Account Sub-Total 54,299,125.17 53,416,755.81 99.73% Accrued Interest 289,828.19
Total Portfolio 54,299,125.17 53,706,584.00
CAMP Pool 146,611.50 146,611.50 0.27
Total Investments 54,445,736.67 53,853,195.50 100.00%
Unsettled Trades 0.00 0.00
Sector Allocation
10.32%
ABS
0.99%
Bank Note
1.70%
Cert of Deposit
20.66%
Corporate Note
4.08%
Fed Agy Bond /
Note
16.64%
Federal Agency
Commercial
Mortgage-Backed
Security
0.27%
Joint Powers
Authority
2.26%
Muni Bond / Note
1.48%
Priv Placement
Bond
41.60%
US TSY Bond / Note
0 - 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years
1.04%
7.36% 8.13%
30.62%
38.27%
14.58%
0.00%
Maturity Distribution Characteristics
Yield to Maturity at Cost
Yield to Maturity at Market
Weighted Average Days to Maturity 1064
3.83%
4.17%
Managed Account Issuer Summary For the Month Ending August 31, 2024
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Credit Quality (S&P Ratings)
5.70%
A
4.77%
A+
3.08%
A3.60%
AA
63.73%
AA+
5.47%
AA10.40%
AAA
0.27%
AAAm
0.68%
BBB+
2.30%
NR
Issuer Summary
Issuer of Holdings Percent
Market Value
Abbott Laboratories 223,553.03 0.42
Adobe Inc 384,419.25 0.72
Air Products and Chemicals Inc 345,727.30 0.65
Amazon.com Inc 462,082.85 0.86
American Express Co 1,481,762.91 2.77
Apple Inc 750,638.65 1.40
BA Credit Card Trust 353,692.21 0.66
Bank of America Corp 445,937.41 0.83
Bank of New York Mellon Corp 452,148.23 0.84
Bayerische Motoren Werke AG 164,590.30 0.31
Berkshire Hathaway Inc 455,726.40 0.85
BlackRock Inc 791,919.80 1.48
Bristol-Myers Squibb Co 370,318.12 0.69
California State University 81,516.53 0.15
CAMP Pool 146,611.50 0.27
Capital One Financial Corp 735,376.81 1.37
CarMax Inc 180,413.76 0.34
Caterpillar Inc 212,514.53 0.40
Charles Schwab Corp 291,344.70 0.54
Cintas Corp 64,295.53 0.12
Cisco Systems Inc 431,472.72 0.81
Citigroup Inc 787,065.75 1.47
Deere & Co 384,679.88 0.72
Discover Card Execution Note Trust 866,517.92 1.62
Federal Home Loan Banks 144,311.10 0.27
Federal Home Loan Mortgage Corp 9,447,607.05 17.64
Federal National Mortgage Association 1,506,502.30 2.81 Fifth Third Auto Trust 353,732.75 0.66
Ford Credit Auto Owner Trust 129,856.35 0.24
General Dynamics Corp 223,122.83 0.42
GM Financial Consumer Automobile Receiv 301,674.51 0.56 Harley-Davidson Inc 170,231.20 0.32
Managed Account Issuer Summary For the Month Ending August 31, 2024
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Issuer of Holdings Percent
Market Value
Home Depot Inc 407,971.82 0.76
Honda Auto Receivables Owner Trust 440,454.21 0.82
Hyundai Auto Receivables Trust 22,378.00 0.04
International Business Machines Corp 223,642.58 0.42
JPMorgan Chase & Co 584,546.47 1.09
Lockheed Martin Corp 60,561.84 0.11
Microsoft Corp 738,327.00 1.38
Morgan Stanley 531,513.68 0.99
National Australia Bank Ltd 742,877.00 1.39
National Rural Utilities Cooperative Fi 389,294.35 0.73 New York State Urban Development Corp 318,033.30 0.59
Nissan Auto Receivables Owner Trust 169,033.02 0.32
Nordea Bank Abp 455,888.25 0.85
PACCAR Inc 172,598.30 0.32
Roche Holding AG 403,966.03 0.75
San Juan Unified School District 125,488.22 0.23
State Board of Administration Finance C 301,200.66 0.56 State of California 202,622.00 0.38
State of Minnesota 96,622.80 0.18
Target Corp 38,179.60 0.07
Texas Instruments Inc 86,241.26 0.16
Toronto-Dominion Bank 456,185.25 0.85
Toyota Auto Receivables Owner Trust 274,803.02 0.51
Toyota Motor Corp 378,965.63 0.71
United Services Automobile Association 222,878.48 0.42
United States Treasury 22,281,531.33 41.61
UnitedHealth Group Inc 213,480.00 0.40
University of Michigan 82,719.03 0.15
Total $53,563,367.31 100.00%
Managed Account Detail of Securities Held For the Month Ending August 31, 2024
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
U.S. Treasury Bond / Note
US TREASURY N/B
DTD 06/30/2020 0.250% 06/30/2025
912828ZW3 50,000.00 AA+ Aaa 04/01/21 04/05/21 49,031.25 0.71 21.40 49,810.88 48,304.30
US TREASURY N/B
DTD 11/15/2016 2.000% 11/15/2026
912828U24 8,000,000.00 AA+ Aaa 01/13/23 01/17/23 7,513,750.00 3.72 47,391.30 7,720,006.26 7,683,128.00
US TREASURY N/B
DTD 05/02/2022 2.750% 04/30/2027
91282CEN7 1,200,000.00 AA+ Aaa 01/31/23 02/03/23 1,155,421.88 3.70 11,119.57 1,172,019.81 1,167,562.80
US TREASURY N/B
DTD 08/01/2022 2.750% 07/31/2027
91282CFB2 375,000.00 AA+ Aaa 05/01/23 05/05/23 362,329.10 3.62 896.74 366,298.99 364,101.75
US TREASURY N/B
DTD 08/01/2022 2.750% 07/31/2027
91282CFB2 400,000.00 AA+ Aaa 03/02/23 03/06/23 373,265.62 4.44 956.52 382,326.71 388,375.20
US TREASURY N/B
DTD 08/01/2022 2.750% 07/31/2027
91282CFB2 600,000.00 AA+ Aaa 07/03/23 07/07/23 565,640.63 4.30 1,434.78 575,404.71 582,562.80
US TREASURY N/B
DTD 08/01/2022 2.750% 07/31/2027
91282CFB2 825,000.00 AA+ Aaa 06/02/23 06/06/23 786,779.30 3.97 1,972.83 798,200.13 801,023.85
US TREASURY N/B
DTD 11/30/2022 3.875% 11/30/2027
91282CFZ9 1,175,000.00 AA+ Aaa 01/02/24 01/05/24 1,170,501.95 3.98 11,569.42 1,171,259.52 1,177,983.33
US TREASURY N/B
DTD 11/30/2022 3.875% 11/30/2027
91282CFZ9 1,200,000.00 AA+ Aaa 12/01/23 12/05/23 1,184,109.38 4.24 11,815.57 1,187,067.04 1,203,046.80
US TREASURY N/B
DTD 02/28/2023 4.000% 02/29/2028
91282CGP0 400,000.00 AA+ Aaa 04/03/24 04/05/24 393,640.63 4.45 44.20 394,305.57 402,922.00
US TREASURY N/B
DTD 02/28/2023 4.000% 02/29/2028
91282CGP0 600,000.00 AA+ Aaa 02/02/24 02/06/24 602,507.81 3.89 66.30 602,156.31 604,383.00
US TREASURY N/B
DTD 02/28/2023 4.000% 02/29/2028
91282CGP0 1,350,000.00 AA+ Aaa 03/01/24 03/06/24 1,335,287.11 4.30 149.17 1,337,097.15 1,359,861.75
US TREASURY N/B
DTD 02/28/2023 4.000% 02/29/2028
91282CGP0 2,450,000.00 AA+ Aaa 05/01/24 05/06/24 2,383,390.63 4.79 270.72 2,388,521.86 2,467,897.25
US TREASURY N/B
DTD 06/30/2021 1.250% 06/30/2028
91282CCH2 225,000.00 AA+ Aaa 07/01/24 07/03/24 198,641.60 4.49 481.49 199,636.42 204,934.50
Managed Account Detail of Securities Held For the Month Ending August 31, 2024
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
U.S. Treasury Bond / Note
US TREASURY N/B
DTD 06/30/2021 1.250% 06/30/2028
91282CCH2 1,300,000.00 AA+ Aaa 08/01/24 08/05/24 1,173,960.94 3.96 2,781.93 1,176,170.08 1,184,066.00
US TREASURY N/B
DTD 06/30/2021 1.250% 06/30/2028
91282CCH2 2,900,000.00 AA+ Aaa 06/06/24 06/11/24 2,565,253.91 4.39 6,205.84 2,582,274.60 2,641,378.00 Security Type Sub-Total 23,050,000.00 21,813,511.74 4.06 97,177.78 22,102,556.04 22,281,531.33 Municipal Bond / Note
NY ST URBAN DEV-F-1
DTD 12/23/2020 0.870% 03/15/2025
650036DT0 325,000.00 NR NR 12/16/20 12/23/20 325,000.00 0.87 1,303.79 325,000.00 318,033.30
UNIV OF CALIFORNIA-BG (CALLABLE)
DTD 07/16/2020 0.883% 05/15/2025
91412HGE7 85,000.00 AA Aa2 07/10/20 07/16/20 85,000.00 0.88 221.00 85,000.00 82,719.03
FLORIDA ST BRD OF ADM
DTD 09/16/2020 1.258% 07/01/2025
341271AD6 65,000.00 AA Aa3 09/03/20 09/16/20 65,459.55 1.11 136.28 65,079.92 63,154.98
FLORIDA ST BRD OF ADM
DTD 09/16/2020 1.258% 07/01/2025
341271AD6 85,000.00 AA Aa3 09/03/20 09/16/20 85,563.55 1.12 178.22 85,098.01 82,587.28
FLORIDA ST BRD OF ADM
DTD 09/16/2020 1.258% 07/01/2025
341271AD6 160,000.00 AA Aa3 09/03/20 09/16/20 160,000.00 1.26 335.47 160,000.00 155,458.40
MINNESOTA ST-F-UNREF
DTD 08/25/2020 0.630% 08/01/2025
60412AK85 100,000.00 AAA Aaa 05/07/24 05/07/24 94,499.00 5.30 52.50 95,876.48 96,622.80
SAN JUAN CA UNIF SCH
DTD 10/29/2020 0.852% 08/01/2025
798306WP7 130,000.00 NR Aa2 10/16/20 10/29/20 130,000.00 0.85 92.30 130,000.00 125,488.22
CALIFORNIA ST UNIV-B
DTD 07/29/2021 0.862% 11/01/2025
13077DQD7 85,000.00 AA- Aa2 07/09/21 07/29/21 85,000.00 0.86 244.23 85,000.00 81,516.53 CA ST
DTD 03/15/2023 4.846% 03/01/2027
13063D3N6 200,000.00 AA- Aa2 03/09/23 03/15/23 200,000.00 4.85 4,846.00 200,000.00 202,622.00 Security Type Sub-Total 1,235,000.00 1,230,522.10 1.97 7,409.79 1,231,054.41 1,208,202.54 Federal Agency Commercial Mortgage-Backed Security
Managed Account Detail of Securities Held For the Month Ending August 31, 2024
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Federal Agency Commercial Mortgage-Backed Security
FHMS K043 A2
DTD 03/01/2015 3.062% 12/01/2024
3137BGK24 240,068.14 AA+ Aaa 03/19/20 03/25/20 251,959.02 1.91 612.57 240,860.87 238,180.01 FHMS K054 A2
DTD 04/01/2016 2.745% 01/01/2026
3137BNGT5 275,000.00 AA+ Aaa 04/11/23 04/14/23 263,613.28 4.32 629.06 269,266.83 268,557.85 FHMS K058 A2
DTD 11/01/2016 2.653% 08/01/2026
3137BSP72 550,000.00 AA+ Aaa 04/06/23 04/12/23 526,839.84 3.98 1,215.96 536,367.39 532,797.65 FHMS K061 A2 FLOATING
DTD 01/01/2017 3.347% 11/01/2026
3137BTUM1 373,510.70 AA+ Aaa 05/19/23 05/24/23 362,013.58 4.29 1,041.78 366,180.26 365,843.65 FHMS K064 A2
DTD 05/01/2017 3.224% 03/01/2027
3137BXQY1 550,000.00 AA+ Aaa 08/16/23 08/18/23 518,804.69 4.94 1,477.67 527,776.05 537,111.30 FHMS K065 A2
DTD 07/01/2017 3.243% 04/01/2027
3137F1G44 550,000.00 AA+ Aaa 06/08/23 06/13/23 527,033.20 4.42 1,486.38 534,259.82 536,767.00 FHMS KJ48 A1
DTD 12/01/2023 4.858% 05/01/2028
3137HBC69 395,375.40 AA+ Aaa 12/06/23 12/14/23 395,372.23 4.86 1,600.61 395,374.05 401,934.68 FHMS KJ46 A1
DTD 07/01/2023 4.777% 06/01/2028
3137HAD45 436,728.59 AA+ Aaa 07/19/23 07/27/23 436,717.70 4.78 1,738.54 436,720.13 441,229.95 FHMS K505 A2
DTD 07/01/2023 4.819% 06/01/2028
3137HACX2 550,000.00 AA+ Aaa 07/13/23 07/20/23 555,493.40 4.59 2,208.71 554,252.36 560,313.60 FNA 2023-M6 A2 FLOATING
DTD 07/01/2023 4.190% 07/01/2028
3136BQDE6 550,000.00 AA+ Aaa 07/18/23 07/31/23 540,675.78 0.35 1,920.42 542,702.78 547,824.75 FHMS K508 A2 FLOATING
DTD 10/01/2023 4.740% 08/01/2028
3137HAQ74 500,000.00 AA+ Aaa 10/11/23 10/19/23 489,032.00 0.46 1,975.00 490,968.30 508,112.50 FHMS K506 A2 FLOATING
DTD 09/01/2023 4.650% 08/01/2028
3137HAMH6 800,000.00 AA+ Aaa 09/07/23 09/14/23 788,165.60 4.99 3,100.00 790,241.81 810,585.60 FHMS K509 A2
DTD 10/01/2023 4.850% 09/01/2028
3137HAST4 375,000.00 AA+ Aaa 10/25/23 10/31/23 363,043.88 5.60 1,515.63 364,694.77 383,470.13 FHMS K507 A2 FLOATING
DTD 09/01/2023 4.800% 09/01/2028
3137HAMS2 500,000.00 AA+ Aaa 09/20/23 09/28/23 494,023.50 0.24 2,000.00 495,041.55 509,482.00
Managed Account Detail of Securities Held For the Month Ending August 31, 2024
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Federal Agency Commercial Mortgage-Backed Security
FHMS K510 A2 FLOATING
DTD 11/01/2023 5.069% 10/01/2028
3137HB3D4 180,000.00 AA+ Aaa 11/14/23 11/21/23 179,479.62 5.14 760.35 179,553.21 185,289.12 FHMS K511 A2
DTD 12/01/2023 4.860% 10/01/2028
3137HB3G7 275,000.00 AA+ Aaa 11/28/23 12/07/23 274,209.93 4.93 1,113.75 274,316.54 280,751.08 FHMS K514 A2
DTD 02/01/2024 4.572% 12/01/2028
3137HBLV4 290,000.00 AA+ Aaa 02/01/24 02/08/24 292,899.71 4.34 1,104.90 292,597.05 293,120.11 FHMS K524 A2 FLOATING
DTD 07/01/2024 4.720% 05/01/2029
3137HDV56 440,000.00 AA+ Aaa 07/16/24 07/25/24 442,702.04 4.58 1,730.67 442,694.73 448,318.64 FHMS K522 A2
DTD 06/01/2024 4.803% 05/01/2029
3137HDJJ0 550,000.00 AA+ Aaa 06/05/24 06/13/24 549,998.35 4.80 2,201.38 550,000.00 561,872.85 FHMS K526 A2 FLOATING
DTD 08/01/2024 4.543% 07/01/2029
3137HDXL9 495,000.00 AA+ Aaa 08/07/24 08/15/24 499,630.23 -0.22 1,873.99 499,587.20 502,155.23 Security Type Sub-Total 8,875,682.83 8,751,707.58 3.58 31,307.37 8,783,455.70 8,913,717.70 Federal Agency Bond / Note
FREDDIE MAC
DTD 07/23/2020 0.375% 07/21/2025
3137EAEU9 425,000.00 AA+ Aaa 07/21/20 07/23/20 422,883.50 0.48 177.08 424,623.31 410,006.00
FANNIE MAE
DTD 08/27/2020 0.375% 08/25/2025
3135G05X7 350,000.00 AA+ Aaa 08/25/20 08/27/20 348,362.00 0.47 21.88 349,677.50 336,654.85
FEDERAL HOME LOAN BANK
DTD 09/11/2020 0.375% 09/04/2025
3130AK5E2 150,000.00 AA+ Aaa 09/10/20 09/11/20 149,550.00 0.44 276.56 149,908.90 144,311.10
FREDDIE MAC
DTD 09/25/2020 0.375% 09/23/2025
3137EAEX3 700,000.00 AA+ Aaa 09/23/20 09/25/20 697,893.00 0.44 1,152.08 699,552.35 671,708.10
FANNIE MAE
DTD 11/12/2020 0.500% 11/07/2025
3135G06G3 650,000.00 AA+ Aaa 11/09/20 11/12/20 647,673.00 0.57 1,029.17 649,447.74 622,022.70 Security Type Sub-Total 2,275,000.00 2,266,361.50 0.49 2,656.77 2,273,209.80 2,184,702.75 Corporate Note
Managed Account Detail of Securities Held For the Month Ending August 31, 2024
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Corporate Note
PACCAR FINANCIAL CORP
DTD 02/06/2020 1.800% 02/06/2025
69371RQ66 175,000.00 A+ A1 10/22/20 10/29/20 182,894.25 0.72 218.75 175,796.10 172,598.30
AMERICAN EXPRESS CO (CALLABLE)
DTD 03/04/2022 2.250% 03/04/2025
025816CQ0 80,000.00 BBB+ A2 03/01/22 03/04/22 79,919.20 2.29 885.00 79,986.31 78,893.60
ROCHE HOLDINGS INC (CALLABLE)
DTD 03/10/2022 2.132% 03/10/2025
771196BT8 410,000.00 AA Aa2 03/03/22 03/10/22 410,000.00 2.13 4,152.07 410,000.00 403,966.03
HOME DEPOT INC (CALLABLE)
DTD 03/28/2022 2.700% 04/15/2025
437076CM2 25,000.00 A A2 03/24/22 03/28/22 24,956.25 2.76 255.00 24,991.07 24,677.95 CINTAS CORPORATION NO. 2 (CALLABLE)
DTD 05/03/2022 3.450% 05/01/2025
17252MAP5 65,000.00 A- A3 04/26/22 05/03/22 64,985.70 3.46 747.50 64,996.82 64,295.53
USAA CAPITAL CORP
DTD 05/26/2022 3.375% 05/01/2025
90327QD89 225,000.00 AA Aa1 05/23/22 05/26/22 224,264.25 3.49 2,531.25 224,832.63 222,878.48
GENERAL DYNAMICS CORP (CALLABLE)
DTD 05/11/2018 3.500% 05/15/2025
369550BG2 225,000.00 A A2 10/16/20 10/20/20 252,247.50 0.80 2,318.75 228,335.03 223,122.83 AMAZON.COM INC (CALLABLE)
DTD 06/03/2020 0.800% 06/03/2025
023135BQ8 475,000.00 AA A1 06/03/20 06/05/20 474,767.25 0.81 928.89 474,964.79 462,082.85
NATIONAL AUSTRALIA BK/NY
DTD 06/09/2022 3.500% 06/09/2025
63254ABD9 250,000.00 AA- Aa2 05/31/22 06/09/22 250,000.00 3.50 1,993.06 250,000.00 247,675.50
NATIONAL RURAL UTIL COOP
DTD 05/04/2022 3.450% 06/15/2025
63743HFE7 50,000.00 A- A2 04/27/22 05/04/22 49,986.50 3.92 364.17 49,996.58 49,434.20
IBM CORP
DTD 07/27/2022 4.000% 07/27/2025
459200KS9 225,000.00 A- A3 07/20/22 07/27/22 225,000.00 4.00 850.00 225,000.00 223,642.58
BANK OF AMERICA CORP
DTD 07/30/2015 3.875% 08/01/2025
06051GFS3 225,000.00 A- A1 08/18/20 08/20/20 256,918.50 0.93 726.56 230,914.15 223,263.68
ABBOTT LABORATORIES (CALLABLE)
DTD 03/22/2017 3.875% 09/15/2025
002824BM1 225,000.00 AA- Aa3 09/24/20 09/28/20 257,845.50 0.86 4,020.31 230,496.83 223,553.03
BANK OF AMERICA CORP (CALLABLE)
DTD 12/06/2021 1.530% 12/06/2025
06051GKE8 225,000.00 A- A1 12/01/21 12/06/21 225,000.00 1.53 812.81 225,000.00 222,673.73
Managed Account Detail of Securities Held For the Month Ending August 31, 2024
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Corporate Note
JPMORGAN CHASE & CO (CALLABLE)
DTD 02/24/2022 2.595% 02/24/2026
46647PCV6 175,000.00 A- A1 02/16/22 02/24/22 175,000.00 2.60 88.30 175,000.00 172,780.13
UNITEDHEALTH GROUP INC (CALLABLE)
DTD 05/19/2021 1.150% 05/15/2026
91324PEC2 225,000.00 A+ A2 05/17/21 05/19/21 224,608.50 1.19 761.88 224,866.16 213,480.00
BMW US CAPITAL LLC (CALLABLE)
DTD 08/12/2021 1.250% 08/12/2026
05565EBW4 175,000.00 A A2 08/12/21 08/16/21 174,947.50 1.26 115.45 174,979.51 164,590.30
CATERPILLAR FINL SERVICE
DTD 01/10/2022 1.700% 01/08/2027
14913R2U0 225,000.00 A A2 01/11/22 01/13/22 223,863.75 1.81 563.13 224,463.84 212,514.53
TARGET CORP (CALLABLE)
DTD 01/24/2022 1.950% 01/15/2027
87612EBM7 40,000.00 A A2 01/19/22 01/24/22 39,932.00 1.99 99.67 39,967.58 38,179.60
BANK OF NY MELLON CORP (CALLABLE)
DTD 01/26/2022 2.050% 01/26/2027
06406RBA4 475,000.00 A A1 01/26/22 01/28/22 473,945.50 2.10 946.70 474,492.69 452,148.23
MICROSOFT CORP (CALLABLE)
DTD 02/06/2017 3.300% 02/06/2027
594918BY9 750,000.00 AAA Aaa 03/14/23 03/17/23 721,942.50 4.36 1,718.75 732,451.53 738,327.00
AMERICAN EXPRESS CO (CALLABLE)
DTD 03/04/2022 2.550% 03/04/2027
025816CS6 300,000.00 BBB+ A2 01/13/23 01/18/23 277,203.00 4.59 3,761.25 286,146.91 287,073.60
BERKSHIRE HATHAWAY FIN (CALLABLE)
DTD 03/15/2022 2.300% 03/15/2027
084664CZ2 475,000.00 AA Aa2 03/15/22 03/17/22 466,089.00 2.70 5,037.64 470,470.16 455,726.40
CHARLES SCHWAB CORP (CALLABLE)
DTD 09/24/2021 3.300% 04/01/2027
808513BW4 300,000.00 A- A2 02/17/23 02/22/23 284,925.00 4.66 4,125.00 290,520.79 291,344.70
NATIONAL AUSTRALIA BK/NY
DTD 06/09/2022 3.905% 06/09/2027
63254ABE7 500,000.00 AA- Aa2 01/13/23 01/18/23 488,325.00 4.50 4,447.36 492,630.20 495,201.50
APPLE INC (CALLABLE)
DTD 09/12/2017 2.900% 09/12/2027
037833DB3 775,000.00 AA+ Aaa 01/19/23 01/23/23 741,062.75 3.94 10,550.76 752,815.73 750,638.65
TOYOTA MOTOR CREDIT CORP
DTD 01/12/2023 4.625% 01/12/2028
89236TKQ7 375,000.00 A+ A1 02/08/23 02/10/23 376,282.50 4.55 2,360.68 375,876.47 378,965.63
NATIONAL RURAL UTIL COOP (CALLABLE)
DTD 02/07/2018 3.400% 02/07/2028
637432NP6 350,000.00 A- A1 02/17/23 02/22/23 329,189.00 4.76 793.33 335,589.69 339,860.15
Managed Account Detail of Securities Held For the Month Ending August 31, 2024
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Corporate Note
TEXAS INSTRUMENTS INC (CALLABLE)
DTD 11/18/2022 4.600% 02/15/2028
882508BV5 85,000.00 A+ Aa3 05/11/23 05/18/23 87,043.40 4.04 173.78 86,479.24 86,241.26
BRISTOL-MYERS SQUIBB CO (CALLABLE)
DTD 07/15/2020 3.900% 02/20/2028
110122DE5 375,000.00 A A2 03/09/23 03/13/23 358,263.75 4.93 446.88 363,236.59 370,318.12
LOCKHEED MARTIN CORP (CALLABLE)
DTD 05/25/2023 4.450% 05/15/2028
539830BZ1 60,000.00 A- A2 05/23/23 05/25/23 59,892.00 4.49 786.17 59,919.51 60,561.84
JOHN DEERE CAPITAL CORP
DTD 07/14/2023 4.950% 07/14/2028
24422EXB0 375,000.00 A A1 07/21/23 07/25/23 377,865.00 4.78 2,423.44 377,230.82 384,679.88
CITIBANK NA (CALLABLE)
DTD 09/29/2023 5.803% 09/29/2028
17325FBB3 750,000.00 A+ Aa3 10/02/23 10/04/23 746,280.00 5.92 18,376.17 746,881.14 787,065.75
AIR PRODUCTS & CHEMICALS (CALLABLE)
DTD 02/08/2024 4.600% 02/08/2029
009158BH8 340,000.00 A A2 02/06/24 02/08/24 339,547.80 4.63 999.22 339,593.87 345,727.30
CISCO SYSTEMS INC (CALLABLE)
DTD 02/26/2024 4.850% 02/26/2029
17275RBR2 420,000.00 AA- A1 02/21/24 02/26/24 419,853.00 4.86 282.92 419,867.69 431,472.72
BLACKROCK FUNDING INC (CALLABLE)
DTD 03/14/2024 4.700% 03/14/2029
09290DAA9 50,000.00 AA- Aa3 03/05/24 03/14/24 49,909.50 4.74 1,090.14 49,917.21 51,091.60
BLACKROCK FUNDING INC (CALLABLE)
DTD 03/14/2024 4.700% 03/14/2029
09290DAA9 725,000.00 AA- Aa3 03/06/24 03/14/24 725,355.25 4.69 15,807.01 725,328.33 740,828.20
ADOBE INC (CALLABLE)
DTD 04/04/2024 4.800% 04/04/2029
00724PAF6 170,000.00 A+ A1 04/02/24 04/04/24 169,775.60 4.83 3,332.00 169,792.24 174,270.06
ADOBE INC (CALLABLE)
DTD 04/04/2024 4.800% 04/04/2029
00724PAF6 205,000.00 A+ A1 04/01/24 04/04/24 204,694.55 4.83 4,018.00 204,716.93 210,149.19
HOME DEPOT INC (CALLABLE)
DTD 06/25/2024 4.750% 06/25/2029
437076DC3 125,000.00 A A2 06/17/24 06/25/24 124,193.75 4.90 1,088.54 124,220.21 127,764.62
HOME DEPOT INC (CALLABLE)
DTD 06/25/2024 4.750% 06/25/2029
437076DC3 250,000.00 A A2 06/18/24 06/25/24 248,627.50 4.88 2,177.08 248,673.09 255,529.25 Security Type Sub-Total 11,950,000.00 11,887,402.00 3.67 107,175.37 11,861,438.44 11,859,288.50
Managed Account Detail of Securities Held For the Month Ending August 31, 2024
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Certificate of Deposit
TORONTO DOMINION BANK NY
DTD 10/31/2022 5.600% 10/27/2025
89115B6K1 450,000.00 A A1 10/27/22 10/31/22 450,000.00 5.60 21,840.00 450,000.00 456,185.25
NORDEA BANK ABP NEW YORK
DTD 11/03/2022 5.530% 11/03/2025
65558UYF3 450,000.00 AA- Aa3 11/02/22 11/03/22 450,000.00 5.53 8,156.75 450,000.00 455,888.25 Security Type Sub-Total 900,000.00 900,000.00 5.57 29,996.75 900,000.00 912,073.50 Bank Note
MORGAN STANLEY BANK NA (CALLABLE)
DTD 07/19/2024 4.968% 07/14/2028
61690U8E3 525,000.00 A+ Aa3 07/18/24 07/19/24 525,525.00 4.94 3,042.90 525,506.78 531,513.68 Security Type Sub-Total 525,000.00 525,525.00 4.94 3,042.90 525,506.78 531,513.68 Asset-Backed Security
NAROT 2021-A A3
DTD 06/23/2021 0.330% 10/15/2025
65480BAC1 33,319.17 AAA Aaa 06/15/21 06/23/21 33,318.60 0.33 4.89 33,319.02 33,121.62 TAOT 2021-B A3
DTD 06/14/2021 0.260% 11/17/2025
89190GAC1 30,353.73 AAA NR 06/08/21 06/14/21 30,350.46 0.26 3.51 30,352.83 30,176.64 HAROT 2021-4 A3
DTD 11/24/2021 0.880% 01/21/2026
43815GAC3 31,345.58 NR Aaa 11/16/21 11/24/21 31,338.98 0.89 7.66 31,343.38 30,840.92 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
14314QAC8 10,847.88 AAA NR 04/13/21 04/21/21 10,845.54 0.52 2.51 10,847.17 10,781.57 HART 2021-C A3
DTD 11/17/2021 0.740% 05/15/2026
44935FAD6 22,649.98 AAA NR 11/09/21 11/17/21 22,644.92 0.75 7.45 22,648.06 22,378.00 DCENT 2021-A1 A1
DTD 09/27/2021 0.580% 09/15/2026
254683CP8 195,000.00 AAA Aaa 09/20/21 09/27/21 194,958.25 0.58 50.27 194,982.86 194,598.89 GMCAR 2021-4 A3
DTD 10/21/2021 0.680% 09/16/2026
362554AC1 31,069.87 AAA Aaa 10/13/21 10/21/21 31,069.08 0.68 8.80 31,069.54 30,501.57 CARMX 2022-3 A3
DTD 07/20/2022 3.970% 04/15/2027
14318MAD1 170,884.43 AAA NR 07/12/22 07/20/22 170,880.39 3.97 301.52 170,882.19 169,632.19
Managed Account Detail of Securities Held For the Month Ending August 31, 2024
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Asset-Backed Security
NAROT 2022-B A3
DTD 09/28/2022 4.460% 05/17/2027
65480JAC4 136,469.43 AAA Aaa 09/20/22 09/28/22 136,441.19 4.46 270.51 136,452.91 135,911.40 GMCAR 2022-4 A3
DTD 10/12/2022 4.820% 08/16/2027
36265QAD8 271,502.27 AAA NR 10/04/22 10/12/22 271,457.77 4.82 545.27 271,475.10 271,172.94 TAOT 2023-A A3
DTD 01/30/2023 4.630% 09/15/2027
891940AC2 245,000.00 AAA NR 01/24/23 01/30/23 244,999.88 4.63 504.16 244,999.92 244,626.38 COMET 2022-A3 A
DTD 11/03/2022 4.950% 10/15/2027
14041NGB1 245,000.00 AAA NR 10/27/22 11/03/22 244,961.56 4.95 539.00 244,975.75 245,597.31 HDMOT 2023-A A3
DTD 02/23/2023 5.050% 12/15/2027
41285JAD0 170,000.00 NR Aaa 02/13/23 02/23/23 169,982.88 5.05 381.56 169,988.30 170,231.20 FORDO 2023-A A3
DTD 03/31/2023 4.650% 02/15/2028
344928AD8 130,000.00 AAA NR 03/28/23 03/31/23 129,986.44 4.65 268.67 129,990.38 129,856.35 HAROT 2023-3 A3
DTD 08/22/2023 5.410% 02/18/2028
43815QAC1 320,000.00 AAA NR 08/15/23 08/22/23 319,934.02 5.42 625.16 319,949.09 322,974.40 DCENT 2023-A1 A
DTD 04/11/2023 4.310% 03/15/2028
254683CY9 320,000.00 NR Aaa 04/04/23 04/11/23 319,981.44 4.31 612.98 319,986.67 318,898.88 BACCT 2023-A1 A1
DTD 06/16/2023 4.790% 05/15/2028
05522RDG0 170,000.00 AAA NR 06/08/23 06/16/23 169,961.51 4.79 361.91 169,970.97 170,993.65 AMXCA 2023-1 A
DTD 06/14/2023 4.870% 05/15/2028
02582JJZ4 190,000.00 AAA NR 06/07/23 06/14/23 189,983.15 4.87 411.24 189,987.31 191,253.62 COMET 2023-A1 A
DTD 05/24/2023 4.420% 05/15/2028
14041NGD7 490,000.00 AAA NR 05/17/23 05/24/23 489,887.64 4.45 962.58 489,916.31 489,779.50 DCENT 2023-A2 A
DTD 06/28/2023 4.930% 06/15/2028
254683CZ6 350,000.00 AAA Aaa 06/21/23 06/28/23 349,952.72 4.93 766.89 349,963.91 353,020.15 HAROT 2023-4 A3
DTD 11/08/2023 5.670% 06/21/2028
438123AC5 85,000.00 NR Aaa 11/01/23 11/08/23 84,985.03 5.67 133.88 84,987.52 86,638.89 FITAT 2023-1 A3
DTD 08/23/2023 5.530% 08/15/2028
31680EAD3 350,000.00 AAA Aaa 08/15/23 08/23/23 349,978.30 5.53 860.22 349,982.76 353,732.75
Managed Account Detail of Securities Held For the Month Ending August 31, 2024
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Asset-Backed Security
CHAIT 2023-A1 A
DTD 09/15/2023 5.160% 09/15/2028
161571HT4 405,000.00 AAA NR 09/07/23 09/15/23 404,887.73 5.17 928.80 404,907.17 411,766.34 AMXCA 2023-3 A
DTD 09/19/2023 5.230% 09/15/2028
02582JKD1 410,000.00 AAA NR 09/12/23 09/19/23 409,981.67 5.24 953.02 409,788.51 417,728.91 BACCT 2023-A2 A2
DTD 12/14/2023 4.980% 11/15/2028
05522RDH8 180,000.00 NR Aaa 12/07/23 12/14/23 179,975.83 4.98 398.40 179,979.55 182,698.56 AMXCA 2024-1 A
DTD 04/23/2024 5.230% 04/16/2029
02582JKH2 495,000.00 AAA NR 04/16/24 04/23/24 494,898.53 5.23 1,150.60 494,898.53 506,813.18 Security Type Sub-Total 5,488,442.34 5,487,643.51 4.66 11,061.46 5,487,645.71 5,525,725.81 Managed Account Sub-Total 54,299,125.17 52,862,673.43 3.80 289,828.19 53,164,866.88 53,416,755.81 Joint Powers Authority
CAMP Pool 146,611.50 AAAm NR 146,611.50 0.00 146,611.50 146,611.50 Liquid Sub-Total 146,611.50 146,611.50 0.00 146,611.50 146,611.50 $54,445,736.67 $53,009,284.93 3.83% $289,828.19 $53,311,478.38 $53,563,367.31 $53,853,195.50
$289,828.19
Total Investments
Accrued Interest
Securities Sub-Total
Managed Account Fair Market Value & Analytics For the Month Ending August 31, 2024
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
U.S. Treasury Bond / Note
US TREASURY N/B 912828ZW3 50,000.00 GoldmanS 96.61 48,304.30 (726.95) (1,506.58) DTD 06/30/2020 0.250% 06/30/2025
0.81 5.10
US TREASURY N/B 912828U24 8,000,000.00 JPMorgan 96.04 7,683,128.00 169,378.00 (36,878.26) DTD 11/15/2016 2.000% 11/15/2026
2.11 3.89
US TREASURY N/B 91282CEN7 1,200,000.00 BNPPSA 97.30 1,167,562.80 12,140.92 (4,457.01) DTD 05/02/2022 2.750% 04/30/2027
2.50 3.83
US TREASURY N/B 91282CFB2 375,000.00 MorganSt 97.09 364,101.75 1,772.65 (2,197.24) DTD 08/01/2022 2.750% 07/31/2027
2.75 3.81
US TREASURY N/B 91282CFB2 400,000.00 BMO 97.09 388,375.20 15,109.58 6,048.49 DTD 08/01/2022 2.750% 07/31/2027
2.75 3.81
US TREASURY N/B 91282CFB2 600,000.00 Citigrou 97.09 582,562.80 16,922.17 7,158.09 DTD 08/01/2022 2.750% 07/31/2027
2.75 3.81
US TREASURY N/B 91282CFB2 825,000.00 HSBC 97.09 801,023.85 14,244.55 2,823.72 DTD 08/01/2022 2.750% 07/31/2027
2.75 3.81
US TREASURY N/B 91282CFZ9 1,175,000.00 Citigrou 100.25 1,177,983.33 7,481.38 6,723.81 DTD 11/30/2022 3.875% 11/30/2027
2.99 3.79
US TREASURY N/B 91282CFZ9 1,200,000.00 HSBC 100.25 1,203,046.80 18,937.42 15,979.76 DTD 11/30/2022 3.875% 11/30/2027
2.99 3.79
US TREASURY N/B 91282CGP0 400,000.00 JPMorgan 100.73 402,922.00 9,281.37 8,616.43 DTD 02/28/2023 4.000% 02/29/2028
3.23 3.78
US TREASURY N/B 91282CGP0 600,000.00 Citigrou 100.73 604,383.00 1,875.19 2,226.69 DTD 02/28/2023 4.000% 02/29/2028
3.23 3.78
US TREASURY N/B 91282CGP0 1,350,000.00 Citigrou 100.73 1,359,861.75 24,574.64 22,764.60 DTD 02/28/2023 4.000% 02/29/2028
3.23 3.78
US TREASURY N/B 91282CGP0 2,450,000.00 HSBC 100.73 2,467,897.25 84,506.62 79,375.39 DTD 02/28/2023 4.000% 02/29/2028
3.23 3.78
US TREASURY N/B 91282CCH2 225,000.00 BMO 91.08 204,934.50 6,292.90 5,298.08 DTD 06/30/2021 1.250% 06/30/2028
3.66 3.77
US TREASURY N/B 91282CCH2 1,300,000.00 BMO 91.08 1,184,066.00 10,105.06 7,895.92 DTD 06/30/2021 1.250% 06/30/2028
3.66 3.77
US TREASURY N/B 91282CCH2 2,900,000.00 BMO 91.08 2,641,378.00 76,124.09 59,103.40 DTD 06/30/2021 1.250% 06/30/2028
3.66 3.77
Security Type Sub-Total 23,050,000.00 22,281,531.33 468,019.59 178,975.29 2.80 3.83
Managed Account Fair Market Value & Analytics For the Month Ending August 31, 2024
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Municipal Bond / Note
NY ST URBAN DEV-F-1 650036DT0 325,000.00 WellsFar 97.86 318,033.30 (6,966.70) (6,966.70) DTD 12/23/2020 0.870% 03/15/2025
0.52 4.95
UNIV OF CALIFORNIA-BG (CALLABLE) 91412HGE7 85,000.00 JPMorgan 04/15/25 97.32 82,719.03 (2,280.97) (2,280.97) DTD 07/16/2020 0.883% 05/15/2025
0.68 4.80
FLORIDA ST BRD OF ADM 341271AD6 65,000.00 BOFAML 97.16 63,154.98 (2,304.57) (1,924.94) DTD 09/16/2020 1.258% 07/01/2025
0.81 4.77
FLORIDA ST BRD OF ADM 341271AD6 85,000.00 BOFAML 97.16 82,587.28 (2,976.27) (2,510.73) DTD 09/16/2020 1.258% 07/01/2025
0.81 4.77
FLORIDA ST BRD OF ADM 341271AD6 160,000.00 BOFAML 97.16 155,458.40 (4,541.60) (4,541.60) DTD 09/16/2020 1.258% 07/01/2025
0.81 4.77
MINNESOTA ST-F-UNREF 60412AK85 100,000.00 XCHANGE 96.62 96,622.80 2,123.80 746.32 DTD 08/25/2020 0.630% 08/01/2025
0.89 4.43
SAN JUAN CA UNIF SCH 798306WP7 130,000.00 KEYB 96.53 125,488.22 (4,511.78) (4,511.78) DTD 10/29/2020 0.852% 08/01/2025
0.89 4.77
CALIFORNIA ST UNIV-B 13077DQD7 85,000.00 JPMorgan 95.90 81,516.53 (3,483.47) (3,483.47) DTD 07/29/2021 0.862% 11/01/2025
1.13 4.51
CA ST 13063D3N6 200,000.00 WellsFar 101.31 202,622.00 2,622.00 2,622.00 DTD 03/15/2023 4.846% 03/01/2027
2.32 4.29
Security Type Sub-Total 1,235,000.00 1,208,202.54 (22,319.56) (22,851.87) 1.02 4.69 Federal Agency Commercial Mortgage-Backed Security
FHMS K043 A2 3137BGK24 240,068.14 Citigrou 99.21 238,180.01 (13,779.01) (2,680.86) DTD 03/01/2015 3.062% 12/01/2024
0.26 5.37
FHMS K054 A2 3137BNGT5 275,000.00 RobertBa 97.66 268,557.85 4,944.57 (708.98) DTD 04/01/2016 2.745% 01/01/2026
1.23 4.54
FHMS K058 A2 3137BSP72 550,000.00 BREAN 96.87 532,797.65 5,957.81 (3,569.74) DTD 11/01/2016 2.653% 08/01/2026
1.85 4.28
FHMS K061 A2 FLOATING 3137BTUM1 373,510.70 Citigrou 97.95 365,843.65 3,830.07 (336.61) DTD 01/01/2017 3.347% 11/01/2026
2.00 4.29
FHMS K064 A2 3137BXQY1 550,000.00 MorganSt 97.66 537,111.30 18,306.61 9,335.25 DTD 05/01/2017 3.224% 03/01/2027
2.27 4.19
FHMS K065 A2 3137F1G44 550,000.00 Citigrou 97.59 536,767.00 9,733.80 2,507.18 DTD 07/01/2017 3.243% 04/01/2027
2.41 4.18
Managed Account Fair Market Value & Analytics For the Month Ending August 31, 2024
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Federal Agency Commercial Mortgage-Backed Security
FHMS KJ48 A1 3137HBC69 395,375.40 JPMorgan 101.66 401,934.68 6,562.45 6,560.63 DTD 12/01/2023 4.858% 05/01/2028
3.01 4.25
FHMS KJ46 A1 3137HAD45 436,728.59 JPMorgan 101.03 441,229.95 4,512.25 4,509.82 DTD 07/01/2023 4.777% 06/01/2028
2.56 4.30
FHMS K505 A2 3137HACX2 550,000.00 JPMorgan 101.88 560,313.60 4,820.20 6,061.24 DTD 07/01/2023 4.819% 06/01/2028
3.34 4.21
FNA 2023-M6 A2 FLOATING 3136BQDE6 550,000.00 JPMorgan 99.60 547,824.75 7,148.97 5,121.97 DTD 07/01/2023 4.190% 07/01/2028
3.49 4.26
FHMS K508 A2 FLOATING 3137HAQ74 500,000.00 BMO 101.62 508,112.50 19,080.50 17,144.20 DTD 10/01/2023 4.740% 08/01/2028
3.50 4.24
FHMS K506 A2 FLOATING 3137HAMH6 800,000.00 WellsFar 101.32 810,585.60 22,420.00 20,343.79 DTD 09/01/2023 4.650% 08/01/2028
3.48 4.23
FHMS K509 A2 3137HAST4 375,000.00 MorganSt 102.26 383,470.13 20,426.25 18,775.36 DTD 10/01/2023 4.850% 09/01/2028
3.57 4.18
FHMS K507 A2 FLOATING 3137HAMS2 500,000.00 BOFAML 101.90 509,482.00 15,458.50 14,440.45 DTD 09/01/2023 4.800% 09/01/2028
3.53 4.23
FHMS K510 A2 FLOATING 3137HB3D4 180,000.00 JPMorgan 102.94 185,289.12 5,809.50 5,735.91 DTD 11/01/2023 5.069% 10/01/2028
3.60 4.22
FHMS K511 A2 3137HB3G7 275,000.00 BOFAML 102.09 280,751.08 6,541.15 6,434.54 DTD 12/01/2023 4.860% 10/01/2028
3.64 4.25
FHMS K514 A2 3137HBLV4 290,000.00 JPMorgan 101.08 293,120.11 220.40 523.06 DTD 02/01/2024 4.572% 12/01/2028
3.73 4.25
FHMS K524 A2 FLOATING 3137HDV56 440,000.00 PIER 101.89 448,318.64 5,616.60 5,623.91 DTD 07/01/2024 4.720% 05/01/2029
4.13 4.24
FHMS K522 A2 3137HDJJ0 550,000.00 MorganSt 102.16 561,872.85 11,874.50 11,872.85 DTD 06/01/2024 4.803% 05/01/2029
4.03 4.24
FHMS K526 A2 FLOATING 3137HDXL9 495,000.00 BMO 101.45 502,155.23 2,525.00 2,568.03 DTD 08/01/2024 4.543% 07/01/2029
4.29 4.18
Security Type Sub-Total 8,875,682.83 8,913,717.70 162,010.12 130,262.00 3.09 4.27 Federal Agency Bond / Note
FREDDIE MAC 3137EAEU9 425,000.00 WellsFar 96.47 410,006.00 (12,877.50) (14,617.31) DTD 07/23/2020 0.375% 07/21/2025
0.87 4.45