4.2 Department Contact for City . The Department Contact (or other person designated by the City Manager) shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Consultant ’s responsibility to assure that the Department Contact is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.
4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, are to be made (unless otherwise specified) either by the Contract Manager, City Manager or by their delegate as provided for in writing.
4.4 Independent Co ntractor. Neither City , nor any of its officers, employees or agents, shall have any control over the manner or means by which Consultant , or its officers, employees, agents or subcontractors , perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Consultant’s exclusive control and direction.
No City employee benefits shall be available to Consultant, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement.
City shall not be liable for compensation or indemnification to Consultant , its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder. In the event that Consultant or any officer, 361
employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System, to be classified as other than an independent contractor for City, then Consultant shall indemnify, defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Consultant , or any officer, employee, agent, or subcontractor Consultant used to provide services under this Agreement, is/are employees of City.
4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Consultant shall not contract with any other City to perform in whole or in part services required hereunder without express written approval of City, and n either this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Consultant’s indemnification obligation to City, Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts set forth in the “Insurance Requirements” attached hereto as Exhibit E and incorporated herein by this reference.
5.2 Indemnification.
(a) General Obligations. Consultant agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “Indemnitee ” and collectively, “Indemnitees ”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “ Claims or Liabilities ”) that may be asserted or claimed by any person, firm or City arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or City for which Consultant is legally liable (each an “Indemnitor” and collectively, “ Indemnitors”), or arising from Indemnitors’ reckless or willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: 1) Consultant will defend any action or actions filed or threatened in connection with any such Claims or Liabilitie s, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including 362
legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Consultant will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.
(b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive termination of this Agreement. Consultant shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Consultant fails to do so Consultant shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively “City” for solely this Section 5. 2(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful misconduct, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or will ful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence or willful misconduct of City, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. (c) Pursuant to the full language of California Civil Code §2782, Design Professionals agrees to indemnify, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and its empl oyees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any passive negligence of the City unless caused at least in part by the Design Professional. The City agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.
5.3 Professional Liability. When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Indemnitees against, and will hold and save them and each of them harmless from , whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in this Section
5.3, to the extent same are caused in whole or in part by any negligent or wrongful 363
act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services under this Agreement.
ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (“books and records ”) as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily accessible. City shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained for a period of three (3) years following completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing access to any and all Consultant records and documents if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“documents and materials ”) prepared by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership, use, reuse, or assignment of the documents and materials hereunder. Consultant may retain copies of such documents and materials for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Consultant documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.
6.3 Confidentiality and Release of Information. All information gained or work product produced by Consultant in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City . Consultant, its officers, employees, agents or subcontractors, shall not, without prior wri tten authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other 364
information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant immediately gives City notice of such court order or subpoena. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. As concerning, r egarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant , however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.
7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section
7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days’ notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined b y City. Upon receipt of any notice of termination or suspension, Consultant shall immediately cease all services hereunder , unless the notice provides otherwise, or except such as specifically approved by City . Upon submittal of an invoice consistent with Section 2. 2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such a s may be approved by City, except as provided in Section 7.5. In eve nt of termination , or suspension, 365
without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.
7.3 Default of Consultant and Opportunity to Cure. In the event that Consultant is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively ten (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices , without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default by conclusion of noticed timeframe , City may immediately both terminate this Agreement with notice to Consultant as well as pursue the remedy in Section 7.4, without prejudice to any other rem edy to which City may be entitled at law, in equity or under this Agreement . Any failure on the part of City to give notice of Consultant ’s default shall not be deemed to result in a waiver of City ’s legal rights or any rights arising out of any provision of this Agreement.
7.4 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such dama ges), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City therefor.
7.5 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or va lidity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to c over such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.
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7.6 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non- compliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.8 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code s ections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys ’ fees. Attorneys’ fees shall include attorneys ’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, consultants ’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such 367
litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Consultant written notice describing the conflict. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, r eligion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the Uni ted States Mail, certified mail, postage prepaid, return receipt requested, in the case of 368
City addressed to City Clerk at City of Murrieta, 1 Town Square, Murrieta California 92562, and in the case of Consultant, to the person(s) at the address designated on the cover page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy- two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement , headings used, or any other rule of construction which might otherwise apply.
9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the P arties as to the Agreement . It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties , concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City.
9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 No Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the awar d of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.
9.7 Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party , 369
(iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
9.8 Federal Funding. If federal funding is being utilized to fund any part of the Project, as indicated on the Cover Page of this Agreement, the terms of Exhibit F are hereby incorporated herein by this reference. If no federal funding is being utilized, Exhibit F may be omitted.
[SIGNATURES ON FOLLOWING PAGE]
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01375.0001/962082.2 -15-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF MURRIETA , a California municipal
corporation
By:
Choose an item.
ATTEST: Effective Date:
Cristal McDonald, City Clerk
Date:
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Tiffany Israel, City Attorney
Date:
CONSULTANT:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chair person of the Board,
President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any
Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or
regulations applicable to Consultant’s business City.
By:
Name: Click or tap here to enter text.
Title: Click or tap here to enter text.
Date:
By:
Name:Click or tap here to enter text.
Title:Click or tap here to enter text.
Date:
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01375.0001/962082.2
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
a. See Exhibit A-1.
II. In addition to any other requirements of this Agreement, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
Click or tap here to enter text.
III. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
IV. Consultant will utilize the following personnel to accomplish the Services:
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S A N D I E G O • L O S A N G E L E S • O A K L A N D 170 Eucalyptus Ave., Suite 200, Vista, CA 92084 714.541.4585 rsgsolutions.com May 22, 2024 Via Electronic Mail
Javier Carcamo, Finance Director
CITY OF MURRIETA
1 Town Square
Murrieta, CA 92562
PROPOSAL FOR SUCCESSOR AGENCY ADMINISTRATIVE CONSULTING SERVICES Dear Mr. Carcamo:
RSG, Inc. (“RSG”) is pleased to present this proposed scope of work and budget to provide the Successor Agency to the Redevelopment Agency of the City of Murrieta (“Successor Agency”) administrative consulting services for fiscal year 2024-25 and 2025 -26. Our role would be to continue providing technical, management, and administrative services to enable staff to wind down the affairs of the former redevelopment agency, meet ongoing reporting requirements, conduct financial and strategic planning, and provide other services as directed by staff.
RSG worked with the Successor Agency on the bond refinancing and recently completed a multi- year cash balance reconciliation . RSG has also been working with the City’s Housing Authority since 2014. We welcome the opportunity to further assist the Successor Agency.
SCOPE OF SERVICES
The proposed Scope of Services is based upon our experience with the Successor Agency and upcoming tasks that we have identified. RSG is happy to discuss modifications to the scope as needed to satisfy the City’s needs. RSG has identified the following tasks:
Task 1: Budget and Cash Flow Work
RSG will maintain a working cash flow model for the Successor Agency to anticipate any future budget shortfalls. In addition, RSG will compare actual revenues and expenditures to estimated revenues and expenditures and assist the Successor Agency in working to close any budget gaps by employing a variety of methods.
Task 2: Complete Annual ROPS and Prior Period Adjustments The Successor Agency must submit a Recognized Obligation Payment Schedule (“ROPS”) to the Oversight Board and DOF annually. RSG will assist the Successor Agency in co mpleting the 2025-26 and 2026-27 ROPS that will be addressed during the respective 2024-25 and 2025-26 fiscal year. Should an issue arise during the Department of Finance’s review of the ROPS, RSG would assist the Successor Agency in drafting a Meet and Confer request and is available to attend the meeting. The Successor Agency is allowed to amend the ROPS once during the period.
RSG can assist the Successor Agency if this need arises.
Exhibit A- 1
373
Javier Carcamo, Finance Director
CITY OF MURRIETA
May 22, 2024
RSG will also c oordinate with staff to provide the County Auditor -Controller and the DOF the required itemized list of differences between actual payments and past estimated obligations for prior ROPS period (“Prior Period Adjustment”).
Task 3: Help the Successor Agency Navigate New Legislation RSG excels at analyzing legislation and quickly identifying the fiscal and procedural implications for local agencies. With long -term involvement in the League of California Cities, the California Association for Local Economic Development, the California Association of Local Agency Formation Commissions, and the former California Redevelopment Association, RSG has developed expertise in helping our clients navigate complex legislation. RSG staff keeps track of legislative developments and their legal interpretations as they occur, ensuring that staff members understand new legislation and can guide the City of Murrieta through the complicated legal framework of Redevelopment dissolution. We can meet with the Successor Agency to review the ramifications of proposed or enacted changes and explain the immediate and future impacts to the Successor Agency and affected taxing agencies.
Task 4: Attend Meetings as Necessary
RSG will make a staff member available to the Successor Agency should they need assistance at any Successor Agency or Oversight Board meetings.
Task 5: Additional Administrative Services as Needed
RSG will assist the Successor Agency with any additional administrative tasks as they arise.
TIMELINE
RSG will begin this portion of its contract with the Successor Agency July 1, 20 24 and will conclude June 30, 2026, with the option to renew for an additional two (2) years if needed.
PROJECT TEAM
Ms. Tara Matthews will be the principal -in-charge of this engagement. Alex Lawrence , Senior Associate, will be the Project Manager and will be assisted by additional staff as needed.
FEE PROPOSAL
We will provide services on a time -and-materials basis, with a not to excee d amount of $30,000 ($15,000 for each year for the next two fiscal years). RSG does not charge clients for mileage (except direct costs related to field surveys), parking, standard telephone/fax expenses, general postage or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge.
RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance.
Invoices identify tasks completed to date, hours expended, and the hourly rate. 374
01375.0001/962082.2 145610
EXHIBIT "B"
S
PECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
C
lick or tap here to enter text.
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01375.0001/962082.2 145610
EXHIBIT “C”
S
CHEDULE OF COMPENSATION
I.
City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
II. The total compensation for all Services shall not exceed the Contract Sum as provided in the Cover Page of this Agreement.
III. Consultant’s billing rates for any hourly Services are attached as Exhibit C -1. In connection with the services provided pursuant to the terms of this Agreement, City will pay Consultant upon City’s receipt of a written invoice provided by Consultant no more than monthly. City will pay Consultant for work completed, billed in increments of six minutes (0.1 hours), not to exceed the Contract Sum. The City will reimburse the Consultant for reasonable out -of-pocket expenses related to performing services on behalf of the Client that are approved in advance in writing by the City such as mileage, copies, binding costs, postage, parking, travel, and lodging expenses as part of the not to exceed Contract Sum. To receive reimbursements, the Consultant must provide the City with a receipt and a description of the expense incurred along with the invoice.
No mark up on expenses may be added.
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Javier Carcamo, Finance Director
CITY OF MURRIETA
May 22, 2024
Hourly Billing Rates & Fee Schedule
Principal / Director $ 275
Senior Associate $ 200
Associate $ 185
Senior Analyst $ 150
Analyst $ 135
Research Assistant $ 125
Technician $ 100
Clerical $ 60
Reimbursable Expenses Cost plus 10%
We appreciate the opportunity to submit our proposal to the City and Successor Agency, and look forward to working with you again. If you have any questions, please do not hesitate to contact me at (714) 316-2111.
Sincerely,
RSG, Inc.
Tara Matthews,
Principal
Exhibit C-1
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform Services as set forth in Exhibit A.
II. Consultant shall deliver the following tangible work products to the City by the following dates.
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III. The Department Contact may approve extensions for performance of the Services in accordance with Section 3.2.
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EXHIBIT E
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
5. Cyber: Vendor/Consultant shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.
Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be 379
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limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
6. Technology Professional Liability Errors & Omissions (Only if vendor is providing a technology service (data storage, website designers, etc.,) or product (software providers)
Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Vendor in this agreement and shall inc lude, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the Vendor.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Consultant ’s insurance coverage shall be primary and non- contributory and at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance 380
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and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
Umbrella or Excess Policy
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non- contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the C onsultant’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City . The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subje ct to a self -insured retention (SIR) or deductible that exceeds $25,000 [fill in the amount for your comfort level for the specific Consultant and job – it could be much higher, or in the case of a very small Consultant , you might want it lower] unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of Consultant or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts other wise due Consultant to fund the SIR/deductible. Policies shall NOT contain any self -insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. 381
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Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant ’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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EXHIBIT F
FEDERAL REQUIREMENTS
(Only applicable if required on cover page of agreement) 383
S A N D I E G O • L O S A N G E L E S • O A K L A N D 170 Eucalyptus Ave., Suite 200, Vista, CA 92084 714.541.4585 rsgsolutions.com
May 22, 2024 Via Electronic Mail
Javier Carcamo, Finance Director
CITY OF MURRIETA
1 Town Square
Murrieta, CA 92562
PROPOSAL FOR SUCCESSOR AGENCY ADMINISTRATIVE CONSULTING SERVICES
Dear Mr. Carcamo:
RSG, Inc. (“RSG”) is pleased to present this proposed scope of work and budget to provide the Successor Agency to the Redevelopment Agency of the City of Murrieta (“Successor Agency”) administrative consulting services for fiscal year 2024-25 and 2025 -26. Our role would be to continue providing technical, management, and administrative services to enable staff to wind down the affairs of the former redevelopment agency, meet ongoing reporting requirements, conduct financial and strategic planning, and provide other services as directed by staff.
RSG worked with the Successor Agency on the bond refinancing and recently completed a multi- year cash balance reconciliation . RSG has also been working with the City’s Housing Authority since 2014. We welcome the opportunity to further assist the Successor Agency.
SCOPE OF SERVICES
The proposed Scope of Services is based upon our experience with the Successor Agency and upcoming tasks that we have identified. RSG is happy to discuss modifications to the scope as needed to satisfy the City’s needs. RSG has identified the following tasks:
Task 1: Budget and Cash Flow Work
RSG will maintain a working cash flow model for the Successor Agency to anticipate any future budget shortfalls. In addition, RSG will compare actual revenues and expenditures to estimated revenues and expenditures and assist the Successor Agency in working to close any budget gaps by employing a variety of methods.
Task 2: Complete Annual ROPS and Prior Period Adjustments The Successor Agency must submit a Recognized Obligation Payment Schedule (“ROPS”) to the Oversight Board and DOF annually. RSG will assist the Successor Agency in co mpleting the 2025-26 and 2026-27 ROPS that will be addressed during the respective 2024-25 and 2025-26 fiscal year. Should an issue arise during the Department of Finance’s review of the ROPS, RSG would assist the Successor Agency in drafting a Meet and Confer request and is available to attend the meeting. The Successor Agency is allowed to amend the ROPS once during the period.
RSG can assist the Successor Agency if this need arises.
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Javier Carcamo, Finance Director
CITY OF MURRIETA
May 22, 2024
RSG will also c oordinate with staff to provide the County Auditor -Controller and the DOF the required itemized list of differences between actual payments and past estimated obligations for prior ROPS period (“Prior Period Adjustment”).
Task 3: Help the Successor Agency Navigate New Legislation RSG excels at analyzing legislation and quickly identifying the fiscal and procedural implications for local agencies. With long -term involvement in the League of California Cities, the California Association for Local Economic Development, the California Association of Local Agency Formation Commissions, and the former California Redevelopment Association, RSG has developed expertise in helping our clients navigate complex legislation. RSG staff keeps track of legislative developments and their legal interpretations as they occur, ensuring that staff members understand new legislation and can guide the City of Murrieta through the complicated legal framework of Redevelopment dissolution. We can meet with the Successor Agency to review the ramifications of proposed or enacted changes and explain the immediate and future impacts to the Successor Agency and affected taxing agencies.
Task 4: Attend Meetings as Necessary
RSG will make a staff member available to the Successor Agency should they need assistance at any Successor Agency or Oversight Board meetings.
Task 5: Additional Administrative Services as Needed
RSG will assist the Successor Agency with any additional administrative tasks as they arise.
TIMELINE
RSG will begin this portion of its contract with the Successor Agency July 1, 20 24 and will conclude June 30, 2026, with the option to renew for an additional two (2) years if needed.
PROJECT TEAM
Ms. Tara Matthews will be the principal -in-charge of this engagement. Alex Lawrence , Senior Associate, will be the Project Manager and will be assisted by additional staff as needed.
FEE PROPOSAL
We will provide services on a time -and-materials basis, with a not to excee d amount of $30,000 ($15,000 for each year for the next two fiscal years). RSG does not charge clients for mileage (except direct costs related to field surveys), parking, standard telephone/fax expenses, general postage or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge.
RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance.
Invoices identify tasks completed to date, hours expended, and the hourly rate.
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Javier Carcamo, Finance Director
CITY OF MURRIETA
May 22, 2024
Hourly Billing Rates & Fee Schedule
Principal / Director $ 275
Senior Associate $ 200
Associate $ 185
Senior Analyst $ 150
Analyst $ 135
Research Assistant $ 125
Technician $ 100
Clerical $ 60
Reimbursable Expenses Cost plus 10%
We appreciate the opportunity to submit our proposal to the City and Successor Agency, and look forward to working with you again. If you have any questions, please do not hesitate to contact me at (714) 316-2111.
Sincerely,
RSG, Inc.
Tara Matthews,
Principal
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CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No. 12.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Javier Carcamo, Finance Director
PREPARED BY: Tanner Benson, Accountant
SUBJECT:
Fiscal Year 2024/25 Tax Rates for the Community Facilities Districts
RECOMMENDATION
Adopt the following Resolutions approving the Fiscal Year 2024/25 Tax Rates for the Community Facilities Districts:
Resolution No. 24-4749 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2000-1 (Greer Ranch) for Fiscal Year 2024/25;
Resolution No. 24-4750 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2000-2 (The Oaks) for Fiscal Year 2024/25;
Resolution No. 24-4751 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2001-1 (Bluestone Communities/Murrieta Highlands) for Fiscal Year 2024/25; Resolution No. 24-4752 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining And Levying The Special Tax In Community Facilities District No. 2003-1 (Murrieta Springs) For Fiscal Year 2024/25;
Resolution No. 24-4753 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax In Community Facilities District No. 2003-2 (Blackmore Ranch) for Fiscal Year 2024/25;
Resolution No. 24-4754 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2003-3 (Creekside Village) for Fiscal Year 2024/25;
Resolution No. 24-4755 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2003-4 (Bluestone Communities II/Mapleton) for Fiscal Year 2024/25;
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Resolution No. 24-4756 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2004-1 (Bremerton) for Fiscal Year 2024/25;
Resolution No. 24-4757 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2004-2 (Murrieta Fields) for Fiscal Year 2024/25;
Resolution No. 24-4758 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Taxes in Community Facilities District No. 2004-3 (Meadowlane/Amberwalk I & II) for Fiscal Year 2024/25;
Resolution No. 24-4759 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2005-1 (Springbrook) for Fiscal Year 2024/25;
Resolution No. 24-4760 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2005-5 IA A (Golden City) for Fiscal Year 2024/25; and
Resolution No. 24-4761 entitled: A Resolution of the City Council of the City of Murrieta, California, Determining and Levying the Special Tax in Community Facilities District No. 2005-5 IA B (Golden City) for Fiscal Year 2024/25.
PRIOR ACTION/VOTE
On June 20, 2023, the City Council adopted Resolution Nos. 23-4675 through 23-4687, determining and levying the Fiscal Year 2023/24 tax rates for the Community Facilities Districts. (Vote: 4-0-1)
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
From 2000 to 2005, the City of Murrieta (City) formed and issued bonds for eleven Community Facilities Districts (CFD) to provide funding for improvements related to the development of residential subdivisions.
Additionally, in Fiscal Year (FY) 2016/17, the City issued bonds for a twelfth district, formed in 2006, that had been dormant for ten years.
In 2012 and 2016, the City completed refunding all outstanding bonds for the eleven districts that previously issued bonds to take advantage of interest rates that were lower than when the districts were formed. On October 2, 2018, on behalf of the CFD, the City issued bonds for CFD 2005-5 Improvement Area B (Golden City) Special Tax Bonds Series 2018, an area contained within the twelfth district, for $11,505,000.
In June 2022, the City took advantage of historic low interest rates to refund five CFDs that were previously refunded (2012 Reassessment District). This refunding reduced the annual levy for the property owners within CITY OF MURRIETA Printed on 6/13/2024Page 2 of 4
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Agenda Item No. 12.
refunded (2012 Reassessment District). This refunding reduced the annual levy for the property owners within the five districts and changed the debt service schedule for one of the districts from annually increasing to a level debt service payment while maintaining the original pay-off dates for each district (2022 Local Agency Revenue Refunding).
Generally, bonds are issued for a period of thirty years, and the annual debt service payments and cost to administer the districts are the responsibility of the owners of property within each CFD. While the City facilitates the formation and administration of the districts, ultimately, the City has no financial responsibility for the repayment of the debt. The actual tax amount levied per property will vary per district and usually depends on the size of the home, the number of homes within the district, and the total cost of the facilities acquired by the bond proceeds.
The City contracts with Willdan Financial Services to administer the districts and determine the tax rates based on the Rate and Method of Apportionment of Special Taxes adopted for each district in its formation proceedings. The tax rate applied on the property tax bill may not exceed the rate approved by the qualified electors in each district and should generate enough revenue to cover debt service payments and administrative costs. As required by the County of Riverside, the City Council adopts resolutions each year to set the tax rates for each district and to approve the levy on the property tax bill.
The table below reflects the total and average levy change per parcel and by district for FY 2024/25.
The total levy for all twelve districts for FY 2024/25 is $9,335,040.15.
FISCAL IMPACT
The special tax revenue and offsetting debt service and administration expenditure budgets for these districts are included in the Fiscal Year 2024/25 Operating Budget.
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ATTACHMENTS
1. Resolution No. 24-4749 (Greer Ranch)
2. Resolution No. 24-4750 (The Oaks)
3. Resolution No. 24-4751 (Bluestone Communities/Murrieta Highlands)
4. Resolution No. 24-4752 (Murrieta Springs)
5. Resolution No. 24-4753 (Blackmore Ranch)
6. Resolution No. 24-4754 (Creekside Village)
7. Resolution No. 24-4755 (Bluestone Communities II/Mapleton)
8. Resolution No. 24-4756 (Bremerton)
9. Resolution No. 24-4757 (Murrieta Fields)
10. Resolution No. 24-4758 (Meadowlane/Amberwalk I & II)
11. Resolution No. 24-4759 (Springbrook)
12. Resolution No. 24-4760 IA A (Golden City)
13. Resolution No. 24-4761 IA B (Golden City)
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RESOLUTION NO. 24-4749
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA, DETERMINING AND LEVYING THE
SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2000 -1 (GREER RANCH) FOR FISCAL YEAR 2024/25
WHEREAS, the City Council (“City Council”) of the City of Murrieta (“City”) is the legislative body of Community Facilities District No. 2000 -1 (Greer Ranch) (“District”), which District was established pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, as amended, being Title 5, Division 2, Part 1, Chapter 2.5 of the Government Code of the State of California (“Act”); and
WHEREAS, on November 30, 1999, the City Council adopted a Resolution of Intention to establish the District, and provide for the special tax; and
WHEREAS, on April 18, 2000, the City Council enacted Ordinance No. 218 -00, in accordance with Section 53340 of the Act authorizing the levy of special taxes on the properties located within the District (“Ordinance”); and
WHEREAS, it is necessary a nd appropriate that the City Council levy and collect the special taxes for Fiscal Year 2024/25 by the adoption of a Resolution as specified by the Act and the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the preceding recitals are true and correct.
Section 2. That the City hereby determines to levy the special taxes in the District for Fiscal Year 2024/25, to each parcel therein.
Section 3. That the rate for each special tax does not exceed the amount previously authorized by Ordinance and is not in excess of that approved by the qualified electors of the District.
Section 4. That the proceeds of the special taxes shall be used to pay, in whole or in part, the approved costs for the subject fiscal year as provided in the District’s Fiscal Agent Agreement with fiscal agent for the bondholders (the “Fiscal Agent Agreement”):
A. The Administrative costs and other incidental expenses of the District;
B. The interest scheduled for collection on the outstanding bonded indebtedness related to the District;
C. The principal scheduled for collection on the outstanding bonds of the District;
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D. The sinking payments scheduled for collection on the outstanding bonds of the District;
E. Amounts, if any, needed to replenish the applicable Reserve Account of the Bond Fund to the level of the Reserve Requirement; and
F. Amounts, if any, required to bring the amount on deposit in the Rebate Fund to the required level.
Section 5. That the Auditor -Controller of the County of Riverside (“Auditor - Controller”) is hereby directed to apply the real property statement for each parcel in the District for the current fiscal year listing the special taxes due opposite each parcel of l and affected, in a line item designated “CFD Special Tax,” or any other suitable designation, in accordance with this Resolution.
Section 6. That all special taxes collected will be paid to the fiscal agent for deposit in the applicable Special Tax Fund upon receipt by the City from the Auditor-Controller pursuant to the terms of the Fiscal Agent Agreement.
Section 7. That the Auditor-Controller shall, at the close of the tax collection period, promptly render to the Director a detailed report showing the amounts of the special tax installments, penalties, interest, and fees collected, and from which properties were collected. Any expenses to be paid to the Auditor -Controller for carrying out the forgoing responsibilities shall be in accordance with a contract, if any, entered into between the District and Auditor-Controller, pursuant to Section 29304 of the Government Code of the State of California or as otherwise provided by law.
Section 8. That this R esolution shall take effect immediately upon its passage and adoption.
PASSED, AND ADOPTED this 18th day of June 2024.
__________________________
Lori Stone, Mayor
ATTEST:
____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany Israel, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 24-4749 was duly adopted at a regular meeting of the City Council on the 18th day of June 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT
__________________________
Cristal McDonald, City Clerk
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RESOLUTION NO. 24-4750
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA, DETERMINING AND LEVYING THE
SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2000 -2 (THE OAKS) FOR FISCAL YEAR 2024/25
WHEREAS, the City Council (“City Council”) of the City of Murrieta (“City”) is the legislative body of Community Facilities District No. 2000 -2 (The Oaks) Improvement Areas “A” and “B” (“District”), which District was established pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, as amended, being Title 5, Division 2, Part 1, Chapter 2.5 of the Government Code of the State of California (“Act”); and
WHEREAS, on November 21, 2000, the City Council adopted Resolution No. 00 -803, a Resolution of Formation establishing the District, and providing for the special tax; and
WHEREAS, on July 6, 2004, the City Council enacted Ordinance No. 305-04, revising the existing rate and method of apportionment in the District , annexing additional territory and authorizing the levy and collection of special taxes on the properties within Improvement Area “A” and Improvement Area “B” of the District, in accordance with Sections 53339 -53339.5 and 53340 of the Act (“Ordinance”); and
WHEREAS, it is necessary and appropriate that the City Council levy and collect the special taxes for Fiscal Year 2024/25 by the adoption of a Resolution as specified by the Act and the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the preceding recitals are true and correct.
Section 2. That the City hereby determines to levy the special taxes in the District for Fiscal Year 2024/25, to each parcel therein.
Section 3. That the rate for each special tax does not exce ed the amount previously authorized by Ordinance and is not in excess of that approved by the qualified electors of the District.
Section 4. That the proceeds of the special taxes shall be used to pay, in whole or in part, the approved costs for the subject fiscal year as provided in the District’s Fiscal Agent Agreement with fiscal agent for the bondholders (the “Fiscal Agent Agreement”):
A. The Administrative costs and other incidental expenses of the District;
B. The interest scheduled for collection on the outstanding bonded indebtedness related to the District;
C. The principal scheduled for collection on the outstanding bonds of the District; 394
D. The sinking payments scheduled for collection on the outstanding bonds of the District;
E. Amounts, if any, needed to replenish the applicable Reserve Account of the Bond Fund to the level of the Reserve Requirement; and
F. Amounts, if any, required to bring the amount on deposit in the Rebate Fund to the required level.
Section 5. That the Auditor-Controller of the County of Riverside (“Auditor-Controller”) is hereby directed to apply the real property statement for each parcel in the District for the current fiscal year listing the special taxes due opposite each parcel of land affected, in a line item designated “CFD Special Tax,” or any other suitable designation, in accordance with this Resolution.
Section 6. That all special taxes collected will be paid to the fiscal agent for deposit in the applicable Special Tax Fund upon receipt by the City from the Au ditor-Controller pursuant to the terms of the Fiscal Agent Agreement.
Section 7. That the Auditor -Controller shall, at the close of the tax collection period, promptly render to the Director a detailed report showing the amounts of the special tax installments, penalties, interest, and fees collected, and from which properties were collected. Any expenses to be paid to the Auditor-Controller for carrying out the forgoing responsibilities shall be in accordance with a contract, if any, entered into between the District and Auditor -Controller, pursuant to Section 29304 of the Government Code of the State of California or as otherwise provided by law.
Section 8. That this Resolution shall take effect immediately upon its passage and adoption.
PASSED, APPROVED, AND ADOPTED this 18th day of June, 2024.
_________________________________
Lori Stone, Mayor
ATTEST:
______________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany Israel, City Attorney
395
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 24-4750 was duly adopted at a regular meeting of the City Council on the 18th day of June, 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT
______________________________
Cristal McDonald, City Clerk
396
RESOLUTION NO. 24-4751
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA, DETERMINING AND LEVYING THE
SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2001 -1 (BLUESTONE COMMUNITIES/MURRIETA HIGHLANDS) FOR FISCAL
YEAR 2024/25
WHEREAS, the City Council (“City Council”) of the City of Murrieta (“City”) is the legislative body of Community Facilities District No. 2001 -1 (Bluestone Communities/Murrieta Highlands Improvement Areas “A” and “B”) (“District”), which District was established pu rsuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Title 5, Division 2, Part 1, Chapter 2.5 of the Government Code of the State of California (“Act”); and
WHEREAS, on August 7, 2001, the City Council adopted Res olution No. 01 -906 establishing the District, and providing for the special tax; and
WHEREAS, on August 7, 2007, the City Council enacted Ordinance No. 396 -07, in accordance with Section 53340 of the Act authorizing the levy of special taxes on the prope rties located within the District (“Ordinance”); and
WHEREAS, it is necessary and appropriate that the City Council levy and collect the special taxes for the Fiscal Year 2024/25 by the adoption of a R esolution as specified by the Act and the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the preceding recitals are true and correct.
Section 2. That the City hereby determines to levy the special taxes in the District for Fiscal Year 2024/25, to each parcel therein.
Section 3. That the rate for each special tax does not exceed the amount previously authorized by Ordinance and is not in excess of that approved by the qualified electors of the District.
Section 4. That the proceeds of the special tax shall be used to pay, in whole or in part, the approved costs for the subject fiscal year as provided in the District’s Fiscal Agent Agreement with fiscal agent for the bondholders (the “Fiscal Agent Agreement”):
A. The Administrative costs and other incidental expenses of the District;
B. The interest scheduled for collection on the outstanding bonded indebtedness related to the District;
C. The principal scheduled for collection on the outstanding bonds of the District;
397
D. The sinking payments scheduled for collection on the outstanding bonds of the District;
E. Amounts, if any, needed to replenish the applicable Reserve Account of the Bond Fund to the level of the Reserve Requirement; and
F. Amounts, if any, required to bring the amount on deposit in the Rebate Fund to the required level.
Section 5. That the Auditor -Controller of the County of Riverside (“Auditor - Controller”) is hereby directed to apply the real property statement for each parcel in the District for the current fiscal year listing the Special Tax due opposite each parcel of land affected, in a line item designated “CFD Special Tax,” or any other suitable designation, in accordance with this resolution.
Section 6. That all Special Taxes collected will be paid to the Fi scal Agent for deposit in the applicable Special Tax Fund upon receipt by the City from the Auditor -Controller pursuant to the terms of the Fiscal Agent Agreement.
Section 7. That the Auditor -Controller shall, at the close of the tax collection period, promptly render to the Director a detailed report showing the amounts of the special tax installments, penalties, interest, and fees collected, and from which properties were collected. Any expenses to be paid to the Auditor-Controller for carrying out the forgoing responsibilities shall be in accordance with a contract, if any, entered into between the District and Auditor-Controller, pursuant to Section 29304 of the Government Code of the State of California or as otherwise provided by law.
Section 8. That this Resolution shall take effect immediately upon its passage and adoption.
PASSED, AND ADOPTED this 18th day of June, 2024.
_____________________________
Lori Stone, Mayor
ATTEST:
____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
____
Tiffany Israel, City Attorney
398
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 24-4751 was duly adopted at a regular meeting of the City Council on the 18th day of June, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Cristal McDonald, City Clerk
399
RESOLUTION NO. 24-4752
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA, DETERMINING AND LEVYING THE
SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (MURRIETA SPRINGS) FOR FISCAL YEAR 2024/25
WHEREAS, the City Council ( “City Council”) of the City of Murrieta is the legislative body of Community Facilities District No. 2003 -1 (Murrieta Springs) (“District”), which District was established pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Title 5, Division 2, Part 1, Chapter 2.5 of the Government Code of the State of California (“Act”); and
WHEREAS, on January 21, 2003, the City Council adopted a Resolution of Intention to establish the District, and provide for the special tax; and
WHEREAS, on March 4, 2003 , the City Council enacted Ordinance No. 278-03, in accordance with Section 53340 of the A ct authorizing the levy of special t axes on the properties located within the District (“Ordinance”); and
WHEREAS, it is necessary and appropriate that the City Council levy and collect the special taxes for the Fiscal Year 2024/25 by the adoption of a Resolution as specified by the Act and the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the preceding recitals are true and correct.
Section 2. That the City hereby determines to levy the special taxes in the District for Fiscal Year 2024/25, to each parcel therein.
Section 3. That the rate for each special t ax does not exceed the amount previously authorized by Ordinance and is not in excess of that approved by the qualified electors of the District.
Section 4. That the proceeds of the special tax shall be used to pay, in whole or in part, the approved costs for the subject fiscal year as provided in the District’s Fiscal Agent Agreement with fiscal agent for the bondholders (the “Fiscal Agent Agreement”):
A. The Administrative costs and other incidental expenses of the District;
B. The interest scheduled for collection on the outstanding bonded indebtedness related to the District;
C. The principal scheduled for collection on the outstanding bonds of the District;
400
D. The sinking payments scheduled for collection on the outstanding bonds of the District;
E. Amounts, if any, needed to replenish the applicable Reserve Account of the Bond Fund to the level of the Reserve Requirement; and
F. Amounts, if any, required to bring the amount on deposit in the Rebate Fund to the required level.
Section 5. That t he Auditor-Controller of the County of Riverside (“Auditor- Controller”) is hereby directed to apply the real property statement for each parcel in the District for the current fiscal year listing the special tax due opposite each parcel of land affected, in a line item designated “CFD Special Tax,” or any other suitable designation, in accordance with this Resolution.
Section 6. That all special taxes collected will be paid to the fiscal agent for deposit in the applicable Special Tax Fund upon receipt by the City from the Auditor -Controller pursuant to the terms of the Fiscal Agent Agreement.
Section 7. That the Auditor-Controller shall, at the close of the tax collection period, promptly render to the Direct or a detailed report showing the amounts of the Special Tax installments, penalties, interest, and fees collected, and from which properties collected. Any expenses to be paid to the Auditor-Controller for carrying out the forgoing responsibilities shall be in accordance with a contract, if any, entered into between the District and Auditor -Controller, pursuant to Section 29304 of the Government Code of the State of California or as otherwise provided by law.
Section 8. That this Resolution shall take effe ct immediately upon its passage and adoption.
PASSED, AND ADOPTED this 18th day of June, 2024.
___________________________
Lori Stone, Mayor
ATTEST:
______________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany Israel, City Attorney
401
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 24-4752 was duly adopted at a regular meeting of the City Council on the 18th day of June, 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT
______________________________
Cristal McDonald, City Clerk
402
RESOLUTION NO. 24-4753____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA, DETERMINING AND LEVYING THE
SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2003-2 (BLACKMORE RANCH) FOR FISCAL YEAR 2024/25
WHEREAS, the City Council ( “City Council”) of the City of Murrieta is the legislative body of Community Facilities District No. 2003-2 (Blackmore Ranch) (“District”), which District was established pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, as amended, being Title 5, Division 2, Part 1, Chapter 2.5 of the Government Code of the State of California (“Act”); and
WHEREAS, on April 1, 2003, the City Council adopted a Resolution of Intention to establish the District, and provide for the special tax; and
WHEREAS, on June 17, 2003 , the City Council enacted Ordinance No. 283 -03, in accordance with Section 53340 of the A ct authorizing the levy of special t axes on the properties located within the District (“Ordinance”); and
WHEREAS, it is necessary and appropriate that the City Council levy and collect the special taxes for Fiscal Year 2024/25 by the adoption of a Resolution as specified by the Act and the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the preceding recitals are true and correct.
Section 2. That the City hereby determines to levy the special taxes in the District for Fiscal Year 2024/25, to each parcel therein.
Section 3. That the rate for each special tax does not exceed the amount previously authorized by Ordinance and is not in excess of that approved by the qualified electors of the District.
Section 4. That the proceeds of the special taxes shall be used to pay, in whole or in part, the approved costs for the subject fiscal year as provided in the District’s Fiscal Agent Agreement with fiscal agent for the bondholders (the “Fiscal Agent Agreement”):
A. The Administrative costs and other incidental expenses of the District;
B. The interest scheduled for collection on the outstanding bonded indebtedness related to the District;
403
C. The principal scheduled for collection on the outstanding bonds of the District;
D. The sinking payments scheduled for collection on the outstanding bonds of the District;
E. Amounts, if any, needed to replenish the applicable Reserve Account of the Bond Fund to the level of the Reserve Requirement; and
F. Amounts, if any, required to bring the amount on deposit in the Rebate Fund to the required level.
Section 5. That the Auditor -Controller of the County of Riverside (“Auditor - Controller”) is hereby directed to apply the real property statement for each parcel in the District for the current fiscal year listing the special taxes due opposite each parcel of land affected, in a line item designated “CFD Special Tax,” or any other suitable designation, in accordance with this Resolution.
Section 6. That all special taxes collected will be paid to the fiscal agent for deposit in the applicable Special Tax Fund upon receipt by the City from the Auditor-Controller pursuant to the terms of the Fiscal Agent Agreement.
Section 7. That the Auditor-Controller shall, at the close of the tax collection period, promptly render to the Director a detailed report showing the amounts of the special tax installments, penalties, interest, and fees collected, and from which properties were collected. Any expenses to be paid to the Auditor -Controller for carrying out the forgoing responsibilities shall be in accordance with a contract, if any, entered into between the District and Auditor-Controller, pursuant to Section 29304 of the Government C ode of the State of California or as otherwise provided by law.
Section 8. That this Resolution shall take effect immediately upon its passage and adoption.
PASSED, APPROVED, AND ADOPTED this 18th day of June, 2024.
___________________________
Lori Stone, Mayor
ATTEST:
____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
____________________________
Tiffany Israel, City Attorney
404
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 24-4753was duly adopted at a regular meeting of the City Council on the 18th day of June, 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT
______________________________
Cristal McDonald, City Clerk
405
RESOLUTION NO. 24-4754
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA, DETERMINING AND LEVYING THE
SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2003 -3 (CREEKSIDE VILLAGE) FOR FISCAL YEAR 2024/25
WHEREAS, the City Council ( “City Council”) of the City of Murrieta is the legislative body of Community Facilities District No. 2003 -3 (Creekside Village) Improvement Area No. 1 (“District”), which District was established pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, as amended, being Title 5, Division 2, Part 1, Chapter 2.5 of the Government Code of the State of California (“Act”); and
WHEREAS, on August 19, 2003, the City Coun cil adopted a Resolution of Intention to establish the District, and provide for the special tax; and
WHEREAS, on March 2, 2004 , the City Council enacted Ordinance No. 298 -04, in accordance with Section 53340 of the A ct authorizing the levy of s pecial taxes on the properties located within the District (“Ordinance”); and
WHEREAS, it is necessary and appropriate that the City Council levy and collect the special taxes for Fiscal Year 2024/25 by the adoption of a Resolution as specified by the Act and the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the preceding recitals are true and correct.
Section 2. That the City hereby determines to levy the special taxes in the District for Fiscal Year 2024/25, to each parcel therein.
Section 3. That the rate for each special tax does not exceed the amount previously authorized by Ordinance and is not in excess of that approved by the qualified electors of the District.
Section 4. That the proceeds of the special taxes shall be used to pay, in whole or in part, the approved costs for the subject fiscal year as provided in the District’s Fiscal Agent Agreement with fiscal agent for the bondholders (the “Fiscal Agent Agreement”):
A. The Administrative costs and other incidental expenses of the District;
B. The interest scheduled for collection on the outstanding bonded indebtedness related to the District;
C. The principal scheduled for collection on the outstanding bonds of the District;
406
D. The sinking payments scheduled for collection on the outstanding bonds of the District;
E. Amounts, if any, needed to replenish the applicable Reserve Account of the Bond Fund to the level of the Reserve Requirement; and
F. Amounts, if any, required to bring the amount on deposit in the Rebate Fund to the required level.
Section 5. That the Auditor -Controller of the County of Riverside (“Auditor - Controller”) is hereby directed to apply the real property statement for each parcel in the District for the current fiscal year listing the special taxes due opposite each parcel of land affected, in a line item designated “CFD Special Tax,” or any other suitable designation, in accordance with this Resolution.
Section 6. That all special taxes collected will be paid to the fiscal agent for deposit in the applicable Special Tax Fund upon receipt by the City from the Auditor-Controller pursuant to the terms of the Fiscal Agent Agreement.
Section 7. That the Auditor-Controller shall, at the close of the tax colle ction period, promptly render to the Director a detailed report showing the amounts of the special tax installments, penalties, interest, and fees collected, and from which properties were collected. Any expenses to be paid to the Auditor -Controller for carrying out the forgoing responsibilities shall be in accordance with a contract, if any, entered into between the District and Auditor-Controller, pursuant to Section 29304 of the Government Code of the State of California or as otherwise provided by law.
Section 8. That this Resolution shall take effect immediately upon its passage and adoption.
PASSED, AND ADOPTED this 18th day of June, 2024.
________________________________
Lori Stone, Mayor
ATTEST:
____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany Israel, City Attorney
407
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 24-4754 was duly adopted at a regular meeting of the City Council on the 18th day of June, 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT
______________________________
Cristal McDonald, City Clerk
408
RESOLUTION NO. 24-4755
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA, DETERMINING AND LEVYING THE
SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2003-4 (BLUESTONE COMMUNITIES II/MAPLETON) FOR FISCAL YEAR
2024/25
WHEREAS, the City Council ( “City Council”) of the City of Murrieta is the legislative body of Communit y Facilities District No. 2003 -4 (Bluestone Communities II/Mapleton ) (“District”), which District was established pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, as amended, being Title 5, Division 2, Part 1, Chapter 2.5 of the Government Code of the State of California (“Act”); and
WHEREAS, on September 16, 2003, the City Council adopted a Resolution of Intention to establish the District, and provide for the special tax; and
WHEREAS, on October 21, 2003, the City Council enacted Ordinance No. 29 0-03, in accordance with Section 53340 of the A ct authorizing the levy of s pecial taxes on the properties located within the District (“Ordinance”); and
WHEREAS, it is necessary and appropriate that the City Council levy and collect the special taxes for Fiscal Year 2024/25 by the adoption of a Resolution as specified by the Act and the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the preceding recitals are true and correct.
Section 2. That the City hereby determines to levy the special taxes in the District for Fiscal Year 2024/25, to each parcel therein.
Section 3. That the rate for each special tax does not exceed the amount previously authorized by Ordinance and is not in excess of that approved by the qualified electors of the District.
Section 4. That the proceeds of the special taxes shall be used to pay, in whole or in part, the approved costs for the subject fiscal year as provided in the District’s Fiscal Agent Agreement with fiscal agent for the bondholders (the “Fiscal Agent Agreement”):
A. The Administrative costs and other incidental expenses of the District;
B. The interest scheduled for collection on the outstanding bonded indebtedness related to the District;
C. The principal scheduled for collection on the outstanding bonds of the District;
409
D. The sinking payments scheduled for collection on the outstanding bonds of the District;
E. Amounts, if any, needed to replenish the applicable Reserve Account of the Bond Fund to the level of the Reserve Requirement; and
F. Amounts, if any, required to bring the amount on deposit in the Rebate Fund to the required level.
Section 5. That the Auditor -Controller of the County of Riverside (“Auditor - Controller”) is hereby directed to apply the real property statement for each parcel in the District for the current fiscal year listing the special taxes due opposite each parcel of land affected, in a line item designated “CFD Special Tax,” or any other suitable designation, in accordance with this Resolution.
Section 6. That all special taxes collected will be paid to the fiscal agent for deposit in the applicable Special Tax Fund upon receipt by the City from the Auditor-Controller pursuant to the terms of the Fiscal Agent Agreement.
Section 7. That the Auditor-Controller shall, at the close of the tax collection period, promptly render to the Director a detailed report showing the amounts of the special tax installments, penalties, interest, and fees collected, and from which properties were collected. Any expenses to be paid to the Auditor -Controller for carrying out the forgo ing responsibilities shall be in accordance with a contract, if any, entered into between the District and Auditor-Controller, pursuant to Section 29304 of the Government Code of the State of California or as otherwise provided by law.
Section 8. That thi s Resolution shall take effect immediately upon its passage and adoption.
PASSED, APPROVED, AND ADOPTED this 18th day of June, 2024.
___________________________
Lori Stone, Mayor
ATTEST:
____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany Israel, City Attorney
410
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 24-4755 was duly adopted at a regular meeting of the City Council on the 18th day of June, 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT
______________________________
Cristal McDonald, City Clerk
411
RESOLUTION NO. 24-4756
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA,
CALIFORNIA, DETERMINING AND LEVYING THE SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 2004 -1 (BREMERTON) FOR FISCAL YEAR 2024/25
WHEREAS, the City Council (“City Council”) of the City of Murrieta is the legislative body of Community Facilities District No. 2004-1 (Bremerton) (“District”), which District was established pursuant to the provisions of the Mello -Roos Community Facilities Act of 1 982, as amended, being Title 5, Division 2, Part 1, Chapter 2.5 of the Government Code of the State of California ( “Act”); and
WHEREAS, on March 16, 2004, the City Council adopted a resolution of intention to establish the District, and providing for the special tax; and
WHEREAS, on July 20, 2004, the City Council enacted Ordinance No. 308-04, in accordance with Section 53340 of the Act authorizing the levy of special taxes on the properties located within the District (“Ordinance”); and
WHEREAS, it is necessary and appropriate that the City Council levy and collect the special taxes for Fiscal Year 2024/25 by the adoption of a R esolution as specified by the Act and the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the preceding recitals are true and correct.
Section 2. That the City hereby determines to levy the special taxes in the District for Fiscal Year 2024/25, to each parcel therein.
Section 3. That the rate for each special tax does not exceed the amount previously authorized by Ordinance and is not in excess of that approved by the qualified electors of the District.
Section 4. That the proceeds of the special taxes shall be used to pay, in whole or in part, the approved costs for the subject fiscal year as provided in the District’s Fiscal Agent Agreement with fiscal agent for the bondholders (the “Fiscal Agent Agreement”):
A. The Administrative costs and other incidental expenses of the District;
B. The interest scheduled for collection on the outstanding bonded indebtedness related to the District;
C. The principal scheduled for collection on the outstanding bonds of the District;
412
D. The sinking payments scheduled for collection on the outstanding bonds of the District;
E. Amounts, if any, needed to replenish the applicable Reserve Account of the Bond Fund to the level of the Reserve Requirement; and
F. Amounts, if any, required to bring the amount on deposit in the Rebate Fund to the required level.
Section 5. That the Auditor-Controller of the County of Riverside (“Auditor-Controller”) is hereby directed to apply the real property statement for each parcel in the District for the current fiscal year listing the special taxes due opposite each parcel of land affected, in a line item designated “CFD Special Tax,” or any other suitable designation, in accordance with this Resolution.
Section 6. That all special taxes collected will be paid to the fiscal agent for deposit in the applicable Special Tax Fund upon receipt by the City from t he Auditor-Controller pursuant to the terms of the Fiscal Agent Agreement.
Section 7. That the Auditor -Controller shall, at the close of the tax collection period, promptly render to the Director a detailed report showing the amounts of the special tax installments, penalties, interest, and fees collected, and from which properties were collected. Any expenses to be paid to the Auditor -Controller for carrying out the forgoing responsibilities shall be in accordance with a contract, if any, entered into between the District and Auditor-Controller, pursuant to Section 29304 of the Government Code of the State of California or as otherwise provided by law.
Section 8. That this Resolution shall take effect immediately upon its passage and adoption.
PASSED, AND ADOPTED this 18th day of June, 2024.
___________________________
Lori Stone, Mayor
ATTEST:
____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
____________________________
Tiffany Israel, City Attorney
413
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 24-4756 was duly adopted at a regul ar meeting of the City Council on the 18th day of June, 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT
______________________________
Cristal McDonald, City Clerk
414
RESOLUTION NO. 24-4757
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA, DETERMINING AND LEVYING THE
SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2004 -2 (MURRIETA FIELDS) FOR FISCAL YEAR 2024/25
WHEREAS, the City Council ( “City Council”) of the City of Murrieta is the legislative body of Community Facilities District No. 2004-2 (Murrieta Fields) (“District”), which District was established pursuant to th e provisions of the Mello -Roos Community Facilities Act of 1982, as amended, being Title 5, Division 2, Part 1, Chapter 2.5 of the Government Code of the State of California (“Act”); and
WHEREAS, on December 7, 2004, the City Council adopted a Resolution of Intention to establish the District, and provide for the special tax; and
WHEREAS, on January 18, 2005 , the City Council enacted Ordinance No. 320 -05, in accordance with Section 53340 of the Act authorizing the levy of special taxes on the propert ies located within the District (“Ordinance”); and
WHEREAS, it is necessary and appropriate that the City Council levy and collect the special taxes for Fiscal Year 2024/25 by the adoption of a R esolution as specified by the Act and the Ordinance.
NOW, THER EFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the preceding recitals are true and correct.
Section 2. That the City hereby determines to levy the special taxes in the District for Fiscal Year 2024/25, to each parcel therein.
Section 3. That the rate for each special tax does not exceed the amount previously authorized by Ordinance and is not in excess of that approved by the qualified electors of the District.
Section 4. That the proceeds of the special taxes shall be used to pay, in whole or in part, the approved costs for the subject fiscal year as provided in the District’s Fiscal Agent Agreement with fiscal agent for the bondholders (the “Fiscal Agent Agreement”):
A. The Administrative costs and other incidental expenses of the District;
B. The interest scheduled for collection on the outstanding bonded indebtedness related to the District;
C. The principal scheduled for collection on the outstanding bonds of the District;
415
D. The sinking payments scheduled for collection on the outstanding bonds of the District;
E. Amounts, if any, needed to replenish the applicable Reserve Account of the Bond Fund to the level of the Reserve Requirement; and
F. Amounts, if any, required to bring the amount on deposit in the Rebate Fund to the required level.
Section 5. That the Auditor -Controller of the County of Riverside (“Auditor - Controller”) is hereby directed to apply the real property statement for each parcel in the District for the current fiscal year list ing the special taxes due opposite each parcel of land affected, in a line item designated “CFD Special Tax,” or any other suitable designation, in accordance with this Resolution.
Section 6. That all special taxes collected will be paid to the fiscal age nt for deposit in the applicable Special Tax Fund upon receipt by the City from the Auditor -Controller pursuant to the terms of the Fiscal Agent Agreement.
Section 7. That the Auditor -Controller shall, at the close of the tax collection period, promptly render to the Director a detailed report showing the amounts of the special tax installments, penalties, interest, and fees collected, and from which properties were collected. Any expenses to be paid to the Auditor-Controller for carrying out the forgoing responsibilities shall be in accordance with a contract, if any, entered into between the District and Auditor-Controller, pursuant to Section 29304 of the Government Code of the State of California or as otherwise provided by law.
Section 8. That this R esolution shall take effect immediately upon its passage and adoption.
PASSED, APPROVED, AND ADOPTED this 18th day of June, 2024.
___________________________
Lori Stone, Mayor
ATTEST:
_____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany Israel, City Attorney
416
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 24-4757 was duly adopted at a regular meeting of the City Council on the 18th day of June, 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT
______________________________
Cristal McDonald, City Clerk
417
RESOLUTION NO. 24-4758
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA, DETERMINING AND LEVYING THE
SPECIAL TAXES IN COMMUNITY FACILITIES DISTRICT NO. 2004 -3 (MEADOWLANE/AMBERWALK I & II) FOR FISCAL YEAR 2024/25
WHEREAS, the City Council (“City Council”) of the City of Murrieta (“City”) is the legislative body of Community Facilities District No. 2004 -3 (Meadowlane/Amberwalk I & II) (“District”), which District was established pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, as amended, being Title 5, Division 2, Part 1, Chapter 2.5 of the Government Code of the State of California (“Act”); and
WHEREAS, on February 1, 2005, the City Council adopted a Resolution of Intention to establish the District, and provide for the special tax; and
WHEREAS, on March 15, 2005, the City Council enacted Ordinance No. 323 -05, in accordance with Section 53340 of the Act authorizing the levy of special taxes on the properties located within the District (“Ordinance”); and
WHEREAS, it is necessary and appropriate that the City Council levy and co llect the special taxes for Fiscal Year 2024/25 by the adoption of a Resolution as specified by the Act and the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the preceding recitals are true and correct.
Section 2. That the City hereby determines to levy the special taxes in the District for Fiscal Year 2024/25, to each parcel therein.
Section 3. That the rate for each special tax does not exceed the amount previously authorized by Ordinance and is not in excess of that approved by the qualified electors of the District.
Section 4. That the proceeds of the special taxes shall be used to pay, in whole or in part, the approved costs for the subject fiscal year as provided in the District’s Fiscal Agent Agreement with fiscal agent for the bondholders (the “Fiscal Agent Agreement”):
A. The Administrative costs and other incidental expenses of the District;
B. The interest scheduled for collection on the outstanding bonded indebtedness related to the District;
C. The principal scheduled for collection on the outstanding bonds of the District;
418
D. The sinking payments scheduled for collection on the outstanding bonds of the District;
E. Amounts, if any, needed to replenish the applicable Reserve Account of the Bond Fund to the level of the Reserve Requirement; and
F. Amounts, if any, required to bring the amount on deposit in the Rebate Fund to the required level.
Section 5. That the Auditor -Controller of the County of Riverside (“Auditor/Controller”) is hereby directed to apply the real property statement for each parcel in the District for the current fiscal year listing the special Taxes due opposite each parcel of land affected, in a line item designated “CFD Special Tax,” or any other suitable designation, in accordance with this Resolution.
Section 6. That all special taxes collected will be paid to the fiscal agent for deposit in the applicable Special Tax Fund upon receipt by the City from the Auditor-Controller pursuant to the terms of the Fiscal Agent Agreement.
Section 7. That the Auditor-Controller shall, at the close of the tax collection period, promptly render to the Director a detailed report showing the amounts of the special tax installments, penalties, interest, and fees collected, and from which properties were collected. Any expenses to be paid to the Auditor -Controller for carrying out the forgoing responsibilities shall be in accordance with a contract, if any, entered into between the District and Auditor-Controller, pursuant to Section 29304 of the Government Code of the State of California or as otherwise provided by law.
Section 8. That this Resolution shall take effect immediately u pon its passage and adoption.
PASSED, AND ADOPTED this 18th day of June, 2024.
___________________________
Lori Stone, Mayor
ATTEST:
____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
____
Tiffany Israel, City Attorney
419
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 24-4758 was duly adopted at a regular meeting of the City Council on the 18th day of June, 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT
______________________________
Cristal McDonald, City Clerk
420
RESOLUTION NO. 24-4759
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA, DETERMINING AND LEVYING THE
SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005 -1 (SPRINGBROOK) FOR FISCAL YEAR 2024/25
WHEREAS, the City Council ( “City Council”) of the City of Murrieta is the legislative body of Community Facilities Distric t No. 2005 -1 (Springbrook) ( “District”), which District was established pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, as amended, being Title 5, Division 2, Part 1, Chapter 2.5 of the Government Code of the State of California (“Act”); and
WHEREAS, on March 1, 2005, the City Council adopted a Resolution of Intention to establish the District, and provide for the special tax; and
WHEREAS, on April 5, 2005 , the City Council enacted Ordinance No. 325 -05, in accordance with Section 53340 of the Act authorizing the levy of special taxes on the propert ies located within the District (“Ordinance”); and
WHEREAS, it is necessary and appropriate that the City Council levy and collect the special taxes for the Fiscal Year 2024/25 by the adoption of a Resolution as specified by the Act and the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the preceding recitals are true and correct.
Section 2. That the City hereby determines to levy the special taxes in the District for Fiscal Year 2024/25, to each parcel therein.
Section 3. That the rate for each special tax does not exceed the amount previously authorized by Ordinance and is not in excess of that approved by the qualified electors of the District.
Section 4. That the proceeds of the special taxes shall be used to pay, in whole or in part, the approved costs for the subject fiscal year as provided in the District’s Fiscal Agent Agreement with fiscal agent for the bondholders (the “Fiscal Agent Agreement”):
A. The Administrative costs and other incidental expenses of the District;
B. The interest scheduled for collection on the outstanding bonded indebtedness related to the District;
C. The principal scheduled for collection on the outstanding bonds of the District;
421
D. The sinking payments scheduled for collection on the outstanding bonds of the District;
E. Amounts, if any, needed to replenish the applicable Reserve Account of the Bond Fund to the level of the Reserve Requirement; and
F. Amounts, if any, required to bring the amount on deposit in the Rebate Fund to the required level.
Section 5. That the Auditor -Controller of the County of Riverside (“Auditor - Controller”) is hereby directed to apply the real property statement for each parcel in the District for the current fiscal year listing the special taxes due opposite each parcel of land affected, in a line item d esignated “CFD Special Tax,” or any other suitable designation, in accordance with this Resolution.
Section 6. That all special taxes collected will be paid to the fiscal agent for deposit in the applicable Special Tax Fund upon receipt by the City from t he Auditor-Controller pursuant to the terms of the Fiscal Agent Agreement.
Section 7. That the Auditor -Controller shall, at the close of the tax collection period, promptly render to the Director a detailed report showing the amounts of the special tax installments, penalties, interest, and fees collected, and from which properties were collected. Any expenses to be paid to the Auditor-Controller for carrying out the forgoing responsibilities shall be in accordance with a contract, if any, entered into between the District and Auditor-Controller, pursuant to Section 29304 of the Government Code of the State of California or as otherwise provided by law.
Section 8. That this Resolution shall take effect immediately upon its passage and adoption.
PASSED, AND ADOPTED this 18th day of June, 2024.
___________________________
Lori Stone, Mayor
ATTEST:
______________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany Israel, City Attorney
422
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 24-4759 was duly adopted at a regular meeting of the City Council on the 18th day of June, 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT
______________________________
Cristal McDonald, City Clerk
423
RESOLUTION NO. 24-4760
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA,
CALIFORNIA, DETERMINING AND LEVYING THE SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 2005 -5 IA A (GOLDEN CITY) FOR FISCAL YEAR 2024/25
WHEREAS, the City Council ( “City Council”) of the City of Murrieta is the legislative body of Community Facilities District No. 2005-5 (Golden City) (“District”), which District was established pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, as amended, being Title 5, Division 2, Part 1, Chapter 2.5 of the Government Code of the State of California (“Act”); and
WHEREAS, on September 6, 2005, the City Council adopted a Resolution of Intention to establish the District, and provide for the special tax; and
WHEREAS, on February 21, 2006 , the City Council enacted Ordinance No. 3 50-06, in accordance with Section 53340 of the Act authorizing the levy of special taxes on the properties located within the District (“Ordinance”); and
WHEREAS, it is necessary and a ppropriate that the City Council levy and collect the special taxes for the Fiscal Year 2024/25 by the adoption of a Resolution as specified by the Act and the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the preceding recitals are true and correct.
Section 2. That the City hereby determines to levy the special taxes in the District for Fiscal Year 2024/25, to each parcel therein.
Section 3. That the rate for each special tax does not exceed the amount previously authorized by Ordinance and is not in excess of that approved by the qualified electors of the District.
Section 4. That the proceeds of the special taxes shall be used to pay, in whole or in part, the approved costs for the subject fiscal year as provided in the District’s Fiscal Agent Agreement with fiscal agent for the bondholders (the “Fiscal Agent Agreement”):
A. The Administrative costs and other incidental expenses of the District;
B. The interest scheduled for collection on the outstanding bonded indebtedness related to the District;
C. The principal scheduled for collection on the outstanding bonds of the District;
424
D. The sinking payments scheduled for collection on the outstanding bonds of the District;
E. Amounts, if any, needed to replenish the applicable Reserve Account of the Bond Fund to the level of the Reserve Requirement; and
F. Amounts, if any, required to bring the amount on deposit in the Rebate Fund to the required level.
Section 5. That the Auditor -Controller of the County of Riverside (“Auditor - Controller”) is hereby directed to apply the real property statement for each parcel in the District for the current fiscal year listing the special taxes due opposite each parcel of land aff ected, in a line item designated “CFD Special Tax,” or any other suitable designation, in accordance with this Resolution.
Section 6. That all special taxes collected will be paid to the fiscal agent for deposit in the applicable Special Tax Fund upon receipt by the City from the Auditor-Controller pursuant to the terms of the Fiscal Agent Agreement.
Section 7. That the Auditor-Controller shall, at the close of the tax collection period, promptly render to the Director a detailed report showing the amount s of the special tax installments, penalties, interest, and fees collected, and from which properties were collected. Any expenses to be paid to the Auditor -Controller for carrying out the forgoing responsibilities shall be in accordance with a contract, if any, entered into between the District and Auditor-Controller, pursuant to Section 29304 of the Government Code of the State of California or as otherwise provided by law.
Section 8. That this Resolution shall take effect immediately upon its passage an d adoption.
PASSED, AND ADOPTED this 18th day of June, 2024.
__________________________
Lori Stone, Mayor
ATTEST:
______________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany Israel, City Attorney
425
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 24-4760 was duly adopted at a regular meeting of the City Council on the 18th day of June, 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT
______________________________
Cristal McDonald, City Clerk
426
RESOLUTION NO. 24-4761
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA, DETERMINING AND LEVYING THE
SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005 -5 IA B (GOLDEN CITY) FOR FISCAL YEAR 2024/25
WHEREAS, the City Council ( “City Council”) of the City of Murrieta is the legislative body of Community Facilities Distric t No. 2005 -5 (Golden City) (“District”), which District was established pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, as amended, being Title 5, Division 2, Part 1, Chapter 2.5 of the Government Code of the State of California (“Act”); and
WHEREAS, on September 6, 2005, the City Council adopted a Resolution of Intention to establish the District, and provide for the special tax; and
WHEREAS, on February 21, 2006 , the City Council enacted Ordinance No. 3 50-06, in accordance with Section 53340 of the Act authorizing the levy of special taxes on the propert ies located within the District (“Ordinance”); and
WHEREAS, it is necessary and appropriate that the City Council levy and collect the special taxes for the Fiscal Year 2024/25 by the adoption of a Resolution as specified by the Act and the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the preceding recitals are true and correct.
Section 2. That the City hereby determines to levy the special taxes in the District for Fiscal Year 2024/25, to each parcel therein.
Section 3. That the rate for each special tax does not exceed the amount previously authorized by Ordinance and is not in excess of that approved by the qualified electors of the District.
Section 4. That the proceeds of the special taxes shall be used to pay, in whole or in part, the approved costs for the subject fiscal year as provided in the District’s Fiscal Agent Agreement with fiscal agent for the bondholders (the “Fiscal Agent Agreement”):
A. The Administrative costs and other incidental expenses of the District;
B. The interest scheduled for collection on the outstanding bonded indebtedness related to the District;
C. The principal scheduled for collection on the outstanding bonds of the District;
427
D. The sinking payments scheduled for collection on the outstanding bonds of the District;
E. Amounts, if any, needed to replenish the applicable Reserve Account of the Bond Fund to the level of the Reserve Requirement; and
F. Amounts, if any, required to bring the amount on deposit in the Rebate Fund to the required level.
Section 5. That the Auditor -Controller of the County of Riverside (“Auditor - Controller”) is hereby directed to apply the real property statement for each parcel in the District for the current fiscal year listing the special taxes due opposite each parcel of land aff ected, in a line item designated “CFD Special Tax,” or any other suitable designation, in accordance with this Resolution.
Section 6. That all special taxes collected will be paid to the fiscal agent for deposit in the applicable Special Tax Fund upon rec eipt by the City from the Auditor -Controller pursuant to the terms of the Fiscal Agent Agreement.
Section 7. That the Auditor -Controller shall, at the close of the tax collection period, promptly render to the Director a detailed report showing the amounts of the special tax installments, penalties, interest, and fees collected, and from which properties were collected. Any expenses to be paid to the Auditor-Controller for carrying out the forgoing responsibilities shall be in accordance with a contract, if any, entered into between the District and Auditor-Controller, pursuant to Section 29304 of the Government Code of the State of California or as otherwise provided by law.
Section 8. That this Resolution shall take effect immediately upon its passage and adoption.
PASSED, AND ADOPTED this 18th day of June, 2024.
___________________________
Lori Stone, Mayor
ATTEST:
______________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany Israel, City Attorney
428
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 24-4761 was duly adopted at a regular meeting of the City Council on the 18th day of June, 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT
______________________________
Cristal McDonald, City Clerk
429
CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No. 13.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: Renée Santos, Administrative Assistant - Engineering SUBJECT:
Citywide Traffic Signal Adaptive Timing Project
RECOMMENDATION
Approve Amendment No. 1 to the Agreement with Yunex, LLC in the amount of $46,720 to provide continued traffic signal maintenance services; and
Authorize the City Manager or designee to execute Amendment No. 1 and related documents on behalf of the City.
PRIOR ACTION/VOTE
On June 21, 2022, the City Council approved the Agreement with Yunex, LLC, to provide traffic signal maintenance services (Vote: 5-0).
CITY COUNCIL GOAL
Plan, program and create infrastructure development.
BACKGROUND
On June 21, 2022, the City Council approved an Agreement with Yunex, LLC (Yunex) to provide the City of Murrieta (City) with Traffic Signal Maintenance Services at each City-maintained traffic signal. The Agreement was approved with an annual cap not to exceed the budget amount, which at the time of approval was $270,000.
The City is now in need of additional related services from Yunex. The additional services are measuring the distance of the advance traffic signal loops to the limit lines/crosswalks at each approach to each of the 105 signalized intersections and identifying the number of detector lead-in cables (DLC) for the advance traffic signal loop detectors. This information is necessary for the design plans of the Traffic Signal Adaptive Timing Program Capital Improvement Plan project (CIP No. 13039). The additional services are within the Yunex Agreement's scope; however, the cost will likely exceed the annual cap. Amendment No. 1 to the Agreement (Attachment 1) will increase the cap by $46,720 for the additional services, which will use available funds in CITY OF MURRIETA Printed on 6/13/2024Page 1 of 2
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6/18/2024
Agenda Item No. 13.
(Attachment 1) will increase the cap by $46,720 for the additional services, which will use available funds in CIP No. 13039.
FISCAL IMPACT
Funding is available in the Fiscal Year 2024/25 Capital Improvement Plan budget for the Traffic Signal Adaptive Timing Program project, CIP No. 13039.
ENVIRONMENTAL IMPACT
None.
ATTACHMENTS
1. Amendment No. 1 to Agreement with Yunex, LLC
2. Agreement with Yunex, LLC
CITY OF MURRIETA Printed on 6/13/2024Page 2 of 2
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01375.0024/985913.1 -1-
AMENDMENT TO THE AGREEMENT WITH
THE CITY OF MURRIETA AND CONTRACTOR
Amendment No.: First
Original Agreement Title (“Agreement”): Agreement Between The City of Murrieta and Yunex LLC
Agreement Effective Date: June 21, 2022
Agreement Termination Date: July 31, 2027
Consultant Name: Yunex LLC
Brief Description of Scope of Services (“Services”): Traffic Signal Maintenance
This Amendment to the Agreement, made effective on the date executed by the City by and between the City of Murrieta, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("City"), and the above re ferenced Contractor with reference to the following facts which are acknowledged by each party as true and correct:
RECITALS
Whereas, City is a general law city, formed and existing pursuant to the provisions of the California Government Code.
Whereas, City and Contractor entered into an Agreement on the Effective Date set forth above for the Services.
Whereas, City and Contractor wish to amend the Agreement as further set forth herein.
Whereas, the Agreement was previously modified by the following prior amendments: N/A
AMENDMENT
NOW, THEREFORE, it is agreed by and between the parties as follows:
1. The above recitals are true and correct.
2. The following terms of the Agreement are hereby amended to read as follows:
Exhibit “B” is hereby amended to add the additional work set forth in Exhibit “B-1” attached hereto and incorporated herein.
3. All other conditions of the Agreement shall continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Agreement to be executed on the dates set forth below.
[Signature Page to Follow.]
432
01375.0024/985913.1 -2-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF MURRIETA, a California municipal
corporation
By:
Kim Summers, City Manager
ATTEST: Date:
Cristal McDonald, City Clerk
Date:
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Tiffany Israel, City Attorney
Date:
CONTRACTOR:
Two corporate officer signatures required when
Contractor is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or
regulations applicable to Contractor’s business City.
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
433
Unrestricted
Yunex Traffic
2240 Business Way
Riverside, Ca. 92501
951.784.6600
951.784.6700 Fax
April 22, 2024
Jerry Aldridge
City of Murrieta
1 Town Square
Murrieta, CA. 92562
RE: Citywide – Advance Loop Survey
Dear Mr. Aldridge:
We offer to perform the following work, on the terms and conditions stated below, and at the prices shown, as follows:
Pending your authorization, Yunex Traffic will measure the quantity and distance of DLC for the advance loop and mark plans with the current loop layout at 105 intersections. Please note the pricing below includes 320hours to perform the work necessary. The intersection aerials are to be provided by the City.
Item
#
Item Description Unit Quantity Unit Price Total Price
1 Citywide - Advance Loop Survey LS 1 $46,720.00 $46,720.00 1 Total Bid $46,720.00
This proposal is an estimate, if unexpected problems arise we will notify you before we proceed and a change order for the extra work will be provided. Additionally, the price listed above does not include any bond or permit fees.
This offer shall expire 60 days from the date hereof and may be withdrawn by us at any time prior thereto with or without notice. This offer supersedes any prior offers, commitment or orders, contains all terms, conditions and warranties and when accepted, constitutes the entire contract between the parties. The resulting contract shall not be modified except by formal written amendment. This offer shall be accepted by delivery to us of a copy of this offer duly signed by you in the space provided.
The foregoing offer is hereby accepted this _______ day of __________, 2024.
CITY OF MURRIETA YUNEX TRAFFIC Candace Gallaher
By: Candace Gallaher
Title: Service Project Manager 434
CONTRACTOR Agreement
01375.0006/794334.1 Murrieta Form 04/10
AGREEMENT BETWEEN THE CITY OF MURRIETA
AND
YUNEX LLC
This Agreement (“Agreement”), made this 21st day of June, 2022, by and between the CITY OF MURRIETA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("CITY"), and YUNEX LLC , a Delaware Corporation ("CONTRACTOR") with reference to the following facts which are acknowledged by each party as true and correct:
RECITALS
A. CITY is a general law city, formed and existing pursuant to the provisions of the California Government Code.
B. CITY is authorized to enter into CONTRACTOR agreements under the provisions of California Government Code section 53060.
C. CITY desires or is in need of comprehensive traffic signal maintenance services.
D. CONTRACTOR has special knowledge, experience and facilities for accomplishing the above services.
E. CITY now desires to retain CONTRACTOR to accomplish the above services, and CONTRACTOR is willing to be so retained pursuant to the terms and conditions of this Agreement.
AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties as follows:
OPERATIVE PROVISIONS
1. RESPONSIBILITIES OF CONTRACTOR
1.1 CONTRACTOR shall undertake to carry on the scope of services as listed in the attached Scope of Services (refer to Exhibit “A”), which is attached to and made a part of this Agreement. To the extent the provisions of Exhibit “A” are ambiguous in relation to the provisions of this Agreement, inconsistent with the provisions of this Agreement, or expand upon the provisions of this Agreement, the provisions of this Agreement shall take precedence and the provisions of Exhibit “A” shall not apply . These duties may be adjusted from time to time as agreed upon in writing by CONTRACTOR and CITY. Any additional services authorized by CITY shall be subject to all terms and conditions of this Agreement, except as modified in writing in accordance with Section 24.
1.2 Representations. CONTRACTOR will perform the services set out in this Agreement, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understood that CITY, in entering into this Agreement, is relying on CONTRACTOR’s representations for quality and professional work performed in a timely manner, and CONTRACTOR shall perform in DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 435
01375.0006/794334.1 2
accordance with those representations and standards.
1.3 Monthly Written Reports. The Project Manager of CONTRACTOR shall prepare and submit to the designated CITY representative a monthly written report specifying the activities of CONTRACTOR pursuant to this Agreement. CONTRACTOR shall prepare the monthly written report in a format acceptable to the CITY. CONTRACTOR shall submit the monthly written report to the CITY by the second Friday of each month.
2. ADMINISTRATION OF AGREEMENT
2.1 CITY appoints its City Manager, or his designee, to administer CITY’s rights under this Agreement, and to review the work performed by CONTRACTOR pursuant to the scope of services.
2.2 CONTRACTOR shall keep the C ity Manager, CITY’s representative, or his designee or designees, fully informed as to the progress of the work and shall submit to CITY such oral and written reports as CITY may specify.
2.3 This Agreement shall be administered on behalf of the parties hereto, and a ny notice desired or required to be sent to a party hereunder shall be addressed, as follows:
For CITY: Robert K. Moehling
Director of Public Works/City Engineer
Address: City of Murrieta
One Town Square
Murrieta, CA 92562
Phone: (951) 461-6010
For CONTRACTOR: Robert Paquette
Sales Manager
Address: 2250 Business Way
Riverside, CA 92501
Phone: (951) 784-6600
Email: [email protected]
3. TERM
3.1 The term of this Agreement shall be from August 1, 2022, until July 31, 2027, with two additional one (1) year option term s. Renewal will be granted based on satisfactory performance and mutual agreement between CONTRACTOR and the CITY.
3.2 Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.
4. PAYMENT TO CONTRACTOR
4.1 Consideration. CITY agrees to pay and CONTRACTOR agrees to receive and accept the prices set forth in the proposal (refer to Exhibit “B”, which is a ttached to and made a part of this Agreement) as full compensation on an individual project basis for furnishing all materials, performing all work, and fulfilling all obligations hereunder. To the extent the provisions DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 436
01375.0006/794334.1 3
of Exhibit “B” are ambiguous in relation to the provisions of this Agreement, inconsistent with the provisions of this Agreement, or expand upon the provisions of this Agreement, the provisions of this Agreement shall take precedence and the provisions of Exhibit “B ” shall not apply. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole t hereof in the manner and time specified in the aforesaid contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. The total amount payable by the CITY shall not exceed the amount designated on individual purchase orders issued pursuant to this Agreement. Each purchase order will require a scope of services, expected results, project deliverables, period of performance, and project schedule.
Under no circumstances shall the cumulative value of all purchase orders issues under this Agreement exceed the amount approved by the City Council of CITY and/or the Board of Directors of the Community Services District of the City of Murrieta for CONTRACTOR’s services in the adopted budget per fiscal year. CONSULTANT shall accept such sums as full compensation for the services listed on each individual purchase order.
4.2 Starting in the third year of the Agreement and continuing every other year thereafter, if applicable, the prices set forth in Exhibit “B” shall be adjusted in accordance with the average change for the preceding twelve (12) month period, as recorded for March of that year, in the Consumer Price Index for All Urban Consumers (CPI-U) in the Riverside-San Bernardino- Ontario, CA metropolitan area published monthly by the U.S. Bureau of Labor Statistics.
4.3 Additional Services. If CITY desires any additional services (“Additional Services”), CONTRACTOR may, upon written request by the CITY, furnish a proposal including an itemized statement of the estimated cost of the Additional Services thereof, and the CITY may accept the proposal, or may reject the proposal in its entirety, at its sole discretion, or may direct the submission of a new proposal which may be accepted or rejected. Upon the written approval of any Additional Service s including costs by CONTRACTOR and CITY, CONTRACTOR shall perform the Additional Services and CITY will pay to CONTRACTOR the cost of the Additional Services as agreed in writing. All money due for Additional Services shall be supported by a detailed statement of CONTRACTOR showing the basis of said claims, and certified by proper officers of CONTRACTOR.
4.4 Payments. Payment of CONTRACTOR’s fee shall be made in accordance with CITY’s normal schedule for issuance of checks. CONTRACTOR agrees and acknowledges that it is CONTRACTOR’s sole responsibility to report as income all compensation received from CITY, and to make the requisite tax filings and payments to the appropriate federal, state and local tax authorities.
The closure date for the purpose o f making payments will be the last day of each month.
CONTRACTOR shall prepare the approximate measurement of the work performed through the closure date and submit it to CITY for approval by the tenth (10 th) day of the following month.
Payments will be withheld pending receipt of any outstanding reports required by the Contract Documents.
5. STATUS OF CONTRACTOR
5.1 Independent Contractor. It is understood and agreed that CITY is interested only in the res ults obtained from service hereunder and that CONTRACTOR shall perform as an DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 437
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independent contractor with sole control of the manner and means of performing the services required under this Agreement. CONTRACTOR shall complete this Agreement according to i ts own methods of work which shall be in the exclusive charge and control of CONTRACTOR and which shall not be subject to control or supervision by the CITY, except as to the results of the work. CONTRACTOR is, for all purposes arising out of this Agreeme nt, an independent contractor, and neither CONTRACTOR, nor its employees, agents and representatives shall be deemed an employee of the CITY for any purpose.
5.2 Employee Benefits . CONTRACTOR shall be responsible for all salaries, payments, insurance and benefits for all of its officers, agents, representatives and employees in performing services pursuant to this Agreement. It is expressly understood and agreed that CONTRACTOR and its employees, agents, and representatives shall in no event be entitled to any CITY benefits to which CITY employees are entitled, including, but not limited to , overtime, retirement benefits, insurance, vacation, worker's compensation, sick or injury leave or other benefits.
5.3 Workers' Compensation Insurance . CONTRACTOR agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participat ing in the activities hereunder, as provided in Section
6.1.2 of this Agreement.
5.4 Prevailing Wages. Pursuant to the provisions of section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office. CONSULTANT shall post a copy of such rates at their office and shall pay the adopted prevailing wage rates as a minimum. If applicable, CONSULTANT shall comply with the provisions of sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and any other applicable laws.
Pursuant to the provisions of section 1775 of the Labor Code, CONSULTANT shall forfeit to CITY, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub -consultant under him, in violation of the provisions of this Agreement.
6. INSURANCE
CONTRACTOR shall not begin the services under this Agreement until it has: (a) obtained, and upon the C ITY's request, provided to the C ITY, insurance certificates reflecting evidence of all insurance, including a copy of the Declarations and Endorsement Page as required in this Section 6; however, CITY reserves the right to request, and CONTRACTOR shall submit, complete copies of any policy upon reasonable request by C ITY; (b) obtained CITY approval of each company or companies as required by Section 6; and (c) confirmed that all policies contain the specific provisions required in Section 6.
6.1 Types of Insurance . At all times during the term of this Agreement, CONTRACTOR shall maintain insurance coverage as follows:
6.1.1 Commercial General Liability . Commercial General Liability DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 438
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(CGL) Insurance written on an occurrence basis to protect CONTRACTOR and CITY against liability or claims of liability which may arise out of this Agreement in the amount of Two Million Dollars ($2,000,000) per occurrence and subject to an annual aggregate of Four Million Dollars ($4,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. General liability coverage can be p rovided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37).
6.1.2 Workers' Compensation. For all of CONTRACTOR’s employees who are subject to this Agreement and to the extent required by applicable state or federal law, CONTRACTOR shall keep in full force and effect a Workers' Compensation policy. That policy shall provide employers' liability coverage as required by applicable state and/or federal Workers’ Compensation laws, and CONTRACTOR shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers' Compensation Act is filed against CITY by a bona fide employee of CONTRACTOR participating under this Agreement, CONTRACTOR agrees to defend and indemnify the CITY from such claim.
6.1.3 Automobile Liability : Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $ 2,000,000 per accident for bodily injury and property damage.
6.2 Insurer Requirements . All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that are rated “A-” and “V” or better by the A.M. Best Key Rating Guide, and are licensed to do business in the State of California. CITY will accept insurance provided by non-admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.
6.3 Deductibles. All deductibles on any pol icy shall be the responsibility of CONTRACTOR and shall be disclosed to CITY at the time the evidence of insurance is provided.
6.4 Specific Provisions Required . Each policy required under this Section 6 shall expressly provide, and an endorsement shall be s ubmitted to CITY, that : (a) the policies are primary and non -contributory to any insurance that may be carried by CITY; and ( b) CITY is entitled to thirty (30) days ’ prior written notice (10 days for cancellation due to non -payment of premium) of cancellation, material reduction, or non-renewal of the policy or policies. Additionally, the CGL policy shall expressly provide, and an endorsement shall be submitted to CITY, that the City of Murrieta and its respective officers and employees are additional insureds under the policy.
6.5 Indemnity Not Limited by Insurance. CONTRACTOR’s liabilities, including, but not limited to, CONTRACTOR’s indemnity and defense obligations under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement , and CONTRACTOR’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement may be treated as a material breach of contract by CITY.
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6.6 Special Risks or Circumstances : CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. AUDIT AND INSPECTION OF RECORDS
At any time during CONTRACTOR’s normal business hours and as often as CITY may deem necessary, and upon reasonable notice, CONTRACTOR shall make available to CITY, or any of its duly authorized representatives, for examination, audit, excerpt, copying or transcribing, all data, records, investigation reports and all other materials respecting matters covered by this Agreement. CONTRACTOR will permit CITY to audit and to make audits of all invoices, materials, payrolls, records of personnel and other data related to all matters covered by this Agreement.
All material referenced in this Section, including all pertinent cost accounting, f inancial records, and proprietary data, must be kept and maintained by CONTRACTOR for a period of at least four (4) years, or for the period required by law, whichever is greater, after completion of CONTRACTOR’s performance hereunder, unless CITY’s written permission is given to dispose of same prior to that time.
8. CONFIDENTIALITY AND USE OF INFORMATION
8.1 Except as otherwise provided by law, all reports, communications, documents and information obtained or prepared by CONTRACTOR respecting matters covered by this Agreement shall not be published without prior written consent of City Manager or his designees, nor shall CONTRACTOR issue any news releases or publish information relating to its services hereunder without the prior written consent of the City Manager. CONTRACTOR shall hold in trust for the CITY, and shall not disclose to any person, any confidential information. Confidential information is information which is related to the CITY's research, development, trade secrets and business affairs, but does not include information which is generally known or easily ascertainable by nonparties through available public documentation.
8.2 CONTRACTOR shall advise CITY of any and all materials used, or recommended for use, by CONTRACTOR to achieve t he project goals that are subject to any copyright restrictions or requirements. In the event CONTRACTOR shall fail to so advise CITY and, as a result of the use of any programs or materials developed by CONTRACTOR under this Agreement, CITY should be found in violation of any copyright restrictions or requirements, CONTRACTOR agrees to indemnify and hold harmless CITY against any action or claim brought by the copyright holder.
8.3 Ownership of Records . Ownership of Records. All records created by the CONTRACTOR pursuant to this Agreement shall become the property of the CITY and shall be subject to state law and CITY policies governing privacy and access to files. The CITY shall have access to and the right to examine all books, documen ts, papers and records of the CONTRACTOR involving transactions and work related to this Agreement. The CONTRACTOR shall retain all copies of records for a period of five (5) years from the date of final payment.
9. NOTICE
All notices or demands to be given under this Agreement by either party to the other shall be in writing and given either by: (a) personal service, (b) by U.S. Mail, mailed either by certified mail, return receipt requested, with postage prepaid and addressed to the party to whom the notice is directed, or (c) via facsimile transmission (with proof of confirmation by sender). Service DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 440
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shall be considered given when received if personally served or, if mailed, two days after deposit in the United States Mail by certified mail, return receipt requested. The address to which notices or demands may be given by either party may be changed by written notice given in accordance with the notice provisions of this section. At the date of this Agreement, the addresses of the parties are as set forth in Section 2 above.
10. TERMINATION FOR CAUSE
10.1 CITY may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include: (a) a material violation of any of the covenants, agreements, or stipulations of this Agreement by CONTRACTOR, (b) CONTRACTOR, through any cause, failing to fulfill in a timely and proper manner its obligations under this Agreement, (c) any act by CONTRACTOR exposing CITY to liability to others for personal injury or property damage, or (d) if CONTRACTOR is adjudged bankrupt, CONTRACTOR makes a general assignment for the benefit of creditors, or a receiver is appointed on account of CONTRACTOR’s insolvency. Written notice by CITY of termination for cause shall contain the reasons for such intention to terminate and shall specify the effective date thereof. Unless prior to the effective date of the termination for cause the condition or violation shall ceas e, or satisfactory arrangements for the correction thereof be made, this Agreement shall cease and terminate on the effective date specified in the written notice by CITY.
10.2 In the event of such termination, CONTRACTOR shall be paid the reasonable value of satisfactory services rendered up to the date of receipt of the notice of termination in accordance with this Agreement, less any payments theretofore made, as determined by CITY, not to exceed the amount payable herein, and CONTRACTOR expressly waives any and all claims for damages or compensation arising under this Agreement in the event of such termination, except as set forth herein.
11. TERMINATION FOR CONVENIENCE OF CITY
11.1 CITY may terminate this Agreement at any time and for any reason by giving written notice to CONTRACTOR of such termination, and specifying the effective date thereof, at least fifteen (15) days prior to the effective date.
11.2 If the Agreement is terminated as provided in this Section, CONTRACTOR shall be entitled to receive compensation for any satisfactory work completed up to the receipt by CONTRACTOR of notice of termination, less any payments theretofore made and not to exceed the amount payable herein, and for satisfactory work completed between the receipt of notice of termination and the effective date of termination pursuant to a specific request by CITY for the performance of such work.
12. PERFORMANCE AFTER TERMINATION
Upon termination of this Agreement as provided herein, CONTRACTOR shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which C ity Manager determines are nec essary to be completed by CONTRACTOR to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by CONTRACTOR shall be delivered to the City Manager, upon his request, as property of CITY.
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13. DEFENSE AND INDEMNIFICATION
13.1 CONTRACTOR shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY, such approval not to be unreasonably withheld) and indemnify the CITY, its council, and each member thereof, its officers, agents, employees, representatives, and their successors and assigns, from and against any and all losses, liabilities, claims, suit damage, expenses and costs including reasonable attorney's fees and costs, and expert costs and investigation expenses (“Claims”), which arise out of or are in any way connected to the performance under this Agreement or any negligent or wrongful act or omission by CONTRACTOR, its officers, employees, representatives, subcontractors, or agents regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder. If it is determined by a court of competent ju risdiction that such Claim was caused in part by the negligence or willful misconduct of CITY, City shall reimburse CONTRACTOR for in a pro -rata amount to the percentage of fault of each party.
13.2 General Indemnity Provisions. This indemnity is in addi tion to any other rights or remedies which CITY may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, CITY may, at its sole discretion, reserve, retain or apply any monies due to CONTRACTOR under this Agreement for the purpose of resolving such claims; provided however, that CITY may release such funds if CONTRACTOR provides CITY with reasonable assurances of protection of the CITY's interest.
The CITY shall, in its sole discretion determine whether such assurances are reasonable.
CONTRACTOR agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the performance of services under this Agreement by CONTRACTOR, its officers, agents, representatives, employees, sub -CONTRACTORs, or anyone for whom CONTRACTOR is liable and that an adjudication of CONTRACTOR's liability is not a condition precedent to CONTRACTOR's duty to defend.
13.3 Limitation on Liability. Neither party to this Agreement shall be liable to the other party for any consequential, indirect or punitive damages
14. CONFLICT OF INTEREST
14.1 CONTRACTOR shall be bound by the requirements of the FPPC (Fair Political Practice Commission) and state law with regard to disclosure of financial interests and prohibited conflicts of interest.
14.2 Prior to execution of this Agreement, CONTRACTOR shall disclose in writing to CITY any and all compensation, actual or potential, which CONTRACTOR may receive in any form from a party other than CITY as a result of performance of this Agreement by CONTRACTOR. If CONTRACTOR becomes aware of the potential for such compensation subsequent to the execution of this Agreement, CONTRACTOR shall disclose such compensation within three (3) working days of becoming aware of the potential for such compensation.
14.3 Prior to or concurrent with making any recommendation of any products or service for purchase by the CITY, CONTRACTOR shall disclose any financial interest that CONTRACTOR may have in any manufacturer or provider of the recommended products or services. The term “financial interest” includes, but is not limited to, employment (current or prospective) or ownership interest of any kind and degree.
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14.4 CONTRACTOR shall not conduct business for third parties which may be in conflict with CONTRACTOR’s responsibilities under this Agreement. CONTRACTOR may not solicit any business during the term of this Agreement which conflicts with its responsibilities under this Agreement. CONTRACTOR shall provide no services for any private client within the corporate boundaries or sphere of influence of CITY duri ng the period of this Agreement which may constitute a conflict of interest.
15. ASSIGNMENT
No portion of this Agreement or any of the work to be performed hereunder may be assigned or delegated (including hiring and retaining use of any other person or entity for any purpose, except for those certain sub -CONTRACTORs specifically included in the attached “Scope of Services”) by CONTRACTOR without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assign ment or novation) by CONTRACTOR without the express written consent of CITY, and without such consent all services hereunder are to be performed by CONTRACTOR, its officers, agents and employees.
However, claims for money due or to become due to CONTRACTOR from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to CITY. Any assignment requiring approval may not be further assigned without CITY approval.
16. SURVIVAL
CONTRACTOR’s representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement.
17. COMPLIANCE WITH APPLICABLE LAWS
CONTRACTOR agrees to comply with all federal, state and local laws, rules, regulations and ordinances that are now or may in the future become applicable to CONTRACTOR, CONTRACTOR’s business, equipment and personnel engaged in activities covered by this Agreement or arising out of the performance of such activities. Should any such change in law occur that effects contractor’s ability to perform under this Agreement, Contractor may submit a change order request to the City for review and response.
18. PERMITS/LICENSES
CONTRACTOR and all of CONTRACTOR’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.
19. NONDISCRIMINATION IN EMPLOYMENT
CONTRACTOR agrees that it will not engage in unlawful discrimination in employment and shall comply with all applicable laws and regulations of CITY and/or all other relevant government agencies, including, but not limited to, the California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission. Also, CONTRACTOR certifies and agrees that all persons employed by CONTRACTOR, its affiliates, subsidiaries and related entities, if any, will be treated equally by CONTRACTOR, without unlawful discrimination DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 443
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based upon creed, sex, race, national origin, or any other classification prohibited by state or federal law. If CITY finds that any of the provisions of this Section have been violated, such violation shall constitute a material breach of this Agreement, upon which CITY may determine to cancel, terminate, or suspend this Agreement. While CITY reserves the right to determine independently that the anti -discrimination provisions of the Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or California Department of Fair Employment and Housing, or successor agency, or the Federal Equal Employment Opportunity Commission, or successor agency, that CONTRACTOR has violated state or federal anti -discrimination laws relative to this Agreement shall constitute a finding by CITY that CONTRACTOR has violated the anti-discrimination provisions of this Agreement.
20. NON-WAIVER
The failure of CITY or CONTRACTOR to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this Agreement shall not be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition. Payment to CONTRACTOR of compensation under this Agreement shall not be deemed to waive CITY’s rights or CONTRACTOR’s rights contained in this Agreement.
21. SEVERABILITY
If any term, condition or provision of this Agre ement is held by a court of competent jurisdiction to be unenforceable, invalid, or void, the remaining provisions will nevertheless continue in full force and effect and shall not be affected, impaired or invalidated in any way.
22. DISPUTES
In the event that any action is brought by either party to construe this Agreement or enforce any of its terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred, whether or not the matter proceeds to judgment.
23. REMEDIES
The rights and remedies of the CITY provided in this Agreement are not intended to be exclusive, and are in addition to any other rights and remedies permitted by law.
24. ENTIRE AGREEMENT/AMENDMENT
This Agreement and any exhibits attached hereto constitute the entire agreement between the parties and supersede any prior or contemporaneous understanding or agreement with respect to the services contemplated, and may be amended only by a written amendment executed by both parties to the Agreement.
25. GOVERNING LAW/VENUE
The terms and conditions of this Agreement shall be governed by the laws of the State of California. Any action or proceeding brought by any party against any other party arising out of or related to this Agreement shall be brought exclusively in Riverside County.
26. BINDING AGREEMENT
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This Agreement is intended to be binding on the parties and their respective successors and assigns.
27. NUMBER
The plural shall include the singular, and the singular shall include the plural and neuter wherever the context so indicates or requires.
28. WARRANTY OF AUTHORITY
Each of the parties signing this Agreement warrants to the other that it has the full authority of the entity on behalf of which its signature is made.
29. COUNTERPARTS
This Agreement may be executed in counterparts, all of which taken together will be considered one original document.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
DATED:__________________ CONTRACTOR: YUNEX LLC
By:_______________________________________
Steven M. Teal, Jr.
Print or type NAME
Director of Service
Print or type TITLE
(951) 784-6600
Phone Number
By: _______________________________________
Anchal Bansal
Print or type NAME
Commercial Services Manager
Print or type TITLE
(951) 784-6600
Phone Number
DATED:__________________ CITY OF MURRIETA
By: ________________________ ___________
Jonathan Ingram, Mayor
APPROVED AS TO FORM:
_______________________________
Tiffany J. Israel, City Attorney
ATTEST:
_______________________________
Cristal McDonald, CMC, City Clerk
DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 June 27, 2022
June 28, 2022
446
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Exhibit A
RFP 22-100 with Scope of Work
DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 447
RFP 22-100, TRAFFIC SIGNAL MAINTENANCE SERVICES
CITY OF MURRIETA
REQUEST FOR PROPOSAL NO. 22-100
TRAFFIC SIGNAL MAINTENANCE SERVICES
Proposal Due Date: Wednesday, April 20, 2022 @ 10:00 AM PDT Contact: Brian Crawford, Management Analyst
Department of Public Works/Engineering
[email protected]
951-461-6047
Published March 16, 2022
DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 448
RFP 22-100, TRAFFIC SIGNAL MAINTENANCE SERVICES
INSTRUCTIONS
Invitation:
NOTICE IS HEREBY GIVEN that the City of Murrieta, Riverside County, California (“City”) is soliciting proposals from well -qualified firms (“Contractor”) to provide a comprehensive traffic signal maintenance and on-call repair program for traffic signals located throughout the City. The detailed scope of work is included with this Request for Proposal (“RFP”).
It is the City’s intent to award this Contract for a “NOT TO EXCEED” annual amount, with a five- year contract duration, beginning July 1, 2022. The contract may be extended for two (2) , one- year periods by mutual consent of the City and the Contractor.
All aspects of this RFP shall be managed on the City of Murrieta PlanetBids portal. Interested proposers are required to register with the City by using the following URL/link:
www.MurrietaCA.gov/planetbids
After a firm has registered as a Proposer on the City of Murrieta PlanetBids portal (“Portal”), please search for this solicitation to register as a proposer for this project specifically. Any and all updates, addenda, questions and answers and changes to this RFP will be distributed via the Portal. The City shall not be held responsible or liable if interested bidders or proposals do not register for this solicitation specifically and do not receive information relevant to this RFP.
Proposals are due on Wednesday, April 20, 2022 at 10:00 A M. All times lis ted herein are Pacific Standard Time. It is the sole responsibility of the Proposer to ensure that their Proposal is submitted through the City of Murrieta PlanetBids portal before the stated deadline. In the event you encounter any complications with the Portal or require further assistance, please contact the RFP Administrator using the contact information listed below. The submittal status of a Proposal can be checked any time using the Portal. The City shall not be held liable for complications arising due to connectivity or network issues.
RFP Administrator: Brian Crawford, Management Analyst
Department of Public Works/Engineering
1 Town Square, Murrieta, CA 92562
[email protected]
951-461-6047
Contractor’s services are to be compliant with all Federal, State, OSHA and all other applicable regulatory requirements. All services must be performed at an exceptional level.
Questions/Correspondence:
Prior to the RFP submission deadline questions may arise regarding the s pecifications and procedural or administrative matters. By 2:00 pm on Monday , March 28, 2022, all questions pertaining to this RFP shall be submitted using the City of Murrieta PlanetBids portal, using the “Q&A” tab within this solicitation. If further clarification is required, proposers shall only contact DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 449
RFP 22-100, TRAFFIC SIGNAL MAINTENANCE SERVICES
the RFP Administrator; Proposers shall not contact any other City staff with questions. The RFP Administrator will provide formal answers to all questions. Changes to the RFP itself shall only be made by the City via formal written addenda. Addenda will be pu blished and distributed through the Portal. All addenda shall become a part of the RFP document requiring acknowledgment by the Proposer. It is the sole responsibility of the Proposer to ensure that they have received the entire Request for Proposal, including any and all questions, answers and addenda by visiting the City of Murrieta PlanetBids portal.
ADDENDA
Any Addenda or information issued during the time of bidding, for the preparation of the bid, shall be covered in the bid and shall be made a part of the Contract. All Addenda or Bulletins will be issued via email through the Planet Bids Vendor Portal. It is the Contractor’s responsibility to ensure the email utilized in the PlanetBids Vendor Portal is current and accurate and it is further the Contractor’s responsibility to actively check the email for Addenda or Bulletin updates.
Qualifications:
In addition to meeting all other requirements of this RFP, all responding proponents shall furnish to the City verifiable evidence that their firm and personnel, at a minimum, meet the following qualifications:
A. The Contractor is required to be a currently licensed A - General Engineering Contractor and/or C-10 Electrical Contractor licensed by the Department of Consumer Affairs (State of California) Contractors State License Board.
B. The CONTRACTOR shall provide a minimum of one (1) qualified IMSA Level III field technician for approval by the City. The CONTRACTOR shall maintain at least one approved Level III technician on staff for the duration of this agreement. The Contractor may provide more than one (1) Level III field technicians for City approval at its option.
The Contractor shall provide a minimum of two (2) qualified IMSA Level II field technicians f or approval by the City, to maintain and repair traffic signal systems utilized in the City of Murrieta . The Contractor may provide more than two (2) technicians for City approval at its option. The CONTRACTOR must maintain at least two (2) Level II approved field technicians on staff for the duration of this agreement.
These technicians must have a minimum of five (5) years of journey level experience in traffic signal maintenance. Technician certifications must be attached to this section of the bid documents.
C. Contractor must have been in business for at least five (5) years.
D. The Contractor must have experience with projects of similar type.
E. The Contractor must have previous job references which show good past performance workmanship
F. The Contractor must show past financial stability and present financial capacity to complete the project.
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RFP 22-100, TRAFFIC SIGNAL MAINTENANCE SERVICES
Proposal Evaluation Criteria:
Proposals will be evaluated on the basis of the response to all provisions of this RFP . Since this solicitation is an R FP as opposed to a Bid, pricing alone will not constitute the entire selection criteria, and awards shall be based on a best value evaluation . The City may use some or all of the following criterion and corresponding percentages in its evaluation and compa rison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation.
POTENTIAL PROPOSAL EVALUATION CRITERION
EVALUATION CRITERION PERCENTAGE OF SCORE
Experience of the Proposer, including references and
similar project history.
20%
Qualifications of the Proposer and ability to perform
all requested services.
20%
Proposed approach to the Scope of Work,
methodology and subject matter expertise.
20%
The proposed Project costs. 40%
The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City’s opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals.
Selection Process:
The City shall employ a three -step process to select a Contractor for this Project, with the third step optional, if necessary. In the first step, a panel shall rate all Proposals using the criteria described in this section. Each criterion shall be assigned a unique scoring weight based on the significance of each criterion to the overall success of the Project. In the second step, a cost analysis shall be perform ed on all cost proposals and/or fee schedules received from the Proposals. A Ratio of Cost score shall be assigned to each Proposal based on the proposed pricing. Based on the scores from Steps 1 and 2, the City will attempt to identify a finalist shortlist and initiate, if necessary, Step 3, which shall involve a panel interview.
RFP Process Schedule:
The following is a tentative schedule of this entire RFP proce ss. While the City will attempt to apply the necessary resources to maintain this schedule, the following dates are merely DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 451
RFP 22-100, TRAFFIC SIGNAL MAINTENANCE SERVICES
projections and the City reserves the right to mo dify this schedule as needed to accommodate the completion of this RFP process.
TENTATIVE PROJECT SCHEDULE
RFP Published: March 16, 2022
Questions from Proposers Due: March 28, 2022
Questions and Answers Posted: March 31, 2022
Proposals Due: April 20, 2022
Anticipated Contract Award: June 7, 2022
Contractor Commences Full Operations July 1, 2022
Proposal Format:
A. Response File:
The Response File is the main portion of the proposal, shall be uploaded to the City of Murrieta PlanetBids portal as one (1) PDF file, and shall address the following areas, in the following order:
1. Cover Letter
A cover letter not to exceed three (3) pages in length should summarize key elements of the proposal. The letter must be signed by an individual authorized to bind the Proposer. The letter must stipulate that the proposed pricing will be valid for a of fiv e (5) years , subject to a CPI increases after the third year ; indicate the address and telephone number of the Contractor's office located nearest to Murrieta, California; and the office from which the contract will be managed.
2. Qualifications & Experience
Provide a brief overview of experience of traffic signal maintenance and repair projects as it relates to this project’s scope of work. Also include:
A. Provide a company profile.
B. Company background/history establishing that Proposer is qualified to provi de the services described in this RFP.
C. The number of years company has provided the services outlined in the RFP. Please provide a brief description of such services.
D. Company ownership. If incorporated, the state in which the company is incorporated and the date of incorporation.
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E. Location of the company offices.
F. Location of the office servicing any California account(s) G. Provide the name of the principal or project manager in the firm who will have direct and continued responsibility for the project. This person will be the City staff contact on all matters dealing with the project and will handle the day-to-day activities through completion. Please include address, e-mail, and telephone number.
H. Brief background for each technician that will be assigned t o the City of Murrieta Project, including copies of certifications.
I. Number of employees both locally and nationally
J. Location(s) from which employees will be assigned
K. Identify those services that will be outsourced to a sub-contractor. The Proposer will be responsible for verifying the experience, qualifications and validity for all licenses, permits, and copyrights for an outsourced work to subcontractors. The Proposer is also responsible for paying its employees and any subcontractors the Proposer hires.
L. Provide a list of any litigation, including personal and property, involving Proposer’s firm in the last five (5) years.
1. Contractor’s Statement of Ability to Provide Services and Approved Technician Qualifications
The CONTRACTOR is required to make a statement of how services will be provided. Include:
Time period between award and start of service, number of personnel to be used providing services, experience of personnel, numbers and type of equipment to be used, how quickly urgent but unplanned services can be provided, and any other information you can offer that will help determine your ability to provide contracted services.
The City of Murrieta will require that all technicians the CONTRACTOR proposes to utilize for this contract service work be approved as qualified for the services requested. During the course of the agreement, the Contractor may propose substitution or addition of approved technicians for review and approval prior to assigning technicians to the contracted maintenance services.
The CONTRACTOR shall provide a statement of approved technician’s qualifications and experience in accordance with the following requirements:
The CONTRACTOR shall provide a minimum of one (1) qualified IMSA Level III field technician for approval by the City. The CONTRACTOR shall maintain at least one approved Level III technician on staff for the duration of this agreement. The Contractor may provide more than one (1) Level III field technicians for City approval at its option The Contractor shall provide a minimum of two (2) qualified IMSA Level II field technicians for approval by the City, to maintain and repair traffic signal systems utilized in the City of Murrieta.
The Contractor may provide more than two (2) technicians for City approval at its option. The CONTRACTOR must maintain at least two (2) Level II approved field technicians on staff for the duration of this agreement.
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These technicians must have a minimum of five (5) years of journey level experience in traffic signal maintenance. Technician certifications must be attached to this section of the bid documents.
For each technician submitted for approval, the Contractor shall submit the technician’s statement of qualifications, including technical experience with equipment similar in scope and nature to the equipment in the City of Murrieta, educational background and training, professional references and any relevant certification from government or industry sources. The Contractor agrees the City of Murrieta shall be the sole judge of the technician’s acceptability.
The Contractor’s employees may be required to pass a background check. The City of Murrieta will determine the frequency of background checks and will notify the Contractor in writing of the acceptability of the Contractor’s employees. The Contractor agrees the City of Murrieta will be the sole judge of the suitability of the Contractor’s employees to perform any work on the City of Murrieta’s facilities.
2. Work Management & Record Keeping
The CONTRACTOR is required to submit data that indicates the use of a uniform and detailed method by which he/she proposes to define, schedule, record, update and process ROUTINE maintenance tasks and service reports. This program shall be computer generated and will be based on run time, manufacturer’s recommendations, and historical data of similar equipment.
Provide a sample of detailed service report for approval.
3. Contractor’s Statement of Financial Responsibility
A copy of the CONTRACTOR’s annual report shall be provided . If an annual report is not available, such other information shall be provided to show financial stability of the CONTRACTOR. Information may be submitted as a separate electronic file to the City of Murrieta PlanetBids Portal marked “CONFIDENTIAL”. Information in a form other than an annual report shall be signed “under penalty of perjury under the laws of the State of California”.
4. Other Information
Include any other information you consider to be relevant to the proposal and will assist City staff in making an informed decision. Additional optional services may be provided at the discretion of the contractor.
5. Sample of CONTRACTOR’s proposed detailed Service Report.
6. CONTRACTOR’s Listing of Subcontractors
If any portion of the work is to be performed by a subcontractor, then the CONTRACTOR shall provide the name the contractor is licensed under; the license number and class; contact name, address, phone and email address; and the type and portion of work the subcontractor will perform.
7. Proof of Insurance
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Provide documentation showing proof of insurance coverage limits, which must meet or exceed coverage limits detailed in the Draft Agreement. Failure to disclose proof of insurance will result in a Proposal deemed as non-responsive.
B. Statement of Compliance
The Statement of Compliance is included in this RFP and is mandatory.
C. Cost File
The Cost File is available for download from the City of Murrieta PlanetBids portal as part of this RFP. Please complete the Cost File electronically (for legibility and accuracy), print and sign, and upload as a file to the Portal.
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TERMS AND CONDITIONS
I. Acceptance of Terms and Conditions
Submission of a proposal indicates acceptance by the company submitting the proposal of the terms, conditions and specifications contained in this RFP and Draft Agreement, unless clearly and specifically stated otherwise in the completed Statement of Compliance.
II. Precedence of Terms and Conditions
All other terms and conditions of the Draft Agreement attached within this RFP are hereby incorporated into the terms and conditions of this RFP. In the event of a conflict of terms and conditions between the RFP docume nt and the Draft Agreement, the terms and conditions expressed in the Draft Agreement shall take precedence.
III. Public Record
Upon submission of a proposal and other materials for consideration by the City, such proposals and materials shall become the p roperty of the City of Murrieta . Proposals may be subject to pu blic inspection and d isclosure pursuant to state and federal law after the award of a contract for this Proj ect. Prior to the RFP deadline, proposals may be modified or withdrawn by an authorized representative of the Proposer by written notice to the City.
IV. Availability of Records
All relevant documents pertaining to this RFP and pr ocurement process shall be made available by the City upon successful conclusion of the entire procurement process.
V. Late Proposals
Any proposal which is not received by the City prior to the deadline date and time set forth in this RFP shall not be considered. The City assumes no responsibility or liability for the transmission, delay, or delivery of a proposal by either public or private carriers.
VI. Specificity of Information
No verbal or written information which is obtained other than through this RFP or its addenda shall be binding on the City. No employ ee of the City is authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to that contained in or amended to this written RFP document.
VII. Errors and Omissions
This RFP cannot identify each specific, individual task required to successfully and completely implement this Project. The City relies on the professionalism and competence of Proposers to be knowledgeable of the general areas identified in the scope of work and DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 456
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to include in their proposals all materials, equipment, required tasks and subtasks, personnel commitments, man -hours, labor, direct and indirect costs, etc. Proposers shall not take advantage of any errors and/or omissions in this RFP document or in the firm’s specifications submitted with their proposals. Where such errors or omissions are discovered by the City, full instructions will be given by the City in the form of an addenda.
VIII. Proposal Validity
Unless otherwise noted by the Proposer, all proposals shall be held valid for a period of 90 days.
IX. Right of Rejection
The City reserves the right to: (1) Accept or reject any and all proposals or any part of any proposal, and to waive minor defects or tech nicalities in such; (2) Request clarification of any information contained in a proposa l; (3) Solicit new proposals on the same project, or on a modified project, which may include portions of the original RFP as the City may deem necessary; (4) Disregard all non-conforming, nonresponsive, or conditional proposals, (5) Reject t he response of any proposer who does not pass the evaluation to the City’s satisfaction, (6) Allow for the correction of errors and/or omissions; (7) Select the proposal that will best meet the needs of the City, and (8) Negotiate service contract and terms with the successful Proposer.
X. Right of Rejection of Lowest Fee Proposal
The City is under no obligation to award this project to the Proposer offering the lowest fee proposal. Evaluation criteria expressed in this RFP solicitation shall be used in the proposal evaluation process. In evaluating proposals, the City may consider the qualifications of the proposers and whether the propo sals comply with the prescribed requirements. The size and scope of the Project at hand may dictate the degree to which Qualifications-Based Selection processes are utilized.
XI. Non-Compliance
Proposers and/or proposals that do not meet the state d requirements for this Project may be considered noncompliant and may be disqualified, unless such noncompliance is waived by the City. During the evaluation process, the City reserves the right to request additional information or clarification from those submitting proposals, and to allow corrections of errors and/or omissions.
XII. Exceptions to Proposal Requirements
Proposers may find instances where they must take exception with certain requirements or specifications of the RFP and/or Draft Agreement. All exceptions shall be clearly identified using the Statement of Compliance, and written explanations shall include the scope of the exceptions, the ramifica tions of the exceptions for the City, and a des cription of the DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 457
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advantage to be gained or disadvantages to be incurred by the City as a result of these exceptions.
XIII. Determination of Responsiveness and Responsibility The City shall have sole authority in determining the responsiveness and resp onsibility of any and all Proposals. For Proposals containing exce ptions to specifications and/or requirements, the City shall have sole authority in determining the extent to which exceptions affect the responsiveness and responsibility of any and all Proposals.
XIV. Obligation to Award
The City is not obligated to enter into a Contract or Agreement on the basis of any proposal submitted in response to th is RFP. City reserves the right to award multiple contracts for this Project if is deemed most advantageous to the City.
XV. Proposer Reimbursement Prohibition
The City will not pay for any information herein requested, nor are they liable for any costs incurred by any vendors prior to award of a contract or purchase order. The City may require the finalist proposer(s) to pr ovide on -site presentations and demonstrations of the product(s)/service(s) propose d by the proposer(s). All costs associated with the demonstrations or follow-up interviews are the sole obligation of the proposer(s).
XVI. Gratuity Prohibition
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City for the purpose of influencing consideration of this proposal.
Submission of a Proposal indicates Proposer certifies that they have not paid nor agreed to pay any person, other than a bona fide employee, a fee or a brokerage resulting from the award of the contract.
XVII. Contact with City Personnel or Entities
During the RFP procurement process, proposal evaluation process and proposal selection process, the RFP Administrator is to serve as the primary point of contact for any and all matters pertaining to this RFP and Project. Proposers shall not contact any City personnel or entities other than the R FP Adminis trator for matters regarding this Project until conclusion of the entire procurement process, which shall be defined as Agreement Award.
Unauthorized contact may result in disqualification of Proposals.
XVIII. Indemnification
Proposer, at its ow n expense and without exception, shall indemnify, defend and pay all damages, costs, expenses, including attorney fees, and otherwise hold harmless the City, its employees, and agents, from any liability of any nature or kind in regard to the delivery DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 458
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of these services. Submission of a Pro posal indicates Proposer waives the right to claims for damages of any nature, whatsoever, based on the Proposal solicitation and/or selection process.
XIX. Insurance Requirements
The selected Contractor(s) for this Project shall be requ ired, prior to the execution of a Contract, to furnish proof of insurance. The spec ific insurance types and limits depend on the Project and can be found in the Draft Agreement of this RFP solicitation.
XX. Compliance with All Applicable Laws
Proposer declares that it shall comply with all licenses, statutes, ordinances, regulations and requirements of all governmental enti ties, including federal, state, county or municipal, whether now in force or hereinafter enacted, including, but not limited to, appropriate Contractor licensing, permits and business licensing.
XXI. Inclusive Proposal Pricing
Proposal pricing shall include any and all applicabl e licenses, insurance coverage, endorsements, bonding and if necessary, any w age complia nce deemed necessary to perform the Work or Services as part of the Project d escribed in this RFP. City will not be responsible for reimbursing Contractors for any charges not included in the Proposal pricing that are incurred in securing these requirements.
XXII. Subcontractor/Joint Ventures
The selected Contractor shall be the Prime Co ntractor performing the primary functions of the Agreement. If any portion of the Agreement is to be performed by a subcontractor, this must be clearly set forth in the Proposal submittal as to what part(s) is/are to be delegated.
The City reserves the right to reject any Proposal wherein use of subcontractors significantly affects the ability of the Proposer to function as th e Prime Contractor on the awarded Agreement. The Prime Contractor will at all times be responsible for the acts and errors or omissions of its subcontractors or joint participants and persons directly or indirectly employed by them. Acceptance or rejection of a Proposer’s request to use subcontractors is at the sole discretion of the City.
XXIII. Prevailing Wage
This project is subject to the Prevailing Wage standards set forth by the State of California Department of Industrial Relations.
XXIV. Addenda
The City may modify this RFP, any of its key action dates, or any of its attachments, prior to the proposal submittal date. Addenda will be numbered consecutively as a suffix to the RFP DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 459
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Reference Number. It is the Proposer’s responsibility to ensure they have inc orporated all addenda. Failure to acknowledge and incorporate addenda will not relieve the Proposer of the responsibility to meet all terms and conditions of the RFP and any subsequent addenda.
XXV. Cancellation
This solicitation does not obligate the Ci ty of Murrieta to enter into an agreement. City of Murrieta retains the right to cancel this RFP at any time, should the project be canceled, City of Murrieta loses the required funding, or it is deemed in the best interest of the City of Murrieta. No obligation, either expressed or implied, exists on the part of the City of Murrieta to make an award or to pay any cost incurred in the preparation or submission of a proposal.
XXVI. Execution of the Agreement
The Agreement shall be signed by the Proposer a nd returned, along with the required attachments to the City of Murrieta within 10 working days. The period for execution may be changed by mutual agreement of the parties. Agreements are not effective until approved by the appropriate City of Murrieta o fficials. Any work performed prior to receipt of a fully executed Agreement shall be at Proposer's own risk.
XXVII. Failure to Execute the Agreement
Failure to execute the Agreement within the time frame identified above shall be sufficient cause for voiding the award. Failure to comply with other requirements within the set time shall constitute failure to execute the Agreement. If the successful Proposer refuses or fails to execute the Agreement, the City of Murrieta may award the Agreement to the next qualified highest ranked Proposer.
XXVIII. Non-Endorsement
If a proposal is accepted, the Proposer shall not issue any news releases or other statements pertaining to the award or servicing of the agreement which state or imply City of Murrieta endorsement of Proposer’s services.
XXIX. Conflict of Interest
The City requires a Statement of Economic Interests (Form 700) to be filed by any proposer who is involved in the making, or participation in th e making, of decisions which may foreseeably have a material effect on any City financial interest [reference Government Code § 82019].
The City reserves the right to prohibit participation by the proposer in submitting a proposal for or providing services, goods or supplies, or any other related action, which is required, suggested or otherwise deemed appropriate in the end product of this contract.
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SCOPE OF SERVICES
A. General Description
The traffic signal maintenance contractor ("Contractor") shall perform routine schedule maintenance, extraordinary, emergency repairs and technical support for the City of Murrieta's ("City") traffic signal systems, interconnect, radar feedback signs, school zone flashing warning lights, safety lighting, reflective street name signs (at signalized intersections only), and all appurtenant equipment. Contractor shall furnish and have accessible all required tools, equipment, apparatus, facilities, skilled labor, services, and material, to perform all work necessary to maintain in a good and workmanlike manner traffic signal facilities in accordance with the proposal and the defined scope of work. Traffic signal systems shall include but not be limited to all traffic signal indications, traffic signal controllers, electrical service, battery back- ups, electrical or mechanical traffic control or traffic devices, traffic poles, emergency vehicle pre-emption equipment, interconnect, cabinets, splice pedestals, CCTV cameras, reflective street name signs and all related hardware at all City signalized intersections.
As specified herein, the Contractor shall maintain traffic signal systems to eliminate or reduce the incidences of malfunctions, reduce operational complaints, and maintain equipment in proper working order. Required normal working hours for maintenance coverage is from 7:00 a.m. to 5:00 p.m. Monday through Friday; however, twenty-four hour (24), on-call response to City's request for maintenance and repair services is required. In general, routine responses related to these maintenance functions during normal working hours and maintenance requiring scheduled night surveys shall be considered normal scheduled maintenance work. All extraordinary and emergency work performed outside these specified hours and on holidays shall be paid at the approved overtime rates.
All identified City intersections per this agreement shall be regularly patrolled by Contractor or its representative with verified monthly inspections per an established checklist. The Contractor shall recognize these traffic signals, warning devices, and safety lighting as critical safety devices to the public; timely response to requests and completion of final repairs is imperative.
B. Specifications
All signal work shall be performed in accordance with the current Standard Plans and Section 86 of the Standard Specifications for the State of California, Department of Transportation(latest edition), and "Greenbook" Standard Specifications for Public Works Construction (latest edition), and the current City Standard Plans. All work performed or equipment or parts supplied by Contractor shall be subject to applicable Federal and State Standards, approved proposals, contract documents, City inspection, and approval by the City, its Director of Public Works, or his authorized representative.
Failure to pass inspection on any maintenance, repair and service item will result in nonpayment for that item until such time as the Contractor can complete the item to the satisfaction of the City.
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C. Compensation for Maintenance
City will compensate Contractor for monthly routine maintenance at the contract monthly unit price (lump sum). Said compensation shall include all labor, materials, equipment, overhead and profits to perform the routine service and no extra compensation will be allowed.
Extraordinary maintenance shall be invoiced at the established rates per Exhibit B and shall include all labor, materials, equipment and profit. All items not covered shall require a negotiated price and approval by the Director of Public Works or his authorized representative.
All extraordinary maintenance requires City authorization prior to beginning the work unless the work is an emergency repair required to restore the safe operation of the traffic signal system.
Contractor shall still submit the appropriate documentation for subsequent authorization of the emergency work including photos of any visible damage with details of any final repairs that might be required including a schedule for completion. City reserves the right to separately bid extraordinary maintenance work to other firms in the event a negotiated price or schedule of completing repairs cannot be reached which is acceptable to both parties or is deemed by the City to exceed the terms of the current Contract. Contractor may be required to assist or support other firms selected by the City as requested.
I. CONTRACTOR REQUIREMENTS
A. Facilities
The Contractor shall at all times maintain local facilities where assigned personnel have access to all required tools, equipment, apparatus, facilities, skilled labor, services, and material, to perform all work within the required response times necessary to maintain in a good and workmanlike manner all traffic signal systems, interconnect, flashing warning lights, school zone flashing warning lights, safety lighting, reflective street name signs, and all appurtenant equipment in accordance with the proposal and the defined scope of work.
The Contractor shall be equipped with spare parts sufficient to return a defective signal to operation following ordinary trouble calls.
The Contractor shall provide to the technicians assigned to the City digital cameras that can clearly record damaged or inventoried equipment and provide visual records relating to work requests submitted to the City.
The Contractor shall have available adequately skilled personnel and proper lab testing facilities to perform inspection of new controller mechanisms including controller units, auxiliary equipment, and traffic control appurtenances. All testing and test facilities shall conform to State of California, Department of Transportation (Caltrans) current specifications for controllers.
B. Personnel
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The Contractor shall provide at least one (1) full-time Transportation System Electrician to perform normal scheduled and extraordinary/emergency maintenance duties. Normal scheduled maintenance services shall be provided during the normal 7:00 a.m. to 5:00 p.m. weekday working hours of this contract. In addition, these positions may be required to perform extra work or additional repairs at the request of the Director of Public Works or designee. The Transportation System Electricians shall be certified or licensed according to State of California requirements for electrical workers, and shall have current certification of at least Level II Traffic Signal Technician or higher from the International Municipal Signal Association (IMSA) throughout the entire duration of the contract.
The Contractor shall provide City with documentation on the approved electricians including copies of their licenses or certifications, assigned service vehicle information and contact information. All technicians shall be equipped to perform all required duties of the trade at all times. Reports accounting for one-hundred percent (100%) of assigned technician time shall be submitted weekly as outlined in this scope of work.
The Contractor shall also provide support personnel of an appropriate craft to complete work not requiring the services of a certified Transportation System Electrician to be deployed on an as- needed basis such as re-lamping, lens cleaning, underground services alert responses, and painting.
All personnel shall be trained in Equal Employment Opportunity policies and shall conduct themselves in a respectful and professional manner at all times. The City reserves the right at all times to concur with the Contractor's assignment of personnel to the City. If requested by the City, the Contractor shall replace any personnel assigned to the City whose performance or conduct is considered unacceptable by the City, or the standards established per the contract.
C. Service Requests 24-Hour Phone Access
The Contractor shall maintain a single, attended (real person contact) local telephone number where they can be reached twenty-four (24) hours a day, seven days a week to provide maintenance and repair services as requested by the City, including replacement of burned-out vehicles indications, adjustments of turned signal heads, repair of controller malfunctions or any damage creating a public hazard. This telephone number shall be made available to all persons designated by the City.
The Contractor shall maintain and provide mobile communication that permits City direct phone and email communications with all supervisors and technicians assigned to the City and their designated representatives. This includes providing equipment for their receipt and responses to emails in addition to phone calls while in the field.
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D. Response Criteria for Requested Services
Whenever the Contractor receives requested service calls from the City or its designated representatives, Contractor shall provide immediate response to emergency calls and dispatch the qualified personnel and equipment to reach the site within one (1) hour of notification during normal working hours of the Contract, and within two (2) hours during non-working hours of the Contract, including Saturdays, Sundays, and holidays. Contractor is required to provide the reporting party with an estimated time of arrival.
As part of emergency response, Contractor may be required to respond to accidents at signalized intersections to inspect and/or repair traffic signal system, equipment, and operation.
Contractor shall perform a complete preventive maintenance check as outlined in this scope of work, thoroughly examining and inspecting all equipment at the location for physical damage or equipment malfunctions including a complete check of the controller and conflict monitor.
Photos shall be taken of any damage and submitted with a written report summarizing the results of the examination and inspection. These reports and photos shall be submitted within five (5) calendar days. A request for authorization for the emergency work and needed repairs shall also be submitted with the required report and photos.
E. Additions to System
Contractor shall maintain, at the same unit price, additional traffic signals and appurtenant devices as they are installed, or become a part of the maintenance requirements of the City. In the event that notification is made of a new installation at other than the beginning of a monthly period, the unit cost of routine maintenance will be prorated from the day the Contractor is notified.
F. Maintenance Records
Contractor shall maintain a record of all service calls and work performed upon the signal equipment listing dates, hour of day, and description of work or work performed. All proposed forms shall be submitted by the Contractor to the City for its approval prior to use.
1. Each Intersection. The Contractor shall keep current, a permanent operational record of each and every piece of traffic control or safety equipment which the Contractor is required to maintain by this contract, including but not limited to, vehicle and pedestrian timing sheets, detectors, cabinet wiring, interconnect equipment, battery strength, pre-emptive control, or similar equipment.
The Contractor shall maintain a separate record at each intersection detailing monthly maintenance, inspections, and repairs of controller and related equipment. All entries shall be made on a standardized form, legible and made in chronological order on the sheet in indelible ink. The required entry shall include date, time, reason for visit, observations and/or work performed, and initials of individual making the entry. A copy of such record shall be maintained at all times within the controller cabinet at each signal location.
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2. Office Records. The Contractor shall maintain a complete set of records for all locations noting all inspections and repairs completed. A separate daily log or diary for every person and vehicle employed on the contract shall also be maintained. Said log or diary shall fully describe the work or service performed by each individual on each piece of equipment and show all chargeable time to this contract for every twenty-four-hour (24} period. This record shall include the date and time of day the work was performed at each intersection, the description of work performed, and the name of the technician(s) that performed the work.
Upon request, the Contractor shall provide monthly summaries accounting for one hundred percent (100%) of the work hours of the assigned technicians and related staff assigned to the City. This shall include all assignments per the City's scope of work and any shared time staffing other contracts. Failure to comply will delay payment of the monthly invoices.
3. Activities Report. Two monthly reports providing a complete record of all work performed on the City's Traffic Signal Facilities and a status of pending work orders shall be attached to each associated monthly invoice. The Activities Report is considered part of the routine monthly maintenance; therefore, invoices will not be paid until these summary reports have been received. The monthly Activities Report submitted with each invoice shall include:
Location of each separate service
Date and approximate time for the service
Reason for the service
Identification of the type of service (Routine, Extraordinary and/or Emergency) Status of repair (complete or temporary)
For Temporary - Estimated date of final repairs
Who called in the request for service
Name of technicians(s) performing the service
Number of hours spent for each service
With each monthly invoice, the Contractor shall provide a monthly status report of open or incomplete work orders. This shall include any work that has been identified pending approved maintenance/repairs, temporary repairs, or maintenance pending delivery of equipment. The report shall include:
Location of pending work
Date of authorization
Reason the work is incomplete
Estimated date when the service will be completed
4. Citywide Underground References. Contractor shall be responsible to maintain copies of City records for performing the required underground marking of facilities including, but not limited to, traffic signal and interconnect plans. The Contractor shall also note any corrections to these records or location of traffic signal facilities that have been identified by DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 465
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Contractor for future use. Copies of these updates to the records shall be transmitted to the City with the monthly invoices.
G. City Notification of Changes in Traffic Signal Equipment or Operation Contractor shall notify by telephone and/or email within twenty-four (24) hours of the next business day the Director of Public Works or his authorized representative regarding alterations of the operation of any signal or the installation/removal of any substitute controller or component.
H. Shut Downs
Contractor shall notify Murrieta's Police Services and the Director of Public Works, or his authorized representative, of any signal turn-offs or turn-ons necessitated by his operations and shall not make said turn-offs or turn-ons until a police officer is present or unless given permission to proceed without police control by the Director of Public Works or his authorized representative.
I. Type of Signal System Equipment
The fee prices for both the routine and extraordinary maintenance shall apply to all types of signal controllers, accessories and systems as may exist in the City now or that may be installed during the life of the Contract. At no additional compensation, the Contractor shall provide training and certifications to the personnel assigned to the City in maintenance and operation of the current City traffic signal equipment and related systems as needed.
J. Warranty Service
Newly installed traffic signal components typically carry a one (1) year warranty provided by the manufacturer and/or installing company. During the warranty period, Contractor is expected to coordinate warranty repairs (including packing, shipping and receiving assets) with the appropriate manufacturer and/or installing firm. The Contractor shall notify the City of any undue delays in response by these other responsible parties in responding to warranty requests and provide a detail summary of the incident.
K. Traffic Control
Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic at all times and conduct its operation as to cause the least possible obstruction and inconvenience to public traffic. No lane closures will be permitted between the hours of 7:00 a.m. and 9:00 a.m. or 3:00 p.m. to 6:00 p.m. unless an emergency exists and such a closure is necessary to safeguard the traveling public.
The Contractor shall furnish, erect and maintain such fences, barriers, lights, warning devices and signs in compliance with Part 6 "Temporary Traffic Control" of the current "California Manual of Uniform Traffic Control Devices" (MUTCD-Latest Version) published by the State of California, Department of Transportation, the standards as contained in the "Work Area Traffic Control Handbook" (WATCH-latest edition) published by Building News Inc., or as may be DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 466
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deemed necessary by the Director of Public Works to give adequate warning to the public at all times that the road or street is obstructed and of any abnormal conditions to be encountered as a result thereof.
All trucks shall be equipped with a minimum of eight (8) STOP signs and small barricades, with battery powered flashing beacons, or stands that can be placed in the intersection during an emergency response or "blackout" intersection as needed. Each vehicle used to place and remove components shall be equipped with a flashing arrow board, which shall be in operation when the vehicle is being used for placing, maintaining, or removing components.
II. ROUTINE MAINTENANCE
The Contractor shall provide a continuing, comprehensive, routine maintenance program designed to eliminate or reduce the incidents of malfunctions, operational complaints and extend the useful life of the equipment. Contractor shall inspect, clean, vacuum and if necessary adjust all traffic signal control equipment to meet manufacturer's original specifications at each signalized intersection once each calendar month. The monthly inspection and cleaning of cabinets shall include the repair/replacement of parts in controller cabinet, detector loop patching, cleaning and realignment of signal indications, continuity checks, testing of the City's signal interconnect system, testing and repair of battery back-up systems, LED and pedestrian indication replacements (labor), rewiring, concrete and foundation repairs, and lamping to maintain existing operation. The Contractor shall be financially responsible for equipment determined to be damaged or affected due to neglected regularly scheduled maintenance.
A. Monthly Inspection
Radar Feedback Signs: Inspect the operation of any radar speed signs and make any repairs as required. Contractor shall update the programming on an annual basis based on the local school bell schedule. Contractor shall also update the programming for daylight savings twice per year. Inspect pole, anchor bolts, back plates, visors, brackets and wiring. Remove all graffiti and stickers; clean front sign panel, speed limit sign and amber LED lights.
School Zone Flashing Warning Lights: Contractor shall inspect the operation of the school zone flashing warning lights and make any repairs or replacement of lights as required. Inspect pole, anchor bolts, back plates, visors, brackets and wiring. Remove all graffiti and stickers; clean front sign panel, speed limit sign, solar panel and amber LED lights.
Signalized Intersections: Contractor shall inspect, clean, adjust and make a routine inspection of each traffic signal location once per month per the approved proposal. Contractor agrees that it will maintain a record in each controller cabinet showing the date and time checked.
Controllers shall not be replaced, except for repair, without prior approval of the City.
The Contractor shall submit a standard checklist for inspections and tasks that are conducted at each intersection, which shall include but not be limited to the following:
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RFP 22-100, TRAFFIC SIGNAL MAINTENANCE SERVICES
1. Clean the inside and outside of all controller cabinet assemblies, electrical service, battery back-up cabinets, and interconnect cabinets, removing any foreign material including graffiti. Tighten all electrical termination and check all Ethernet connections.
Inspect/protect all related facilities for/from ant, bug, or rodent infiltration. Rust and water damage shall be reported to the City in the monthly report.
2. Check the timing of individual signal phasing and integral timing circuits for the correct operation per the timing sheet.
3. Check and verify timing of yellow (clearance) intervals on all phases by stopwatch per the timing sheet.
4. Check and set, if necessary, all real-time digital clocks to the National Bureau of Standard time.
5. Check detector units and systems including but not limited to inductive loops, video detection, and pedestrian push buttons for correct detection of both vehicles and pedestrians and adjust or repair as necessary to restore intended operation. This includes the splicing (or re-splicing) of detector loops and the replacement of pedestrian buttons as needed.
6. Inspect all relays, clocks, dials, motors, switches, and similar equipment for all components of the traffic signal systems. Make routine adjustments or minor repairs as needed.
7. Walk all approaches of the intersection and visually inspect all signal poles, mast arms, signal head and indications (including programmed visibility indications), traffic control signs, pedestrian signals, reflective street name signs, loop sealants, loop stubouts, pull box covers, and any other devices to verify the correct condition, placement, and/or operation. Any traffic signal or illuminated indication that is burned out or has reached 80 percent depletion curve shall be replaced. All traffic heads and pedestrian heads found out of alignment shall be properly aligned and secured.
Check all traffic signal indication visibility at approach distances, remedy, or report visibility deficiencies to the City immediately. Missing signs including pedestrian push button plates shall be replaced. Cracked or damaged loop sealants shall be re- sealed. All other equipment found loose, missing or damaged shall be secured, replaced, or repaired.
8. Immediately correct all safety deficiencies found during routine inspection and submit work authorizations request to the City to schedule non-emergency work.
9. Check all traffic signal controller communication equipment for proper operation, verify correct IP addresses (controller) and adjust or repair as needed. Replacement of Ethernet switches shall be coordinated with the City and subject to its approval.
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RFP 22-100, TRAFFIC SIGNAL MAINTENANCE SERVICES
Contractor shall test and make any repairs or adjustments. The City reserves the right to contract this work out to others. Contractor may be required to provide assistance to the City or other firms selected by the City to trouble-shoot Ethernet connections and fiber optics as requested.
10. Check Battery Back-up Systems for proper operation and connections including checking and recording operational voltage range of all batteries, and adjust or repair as needed. The date of new battery installations shall be recorded in the traffic signal cabinet and in the monthly status reports to track the frequency of their required maintenance. The Contractor shall notify the City of non-operable or low-output batteries within twenty-four (24) hours. The replacement of batteries shall be considered extra work and will require approval by the City. If batteries are found to be "exploded" or cracked, the Contractor may be responsible for the cost of the replacement if it is determined that they have not been properly inspected or maintained.
11. Check the operation of any Emergency Vehicle Pre-Emption equipment in the cabinet and located within fire stations.
12. Inspect CCTV cameras for correct operation. Check for damage to wiring or housing and clean lens with appropriate equipment.
B. Quarterly Maintenance (Every Three Months)
1. Cabinet door locks and padlocks shall be lubricated with graphite lubricant or equivalent and maintained in good working order. Any missing or damaged locks shall be replaced and/or repaired.
C. Semi Annual Maintenance (Every Six Months)
1. Air Filters: Contractor shall replace the air filter elements in all traffic signal and battery backup cabinets so equipped every six (6) months.
2. Battery Back-Up System: Traffic signal battery back-up systems shall be checked by electrical bypass for appropriate operation per the manufacturer's specifications. The City shall approve the schedule prior to the commencement of work. Contractor shall also review and prepare a report of annual replacement of batteries by location and submit to the City.
D. Annual Maintenance
The following tasks required once a year shall be included in the established monthly fees for routine maintenance.
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RFP 22-100, TRAFFIC SIGNAL MAINTENANCE SERVICES
1. Conflict Monitor: Contractor shall test conflict monitors using the MT-180 or equivalent conflict monitor tester on an annual basis. Contractor shall supply a report for each test conducted. The test shall be conducted utilizing a replacement monitor (like kind) to monitor the intersection while the test is being conducted. The testing shall take place on a schedule approved by the City. Testing of conflict monitors shall be included in the lump sum bid for extraordinary maintenance. Any conflict monitor that does not pass the test shall be repaired or replaced and billed as extraordinary maintenance.
2. Emergency Vehicle Pre-emption (EVP): The optical detector lens shall be cleaned according to the manufacturer's specifications at all signalized intersections and fire- house installations throughout the City.
3. Traffic Signal Controller Software: Contractor shall annually verify and update records of current software or firmware for the McCain Type 170E controller with the 200/233 MC1 software. This includes the spare controllers that the Contractor maintains for emergency replacement of failed controllers. All updates of controllers that require shut down of the signal shall be coordinated with the City and may be required to be conducted at night. Software updates may be required as needed more frequently than once a year.
4. Painting: Contractor shall prepare and submit an annual work authorization request to the City listing cabinets (i.e., controller, splice pedestals, service) and signal head equipment that need painting as identified during the monthly maintenance reviews.
Special notification shall be provided regarding rusting or water damage.
Authorization for Contractor to proceed on the painting shall be subject to authorization per the terms of Extraordinary Maintenance. Painting to remove graffiti on signal equipment shall be performed by Contractor within twenty-four (24) hours of the observation or report. Contractor shall use the City's current paint standard color and apply paint coverage to provide uniform color on the equipment.
E. Repair and Replacement
Contractor shall replace or repair any and all defective parts of the signal system which cause signal failure or malfunction, as the occasion arises per the routine maintenance, such as the signal controller, flashers, burned-out lamps, detector loops, video detection cameras and/or units, push buttons, sensing units and wiring system, communication internal modems and/or interface units, unless the failure or malfunction falls in the category of extraordinary maintenance as defined in this Request for Proposal.
The Contractor shall complete all work within a timely manner notifying the City within twenty- four (24) hours of the next working day when any equipment is replaced with temporary replacements pending permanent repairs.
F. Loop Detector Replacement
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RFP 22-100, TRAFFIC SIGNAL MAINTENANCE SERVICES
Once it is determined by the City that the saw cut has deteriorated to a point that applying more sealant is insufficient, the loop detector shall be replaced at the bid price stated in the proposal per extraordinary maintenance.
G. Lamps and Lighting
Contractor shall furnish and replace safety lighting lamps at all traffic signals and flashers based upon an 80% depletion curve. Contractor shall clean all LED modules, test for luminescence and report any that fall outside acceptable levels according to the specifications.
Safety lighting shall be replaced with the equivalent per the existing lamp. Contractor shall clean all LED and programmed visibility lenses, align signal heads and adjust all mast-arm-mounted street name signs as needed.
The monthly routine maintenance bid price shall include lamp replacement of burned-out lights as needed. LED modules and pedestrian indication replacement modules (equipment only) are billed under extraordinary maintenance.
H. Conflict Monitors
Contractor shall test conflict monitors using the MT-180 or equivalent conflict monitor tester on an annual basis. Contractor shall supply a report for each test conducted. The test shall be conducted utilizing a replacement monitor (like kind) to monitor the intersection while the test is being conducted. The testing shall take place on a schedule approved by the City. Testing of conflict monitors shall be included in the lump sum bid for extraordinary maintenance. Any conflict monitor that does not pass the test shall be repaired or replaced and billed as extraordinary maintenance.
I. Battery Back-up Systems
Battery Back-up Systems including back-up unit and batteries shall be tested monthly in accordance with the manufacturer's recommended maintenance as a part of routine maintenance. Battery Back-Up Units and Battery Back-Up Systems' batteries shall be replaced at the bid price stated in the proposal per extraordinary maintenance.
J. Emergency Service
Contractor shall maintain a 24-hour-per-day emergency service per the provision of routine maintenance for the replacement of burned-out lamps, turned heads, and controller malfunctions. The Contractor shall make the required repairs to restore or maintain the traffic signal in good working condition. Temporary repairs may be required in the event of an accident or failure that may be covered under extraordinary maintenance. The intersections where said traffic signals are located shall be regularly patrolled by Contractor or his representatives.
Contractor shall make immediate service calls on an emergency basis, responding within one (1) hour of notification during normal working hours of the Contact, and within two (2) hours during non-working hours of the Contact, including Saturdays, Sundays, and holidays in the event of malfunctions of the controller or signal system or turned head. Contractor is required to DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 471
RFP 22-100, TRAFFIC SIGNAL MAINTENANCE SERVICES
provide the reporting party or Contact with an estimated time of arrival. The replacement of burned-out lamps need not be on emergency basis provided that there are at least two (2) indications still operative for each direction of travel. Such replacement shall be handled as soon as possible in a routine manner.
K. Payment for Routine Maintenance
Contractor shall submit separate monthly billings for routine maintenance at the Contract lump sum price per flashing beacon, per radar speed sign and per signalized intersection which shall include safety lights, per month. Said compensation shall include all labor, materials, equipment, overhead and profits for routine services in the price bid per intersection, per month, and no extra compensation will be allowed.
III. EXTRAORDINARY MAINTENANCE
Extraordinary/emergency maintenance involves the repair or replacement of equipment damaged by vehicle collisions, vandalism, civil disorder, windstorm, natural disasters, street construction or excavation. Extraordinary/emergency maintenance also includes replacements based on obsolescence, required MUTCD updates, or other unusual factors when the labor and materials necessary to ensure the safe and efficient operation of the City's traffic signal system goes beyond routine maintenance, as defined in Section ll.
Contractor shall provide extraordinary/emergency maintenance for the City's traffic signal system and related equipment. The Contractor shall prepare and submit a work order to the City providing the details and justification for the needed repairs. The work shall be subject to City authorization and will be scheduled during regular hours whenever possible, City reserves the right to separately bid extraordinary maintenance work to other firms in the event a negotiated price or schedule of completing repairs cannot be reached which is acceptable to both parties or is deemed by the City to exceed the terms of the current Contract. Contractor may be required to assist or support other firms selected by the City as requested.
Generally, extraordinary/emergency maintenance of the City's traffic signal equipment and systems will include but not be limited to:
1. Repair and/or replacement of a failed or malfunctioning signal system caused by collisions, vandalism, civil disorder, windstorm, natural disasters, street construction or excavation.
2. Modifications to traffic signal equipment such as, but not limited to, upgrades of controller cabinets and controller components.
3. Replacement of batteries for battery back-up systems.
4. LED module replacements
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RFP 22-100, TRAFFIC SIGNAL MAINTENANCE SERVICES
5. Pedestrian indication replacements
6. Painting of cabinets and signal heads
7. New lenses and framework
8. Signal loop detectors
9. Video detection cameras
10. Interconnect installation, repair, terminations, and testing of same (excludes monthly testing).
11. Replacement when said equipment becomes obsolete or deteriorates beyond repair.
Other Extraordinary Scope of Work
Contractor response to all Underground Service Alert (USA) requests/notices relating to traffic signals and interconnect shall be billed as extraordinary maintenance.
Contractor may be required to assist in the final inspection of new installation or provide interim emergency response or repairs of signals not currently owned by the City as authorized by the City.
A. Notifications
The Contractor shall report to the Director of Public Works or his authorized representative the conditions and provide satisfactory evidence that replacement is necessary per terms of Extraordinary Maintenance with cost estimates, including labor, to perform said work. Contractor shall also submit to the City photo records of damaged equipment requiring repair or replacement resulting from collisions. No work shall proceed without the Director of Public Works' or his authorized representative's written authorization, except in emergencies and/or when the immediate replacement or repairs are required to prevent injury to persons or property damage.
All items of work requested in said Extraordinary Maintenance work orders shall be completed by the Contractor to the City's satisfaction within ten (10) calendar days with exemption consideration given to work orders requiring materials to be purchased or unless specifically directed otherwise by the City. The completion of final repairs subsequent to the Contractor's initial temporary repairs shall be subject to the same ten (10) calendar days completion requirements. Should the Contractor be unable to complete the extra work within the specified time, the Contractor shall submit to the City a written explanation for the delay and an anticipated completion date for said work.
B. Emergencies
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RFP 22-100, TRAFFIC SIGNAL MAINTENANCE SERVICES
The Contractor shall respond immediately to emergency calls, such as a total blackout, when directed by the City and dispatch the qualified personnel and equipment to reach the site within one (1) hour under normal circumstances. For the emergency repair of a signal that is totally blacked out, the following procedure of traffic control shall apply:
1. The Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour under normal circumstances. The Contractor's vehicle shall carry traffic cones, etc., which shall be used when directing traffic during an emergency and/or when deemed necessary by the signal technician, the Director of Public Works or his representative.
2. If no police officer is present and temporary stop signs have been set up when the Contractor arrives at the site, the Contractor shall set up more traffic warning and control devices, if deemed necessary, and proceed to repair the signal. After the signal is back in operation, the Contractor shall remove all of the temporary traffic control devices and return those devices owned by the City.
3. If a police officer is still at the site when the Contractor arrives, the Contractor shall quickly examine the signal, evaluate the situation, and discuss it with the police officer. If the repair will take only a few minutes, the police officer may stay to continue to direct traffic while the Contractor repairs the signal. If the repair will take longer than the officer can wait, the Contractor shall immediately set up temporary stop signs and all other necessary warning devices and relieve the police officer.
4. If the Contractor representative must leave a blacked-out signal location that has stop signs, the technician shall use the police panel switch to set a flash operation when the power is restored. Contractor shall schedule a follow-up visit to turn off the flash and restore normal traffic signal operation when the power is available.
C. Underground Service Alert
The Contractor shall be the designated City representative in response to all Underground Service Alert (USA) requests/notices or at the request of City staff for the marking and protection of traffic signal underground facilities such as traffic signal and electrical conduit, interconnect facilities, loops, and other appurtenant equipment which might conflict with other right-of-way construction or repairs.
The Contractor shall be responsible for equipping its technicians with the proper locating devices and for maintaining an up-to-date or current inventory of as-builts (City to provide a set of its current records) for these facilities including field verification using these locating devices.
All updates shall be transmitted to the City in a format adequate for its records.
In the event underground equipment is damaged by construction due to the Contractor's failure to properly mark the underground facilities per the records or reasonable effort using the appropriate equipment as determined by the Director of Public Works, the costs for repairs shall be the sole responsibility of the Contractor for facilities which were not properly marked. It shall DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 474
RFP 22-100, TRAFFIC SIGNAL MAINTENANCE SERVICES
also be the Contractor's responsibility to contact requesting party in the event the scope of work is vague or incomplete.
D. Traffic Signal Master/Interconnect
Contractor shall provide trained technicians/personnel in the field who have training in the operation and integration of the QuicNet software traffic signal master system or equivalent and the related interconnect or communication system. Technicians assigned to the installation or repair of the City's interconnect shall have training or be directly supervised by a technician with experience in the installation and handling of fiber optic cable, and Ethernet equipment. If this work is subcontracted, this information shall be supplied and subject to the approval of the City.
Costs for additional assistance shall be assumed per the unit price for related interconnect.
E. Painting
Contractor shall repaint all metal standards, signal heads, back plates, visors, and controller housings as directed by the City. Repainting shall be conducted by spray painting methods with colors consistent with traffic signal standards and as approved by the City. Contractor shall annually prepare as part of the routine maintenance, a list of locations where painting may be necessary and submit to the City for work authorization for painting per extraordinary maintenance.
F. Method of Payment
Upon the receipt of an itemized invoice within thirty (30) days of completion of the work, City shall compensate Contractor for such repairs required beyond the scope of routine maintenance as follows:
1. Materials: The City shall pay to the Contractor for materials used in extraordinary maintenance the Contractor's cost from the supplier plus the percentage mark-up specified in the Contractor's bid proposal but in no case greater than 15%. All materials and parts shall be new or have the approval of the Director of Public Works, if otherwise. The City has the right to inspect the Contractor's records to verify any material costs used in extraordinary maintenance.
2. Direct Labor: Contractor shall present with its monthly invoice a record of hours spent in extraordinary maintenance of traffic signals and appurtenances per intersection. City shall pay the Contractor for such hours of extraordinary maintenance at the rates specified on Exhibit B of the Contract. Said hourly rates shall be the total cost to City. Rates shall include all compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of, workmen for health and welfare, insurance workmen's compensation, pension, vacation, sick leave, or any local, state, federal, or union tax or assessment.
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3. Equipment: City shall pay Contractor for equipment used in extraordinary maintenance on a per-hour basis as specified in Exhibit B of the Contract and per the appropriate required equipment to complete the work.
The Contractor's listing of per-hour equipment rates shall constitute total rates to be paid by City when specified equipment is used. No additional payments of any kind shall be paid for equipment except as specified on Exhibit B of the Contract for per- hour rates.
No additional compensation shall be paid for transporting the equipment to or from the job site.
IV. OTHER
A. Labor Strike
It shall be the responsibility of the Contractor to provide continuous maintenance services, without any interruption, of all traffic signals in the City. In case of any labor strikes, the Contractor shall provide other means, at its own cost, to provide comparable continuous service as if there were no strike. Failure to do so will cause the City to take whatever actions are deemed necessary to provide such service and the costs will be borne by the Contractor.
B. Performance and Payment Bonds
The Contractor shall secure the City of Murrieta for the faithful performance of its duties and payment of lawful obligations under this Contract by means of a faithful performance bond which is one hundred percent (100%) of the total contract amount and a labor and materials payment bond which is one hundred percent (100%) of the total contract amount whereby the City of Murrieta shall be made beneficiary thereof and all costs and premiums shall be paid by Contractor. Said bonds will be furnished for the term of the contract, prior to the issuance of the purchase order, and shall be issued by a surety company rated Grade A or better and Class IX or better by the latest edition of Best's Key Rating Guide.
C. Permits and Licenses
The Contractor shall procure all permits and City business license, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Contract.
No fees will be charged for City-related projects.
D. Patents
The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work.
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CITY OF MURRIETA
REQUEST FOR PROPOSAL NO. 22-100
TRAFFIC SIGNAL MAINTENANCE SERVICES
Addendum Number 1
March 29, 2022
Addendum Number 1 Items: The following questions and requests for clarifications have been received electronically from prospective proposers via the PlanetBid portal. The responses are as follows:
Q. The draft Agreement indicates that the Contractor is responsible to indemnify the City for all claims arising from the performance of the Agreement except if a Court determines that the claim was caused by the sole negligence of the City. As written, the Contractor could be held responsible for 100% of the loss in a situation where the Contractor’s actions cau sed 1% of the loss and the City’s actions caused 99% of the loss. To more fairly apportion liability, and because the Contractor has no authority to control the actions of the City, would the City consider modifying the indemnity obligation to the followi ng? - "Contractor shall . . . indemnify the CITY . . . from and against . . . Claims to the extent the Claims arise out of any negligent or wrongful act or omission by Contractor, its officers, employees, representatives, subcontractors, or agents in the p erformance under this Agreement, and except to the extent that such Claim was caused by the active negligence or willful misconduct of CITY."
A. No, the City will not alter the agreement at this stage of the process. The Agreement is in DRAFT form and any requests for changes would be made prior to the City Council approving the award of the Agreement and after the vendor has been selected to proceed with the awarding process. Proposers should use the required Statement of Compliance form to detail any exceptions with the RFP, Scope of Services or Draft Agreement.
Q. Is a bid bond required for this project?
A. No.
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REQUEST FOR CLARIFICATION:
The proposer has called out Section II Routine Maintenance under the Scope of Services:
…The monthly inspection and clean ing of cabinets shall include the repair/replacement of parts in controller cabinet, detector loop patching, cleaning and realignment of signal indications, continuity checks, testing of the City's signal interconnect system, testing and repair of battery back-up systems, LED and pedestrian indication replacements (labor), rewiring, concrete and foundation repairs, and lamping to maintain existing operation. The Contractor shall be financially responsible for equipment determined to be damaged or affected due to neglected regularly scheduled maintenance.
The Proposer asks the following questions related to the above referenced section:
Q. Are the highlighted items to be included into the monthly maintenance Fee? (All Labor, Materials & Equipment)?
A. No. Any equipment that has been found in need of repair will be considered extraordinary and will be billed at the amount indicated on the cost file for that item, or an agreed upon cost if not found on cost file.
Q. f so please define what “Rewiring, concrete and Foundation repairs” These Cost can be as little as $25 to as much as $25K with a wire pull of an intersection?
A. This was answered above.
Q. In regards to the financially responsible due to neglect verbiage at what point would this apply to the new contractor being that the current conditions are unknown?
A. The expectation is the selected vendor the City enters into agreement with will document any issues en countered when the vendor completes the first monthly inspection of equipment at each facility. That documentation of the initial inspections will be provided to the City prior to the start of the following month’s inspections.
REQUEST FOR CLARIFICATION:
The proposer has called out sub paragraphs 5, 7, 9 & 10 of Paragraph A Monthly Inspection, Item Signalized Intersections, of Section II Routine Maintenance:
5. Check detector units and systems including but not limited to inducti ve loops, video detection, and pedestrian push buttons for correct detection of both vehicles and pedestrians and adjust or repair as necessary to restore intended operation. This includes the splicing (or re -splicing) of detector loops and the replacement of pedestrian buttons as needed.
The Proposer asks the following questions related to the above referenced section:
Q. Are these items highlighted, and underlined to be included in the monthly fee (all cost LME)?
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A. These would be considered extraordinary maintenance and be billed accordingly.
7. Walk all approaches of the intersection and visually inspect all signal poles, mast arms, signal head and indications (including programmed visibility indications), traffic control signs, pedestrian signals, reflective street name signs, loop sealants, loop stubouts, pull box covers, and any other devices to verify the correct condition, placement, and/or operation.
Any traffic signal or illuminated indication that is burned out or has reached 80 percent depletion curve shall be replaced. All traffic heads and pedestrian heads found out of alignment shall be properly aligned and secured. Check all traffic signal indication visibility at approach distances, remedy, or report visibility deficiencies to the City immediately. Missing signs including pedestrian push button plates shall be replaced. Cracked or damaged loop sealants shall be re-sealed. All other equipment found loose, missing or damaged shall be secured, replaced, or repaired.
The Proposer asks the following questions related to the above referenced section:
Q. Are these items highlighted, and underlined to be included in the monthly fee (all cost LME)?
A. These would be considered extraordinary maintenance and be billed accordingly.
9. Check all traffic signal controller communication equipment for proper operation, verify correct IP addresses (controller) and adjust or repair as needed. Replacement of Ethernet switches shall be coordinated with the City and subject to its approval. Contractor shall test and make any repairs or adjustments. The City reserves the right to contract this work out to others. Contractor may be required to provide assistance to the City or other firms selected by the City to trouble-shoot Ethernet connections and fiber optics as requested.
The Proposer asks the following questions related to the above referenced section:
Q. Are these items highlighted, and underlined to be included in the monthly fee (all cost LME)?
A. These would be considered extraordinary maintenance and be billed accordingly.
10. Check Battery Back-up Systems for proper operation and connections including checking and recording operational voltage range of all batteries, and adjust or repair as needed. The date of new battery installations shall be recorded in the traffic signal cabinet and in the monthly status reports to track the frequency of their required maintenance. The Contractor shall notify the City of non-operable or low-output batteries within twenty-four (24) hours. The replacement of batteries shall be considered extra work and will require approval by the City. If batteries are found to be "exploded" or cracked, the Contractor may be responsible for the cost of the replacement if it is determined that they have not been properly inspected or maintained.
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The Proposer asks the following questions related to the above referenced section:
Q. At what point would this apply to the new contractor being that the current conditions are unknown?
A. The expectation is the selected vendor the City enters into agreement with will document any issues en countered when the vendor completes the first monthly inspection of equipment at each facility. That documentation of the initial inspections will be provided to the City prior to the start of the following month’s inspections.
REQUEST FOR CLARIFICATION:
The proposer has called out what City staff assumes is an item related School Zone Flashing Warning Lights, of Section II Routine Maintenance:
Inspect the operation of the flashing beacons and make any repairs or replacement of lights as required.
The Proposer asks the following questions related to the above referenced section:
Q. Are these items highlighted, and underlined to be included in the monthly fee (all cost LME)?
A. These would be considered extraordinary maintenance and be billed accordingly.
REQUEST FOR CLARIFICATION:
The proposer has called out Item 1, Paragraph D (Annual Maintenace), of Section II Routine Maintenance:
1. Conflict Monitor: Contractor shall test conflict monitors using the MT-180 or equivalent conflict monitor tester on an annual basis. Contractor shall supply a report for each test conducted. The test shall be conducted utilizing a replacement monitor (like kind) to monitor the intersection while the test is being conducted. The testing shall take place on a schedule approved by the City. Testing of conflict monitors shall be included in the lump sum bid for extraordinary maintenance. Any conflict monitor that does not pass the test shall be repaired or replaced and billed as extraordinary maintenance.
The Proposer asks the following questions related to the above referenced section:
Q. Under the heading of Yearly Maintenance statement says” included in the Established Monthly fees” and the other states it’s a” lump sum bid Item for extraordinary” Could the City please confirm if this is to be included in the monthly maintenance fees or a once a year extraordinary item to be billed as such?
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A. The Conflict Monitor testing should be included in the Established Monthly Fees, and NOT billed as a lump sum bid item under extraordinary maintenance.
REQUEST FOR CLARIFICATION:
The proposer has called out Item 4 , Citywide Underground References, Page 1 8 of the RFP:
4. Citywide Underground References. Contractor shall be responsible to maintain copies of City records for performing the required underground marking of facilities including, but not limited to, traffic signal and interconnect plans. The Contractor shall also note any corrections to these records or location of traffic signal facilities that have been identified by Contractor for future use. Copies of these updates to the records shall be transmitted to the City with the monthly invoices.
The Proposer asks the following questions related to the above referenced section:
Q. Will the City be providing these City records at the beginning of the contract so that they can be maintained by the Contractor?
A. Yes. To clarify, the City will only have the contractor mark out facilities upon request.
REQUEST FOR CLARIFICATION:
The proposer has called out sub-paragraph 3 of Paragrpah G, Lamps & Lighting, on Page 24 of the RFP:
The monthly routine maintenance bid price shall include lamp replacemen t of burned -out lights as needed. LED modules and pedestrian indication replacement modules (equipment only) are billed under extraordinary maintenance.
The Proposer asks the following questions related to the above referenced section:
Q. Can the City please clarify if the labor, equipment and materials will be billed under extraordinary maintenance for lamp replacements of burned-out lights as needed?
A. Yes, it will be billed under extraordinary maintenance. The Unit cost for all extraordinary maintenance items shall include labor, materials and equipment for that item.
The Due Date and Time for Proposals remains unchanged on:
WEDNESDAY, APRIL 20, 2022, at 10:00 A.M.
DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 481
CITY OF MURRIETA SIGNALIZED INTERSECTIONS INVENTORY – MARCH 2022
RFP 22-100, TRAFFIC SIGNAL MAINTENANCE SERVICES
INTERSECTION ID LOCATION TURN ON PHASES CONTROLLER BATTERY BACKUP PREEMP 1 Hancock Ave & Los Alamos Ave Jul 1991 8 McCain 170E Myers Tomar 2 Los Alamos Ave & Murrieta Gateway Apr 1992 8 McCain 170E Myers 3M 3 California Oaks Rd & Lincoln Ave Jun 1992 8 McCain 170E Myers Tomar 4 Murrieta Hot Springs Rd & Alta Murrieta Dr Oct 1994 8 McCain 170E Myers 3M 5 Murrieta Hot Springs Rd & Madison Ave Sep 1994 8 McCain 170E Myers 3M 6 Murrieta Hot Springs & Whitewood Rd Oct 1994 8 McCain 170E Myers Tomar C 7 Washington Ave & Magnolia St/Nighthawk Way Apr 1995 8 McCain 170E Myers Tomar 8 Washington Ave & Kalmia St Apr 1995 8 McCain 170E Myers Tomar 9 Murrieta Hot Springs Rd & Hancock Ave Nov 1996 4 McCain 170E Myers Tomar 10 Hancock Ave & Las Brisas Ave/Coliseum (South) Jan 1996 6 McCain 170E Myers Tomar 11 California Oaks Rd & Jackson Ave Nov 1996 8 McCain 170E Myers Tomar 12 Los Alamos Ave & Madison Ave Oct 1997 8 McCain 170E Myers 3M 13 Jackson Ave & Chaco Canyon Rd Jan 1997 4 McCain 170E Myers 3M 14 Alta Murrieta Dr & Rockcrest Dr Apr 1998 4 McCain 170E Myers 3M 15 Jackson Ave & Avenida Florita Sep 1998 6 McCain 170E Myers 3M 16 California Oaks Rd & California Oaks Plaza Feb 1998 8 McCain 170E Myers 3M 17 California Oaks Rd & Monroe Ave Feb 1998 8 McCain 170E Myers 3M 18 California Oaks Rd & Clinton Keith Rd Nov 1999 4 McCain 170E Myers Tomar 19 Clinton Keith Rd & Nutmeg St Oct 1999 6 McCain 170E Myers 3M 20 Jefferson Ave & Corning Place Dec 1999 6 McCain 170E Myers 3M 21 Hancock Ave & Las Brisas Ave/Ridgewood (North) Apr 1999 6 McCain 170E Myers 3M 22 Washington Ave & Lemon St/Teneja Rd Oct 1999 6 McCain 170E Myers 3M 23 Clinton Keith Rd & Bear Creek Dr/ Calle Del Oso Oro Oct 2000 6 McCain 170E Myers 3M 24 California Oaks Rd & Skyview Ridge Jul 2000 6 McCain 170E Myers 3M 25 California Oaks Rd & Saint Rapheal Dr Jun 2002 6 McCain 170E Myers Tomar 26 Jefferson Ave & Date St Oct 2002 6 McCain 170E Myers Tomar 27 Hancock Ave & Leafwood Dr/Milkwood Ln Jun 2002 4 McCain 170E Myers Tomar 28 Madison Ave & Juniper St Aug 2002 8 McCain 170E Myers Tomar 29 Madison Ave & Lowes/Automart Aug 2002 6 McCain 170E Myers Tomar 30 Margarita Rd & Torrey Pines Rd Jul 2002 6 McCain 170E Myers 3M 31 Murrieta Hot Springs Rd & Margarita Rd Jul 2002 6 McCain 170E Dimension 3M 32 Washington Ave & Jerry Allen Ln Sep 2002 4 McCain 170E Myers Tomar 33 California Oaks Rd & Tarragona/Morning Dove Jan 2003 6 McCain 170E Myers Tomar DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 482
CITY OF MURRIETA SIGNALIZED INTERSECTIONS INVENTORY – MARCH 2022
RFP 22-100, TRAFFIC SIGNAL MAINTENANCE SERVICES
34 Kalmia St & Jefferson Ave Jul 2003 8 McCain 170E Myers Tomar 35 Kalmia St & Adams Ave Jul 2003 6 McCain 170E Myers Tomar 36 Murrieta Hot Springs Rd & School House Way Jul 2003 6 McCain 170E Myers Tomar 37 Los Alamos Rd & Whitewood Rd Sep 2003 8 McCain 170E Myers Tomar 38 Whitewood Rd & Via Cuenca Sep 2003 3 McCain 170E Myers Tomar 39 Whitewood Rd & Busman Rd Sep 2003 4 McCain 170E Myers Tomar 40 Clinton Keith Rd & Bronco Way Sep 2003 8 McCain 170E Dimension Tomar C 41 Murrieta Hot Springs Rd & Via Princesa (East) Nov 2003 6 McCain 170E Myers 3M 42 Kalmia St & Kohl's/Village Walk Dec 2003 8 McCain 170E Myers Tomar 43 California Oaks Rd & Hancock Ave Dec 2003 4 McCain 170E Myers Tomar 44 Jefferson Ave & Elm St Apr 2004 6 McCain 170E Myers Tomar 45 Murrieta Hot Springs Rd & Jefferson Ave Oct 2004 4 McCain 170E Myers Tomar 46 Murrieta Hot Springs Rd & Jackson Ave Oct 2004 4 McCain 170E Myers 3M 47 Madison Ave & Murrieta Springs Plaza Jun 2004 6 McCain 170E Myers Tomar 48 Madison Ave & Madison Square Jun 2004 6 McCain 170E Myers Tomar 49 Date St & Winchester Creek Dr Aug 2004 4 McCain 170E Myers 3M 50 Clinton Keith Rd & Murrieta Oaks Ave (East) Aug 2005 8 McCain 170E Myers Tomar 51 Clinton Keith Rd & Murrieta Oaks Ave/Greer Rd Feb 2005 8 McCain 170E Myers Tomar 52 Clinton Keith Rd & Toulon Aug 2005 6 McCain 170E Myers Tomar 53 Washington Ave & Calle Del Oso Oro Apr 2005 8 McCain 170E Myers Tomar 54 Washington Ave & Fullerton Rd Apr 2005 6 McCain 170E Myers Tomar 55 Antelope Rd & Shopping Center May 2005 6 McCain 170E Dimension Tomar 56 Calle Del Oso Oro & Via Moreno Dec 2005 6 McCain 170E Myers Tomar 57 Los Alamos Rd & Lincoln Ave Nov 2005 8 McCain 170E Myers Tomar 58 Murrieta Hot Springs Rd & Via Princesa (West) Feb 2006 6 McCain 170E Dimension Tomar 59 Clinton Keith Rd & Spinning Wheel/Copper Craft Dr Aug 2006 6 McCain 170E Dimension Tomar 60 Jefferson Ave & Guava St Jun 2006 8 McCain 170E Dimension Tomar 61 Jefferson Ave & Lemon St Sep 2006 6 McCain 170E Myers Tomar 62 Jefferson Ave & Pear St Aug 2006 6 McCain 170E Dimension Tomar 63 Jefferson Ave & Center Pointe Oct 2006 4 McCain 170E Myers Tomar 64 Jefferson Ave & Juniper St Dec 2006 8 McCain 170E Dimension 3M 65 Jefferson Ave & Ivy St/Los Alamos Ave Dec 2006 8 McCain 170E Myers 3M 66 Village Walk & Center Pointe Oct 2006 6 McCain 170E Myers Tomar 67 Calle Del Oso Oro & Vinyard Pkwy/Oakleaf Aug 2006 6 McCain 170E Dimension Tomar DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 483
CITY OF MURRIETA SIGNALIZED INTERSECTIONS INVENTORY – MARCH 2022
RFP 22-100, TRAFFIC SIGNAL MAINTENANCE SERVICES
68 McElwain Rd & Delaney Cir Apr 2007 6 McCain 170E Myers Tomar 69 McElwain Rd & Clinton Keith Rd Apr 2007 8 McCain 170E Myers Tomar 70 McElwain Rd & Orchard Center Aug 2007 8 McCain 170E Myers Tomar 71 Hancock Ave & Calle Yorba Vista May 2007 6 McCain 170E Dimension Tomar 72 Jefferson Ave & Fig St Oct 2007 6 McCain 170E Dimension Tomar 73 Margarita Rd & Grove Way Jun 2007 6 McCain 170E Myers Tomar 74 Whitewood Rd & Hunter Rd May 2007 6 McCain 170E Myers Tomar 75 Hancock & Medical Center Jun 2008 8 McCain 170E Dimension 3M 76 Margarita Rd & Fordham Way Nov 2008 6 McCain 170E Dimension 3M 77 Monroe Ave & Los Alamos Jul 2009 4 McCain 170E Tesco Tomar 78 Monroe Ave & Ram Way Jul 2009 4 McCain 170E Dimension Tomar 79 Monroe Ave & Murrieta Mesa Jul 2009 6 McCain 170E Dimension Tomar 80 Monroe Ave & Symphony Park Jul 2009 8 McCain 170E Dimension Tomar 81 Jefferson Ave & Town Square Jan 2010 6 McCain 170E Dimension Tomar 82 Jackson Ave & Nutmeg St Aug 2010 8 McCain 170E Dimension Tomar 83 Antelope Rd & Keller Rd Mar 2011 8 McCain 170E Dimension Tomar 84 Jackson Ave & Monroe Ave Apr 2011 4 McCain 170E Myers Tomar 85 Clinton Keith & Whitewood Aug 2011 8 McCain 170E Dimensions Tomar 86 Whitewood & Linnel Aug 2011 6 McCain 170E Dimensions Tomar 87 Old Antelope & Baxter Sep 2011 4 McCain 170E Dimensions Tomar 88 New Antelope & Baxter Feb 2011 4 McCain 170E Dimensions Tomar 89 Jefferson & Nutmeg Apr 2012 8 McCain 170E Dimensions Tomar 90 Jefferson & Cherry Jan 2014 5 McCain 170E Tesco Tomar 91 Whitewood & Alta Murrieta Jan 2015 4 McCain 170E Myers Tomar 92 Clinton Keith & Creighton Nov 2015 8 McCain 170E Myers Tomar C 93 Whitewood & Baxter Sep 2017 8 McCain 170E Myers Tomar 94 Whitewood & Keller Sep 2017 8 McCain 170E Tesco Tomar 95 Madison & Guava Dec 2017 8 McCain 170E Myers Tomar
96 Jackson & Allison Feb 2018 6 McCain 170E Myers Tomar 97 Clinton Keith & Menifee Jul 2018 6 McCain 170E Myers Tomar 98 Hancock & Parkcrest Sep 2018 6 McCain 170E Myers Tomar 99 Los Alamos & Hospitality Way-Monroe Sep 2019 6 McCain 170E Myers Tomar 100 Clinton Keith & Warm Springs Pkwy-Bronco Court Jan 2021 8 McCain 170E Myers Tomar C
DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 484
CITY OF MURRIETA SCHOOL ZONE FLASHER & RADAR SIGN INVENTORY – MARCH 2022
RFP 22-100, TRAFFIC SIGNAL MAINTENANCE SERVICES
ITEM TYPE Direction Street Location Cross Street
1 School Zone Flasher Southbound Washington 475’ North of Nighthawk Way 2 School Zone Flasher Northbound Washington Ave 225’ South of Fullerton Rd 3 School Zone Flasher Southbound Jackson Ave 1000’ North of Chaco Canyon Rd 4 School Zone Flasher Northbound Jackson Ave 450’ South of Chaco Canyon Rd 5 School Zone Flasher Westbound Clinton Keith Rd 200’ West of Whitewood Rd 6 School Zone Flasher Eastbound Clinton Keith Rd 325’ West of Creighton Ave 7 School Zone Flasher Southbound Whitewood Rd 200’ South of Clinton Keith Rd 8 School Zone Flasher Southbound Nutmeg St 40’ North of St. Raphael Dr 9 School Zone Flasher Northbound Nutmeg St 225’ South of St. Raphael Dr 10 Radar Westbound Branwin St 700’ West of Members Club Dr 11 Radar Westbound Hunter Rd 225’ West of Veranda Way
12 Radar Eastbound Hunter Rd 100’ East of Spur Dr
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01375.0006/794334.1 14
Exhibit B
Yunex Proposal and Cost File
DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 486
Traffic Signal Maintenance Services
for the City of Murrieta (RFP NO. 22-100)
April 20, 2022
Yunex Traffic Work Proposal
Yunex Traffic
2250 Business Way
Riverside, CA 92501
www.yunextraffic.com
DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 487
Murrieta: Traffic Signal Maintenance Services
©2022 Yunex Traffic 2
Table of Contents ................................ ................................ ................................ .................. 2 Cover Letter ................................ ................................ ................................ .......................... 3
1. Qualifications & Experience ................................ ................................ ............................ 4 a. Company Profile ................................ ................................ ................................ .......... 5 b. Company Background/History ................................ ................................ ..................... 8 c. Years in Business ................................ ................................ ................................ ........ 8 d. Company Ownership ................................ ................................ ................................ ... 9 e. Location of Company Offices ................................ ................................ ....................... 9 f. Local Offices servicing California ................................ ................................ ................. 9 g. Project Manager ................................ ................................ ................................ ........ 10 h. Technicians assigned to the City of Murrieta ................................ .............................. 12 IMSA Certificates ................................ ................................ ................................ .......... 13 Senior Management ................................ ................................ ................................ ..... 15 i. Number of employees locally and nationally ................................ .............................. 15 j. Location from which employees will be assigned ................................ ....................... 15 k. Sub-Contractors ................................ ................................ ................................ ........ 15 l. Litigation ................................ ................................ ................................ ................... 16
2. Work Management & Record Keeping ................................ ................................ .......... 16 Service Business Platform @ITS ................................ ................................ ...................... 16 Customer Portal ................................ ................................ ................................ ............... 17
3. Yunex Statement of Financial Responsibility ................................ ................................ . 19
4. Other Information ................................ ................................ ................................ .......... 19 Intent and Understanding of the Project ................................ ................................ ............ 19 Our Approach / Response Times ................................ ................................ ...................... 20 Scope of Work ................................ ................................ ................................ ................. 20 References ................................ ................................ ................................ ...................... 27 Equipment ................................ ................................ ................................ ....................... 27
5. Sample of Yunex Proposed Service Report ................................ ................................ ... 28
6. Listing of Subcontractors ................................ ................................ .............................. 29
7. Proof of Insurance ................................ ................................ ................................ ........ 29
Table of Contents
DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 488
April 20th, 2022
Mr. Brian Crawford, Management Analyst
City of Murrieta
Department of Public Works/Engineering
1 Town Square
Murrieta, CA 92562
RE: Proposal for: Traffic Signal Maintenance Services (RFP NO. 22-100)
Mr. Crawford,
Yunex LLC would like to express our sincere appreciation for the opportunity to participate in the RFP process for providing Traffic Signal Maintenance Services (routine, e xtraordinary, and emergency services) for the City’s Traffic Signal System. The prices and terms stated in our proposal package will remain in effect for 90-days from the date of submission, April 20th, 2022.
Yunex LLC is a corporation, incorporated in the State of Delaware on February 17th, 2021. Yunex LLC is a wholly owned subsidiary of Siemens Mobility, Inc. Our federal tax employer I.D. number is 86-2136678 and our corporate address is 9225 Bee Cave Road, Building B, Austin, TX 78733.
Yunex LLC is an electrical contracting firm who is a California licensed A & C -10 contractor (CA License #1080007) and is also a registered Public Works Contractor (DIR No. 1000815000 ), who provides leading edge traffic technology for the fast -paced Intelligent Transportation Systems world. Whether providing maintenance services, controllers, controller firmware, central systems, system analysis, design, or integration, Yunex LLC brings innovative and reliable solutions to customers.
Yunex’s proposed pricing will be valid for a period of five (5) years, subject to CPI increases after the third year.
Yunex plans to coordinate all activities (contract administration, staffing, material warehousing, and testing lab) out of our Riverside office (2250 Business Way, Riverside, CA 92501), which is located approximately 35 miles from Murrieta City Hall. Our o ffice can be reached by telephone (951-784-6600) or by fax (951-784-6700).
Addendum #1 (dated 03/29/22) has been received and is acknowledged.
During the evaluation, if there are any questions regarding this proposal, please feel free to contact either of us using the contact information listed below. We look forward to serving the needs of the City of Murrieta and would like to thank you in advance for your consideration.
Respectfully,
Yunex LLC
Steven Teal
Director of Service
2250 Business Way
Riverside, CA 92501
(951) 784-6600 Office
[email protected]
Yunex LLC
Michael J. Hutchens
Operations Manager
2250 Business Way
Riverside, CA 92501
(951) 784-6600 Office
[email protected]
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Yunex Traffic stands uniquely positioned to partner with the City of Murrieta for Traffic Signal Maintenance Services. In fact, we believe that our value proposition, a unique mix of corporate characteristics, industry focus, and experiences, is unmatched in the current market.
Specifically, we at Yunex Traffic believe that we are the best fit for this contract, based on 5 key attributes:
1. Corporate/Divisional Competency
2. Experience
3. Locality
4. Scalability
5. Updated Project Management
Our Corporate/Divisiona l Focus and Competency
Yunex Traffic (formerly Siemens Mobility ITS) is a major global player in the industry, driving innovation in technology and physical products that are used by partners, both public and private, throughout the world. The Field Servi ces Division at Yunex Traffic is focused on the installation, integration, and maintenance of all systems, from legacy technology to the newest and most advanced traffic management devices on the market. While this ability to work with all systems is a re quisite competency for any maintainer, Yunex Traffic is unique in its occupation of a space that straddles innovation and deployment in a field environment.
Our competitors typically focus on narrower aspects of the Traffic market: Heavy Construction, Traditional Maintenance, or Technological Innovation. By Comparison, Yunex Traffic and our Field Services division provides customers with a wide base of expertise across the spectrum of innovation, deployment, integration, and maintenance of systems and dev ices.
Our Experience
Yunex Traffic has been extremely successful in retaining traffic signal, streetlight, and engineering customers due to our desire to offer the best possible customer service. We have an exemplary customer service track-record highlighted by our well -qualified field personnel, knowledgeable customer service representatives, and proprietary detailed monthly reports. We understand what is required to maintain a community’s infrastructure and strive to exceed our customer’s expectations.
1. Qualifications & Experience
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Our Locality
Our project office, in nearby Riverside, is approximatly 35 miles from Murrieta. We are poised to react quickly with additional or specialty equipment, supplementary personnel when required, and with materials that the ci ty requires. This location is not a temporary office specific to this project; we have been firmly planted for 40 years in the area with multiple certified technicians within minutes of your city.
Our Scalability
Yunex Traffic Field Services operates maintenance and project contracts across the United States, serving more than 300 public customers. Unlike a regional player, the distributed Yunex footprint allows us to respond to emerging requirements by shifting resources to where they are needed most. We are the company you are looking for - both local and global. Since we operate in multiple markets, our personnel and equipment are not affected by the same circumstances.
Our Project Management
To provide efficient and effective project management, project progress is tracked in real time using digital tools such as Power BI, Map box, ArcGIS, and Tableau, which enable transparency between Yunex Traffic and its client, while reducing risks of delays.
a. Company Profile
Siemens ITS is now operating as a new company, Yunex Traffic, a Siemens Business. While still part of Siemens, Yunex Traffic is now a more agile company able to adapt to the needs of our clients, w hile still maintaining the powerful financial backing of S iemens. Siemens is a Fortune 50 infrastructure and technology company, with 350,000 employees in more than 200 countries and annual revenues of upwards of $80 billion. Of the 350,000 employees, 69,000 are based in the United States, and more than 200 work for Yunex Traffic in the United States.
We have unparalleled experience in providing Traffic Signal Maintenance Services. Our t eam will ensure the City of Murrieta receives the highest quality maintenance and support services .
Our goal is to exceed your expectations. Yunex Traffic is familiar with the needs of your project and the area with our project office located only 35 miles from Murrieta. Siemens and Yunex Traffic have been actively involved in roadway solutions for over 40 years.
The Yunex Traff ic Customer Service Division is a
licensed A & C-10 electrical contracting and
transportation engineering firm specializing in the
maintenance, testing, repair, upgrading and
replacement of traffic signals, streetlights, and
exterior commercial lighting. We have a broad range
of expertise and experienced personnel including
registered professional transportation engineers,
International Brotherhood Electrical Workers
(IBEW), Journeymen Electricians / Technicians and
International Municipal Signal Association (IMSA)
Certified Technicians. Our listed field technicians are already certified as “Qualified Electrical Workers”
and have the necessary IMSA certifications required
within the RFP.
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We are proud to say that we are one of the most successful traffic signal and streetlight maintenance/construction contractors in the United States. Our employees and equipment are dedicated for traffic signal maintenance and streetlight projects. We issue insulated bucket trucks to all our linemen and electricians. Each truck is equipped with all the necessary tools, equipment , and
inventory to perform 100% of project specifications, including all maintenance and repairs for traffic signals . All vehicles are appropriately marked with the company logo, Department of Transportation (D.O.T.) markings, and each employee is
issued a company phone and a laptop, or tablet computer.
As the leader in the private traffic signal and streetlight maintenance industry in the United States, Yunex Traffic can provide unparalleled expertise and outstanding value in traffic signal and street lighting related services. Among the most beneficial:
Yunex Traffic has the largest workforce of IMSA Level III Certified Technicians, NEC Certified Electricians, and construction personnel in the industry. Yunex Traffic has strategically positioned field offices with an abundance of inventory and technical resources, should the need arise.
All technicians are assigned vehicles which are taken home daily to ensure rapid response in case of emergency.
Yunex Traffic employees live in geographical areas, which allow them to respond quicker than our competition. This provides our customers with the most efficient response times in the industry.
Yunex Traffic owns and operates
approximately 100 service vehicles
(including three cranes) of
various types and sizes in the State
of California, the bulk of which are
in Southern California.
Yunex Traffic will provide and
maintain emergency service
response on a three hundred and
sixty-five (365) day basis, including
all holidays.
Yunex Traffic i s focused on delivering what your city needs the most today; safe, reliable infrastructure solutions that help decrease costs, increase revenue, and have a positive environmental impact for the City of Murrieta and its residents.
Yunex Traffic has the
largest workforce of IMSA
level III Certified Traffic
Signal Technicians and
NEC Certified Electricians
in the industry.
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b. Company Background/History
With over 98 years of experience in traffic management soluti ons and services, our roots lie in the globally respected Siemens family. From there, we have taken the comprehensive expertise in the field of intelligent traffic solutions with us in our way into the future. We enjoy an outstanding reputation as a global solution partner for future proof mobility concepts. In doing so, we combine in-depth industry experience and market leadership with the agility of a startup.
As you will see from the graphic below, Yunex Traffic has had a long and storied history in traffic signal and customer service.
c. Years in Business
Yunex currently maintains streetlights, traffic signals, and other related equipment for over 1 38 agencies encompassing over 4,000 signalized locations of various sizes from full function intersections to in-pavement flashing crosswalks and rapid flashing beacons . We are dedicated to meeting and exceeding the challenging public safety requirements associated with our industry. We have been in the traffic signal maintenance industry worldwide for over 50 years. In the United States, we have been in business for over 40 years servicing numerous contracts throughout the country.
Siemens has been in
business for over 180 years.
We have been operating
under the name Yunex
Traffic, A Siemens Business
for 1 year
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d. Company Ownership
Firm Name: Yunex LLC, DBA, Yunex Traffic, A Siemens Business Address: 9225 Bee Cave Rd, Bld g. B, Ste 201 Austin, Texas 78733 Phone: 512-837-8300
Fax: 512-421-6617
Form of Ownership: LLC wholly owned by Siemens
State of Incorporation: Yunex LLC was incorporated in the State of Delaware in February 2021.
e. Location of Company Offices
Siemens AG (Parent Company)
Werner-von-Siemens-Str. 1
80333 Munich, Germany
Office: +49 89 636-33443
Yunex Traffic US Headquarters
9225 Bee Cave Rd, Bldg. B, Ste 201
Austin, Texas 78733
512-837-8300
[email protected]
f. Local Offices servicing California
Project Office
Yunex Traffic Riverside
Office, Warehouse, and Testing Facility
2250 Business Way
Riverside, California 92501
Other California Offices
Yunex Traffic San Diego
Office & Warehouse
1820 John Towers Ave., Suite A
El Cajon, CA 92020
Yunex Traffic Orange / Los Angeles
Office, Warehouse, & Invoicing
1026 E. Lacy Ave.
Anaheim, CA 92805
Principal Contact Person Regarding Proposal :
Robert Paquette
2250 Business Way
Riverside, California 92501
Office: 951-784-6600
[email protected]
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g. Project Manager
If selected, Candace Gallaher will be the Project Manager servicing the City of Murrieta.
Candace, her Service Coordinator, Melissa Torna, and the Area Supervisor, Christopher Slocum will be responsible for maintaining communication with the city regarding daily operation and maintenance of all traffic signal equipment. Our account management team as well as our field staff will work closely with you and your team to ensure that all your requests are being effectively addressed.
Name Candace Gallaher
Role Service Project Manager
Time with Yunex / Siemens 15 years
Time with Other Firms N/A
PM Direct Supervisor Michael Hutchens, Western Operations Manager PM Availability 100%
Bio Candace has over 15 years of experience managing projects related to traffic signal and streetlight maintenance Candace is accountable for the overall performance for all contracts in the San Bernardino and Riverside County areas, manages 9 field employees, and will be responsible for the overall contract performance and day to day correspond ence for this project.
Candace and her team will be directly responsible for
administering the contract and ensuring all maintenance activities are performed in line with your scope of work.
Qualifications/Certifications IMSA Level I Certified Traffic Signal Technician Other Industry Certifications:
Microsoft Word/Excel
Adobe Products
Microsoft Project
SAP (ERP System)
PM Similar Projects Candace has successfully executed 30 similar projects.
PM Experience Rancho Cucamonga TS Maintenance (10/2004 – Current) City of Chino TS Maintenance (07/2012 – Current)
City of Ontario TS Maintenance (07/2006 – Current)
City of Highland TS Maintenance (07/2002 – Current)
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Name Melissa Torna
Role Service Coordinator
Bio Melissa has over 11 years of experience maintaining customer contracts and providing support to the management and field execution team. She is well versed in many software applications and systems including, but not limited to, Microsoft Excel, Word, Outlook, Live Meeting, SAP ERP systems, MCompanion, and SharePoint. Melissa is responsible for day -to-day coordination, dispatching, customer billing, and supports Candace and the field technicians with all other activities.
Experience Rancho Cucamonga TS M aintenance (10/2004 – Current) City of Chino TS Maintenance (07/2012 – Current)
City of Ontario TS Maintenance (07/2006 – Current)
City of Highland TS Maintenance (07/2002 – Current)
Qualifications/Certifications IMSA Level I Certified Traffic Signal Technician Other Industry Certifications:
Melissa is currently working towards obtaining her PMP in Project Management.
Name Christopher Slocum
Role Field Supervisor
Bio Chris has more than 28 years of experience with all aspects of traffic signal / streetlight maintenance, repair, and construction.
He has worked in many capacities, such as groundsman,
electrician, foreman , and superintendent. Chris is well versed in managing construction projects from simple traffic signal modifications to complete t urnkey traffic signal system installations. Chris will be responsible for monitoring all field work and scheduling utility crews for extraordinary repairs .
Experience Rancho Cucamonga TS Maintenance (10/2004 – Current) City of Chino TS Maintenance (07/2012 – Current)
City of Ontario TS Maintenance (07/2006 – Current)
City of Highland TS Maintenance (07/2002 – Current)
Qualifications/Certifications IMSA Work Zone Safety
Other Industry Certifications:
NEC Certified
o Cert. No. E-107504-G, Expires 09/21/2024
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h. Technicians assigned to the City of Murrieta
Name Tim Walker
Role Lead Technician
Bio Tim has over 26 years of experience in traffic signal maintenance, with extensive experience on all types of traffic signal systems. He has experience in all video detection systems, communications, and all other aspects of traffic signal maintenance, troubleshooting and repair. His knowledge of traffic signal systems is unsurpassed as he will be involved with the city’s maintenance program as an expert resource
Experience Rancho Cucamonga TS Maintenance
City of Chino TS Maintenance
City of Ontario TS Maintenance
City of Highland TS Maintenance
Qualifications/Certifications IMSA Work Zone Safety
IMSA Level I, II, III Certified Traffic Signal Technician Other Industry Certifications:
NEC Certified
o Cert. No. E-126754-G, Expires 09/19/2024
Econolite ASC3 Controller & Autoscope Certified
Bucket Truck Certified
ATSI CMU/MMU Test Equipment Certified
Name Brandon Meidl
Role Traffic Signal Technician
Bio Brandon has over 17 years of experience in traffic signal maintenance, with extensive experience in the installation of traffic signal devices, troubleshooting and repair. He understands 170 & NEMA based controllers and numerous additional traffic signal/ control devices. He has a vast knowledge of Traffic Signal Systems.
Experience Rancho Cucamonga TS Maintenance
City of Chino TS Maintenance
City of Ontario TS Maintenance
City of Highland TS Maintenance
Qualifications/Certifications IMSA Work Zone Safety
IMSA Level I, II, III Certified Traffic Signal Technician Other Industry Certifications:
Iteris Video Detection Certified
Econolite Proficient
BBS Proficient
Bucket Truck Certified
Rhythm Trained
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Name Christopher Franco
Role Traffic Signal / Streetlight Technician
Bio Chris has over 15 years of experience in traffic signal / streetlight maintenance, with extensive experience on all types of lighting systems (streetlight, safety lighting, park lighting, sports field lighting, etc.). He is extremely knowledgeable with all aspects of traffic signal / streetlight maintenance, tro ubleshooting, and construction.
Experience Rancho Cucamonga TS Maintenance
City of Chino TS Maintenance
City of Ontario TS Maintenance
City of Highland TS Maintenance
Qualifications/Certifications IMSA Work Zone Safety
IMSA Level I, II, III Certified Traffic Signal Technician Other Industry Certifications:
NEC Certified
o Cert. No. E-156990G, Expires 06/26/2022
Bucket Truck Certified
OSHA Certified
IMSA Certificates
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Senior Management
Director of Service: Steven Teal
Steve brings 23 years in the Traffic Signal/ITS industry as a technician, project manager, operations manager,
and regional manager. Since 2015, he has been the
Director of Service for Siemens/Yunex Traffic and i s
accountable for the Yunex Traffic, Signal/ITS
Maintenance business nationwide. He is responsible for
the management of 33 office employees, 91 field
employees and more than 155 municipal traffic signal
and streetlight maintenance contracts.
Operations Manager: Michael Hutchens
Mike has over 28 years of extensive experience in both
the technical and construction related aspects of the
traffic signal and streetlight maintenance industry. He has served in many different capacities with increasing responsibility as he has shown himself to be thorough,
professional, and competent through the years from
field laborer to project management, and most recently
operations management. Mike is responsible for
overall profits and losses for the Southwest US territory.
Mike has managed 115 traffic signal and street lighting maintenance customers.
i. Number of employees locally and nationally
Our Yunex Traffic US headquarters are in Austin, TX and employs more than 200 people - engineers, developers, integrators, and support staff - all driving our traffic systems business.
An additional 100 technical staff are in multiple field offices across the country to complete local projects and provide customer support. Our robust portfolio of products and experience will help drive your project’s success.
j. Location from which employees will be assigned
All Yunex staff assigned to this contract will be reporting out of our Riverside office:
Project Office
Yunex Traffic Riverside
Office, Warehouse, and Testing Facility
2250 Business Way
Riverside, California 92501
k. Sub-Contractors
Yunex Traffic does not intend to utilize any sub-contractors if awarded this contract.
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l. Litigation
At present Yunex Traffic, A Siemens Company, has no pending criminal, civil or administrative litigations. Please note that this certification primarily reflects information related only to this business unit and not to its affiliates. Yunex Traffic is a part of a large corporate enterprise, with numerous directly or indirectly contr olled or controlling affiliates, conducting various disparate businesses in multiple jurisdictions, and employing over 60,000 employees in the United States.
Information from Siemens AG. affiliates regarding issues not material to the business of Yunex Traffic is generally not centrally maintained by Siemens. As a result, we cannot ensure the completeness of such information. Consequently, a material risk of insolvency to either the Service Provider or Guarantor or materially affects the Service Provider’s or Guarantor’s ability to perform their obligations due to pending litigation is not apparent.
Siemens performs tens of thousands of projects annually through over one hundred offices. As such Siemens has been involved in miscellaneous litigations and dis putes arising out of its business, none of which are of a material nature as to adversely impact its ability to perform completely and satisfactorily any of its projects.
Service Business Platform @ITS
Yunex Traffic has rolled out a new service tool called SBP (Service Business Platform), which is a proprietary management system designed to effectively manage all service order progress, remotely update our ERP system (SAP) and as work is performed.
2. Work Management & Record Keeping
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SBP allows us to monitor many key performance items such as time arrived onsite, time of completion, materials used, and vehicle/equipment used. SBP keeps historical records for every location which allows the technicians an additional resource when troubleshooting.
When creating a new service request, the SBP will query the location history and will flag the order if it appears to be a repeated call out or duplicate order. Technicians transmit response and routine maintenance items in re al-time using IOS or Android devices.
The contractual Scope of Work and all maintenance Activities are also available for technicians to review to ensure all tasks are completed within the specified timeframe. Customer Specific checklists for routine prev entative maintenance will be available to the technicians so all required tasks are completed, per your scope of work.
Customer Portal
The SBP Customer Portal gives our customers access to:
Monitor real-time status of routine maintenance and service calls Location history (sort/filter by date, location, call type, etc.) Overall historical maintenance and repair data
Real-time equipment inventories, maps, event reporting Asset management (including digital photographs, GIS data, etc.)
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DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 504
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Tracking as Related to Invoicing
In addition to our Customer Portal, you will receive a detailed billing report with each invoice that lists labor and equipment hours billed for each service order .
Yunex LLC , a Delaware corporation ("SMI") is a subsidiary member of the Siemens AG corporate group, a multinational, multi -billion-dollar company listed on the New York Stock Exchange. As such, Siemens AG files consoli dated financial reports with the US Securities & Exchange Commission. A copy of Siemens, A.G. most recent annual report can be found at www.siemens.com through "Investor Relations". All required financial reports and filings are available at the SEC's website http://sec.gov/edqar.shtml. Yunex LLC its subsidiaries are not publicly traded companies and do not release separate annual financial statements.
Intent and Understanding of the Project
It is our understanding that the City of Murrieta is seeking a qualified traffic signal maintenance firm to provide a c ity-wide Traffic Signal Maintenance Services program. The selected service company will be responsible for providing a continuing, comprehensive, routine, and extraordinary maintenance program at the City’s signalized intersections. The City’s expectation is that the signal maintenance program will reduce the incidence of malfunctions, reduce complaints, promote safety, and proactively extend the longevity of the traffic control equipment, thus reducing the overall operating cost for the City’s traffic signal system.
Our goal is always to exceed our customer ’s expectations. We have a broad range of experienced personnel including IMSA Level II and III Traffic Signal Maintenance personnel.
The individuals assigned to this contract have over 58 years of experience managing and maintaining traffic signal systems , fiber networks, and central systems.
3. Yunex Statement of Financial Responsibility
4. Other Information
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Our traffic signal laboratories (conveniently located in Riverside) provide a full range of technical services including complete controller/cabinet testing, controller repair, and conflict monitor/CMU testing and certification. Services for this contract include the provision of appropriately trained personnel, equipment, and overhead equipment necessary to perform maintenance activities as outlined in your RFP.
We understand that the general scope of
the work to be done consists of routine
preventative maintenance and repair of
your traffic control systems as well as
general and emergency repair of the
same. These services will provide your city
with safe and efficient operations . Yunex
Traffic will have available and readily
accessible, qualified personnel , tools,
equipment, facilities, and material required
to perform all work necessary for the
maintenance of the City’s traffic signal
systems, as outlined in the Scope of Work
and in compliance with current C ity a nd
State standards.
Our Approach / Response Times
To be able to respond immediately to emergency calls, Yunex Traffic’s field technicians are authorized to take their work vehicles home daily. All work vehicles are stocked with the proper field equipment so he/she may sufficiently address most problems they encounter while responding.
Emergency response call outs and unscheduled repairs are initiated by calling our toll -free emergency phone number, 1-800-229-6090. A live dispatcher will be available 24 hours a day, 7 days per week, 365 days per year. Our dispatcher will create a work order in our visual planning board and once the work order is released, it will immediately transfer to our technician’s queue on their mobile device. As part of our quality control practice, our dispatcher will follow up with a phone call to our technician to confirm that he/she is in receipt of the call out/work order. The technician will arrive at the site within one ( 1) hour during normal working hours ( within two ( 2) hours during non -working hours) to assess and correct the reported problem. Once the problem is corrected, the technician will inform the city of the repair actions.
Scope of Work
It is always the goal of Yunex Traffic to tailor our service around our customer’s needs. We understand that throughout the term of a contract, those needs may change. We approach all our contracts with the same vision; build a partnership with the City’s staff and work towards achieving common goals set forth through that partnership. We realize that this is an ever - evolving process and that is why we believe that the only successful route is through establishing common goals. This methodology and a commitment to service will be applied to every aspect of our services for the City of Murrieta.
DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 506
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Routine Maintenance
We will e xecute a comprehensive routine maintenance program (monthly, quarterly, semi - annually, and annual ly) as outlined in the C ity’s Scope of Work, as recommended by the manufacturer, and as listed below. Yunex Traffic will also maintain, at the same unit price, additional traffic signals and appurtenant devices as they are installed or become a part of the maintenance requirements of the city.
Yunex traffic technicians will, at a minimum, perform the following tasks on the City’s traffic control systems monthly:
Routine maintenance is typically scheduled by the technician as they are more aware of the geography of the area. He will take into consideration contract requirements and your preference when scheduling routine preventive maintenance. Once our t echnician arrives at the location, he
will complete a job hazard analysis (JHA)
determining any potential hazards at the location.
Following the JHA, he/she will secure the area
with proper traffic control as referenced in the
most recent edition of the W.A.T.C.H. Handbook
and in accordance with the city’s traffic control
requirements.
Our technician will first clean and vacuum the
controller and battery backup cabinets (if
equipped) and ensure the cabinet vents are un -
obstructed, the air filter is clean, properly
inserted, and secure (air filters will be replaced semi -annually or sooner if necessary).
During this process your Yunex Traffic technician will perform the following checks inside the controller cabinet:
o Confirm that the controller cabinet is securely mounted to the foundation and inspect the seal for deterioration. Excessive dampness and plant or animal intrusion inside the controller cabinet will be reported to the city and repaired immediately.
o Verify fan operation and ensure the thermostat is set to 95 degrees Fahrenheit and that there is sufficient airflow through the cabinet.
o Inspect cabinet hardware (i.e., door gaskets, hinges, locks, etc.) for proper operation. All deficiencies will be repaired and reported to the city. o Inspect electrical components (i.e., relays, load switches, equipment displays and indications, flasher(s), rack -mount detectors, harness/connectors, service connections, system telemetry, communications system, cabinet grounding, GFCI receptacles, terminal connections cabinet lights and switches, CMU (interlock) door switch, the police panel switches, etc.) for proper operation and adjust as necessary. We’ll also verify proper operation of all equipment displays and cabinet/controller indicator lamps. Deficiencies that pose a safety concern will be corrected immediately.
o Annually verify that controller software or firmware is up to date, including all spare controllers that Yunex Traffic maintains.
Following the visual inspection, your Yunex Traffic technician will examine the functionality of the controller in relation to traffic at the intersection and confirm all phase and DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 507
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coordination timing is programmed correctly and is current based on the timing sheet located in the controller cabinet.
In addition to monitoring phase actuation from vehicle/traffic, they will also confirm proper intersection cycling by manually placing vehicle and pedestrian calls on each phase through the cabinet test switches or the controller keypad to verify controller servicing of each phase.
Yunex Traffic technicians will ensure your controller’s date and time is correct and we’ll adjust all controller clocks within 48 hours of time changes related to Daylight
Savings Time. This also includes confirming the correct date and time in all Conflict Monitor Units and Malfunction Management Units (CMU/MMU) during each visit.
Your Yunex Traffic technician will check the controller log buffers and investigate any faults that may have surfaced since the last maintenance visit.
All CMU’s/MMU’s will be tested annually with an MT-180 or equivalent conflict monitor tester. Individual test results will meet the city’s documentation requirements and be available in each controller cabinet and an electronic file (USB or CD) will be delivered to the city with 30 days after completing the testing. This test will also be documented on the routine maintenance log located in the controller cabinet. The cost for annual CMU/MMU testing is included in the flat rate for routine preventative maintenance.
The technician will confirm all detector loop cables are correctly identified, connected to the correct vehicle detector field terminals, and that a call is placed on the correct detector input, and that the input places a call on the correct controller phase. We will adjust or re- tune detector amplifiers and correct substandard splices as necessary. Loops requiring re-seal or replacement will be documented and reported to the city immediately. If the intersection is equipped with video/r adar detection our technician will verify that detection zones are properly structured. They will also verify proper camera operation by monitoring the vehicle call on the video processor unit and confirm that the calls are registering in the controller and actuating the correct phase in the controller. The technician will also verify that detection system software has been properly updated. Your Yunex Traffic technician will also clean the video detection camera lenses. If equipped, your Yunex Traffic technician will confirm operation of all preemption devices (i.e., railroad, emergency vehicle preemption (EVP), fire station preemption, etc.). Optical detector lens will be cleaned annually.
Inspect CCTV cameras for correct operation. Check for damage to wiring or housing and clean lens.
The technician will also test your interconnect systems to maintain existing operation and will notify you of any deficiencies.
If equipped, your Yunex Traffic technician will check batt ery back -up systems/uninterruptible power supplies (UPS) including checking/logging the battery and load levels. We will perform semi-annual testing by electrical bypass for proper operation.
We will report any batteries that require replacement immediately. In addition, we’ll confirm all battery connections to ensure they are clean and secure. All events and run time will be documented inside each controller cabinet.
Our technicians have been
trained and are extremely
knowledgeable with the
installation, handling and testing
of traffic signal masters,
interconnect, fiber optic , and
Wi-Fi systems.
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Yunex Traffic will perform a monthly night check of safety lights and illuminated stree t name signs (ISNS) at all signalized intersections (if equipped) . Our findings will be submitted to the city along with a price proposal for the required repairs. Our technician will walk the intersection (clockwise and counterclockwise) and visually ins pect all poles, signal heads, pedestrian signals, associated framework, and signal mounted signs for proper operation, alignment, and broken or missing parts. During this process your Yunex Traffic technician will perform the following checks outside of the controller cabinet:
o Depress all pedestrian push buttons and observe proper timing and display.
o Visually inspect the loops for sufficient sealant or exposed loop wires.
o Inspect pull boxes, pull box lids and hand -hole covers. Missing covers/lids will be replaced immediately.
o Visually inspect all signal doors, back plates, and visors and confirm they are secure.
o Remove unauthorized signs, stickers, and posters that can be easily removed from traffic signal poles and the controller cabinet.
Graffiti will also be removed within twenty -four (24) hours of notification.
o Prepare a list of locations where painting may be necessary, which will be submitted to the city for approval. Painting rates are listed in the extraordinary maintenance fee schedule.
The technician will lubricate cabinet door locks and padlocks quarterly, unless required sooner.
Maintain an inventory list of all equipment in the controller cabinet at each locat ion. This list will also be updated electronically and provided to the city every six months, or upon request.
Radar Feedback Signs and School Zone Flashing Warning Lights will also be checked/tested for proper function by Yunex Traffic technicians. Detec tion equipment, speed displays, LED’s, solar charging systems, batteries, and wireless Wi -Fi will be monitored to ensure all systems are setup correctly and operating efficiently. Your Yunex Traffic technician will document all maintenance activities on the city approved preventative maintenance checklist, on the cabinet log, and in their mobile device which is wirelessly communicating to our maintenance server enabling our customers to view all progress virtually real-time.
Extraordinary Services
In addition to the preventative maintenance program, we will provide other extraordinary services such as scheduled repairs, emergency response and technical support services to the city’s traffic signal systems in accordance with city requirement s and as listed below.
Our extraordinary and emergency response services include, but not limited to, the following services:
Downed signal heads, poles, signal on flash, signal blackout, burned out lamps, damaged controller and cabinet, damaged illuminated street name signs, damaged inductive loops, DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 509
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sensing elements, pedestrian push buttons, electroliers, pedestrian signal heads, wiring, and other operational equipment related issues.
Assisting the city for special events or for city construction projec ts, as necessary to implement revised traffic signal timing and phasing
for changed traffic conditions. If requested, prepare
punch list items, and follow through with city
representative to ensure a successful completion.
Perform overhead maintenance on s afety lighting,
traffic signals, street name and regulatory signs,
video detection cameras and Opticom systems.
Provide support for underground maintenance
including conduit repair or replacement, wire
inspection and installation, and interconnect
installation.
Signal Loop Replacement . Yunex Traffic is the
only maintenance provider who performs Loop
replacements in-house.
USA Dig Alert – Locating services using in-house locators. o Yunex Traffic will respond to all Underground Service Alert (USA) requests/notices or at the request of city staff for the marking and protection of traffic signal underground facilities such as traffic signal and electrical conduits, interconnect facilities, loops, safety light conduits, and other appurtenant equipment which might conflict with other right -of-way construction or repairs. Our technicians are equipped and certified with the proper locating devices provided by Metrotech. Repair, replace or otherwise render in good working order all defective parts of the traffic signal equipment with like make and model parts. Whenever equipment is removed, the city representative will be notified within twenty-four (24) hours.
Yunex Traffic will notify the City prior to any traffic signal deactivations that may be necessary to provide the required services. Traffic signal shutdowns will not be scheduled without the approval of an authorized representative of the City. Also, Yunex Traffic will not proceed with any extraordinary repairs without authorization from the city, unless it is a matter of public safety.
Our Ability to Supply
Yunex Traffic technicians will be equipped with various types of industry equipment including controllers from McCain (Type 170E with 200/233 MC1
software). We fully stock our bucket trucks with signal controllers, power supply’s, conflict
monitors/malfunction monitors, relays, load switches,
detectors (rack and shelf mount), BIU’s, various video
detection system cameras and processors, signal
heads, pedestr ian heads, signal framework, LED’s,
luminaries, and many more required parts.
Yunex Traffic maintains an extensive inventory of traffic signal and streetlight equipment including controllers, cabinets, load switches, signal heads, poles, LED
indications, luminaries (HPS, MH, MV LPS and LED), service enclosures, controller cabinets DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 510
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and other miscellaneous parts. This extensive inventory combined with our vast experience and testing facilities enables our team to repair or replace damaged equipment expeditiously and professionally.
At Yunex Traffic, we have provided the type of equipment, components, material, and service s as outlined, continuously for over 40 years. We have a tremendous reputation throughout Southern California for meeting response times and exceeding expectations .
Lessons Learned from Previous Projects
As a provider of Traffic Signal Maintenance solutions, Yunex Traffic is aware of what it takes to meet the requirements of Murrieta . In the over 40 years we have been providing this service, we have realized the best methods for a successful maintenance contract. Communication is at the heart of the success of any relationship and the relationship between Yunex Traffic and the City is no exception. We have also discovered that hiring the right people, ensuring their longevity with our company, and encouraging ongoing education are all critical points. Finally, adhering to safety protocols and ongoing safety training for all field staff ensures the quality of the contract.
The Right People
For this project, we are assigning people who live in, or within a short drive of Murrieta. They have a long history in TS Maintenance and most of it has been with us. The technicians we will be utilizing are Level III and II IMSA Traffic Signal Technicians, IMSA Work Zone Safety Certified, Bucket Truck certified, and have combined experience of over 58 years. Our Project Manager, Candace Gallaher, has successfully managed over 30 similar projects.
Safety
At Yunex Traffic, we do not take safety lightly. Yunex Traffic believes in a Zero Harm culture - for our employees, as well as for your citizens and visitors. We have stringent safety protocols to ensure a safe working environment while minimizing disturbances and ensuring safe motorways. Our staff is trained in proper work on busy roads, including traffic control management and lane closure procedures, if needed.
Training
Yunex Traffic recognizes the importance of training as a benefit not only to our staff, but also to ensure a quality project. On-going training alleviates frustrations and establishes a strong foundation for service execution, results, and performance. We provide a variety of training options including project based; webinars; on -site classroom tr aining; tailgate safety trainings, and custom training packages. In addition to project, product, and manufacturers training, we provide OSHA training as well as comprehensive environmental, health and safety programs including specific training on bucket trucks, utility line safety, and other safety protocols. Further we encourage all our service and operations staff to continue their education and on -going training, obtaining all applicable certifications.
Safety Training
Yunex Traffic administers a comprehensive company-wide safety program to ensure that safety on all job sites is the top priority. Our employees are required to read and understand “Safety Rules for the Outside Electrical Industry” by the National Electrical Contractors Association (NECA). Yunex Traffic has a zero- tolerance policy on all safety violations. Yunex Traffic will provide copies of any safety history documentation upon request.
Yunex Traffic employees are given CPR and First Aid training to provide treatment in the event of an emergency. Our employees are trained using a variety of resources and methods. The IBEW provides professional competence and safety training to our field staff. Our employees are trained in basic safety including proper lifting techniques. They have weekly tailgate DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 511
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meetings that address items such as electrical safety and current industry safety practices. Our electricians and technicians are also IMSA and IBEW trained. We believe it is critical that members of our field staff are properly t rained and enabled to help both themselves and others in the event of an emergency.
Drug Testing
Yunex Traffic conducts drug and alcohol testing under the following circumstances, unless prohibited by law or otherwise:
Applicant testing: All applicants f or employment to whom the Company has made a conditional job offer must undergo a pre -employment drug test.
Employee testing: The Company may require employees to submit to drug and/or alcohol testing under the following circumstances:
When the Company has a reasonable basis for believing that an employee is using or is under the influence of drugs or alcohol in violation of the Company’s Drug and Alcohol - Free Workplace Policy.
When an employee (s) has caused or contributed to an on -the-job accident that results in a personal injury with loss of work time, or when damage to Company property occurs. On a return-to-work and follow-up basis following education or treatment either for drug or alcohol abuse or because of a positive drug or alcohol test. As part of a scheduled fitness -for-duty evaluation.
As part of a random testing program, if the employee works in a safety-sensitive position, or as may be required by a Siemens customer or applicable law, As may otherwise be required or permitted by law.
The Company’s testing policy will be administered in a manner that complies with all federal, state, and local laws governing drug and alcohol testing. To the extent any provision of this policy is inconsi stent with applicable law, the policy will be implemented to comply with the relevant law. Yunex Traffic’s complete policy for Drug and Alcohol-Free Workplace and Testing can be made available upon request.
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References
For this project, we are providing the below references:
Client Description City Contact Contact information
City of Rancho
Cucamonga
Traffic Signal
Maintenance Timothy Baltazar
10500 Civic Center Dr.
Rancho Cucamonga, CA 91730
909-774-4136
[email protected]
City of Chino Traffic Signal
Maintenance Mario Flores
13220 Central Ave
Chino, CA 91710
909-591-9828
[email protected]
City of Ontario Traffic Signal
Maintenance Johnson Hua
303 East B St.
Ontario, California 91764
909-395-2131
[email protected]
City of Anaheim On Call Traffic Signal
Maintenance John Thai
201 S. Anaheim Blvd.
Anaheim, CA 92805
714-765-5202
[email protected]
City of Fullerton Traffic Signal
Maintenance Dave Langstaff
303 W. Commonwealth
Fullerton, CA 92832
714-738-6858
[email protected]
Yunex has many more references that can/will be provided upon request.
Equipment
Contract Management Team
Steven Teal Director of Service, US • IMSA Level III Certified Technician • “A” Contractor License Holder
Michael Hutchens Area Operations Manager • IMSA Level III Certified Technician • “C-10” Contractor License Holder
Candace Gallaher Service Account Manager • IMSA Level I Certified Technician Melissa Torna Service Coordinator • IMSA Level I Certified Technician Jennifer Dalby Dispatcher • Not Applicable
Contract Execution Team
Christopher Slocum Field Supervisor • NEC Certified
• IMSA Work Zone Safety
2019 Supervisor Pickup
Truck
Minh Tran Engineering Technician • NEC Certified
• IMSA Level III Certified Technician
2018 Supervisor Pickup
Truck
Timothy Walker Lead Traffic Signal Specialist • NEC Certified • IMSA Level III Certified Technician 2019 Ford Pickup Truck Brandon Meidl Traffic Signal Technician • NEC Certified • IMSA Level II Certified Technician 2019 Ford Bucket Truck Christopher Franco Traffic Signal / Streetlight
Technician
• NEC Certified
• IMSA Level III Certified Technician 2019 Ford Bucket Truck Alberto Ramirez Traffic Signal Technician • NEC Certified • IMSA Level III Certified Technician 2019 Ford Bucket Truck Samson Monte Lead Traffic Signal Specialist • NEC Certified • IMSA Level III Certified Technician 2019 Ford Bucket Truck DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 513
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Jorge Luviano Traffic Signal Technician • NEC Certified • IMSA Level III Certified Technician 2019 Ford Bucket Truck Gabriel Knutson Traffic Signal Technician • NEC Certified • IMSA Level III Certified Technician 2019 Ford Bucket Truck Neale Ramos Traffic Signal Technician • IMSA Level III Certified Technician 2019 Ford Bucket Truck Nathaniel Baker Traffic Signal/Fiber Technician • IMSA Level I Certified Technician • Fiber Optics Technician 2019 Ford Bucket Truck
Auxiliary Field Staff (Construction/Utility)
Cecil Terry Construction Foreman • NEC Certified
• IMSA Work Zone Safety
2019 Ford
Contractor/Utility Body
Hugo Munoz Groundsman/Crane Operator
• NEC Certified
• IMSA Work Zone Safety
• Certified Crane Operator
2018 Ford
Contractor/Utility Body
In addition to our Customer Portal, you will receive a detailed billing report with each invoice that lists labor and equipment hours billed for each service order.
Available Equipment and Tools (All located in Riverside, California):
Equip No. Year Description
AB312 2006 Allmand 25 Lamp SP Towable Arrow Board
AB584 2014 Wanco Towable Arrow Board
AC313 1999 Ingersoll Rand DP Towable Air Compressor
AB321 1999 Allmand 25 Lamp SP Towable Arrow board
AC321 2006 Sullair DP Towable Air Compressor
Specialty Tools
ATSI PCMT 8000 Conflict Monitor Test and Certification Unit ATSI PCMT 2600 Conflict Monitor Test and Certification Unit Metrotech Underground Locator (USA Dig Alert)
5. Sample of Yunex Proposed Service Report
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Yunex Traffic does not intend to utilize any sub-contractors if awarded this contract.
Yunex LLC has reviewed the insurance requirements provided in the RFP and plans to fully comply, should we be awarded the contract.
Please see our sample Insurance Certificate below:
6. Listing of Subcontractors
7. Proof of Insurance
DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 515
DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 516
DocuSign Envelope ID: 8F95311B-DA02-4CF8-847D-7DFDDF84FEC6 517
CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No. 14.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Anthony Conrad, Police Chief
PREPARED BY: Dawnn Jackson, Management Analyst - Administration SUBJECT:
Agreement with International Business Information Technology, Inc. for LEFTA Software
RECOMMENDATION
Approve an agreement with International Business Information Technologies, Inc., doing business as LEFTA Systems, for Law Enforcement Field Training Application software, waiving the bidding requirements, pursuant to Municipal Code Section 3.08.280;
Approve the use of the LEFTA System for a term of five years; and Authorize the City Manager or designee to execute the agreement and related documents.
PRIOR ACTION/VOTE
None.
CITY COUNCIL GOAL
Provide a high level of innovative public safety.
BACKGROUND
The Murrieta Police Department has used the Law Enforcement Field Training Application (LEFTA) software since Fiscal Year (FY) 2019/20. This software encompasses many programs vital to the Department's ability to document ongoing training and performance accurately. The LEFTA program also tracks internal personnel investigations, equipment issuance and damage, use of force incidents, and several other department day-to- day operations. LEFTA has successfully integrated multiple systems, increasing its record-keeping accuracy and efficiency.
80-plus California agencies use LEFTA and comply with all California Police Officer Standards and Training (POST) requirements. LEFTA links to the training record management software Manage Employee Training Records (METR), which links with CA POST's Electronic Data Interchange (EDI) and allows us to track an employee's training records from the hire date until they retire. LEFTA is configurable for patrol, CITY OF MURRIETA Printed on 6/13/2024Page 1 of 2
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6/18/2024
Agenda Item No. 14.
employee's training records from the hire date until they retire. LEFTA is configurable for patrol, communications, corrections, supervisors, and community service officers. LEFTA is the sole source product in California for field training software and record management applications due to their unique features and procedures required by POST.
If the Department does not purchase this software with LEFTA Systems, staff will be required to utilize manual tracking, which includes multiple (five or six) software purchases for each program with multiple vendors. This will result in delayed reporting, inefficiencies, and additional costs.
Research has been conducted at multiple trade shows, through internet searches, and through personal contact with other law enforcement agencies within and outside Riverside County. No other vendor has been discovered to adequately provide a software system as robust and comprehensive as LEFTA.
By continuing with LEFTA Systems, the Murrieta Police Department is saving time and running efficiently, which in turn translates into additional resources dedicated to public safety. In addition, the City's insurance provider, Public Entity Risk Management Authority (PERMA), recommends comprehensive tracking software that provides documentation which is critical in civil lawsuits. This type of documentation is often a determining factor in setting a city's financial liability in civil lawsuits. The LEFTA system allows for this level of documentation.
Section 3.08.280 of the Municipal Code authorizes competitive bidding procedures, and requirements may be dispensed when the City Council finds that adherence to the procedures in this chapter would be inefficient, impractical, and unnecessary.
FISCAL IMPACT
The Police Department has $12,000 budgeted in the FY 2024/25 Operating Budget in the General Fund account 1103120-62160 and will identify $950 in budgetary savings to cover the remaining amount for the FY 2024/25 Agreement amount of $12,949.34. The budget for subsequent fiscal years will be included during the next biennial budget process.
ATTACHMENTS
None.
*Due to confidential information, the agreement can be viewed at the City Clerk Department. Please contact the City Clerk at 951-461-6030.
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CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No. 15.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Anthony Conrad, Police Chief
PREPARED BY: Dawnn Jackson, Management Analyst - Administration SUBJECT:
Agreement with M. Pino and Associates, Inc. for Background Investigation Services for Concealed Carry Weapon License Applicants.
RECOMMENDATION
Approve an agreement with M. Pino and Associates, Inc. for background investigations for Concealed Carry Weapon License applicants and waive the bidding requirements as allowed per Municipal Code Section
3.08.280; and
Amend the Fiscal Year 2024/25 Operating Budget associated with the General Fund and Measure T Fund as discussed below.
PRIOR ACTION/VOTE
On September 1, 2020, the City Council adopted Resolution 20-4301 and approved an amendment to the agreement with M. Pino and Associates, Inc. related to background checks for Concealed Carry Weapon Licenses and amended the Fiscal Year (FY) 2020/21 Operating Budget to appropriate an additional $20,000 per year for the services (Vote: 5-0).
CITY COUNCIL GOAL
Provide a high level of innovative public safety.
BACKGROUND
M. Pino and Associates, Inc. (MPA) has performed background investigations for applicants for the Police Department’s(PD) Concealed Carry Weapon (CCW) program since the program’sinception in 2017. MPA has successfully streamlined the application process using secure online CCW background application software.
Due to the efficiency of the software and the knowledgeable staff employed by MPA, most initial background investigations are completed within four months, and renewals within one month. MPA is also contracted by the Menifee, Hemet, and Banning police departments and 16 other cities in Los Angeles for CCW background investigation services.
MPA is the only vendor currently offering this service. To conduct the CCW investigations in-house, the PD CITY OF MURRIETA Printed on 6/13/2024Page 1 of 2
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6/18/2024
Agenda Item No. 15.
MPA is the only vendor currently offering this service. To conduct the CCW investigations in-house, the PD would require at least one additional full-time Detective II position and an increase in funding to support extended work hours the position may require.
Section 3.08.280 of the Municipal Code authorizes that the City’s competitive bidding procedures and requirements may be dispensed when the commodity or service can be obtained from only one vendor.
FISCAL IMPACT
Costs for these services average $60,000 per fiscal year. The proposed agreement has a not-to-exceed value of $400,000 for five years or $80,000 per fiscal year. The additional $20,000 per year is a buffer to allow for an increase in applications during busy years of the CCW program.
The Police Department has $120,000 approved in the FY 2024/25 Measure T Fund Operating Budget in account 1113120-60480. Staff requests that the $120,000 budget in the Measure T account 1113120-60480 be released and a new budget of $80,000 be established in the General Fund Operating Budget account 1103120 -60480.
The budget for subsequent fiscal years of the agreement will be included in the routine biennial budget process.
ATTACHMENTS
1. Agreement with M. Pino and Associates, Inc. (MPA)
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AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
WITH
THE CITY OF MURRIETA (“CITY”)
Project Name/Description (“Project”): Background Investigations for Concealed Carry Weapon Permit Applicants
Contract Number:Click or tap here to enter text.
Consultant Name (“Consultant”): M. Pino and Associates, Inc.
Consultant Business Type: Corporation
Consultant Address: 27475 Ynez Road #234, Temecula, CA 92591 Consultant Representative Name and Title (“Consultant Representative”): Mike Pino, President Consultant Representative Work Phone and Email: 951-230-8065, [email protected] Termination Date: June 30, 2029
Total Not-To-Exceed Contract Amount (“Contract Sum”): $400,000 City Department Contact (“Department Contact”): Captain Phil Gomez Department Contact Work Phone and Email: 951-461-6356, [email protected] Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No): No 522
RECITALS
The City desires to contract with a Consultant to provide professional services on an on- call basis as more further set forth herein.
The C
ity circulated a Request for Quotes or Proposals for the above-described professional services.
Consul
tant submitted a proposal to City to provide the above -described professional services.
Cit
y Staff has reviewed all the proposals and after considering the demonstrated competence of Consultant, the professional qualifications of Consultant, and the fairness and reasonableness of Consultant’s proposed cost, staff has determined that an agreement to provide the required services should be awarded to Consultant.
Cli
ck or tap here to enter text.
523
AGREEMENT FOR PROFESSIONAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
THI
S AGREEMENT FOR SERVICES (“Agreement”) is made and entered into as of the effective on the date executed by the City by and between CITY OF MURRIETA, a California municipal corporation (“ City”) and (“Consultant ”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.” In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTI
CLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit A and incorporated herein by this reference, which may be referred to herein as the “services ” or “ work” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants: a) it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement b) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; c) all materials used for services will be both of good quality as well as fit for the purpose intended; and, d) Consultant shall follow the highest professional standards and practices in performing the services required hereunder. Individual tasks under the Scope of Services shall be established on a per project basis. Upon request by City, the Consultant shall provide a detaile d task proposal including pricing consistent with those hourly rates as provided in Article II, below. Consultant shall not commence work until an Task Order is issued by the City authorizing the Consultant to perform such work.
1.2 Consultant’s Proposal. The Scope of Services shall include the scope of services or work included in Consultant’s proposal or bid, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal or bid, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Consultant’s proposal or bid, other than description of scope of services or work, shall apply to this Agreement, unless specifically agreed to by City in writing.
1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered. City, and its officers, employees and agents, shall not be liable at law or in equity for failure of Consultant to comply with this Section.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for 524
Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Agreement, Consultant represents and warrants Consultant: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.
1.6 Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it is familiar with and/or has inspected City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of City. Consultant acknowledges that City is relying on this representation by Consultant as a material consideration in entering into this Agreement.
1.7 Prevailing Wages. If services include any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.
1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the rates specified in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference . The total compensation for all work, including reimbursement for actual expenses, shall not exceed the Contract Sum set forth above . Compensation may include reimbursement, for actual and necessary expenditures , if both are specified in the Schedule of Compensation or upon a Task Order , as well as approved by City in advance.
2.2 Invoices. Unless some other method of payment is specified in Exhibit C, Schedule of Compensation, in any month in which Consultant wishes to receive payment, no later than the first business day of such month, Consultant shall submit to City, in 525
a form approved by City’s Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this Agreement. Except as provided in Sections 7.3, 7.4 and 7.5, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty- five (45) days, from the submission of an invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City) : 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the Services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation; and 4) line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
ARTICLE 3. PERFORMANCE SCHEDULE
3.0 Time of Essence. Time is of the essence in the performance of this Agreement.
3.1 Term. The Agreement shall commence and become effective on the date excuted by the City and will continue until the Termination Date. This Agreement may be extended for up to two, additional one -year periods upon the mutual agreement in writing of both parties.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of any ongoing services, which shall be no later than the Termination Date set forth above.
Notwithstanding the foregoing, the Indemnification and Insurance provisions set forth in Article 5 shall survive the termination of this Agreement.
3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written Task Order and shall perform all services within the time period(s) established in the Task Order or generally within the time periods established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify City in writing of the 526
causes of the delay. City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of City such delay is justified. City’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of this Agreement pursuant to this Section.
ARTICLE 4. COORDINATION OF WORK
4.1 Representative of Consultant. The Consultant Representative is authorized to act on Consultant’s behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.
4.2 Department Contact for City . The Department Contact (or other person designated by the City Manager) shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Consultant’s responsibility to assure that the Department Contact is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.
4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, are to be made (unless otherwise specified) either by the Contract Manager, City Manager or by their delegate as provided for in writing.
4.4 Independent Co ntractor. Neither City , nor any of its officers, employees or agents, shall have any control over the manner or means by which Consultant , or its officers, employees, agents or subcontractors, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Consultant’s exclusive control and direction.
No City employee benefits shall be available to Consultant, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement. 527
City shall not be liable for compensation or indemnification to Consultant , its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder. In the event that Consultant or any officer, employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System, to be classified as other than an independent contractor for City, then Consultant shall indemnify, defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Consultant , or any officer, employee, agent, or subcontractor Consultant used to provide services under this Agreement, is/are employees of City.
4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Consultant shall not contract with any other City to perform in whole or in part services required hereunder without express written approval of City, and neither this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Consultant’s indemnification obligation to City, Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts set forth in the “Insurance Requirements” attached hereto as Exhibit E and incorporated herein by this reference.
5.2 Indemnification.
(a) General Obligations. Consultant agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “Indemnitee ” and collectively, “Indemnitees ”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “ Claims or Liabilities ”) that may be asserted or claimed by any person, firm or City arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or City for which Consultant is legally liable (each an “Indemnitor” and collectively, “ Indemnitors”), or arising from Indemnitors’ reckless or willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this 528
Agreement, and in connection therewith: 1) Consultant will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Consultant will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.
(b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive termination of this Agreement. Consultant shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Consultant fails to do so Consultant shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively “City” for solely this Section 5. 2(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful misconduct, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence or willful misconduct of City, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. (c) Pursuant to the full language of California Civil Code §2782, Design Professionals agrees to indemnify, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any passive negligence of the City unless caused at least in part by the Design Professional. The City agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.
5.3 Professional Liability. When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Indemnitees against, and will hold and save 529
them and each of them harmless from, whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in this Section
5.3, to the extent same are caused in whole or in part by any negligent or wrongful act, err or or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services under this Agreement.
ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (“books and records ”) as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily accessible. City shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained for a period of three (3) years following completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing access to any and all Consultant records and documents if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“documents and materials ”) prepared by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership, use, reuse, or assignment of the documents and materials hereunder. Consultant may retain copies of such documents and materials for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Consultant documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.
6.3 Confidentiality and Release of Information. All information gained or work product produced by Consultant in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. Consultant, its officers, employees, agents or 530
subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant immediately gives City notice of such court order or subpoena. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. As concerning, r egarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant , however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.
7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section
7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days’ notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination or suspension, Consultant shall immediately cease all services hereunder , unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2. 2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such a s may be approved by City, except as provided in Section 7.5. In event of termination, or suspension, 531
without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.
7.3 Default of Consultant and Opportunity to Cure. In the event that Consultant is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively ten (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices , without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default by conclusion of noticed timeframe , City may immediately both terminate this Agreement with notice to Consultant as well as pursue the remedy in Section 7.4, without prejudice to any other remedy to which City may be entitled at law, in equity or under this Agreement . Any failure on the part of City to give notice of Consultant’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
7.4 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such dama ges), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City therefor.
7.5 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant ’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.
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7.6 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non- compliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.8 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys ’ fees. Attorneys’ fees shall include attorneys ’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, consultants’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such 533
litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Consultant written notice describing the conflict. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the Uni ted States Mail, certified mail, postage prepaid, return receipt requested, in the case of 534
City addressed to City Clerk at City of Murrieta, 1 Town Square, Murrieta California 92562, and in the case of Consultant, to the person(s) at the address designated on the cover page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy- two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement, headings used, or any other rule of construction which might otherwise apply.
9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement . It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City.
9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 No Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.
9.7 Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, 535
(iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
9.8 Federal Funding. If federal funding is being utilized to fund any part of the Project, as indicated on the Cover Page of this Agreement, the terms of Exhibit F are hereby incorporated herein by this reference. If no federal funding is being utilized, Exhibit F may be omitted.
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SIGNATURES ON FOLLOWING PAGE]
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IN WI
TNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF MURRIETA, a California municipal
corporation
By:
Lori Stone, Mayor
ATTEST: Effective Date:
Cristal McDonald, City Clerk
Date:
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Tiffany Israel, City Attorney
Date:
CONSULTANT:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chair person of the Board,
President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any
Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or
regulations applicable to Consultant’s business City.
By:
Name: Mike Pino
Title: President
Date:
By:
Name:Click or tap here to enter text.
Title:Click or tap here to enter text.
Date:
Paul Early, Assistant
City Attorney FOR
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EXHIBIT "A"
S
COPE OF SERVICES
I. Consultant will perform the following Services on an on-call basis:
1. THE SERVICES
1.1 Consultant will provide the Police Officer Standards and Training (POST) certified background investigators for document collection and processing Carry Concealed Weapon applicants.
1.2 Consultant will develop processes to ensure CCW background investigations are completed within 6 months and provide secure data transmission and verification systems for streamlining applications.
1.3 Consultant will prevent fraudulent applications through a Consumer Verification Index (CVI) using a Name- Address-SSN (NAS) and Name -Address-Phone Number -Utility Recor ds (NAP) verifications to reduce identity theft.
1.4 Consultant will possess knowledge of the Department of Justice (DOJ) requirements for all involved parties, to include approved handguns and the California Penal Codes.
1.5 Consultant will coordinate with all outside vendors for quality control and ensure background investigations comply with California law and police department standards before submission for final approval.
2 2.1
2.1.1 2.1.2
2.1.3 2.1.4
2.1.5 2.1.6
2.2 2.2.1
2.2.2 2.2.3
2.2.4 2.2.5
2.2.6 SERVICE RATES
CCW: Initial Applicant Processing: $398.00
Application collection and review
Personal information and supplemental document verification Background Interview
Process administration and vendor coordination
Applicant support and process compliance
Department support and online access
CCW: Renewal Applicant Processing: $348.00
Application collection and review
Personal information and supplemental document verification Background Interview
Process administration and vendor coordination
Applicant support and process compliance
Department support and online access
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II. Consultant must perform all on -call Services in compliance with the following requirements:
A. Each task shall be indicated by a written request (“Task Order”) produced by the Department Contact with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement.
B. Consultant must prepare a written description of the requested tasks including all components and subtasks; the costs to perform the task (“Task Budget”), using the itemized fees in Exhibit C, Schedule of Compensation, whenever a requested task is provided for in Exhibit C; explain how the cost was determined; and, a schedule for completion of the task (“Task Completion Date”); which shall a ll collectively be referred to as the “Task Proposal”.
C. Department Contact shall in writing approve, modify or reject the Task Proposal, and may issue a Task Order.
D. The task shall be performed at a cost not to exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Department Contact by the Task Completion Date.
III. In addition to any other requirements of this Agreement, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
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IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
Click or tap here to enter text.
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EXHIBIT "B"
S
PECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
C
lick or tap here to enter text.
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EXHIBIT “C”
S
CHEDULE OF COMPENSATION
I.
Consultant shall establish a Task Budget for each Task identifying the subtasks, based on the time and rates of the personnel performing the subtasks, and itemizing all materials and equipment utilized and the costs thereof. If payment is to be made other than at completion of the services, then the phases of the performance and percentage of payment due shall also be shown in the Task Proposal.
II. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
III. The total compensation for all Services during the entire term of this Agreement shall not exceed the Contract Sum as provided in the Cover Page of this Agreement.
IV. Consultant’s billing rates for any hourly Services are attached as Exhibit C-1.
In connection with the services provided pursuant to the terms of this Agreement, City will pay Consultant upon City’s receipt of a written invoice provided by Consultant no more than monthly. City will pay Consultant for work completed, billed in increments of six minutes (0.1 hours), not to exceed the Contract Sum. The City will reimburse the Consultant for reasonable out -of-pocket expenses related to performing services on behalf of the Client that are approved in advance in writing by the City such as mileage, copies, binding costs, postage, parking, travel, and lodging expenses as part of the not to exceed Contract Sum. To receive reimbursements, the Consultant must provide the City with a receipt and a description of the expense incurred along with the invoice.
No mark up on expenses may be added.
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EXHIBIT “C-1”
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Issues? Email [email protected]