The City of Murrieta intends to comply with the Americans with Disabilities Act (ADA). Persons with special needs should call the City Clerk Department at (951) 461-6031 or email at [email protected] at least 72 hours in advance. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at City Hall located at 1 Town Square, Murrieta, CA during normal business hours.
Any presentation requiring the use of the City of Murrieta’s equipment must be submitted to the City Clerk ’s department 72 hours prior to the scheduled City Council meeting at City Hall located at 1 Town Square, Murrieta, CA; via email at [email protected] or call (951) 461-6031. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at City Hall located at 1 Town Square, Murrieta, CA during normal business hours.
Lori Stone
Mayor
Cindy Warren Lisa DeForest Mayor Pro Tem Council Member Jon Levell Ron Holliday Council Member Council Member Kim Summers, City Manager
Tiffany Israel, City Attorney
Cristal McDonald, City Clerk
MURRIETA CITY COUNCIL (CC)
MURRIETA COMMUNITY SERVICES DISTRICT (CSD)
MURRIETA FIRE DISTRICT (FD)
MURRIETA LIBRARY BOARD (LB)
MURRIETA REDEVELOPMENT SUCCESSOR AGENCY (RSA)
MURRIETA HOUSING AUTHORITY (HA)
MURRIETA FINANCING AUTHORITY (FA)
YOU MAY VIEW THE MEETING LIVESTREAMED VIA THE CITY’S WEBSITE AT https://murrieta.legistar.com/Calendar.aspx
CITY OF MURRIETA
Council Chambers
1 Town Square
Murrieta 92562
Tuesday, June 18, 2024
4:15 PM CLOSED SESSION
6:00 PM REGULAR MEETING
1 City Council Meeting Agenda June 18, 2024
4:15 PM CLOSED SESSION
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS - CLOSED SESSION ITEMS ONLY
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CLOSED SESSION
CS1. Conference with Real Property Negotiator
The City Council will conduct a closed session, pursuant to Government Code section 54956.8, to enable the City Council to consider negotiations and to give direction to its negotiators regarding that certain real property, a portion of which is contained within or adjacent to Parcel No. 963-060-086 in the City of Murrieta, Riverside County, CA. The City’s real property negotiators, the City Manager, Assistant City Manager, and City Attorney, will seek direction from the City Council regarding the price and terms for this property.
CS2. Conference with Real Property Negotiator
The City Council will conduct a closed session, pursuant to Government Code section 54956.8, to enable the City Council to consider negotiations and to give direction to its negotiators regarding that certain real property located at the Northwest Corner of Linnel Lane and Whitewood Road, Murrieta, Riverside County, CA, APN: 392-290-048.
The City ’s real property negotiators, the City Manager, Assistant City Manager, and City Attorney, will seek direction from the City Council regarding the price and terms for this property.
CS3. Conference with Legal Counsel
Anticipated Litigation The City Council will conduct a closed session, pursuant to Government Code sections 54956.9(d)(2), because there is a significant exposure to litigation in one case.
CS4. Conference with Labor Negotiators
The City Council will conduct a closed session, pursuant to Government Code Section 54957.6, with the City Manager, the City Attorney, and the City's negotiators, regarding labor negotiations with ( 1) the Murrieta General Employees’ Association; and ( 2) the Murrieta Supervisors’ Association.
CS5. Public Employee Performance Evaluation and Compensation The City Council will hold a closed session with the City's personnel officer, the city manager, pursuant to Government Code Sections 54957 and 54957.6(a), to conduct an employee performance evaluation of the City Manager and to discuss the salary, compensation and fringe benefits provided to the City Manager.
2 City Council Meeting Agenda June 18, 2024
RECESS TO CLOSED SESSION
6:00 PM REGULAR MEETING
CALL TO ORDER
ANNOUNCEMENT OF CLOSED SESSION ACTION
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
Proclamation - Retirement, Sandra Valle - Police Officer
APPROVAL OF AGENDA
DEPARTMENT/COMMISSION ANNOUNCEMENTS
CITY MANAGER - ADMINISTRATIVE UPDATE
City Manager Administrative Updates is the opportunity for the City Manager to provide community updates, as well as Department or Commission announcements on current or upcoming projects.
• City Manager: Cal Recycle, Isaac Bravo, Management Analyst • Community Services: Special Events, Laura Frasso, Coordinator-Event Specialist • Community Update: Cristina Davies, Public Information Officer CITY MANAGER ADMINISTRATIVE UPDATES - Received After Agenda Printed
GOVERNING BODY COMMISSION/COMMITTEE/BOARD (CCB) REPORTS Governing Body CCB Reports is the opportunity for the City Council to provide a brief report on conferences, seminars, and Commission, Committees, and /or Boards meeting attendance.
Reports shall not exceed three minutes. The City Clerk will use the computerized timer.
GOVERNING BODY REPORTS - Received After Agenda Printed
PUBLIC COMMENTS (NON-AGENDA)
At this time any person may address the governing bodies on any subject pertaining to City business, which does not relate to any item listed on the printed agenda. Normally no action may be considered or taken by the governing bodies on any matter not listed on the agenda .
Each speaker will be limited to three minutes.
3 City Council Meeting Agenda June 18, 2024
PUBLIC COMMENTS (NON-AGENDA) - Received After Agenda Printed CONSENT CALENDAR - APPROVAL OF ITEMS 1 – 16
All matters listed on the Consent Calendar are to be considered routine by the governing bodies, and will be enacted by one motion in the form listed. There will be no discussion of these items unless, before the governing body votes on the motion to adopt, specific items are removed from the Consent Calendar for separate motions.
1. Waive Reading of All Ordinance Adoptions on the Agenda and Read by Title Only Recommended Action:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
2. Minutes
Recommended Action:
Approve the minutes of the June 4, 2024 City Council Regular Meeting.
3. Renewal Approval with Granicus (GovQA) - Public Record Request Software Recommended Action:
Ratify prior renewals with GovQA that exceeded the City Manager's contract authority; Authorize the exemption from bidding requirements;
Authorize the City Manager or her designee to approve renewals in a form acceptable to the City Attorney, with GovQA for public records request software for a total not to exceed $76,240.08 plus a 5% contingency;
Amend the Fiscal Year 2024/25 Operating Budget in the General Ledger Account by $13,800.
4. Ordinance Publication Requirements and Designating Posting Locations for City Public Notices
Recommended Action:
Adopt Resolution No. 24 -4746 entitled: A Resolution of the City Council of the City of Murrieta Repealing Resolution No. 08 -1992 and Providing Publication Requirements for Ordinances by Authorizing Ordinance Summaries and Designating an Ordinance Summary Official Pursuant to California Government Code §36933; and
Adopt Resolution No. 24 -4747 entitled: A Resolution of the City Council of the City of Murrieta Designating Posting Locations in the City.
4 City Council Meeting Agenda June 18, 2024
5. Animal Control Agreement for Fiscal Year 2024/25 through Fiscal Year 2026/27 Recommended Action:
Approve a three-year agreement with Animal Friends of the Valleys, Inc. for city-wide animal control services; and
Authorize the City Manager or designee to execute the agreement and related documents.
6. Approval of a Three-Year Agreement Not to Exceed $ 100,000 per Fiscal Year for Landscape Plan Check and Inspection Services Between Architerra Design Group and Van Dyke Landscape Architects.
Recommended Action:
Authorize the City Manager to execute agreements with Architerra Inc. and Van Dyke Landscape Architects for on-call landscape plan check review and inspection services.
7. Approval of Purchase Order for On-Call Plan Check Engineering Services - HR Green Pacific, Inc .Approval of Purchase Order with HR Green Pacific, Inc for On-Call Plan Check Engineering Services
Recommended Action:
Approve a purchase order with HR Green Pacific, Inc. for On -call Plan Check Engineering services for Fiscal Year 2024/25, for an amount not to exceed $200,000 from the Engineering General Fund; and
Authorize the City Manager to execute the purchase order on behalf of the City.
8. Approval of Purchase Orders for On-Call Traffic Engineering Services - Rick Engineering Company
Recommended Action:
Approve a purchase order with Rick Engineering Company for on -call traffic engineering consulting services for Fiscal Year 2024/25 for an amount not to exceed $68,643 from the General Fund;
Approve a purchase order with Rick Engineering Company for on -call traffic engineering consultant services for Fiscal Year 2024/25, for an amount not to exceed $226,260 with $69,980 from Capital Improvement Plan Project No. 13049, $69,980 from Capital Improvement Plan Project No. 13050, $69,980 from Capital Improvement Plan Project No. 13053, and $16,320 from Capital Improvement Plan Project 13054; and Authorize the City Manager to execute the purchase orders on behalf of the City.
5 City Council Meeting Agenda June 18, 2024
9. Approval of Purchase Order for On-Call Plan Check, National Pollutant Discharge Eliminations System and Land Development Review Engineering Services - Michael Baker International, Inc.
Recommended Action:
Approve a purchase order with Michael Baker International, Inc. for on -call plan check services for Fiscal Year 2024/25 for an amount not to exceed $800,000 from the General Fund; Approve a purchase order with Michael Baker International, Inc. for National Pollutant Discharge Elimination System services for Fiscal Year 2024/25 for an amount not to exceed $55,000 from the Engineering NPDES Fund;
Approve a purchase order with Michael Baker International, Inc. for Land Development Review services for Fiscal Year 2024/25 for an amount not to exceed $69,357 from the General Fund; and
Authorize the City Manager to execute the purchase order on behalf of the City.
10. Approval of Purchase Orders with Anser Advisory Management, LLC for On-Call Public Works, Stormwater Pollution Prevention Plans, and National Pollutant Discharge Elimination System Inspection Services
Recommended Action:
Approve a purchase order with Anser Advisory Management, LLC, dba Anser Advisory, for on-call inspection services for Public Works and Storm Water Pollution Prevention Plans for Fiscal Year 2024/25 for an amount not to exceed $300,000 from the Engineering General Fund;
Approve a purchase order with Anser Advisory Management, LLC, dba Anser Advisory, for on-call NPDES inspection services for Fiscal Year 2024/25 for an amount not to exceed $120,000 from the Engineering General Fund; and
Authorize the City Manager to execute the purchase order on behalf of the City.
11. Approve an Agreement with Rosenow Spevacek Group, Inc Recommended Action:
Authorize a two-year agreement with Rosenow Spevacek Group, Inc; Authorize the City Manager to execute all necessary documents for two years with two additional one-year extensions; and
Acknowledge the bidding requirements were waived for the Proposed Agreement.
6 City Council Meeting Agenda June 18, 2024
12. Fiscal Year 2024/25 Tax Rates for the Community Facilities Districts Recommended Action:
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; 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
7 City Council Meeting Agenda June 18, 2024
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.
13. Citywide Traffic Signal Adaptive Timing Project
Recommended Action:
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.
14. Agreement with International Business Information Technology, Inc for LEFTA Software
Recommended Action:
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.
15. Agreement with M. Pino and Associates, Inc. for Background Investigation Services for Concealed Carry Weapon License Applicants.
Recommended Action:
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.
16. Conduct a Second Reading of an Ordinance to Amend the Murrieta Municipal Code regarding Electronic Bikes, Scooters, and Skateboards (E-Conveyances) Recommended Action:
Conduct the second reading and adopt Ordinance No. 605 -24 entitled: An Ordinance of the City Council of the City of Murrieta, California, amending Title 10 of the Murrieta Municipal Code relating to bicycles, electric bicycles, scooters and skateboards, and passenger loading and unloading of vehicles and adoption of exemption from the California Environmental Quality Act (CEQA).
PULLED CONSENT CALENDAR ITEMS
8 City Council Meeting Agenda June 18, 2024
PUBLIC HEARING
17. Adoption of the Fiscal Year 2024/25 Operating Budget for the Murrieta Fire District Recommended Action:
Conduct a Public Hearing; and
Adopt Resolution No. MFD 24 -223 entitled: A Resolution of the Board of Directors of the Murrieta Fire District Approving the Fiscal Year 2024/25 Operating Budget for the Murrieta Fire District.
DISCUSSION
18. Murrieta Library Expansion Design and Budget
Recommended Action:
Approve moving forward to the next phase of project design for design Option B; Approve the recommended project financing strategy, including use of an inter-fund loan; Authorize the City Manager to approve a change order for $222,700 to SVA Architects, Inc., Purchase Order No. P03681, for the next phase of design services; Approve a purchase order for $475,000 to RWBID Construction Management, LLC, for project and construction management services; and
Authorize the $500,000 Fiscal Year 2024/25 Capital Improvement Budget for the children's library expansion (CIP 21027) to be eligible for use effectively immediately.
19. Resolution Opposing California Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act
Recommended Action:
Adopt Resolution 24 -4762, entitled: A Resolution of the City Council of the City of Murrieta, California, Opposing California Initiative #21 -0042A1, which would Significantly Undermine Local Control and Disrupt the Ability of Local Governments to Provide Essential Services and Infrastructure.
9 City Council Meeting Agenda June 18, 2024
20. Resolution Nos. 24-4763 to 24-4765: Calling the November 5, 2024, General Municipal Election for Districts Nos. 3 and 4
Recommended Action:
Adopt Resolution No. 24-4763 entitled: A Resolution of the City Council of the City of Murrieta, California, Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 5, 2024, for the Purpose of Electing Certain Officers of Said City as Required by the Provisions of the Laws of the State of California Relating to General Law Cities; and, Other Election Matters as Required by Law, to include in the event of a tie vote, the tie will be determined by lot; and
Adopt Resolution No. 24-4764 entitled: A Resolution of the City Council of the City of Murrieta, California, Requesting the Board of Supervisors of Riverside County to Consolidate a General Municipal Election to be Held on November 5, 2024, with the Statewide General Election to be Held on Same Date Pursuant to §10403 of the California Election Code and Other Election Matters as Required by Law; and
Adopt Resolution No. 24 -4765 (OPTION A - 200 words) entitled: A Resolution of the City Council of the City of Murrieta, California, Adopting Regulations for Candidates for Elective Office, Pertaining to, and Costs of, Candidate Statements Submitted to the Voters at the Consolidated General Municipal Election to be Held on Tuesday, November 5, 2024; OR Adopt Resolution No. 24 -4765 (OPTION B - 400 words) entitled: A Resolution of the City Council of the City of Murrieta, California, Adopting Regulations for Candidates for Elective Office, Pertaining to, and Costs of, Candidate Statements Submitted to the Voters at the Consolidated General Municipal Election to be Held on Tuesday, November 5, 2024; and Direct the City Clerk to fulfill any administrative requirements in accordance with the law.
GOVERNING BODY ANNOUNCEMENTS
Governing Body Announcements is the opportunity for the City Council to provide miscellaneous reports and announcements. Announcements shall not exceed two minutes .
The City Clerk will use the computerized timer.
GOVERNING BODY ANNOUNCEMENTS - Received After Agenda Printed
COUNCIL MEMBER REQUESTS TO ADD OR WITHDRAW ITEMS TO FUTURE AGENDAS
ADJOURNMENT
10 CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No. CS1.
Subject:
Conference with Real Property Negotiator
The City Council will conduct a closed session, pursuant to Government Code section 54956.8, to enable the City Council to consider negotiations and to give direction to its negotiators regarding that certain real property, a portion of which is contained within or adjacent to Parcel No. 963-060-086 in the City of Murrieta, Riverside County, CA. The City’s real property negotiators, the City Manager, Assistant City Manager, and City Attorney, will seek direction from the City Council regarding the price and terms for this property.
CITY OF MURRIETA Printed on 6/13/2024Page 1 of 1
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11 CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No. CS2.
Subject:
Conference with Real Property Negotiator
The City Council will conduct a closed session, pursuant to Government Code section 54956.8, to enable the City Council to consider negotiations and to give direction to its negotiators regarding that certain real property located at the Northwest Corner of Linnel Lane and Whitewood Road, Murrieta, Riverside County, CA, APN: 392-290-048. The City’s real property negotiators, the City Manager, Assistant City Manager, and City Attorney, will seek direction from the City Council regarding the price and terms for this property.
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12 CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No. CS3.
Subject:
Conference with Legal Counsel
Anticipated Litigation The City Council will conduct a closed session, pursuant to Government Code sections 54956.9(d)(2), because there is a significant exposure to litigation in one case.
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13 CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No. CS4.
Subject:
Conference with Labor Negotiators
The City Council will conduct a closed session, pursuant to Government Code Section 54957.6, with the City Manager, the City Attorney, and the City's negotiators, regarding labor negotiations with (1) the Murrieta General Employees’ Association; and (2) the Murrieta Supervisors’ Association.
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14 CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No. CS5.
Subject:
Public Employee Performance Evaluation and Compensation The City Council will hold a closed session with the City's personnel officer, the city manager, pursuant to Government Code Sections 54957 and 54957.6(a), to conduct an employee performance evaluation of the City Manager and to discuss the salary, compensation and fringe benefits provided to the City Manager.
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15 CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No.
Subject:
Proclamation - Retirement, Sandra Valle - Police Officer CITY OF MURRIETA Printed on 6/17/2024Page 1 of 1
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16 CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No.
Subject:
CITY MANAGER ADMINISTRATIVE UPDATES - Received After Agenda Printed CITY OF MURRIETA Printed on 8/7/2024Page 1 of 1
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17 Special Event Update
Laura Frasso, Special Event Supervisor
June 18, 2024
Received After Agenda Printed
6/18/2024 - Regular Meeting
CITY MANAGER - ADMINISTRATIVE UPDATE
Presentation
18 2
2024 Best of Show Winner: 1936 Ford Roadster
Thank you to the participants and judges!
19 3
Upcoming
Special Events
• June 22-23 Newman Hospitality
Group- Old Town Music Fest
• June 29 – Murrieta’s Birthday Bash
• July 6, 13, 20, 27 – Summer
Concerts in the Park
20 4
Newman Hospitality
Group (NHG)
• June 22-23 – Old Town
Music Festival
• 4th Annual Event
• 10 artists over 2 days
• Purchase tickets online at
oldtownmusicfestival.com
• Held at Town Square Park &
Amphitheater
Upcoming Events:
21 5
22 6
23 What’s going on i n
Murri
eta?
Cristina Davies, Public Information Officer
June 18, 2024
Received After Agenda Printed
6/18/2024 - Regular Meeting
CITY MANAGER - ADMINISTRATIVE UPDATE
Presentation
24 2
Events
Coffee with the City
• Date: Tuesday, June 25
• Time: 8:30 am
• Location: 26442 Beckman Ct. Murrieta, CA
92562
25 3
Job Opportunities
• Public Safety Dispatcher |/||
• Recreation Leader (Part-Time)
www.murrietaca.gov/Jobs
26 4
Stay Connected
MurrietaCa.Gov/Connect
27 CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No.
Subject:
GOVERNING BODY REPORTS - Received After Agenda Printed
CITY OF MURRIETA Printed on 8/7/2024Page 1 of 1
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28 MURRIETA CITY COUNCIL
Governing Body Reports
Council Member Holliday
June 18, 2024
Received After Agenda Printed
6/18/2024 - Regular Meeting
GOVERNING BODY REPORTS
Presentation
29 Governing Body Reports:
Council Member Holliday
[email protected]
June 16, 2024 Attended the Code Enforcement Policy [Ad-Hoc] Committee meeting. 30 MURRIETA CITY COUNCIL
Governing Body Reports
Mayor Stone
June 18, 2024
Received After Agenda Printed
6/18/2024 - Regular Meeting
GOVERNING BODY REPORTS
Presentation
31 Governing Body Reports:
Mayor Stone
[email protected]
June 16, 2024 Attended the Code Enforcement Policy [Ad-Hoc] Committee meeting. 32 MURRIETA CITY COUNCIL
Governing Body Reports
Mayor Pro Tem Warren
June 18, 2024
Received After Agenda Printed
6/18/2024 - Regular Meeting
GOVERNING BODY REPORTS
Presentation
33 Governing Body Reports:
Mayor Pro Tem Warren
[email protected]
June 12, 2024 Attended the Riverside County Transportation Commission Board (RCTC)* meeting. - Approved the proposed Fiscal Year 2024/2025 budget.
- Approved the Western Riverside County Measure A Specialized Transit Program Fiscal Years 2024/2025 – 2026/2027 Call for Projects awards totaling $9,945,249 *Per FPPC Regulation, appointed positions may receive compensation – AB 1234 34 CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No.
Subject:
PUBLIC COMMENTS (NON-AGENDA) - Received After Agenda Printed CITY OF MURRIETA Printed on 8/7/2024Page 1 of 1
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35 OF
R
CELEBRATING 1S YEARS
Received After Agenda Printed
6/18/2024 - Regular Meeting
PUBLIC COMMENTS (NON-AGENDA)
Handout
36 Rotary ~
Club of Murrieta
PRESIDENT'S
WELCOME
Welcome
To the 15th Annual
Murrieta Field of Honor!
What an exciting milestone for our community -
the City, school district and Rotary Club of Murrieta,
where I am proud to serve as 2023-24 President.
Like the City of Murrieta, the Field of Honor has
grown from its first appearance in November 2009.
Sections of interest have been added, including local
heroes, California Medal of Honor recipients, historical flags, a patriotic chalk walk and flags of all the states in the United States.
Our mission has remained the same throughout
- to present a respectful patriotic event honoring
heroes. We are thankful to the greater Inland Empire
community that has supported the Field of Honor with
flag purchases and attendance at the various events
during the week. A complete schedule of events for
the 2023 Field of Honor appears on page 6 of this
magazine. And, it's not too late to purchase a flag and honor your hero, right here at the Field.
For the third consecutive year, the Rotary Club of
Murrieta is welcoming the Rotary Club of Temecula
Valley - New Generations as a partner in presenting
the Field of Honor . We appreciate their innovative
ideas and muscle in accomplishing the many tasks
that are required.
And, of course, we could not present the Field of
Honor or the many community projects we undertake
without our dedicated sponsors, many of whom are
Legacy Sponsors who have been with us since that
first 2009 Field of Honor. We are deeply indebted to
them . Starting in its early years, the Field of Honor
provided funding for the soon-to-be completed
Murrieta Field of Honor •
Murrieta Through Time walls on the park's west
side and for the Veterans Memorials, which will now
include the finished Vietnam wall. Now, proceeds
from the Murrieta Field of Honor fund all of our local
community and international projects, 60 percent of
which involve education. We thank our sponsors .
The City of Murrieta has been our key partner
from those beginning months of imagining a field of
flags which would honor heroes of all types. Town
Square Park was just completed when Bob Bryant,
our founding organizer, approached the City with this
idea. The City has dedicated staff resources to it and
made it a Signature Event for this expanded park.
Bringing Murrieta Valley School District's fifth
grade classes to the Field of Honor was the idea of
then- Superintendent Stan Scheer. A member of
the Rotary Club of Murrieta, Stan was there for the
very first presentation and determined this was a
perfect field trip for fifth graders studying U.S. history.
Thousands have grown up with this experience as
Stan's successors have continued that determination.
On behalf of Murrieta and New Generations Rotary
Clubs, I look forward to seeing you on the Field this
year. Thank you for your support.
Rob Haskins I
President, 2023-2024
ROTARY CLUB OF MURRIETA
37 At American Family Administrators, we express our gratitude for your serv ice by championing your VA disability claims.
Expertly navigating programs such as the PACT Act, Blue Water Navy, Agent Orange, and Camp Lejeune to secure the benefits you deserve is our tribute to your bravery.
With over 30 years of experience , we are dedicated to assisting veterans who face challenges like Parkinson's , Type 2 Diabetes, Prostate Cancer, and more .
Learn how you can qualify for Veteran benefits of up to $4,250 A MONTH, TAX FREE!
TABLEOF
CONTENTS
2023 I Celebrating 15 Years
Schedule of Events
Flag Dedications
Field of Honor Sponsors
Salute to 15 Years
Rotarians in Action
2023 Heroes Recognition
Vietnam Veterans Memorial
American War Letters
Navigating The Field
5th Grade Student Pages
Flag Etiquette
Lessons in Patriotism
History of Veterans Day
Our Country's Songs
Murrieta Through Time
38 Murrieta Field of Honor
SCHEDULE OF
EVENTS
04 SATURDAY
7:00AM-10:00AM I Field Setup
9:00AM-4:00PM I Chalk Art in Progress
9:00AM-5:00PM I Field Open
Flag Dedications Available
10:00 AM I Opening Ceremonies
05 SUNDAY
9:00AM-4:00PM I Chalk Art in Progress
9:00 AM -5:00 PM I Field Open
Flag Dedications Available
06 MONDAY
9:00AM-5:00PM I Field Open
Flag Dedications Available
12:00 PM I Rotary Luncheon by Invitation
FREE TO ALL VETERANS
07 TUESDAY
9:00AM-5:00PM I Field Open
Flag Dedications Available
08 WEDNESDAY
9:00 AM - 5:00 PM I Field Open
Flag Dedications Available
6:00 PM I Candlelight Concert
-
NOVEMBER4-11, 2023 I
Field is open every day from
9:00 AM to 5:00 PM
09 THURSDAY
9:00AM-5:00PM I Field Open
Flag Dedications Available
10 11
12 FRIDAY
9:00AM-5:00PM I Field Open
Flag Dedications Available
12:00 PM I Marine Corps Birthday Celebration
5:00 PM I BSA Scout Flag Retirement Ceremony
"The Final Salute"
SATURDAY I **VETERANS DAY**
9:00AM-5:00PM I Pick Up Purchased Flags
10:00AM I City of Murrieta Veterans Day Parade
Special Event I Vietnam Veterans Memorial
Unveiling at Town Square Park to occur shortly
after conclusion of Parade (see City website for
details: MurrietaCA.gov)
SUNDAY
9:00 AM-12:00 PM I Pick Up Purchased Flags
Murrieta Field of Honor •
FLAG
DEDICATIONS
How to buy a flag and why
The flags on the Field of Honor have a two-fold
purpose. One is to honor our personal heroes and the
other is to raise funds for community service projects
funded by both the Murrieta Rotary Foundation and
Rotary Club of Temecula Valley - New Generations
Foundation.
Each flag has meaning . It tells a story of a person who is special, inspirational and memorable to someone else. The flag stands for all the admiration that special person deserves in the mind of his or her champion. They are bought to honor military personnel, first responders, and others who have made an impact in a person's life.
The funds generated by the flag sales are used to support the many avenues of service the Rotary Club of Murrieta and Rotary Club of Temecula Valley - New Generations conduct throughout the year. This includes thousands of dollars in scholarships, teacher grants, youth projects, international project s like clean water, Special Needs dance, student music and speech contests, and many more. At least $60,000 is put back into our local economy every year by benefiting these many projects.
Buying a flag is easy. You can purchase in person any
day the Field is open, purchase online any day or night, or purchase from one of our affiliates (who then earn dollars for their own causes). Check out MurrietaFieldOfHonor.com, or visit us at the Field and honor your hero .
Honoring
Our
Heroes
Today and every day!
Purchased flags will be available
for pick-up to take home Saturday,
November 11 from 9 AM to 5 PM
and Sunday, November 12 from
9 AM to 12 PM.
39 Murrieta Field of Honor -
-
THANKYOUFORYOURSUPPORT
The Rotary Club of Murrieta and Rotary Club of Temecula Valley New Generations are honored to bring this special field of flags and the related activities to you. We recognize that none of this would be possible without the support of our partner. the City of Murrieta, and our generous sponsors, hard-working affiliates and tireless volunteers. Thank you all for being a part of our 15th annual Murrieta Field of Honor.
TITLE EVENT SPONSORS
PECHANGA * SECURITAS * MIKE SHIRLEY*
RIVERSIDE COUNTY THIRD DISTRICT SUPERVISOR *
HONOR LEVEL
• HP Communications
• JAGS Gives Back
• The Hartmann Team of American
Pacific Mortgage *
• Veterans Advocacy Associates (VAA)
PATRIOT LEVEL
8 Bit Brewing Company
Corporate Events
Craig and Anne Young
Dawn Pavlik
Doreen Tate
Erickson-Hall Construction
Excel Landscape*
Gosch Ford*
Kaiser Permanente Riverside County*
La Pointe Wealth Management*
Logan Capital Advisors
Palomar Health Medical Group
Paradise Chevrolet*
Patsy Orr*
Sierra West Electric
Southwest Healthcare System *
TTC4Success
Westside Enterprise
STAR LEVEL
AALRR Law Office
Accelerate Learning, Inc.
Constant Companions*
OCH Auto Group *
Grace Ontiveros I RE/MAX
• Jeffrey and Khanitta Klein
Loma Linda Univers ity Medical Center,
Murrieta *
Madison Square Dentistry
Mike and Cindy Stromsoe
Pacific Premier Bank
Peter A. Sansom Law
PKC Kuebler, APC *
PRP Seats
Ready 2 Smile Dental Group *
Riptide Systems
Rob Haskins I RH Benefits Insurance
Ruff & Ready Moving
Southern California Gas Company*
SRCAR
Temecula Valley Toyota I Lexus
The Linden
Trinity Connections
Wayne Stockmyer
STRIPE LEVEL
5 Star Students
Abbott
Avatar Website Design
Bob and Gretchen Bryant*
Comprehensive Autism, Inc.
Cornerstone E&S Insurance Services
Coworking Connection I Impact
Marketing
Cynthia Nordskog *
Dannis Woliver Kelley
Davies Financial Advisors
Davis Family Insurance
Dr. Todd Bringhurst
Thank you to our Designated Field Photographer-Rotarian Doreen Tate F3 Law I Fagen Friedman & Fulfrost LLP
First Community Capital Inc.
George and Sue Steele *
Imagine Learning
Inland Valley Cardiovascular Center
Inland Valley Water Works, LLC
• Jan Lunday
• Jesse Slagill Agency
• Jones Realty Group
• Julie Ngo I State Farm
K23 Systems
Kirk Effinger/Century 21 Affiliated
KTM
Linda Dozier
Marsha Hall Brown In Loving Memory*
Micro Grow
Murrieta Solar Power
NBS
Platinum Wealth Management*
Reliant Foodservice
Richie's Real American Diner*
Shoup Legal
Stew's Barbershops
The Law Offices of Stephen A. Lindsley
The Layton Family
West Coast Chiropractic*
SPECIAL THANKS
Bamm! Promotional Products *
Colonial Flag
Lake Elsinore Valley Water District
Potamus Press
Sizzler
Temecu la Restore
Titan Tent Rentals*
* LEGACY SPONSORS
40 ..... , -'u:-----1 I
Proudly Supports
The Rotary Club of Murrieta
15th Annual Field of Honor
Erickson-Hall C
An Employee Owned Company
Erickson -Hall Construction Co.
11810 Pierce Street, Unit 150, Riverside , CA 92505, P. 951.358.0738 San Diego I LA /Orange I Riverside I Imperial
www.ericksonhall.com
-
BORN TO RESPECTFULLY HONOR HEROES
Murrieta
Field of Honor
The late Rotarian Joe Lawlor said it best, Murrieta Field of Honor would be a "respectful patriotic event," not any sort of fair or carnival atmosphere. For 15 years, the Rotary Club of Murrieta in partnership with the City of Murrieta has determinably strived to present a magnificent awe
inspiring field of flags as a service to the community.
The Murrieta Field of Honor
got its start in 2008 when the
Rotary International Convention
was held in Los Angeles. Murrieta
Rotarian George Steele, a past
District governor, was asked
to head up the Rotary Retail
portion of the convention's
House of Friendship. A veteran
retail executive, now manager of
the Rotary "mall" with vendors
from around the world, George
disco vered a large booth of
American flags while acquainting
himself with the vendors . In turn ,
he suggested Murrieta President
Nominee Bob Bryant visit the
Colonial Flag Company booth
thinking it might be something
Murrieta Rotary could develop
as part of its community service.
Bob Bryant brought special
empath y to the concept of
honoring those who have served,
and to heroes in general. He
served with the US Air Force in
Viet Nam in the early Seventies,
and as a ground radio operator,
he worked in forward air control.
These are the servicemen that
flew into areas in 02 Skymasters
as obser vers and directed the
aircraft that would be attacking
Viet Cong positions . Most of his
time was spent in the Central
Highlands (Pleiku). At one point,
he was in the middle of nowhere
and directin g aircraft to position s
just 1 00 yards from him. Accuracy
was very important.
Now in 2008, he was in the
insurance business, active in
Murrieta Rotary and ready to
spend time getting to know about
Colonial Flag Foundation , and the
program they had offered with
Healin g Fields since the 9/11
attacks.
Upon returning to Murrieta,
Bob presented the concept
to his fe llow Rotarians (many
were skept ical), an organizing
committee was formed and
discussions were started with the
City of Murrieta . Town Square
Park was a central feature of the
newly constructed civic center
and where Murrieta Rotary was
alread y proposing to build a
Murrieta Through Time display.
Another Vietnam veteran, then
Assistant City Manager Jim
Holston had noted the City was
looking for events to get peop le
to this unknown park . Just a
year and some months after
that Rotar y Con vention , the
Murrieta Field of Honor debuted
for Veterans Day week 2009,
flying 1,200 flags.
Bob is founder of the Field of
Honor and with Past President
Frank Donahoe worked in
developing relationships with the
City as well as Colonial Flag and
community business sponsors.
They served as co-chairs for
nearly 10 years. It took a strong
group of Murrieta Rotarians and
support from many long-term
sponsors to make it the Signature
Event it is today. Early Rotarian
comm ittee members, like Past
President Patsy Orr (the only
female on that first organizing
committee) and late Rotarians
Joe Lawlor and Al Vollbrecht ,
brought immeasurable talents to
the creation of this event. Dennis
McCarbery , with his extensi ve
public agency work experience,
and George Steele, with his keen
sense of doing things in the right
way, also have been key players
in the development of the Field
of Honor.
This November, Bob Bryant
and his sidekick Frank Donahoe
will be on the Field, (familiarl y
called Frank and Beans) no longer
directing the events but still
inspir ing all that transpires.
Pictured (L to R): Frank Donohoe ("Fronk'')
and Bob Bryant ("Beans'')
41 Proud o support the Field of Honor
THE XT6 IS IN A CLASS OF ITS OWN.
FIRST-CLASS.
Contact Becky Young
for Special Pridng
951-903-3311
-
Rotarians
PEOPLE OF
ACTION
Murrieta Field of Honor II
NET PROCEEDS FROM MURRIETA FIELD OF HONOR HELP FUND ROTARY'S
LOCAL COMMUNITY AND INTERNATIONAL SERVICE PROJECTS
• Vocational Service Awards
• Teacher Grants
• High School Music & Speech
Competitions
• Youth Scholarships (MVUSD,
Military & Career Tech)
• Child Spree for Low-Income Kids
• Cub Scout Troop Sponsorship
• Student of the Month Program
~ Rotary ~
Club of Murrieta "
Meetings held every week on
Monday at 12 PM at Richie's Diner
in Murrieta
MurrietaRotaryClub.org
• Thanksgiving Meals
• Tree Planting in Local Parks
• RYLA & PRYDE Youth Leadership Camps
• Service Projects for Seniors
• Foster Youth Support
• International Youth Projects
• International Water Projects
• Support of Rotary lnternational's Goal to
Eradicate Polio
Tem~~!~a~! *
New Generations
( "New" Old Town Temecula Rotary)
Meetings held on the 2nd and 4th
Wednesday of every month at 6 PM at
Gambling Cowboy in Temecula
NewOldTownRotary .com
42 -
2023
Field of Honor
Heroes
Congratulations! To our 2023 Heroes, each of whom was
nominated by family, friend or acquaintance.
\\\
"
\' DENNINE HARRISON
An Air Force Veteran, and Military Spouse, Dennine Harrison is a Teacher on Special Assignment and the Military Liaison for Murrieta Valley Unified School District. She served in the USAF from 1997- 2003 and left the Air Force at March Air Reserve Base here in Riverside County. Her military career was spent as a member of the 730th Airlift Squadron at March Air Reserve Base where she worked in aviation resource management. She managed all administrative support functions for the squadron's worldwide airlift mission.
She was at March ARB for the transition from the C-141 Starlifter to the C-17 Globemaster which was a tremendous undertaking for the base and squadron.
Following her time in the Air Force she earned her master's degree and teaching credentials while raising four children attending schools in Murrieta Valley Unified School District. Dennine joined MVUSD as a special education teacher at Dorothy McElhinney Middle School in 2013 and is currently working with students throughout the district who have orthopedic impairments.
Dennine is the chair of MVUSD Military Advisory Committee and works in conjunction with local military installations to ensure 4,000+ enrolled military-connected students are properly supported to meet their unique needs.
RYAN PRICE
A U.S. Army Veteran, Ryan joined the military in 2004 after graduating from Perris High School. He was serving in Afghanistan when a roadside bomb caused him to lose both of his legs and resulted in nerve damage to his right arm.
A gunner on a Humvee, Ryan was serving with the 101 st Division in the Khost Providence of southeast Afghanistan near the Pakistan border when they were hit by the roadside bomb. Before going to Afghanistan in 2008, he had served with the Fourth Infantry Division out of Fort Hood, Texas, and done a tour in Iraq. Following the bombing, he was flown to Germany for treatment, then to Walter Reed Hospital in Washington, D.C., and from there to San Diego where he was fitted with prosthetics.
Now 37 years old and a Hemet resident, Ryan is the father of three children.
Murrieta Field of Honor Ill
WILLIAM "BILL" BECKER
Joining the U.S. Army Air Corps in 1944, Bill learned to fly at age 18; shortly afterward, he was assigned duties to aid the French Resistance by dropping supplies over France, Norway, Belgium and Italy.
Bill was part of a crew that flew clandestine missions inside German-occupied territories. The U.S. office of Strategic Service (today's Central Intelligence Agency} called the effort Operation Carpetbagger. Using modified B-24 Liberator aircraft, the OSS authorized more than 1,860 missions between England and various points in occupied Europe between January and September 1944.
A sergeant and gunner, Bill said they flew agents, weapons, ammunition, explosives and other military under the cover of darkness. "We were told that if we didn't do what we did, the war would have lasted another two years," Bill told reporter Diane A Rhodes in a story for My Valley News in May. His job was to sit in the top turret where he could see all around and protect the airplane. Agents and supplies were dropped through an opening in the aircraft's belly.
Bill left the military in 1946 but was unable to discuss his OSS activities until the 1980s when the information was declassified. Now 97 and living in Hemet, Bill serves as reunion director for the carpetbaggers group (he's the only one of the originals left} and as treasurer and newsletter editor of the 801 st/492nd Bombardment Group Veterans Association. In June, Bill returned to France for a D-Day ceremony in Normandy. In 2013, Bill along with five American World War II veterans received France's highest decoration, the Legion of Honor. He has also been awarded the Congressional Gold Medal and was the first American airman to receive the Norwegian Defense Medal.
MEMORIAL HONOR DETAIL
Every working day, members of the Memorial Honor Detail at Riverside National Cemetery report for duty, providing a final tribute to fellow veterans at their final resting place. The all-volunteer Memorial Honor Detail numbers some 300 former military servants who have chosen to continue serving their country in this manner.
If requested for a veteran's burial, the Memorial Honor Detail will provide rifle volleys, TAPs and the folding and presentation of the American flag. Requests for these honors are made through funeral directors.
Riverside National Cemetery is the biggest of the national cemeteries. It was the first cemetery commissioned by the National Cemetery Administration 50 years ago ..
The Memorial Honor Detail at Riverside had its beginnings in the mid-1990s with military base closures and downsizing. Military Honors at the Riverside National Cemetery had become almost non-existent. A small group of veterans took action and formed the Memorial Honor Detail, offering military honors for burials starting in 1996. From just three teams and two dispatchers, the non-profit organization has grown to over 300 volunteers, six armorers and a 15-member board of directors. All branches of the United States military are represented in the Detail's members.
Since 1996, the Memorial Honor Detail has served at 66,305 interments, spending 651,984 volunteer hours.
The Memorial Honor Detail works closely with Riverside National Cemetery although they are not part of it. The Cemetery does provide them with an office.
43 Murrieta Field of Honor ■
Vietnam Veterans
Memorial -UNVEILED ON VETERANS DAY
New memorial adds meaningful tribute
to Town Square Park, honoring
those who served.
Murrieta Town Square Park
is home to a un ique veterans
memorial that reflects the
strong patriotism and respect
for the military that is prevalent
throughout the Murrieta
community . A tall, granite obe lisk
stands proudly above a series
of walls depicting dramatic and
emotional imagery of men and
women who served and sacrificed
in our nation's defense. The City
of Murrieta is proud to announce
the dedication of the next wall in
the series: the Vietnam Veterans
Memorial.
Current ly, the memorial
includes an obe lisk representing
the military branches (prior to the
addition of th e U.S. Space Force),
an MIA/POW tribute, and walls
representing the Revolutionary
War, War of 1812, Civil War,
Wor ld War I, World War 11 , and
the Korean War. Now, a new wall
depict ing the valor of those who
served in Vietnam will, too, be a place for visitors to reflect.
To ensure the new memorial wall and those it honors get the recognition they deserve, the City and multiple partners-including project consultants Anser Advisory-planned a specia l unvei ling event to take place fo llowing the City's annua l Veterans Day Parade on Veterans Day, Saturday, November 11 . The unveiling will begin shortly after the conclusion of the parade, which is always a community favorite.
Take a moment to pause and honor the unique significance of this memorial during your next visit to Town Square Park. By honor ing those who served, we honor the sacrifices they made to ensure we live in peace with our freedom .
44 Supports the Murrieta Field of Honor
26755 Jefferson Avenue, Suite F
Murrieta, Calif. 951-677-2322
45 American War
Letters Accompany
Student Songs
At Candlelight Concert
Wednesday, November 8
Against an evening backdrop of2,023Amer ican
flags, Murrieta middle schoo l students will sing
patriotic songs between readings of letters from
war on Wednesday, Novembe r 8. Perhaps the
most somber, heart-wrenching event of the week
long Field of Honor, the student concert and
readings by The Wunder lich Family are special
indeed.
Letters like those read from th e Town Square
Park stage have been tucked away in attics,
closets, and basements throughout this country.
There are millions of letters writte n by men and
women who have served in the U.S. Armed
Forces. These letters are an irrep laceable record
of the sacrifices made by military personnel and
their families, and they need to be preserved.
Murrieta Field of Honor II
Chapman University has established The Center
for American War Letter s (CAWL) as an extensive
manuscript repository of these unique historical
letters from every American conflict from the
Revolutionary War to modern day combat. As you
will hear fr om our selectio n of the se 'Letters from
War', they offer eyewitness accounts of famous
battles, major world events, and encounter s with
prominent militar y leader s. But even the more
personal messages, such as heartfe lt expressions of
affection or words of support and encouragement
between separated loved ones, offer valuable
insight into the wartime experience. Many of
these letters are also extremely significant from
a historical perspect ive and are a vital record of
the collective memory of the American people, as
witnessed and articulated by service members ,
veterans, and their loved ones, who experienced
these wars firsthand .
For the past decade the Murrieta Field of
Honor has presented a selection of these letters
together with a musical arrangement appropriate
to each letter's time period. We hope you enjoy
and appreciate the significance of these art ifacts
as a record of different times in the history of our
great nation.
46 FARMERS
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country.
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MURRIETA
FI ELD OF HONO R"
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MURRIETA
FIELD O F H ONOR•
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Thank you to all Veterans who served.
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47 Murrieta Field of Honor
LOCAL HEROES SECTION
131 FLAGS
The Local Heroes section is
dedicated to mi litary personne l
res iding in R iverside and San
Bernardino Counties wh o have
died in service to their country
since 2003. Each flag has a ribbon
with a tag noting each service
member's branch of service (Army,
Air Force, Coast Guard, Marines or
Navy), rank (Private to Lieutenant
Colonel ), name, age (18 to 48),
hometown and date of deat h.
These men and women are local,
there are several from Murrieta.
You and your fami lies may know
some of the families affected.
The flags are arranged in
chrono logical (date) order - starting
with the first in 2003. There are 131
flags.
You can see why th is field of
flags means so much to many
people. This Local Heroes Field is
about the present. Young people
are giving their lives now for the
freedoms we all enjoy today.
It's about Heart. It's about Love.
It's about Loss. It's about those
who died protect ing us against
those who do not want us free: It's
about us today.
-
Navigating
The Field
MEDAL OF HONOR FIELD
80 FLAGS
The Medal of Honor sect ion
includes 80 very special flags -- one
for every Californian who has been
awarded th e Congressional Medal
of Honor since World War I.
The Congress ional Medal of
Honor i s th e highest award fo r
valor against an enemy force which
can be awarded to a membe r of
the United States Armed Forces.
It is generally presented by the
President of the United States.
The award was created in
1862 and since then, even tho ugh
millions of people have been in the
military, only 3,504 have received
this award. Only66 are living today.
On each of these special flags
there is a report called a Citat ion,
telling what courageous action was
performed by the individual to earn
the Medal of Honor.
OFFICIAL FLAGS OF THE
UNITED STATES
27 FLAGS
There are 27 Flags which have
officia lly flown over t he United
States of America. The flags are
arranged in chronologica l (date)
order - from the first to the most
recent.
Each flag includes a descriptio n
of its adoption and the historical
era (or time period) during which
it flew as the official United States
flag.
In addition, this display includes
six flags that have appeared during
various periods of America's history,
including the Betsy Ross flag which
is often mistakenly considered to
be the first flag.
The nation's first Flag Act was
passed by the Continental Congress
on June 14, 1777, "Resolved. That
the flag of the United States be
made of th irteen stripes, alternate
red and white; that the union be
thirteen stars, white in a blue field,
represent ing a new Constellation."
Since the appearance of that
first 13-str ip e flag and t oday,
Congress has passed several acts
that changed the design of Old
Glory, including the custom of
adding a new star as each new
state was admitted to the Union.
Once a flag is adopted, it is official
forever and can be appropr iately
flown. Today, the flag consists of
13 horizonta l stripes, represent ing
th e original 13 colonies, and th e
stars represent the 50 states of
the Union.
Can you figure out which flag was
flying during each war?
VETERANS MEMORIAL
The Veterans M e m or ial
Monument at Town Square Park
is designed to create and maintain
a d ign ified Veterans memo ri al
,,
,,
reflecting contributions made
by veterans from al l branches
of the military throug hout the
history of the United States, and to
acknowledge as well as honor the
courage, commitme nt, and heroism
demonstrated by all Veterans past
and present. The memoria l's
concept is that each conflict brings
lives and countries into moments
of intense passion and conf lict,
comm itment and escape, and
euphoria and desperation.
The memoria l i s set in a
meandering decomposed granite
path that winds th r ough the
existing "V" pattern to represent
these feelings and commitments.
An obelisk with an inlaid granite
American flag set in a base honor
the five branc hes of mi litary
service (Army, Navy, Marines, Coast
Guard, and Air Force) and is th e
highest visual identification of the
memorial, easily seen thro ughout
the site.
Eventually seven individual walls
of black granite will represent the
United States' var ious conflict s.
The walls are etched with images
of those who served, taken from
pictures of actual events or from
renderi ngs. Each wall is set in a
chronological time line to be viewed
from both pathways but is also set to
interrupt the decomposed granite
path that links the monument
walls. It is thi s interruption that
symbolizes those struggles and
abrupt interruption of life. The
heights and shapes represented in
the inclined and buried portions of
the walls symbo lize the moments
of rise and fall in events that
occurred dur ing these conflicts. A
memor ial dedicated to prisoners of
war or those missing in action, sits
away from both main pathways.
The Veterans Memorial includes
the obe lisk plus the World War
II, Korean War and POW/M IA
memorials. The newly completed
Vietnam War memor ial is being
dedicated by the City of Murrieta
following the 2023 Veterans Day
Parade on Saturday, November 11.
STATE FLAGS
Our State Flags- The flags of
the states that make up the United
States of A merica reflect varying
histories and regional differences .
Most of the states' flags were
adopted around the turn of the 20th
Century when each state wanted to
have distinctive symbols on display
at th e 1893 World's Columb ian
Exposit ion i n Chicago, IL. Most
of the flags have an interest ing
history, reflective generally of the
region's experiences. California's
flag, for example , was originall y
used to declare independence
from Mexico in 1846, calling it the
"California Republic." The California
legislature declared it the official
state flag in 1911.
911 MEMORIAL
"We will never forget!" The
Murrieta Rock Garden is dedicated
to those who lost their lives in the
September 11, 2001 attacks on our
Murrieta Field of Honor II
Country. Four passenger airliners
were hijacked by 19 al-Qaeda
terror ists and were del iberately
crashed into two towe rs o f t he
World Trade Center in New York,
the Pentagon in Washingto n, DC,
and a field in Stonycreek Township,
near Shanksville, PA The attacks
killed 2,996 people and injured
over 6,000 others . Among those
who perished were 344 firefighters
and 72 law enforcemen t officers.
In addition, 55 military personne l
died in the Pentagon attack.
AL VOLLBRECHT
ROTARY CHALK WALK
Chalk artists add to the patriot ic
imagery of the Field as each piece
pays tribute to those who serve
above self. Introduced by the
late Rotarian Al Vollbrecht, the
walk stretc hes along the concrete
sidewalk as art ists work through
open ing weekend, November 4
and 5. The displays will remain
available for viewing throughout
the week.
48 Murrieta Field of Honor
5TH GRADE STUDENT PAGES
FIELD OF HONOR QUESTIONS
Medal of Honor Station
Write the name of one Medal of Honor recipient, branch of service (Army, Navy, Air Force, or Marines), and one detail that caught your attention.
Official United States Flag Station
Describe one official United States flag. Include the number of stars and stripes, the year it was made, and one detail that caught your attention.
Murrieta Field of Honor •
Local Heroes Station
Describe one local hero including their name, branch of service (Army, Navy, Air Force, or Marines), city they were from, and one detail that caught your attention.
State Flags Station
Draw a picture of the state flag of your choice. What is the name of the state? Why did you pick this state flag?
49 5TH GRADE STUDENT PAGES continued ...
War Memorials and Obelisk Station
Which memorial is your favorite? Why?
9/11 Rock Garden Memorial Station
What information caught your attention? Why?
Chalk Art Station
Describe one chalk art scene. Why did you pick this chalk art scene?
LA POINTE
- WEALTH ADVISORS -
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MURRIETA
Field of Honor
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51 Murrieta Field of Honor
-
Flag
Etiquette
STANDARDS OF RESPECT
Remember that every one of these flags
represents one of our local heroes, who could
be your brother, sister or loved one. While you are
here visiting them you should pay your respects
without any running or loud conversations. Many
of you will see adults also visiting the field while
you are here. Remember that they may have
loved ones who are no longer with us and may be
silently meditating and remembering that person.
So show them your respect by doing the same.
When visiting the flags of our Local Heroes
show your respect. The flags placed in this
area represent the local men and women who
have given their last measure of devotion to our
country and represent the great struggle for
freedom.
The following is the Flag Code, which formalizes
and unifies the traditional ways in which we
give respect to the flag:
The flag should never be dipped to any
person or thing. It is flown upside down only
as a distress signal.
• The flag should not be used as a drapery,
or for covering a speaker's desk, draping a
platform, or for any decoration in general.
Bunting of blue, white and red stripes is
available for these purposes. The blue stripe
of the bunting should be on the top.
The flag should never be used for any
advertising purpose. It should not be
embroidered, printed or otherwise
impressed on such articles as cushions,
handkerchiefs, napkins, boxes, or anything
intended to be discarded after temporary
use. Advertising signs should not be attached
to the staff or halyard.
The flag should not be used as part of a
costume or athletic uniform, except that a
flag patch may be used on the uniform of
military personnel, fire fighter, police officer
and members of patriotic organizations.
The flag shou ld never have placed on it, or
attached to it, any mark, insignia, letter, word,
number, figure, or drawing of any kind.
The flag shou Id never be used as a receptacle
for receiving, holding, carrying, or delivering
anything.
When the flag is lowered, no part of it should
touch the ground or any other object; it
should be received by waiting hands and
arms.
• To store the flag it should be folded neatly
and ceremoniously.
EVOLUTION OF
THE UNITED STATES FLAG
No one knows with absolute certainty who
designed the first stars and stripes or who
made it. Congressman Francis Hopkinson
is most likely to have designed it and few
historians believe that Betsy Ross, Philadelphia
seamstress, made the first one.
Until the Executive Order of June 24,
1912, neither the order of the stars nor
the proportions of the flag was prescribed.
Consequently, flags dating before this period
sometimes show unusual arrangements of
the stars and odd proportions, these features
being left to the discretion of the flag maker.
In general, however, straight rows of stars and
proportions similar to those later adopted
officially were used.
The principal acts affecting the flag of the
United States are the following:
On June 14, 1777, in order to establish
an official flag for the new nation, the
Continental Congress passed the first Flag
Act: "Resolved that the flag of the United
States be made of thirteen stripes, alternate
red and white; that the union be thirteen
stars, white in a blue field, representing a
new Constellation."
Act of April 4, 1818 - provided for 13 stripes
and one star for each state, to be added
to the flag on the 4th of July following the
admission of each new state, signed by
President Monroe .
Executive Order of President Taft dated June
24, 1912 - established proportions of the flag
and provided for arrangement of the stars
in six horizontal rows of eight each, a single
point of each star to be upward.
Murrieta Field of Honor -
Executive Order of President Eisenhower dated January 3, 1959 - provided for the arrangement of the stars in seven rows of seven stars each, staggered horizontally and vertically.
Executive Order of President Eisenhower dated August 21, 1959 - provided for the arrangement of the stars in nine rows of stars staggered horizontally and eleven rows of stars staggered vertically.
DISPLAYING THE FLAG
OUTDOORS
When the flag is displayed from a staff projecting from a window, balcony, or a building, the union should be at the peak of the staff unless the flag is at half staff.
When it is displayed from the same flagpole with another flag - of a state, community, society or Scout unit - the flag of the United States must always be at the top except that the church pennant may be flown above the flag during church services for Navy personnel when conducted by a Naval chaplain on a ship at sea.
When the flag is displayed over a street, it should be hung vertically, with the union to the north or east. If the flag is suspended over a sidewalk, the flag's union should be farthest from the building.
When flown with flags of states, communit ies, or societies on separate flag poles which are of the same height and in a straight line, the flag of the United States is always placed in the position of honor - to its own right. The other flags may be smaller but none may be larger. No other flag should be placed above it.
The flag of the United States is always the first flag raised and the last to be lowered.
When flown with the national banner of other countries, each flag must be displayed from a separate pole of the same height. Each flag should be the same size. They should be raised and lowered simultaneously. The flag of one nation may not be displayed above that of another nation .
THE PLEDGE OF ALLEGIANCE
AND NATIONAL ANTHEM
The pledge of allegiance should be rendered by standing at ttention, facing the flag, and saluting.
When the National Anthem is played or sung, citizens should stand at attention and salute at the first note and hold the salute through the last note . The salute is directed to the flag, if displayed, otherwise to the music.
"I pledge allegiance to the flag of the United States of America and to the Republic for which it stands; one nation under God, indivisible, with liberty and justice for all."
52 LESSONS IN PATRIOTISM
Patriotism is often called national pride. It is the sense of devotion to one's country and an alliance with other citizens who share the same sentiment. The Field of
Honor gives a timeless perspective to patriotism, uniting our commu nity members as we pay trib ute to the service men and women who have fought for our country.
Every year, students in Murrieta, and surrounding
communities, have received their lessons about
Veterans Day, the meaning of the American flag, and its heroes here. Fifth grade students from all 11 Murrieta
elementary schools have the unique opportunity to learn stories of courage, sacrifice and heroism from veterans who have served our country.
"The Field of Honor is a fantastic opportunity for 5th
grade students to learn more about and honor the brave
men and women who have served and continue to serve
our country ." Said Brent Coley, Murrieta Valley United School District's coord inator of elementary educat ion. "Fro m learning more about our flag to observing
patriotic chalk art to hearing veterans speak about their experiences in past wars, this is a can't-miss event.
"As a former 5th grade teacher and elementary school
principal who has visited this event with students, I highly com mend The Field of Honor."
Fifth grade visits started in the Fi eld's second year, after then -District Superintendent Stan Scheer , a
Murrieta Field of Honor -
Rotarian and volunteer, had experienced the
first field and decided students should be bused
to the Field to soak in th e glory of th e flags and
study the American history presented there .
And, they have each year since, excepting 2020
when the pandemic shut down field trips.
Frequently, the students return with their
families to show off what they have learned.
53 DANNIS WOL IVER
Attorneys at Law
~ Rotary ~
Club of Murrieta •
Happy to be a
strong supporter of
the
Field of Honor
KELLEY
Bob and Gretchen Bryant
Co-founder of the Field of Honor
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11th HOUR• 11th DAY • 11th MONTH
History of
Veterans
Day
Every November 11, the people of the United
States recognize a "celebration to honor America's
veterans for their patriotism, love of country, and
willingness to serve and sacrifice for the common
good ." (credit Department of Veterans Affairs)
June 4, 1926, the United States proclaimed
that the end of WWI officially occurred on the date
of 11/11/1918 (" ... the 11th hour of the 11th day of
the 11th month" per The History Channel). At that
time known as Armistice Day (in simple terms,
"armistice" is essentially a truce, and Armistice
Day was established to honor Veterans of World
War One).
President Eisenhower established a national
holiday known as Veterans Day in 1954, at the
urging of major Veterans groups. The change
of the name of the holiday, and legislation
to recognize Veterans Day always falling on
Murrieta Field of Honor -
November 11, morphed into a day to honor Veterans
of all wars. The primary reason for the change of name
was to ensure inclusion and recognition of the many
Veterans across our Country after the end of WWII .
Veterans Day today still recognizes all Veterans, both
living and passed. There is a wreath-laying ceremony
each year at Arlington National Cemetery near our
Nation's capital that takes place on Veterans Day, while parades and other celebrations are held widespread
across our great Nation . Here in Murrieta, we are
blessed to have the Field of Honor each year at this
time to remember, recognize and honor our Veterans .
This year, the City's Veterans Day Parade will take place on 11 /11 /23, beginning at 10am and ending at the
Field of Honor.
Veterans know better than anyone else the price
of freedom, for they've suffered the scars of war.
We can offer them no better tribute than to protect
what they have won for us.
Ronald Reagan
1()83
55 THE LINDEN
AT MURRIETA
A Whole Lotta Heart
Independent Living, Assisted Living, Memory Care
27100 Clint o n Keit h R oad I Murri et a, CA
(951) 263 -7140 I TheLindenAtMurrieta.com
~ A LEISURE CARE COMMUNITY
JONES
REALTY () GROUP
S o u t h e r n ~l~ C a I I f a r n I a
0 DR. TODD BRINGHURST
(951) 698-4448
Club~~~~;~~ *
Proud to Support
the Murrieta Field
of Honor.
***
TODAY, WE SALUTE YOU
FOR YOUR SERVICE.
****************
THANK YOU, VETERANS , FOR
YOUR UNWAVERING SERVICE.
YOUR BRAVERY HAS SECURED
'lif 951- 375- 1951
OUR FREEDOM , AND WE ARE
FOREVER GRATEFUL .
DIANNE HOFFMAN,
OWNER OF TRINITY CONNECTIONS
~ dlanne.trlnity connectlons@gmallcom
. 619-200-3387
CENTURY 21 [email protected]
Affiliated KirkEffinger.REALTOR
EMECULA VALLEY
LE><:1 1~
Temecula Valley Lexus and
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are pleased to support
Field of Honor.
Proud sponsor of the Field of Honor
Rotary ~
Club of Murrieta
25060 Hancock Ave.,# l 03-365
Murrieta , CA 92562
murrietarotaryclub .org
"Service Above Self '
MIKE SHIRLEY
Rotary Booster
mas2 l l [email protected]
951-970-5400
56 11
America the Beautiful
11 By Katharine Lee Bates
1 0 beautiful for spacious skies,
For amber waves of grain,
For puq?le mountain majesties
, Above the fruited plain( ,
America! America!
God shed His grace on thee
And crown thy good with brotherhood
From sea to shining sea!
2 0 beautiful for pilgrim feet
Whose stern impassioned stress
A thoroughfare of freedom beat
Across the wilderness!
America! America!
God mend thine every flaw,
Confirm thy soul in self-control,
Thy liberty in law!
3 O beautiful for heroes proved
In liberating strife.
Who more than self their country loved
And mercy more than life!
America! America!
May God thy gold refine
Till all success be nobleness
And every gain divine!
4 O beautiful for patriot dream
That sees beyond the years
Thine alabaster cities gleam
Undimmed by human tears!
America! America!
God shed His grace on thee
rown thy good with brotherhood
F_rom sea to shining sea!
57 Murrieta Field of Honor
11 My Country,
1 Tis of Thee
11 By Hindley Earnshaw
Samuel Francis Smith wrote the lyrics to "My Country
'Tis of Thee" in 1831, while he was a student at the Andover Theological Seminary in Andover, Massachusetts. His friend Lowell Mason had asked him to translate the lyrics in some German school songbooks or to write new lyrics. A melody in Muzio Clementi's Symphony No. 3 caught his attention .
Rather than translating the lyrics from German, Smith wrote his own American patriotic hymn to the melody, completing the lyrics in thirty minutes.
My country, 'tis of thee,
Sweet land of liberty,
Of thee I sing;
Land where my fathers died,
Land of the pilgrims' pride,
From eVry mountainside
Let freedom ring!
2 My native country, thee,
Land of the noble free,
Thy name I love;
I love thy rocks and rills,
Thy woods and templed hills;
My heart with rapture thrills,
Like that above.
3 Let music swell the breeze,
And ring from all the trees
Sweet freedom's song;
Let mortal tongues awake;
Let all that breathe partake;
Let rocks their silence break,
OUR NATIONAL
ANTHEM
Over 200 years ago, Washington, DC attorney, Francis
Scott Key saw a flag flying over embattled Fort McHenry which protected Baltimore's harbor. It was early in the morning, and the amateur poet began jotting down the
lines that became the National Anthem of the United
States. That was on September 14, 1814, and the War of
1812 had been underway for two years, with disastrous
battles for the young United States.
Key "could just make out the American flag waving
above Fort McHenry. British ships were withdrawing
from Baltimore, and Key realized that the United States had survived the battle and stopped the enemy advance.
Moved by the sight, he wrote a song celebrating that
star-spangled banner as a symbol of America's triumph
and endurance."
The lawyer and Washington "insider," had been sent
by President James Madison on a mission to Baltimore
to negotiate with the British for the release of Dr. William Beanes, a prominent surgeon who had been captured at
the Battle of Bladensburg. Key and a State Department
attorney had set sail on an American sloop in Baltimore Harbor and had boarded the British ship Tonnant, where
they dined and secured the prisoner's release under
one condition-they could not go ashore until after
the British attacked Baltimore. Accompanied by British
guards, Key returned to the American sloop from which
he witnessed the bombardment of Baltimore behind the
• SO-ship British fleet.
Initially, Key's lyrics were titled, "Defense of Fort
M'Henry'' by a Baltimore newspaper. Two months after
the battle, a Baltimore music store printed the patriotic song with sheet music under the lyrical title, ''The Star Spangled Banner." More than a century passed before
"The Star-Spangled Banner" became our country's
national anthem, although it increased in popularity
through the years, including dur ing the Civil War. In
1916, President Woodrow Wilson signed an executive
order designating it the national anthem for all military ceremonies. On March 3, 1931, after 40 previous
attempts failed, a measure passed Congress and was
signed into law that designated "The Star-Spangled
Banner" as the nationa l anthem of the United Sates.
Murrieta Field of Honor -
11 The Star-Spangled Banner
11 By Francis Scott Key
1 Oh, say can you see by the dawn's early light
What so proudly we hailed at the twilight's last gleaming? Whose broad stripes and bright stars thru the perilous fight, O'er the ramparts we watched were so gallantly streaming? And the rocket's red glare, the bombs bursting in air,
Gave proof through the night that our flag was still there.
Oh, say does that star-spangled banner yet wave
O'er the land of the free and the home of the brave?
2 On the shore, dimly seen through the mists of the deep, Where the foe's haughty host in dread silence reposes,
What is that which the breeze, o'er the towering steep, As it fitfully blows, half conceals, half discloses1
Now it catches the gleam of the morning's first beam,
In full glory reflected now shines in the stream:
'Tis the star-spangled banner! Oh long may it wave
O'er the land of the free and the home of the bravel
3 And where is that band who so vauntingly swore
That the havoc of war and the battle's confusion,
A home and a country should leave us no more!
Their blood has washed out their foul footsteps' pollution.
No refuge could save the hireling and slave
From the terror of flight, or the gloom of the grave:
And the star-spangled banner in triumph doth wave
O'er the land of the free and the home of the bravei
4 Oh! thus be it ever, when freemen shall stand
Between their loved home and the war's desolationI
Blest with victory and peace, may the heav'n rescued land Praise the Power that hath made and preserved us a nation.
Then conquer we must, when our cause it is just
And this be our motto: "In God is our trust."
And the star-spangled banner in triumph shall wave
O'er the land of the free and the home of the brave!
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Retrieve Your Field Flag from the Restore
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If you didn 1 get it from the Field
SL
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MURRIETA
Field of Honor
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THANK YOU
To All Active Service Members
And Veterans Who Have Dedicated Their
Lives To Our Country . We Are Honored
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Murrieta Field of Honor -
-
Coming Soon!
MURRIETA
THROUGH
TIME
A permanent contribution by The Rotary Club
of Murrieta to the City's Town Square Park will be
Murrieta Through Time monuments displaying
public art and information on significant eras
throughout Murrieta's history. The monuments
will be tied together with a paved walkway and
benches.
Murrieta Through Time will feature the
area's history from pre-ice age times, through
Native American and Spanish influences , the
development of agriculture, a railroad , the
Murrieta Hot Springs and onto Cityhood . It will
be a lasting memorial of how the area developed
and came to be the growing city that it is today.
Walkway pavers are still ava ilable for a
$100 tax-deductib le donation , which provides
an opportunity for community members to
celebrate family, memoriali ze a loved one, or
recognize your business.
WE THANK YOU!
CELEBRATING 15 YEARS
;;
MURRIETA
FI ELD OF HONOR'
TO PURCHASE A
PAVER DEDICATON
AND PARTICIPATE
IN MURRIETA
THROUGH TIME
SCAN QR CODE :
60 Integrity • Honor • Character
Wl½r
(i!/ujJ/MM
The Rotary Club of Murrieta
2023 FIELD OF HONOR
FOR HONORING, RESPECTING AND REMEMBERING
ALL WHO HAVE SERVED DEFENDING OUR FREEDOMS
In Memory of
JOHN EDWARD WARREN
Lieutenant US Navy
River Boat Commander - Div. 543
Vietnam
* ** * *
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43430 Business Park Dr.
Temecu la, CA 92590
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Received After Agenda Printed
6/18/2024 - Regular Meeting
PUBLIC COMMENTS (NON-AGENDA)
Handout
63 200·9
-2023
CELEBRATING
15 YEARS
----====*=----
*** *** **· MURRIETA
FIELD
OF
HONOR®
Pres~nf
~d~by
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Rotary
Cltibsc-o~f
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Temecula
iVaUeY~~w
o~neiations
alo·ng\witlti\T~e:Cifi
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Photo
Credit:
Doreen
Tate
64 Flag
Assembly
Day
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Thanks
to
our
friends
from
The
Colony
and
other
volunteers
for
helping
make
sure
all
the
flags
were
ready
to
post.
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66 67
Rotary
Veterans
Luncheon
President
Rob
Haskins
with
Lorilee
Bajema.
Temecula
Rotarian
and
Director
of
the
combined
Choirs.
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Our
annual
Veterans
--
Appreciation
Luncheon
started
with
presentation
of
colors
by
JROTC,
we
recognized
four
heros
and
enjoyed
patriotic
entertainment.
Hundreds
of
military
veterans,
their
friends
and
family
dined
among
the
2023
flags
.
In
additition
to
the
veterans,
Murrieta
City
officials
and
members
of
many
local
rotary
clubs
were
in
attendance.
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Combined
choirs
-Canyon
Lake
Caroleers,
the
Colony
\'I'
r
,
Chorus
and
the
Temecula
Valley
Master
Chorale
Honoring
Local
Heros
ting
Sp ican
Murrieta
Rotarian
Linda
Dozier
headed
the
nomination
committee
and
introduced
this
year's
hero's,
William
·am·
Becker
U.S.
Army
Air
Corps
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Dennine
Harrison.
U.S.
Air
Force
Vett!ran
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·~•_:1 Ryan
Price,
U.S.
Army
Vt,teran
Memorial
Honor
Dt!tall
at
Riverside
National
Cemetary,
Dan
Smith.
U.S.
Marines,
Chairman
~1 I 11 J I t1 ~-I , • •
68 Candlelight
Concert
Against an evening
backdrop of 2023 American
flags, Murrieta middle
school students sang
patriotic songs between
readings of letters from war
by the Wunderlich Family.
--
rcuowtD" LM CONCDT
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VIETNAM VETERANS MEMORIAL UNVEILING
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CEREMONY I UNVEILING I REF Rf SHMENTS
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TOWN IOUAA! PlAK
V!T!RlNS M!MOA1ll
ANSER'I aov,ao""
MM[DllTnY fOLLOWING
TII' VETEAANI DAY PlAlD!
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69 Our
AMAZING
Volunteers
l,11-.,,..,-t<"Nti,
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Rotary
District
Governor
Jamie
Zinn
and
Family
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President-Elect
-Jim
Yanoschik
Lea
Kolek
-
Murrieta
City
Staff
Liaison
Rotarian
Doreen
Tate
-
Photographer
on
the
Field
:] '1 ~, j, 51 I
70 71
Iii
The
Marine
Corps
248th
Birthday
Celebration
Every
November
10th,
U.S.
Marines
past
and
present
gather
to celebrate
the
birthday
of the
Corps
through
the
reading
of the
Commandant's
message
and
the
sharing
of a cake.
A sword
is
used
to cut
the
cake
as a reminder
that
they
are
a band
of warriors
committed
to carrying
the
sword,
so
that
our
nation
may
live
in
peace.
Their
custom
is to serve
the
first
piece
of cake
to the
guest
of
honor
-Colonel
Jerry
L. Durrant,
USMC
(Ret.)
this
year.
The
second
piece
is given
to the
Oldest
Marine
present
who
then
passes
it to
the
Youngest
Marine
present
to
signify
the
passing
of wisdom
and
experience
through
the
generations
of
Marines.
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The
United
States
Code
stipulates,
"When
a U.S.
flag
is in
such
a condition
that
it
is no
longer
a fitting
emblem
for
display,
it should
be
destroyed
in
a dignified
way,
preferably
by
burning."
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Thank
you
to
Scout
Troop
309
for
conducting
a Flag
Retirement
Ceremony,
where
old
and
worn-out
flags
were
properly
destroyed.
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The
Field
was
enjoyed
by
Sponsors,
Rotarians
and
the
entire
community
.
H~Nij\ \
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A
"-ld
of
1 onor
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74 75
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The
Rotary
Clubs
of
Murrieta
and
Temecula
Valley
New
Generations
Thank
Our
2023
Sponsors!
PRESENTING
SPONSOR
"'
American
Family
Administrators
I
~
TITLE
EVENT
SPONSORS
- '
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if
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·Pechanga,.Securitas,
Mike
Shirley,
rRivetside
Cq_µi;i,ty
3rd
Distr_ict
Supervisor
I
HONOR
LEVEL
,i
..
.~
-HP
Coinmunicafioris,
JAGS
Gives
Back,
~,,.,
Th~
Hartm~nn
Team
'c>t
American
Pacific
Mortgage,
Veterans
Advocacy
Associates
(V
AA)
I
-"".
l
PATRIOT
LEVEL
'
,
~
~
8 Bit
Brewing
Company,
Corporate
Events,
Craig
and
Anne
Young,
BAMM!
Promotional
Products,
Doreen
Tate,
Erickson
-Hall
Construction,
,
Excel
Landscape,
Gosch
Ford,
Kaiser
Permanente
Riverside
County,
r
La
Pointe
Wealth
Management,
Logan
Capital
Advisors,
Patsy
Orr,
Palomar
Health
Medical
Group,
Paradise
Chevrolet,
Sierra
West
Electric,
Southwest
Healthcare
System,
TTC4Success,
Westside
Enterprise
STAR
LEVEL
AALRR
Law
Office,
Accelerate
Leaming,
Inc.,
Constant
Companions,
DCH
Auto
Group,
Grace
Ontiveros,
RE/MAX,
Jeffrey
and
Khanitta
Klein,
Loma
Linda
University
Medical
Center,
Murrieta,
Madison
Square
Dentistry,
Mike
and
Cindy
Stromsoe,
Pacific
Premier
Bank,
Peter
A.
Sansom
Law,
PKC
Kuebler,
APC,
PRP
Seatt
Ready
2 Smile
Dental
Group,
Riptide
Systems,
Rob
Haskins,
RH
Benefits
Insurance,
Ruff
&
Ready
Moving,
Southern
California
Gas
Company,
SRCAR,
Temecula
Valley
Toyota/
Lexus,
The
Linden,
Trinity
Connections,
Wayne
Stockmyer
STRIPE
LEVEL
5 Star
Students,
Abbott,
Avatar
Website
Design,
Bob
and
Gretchen
Bryant,
Comprehensive
Autism,
Inc.,
Cornerstone
E&S
Insurance
Services,
Coworking
Connection,
Impact
Marketing,
Cynthia
Nordskog,
Dannis
Woliver
Kelley,
Davies
Financial
Advisors,
Davis
Family
Insurance,
Dr.
Todd
Bringhurst,
F3
Law
Fagen
Friedman
&
Fulfrost
LLP,
First
Community
Capital
Inc.,
George
and
Sue
Steele,
Imagine
Leaming,
Inland
Valley
Cardidvascular
Center,
Inland
Valley
Water
Works,
LLC,
Jan
Lunday,
Jesse
SlagiU
Agency,
Jones
Realty
Group,
Julie
Ngo-State
Farm,
K23
Systems,
Kirk
Effinger/Century
21 Affiliated,
KTM,
Linda
Dozier,
Marsha
Hall
Brown
In
Loving
Memory,
Micro
Grow,
Murrieta
Solar
Power,
NBS,
Platinum
Wealth
Management,
Reliant
Foodservice,
Richies
Real
American
Diner,
Shoup
Legal,
Stews
Barbershops,
The
Law
Offices
of
Stephen
A.
Lindsley,
The
Layton
Family,
West
Coast
Chiropractic
SPECIAL
THANKS
Bamm!
Promotional
Products,
Colonial
Flag,
Lake
Elsinore
Valley
Water
District,
Potamus
Press,
Sizzler,
Temecula
ReStore,
Titan
Tent
Rentals,
The
Colony
at
California
Oaks
Volunteers
76 -
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77 78
RECYCLED WATER AND WASTEWATER RATES
Recycled Water
The rates for recycled water are
comprised of three components: a
variable per acre-foot (AF) commodity
rate, a fixed service charge, and a variable
energy rate. Recycled water customers
are billed for the commodity rate based
on their monthly recycled water usage
in AF and for the energy rate based on
their monthly water usage in HCF. They
are billed for the service charge based on
the size of the recycled water meter (in
inches) serving their property .
MAXIMUM RECYCLED WATER COMMODITY RATES ($/AF)
Service
Recycled Water
-- --- -- ---
The proposed increase is due to the
rising costs to purchase recycled water
from outside sources, to cover the rate
increases for energy necessary to treat
and pump the recycled water as well
as other inflationary cost increases
for operations, and to repair aging
infrastructure. Please see the maximum
energy rates chart on page 10 of this
notice by customer pressure zone for the
applicable proposed rate changes.
Rancho Water structures monthly
wastewater service fees to recover the cost
to collect, treat , and dispose of wastewater.
This charge is determined on an equivalent
dwelling unit (EDU) basis. One EDU
equates to the quantity of wastewater an
average single-family residential customer
Current
Rates
$493.27
Current
Charges
$16.17
$17.33
$19.65
$21.96
$22.42
$26.58
$31.21
$40.45
$40.45
Current
Rates
$46.00
1 Proposed Rates
I Effective
July 1, 2024
$493.27
July 1, 2024
$14.21
$16.85
$22.95
$29.91
$41.98
---
$62.17
$107.75
$165.58
$198.97
July 1, 2024
$47.38
Proposed Rates
Effective
January 1, 2025
$493.27
Proposed Charges
Effective
January 1, 2025
$14.21
$16.85
$22.95
$29.91
$41.98
$62.17
$107.75
$165.58
$198.97
Proposed Rates
Effective
January 1, 2025
$47.38
Proposed Rates
Effective
January 1, 2026
$522.87
January 1, 2026 --- ---,
$17.84
$22.40
$33.25
$45.89
$71.03
$110.04
$202.38
$316.51
$387.17
January 1, 2026
$48.81
contributes to the wastewater system. The District assigns one EDU to each residential home. Commercial customer EDUs are based on their expected peak wastewater flows relative to an average single-family residential customer. If you have questions about your commercial business EDUs, please contact the Rancho Water Engineering Services Department at (951) 296-6900, ext. 4.
This rate change is for Rancho Water wastewater customers only and is due to inflationary cost increases. Your bill will indicate if you receive wastewater service from Eastern Municipal Water District (EMWD). EMWD establishes its wastewater service fees independent of Rancho Water, even though the EMWD wastewater service fees are collected on a customer 's Rancho Water bill.
Proposed Rates
Effective
January 1, 2027
$554.24
January P,io21
$2130
$2 .86
January 1, 2027
$50.27
- 0
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Received After Agenda Printed
6/18/2024 - Regular Meeting
PUBLIC COMMENTS (NON-AGENDA)
Handout
79 CITY OF MURRIETA
City Council Meeting Agenda
Report
7/2/2024
Agenda Item No. 1.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Cristal McDonald, City Clerk
PREPARED BY: Kimberly Ramirez, Deputy City Clerk
SUBJECT:
Waive Reading of All Ordinance Adoptions on the Agenda and Read by Title Only
RECOMMENDATION
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
CITY OF MURRIETA Printed on 6/27/2024Page 1 of 1
powered by Legistar™
80 CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No. 2.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Cristal McDonald, City Clerk
PREPARED BY: Kimberly Ramirez, Deputy City Clerk
SUBJECT:
Minutes
RECOMMENDATION
Approve the minutes of the June 4, 2024 City Council Regular Meeting.
ATTACHMENTS
1. June 4, 2024 Minutes
CITY OF MURRIETA Printed on 6/13/2024Page 1 of 1
powered by Legistar™
81 City Council June 4, 2024
CITY OF MURRIETA Tuesday, June 4, 2024
Council Chambers 3:45 PM CLOSED SESSION
1 Town Square 6:00 PM REGULAR MEETING
Murrieta 92562 MINUTES
The City of Murrieta intends to comply with the Americans with Disabilities Act (ADA). Persons with special needs should call the City Clerk Department at (951) 461-6031 or email at [email protected] at least 72 hours in advance. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at City Hall located at 1 Town Square, Murrieta, CA during normal business hours.
Any presentation requiring the use of the City of Murrieta’s equipment must be submitted to the City Clerk’s department 24 hours prior to the scheduled City Council meeting at City Hall located at 1 Town Square, Murrieta, CA; via email at [email protected] or call (951) 461-6031. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at City Hall located at 1 Town Square, Murrieta, CA during normal business hours.
Lori Stone
Mayor
Cindy Warren Lisa DeForest Mayor Pro Tem Council Member Jon Levell Ron Holliday Council Member Council Member Kim Summers, City Manager
Tiffany Israel, City Attorney
Cristal McDonald, City Clerk
MURRIETA CITY COUNCIL (CC)
MURRIETA COMMUNITY SERVICES DISTRICT (CSD)
MURRIETA FIRE DISTRICT (FD)
MURRIETA LIBRARY BOARD (LB)
MURRIETA REDEVELOPMENT SUCCESSOR AGENCY (RSA)
MURRIETA HOUSING AUTHORITY (HA)
MURRIETA FINANCING AUTHORITY (FA)
YOU MAY VIEW THE MEETING LIVESTREAMED VIA THE CITY’S WEBSITE AT https://murrieta.legistar.com/Calendar.aspx
4:15 PM CLOSED SESSION
CALL TO ORDER 4:16 p.m
ROLL CALL
Present: Council Member Lisa DeForest
Council Member Jon Levell
Council Member Ron Holliday
Mayor Pro Tem Cindy Warren
Mayor Lori Stone
82 City Council June 4, 2024
PUBLIC COMMENTS - CLOSED SESSION ITEMS ONLY None
ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Clerk Cristal McDonald announced the following Closed Session items:
CLOSED SESSION
CS1. Conference with Legal Counsel - Anticipated Litigation The City Council will conduct a closed session, pursuant to Government Code section 54956.9(d)(4), because the City is considering whether to initiate litigation in one case.
CS2. Conference with Labor Negotiators
The City Council will conduct a closed session, pursuant to Government Code Section 54957.6, with the City Manager, the City Attorney, and the City's negotiators, regarding labor negotiations with (1) the Murrieta General Employees’ Association; and (2) the Murrieta Supervisors’ Association.
CS3. Public Employee Performance Evaluation and Compensation The City Council will hold a closed session with the City's personnel officer, the city manager, pursuant to Government Code Sections 54957 and 54957.6(a), to conduct an employee performance evaluation of the City Manager and to discuss the salary, compensation and fringe benefits provided to the City Manager.
RECESS TO CLOSED SESSION 4:18 p.m.
6:00 PM REGULAR MEETING
CALL TO ORDER 6:05 p.m.
ANNOUNCEMENT OF CLOSED SESSION ACTION
City Attorney Tiffany Israel: City Council unanimously authorized the initiation of litigation against the property owner located at 39610 Medina Court. No reportable action on Closed Session Item Nos. CS2 and CS3.
ROLL CALL
Present: Council Member Lisa DeForest
Council Member Jon Levell
Council Member Ron Holliday
Mayor Pro Tem Cindy Warren
Mayor Lori Stone
PLEDGE OF ALLEGIANCE Deputy City Clerk Kimberly Ramirez INVOCATION Pastor Lyndon Parsons – Murrieta Springs Seventh Day Adventist Christian Church 83 City Council June 4, 2024
PRESENTATIONS
Proclamation - Retirement, Jennifer Metoyer - Police Officer Presentation - Care Solace
APPROVAL OF AGENDA
Action: It was moved by Council Member DeForest, seconded by Council Member Holliday to approve the Agenda for June 4, 2024 with the following change:
Council Member Holliday requested to take the agenda out of order to hear Item No. 17 before Item Nos. 15 and 16, due to public interest.
The motion carried by the following vote:
Ayes: DeForest, Levell, Holliday, Warren, Stone
Noes: None
CITY MANAGER - ADMINISTRATIVE UPDATE
Assistant City Manager Kristen Crane introduced the following department updates/announcements:
Fire Department: Water Watchers, Rachel Hollinger, Disaster Preparedness Coordinator Community Services: Pool Update, Brian Ambrose, Community Services Director Community Update: Cristina Davies, Public Information Officer
GOVERNING BODY COMMISSION/COMMITTEE/BOARD (CCB) REPORTS Council Member DeForest: Provided attendance/reported the following:
Western Regional Council of Governments
Council Member Holliday: Provided attendance/reported the following:
Code Enforcement Ad-Hoc Committee
Regional Conservation Authority
Western Regional Council of Governments
Mayor Pro Tem Warren: Provided attendance/reported the following:
Riverside County Transportation Commission
Southwest Riverside County Elected Leaders
Collaborative
Riverside Transit Agency
Mayor Stone: Provided attendance/reported the following:
Southern California Association of Governments
Southwest Riverside County Elected Leaders
Collaborative
Legislative Workgroup
84 City Council June 4, 2024
PUBLIC COMMENTS (NON-AGENDA)
Faye Wons: Spoke on concerns about the high level of development in the City and its effect on public services.
Laverne Davis: Spoke on public safety concerns and requested a reassessment of her previous application for a traffic signal and a traffic study.
Alexandra Peterson: Spoke on safety concerns at Valley Vista Park due to the increase in dogs without leashes and recent attacks.
Aimee Edgeworth:
(Elena Medo
donated time)
Provided handouts and spoke on how The Pearl Center for Creative Arts Train Project can benefit the city.
CONSENT CALENDAR - APPROVAL OF ITEMS 1 – 14
City Clerk Cristal McDonald noted for the record that Item No.12, after the agenda was finalized, the buyer requested minor changes to the purchase and sale agreement; staff requested City Council incorporate the authorization for the City Manager to sign amendments.
Action: It was moved by Council Member DeForest, seconded by Council Member Holliday to approve Consent Calendar Item Nos. 1-14 with the following change:
Item No. 12 – Approve as amended to incorporate the authorization for the City Manager to sign amendments and revisions to Resolution No. 24-4743.
The motion carried by the following vote:
Ayes: DeForest, Levell, Holliday, Warren, Stone
Noes: None
1. Waive Reading of All Ordinance Adoptions on the Agenda and Read by Title Only Recommended Action:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
2. Minutes
Recommended Action:
Approve the minutes of the May 7, 2024 City Council Regular Meeting.
3. Check Register April 2024
Recommended Action:
Adopt Resolution No. 24-4741 entitled: A Resolution of the City Council of the City of Murrieta, California, Ratifying the Check Register for the Month of April 2024 in the amount of $4,089,700.66 (Check Numbers 159154-159598).
85 City Council June 4, 2024
4. Monthly Investment Transaction Report for April 2024 Recommended Action:
Receive and file the Monthly Investment Transaction Report for April 2024.
5. Agreement with DeepSeas LLC for Managed Detection and Response Services Recommended Action:
Approve a one-year agreement with DeepSeas, LLC for Cyber Security Managed Detection and Response Services in the amount of $57,600; and
Authorize the City Manager to execute the agreement and all other future documents and amendments related to this agreement, not to exceed the City Manager’s signing authority.
6. First Amendment to the Agreement Western Audio Visual Recommended Action:
Amend the current agreement with Western Audio Visual for audio-visual support services for $42,645 for an additional three years with a total contract amount not to exceed $56,860.86.
Ratify the payment approval in the amount of $14,215.86 for year one of service from June 1, 2024, to May 31, 2025; and
Authorize the City Manager to execute the amendment and all related documents.
7. Agreement with Ingram Library Services, LLC for Collection Development Support Services
Recommended Action:
Approve a revised two-year Agreement with Ingram Library Services LLC, for Collection Development Services, in the amount not to exceed $40,000 per fiscal year; and Authorize the City Manager to execute the Agreement with one optional two-year extension.
8. California State Library EmPOWERing Access Project
Recommended Action:
Accept an award from the California State Library EmPOWERing Access Project for one ADA-accessible privacy booth and ten solar charging devices; and Authorize the City Manager to execute any grant award documents from the California State Library for the privacy booth and solar charging devices.
9. Acceptance of U.S. Dept of Energy EECBG Program Voucher Recommended Action:
Authorize the City Manager to accept a program voucher from the U.S. Department of Energy for the Energy Efficiency and Conservation Block Grant Program Equipment Rebate Voucher in the amount of $157,040 for EV charging stations at various city locations; and Amend the Fiscal Year 2024/25 Operating and Capital Improvement Budgets associated with this grant award.
86 City Council June 4, 2024
10. Approval of the Gann Appropriations Limit for Fiscal Year 2024/25 Recommended Action:
Adopt Resolution No. 24-4742, entitled: A Resolution of the City Council of the City of Murrieta, California, Approving the Gann Appropriations Limit for Fiscal Year 2024/25.
11. Second Reading of Ordinance No. 603-24 Adopting the Fiscal Year 2024/2025 Fee Schedule
Recommended Action:
Conduct the second reading and adopt Ordinance No. 603-24 entitled: An Ordinance of the City Council of the City of Murrieta, California, Adopting the Fiscal Year 2024/2025 Fee Schedule; and
Find that said actions are exempt from the California Environmental Quality Act (CEQA), as this Ordinance is exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment whereas here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.
12. Sale of City-Owned Real Property Located at the Corner of Walsh Center Drive and Sparkman Drive to GS Parks at Murrieta, LLC for $30,100 Amended to incorporate the authorization for the City Manager to sign amendments and revisions to Resolution No. 24-4743.
Recommended Action:
Adopt Resolution No. 24-4743 entitled: Resolution of the City Council of the City of Murrieta, California, Approving the Sale of A Portion of City-Owned Real Property Located at the Intersection of Walsh Center Drive and Sparkman Drive, Murrieta, CA (APN: 910-031-006) to GS Parks at Murrieta, LLC, For $30,100;
Authorize the City Manager to direct and execute all related escrow, closing, grant deed, and similar documents necessary to finalize the sale of the Property; and Amend the Fiscal Year 2023/24 Operating Budget to appropriate budget for the sale of land and escrow expenses, unless escrow closes after June 30, 2024, then amend the Fiscal Year 2024/25 Operating Budget.
13. Notice of Completion for the City of Murrieta Police Department Administrative Office Improvements Project, CIP 21035
Recommended Action:
Accept the Improvements for the City of Murrieta Police Department Administrative Office Improvements Project, CIP No. 21035, as complete; and
Direct the City Clerk to record a Notice of Completion and release bonds in accordance with State law and city ordinances.
87 City Council June 4, 2024
14. Local Street Projects for the Road Repair and Accountability Act of 2017 Recommended Action:
Adopt Resolution No. 24-4744, entitled: A Resolution of the City Council of the City of Murrieta, California, Approving the Fiscal Year 2024/25 Project List for the Road Repair and Accountability Act of 2017 to the California Transportation Commission.
PULLED CONSENT CALENDAR ITEMS None
DISCUSSION
17. Accept Donations for and Review the 2023 Santa Stops Program and Discuss Plans for 2024
Staff report and PowerPoint presentation provided by Community Services Director Brian Ambrose and Parks Recreation Manager Lea Kolek. Assistant City Manager Kristen Crane was available to answer questions from the City Council.
Public Comments:
Joanie Wdowiak: Spoke in support of the Santa Stops program and shared a video of the 2023 Santa Stops event.
Patty Macias: Spoke in support of the Santa Stops event and on volunteer opportunities.
Kaley Johnson: Spoke in support of the Santa Stops program.
Cathy Bearse: Spoke in support of the Santa Stops program.
Chris Wdowiak: Spoke in support of the Santa Stops program.
Linda Spahr: Spoke in support of the Santa Stops program.
Tera Reyst: Spoke in support of the Santa Stops program.
Kathryn Elliott: Spoke in support of the Santa Stops program.
Kassen Klein: Spoke in support of the Santa Stops program, and inquired of Christmas events comparison costs.
88 City Council June 4, 2024
Action: After discussion it was moved by Council Member Holliday, seconded by Mayor Pro Tem Warren to:
Accept donations from three entities, totaling $13,500, for the 2023 Santa Stops Program;
Review the activities of the 2023 Santa Stops Program; and City Council provided staff with the following direction:
Make Santa Stops an annual ongoing event
Initial budget of $70,000
Select Council Member Holliday as the representative to work with the Santa Stops Volunteer Group Committee.
The motion carried by the following vote:
Ayes: DeForest, Levell, Holliday, Warren, Stone
Noes: None
Mayor Stone called for a recess at 8:09 p.m. and reconvened at 8:16 p.m.
PUBLIC HEARINGS
15. Consideration of the Fiscal Year 2024/25 Capital Improvement Plan Budget and Approve the Capital Improvement Plan for Fiscal Years 2024/25 to 2028/29 Staff report and PowerPoint presentation provided by Financial Analyst R.N. Mendoza, and Finance Manager Jennifer Terry. City Engineer Jeff Hitch, and Senior Program Manager Brian Crawford were available to answer questions from the City Council pertaining to their specific department’s projects.
The public hearing was opened at 8:46 p.m.
Public Testimony:
None
The public hearing was closed at 8:46 p.m.
Action: It was moved by Council Member Holliday, seconded by Council Member DeForest to:
Adopt Joint Resolution No. 24-4745 et al. entitled: A Joint Resolution of the City Council of the City of Murrieta and the Boards of Directors of the Murrieta Library District, Murrieta Community Services District, Murrieta Fire District, and the Successor Agency for the Murrieta Redevelopment Agency, Approving the Capital Improvement Plan Budget for Fiscal Years 2024/25, Approving the Fiscal Years 2024/25 to 2028/29 Capital Improvement Plan, Authorizing the Operating Transfers for Various Funds; Authorizing the Use of Unassigned Fund Balances and Committed Fund Balances.
89 City Council June 4, 2024
The motion carried by the following vote:
Ayes: DeForest, Levell, Holliday, Warren, Stone
Noes: None
16. Proposed User Fees for Town Square Park and Amphitheater Staff report and PowerPoint presentation provided by Management Analyst Crystal Aurora.
Community Services Director Brian Ambrose was available to answer questions from the City Council.
The public hearing was opened at 9:02 p.m.
Public Testimony:
None
The public hearing was closed at 9:02 p.m.
Action: It was moved by Council Member DeForest, seconded by Council Member Holliday to:
Conduct a Public Hearing, waive full reading, and introduce Ordinance No. 604-24 entitled: An Ordinance of the City Council of the City of Murrieta, California, Adopting the Town Square Park, and Amphitheater User Fees; and
Find that said actions are exempt from the California Environmental Quality Act (CEQA), as this Ordinance is exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment whereas here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.
The motion carried by the following vote:
Ayes: DeForest, Levell, Holliday, Warren, Stone
Noes: None
DISCUSSION
18. Conduct a First Reading of an Ordinance to Amend the Murrieta Municipal Code regarding Electronic Bikes, Scooters, and Skateboards (E-Conveyances) Police Chief Anthony Conrad and Police Traffic Sergeant Steve Whiddon were available to answer questions from the City Council.
90 City Council June 4, 2024
Action: It was moved by Mayor Pro Tem Warren, seconded by Council Member DeForest to:
Introduce for a first reading Ordinance No. 605-24 entitled: An Ordinance of the City Council of the City of Murrieta, California, amending Title 10 of the Murrieta Municipal Code relating to bicycles, electric bicycles, scooters and skateboards, and passenger loading and unloading of vehicles and adoption of exemption from the California Environmental Quality Act (CEQA).
The motion carried by the following vote:
Ayes: DeForest, Levell, Holliday, Warren, Stone
Noes: None
19. Approve the Fiscal Year 2024/25 Preliminary Operating Budget for the Murrieta Fire District
Staff report and PowerPoint presentation provided by Finance Manager Jennifer Terry.
Action: After discussion it was moved by Council Member DeForest, seconded by Mayor Pro Tem Warren to:
Approve the Fiscal Year 2024/25 Preliminary Operating Budget for the Murrieta Fire District; and
Set June 18, 2024, as the date of the Public Hearing for final budget adoption.
The motion carried by the following vote:
Ayes: DeForest, Levell, Holliday, Warren, Stone
Noes: None
GOVERNING BODY ANNOUNCEMENTS
Council Member DeForest, Council Member Levell, Council Member Holliday and Mayor Pro Tem Warren, provided their Governing Body Announcements to be made part of the City’s record.
COUNCIL MEMBER REQUESTS TO ADD OR WITHDRAW ITEMS TO FUTURE AGENDAS Council Member DeForest: None
Council Member Levell: Requested a discussion on the purpose and benefits of CalCities, on or after July 2, 2024.
Consensus received.
Council Member Holliday: None
Mayor Pro Tem Warren: None
Mayor Stone: None
91 City Council June 4, 2024
ADJOURNMENT 9:23 p.m.
Mayor Stone adjourned the meeting in memoriam of Joan Padberg.
Cristal McDonald, City Clerk
92 CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No. 3.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Cristal McDonald, City Clerk
PREPARED BY: Angela Martin Van der Baan, Records Manager SUBJECT:
Renewal Approval with Granicus (GovQA) - Public Record Request Software
RECOMMENDATION
Ratify prior renewals with GovQA that exceeded the City Manager's contract authority; Authorize the exemption from bidding requirements;
Authorize the City Manager or her designee to approve renewals in a form acceptable to the City Attorney, with GovQA for public records request software for a total not to exceed $76,240.08 plus a 5% contingency; Amend the Fiscal Year 2024/25 Operating Budget in the General Ledger Account by $13,800.
PRIOR ACTION/VOTE
None.
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
The City Clerk acts as a compliance officer for federal, state, and local statutes, including the California Public Records Act. The California Public Records Act was enacted in 1968, requiring inspection or disclosure of governmental records to the public upon request, unless exempt by law. As a result, the City Clerk is tasked with implementing systems and procedures to efficiently and effectively respond to the public's requests for records.
GovQA is a Public Records Act Request (PRAR) exchange platform, a centralized, secure enterprise workflow software to help governments manage, process, and fulfill PRARs. GovQA allows all members of the public to submit a records request and enables City staff to assign, track, and produce records while keeping a central, secure database of requests.
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Agenda Item No. 3.
Before the current City Clerk's tenure in 2021, the City of Murrieta (City) entered into an agreement with GovQA to assist with PRARs. From late 2021 into 2022, the City Clerk conducted an internal assessment of the GovQA program. The GovQA system has been used since 2015; however, the assessment covered 2018 to 2021. The findings identified some deficiencies, but not with the program itself. The challenges were process-related, including minimal use of the GovQA system.
As one of the current City Clerk's top priorities and based on the assessment, vast improvements have been made to Public Records management, such as PRAR processing, which includes using the GovQA system.
The use of the GovQA system is critical to efficiency and compliance. Like other local agencies, PRARs have increased substantially for the City, averaging 750 annually. GovQA has alleviated the need to track requests manually.
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Agenda Item No. 3.
In addition to the increase in the number of PRARs, the complexity of requests has also increased due to public demand and more extensive and detailed requests, often requiring extensive searches across multiple databases and departments. These factors combined have created an intricate and resource-intensive environment for managing PRARs at the local government level. To better assist, last year, City Clerk staff attended GovQA training. Staff began using the system as intended, which included updating the request form to allow public ease, enabling the Personal Storage Table (PST) files functionality, providing all departments accessibility to collaborate directly in the GovQA system versus Microsoft Outlook, use of the reporting function, and uploading and retaining responsive records in the system. Although there are still several options and areas to improve, the City is moving in the right direction.
GovQA Agreement History
On October 15, 2015, the City signed a three-year Master Services Agreement with GovQA, including a not-to- exceed 3% annual increase within the original billable term. Renewal terms are not to increase by more than 8%.
On June 27, 2019, the City approved the relocation of the GovQA portal to another server. The update met compliance with the Criminal Justice Information Services (CJIS) and the Health Insurance Portability and Accountability Act (HIPPA) and increased the annual cost.
In 2022, with an annual renewal, the City Manager's signing authority was exceeded.
On June 12, 2023, the City Clerk purchased two (2) additional subscriptions from GovQA; one-time fees for setup and configuration were waived. The new subscriptions were for four (4) redaction licenses and an additional module for the Police Department to process Police PRARs.2 Additionally, on August 9, 2023, the City Clerk renewed the Agreement for another year. 3
Year Cost Additional Notes
2015 $11,140 Original billing term
2016 $7,320 Original billing term
2017 $7,500 Original billing term
2018 $7,920 End of the original billing term
2019 $13,355 Standard annual renewal +
CJIS and HIPAA compliance
module
2020 $14,090 Standard annual renewal
2021 $12,005 Standard annual renewal (8-
month pro rata due to the
absorption of GovQA by
Granicus)
2022 $15,935.83 Standard annual renewal4
2023 $22,208.41 Standard annual renewal + PD
module & Redaction Licenses
2015-2023 $111,474.24 The total agreement amount to
date has exceeded the City
Manager's signing authority by
approximately $36,500.
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Agenda Item No. 3.
Year Cost Additional Notes
2015 $11,140 Original billing term
2016 $7,320 Original billing term
2017 $7,500 Original billing term
2018 $7,920 End of the original billing term
2019 $13,355 Standard annual renewal +
CJIS and HIPAA compliance
module
2020 $14,090 Standard annual renewal
2021 $12,005 Standard annual renewal (8-
month pro rata due to the
absorption of GovQA by
Granicus)
2022 $15,935.83 Standard annual renewal4
2023 $22,208.41 Standard annual renewal + PD
module & Redaction Licenses
2015-2023 $111,474.24 The total agreement amount to
date has exceeded the City
Manager's signing authority by
approximately $36,500.
*Funding has been budgeted for each year.
In addition to the excess in purchasing authority, with the current agreement expiring on June 30, 2024, the City Clerk is seeking approval to renew the agreement with GovQA for 2025 and 2026 for an amount not to exceed $76,240.08 which includes the cost for 2024.
Additionally, the City Clerk is requesting an exemption from bidding requirements due to 1) GovQA being our current service provider, which has proven to be an efficient and effective system for PRAR processing; 2) the Police Department recently received training and currently maintains a module specific to the Police Department; and 3) GovQA serves as the depository for PRARs, which the City actively accesses to process current public record requests. Transitioning to a new system would entail additional costs, time, and training for a system with similar components.
Section 3.08.280 of the Municipal Code outlines 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.
Next Steps
Approving staff's recommendations will allow the City Clerk to continue efforts on records management, such as publishing all PRARs with the City's responses and making standard requests searchable via a prompt- based inquiry.
FISCAL IMPACT
The cost for this service is not to exceed $76,240.08 over a three (3) year period. This item is partially funded from General Ledger Account 7268340-62160 within the Information Technology Division's Operating Budget.
A budget appropriation is needed for the balance of the Fiscal Year 2024/25 costs. Staff requests amending the Fiscal Year 20024/25 Operating Budget in General Ledger Account 1102400-60920 by $13,800. The budget for the remaining years of the agreement will be included in the normal biennial budget process.
ATTACHMENTS
1. Proposed Budgetary Renewal
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96 THIS IS NOT AN INVOICE Order Form
Prepared for
Murrieta, CA
Order #: Q-339305
Prepared: 30 May 2024
Granicus Budgetary Proposal for Murrieta, CA
ORDER DETAILS
Prepared By: Korgbae Freeman
Phone:
Email: [email protected]
Order #: Q-339305
Prepared On: 30 May 2024
Expires On: 30 Jun 2024
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)
Period of Performance: 01 Jul 2024 - 30 Jun 2025
ORDER TERMS
Current Subscription
End Date: 30 Jun 2024
97 Order Form
Murrieta, CA
Order #: Q-339305
Prepared: 30 May 2024
PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.
• Once purchased data storage has been exceeded, data storage is billed in increments of 1TB over the purchased data storage amounts herein and will be assessed an additional annual fee of $1,200.00 and billed in arrears. Storage is reviewed annually and is adjusted at the next annual renewal. Throughout the term of the contract Murrieta, CA is able to contact Granicus for a report on how much storage has been used.
Renewing Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
FOIA Module Non Enterprise Annual 1 Each $11,338.17
Additional FOIA Request Type Annual 1 Each $3,210.00
Fortress Hosting Annual 1 Each $6,784.62
Hosted Data Storage (500 GB) Annual 1 Each $11.71
Redaction License (per named user) Annual 4 Each $2,140.00 Hosted Data Storage (500 GB) Annual 1 Each $0.00
SUBTOTAL: $23,484.50
98 Order Form
Murrieta, CA
Order #: Q-339305
Prepared: 30 May 2024
TERMS & CONDITIONS
• This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. • If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-339305 dated 30 May 2024 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Murrieta, CA to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.
• The terms and conditions set forth in the Agreement effective 01 Nov 2015 are incorporated herein by reference. 99 CITY OF MURRIETA
City Council Meeting Agenda
Report
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Agenda Item No. 4.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Cristal McDonald, City Clerk
PREPARED BY: Kimberly Ramirez, Deputy City Clerk
SUBJECT:
Ordinance Publication Requirements and Designating Posting Locations for City Public Notices
RECOMMENDATION
Adopt Resolution No. 24-4746 entitled: A Resolution of the City Council of the City of Murrieta Repealing Resolution No. 08-1992 and Providing Publication Requirements for Ordinances by Authorizing Ordinance Summaries and Designating an Ordinance Summary Official Pursuant to California Government Code §36933 ; and
Adopt Resolution No. 24-4747 entitled: A Resolution of the City Council of the City of Murrieta Designating Posting Locations in the City.
PRIOR ACTION/VOTE
On June 23, 1992, the City Council adopted Resolution No. 92-129, determining ordinances and certain resolutions to be posted and designating posting locations (Vote: 5-0).
On September 20, 1994, the City Council adopted Resolution No. 94-326, repealing Resolution No. 92-129 and designating posting locations and the City Clerk to prepare ordinance summaries (Vote: 5-0).
On May 6, 2008, the City Council adopted Resolution No. 08-1992, repealing Resolution No. 94-326 and designated posting locations (Vote: 5-0).
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
City Ordinances: Resolution No. 24-4746 (Attachment No. 1) Legal Requirements
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Agenda Item No. 4.
Murrieta's (City) operations and duties. An ordinance is considered the most authoritative form of action taken by the City Council and, as such, requires legal notice. It becomes part of the City's Municipal Code; the law in the City of Murrieta. According to California Government Code §41802, the City Attorney shall draft an ordinance required by the legislative body.
When an ordinance is adopted, the City Clerk is obligated to publish it per California Government Code §36933, which states [in part]:
Within 15 days after its passage, the city clerk shall cause each ordinance to be published at least once, with the names of those city council members voting for and against the ordinance, in a newspaper of general circulation published and circulated in the city…
However, California Government Code §36933 provides the publication requirement of ordinances can be met by one of the two below actions:
(1) Publishing a summary of the proposed ordinance (with a certified copy of the entire ordinance posted at the city clerk's office) five days before the City Council's proposed date of adoption, followed by a second publication of the summary to include the certified votes within 15 days of adoption.
Ordinance summaries shall be prepared by an official designated by the City Council. Furthermore, the ordinance summary must be deemed a "fair and adequate" summary.
If the designated official cannot prepare a "fair and adequate" summary, in the alternate, (2) The City Council can order the publication of a one-quarter-page display indicating the general nature of the ordinance at least five days before the City Council meeting the proposed ordinance is to be adopted. Within 15 days, a second publication of the one-quarter-page display must include sufficient information to enable the public to obtain copies of the complete text and the certified votes.
Publication Process
In September 1994, the adoption of Resolution No. 94-326 repealed the existing ordinance procedure (Attachment No. 2). Resolution No. 94-326 affirmed that ordinances will be published according to the law. In addition to identifying posting locations, the City Clerk was designated as the official to prepare summaries of ordinances.
However, in May of 2008, the adoption of Resolution No. 08-1992 repealed Resolution No. 94-326 in its entirety (Attachment No. 2). Resolution No. 08-1992 updated posting locations but failed to designate the official who will prepare ordinance summaries. Government Code §36933 requires the legislative body to designate an official before a city summarizes ordinances.
Currently, the City Clerk publishes all ordinances in their entirety, with the certification of votes, in the City's adjudicated newspaper, The Press-Enterprise. The length of ordinances depends on the content. The cost of publishing in The Press-Enterprise substantially varies, and is not cost-effective. Over the previous three (3) fiscal years, the publication expenditures have increased by 168%. The length of the notices will decrease by transitioning ordinance publications to summaries. As such, the total price per notice will significantly alleviate a fiscal burden on the City Clerk's departmental budget.
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Agenda Item No. 4.
Official Designation by City Council
Before 2008, the City Clerk was designated to summarize City ordinances. With the requirement that ordinance summaries must be fair and adequate, the City Clerk is not the subject matter expert on the substance of every ordinance. Therefore, the City Council should designate staff with the proper knowledge, such as the City Manager's designees, based on content or the City Attorney.
City's Posting Locations: Resolution No. 24-4747 (Attachment No. 3) Adopting Resolution No. 24-4746, as recommended, eliminates the need to post ordinances in three (3) locations since the publication requirement for summaries includes posting the ordinance in its entirety in the Office of the City Clerk only.
However, various laws, including our Municipal Code, require agencies to post at three public places within the local agency's jurisdiction depending on the document type or if specific publication requirements cannot be met. Adopting Resolution No. 24-4747 provides the three (3) Murrieta posting locations as follows:
1. City Hall; 1 Town Square
2. Fire Station No. 2; 40060 California Oaks Road
3. Library; 8 Town Square
Generally, City postings are available on the City's website. However, the effort to provide public access to such postings is not only a legal requirement but remains a need. After a review of City properties and availability for postings, the above locations meet City obligations but are not ideal. The City Clerk's current budget had funding for digital boards which will provide public noticing exposure to each district. With current budgetary constraints, partial funding was instead used for e-discovery public records software, with the cost savings applied back to the general fund. The City Clerk will return to the City Council for digital board funding in the future.
FISCAL IMPACT
Legal advertising costs are part of the City Clerk's annual budget. The current Fiscal Year is budgeted at $17,000. If approved, budgetary savings are expected in the Advertising-Legal Account 1102400-60040.
ATTACHMENTS
1. Resolution No. 24-4746
2. Prior Resolution Nos. 92-129, 94-326, 08-1992
3. Resolution No. 24-4747
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RESOLUTION NO. 24-4746
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA REPEALING RESOLUTION NO. 08 -1992 AND PROVIDING
PUBLICATION REQUIREMENTS FOR ORDINANCES BY
AUTHORIZING ORDINANCE SUMMARIES AND DESIGNATING AN
ORDINANCE SUMMARY OFFICIAL PURSUANT TO CALIFORNIA
GOVERNMENT CODE §36933
WHEREAS, as the legislative body takes action via minute orders, resolutions, and ordinances as part of the City of Murrieta's (City) operations and duties; and
WHEREAS, an ordinance is considered the most authoritative form of action taken by the City Council and, as such, requires legal notice; and
WHEREAS, on June 23, 1992, the City Council adopted Resolution No. 92-129, determining ordinances and certain resolutions to be posted and designating posting locations; and
WHEREAS, on September 20, 1994, the City Council adopted Resolution No. 94-326, repealing Resolution No. 92-129 and designating posting locations and the City Clerk to prepare ordinance summaries; and
WHEREAS, on May 6, 2008, the City Council adopted Resolution No. 08-1992, repealing Resolution No. 94-326 and designated posting locations; and
WHEREAS, the City currently publishes ordinance adoptions in their entirety in accordance to legal requirements; and
WHEREAS, ordinance summaries will significantly alleviate a fiscal burden on the City Clerk department budget; and
WHEREAS, California Government Code §41802, the City Attorney shall draft an ordinance required by the legislative body; and
WHEREAS, California Government Code §36933, provides the publication requirement of ordinances, allowing for a designated official appointed by the City Council to prepare a fair and adequate ordinance summary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS
Section 1. The recitals above are true and correct and incorporated herein by this reference.
Section 2. Resolution No. 08-1992 is hereby rescinded and of no further effect. 103
Section 3. In accordance with California Government Code §36933, the City Manager’s designee will prepare fair and adequate ordinance summaries.
Section 4. The City Clerk will publish the ordinance summaries in accordance with California Government Code §36933, and all applicable laws.
Section 5. The City Clerk shall certify th e passage and adoption of this resolution and enter it into the book of original resolutions.
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
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 24-4746 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 18th day of June, 2024, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Cristal McDonald, City Clerk
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106
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108
109
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RESOLUTION NO. 24-4747
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA DESIGNATING POSTING LOCATIONS IN THE CITY
WHEREAS, on June 23, 1992, the City Council adopted Resolution No. 92-129, determining ordinances and certain resolutions to be posted and designating posting locations; and
WHEREAS, on September 20, 1994, the City Council adopted Resolution No. 94-326, repealing Resolution No. 92-129 and designating posting locations and the City Clerk to prepare ordinance summaries; and
WHEREAS, on May 6, 2008, the City Council adopted Resolution No. 08-1992, repealing Resolution No. 94-326 and designated posting locations; and
WHEREAS, the City currently posts various notices, agendas, and documents in accordance with legal requirements in three locations in the City: City Hall, Fire Station No. 2, and the Murrieta Public Library; and
WHEREAS, on June 18, 2024, the City Council adopted Resolution No. 24-4746, repealing Resolution No. 08-1992, and updated the publication and posting requirements for Ordinances; and
WHEREAS, after review of proposed City properties and availability for postings, the above locations meet City obligations; and
WHEREAS, in the future, the City Clerk will request funding for digital boards which will provide public noticing exposure to each district.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS
Section 1. The recitals above are true and correct and incorporated herein by this reference.
Section 2. The City Council designates the three (3) locations as official post locations:
1. City Hall
1 Town Square
Murrieta CA 92562
2. Fire Station No. 2
40060 California Oaks Road
Murrieta CA 92562
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3. Murrieta Public Library
8 Town Square
Murrieta CA 92562
Section 3. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
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
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 24-4747 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 18th day of June, 2024, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Cristal McDonald, City Clerk
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CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No. 5.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kim Summers, City Manager
PREPARED BY: Isaac Bravo, Management Analyst
SUBJECT:
Animal Control Agreement for Fiscal Year 2024/25 through Fiscal Year 2026/27
RECOMMENDATION
Approve a three-year agreement with Animal Friends of the Valleys, Inc. for city-wide animal control services; and Authorize the City Manager or designee to execute the agreement and related documents.
PRIOR ACTION/VOTE
On September 18, 2007, the City Council adopted Resolution No. 07-1815, approving an agreement with Animal Friends of the Valleys for animal control services (Vote: 5-0).
On June 16, 2009, the City Council adopted Resolution No. 09-2300, approving a one-year extension to the agreement with Animal Friends of the Valleys for animal control services (Vote: 5-0).
On June 15, 2010, the City Council adopted Resolution No. 10-2528, approving an extension to the agreement with Animal Friends of the Valleys for animal control services (Vote: 5-0).
On December 15, 2015, the City Council adopted Resolution No. 15-3481, approving an amendment to the agreement with Animal Friends of the Valleys for animal control services (Vote: 4-0-1).
On December 15, 2020, the City Council adopted Resolution No. 20-4344, approving an amendment to the agreement with Animal Friends of the Valleys for animal control services (Vote: 4-0).
CITY COUNCIL GOAL
Coordinate and deliver responsive, effective community services.
BACKGROUND
Since incorporation, the City of Murrieta (City) has contracted with Animal Friends of the Valleys, Inc. (AFV) for CITY OF MURRIETA Printed on 6/13/2024Page 1 of 3
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Agenda Item No. 5.
Since incorporation, the City of Murrieta (City) has contracted with Animal Friends of the Valleys, Inc. (AFV) for animal control services. AFV's services include animal control field services, after-hours emergency response, and enforcement of animal-related ordinances. The current agreement with AFV was entered into on December 21, 2010. The agreement has been amended twice and has been extended on an annual basis since 2020, when it was amended to allow for ongoing annual extensions.
The City has two agreements with AFV. The proposed restated agreement (Attachment 1) is for animal control services within the City limits. The other agreement is between the City and the Southwest Communities Finance Authority (SCFA), a Joint Power Authority (JPA), for animal sheltering services.
The services included in the proposed agreement are for enforcement of State laws and local ordinances, impound and removal of animals, complaint investigation and resolution of animal-related issues, regular field services, and emergency and after-hour field services response within the City. The cost schedule submitted by AFV is based on the number of animal control officers committed to Murrieta (plus backup when necessary), vehicle mileage, and other administrative costs. The City is not fully burdened for the cost of AFV operations, which is offset by estimated revenues from collections of licenses, citations, and AFV collections.
The total cost for Fiscal Year (FY) 2024/25 is $120,000 annually, for a monthly rate of $10,000.
Description of Services Units per Year Rate Total
Regular Animal Control Services 3,120 hours $70 per hour $218,400 Additional Services (Additional Officers, Court
Appearances, etc.)
500 hours $70 per hour $ 35,000
Animal Control Vehicles (Mileage) 45,000 miles $1.05 per mile $ 47,250 After Hour/Weekend Calls 780 hours $105 per hour $ 81,900 Veterinarian Costs Lump Sum $ 10,000
$392,550
License/Citation Revenue &
Estimated AFV Collections $272,550
Difference in Cost vs. Revenue $120,000
A restated agreement is necessary, as AFV has requested modifications to the agreement beyond what is allowed in the amendment, specifically, the addition of a cost-of-living adjustment (COLA) to the agreement.
The COLA adjustment is included in Attachment 1 and is capped at a maximum of 2.5% annually over the next three fiscal years. Additionally, the City requested an increase to the General Liability Insurance covering AFV and the City from $1 million to $2 million, which is the current standard limit for services within the City. No changes to the scope of work or services provided by AFV are included in the proposed agreement.
An RFQ/RFP process was not considered for the following reasons:
· Minimal cost increase requested by AFV for the currently contracted services; · All SCFA jurisdictions currently contracting with AFV for animal control services; · AFV's current agreement with SCFA for animal sheltering services; and · AFV's operation service with minimal customer service complaints.
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Agenda Item No. 5.
FISCAL IMPACT
The total cost of this service agreement in FY 2024/25 will be $120,000. There is no anticipated budgetary impact in FY 2024/25, as the budget was established as part of the biennial budget adoption. However, with the addition of the cost-of-living adjustment provision in this agreement, the City can expect a cost increase of up to 2.5% in years two and three of the contract. The Operating budget for FY 2025/26 and 2026/27 will be established as part of the upcoming biennial budget process.
ATTACHMENTS
1. Proposed Agreement with Animal Friends of the Valleys, Inc.
CITY OF MURRIETA Printed on 6/13/2024Page 3 of 3
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AGREEMENT BETWEEN THE CITY OF
MURRIETA AND ANIMAL FRIENDS OF THE
VALLEYS, INC. FOR CONTRACTED ANIMAL
CONTROL SERVICES
THIS AGREEMENT FOR CONTRACTED ANIMAL CONTROL SERVICES
(“Agreement”) is made and entered into as of the effective date executed by the City of Murrieta, a California municipal corporation (hereinafter referred to as “City”) , and the Animal Friends of the Valleys, Inc., a nonprofit corporation, (hereinafter referred to as " Contractor”). City and Contractor may be referred to individually as “Party” or collectively as “Parties”. In consideration of the mutual promises and covenants made by the Parties and containe d herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
RECITALS
The City is a general law city, formed and existing pursuant to the provisions of the California Government Code.
A. The City is authorized to enter into agreements under the provisions of Government Code section 53060.
B. The City desires or is in need of animal control services provided by Contractor for a full range of activities for the purpose of safeguarding the health and safety of the population of the City of Murrieta and the health and safety of its domestic animals, and for the purpose of promoting humane treatment of animals (“Services”).
C. Contractor is able to provide the Services needed by the City.
D. The City and Contractor have entered into two prior agreements and extensions with Contractor concerning animal control services: (1) a September 18, 2007 agreement for services through June 30, 2009, (2) a n extension on June 16, 2009 for one year, (3) a n extension on June 15, 2010 for one year, (4) an agreement dated December 21, 2010, (5) an extension and amendment dated December 15, 2015, (6) an extension dated December 15, 2020.
E. The City and Contractor intend to terminate all past agreements and any existing agreement related to the Services and replace such agreement(s) with this agreement for the period of July 1, 2024, to June 30, 2027.
NOW, THEREFORE, the parties hereto mutually agree as follows:
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1. TERM
This Agreement shall commence on July 1, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2027, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as through set forth in full.
3. PERFORMANCE
Contractor shall complete the tasks according to the schedule of performance , which is also set forth in Exhibit A.
4. PAYMENT
a. The City agrees to pay Contractor a flat monthly rate, based on the cost schedule set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as through set forth in full, based upon actual time spent on the tasks outlined in Exhibit A.
b. For Fiscal Year 2024 -25 Contractor shall be paid a fee of Ten Thousand Dollars and No Cents ($10,000.00) monthly. This amount shall not exceed One Hundred Twenty Thousand Dollars and No Cents ($120,000.00) for Fiscal Year 2024-2025.
c. For Fiscal Year 2025-2026, the amount the City shall pay to Contractor monthly shall be calculated as follows: the monthly amount listed for Fiscal Year 2024-2025 plus the percentage change in the Annual Consumer Price Index for Urban and Clerical Workers (CPI -W; Series ID: CWURS49CSA0 ) for all items in Riverside -San Bernardino-Ontario, CA for the prior calendar year as compared to the Annual CPI-W of two calendar years prior. In no event can this annualized amount exceed 2.5% over the amount City Pa id to Contractor for Fiscal Year 2024 -2025 (i.e. One Hundred Twenty-Three Thousand Dollars and No Cents ($123,000)). If the percentage change in the CPI-W is less than 0%, the fee shall remain the same as Fiscal Year 2024-2025.
d. For Fiscal Year 2026-2027 the amount the City shall pay to Contractor monthly shall be calculated as follows: the monthly amount for Fiscal Year 202 5-26 plus the percentage change in the Annual Consumer Price Index for Urban and Clerical Workers (CPI -W; Series ID: CWURS49CSA0) for all items in Riverside -San Bernardino-Ontario, CA for the prior calendar year as compared to the Annual CPI-W of two calendar years prior. In no event can this annualized amount exceed 2.5% over the amount City Pa id the contractor for Fiscal Year 202 5-2026. If The percentage change in the CPI-W is less than 0%, the fee shall remain the same as Fiscal Year 2025- 117
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2026.
e. The total amount of this Agreement over the entire three (3) year period shall not exceed Three Hundred Sixty -Nine Thousand Seventy-Five Dollars and No Cents ($369,075.00).
f. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.
Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and Contractor at the time of the City’s written authorization is given to Contractor for the performance of said services.
g. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payments shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees.
h. If the City disputes any Contractor fees, it shall give written notice to the Contractor within thirty (30) days of receipt of an invoices of any disputed fees set forth on the invoice.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City, pursuant to Section 4 of this Agreement.
6. DEFAULT OF CONTRACTOR
a. The Contractor’s failure to comply with provisions of this Agreement shall constitute a default. In the event the Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminated this Agreement immediately by written notice to the Contractor. If such failure by the 118
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Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor’s control, and without fault or negligence of the Contractor, it shall not be considered default.
b. If the City Manager or their delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, they shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled by law, in equity or under Agreement.
7. OWNERSHIP OF DOCUMENTS
a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
8. INDEMNIFICATION
a. Contractor shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by City) and indemnify the City, its council, and each member thereof, its officers, agents, employees, representatives, and their successors and assign s, 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 119
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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. C ontractor shall have no obligation, however, to defend or indemnify City if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of City.
b. General Indemnity Provisions. This indemnity is in addition 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.
c. 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 C ontractor, 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.
9. INSURANCE REQUIREMENTS
Contractor 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 Contractor, its agents , representatives, or employees. At all times during the term of this Agreement, Contractor shall maintain insurance coverage as follows:
a. Commercial General Liability. 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.
b. 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 $1,000,000 per accident for bodily injury and property damage.
c. Workers' Compensation. 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. 120
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d. Insurer Requirements. All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that are rated "A:VII" 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.
e. Deductibles. All deductibles on any policy shall be the responsibility of Contractor and shall be disclosed to City at the time the evidence of insurance is provided.
f. Specific Provisions Required. Each policy required under this Section shall expressly provide, and an endorsement shall be submitted to City, that (a) the City of Murrieta and its respective officers and employees are additional insureds under the policy; (b) the policies are primary and non-contributory to any insurance that may be carried by City; and (c) 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.
g. Subcontractors. Contractor 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.
h. Indemnity Not Limited by Insurance. Contractor’s liabilities, including, but not limited to, Contractor’s indemnity 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 C ontractor'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.
i. City reserves the right to increase the amounts of insurance coverage required by this Section and to require any additional riders and provisions in said policies or certificates as shall be considered necessary by the City consistent with the terms and conditions of this Agreement. Contractor shall comply with said increase or other change within sixty (60) days of notice from the City.
10. INDEPENDENT CONTRACTOR
a. It is understood and agreed that City is interested only in the results obtained from service hereunder and that Contractor shall perform as an 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 its 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 Agreement, an independent contractor, and neither Contractor, nor its employees, agents and representatives shall be deemed an employee of the City for any purpose.
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b. 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 C ontractor 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 injur y leav e or other benefits.
11. 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 C ontractor, without unlawful discrimination 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 antidiscrimination laws relatives to this Agreement shall constitute a finding by City that C ontractor has violated the anti - discrimination provisions of this Agreement.
12. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local , State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations . The City , and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.
13. PERMITS AND 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.
14. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern 122
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the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City . In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party , as determined by the Court's judgment , shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
15. 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.
16. 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.
17. COORDINATION
Contractor's Executive Director and the City Manager or their designee shall meet not less than quarterly to discuss Agreement performance.
18. REPORTING AND INSPECTION OF RECORDS
a. Contractor shall furnish the City monthly reports detailing shelter, field and licensing activities, including a summary of the utilization of field service employees' hours required in providing services and the records required in the execution of the contracted services outlined in Exhibit A.
b. Contractor shall maintain and keep records of all expenditures and obligations incurred pursuant to this Agreement and all income and fees received according to generally recognized accounting principles. Such records shall be maintained by C ontractor for a minimum of four (4) years. The records and/or animal control operations of Contractor shall be open to inspection and audit by the City of its authorized representative as is deemed necessary by the City upon reasonable notice to Contractor.
Contractor shall provide the City a copy of Contractor’s full annual financial statement immediately upon completion thereof, but in no case later than six (6) months after the close of each fiscal year.
c. All material referenced in this Section and in Exhibit A including all pertinent cost accounting, financial 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 C ontractor's performance hereunder unless City's written permission is given to dispose of same prior to that time.
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19. RELEASE OF INFORMATION
a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Resp onse to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
b. Contractor shall promptly notify City should Contractor, 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 regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
20. NOTICES
Notices shall be deemed given under this Agreement when in writing and personally delivered or placed in the U.S. Mail, first class, postage prepaid, addressed as follows:
City: City Manager
City of Murrieta 1 Town Square
Murrieta, CA 92562-7022
Contractor: Executive Director
Animal Friends of the Valleys, Inc. 33751 Mission Trail Wildomar, CA 92595
21. ASSIGNMENT
No portion of this Agreement or any of the work to be performed hereunder may be assigned or delegated by C ontractor without the express written consent of City, nor may any interest in this Agreement be transferred (whether by assignment or novation) by C ontractor 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. Any assignment made without the City's consent shall, at the option of the City, immediately void this Agreement However, claims for money due or to become due to C ontractor from City under this Agreement may be 124
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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.
22. SURVIVAL
Contractor's representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement.
23. 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 contained in this Agreement.
24. SEVERABILITY
If any term, condition or provision of this Agreement 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.
25. ALTERATIONS OR VARIANCE
City may, from time to time, require changes in the scope of services by Contractor to be performed under this Agreement. Such changes, including any increase or decrease in the amount of Contractor's compensation, which are mutually agreed upon by City and C ontractor, shall be effective as amendments to this agreement only when in writing. No alterations to this Agreement or variance from the provisions hereof shall be valid unless made in writing and executed by both of the parties hereto.
26. BINDING AGREEMENT
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 requires.
28. WARRANTY OF AUTHORITY
Each of the parties signing this Agreement warrants to the other that he or she has the full authority of the entity on behalf of which his or her signature is made.
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29. PROHIBITED INTEREST
No officer, or employee of the City of Murrieta that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect , in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during their tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Murrieta that has participated in the development of this agreement or its approval has any interest , whether contractual, noncontractual, financial or otherwise , in this transaction , the proceeds thereof, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agree s to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
30. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
31. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non-substantive modifications to the agreement: (a) name changes; (b) extension of time; (c)non- monetary changes in scope of work; (d) agreement termination.
32. TERMINATION OF PRIOR AGREEMENTS
By entering into this Agreement, the City and CONTRACTOR terminate all prior existing agreements between them pursuant to which CONTRACTOR provided animal control services to the City.
33. COUNTERPARTS
This Agreement may be executed in counterparts, all of which taken together will be considered one original document.
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[SIGNATURES ON FOLLOWING PAGE]
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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 Financ ial 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:
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EXHIBIT A
Scope of Services/Tasks to be Performed
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1. SERVICES TO BE PROVIDED:
Contractor shall operate a complete animal control program for the City consisting of, but not limited to, field services and licensing. In the conduct of this program, Contractor shall perform the following specific functions:
a. Enforcement: Enforce all provisions of the Riverside County Ordinances as adopted by reference by the City (including Ordinances No. 534, No. 534.2 and No. 630) and the Murrieta Municipal Code (as it may be adopted and amended from time -to time) pertaining to animals, including the issuing of warning notices or citations as necessary for violations of such Ordinances. In the event the Municipal Code is amended and the amendments would substantially alter the duties and responsibilities of Contractor under this Agreement, the parties hereto agree to meet and in good faith renegotiate those terms and conditions of this Agreement affected by such amendments.
b. Impound: Impound all animals caught at large and collect all impound fees assessed.
c. Quarantine: Quarantine as prescribed by law all animals suspected to be rabid.
d. Complaint Investigation & Resolution: Investigate and pursue action on complaints and/or reports of potential violations of City Ordinances and Municipal Code relating to animals, including unnecessary noise, in accordance with such procedures adopted by the City, respond to requests from City departments (such as the Police and Fire Departments, and Code Enforcement) and contact the Murrieta Police Department for assistance with animal related situations.
e. Dead Animals: Remove dead animals from the public right-of-way within City limits and from other areas upon request by the City.
f. Trapping & Removal: Respond to requests for assistance in the trapping and removal of domestic or wild animals, including coyotes and skunks, from public or private property.
Contractor will offer advice in setting a trap in any enclosed space and will remove an animal caught in a trap, but shall not be required to move belongings, climb trees, crawl under houses, or so forth, or to maintain on -premises surveillance unless in the Contractor’s opinion there is a direct, clear and present danger to human life or unless specifically requested to do so by the City Manager or his or her designee in consultation with Contractor's Executive Director or appointee whenever possible. Contractor will provide traps but will not be required to provide vector control.
g. Animal Bites: Investigate reported animal bites. Contractor may initially receive animal bite reports by telephone, but also shall respond in person to all reported bites by dogs or other suspected rabid or wild animals. Contractor shall take appropriate steps consistent with the circumstances of each separate incident to locate and quarantine the suspected animal(s) and/or assist the complained and/or injured party or parties to trap the suspected animal(s).
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h. Licensing:
i. Conduct license inspections, including area-wide canvassing, as part of the field services activity. Officers, as part of their regular animal control duties, shall conduct license inspection activities during animal control investigations for the purpose of ascertaining the number of unlicensed dogs within the City and licensing such dogs. Contractor shall conduct license inspection activities pursuant to any policies and procedures approved by the City Council of City.
ii. Contractor shall issue licenses and collect all appropriate license fees and penalties as set by City. Additionally, to the extent that Contractor issues citations or otherwise imposes penalties in its enforcement capacity as described in 1 (a), the revenues generated from enforcement shall revert to Contractor, less reasonable administrative costs and any handling costs incurred by the City or by the City's independent collection agency.
iii. Contractor will develop and implement a comprehensive licensing program including a process whereby dog licenses may be issued by mail; sell dog licenses at the Animal Shelter and clinics; and send renewal notices by mail to owner of currently licensed dogs, togethe r with an application for renewal when requested by owners; and provide license forms and tags. The detailed work program with the scope of services for the comprehensive licensing program shall be submitted for approval by the City Manager or his or her d esignee. Contractor shall, at Contractor's expense, affix a professionally prepared sign at its Animal Shelter, stating applicable City fees. Upon notice to Contractor, City may take over all license -processing functions.
i. Euthanasia: After notice and hearing as required, provide euthanasia service as required and allowed by law for animals held five (5) days or more, if these animals are not reclaimed by their owner and are deemed unsuitable by the Officer for adoption.
j. Clinics: Make all necessary arrangements and conduct up to two (2) one-day clinics each year within Murrieta which are open to the City of Murrieta residents for rabies vaccination and licensing of dogs.
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k. Field Services: Assign one and one -half field service officers , and a back -up officers as needed, who shall be duly appointed as Animal Control Officers.
Routine field services will be provided as necessary within the hour's limitation of this Agreement. The number of hours per week includes, but are not necessarily limited to impoundment of dangerous, wild, injured or loose animals. Contractor shall assign a sufficient number of field service employees to duty at all times to meet the needs of this Agreement. The normal hours of service shall be:
Field Service 8:00 a.m. to 4:00 p.m. Monday – Friday
Telephone
Answering/Dispatch 8:00 a.m. to 4:00 pm Monday – Saturday
Shelter 10:00 a.m. to 4:00 pm Monday – Saturday
10:00 a.m. to 7:00 pm Wednesday
Emergency Response 24 Hours per Day Monday - Sunday
l. After-Hours: Provide a field service person either on duty or on call after regular hours as necessary to respond to emergency calls. The City and Contract or agree that any incident reported to Contractor by citizens , the City, Murrieta property owners associations or through the Murrieta Police Department or the Murrieta Fire Department involving a dangerous, wild or stray injured animal, constitutes an emergency and requires immediate action by Contractor. When the City Manager has reason to believe that an animal control emergency exists, the Manager shall notify Contractor and request a prompt response. If Contractor fails to respond to such a request within a reasonable time or fails to respond at all, the City shall request in writing that Contractor send to the City a written explanation giving the reason(s) for the delay in responding or the failure to respond. The Contractor’s written explanation shall be submitted to the City Manager within five (5) working days from the date of the request for emergency service. This Agreement and the provision herein shall not be construed to limit the interpretation of what constitutes an emergency and/or the need for a priority response. The following examples are illustrative of the need for an immediate response from Contractor.
1. Request to remove a wild, dangerous or injured animal or animals from an inhabited place or vehicle;
2. Reported animal bites involving loose animals; and
3. Livestock, fowl or game birds being attached or killed by dogs or other animals.
m. Public Relations: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding, when 132
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Contractor is processing any type of complaint or request for service, Contractor will indicate to the caller when a response can be expected from Contractor and how Contractor will respond. In the event an in -person response is appropriate to the specific situation, Contractor shall make such response by the end of the following business day.
n. Complaints Regarding Services: Cooperate with the City to resolve any and all complaints filed with Contractor and/or the City pertaining to services provided under this Agreement.
The City shall submit to Contractor in writing all complaints filed with the City concerning services provided by Contractor under this Agreement. Contractor shall report monthly in writing to the City the number of complaints received by Contractor directly or indirectly through the City pertaining to quality of service(s) provided under this Agreement.
o. Records: Maintain and keep timely, complete and accurate records of the receipt and disposition of all animals delivered into its custody. Contractor will file a report with the Murrieta Police Department within twenty -four (24) hours if an impounded animal is suspected to be missing or to have been stolen. Contractor shall indicate on the police report the circumstances of the animal's disappearance and make available to the City Manager the designated report or file number.
p. Communications Equipment: Contractor agrees to provide radio equipment and frequency as necessary for effective performance of its obligations hereunder and in order to provide law enforcement backup for its field personnel.
q. Other Equipment: Contractor shall provide all vehicles and equipment necessary for the performance of this Agreement and shall be responsible for maintenance of such vehicles and equipment, including the installation and removal of the paging or radio equipment described in Paragrap h (p) of this Section. Contractor shall be responsible for all costs relating to theft, vandalism, or destruction of said equipment by fire, accident or intentional acts.
r. Personnel & Supplies: Contractor shall provide all personnel, supplies, and equipment necessary for efficient animal control services and programs provided for herein, including, but not limited to Animal Control Officers, clerical staff, license tags and forms, citation forms, notices and all necessary envelopes and postage. Animal Control Officers will complete the required training in accordance with Penal Code 832 before being issued an Animal Control Officer's badge and given the authority to perform Animal Control duties.
s. Use of Animal Shelter: Contractor shall provide access to and use of the Animal Shelter which it leases and/or operates pursuant to its animal control services agreement with the City of Murrieta.
t. Attendance at Meetings: Provide input and coordination on amendment of City animal control fees and ordinances and shall attend City Council and other City meetings as required or requested to do so.
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u. Compliance with Laws: Comply with all applicable local, state or federal laws or regulations.
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EXHIBIT B
Schedule of Compensation
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Animal Friends of the Valleys, Inc.
Animal Control Field Service Costs
July 1, 2024 thru June 30, 2025
Description of Services Unit Rate Total
Regular Animal Control 12 hours/day for 5 days/week
3,120
$70.00
$218,400.00
Regular Animal Services Court, Add’l Officers, Etc. 500 $70.00 $35,000.00 Mileage for Animal Control Vehicles 45,000 $1.05 $47,250.00 After hour calls/weekends 15 hours/week 780 $105.00 $81,900.00 Vet Costs $10,000
$392,550.00
License/Citation Revenue
Estimated AFV Collections $ 272,550.00
Difference in Revenue vs. Costs
$ 120,000.00
Monthly Flat Rate $ 10,000.00
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CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No. 6.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, AICIP, Development Services Director PREPARED BY: Valerie Mendoza, Management Analyst
SUBJECT:
Approval of a Three-Year Agreement Not to Exceed $100,000 per Fiscal Year for Landscape Plan Check and Inspection Services Between Architerra Design Group and Van Dyke Landscape Architects.
RECOMMENDATION
Authorize the City Manager to execute agreements with Architerra Inc. and Van Dyke Landscape Architects for on-call landscape plan check review and inspection services.
PRIOR ACTION/VOTE
None.
CITY COUNCIL GOAL
Coordinate and deliver responsive, effective community services.
BACKGROUND
The Development Services Department currently has a contract with Architerra Design Group (Architerra, Inc.) and Van Dyke Landscape Architects (VDLA) to provide as-needed landscape plan review and inspection services which will be expiring soon. To ensure the City obtains the most competitive pricing and flexibility for its customers, as well as for the City’s own needs, the Planning Division of the Development Services Department issued a Request for Proposals (RFP) soliciting bids on March 13, 2024, from qualified individuals and firms to provide on-call, as-needed landscape review and inspection services. The need primarily comes from landscaping activities resulting from new development. The following four firms responded to the City’s RFP:
· Architerra, Inc.;
· VDLA;
· RJM Design Group; and
· Ladayu Consulting Group.
Each firm’sproposal was evaluated and scored based on how the firm expressed its ability to demonstrate CITY OF MURRIETA Printed on 6/13/2024Page 1 of 2
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Agenda Item No. 6.
Each firm’sproposal was evaluated and scored based on how the firm expressed its ability to demonstrate expertise in each category, as described below:
· Demonstration of a clear project understanding/project approach to the scope of work; · Experience with similar work and the team’s relevant planning/zoning experience with adequate references;
· The professional qualifications, technical ability, and capability of the team assigned to the project; · The consultant’s ability to dedicate available personnel resources within the timeframe of the project; and
· An overall subjective evaluation.
Based on the review of each of these areas, the proposal from Architerra, Inc. scored the highest overall.
An evaluation of the Architerra, Inc. proposal indicates a clear understanding of the scope of work, relevant experience, qualifications, and availability of personnel. Architerra Inc. was determined to meet the City’s needs for the desired work outlined in the RFP. The Architerra Inc. team has the requisite experience required by the City, having worked with many jurisdictions across California. To provide the most flexibility for staff and the City’sclients, staff selected a second firm, VDLA, to provide on-call, as-needed landscape plan check and inspection services. Staff’sevaluation of VDLA’sproposal demonstrated their commitment to providing plan check and inspection services to jurisdictions similar to the City of Murrieta and having well-qualified staff it can allocate to City projects.
The proposed cost is $100,000 per year, which would include services provided by both firms. The agreements with Architerra, Inc., and VDLA are for project management for landscape plan check and inspection services for three years and may be extended for one year based on the satisfactory performance of services.
FISCAL IMPACT
The adopted Fiscal Year 2024/25 Operating Budget includes $100,000 in General Ledger account 1104400- 60480. The cost of the remaining years of the agreement will be included in the normal biennial budget process. The cost of these services is expected to be fully recovered since the inspection and plan check costs charged by the consultants are passed through to applicants.
ATTACHMENTS
1. Agreement between the City of Murrieta and Architerra Design Group
2. Proposal from Architerra Design Group
3. Agreement between the City of Murrieta and Van Dyke Landscape Architects
4. Proposal from Van Dyke Landscape Architects
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AGREEMENT BETWEEN THE CITY OF MURRIETA
AND
ARCHITERRA INC. (DBA ARCHITERRA DESIGN GROUP)
This Agreement (“Agreement”), made this 18th day of June, 2024, 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 ARCHITERRA, INC, (DBA ARCHITERRA DESIGN GROUP) a California Corporation ("CONSULTANT") 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 consultant agreements under the provisions of California Government Code section 53060.
C. CITY desires or is in need of Landscape Architecture services on an on-call basis.
D. CITY and CONSULTANT are desirous of paying the consultant up to $100,000.00 for tasks related to the scope of services for landscape architecture review.
E. CONSULTANT has special knowledge, experience and facilities for accomplishing the above design or engineering services.
F. CITY now desires to retain CONSULTANT to accomplish the above design or engineering services, and CONSULTANT 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 CONSULTANT
1.1 CONSULTANT 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 CONSULTANT 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 CONSULTANT acknowledges that no level of work is guaranteed. Assignments will be determined on an as -needed basis for which purchase orders will be issued based on 139
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services required and CONSULTANT’s fee schedule (refer to Exhibit “B”), which is attached to and made a part of this Agreement.
1.3 Representations. CONSULTANT 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 e ntering into this Agreement, is relying on CONSULTANT’s representations for quality and professional work performed in a timely manner, and CONSULTANT shall perform in accordance with those representations and standards.
1.4 Monthly Written Reports. The Project Manager of CONSULTANT shall prepare and submit to the Assistant City Manager a monthly written report specifying the activities of CONSULTANT pursuant to this Agreement. CONSULTANT shall prepare the monthly written report in a format acceptable to the CITY. CONSULTANT 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 /her designee, to administer CITY’s rights under this Agreement, and to review the work performed by CONSULTANT pursuant to the scope of services.
2.2 CONSULTANT shall keep the City Manager, CITY’s representative, or his /her 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 any notice desired or required to be sent to a party hereunder shall be addressed, as follows:
For CITY: Kim Summers, City Manager
Address: City of Murrieta
1 Town Square
Murrieta, CA 92562
Phone: (951) 461-6010
Facsimile: (951) 461-6430
For CONSULTANT: Richard W. Krumwiede, PLA 2834
President
CONSULTANT: Architerra, Inc. (DBA Architerra Design Group) Address: 10221-A Trademark Street
Rancho Cucamonga, CA 91730
Phone: (909) 484-2800
Facsimile: (909) 484-2802
3. TERM
3.1 The services called for under this Agreement shall be provided by CONSULTANT during the period commencing upon execution of this Agreement and shall continue through June 30, 2027. This Agreement may renew for up to three (3) additional one (1) year terms based on satisfactory performance of the services called for in the Agreement, at the discretion of the City 140
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Manager with at least thirty (30) days written notice prior to the expiration of the initial term or any subsequent annual renewal.
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 CONSULTANT
4.1 Consideration. In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT for hours worked at the hourly rates specified in the CONSULTANT’S rate and fee schedule in Exhibit “B”. The specified hourly rates include direct salary costs, employee benefits, overhead, and fee.
The CITY also agrees to pay CONSULTANT for incurred direct costs other than salary costs, and other costs that are identified in Exhibit “A”. CONSULTANT acknowledges that additional consultant(s) may provide the services called for by the Agreement, that no one consultant is guaranteed any particular amount of work , and that the total compensation for all services provided by the consultant(s) combined shall not exceed $100,000 per fiscal year. The total amount payable by the CITY shall not exceed the amount designated on individual purchase orders issued pursuant to this Agreement and the sum not to exceed ONE HUNDRED THOUSAND DOLLARS ($100,000) over the entire term of the Agreement. Each purchase order will require a scope of services, expected results, project deliverables, period of performance, and project schedule. CONSULTANT shall accept such sums as full compensation for the services listed on each individual purchase order.
4.2 Additional Services. If CITY desires any additional services (“Additional Services”), CONSULTANT 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 modify or alter 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, altered or rejected. Upon the written approval of any Additional Services including costs by CONSULTANT and CITY, CONSULTANT shall perform the Additional Services and CITY will pay to CONSULTANT the cost of the Additional Services as agreed in writing. All money due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said cla ims, and certified by proper officers of CONSULTANT.
4.3 Payments. CONSULTANT shall submit monthly invoices to the CITY for CONSULTANT’s services rendered, in accordance with the schedule of tasks and charges attached as Exhibit “B”, not to exceed the amount of the City issued purchase order. Payment of CONSULTANT’s fee shall be made in accordance with CITY’s normal schedule for issuance of checks. CONSULTANT agrees and acknowledges that it is CONSULTANT’s sole responsibility to report as income all compensation received from CITY, and to make the requisit e tax filings and payments to the appropriate federal, state and local tax authorities.
5. STATUS OF CONSULTANT
5.1 Independent Contractor. It is understood and agreed that CITY is interested only in the results obtained from service hereunder and that CONSULTANT shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. CONSULTANT shall complete this Agreement according to its own methods of work which shall be in the exclusive charge and control of CONSULTANT and which shall not be subject to control or supervision by the CITY, except as to the results of the 141
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work. CONSULTANT is, for all purposes arising out of this Agreement, an independent contractor, and neither CONSULTANT, nor its employees, agents, or representatives shall be deemed an employee of the CITY for any purpose.
5.2 Employee Benefits. CONSULTANT 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 CONSULTANT 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 . CONSULTANT agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participating in the activities hereunder, as provided in Section
6.1.2 of this Agreement.
5.4 Prevailing Wages. Pursuant to 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
CONSULTANT shall not begin the services under this Agreement until it has: (a) obtained, and upon the CITY's request, provided to the CITY, insurance certificates reflecting evidence of all insurance required in this Section 6; however, CITY reserves the right to request, and CONSULTANT shall submit, copies of any policy upon reasonable request by CITY; (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, CONSULTANT shall maintain insurance coverage as follows:
6.1.1 Commercial General Liability. Commercial General Liability (CGL) Insurance written on an occurrence basis to protect CONSULTANT 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.
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6.1.2 Workers' Compensation. For all of CONSULTANT’s employees who are subject to this Agreement and to the extent required by applicable state or federal law, CONSULTANT shall keep in full force and effect a Workers' Compensation policy. That policy shall provide employers' liabilit y coverage as required by applicable state and/or federal Workers’ Compensation laws, and CONSULTANT 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 CONSULTANT participating under this Agreement, CONSULTANT agrees to defend and indemnify the CITY from such claim.
6.1.3 Professional Liability. For all of CONSULTANT’s employees who are subject to this Agreement, CONSULTANT shall keep in full force and effect Professional Liability coverage for professional liability with a limit of Two Million Dollars ($2,000,000) per claim and Four Million Dollars ($4,000,000) annual aggregate. CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of services under this Agreement; and (2) the policy will be maintained in force for a period of four years afte r termination of this Agreement or substantial completion of services under this Agreement, whichever occurs last. CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss.
6.1.4 Automobile Liability. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONSULTANT owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above.
If CONSULTANT or CONSULTANT’s employees will use personal autos in any way on this project, CONSULTANT shall obtain evidence of personal auto liability coverage for each such person.
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 policy shall be the responsibility of CONSULTANT 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 submitted 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 insured under the policy.
6.5 Indemnity Not Limited by Insurance. CONSULTANT’s liabilities, including, but not limited to, CONSULTANT’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 CONSULTANT’s failure to 143
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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.
7. AUDIT AND INSPECTION OF RECORDS
At any time during CONSULTANT’s normal business hours and as often as CITY may deem necessary, and upon reasonable notice, CONSULTANT 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. CONSULTANT will permit CITY to audit and to make audits of all invoices, materials, payrolls, records of personnel and other data r elated to all matters covered by this Agreement.
All material referenced in this Section, including all pertinent cost accounting, financial records, and proprietary data, must be kept and maintained by CONSULTANT for a period of at least four (4) years, or for the period required by law, whichever is greater, after completion of CONSULTANT’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 CONSULTANT respecting matters covered by this Agreement shall not be published without prior written consent of City Manager or his designees, nor shall CONSULTANT issue any news releases or publish information relating to its services hereunder without the prior written consent of the City Manager. CONSULTANT 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 CONSULTANT shall advise CITY of any and all materials used, or recommended for use, by CONSULTANT to achieve the project goals that are subject to any copyright restrictions or requirements. In the event CONSULTANT shall fail to so advise CITY and, as a result of the use of any programs or materials developed by CONSULTANT under this Agreement, CITY should be found in violation of any copyright restrictions or requirements, CONSULTANT agrees to indemnify and hold harmless CITY against any action or claim brought by the copyright holder.
8.3 Ownership of Records. All records created by the CONSULTANT 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, documents, papers and records of the CONSULTANT involving transactions and work related to this Agreement. The CONSULTANT 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 addre ssed to the party to whom the notice is directed, or (c) via facsimile transmission (with proof of confirmation by sender). Service 144
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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 CONSULTANT, (b) CONSULTANT, through any cause, failing to fulfill in a timely and proper manner its obligations under this Agreement, (c) any act by CONSULTANT exposing CITY to liability to others for personal injury or property damage, or (d) if CONSULTANT is adjudged bankrupt, CONS ULTANT makes a general assignment for the benefit of creditors, or a receiver is appointed on account of CONSULTANT’s insolvency.
Written notice by CITY of termination for cause shall contain the reasons for such intention to terminate and shall specify t he effective date thereof. Unless prior to the effective date of the termination for cause the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall cease and terminate on the effective d ate specified in the written notice by CITY.
10.2 In the event of such termination, CONSULTANT 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 determin ed by CITY, not to exceed the amount payable herein, and CONSULTANT 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 CONSULTANT 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, CONSULTANT shall be entitled to receive compensation for any satisfactory work completed up to the receipt by CONSULTANT of notice of termination, less any payments theretofore made and not t o 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, CONSULTANT 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 City Manager determines are necessary to be completed by CONSULTANT 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 CONSULTANT shall be delivered to the City Manager, upon his request, as property of CITY. 145
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13. DEFENSE AND INDEMNIFICATION
13.1 Indemnity for Professional Liability . Except for the sole negligence or willful misconduct of CITY, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council and each member thereof, its officers, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent , reckless or wrongful acts, errors or omissions of CONSULTANT in the performance of the professional services under this Agreement and those of CONSULTANT's sub-consultants or anyone for whom CONSULTANT is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder.
13.2 Indemnity for Other than Professional Liability . With respect to operations other than the performance of the professional services under this Agreement, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) 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 c osts 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 of CONSULTANT, its officers, employees, representatives, subcontractors, or agents under this Agreement regardless of whether or not such claim, loss or liability is caused, in part by a party indemnified hereunder. CONSULTANT shall have no obligation, however, to defend or indemnify CITY if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of CITY.
13.3 General Indemnity Provisions. This indemnity is in addition 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 CONSULTANT under this Agreement for the purpose of resolving such claims; provided however, that CITY may release such funds if CONSULTANT provides CITY with reasonable assuranc es of protection of the CITY's interest.
The CITY shall, in its sole discretion determine whether such assurances are reasonable.
CONSULTANT agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the performance of services under this Agreement by CONSULTANT, its officers, agents, representatives, employees, sub -consultants, or anyone for who m CONSULTANT is liable and that an adjudication of CONSULTANT's liability is not a condition precedent to CONSULTANT's duty to defend.
14. CONFLICT OF INTEREST
CONSULTANT 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.
14.1 Prior to execution of this Agreement, CONSULTANT shall disclose in writing to CITY any and all compensation, actual or potential, which CONSULTANT may receive in any form from a party other than CITY as a result of performance of this Agreement by CONSULTANT. 146
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If CONSULTANT becomes aware of the potential for such compensation subsequent to the execution of this Agreement, CONSULTANT shall disclose such compensation within three (3) working days of becoming aware of the potential for such compensation.
14.2 Prior to or concurrent with making any recommendation of any products or service for purchase by the CITY, CONSULTANT shall disclose any financial interest that CONSULTANT 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.
14.3 CONSULTANT shall not conduct business for third parties which may be in conflict with CONSULTANT’s responsibilities under this Agreement. CONSULTANT may not solicit any business during the term of this Agreement which conflicts with its responsibilities under this Agreement. CONSULTANT shall provide no services for any private client within the corporate boundaries or sphere of influence of CITY during 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 subconsultants specifically included in the attached “Scope of Services”) by CONSULTANT without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assignment or novation) by CONSULTANT without the express written consent of CITY, and without such c onsent all services hereunder are to be performed by CONSULTANT, its officers, agents and employees. However, claims for money due or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company, or other financial i nstitution 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
CONSULTANT’s representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement.
17. COMPLIANCE WITH APPLICABLE LAWS
CONSULTANT 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 CONSULTANT, CONSULTANT’s business, equipment and personnel engaged in activities covered by this Agreement or arising out of the performance of such activities.
18. PERMITS/LICENSES
CONSULTANT and all of CONSULTANT’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
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CONSULTANT 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, CONSULTANT certifies and agrees that all persons employed by CONSULTANT, its affiliates, subsidiaries and related entities, if any, will be treated equally by CONS ULTANT, without unlawful discrimination 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, i n 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 CONSULTANT has violated state or federal anti-discrimination laws relative to this Agreement shall constitute a finding by CITY that CONSULTANT has violated the anti-discrimination provisions of this Agreement.
20. NON-WAIVER
The failure of CITY or CONSULTANT 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 CONSULTANT of compensation under this Agreement shall not be deemed to waive CITY’s rights or CONSULTANT’s rights contained in this Agreement.
21. SEVERABILITY
If any term, condition or provision of this Agreement 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.
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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
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.
CITY OF MURRIETA _____________________________
Name of Consultant
_____________________________
Kim Summers, City Manager _____________________________ Name/title of signatory [please print]
_____________________________
Signature
ATTEST:
_____________________________
Name/title of signatory [if necessary]
_____________________________
Cristal McDonald, City Clerk _____________________________ Signature
APPROVED AS TO FORM:
_____________________________
Tiffany J. Israel, City Attorney
NOTE: If this Agreement involves a corporate party, the corporation must be represented by two individuals as follows: (A) one from the corporation’s “Operational Group” (Chair of the board, President or a Vice-president) and; (B) one from the corporation’s “Fi nancial Group” (Secretary, Assistant secretary, Chief financial officer or an Assistant treasurer). See California Corporations Code section 313.
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EXHIBIT A
Scope of Services
151
152
153
154
155
01375.0005/985906.1
EXHIBIT B
Schedule of Rates and Charges
156
157
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :
POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #
COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
9/18/2023
License # OC88587(626) 610-9500(626) 610-929920443Architerra, Inc.10221-A Trademark StreetRancho Cucamonga, CA 917303463011991 A 2,000,000XXB20980531399/25/20239/25/2024300,000Ded: $0 10,0002,000,0004,000,0004,000,0001,000,000A B20980531399/25/20239/25/20242,000,000A B50846656719/25/20239/25/20242,000,0000B XARWC45275510/1/202310/1/20241,000,000Y 1,000,0001,000,000CProfessional LiabJEO00020167/15/2023Each Claim/Aggregate2,000,000CProfessional LiabJEO00020167/15/20237/15/2024Deductible10,000All endorsements apply as per written contract.City of Murrieta and its respective elected officials, officers, employees, agents and representatives are named as additional insured as respects general liability as per attached SB146968C 1019 including completed operations and waiver of subrogation. Waiver of subrogation applies as respects workers compensation as per attached WC990410C.
City of Murrieta1 Town SquareMurrieta, CA 92562
ARCHINC-01FERTE1
CDS Insurance Services2001 E. Financial Way, Suite 200Glendora, CA 91741Certificate [email protected] Casualty CoOak River Ins. Co. (BHHC)National Casualty Company X7/15/2024
XXXX XXXX
158
POLICY NUMBER INSURED NAME AND ADDRESS
B 2098053139 ARCHITERRA, INC.
10221-A TRADEMARK ST
RANCHO CUCAMONGA, CA 91730
ADDITIONAL INTEREST SCHEDULE
LOCATION BUILDING1 1
Type: Owners , Lessees or Contractors
Additional Interest Name and Address:
Rancho Cucamonga Fire Protection District
8794 Lion Street
Rancho Cucamonga , CA 91730
Type: Owners , Lessees or Contractors
Additional Interest Name and Address:
CITY OF REDONDO BEACH
415 DIAMOND ST ATTN: CITY ENGINEER
PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION
REDONDO BEACH , CA 90277
Type: Notice of Cancellation or Material Coverage Change Additional Interest Name and Address:
CITY OF MURRIETA
DEVELOPMENT SERVICES DEPARTMENT
1 TOWN SQUARE
MURRIETA , CA 92562
Type: Designated Person or Organization
Additional Interest Name and Address:
REPUBLIC SERVICES, INC
18500 N ALLIED WAY
PHOENIX , AZ 85054
Type: Designated Person or Organization
Additional Interest Name and Address:
CITY OF RANCHO CUCAMONGA
10500 Civic Center Drive
Rancho Cucamonga , CA 91730
Type: Designated Person or Organization
Additional Interest Name and Address:
CITY OF DIAMOND BAR
21810 COPLEY DRIVE
.
DIAMOND BAR , CA 91765
INSURED Page 5 of 9
Type: Owners , Lessees or Contractors
Additional Interest Name and Address:
TAYLOR MORRISON SERVICES, INC.;
TAYLOR MORRISON OF CA, LLC;
TAYLOR MORRISON, INC.
Insurance Compliance
PO Box 100085 - XJ
DULUTH , GA 30096
159
SB146968C
(Ed. 10-19)
IMPORTANT:THIS ENDORSEMENTCONTAINSDUTIESTHAT APPLY TO THE ADDITIONAL INSUREDIN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENTFOR THESE DUTIES.
BLANKETADDITIONALINSUREDENDORSEMENT
WITH PRODUCTS-COMPLETEDOPERATIONSCOVERAGEAND
BLANKETWAIVEROF SUBROGATION
Architects,Engineersand Surveyors
This endorsementmodifiesinsuranceprovidedunderthe following:
BUSINESSOWNERSLIABILITYCOVERAGEFORM
BUSINESSOWNERSCOMMONPOLICYCONDITIONS
A. WhoIs An Insuredis amendedto include asan insuredany personor organizationwhom you are requiredto add as an additional insured on this policy under a written contract or written agreement;but the written contract or written agreementmust be:
1. Crrentlyin effect or becomingeffectiveduringthe term of this policy;and
2. Executedprior to the:
a. "Bodilyinjury" or "propertydamage"; or
b. Offensethat causedthe "personaland advertisinginjury"; for which the additionalinsuredseeks coverage
B. The insuranceprovidedto theadditionalinsuredis limitedas follows:
1. The person or organizationis an additional insured only with respect to liability for "bodily injury," "property damage" or "personaland advertisinginjury" causedin whole or in part by:
a. Your acts or omissions;or
b. The acts or omissionsof those actingon your behalf,
in the performanceof your ongoingoperationsspecifiedin the writtencontractor writtenagreement;or c. "Your work" that is specified in the written contract or written agreement, but only for "bodily injury" or "propertydamage" includedin the "products-completedoperationshazard," and only if:
(1) The written contract or written agreementrequires you to provide the additional insured such coverage; and
(2) This CoveragePart providessuch coverage.
2. The Limits of Insuranceapplicableto the additionalinsured are those specified in the written contract or written agreementor in the Declarationsof this policy, whicheveris less. These Limits of Insuranceare inclusive of, and not in additionto, the Limits of Insuranceshownin the Declarations.
3. The insurance provided to the additional insured does not apply to "bodily injury," "property damage" or "personaland advertisinginjury" arising out of anarchitect's,engineer's,or surveyor'srenderingof or failure to renderany professionalservicesincluding:
a. The preparing,approving,or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specificationsby any architect,engineeror surveyor performing serviceson a projectof which you serve as constructionmanager;or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as constructionmanager.
4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of construction or demolition work while you are acting as a constructionor demolitioncontractor.
SB146968C(Ed. 10-19) Page1 of 3
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NAMED INSURED: Architerra, Inc.
POLICY NUMBER: B2098053139
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SB146968C
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C. Under BusinessownersLiabilityConditions, the condition entitled Duties In The Event of Occurrence,Offense, Claimor Suit is amendedto add the following:
An additionalinsuredunderthis endorsementwill as soon as practicable:
1. Give writtennoticeof an occurrenceor an offenseto us which may result in a claim or "suit" underthis insurance;
2. Tenderthe defenseand indemnityof any claim or "suit" to us for a loss we cover underthis CoveragePart;
3. Exceptas providedfor in paragraphD.2. below:
a. Tenderthe defenseand indemnityof any claim or "suit" to any other insurer which also has insurancefor a loss we cover underthis CoveragePart; and
b. Agree to make availableany other insurancewhich the additionalinsured has for a loss we cover under this CoveragePart.
We have no duty to defend or indemnifyan additionalinsured under this endorsementuntil we receive written notice of a claim or "suit" from the additionalinsured.
D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERSCOMMONPOLICYCONDITIONSis amendedto delete paragraphs2. and 3. and replacethem with the following:
2. This insuranceis excess over any other insurance available to the additional insured, whether primary, excess, contingentor on any other basis, But if requiredby the writtencontractor written agreement,this insurancewill be primaryand noncontributoryrelativeto insuranceon which the additionalinsuredis a NamedInsured.
3. When this insuranceis excess,we will have no duty under BusinessLiabilityinsuranceto defend the additional insuredagainstany "suit" if any other insurer has a duty to defend the additionalinsured against that "suit" If no other insurer defends,we will undertaketo do so, but we will be entitled to the additionalinsured's rights against all those other insurers.
When this insuranceis excess over other insurance,we will pay only our share of the amountof the loss, if any, that exceedsthe sum of:
(a) The total amountthat all such other insurancewould pay for the loss in the absenceof this insurance;and (b) The total of all deductibleand self-insuredamountsunderall that other insurance.
We will share the remainingloss, if any, with any other insurancethat is not describedin this Excess Insurance provisionand was not bought specificallyto apply in excess of the Limits of Insuranceshown in the Declarations of this CoveragePart.
E. AdditionalInsured– ExtendedCoverage
When an additional insured is added by this or any other endorsementattached to this Coverage Part, the section entitledWhoIs An Insuredis amendedto make the followingnaturalpersonsinsureds:
If the additionalinsuredis:
1. An individual,then his or her spouseis an insured;
2. A partnershipor joint venture,then its partners,membersand their spousesare insureds;
3. A limitedliabilitycompany,then its membersand managersare insureds;
4. An organizationother than a partnership, joint venture or limited liability company, then its executive officers, directorsand shareholdersare insureds;or
5. Any type of entity,then its employeesare insureds;
but only with respectto locationsand operationscoveredby the additionalinsuredendorsement'sprovisions,and only with respectto their respectiveroles within their organizations. Furthermore,employeesof additionalinsuredsare not insuredswith respectto liabilityarisingout of:
(1) "Bodily injury" or "personaland advertisinginjury" to any fellow employee or to any natural person listed in paragraphs1. through4. above;
SB146968C(Ed. 10-19) Page2 of 3
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SB146968C
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(2) "Propertydamage" to propertyowned,occupiedor used by their employeror by any fellow employee;or (3) Providingor failing to provideprofessionalhealthcare services.
F. The conditionentitledTransferof Rightsof RecoveryAgainstOthersto Us of the BUSINESSOWNERSCOMMON POLICYCONDITIONSis amendedto deletedparagraph2. and replaceit with the following:
2. We waive any right of recoverywe may have against any person or organizationwith whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organizationand includedwithin the "products-completedoperationshazard." All other termsand conditionsof the Policyremainunchanged.
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SB147052C
(Ed. 6-16)
CHANGES- NOTICEOF CANCELLATION
OR MATERIALCOVERAGECHANGE
This endorsementmodifiesinsuranceprovidedunderthe following:
BUSINESSOWNERSCOMMONPOLICYCONDITIONS
In theevent of cancellationor materialchangethat reducesor restrictsthe insuranceaffordedby this CoveragePart (other than the reduction of aggregate limits through payment of claims), we agree to mail written notice of cancellation or materialchangeat a minimumof thirty (30) days prior to such cancellationor materialchange,to:
SCHEDULE
Nameof DesignatedEntity:
Address/ContactInformationof DesignatedEntity:
*Informationrequiredto completethis Schedule,if not shownabove,will be shownin the Declarations.
The followingconditionsare added:
1. If the policy is cancelled or not renewed, we will give written notice of such cancellation or nonrenewal to the DesignatedEntity shown in the Scheduleabove, or in the Declarations,at a minimumof thirty (30) days prior to such cancellationor nonrenewal.Such noticemay be deliveredor sent by any meansof our choosing.The notice to the Designated Entity will state the effective date of cancellation or nonrenewal. However, such notice of cancellationor nonrenewalis solely for the purpose of informing the Designated Entity of the effective date of cancellationor nonrenewaland does not grant,alter, or extendany rights or obligationsunderthis policy.
2. If we cancel or elect not to renew the policy for any reason other than nonpayment of premium, we will give writtennoticeto theDesignatedEntityshownin the Scheduleabove,or in the Declarations,at a minimumof thirty (30) days prior to such cancellationor nonrenewal,at thesame time noticeis given to thefirst NamedInsured.
3. If we cancel or elect not to renew this policy for nonpayment of premium, we will give written notice to the DesignatedEntity shown in the Scheduleabove, or in the Declarations.Such notice may be provided before or after the effectivedate ofcancellationor nonrenewal.
4. Failureto give noticein accordancewith the termsof this endorsementdoes not:
a. Alter the effectivedate ofpolicy cancellation,nonrenewalor expiration; b. Rendersuch cancellationor nonrenewalineffective;
c. Grant,alter, or extendany rights or obligationsunderthis policy;or d. Extendthe insurancebeyondthe effectivedate ofcancellationor policy expiration,whichevercomesfirst.
All other termsand conditionsof thePolicyremainunchanged.
SB147052C(Ed. 6-16)
Page1 of 1
Copyright,CNA All Rights Reserved.
00020003920980531390079
NAMED INSURED: Architerra, Inc.
POLICY NUMBER: B2098053139
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April 8, 2024
PROPOSAL
ARCHITERRADESIGNGROUP.COM
Respectfully Presented by:
City of Murrieta
Development Services Department
1 Town Square
Murrieta, CA 92562
DIRECTED TO:
LANDSCAPE ARCHITECT SERVICES
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10221-A Trademark Street, Rancho Cucamonga, CA 91730 (909) 484-2800 Request for Proposals City of Murrieta Landscape Architect Services Table of Contents Company Overview 1 Team Resumes & Qualifications 3 Organizational Chart 7 Work Plan – Landscape and Irrigation Plan check Services 7 Quality Assurance Program 11 Professional Fees 13 Conflict of Interest Statement 14 References & Relevant Experience 14 Appendix • Examples of Work 168
City of Murrieta Request for Proposals: Landscape Architecture Services Plan Check & Review Page 1 Company Overview Architerra Design Group (ADG) is a design-driven, client service-oriented, fully insured professional landscape architectural and site-planning firm, licensed in California. Richard Krumwiede, a licensed Landscape Architect, established the firm in 1991 and has over 40-years of personal experience in the landscape design and construction industry. Mr. Krumwiede provides design oversight, and the office operates under the umbrella of his California License #2834. In our 33-years in business, ADG has developed a reputation for accurate plan review and site inspection services for municipalities throughout Southern California, beginning in 1998 for the City of Rancho Cucamonga. Currently, we are contracted to provide landscape plan check, and inspection consultation services to the following cities (since): San Dimas (2009), Wildomar (2016), Murrieta (2017), Baldwin Park (2019), Chino (2019), Menifee (2019), Moorpark (2021), Signal Hill (2021) and San Gabriel (2022). We provide each City with tailored peer review and plan conformance for their development standards and local landscape water use ordinances. Additionally, we were one of two firms recently contracted with the City of Hesperia to perform their plan check review services pertaining to their Tapestry Specific Plan. Our plan review methods have been refined and updated throughout the years to comply with the most up to date requirements of the strict California Model Water Efficient Landscape Ordinance, and we continue to employ and assist the City in the refinement of the City’s “Landscape Architectural Plan Check List” to ensure attentive, thorough and most of all accurate results and conformance with all with the “City of Murrieta’s Water Efficient Landscaping Ordinance” for consistency with the established City's Landscape Standards. We have been at the forefront of water efficient landscape design and planning and are no strangers to robust WELO compliance, having performed these tasks for multiple public agencies and private developers. As demonstrated in the services and scope outlined below, our expertise covers a broad range of complex landscape design and planning services with an ability to review and apply fire code requirements, stormwater regulations, and biology reports to our analysis and review, along with that ability understand and review and the application of the various requirements of State and Federally mandated acts including but not limited to the Federal and State Endangered Species Act, Clean Water Act, Porter-Cologne Act, and California Water Quality laws along with all applicable Land Use and Planning laws. Public Agency Services The list below briefly outlines the types of projects, and specialized services, provided by ADG to various Municipal Agencies. 1. Municipal contract plan-check services. 2. Site Inspections and Certifications for residential, commercial, and public projects. 3. Preparation of landscape architectural conceptual design, construction documents, and construction administration for the following types of projects:
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City of Murrieta Request for Proposals: Landscape Architecture Services Plan Check & Review Page 2 • Public Parks/Recreational Master Planning. • Streetscapes, Median Islands, and Entry Monuments. • Multi-Use Trails, Both Urban and Natural Open Space. • Municipal Buildings (Fire and Police Headquarters/Stations, Schools, Community Centers). • Natural Open-Space Preserve Planning. • Specific Plans and Design Guideline Preparation. • Urban Redevelopment Projects. • Work Force Housing Projects. • Community Gardens. • Natural Habitat Restoration. • Constructed Wetlands and Urban Runoff Detention/Retention Water Quality Basins. • Water Conservation and Rehabilitation Projects Focusing On “Green and Sustainable” Landscape Practices with Interpretive Educational Elements. 4. Irrigation Water Use Audits (in-house certified irrigation designer and auditor) as required to comply with AB 1881. 5. Both preliminary and final cost estimating services. 170
City of Murrieta Request for Proposals: Landscape Architecture Services Plan Check & Review Page 3 Team Resumes and Qualifications RESUMES As previously mentioned, our primary team will consist of Richard Krumwiede, Gregg Denson, Jennifer Lioy, Peter Dalman and Neil Mayes (resumes below). We have also included the resume of Kay Kite for water audits. We do not need to use sub-consultants to complete our services. Jennifer will be the City’s main point of contact for plan reviews and coordination. All representatives work at our office in Rancho Cucamonga, and can be reached by our main phone number, (909) 484-2800. President: Richard Krumwiede, ASLA, PLA #2834 Mr. Krumwiede is a hands-on principal, who participates throughout all phases of ADG projects. He conducts design development and administration on a wide range of projects including parks, community master plan design, public schools, model homes, multi-family, and streetscape projects. Mr. Krumwiede has delivered multiple presentations on water efficient landscaping at the ACWA (Association of California Water Agencies) conferences, as well as training various cities and home developers regarding the State’s Water Ordinance AB-1881. He was recently President of the Southern California Chapter of the American Society of Landscape Architects (ASLA). Honors and Awards include numerous city beautification awards, as well as commendations for Model Home and Master Planned Community Designs. In 2007, he was awarded an ASLA Honor Award for garden design and his home and gardens were featured in Sunset magazine’s July 2007 issue. His 40-years of experience includes designing all categories of landscape architectural projects including private and commercial projects, corporate campuses, district headquarters (water, fire, police), civic centers/city halls, public parks, master planned communities, specific plans, model homes, custom estates, college campuses and sports fields, K-12 schools, trails and open space. Mr. Krumwiede will provide plan check oversight and design evaluation when needed. He was born in Upland, California, and graduated from Cal Poly, Pomona with a Bachelor of Landscape Architecture in 1984. He is currently licensed as a landscape architect in California (#2834). Email: [email protected] 171
City of Murrieta Request for Proposals: Landscape Architecture Services Plan Check & Review Page 4 Director Of Design – Gregg Denson ASLA, PLA #4302 As Director of Design, Mr. Denson is responsible for overseeing all aspects of project design from inception to completion. His duties include participation in client contact, design development, and finalization of all formal design exhibits. Mr. Denson designs some of the firm’s most challenging projects. The talented team he heads up works on projects focusing on sustainable design for open space public gathering areas, retrofits of existing public facilities for resource conservation, specific plan developments for master planned communities, schools, mixed-use residential developments, trail planning, and open space preserve enhancement projects. He works with staff to prepare any graphic sketches and sections detailed in the scope of services. Mr. Denson has a Bachelor of Science in Landscape Architecture from California State Polytechnic University, Pomona, and provides more than 25 years of design experience to the firm. He is currently licensed as a landscape architect in California (#4302). He is also a native plant enthusiast who utilizes his own residence for studying the growth characteristics and water requirements of California native plants. Mr. Denson will provide the City with another layer of experience and expertise in any design issues that may need review, including aspects in preservation of character, the enhancement of commercial and industrial areas, community cohesiveness, elements of revitalization, development of quality spaces, and enhancement of open spaces. Email: [email protected] Municipal Plan Check Coordinator: Jennifer Lioy Ms. Lioy comes to ADG with nearly a decade’s worth of professional, high-level landscape design and construction experience. Her experience as Project Manager and Landscape Designer for a diverse portfolio of private residential and commercial projects has made her well suited to perform accurate plan review services. Raised in the Mojave Desert, Ms. Lioy has a lifelong love for environmentally sustainable landscape design. She received her bachelor’s in environmental studies at the University of California, Santa Barbara, and Landscape Architecture at University of California, Los Angeles. Jennifer’s most valuable skill is her ability to analyze and review landscape design plans to produce effective, balanced solutions. She is known for her reliability, confidence, and 172
City of Murrieta Request for Proposals: Landscape Architecture Services Plan Check & Review Page 5 warm, positive outlook. Her licensure is pending final exams where she has so far passed three of the four on the first attempt. She provides all the plan check services and coordination for our list of municipal clients, as well as participates in design review committees, development of landscape design guidelines and standards, and coordinates all site inspections. Email: [email protected] Project Manager: Peter Dalman, PLA #5488 Mr. Dalman will provide plan checking and management coverage for when Jennifer may be out of the office. Mr. Dalman joined ADG in 2018, after nearly 20 years of professional experience providing landscape design and construction management at some of the finest landscape architecture firms in Southern California, including Disneyland Studios. His portfolio includes a wide variety of municipal, public agency and private development projects. He earned a Bachelor of Science in Landscape Architecture with a minor in ornamental horticulture from California State Polytechnic University Pomona. He is a registered landscape architect in the State of California. His duties include all facets of project management for a diverse portfolio of clients. He has been a project manager for public agency and commercial campus design; private and public schools and universities; public parks, streetscapes; master planned residential communities, model homes, and multi-family housing. Mr. Dalman was also our project manager for the landscape maintenance district renovations for the City of Rancho Cucamonga. For this project the City had identified the need to reduce water use, and maintenance costs, of LMD maintained landscape areas #2 & #4 (approximately 4.5 miles). ADG was hired by the City to prepare conceptual planting, irrigation and hardscape design retrofit strategies to update these areas to current City landscape and LMD guidelines. Our focus was on identifying “typical” non-complying planting areas such as medians and parkways, within the LMD Districts, and developing retrofit plans that could be applied District wide in the LMD. Email: [email protected] 173
City of Murrieta Request for Proposals: Landscape Architecture Services Plan Check & Review Page 6 Site Inspector: Neil Mayes, C27 #1010625 Mr. Mayes provides comprehensive site inspection and review services for ADG. He graduated from Cal Poly, Pomona with a Bachelor of Landscape Architecture and is a licensed landscape contractor in the State of California. He arrives at ADG with over 15 years of landscape design and construction experience. Most recently he was the owner and licensed contractor of record for Bella Earth Designs, his own design/build business providing construction services to a wide variety of public and private developers. For the past 2-years with ADG, Mr. Mayes has been providing landscape inspections for the cities of Murrieta, Menifee, Wildomar, and San Gabriel. Email: [email protected] Project Manager – Kay Kite PLA #6760 MLA, ASLA, ASIC, CID, CLIA Ms. Kite comes to ADG with over twenty-five years’ experience as a senior Landscape Architect. Her practice includes site design, campus and urban planning, planting design, and project management. She specializes in water conservation, native plant palettes, and efficient irrigation designs. Her experience includes designing small private residences, university campuses, along with commercial and industrial projects. She has worked directly with contractors and maintenance personnel both pre and post construction to provide site inspections and to assist and refine designs for longevity and practicality while maintaining the desired aesthetic. She received her Master Landscape Architecture (MLA) from Cal Poly Pomona. She is a registered landscape architect with the State of California and a Certified Irrigation Designer (CID) and a Certified Landscape Irrigation Auditor (CLIA). Ms. Kite can assist the city with water audits, and an added layer of peer review on submitted plans, when needed. Email: [email protected] 174
City of Murrieta Request for Proposals: Landscape Architecture Services Plan Check & Review Page 7 Work Plan – Landscape and Irrigation Plan Check Services TYPICAL APPROACH AND METHODOLOGY FOR PROVIDING SERVICES We offer the following “Typical Approach” as a model of the scope of services that we will use for undertaking and performing plan check reviews as part of the City’s development review, and construction plan check processes. It includes expected duties and responsibilities as required by the City, as well as other anticipated tasks to complete the work. Our primary team will consist of Richard Krumwiede (PLA#2834) as the licensed landscape architect of record and principal in charge, overseeing project administration, contracts, and staffing. In addition to Mr. Krumwiede, the City will have the availability of our Director of Design, Gregg Denson, for any input on design reviews to related to accomplishing the listed goals in the RFP. Municipal Plan Check Coordinator Jennifer Lioy will be the plan check manager and the main point of contact for the City along with providing regular and timely progress reports for all plan review services. 175
City of Murrieta Request for Proposals: Landscape Architecture Services Plan Check & Review Page 8 Our project manager, licensed landscape architect Peter Dalman, will provide backup for Jennifer for instances when she is out of the office, providing the City with continuous availability and managerial coordination. Our in-house site inspector, licensed landscape contractor Neil Mayes (C27 #1010625), will provide inspection services for the City. Mr. Mayes is experienced with the requirements and implementation of various Municipal Landscape Ordinances and is well versed in water-wise and drought tolerant landscape irrigation design. We currently provide landscape inspections for the cities of Wildomar, Murrieta and Menifee. Mr. Mayes will advocate the City’s position and conduct field inspections to review conformance with installation per the approved plans. Communication method and turnaround time frames for landscape and irrigation plan check services: We will provide the City, within 2-business days (48-hours) of receiving the transmittal and review documents, a return notice of receipt and projected completion date for standard services. ADG shall complete initial standard plan checks within 10 calendar days, and 10 days for each subsequent submittal. Should any reasonable cause or condition result in delay of the return review, ADG shall give written notice to the City within 5-business days after initial receipt to request an extension of time to complete services, if needed. Our reviews will include sufficient detail with our customized plan checklist/matrix, as well as comments and narrative regarding revisions, recommendations, and conditionals of approval. We will use the City’s landscape architectural checklist for plan checks. Detailed steps are outlined below in our Scope of Services, which include the City’s outlined scope as well as additional items from our experience. For online capability for electronic plan reviews, we will utilize Blue Beam software, and are open to using additional methods if preferred by the City such as Energov and similar at direction of Planning Staff. We will also utilize the City’s available GIS interactive mapping to gather site specific data and requirements to inform our reviews. Communication method and turnaround time frames for landscape site inspection services: All communications from the City shall be directed to both the Municipal Plan Check Coordinator/Reviewer and the Site Inspector at ADG. Within 2-business days (48 hours) of the inspection request, receipt of the approved landscape plans and a fully executed Certificate of Completion (including all required attachments) from the City, ADG will contact the applicant to schedule the inspection. Prior to inspection, ADG shall print one (1) copy of the approved plan set and review the plan set to become familiar with the approved landscape and irrigation scope, as well as prepare the inspection report form for the inspection. ADG shall travel to the site and conduct field inspections within 3-business days (72 hours) of the inspection request, whenever possible. After each inspection, ADG will write-up and provide the City with an “Inspection Report”, indicating items of correction or whether the landscape and irrigation installation was in substantial compliance with the approved plans. If not in compliance, the applicant will need to contact ADG to schedule a re-inspection when all correction comments from the report have been addressed. Reports shall be e-mailed in PDF format to the City within 2-business days (24 hours) of inspection. 176
City of Murrieta Request for Proposals: Landscape Architecture Services Plan Check & Review Page 9 The Municipal Plan Check Coordinator (Jennifer Lioy) shall be the primary contact for the initial inspection request and review of the documents received from City. The Coordinator is tasked with ensuring ADG has all information required before an initial inspection can be scheduled. The Site Inspector shall be responsible for delivering the completed “Inspection Report” to the City and notifying the City of compliance or non-compliance with the approved plan set and document any direct communications with the applicant on required corrections and re-inspections. “Typical” Scope of Services – Landscape & Irrigation Plan Check Review and Site Inspection Services A. Plan Check Review 1. Receive two printed copies, or digital files, of the submitted Landscape Plans, and reference plans, from City staff. 2. Receive, track, review, and comment on landscape/irrigation design plans in a comprehensive and organized format, utilizing a checklist approved by the City, in accordance with the Water Efficient Landscaping Guidelines. All documents provided by ADG shall be in digital format for returning to the City. 3. Evaluate landscape and irrigation plans for conformance with the goals and policies of the City’s General Plan, Zoning Codes, Specific Plans, Objective Design Standards, and applicable Design Guidelines. 4. Review of civil engineer grading plans, as needed, to ensure consistency with landscape plans. 5. Attend virtual or in-person meetings with the City, property owners and applicants to provide comments, recommendations, conditions of approval, and alternative design illustrations. (as requested). 6. Provide comments, revisions, recommendations, conditions of approval, and alternative design illustrations for project submittals. (an example of an alternative design solution may be a simple sketch to convey an idea of how to improve the design) 7. Review plans in a timely manner and in conformance with applicable City, County and State requirements. 8. Review plans for conformance with municipal code requirements, the City’s Water Efficient Landscaping Ordinance, WELO, and Fuel Modification plans. 9. Receive all necessary reference material from City staff related to the landscape improvements, such as street improvement plans, grading plans, utility plans, biological reports, fire protection plans, stormwater, etc. Provide open communication with the Planning Division. 10. Review plan base information against provided reference material. 11. Review submitted landscape plans for completeness against the project’s conditions of approval. 177
City of Murrieta Request for Proposals: Landscape Architecture Services Plan Check & Review Page 10 12. Review and check calculations, testing results, assertions, and other technical portions of reports. 13. Verify that maintenance responsibility is included/indicated on the plans. (ADG is not responsible for maintenance of the project) 14. Advocate the City’s position in meetings with developers and/or other consultants. 15. Perform a variety of cost estimates, small studies, general project management activities, and provide general support to City staff. 16. Provide and coordinate redlined comments with City staff and related departments. 17. Return one digital copy of the submitted Landscape Plans to City staff for distribution to the submitting landscape architect. 18. Coordinate with City staff as needed for due diligence, ensuring plan check reviews completed are aligned with the City’s vision and any special project-specific circumstances. Maintain availability to coordinate with City staff during business hours. 19. Review of the City’s advanced planning projects, including development of residential design guideline and objective design standards, as needed. 20. Attend Design Review Committee (DRC), Planning Commission, City Council, and other City meetings, as requested. (virtual meetings preferred) 21. Create and maintain a system for tracking the review status for project applications and plan checks and provide Planning Division staff with access to tracking system. (example could be through a sharable document such as Google Docs, or the like) 22. Efficiently provide phone and/or meeting consultation to submitting landscape architect (consultant) regarding the prepared redline comments as needed to clarify comments and resolve issues. B. Site Inspections 1. Assist Planning Division staff with providing technical support at preconstruction meetings, as needed. 2. Assist Planning Division staff with assessing project conformance with approved landscape and irrigation plans. Travel to sites, conduct field inspections, and assist staff as needed to perform inspections of completed development projects and infill properties. 3. Conduct interim inspections as needed during the landscape construction process to ensure installation of irrigation and landscaping complies with the approved construction plans, project conditions of approval, applicable Specific Plan requirements, and the City’s Water Efficient Landscape Guidelines. 178
City of Murrieta Request for Proposals: Landscape Architecture Services Plan Check & Review Page 11 4. Confer/coordinate with the project landscape architect, contractor, etc., in the field and office as needed to provide direction/clarification on correction issues as needed. 5. Verify that landscape and irrigation audits are conducted by the developer’s third- party consultant, as required by the City’s Water Efficient Landscape Guidelines. Quality Assurance Program Timeliness/Work Schedule It is understood that time is of the essence. ADG will provide services within the number of calendar days as authorized at the time of the project assignment, after the commencement date specified in the notice to proceed. A project schedule is typically completed by our team utilizing the “Fast Track” scheduling platform, detailing each projects phases and tasks for Client review and approval prior to the start of work. ADG’s projects are consistently completed on time, due to our Principals active involvement during the progression of our projects through weekly project management meetings and proactive staff scheduling. Our staff meets twice weekly to discuss project status and staff scheduling. This proactive approach includes scheduled meetings every Thursday with project managers to allocate our staff resources for the following week. A second higher-level management meeting, which includes our President, Directors, and Project Managers, occurs first thing every Monday morning, followed immediately by a meeting of all staff members to again review deadlines and expectations for the upcoming week. Our approach ensures proven and consistent results, a focused design team, and projects delivered correctly and on time. Value Engineering For design projects, an important element in our firm’s success is our ability to meet the Client’s construction budgets. Prior to the start of the design process, we thoroughly discuss the Client’s anticipated improvement cost for each phase of development. Based on this initial feedback, value-engineering studies are conducted to determine the actual improvements possible to maintain the budgetary constraints. ADG then carefully coordinates all phases of design development with the approved construction budget. This creates projects that are consistently constructed at or below the original estimate of projected cost. Cost Estimating Process In support of our Value Engineering process, ADG prepares “Statements of Probable Construction Costs” as required by the project’s scope of services. The “Statements of Probable Construction Costs” are prepared using Microsoft Office Excel spreadsheets, which have been developed by our office over the last twenty-five years to accurately estimate our project’s costs. The office “master” is updated annually using bid data from 179
City of Murrieta Request for Proposals: Landscape Architecture Services Plan Check & Review Page 12 our clients, contractor surveys, and material cost multipliers. “Statements of Probable Construction Costs” are generally prepared during the Schematic Design, Design Development, and Construction Document Phases for in-house and client review, and input. Quality Standards Unlike larger firms, our modest size gives our clients the advantage of working with an experienced principal from project start to finish, which increases the level of service and product quality throughout all phases of project development. Our office has developed project design standards, construction document standards, and cost estimating programs, which enable us to provide drawings and projects to our client’s, which are consistently higher than the “professional standard of care”. Additionally, all projects are reviewed in-house for errors and corrections prior to Client and/or Agency submittals. Communication with our Clients, regarding their project’s progress, is also a part of our quality assurance program. Clients are updated bi-weekly through written “Project Status Reports” prepared by the project manager. 90% of all our business is either repeat business from established Clients or referrals from our Clients and Public Agencies. This is a direct result of our office’s high standards for design, construction documents, and client service. 180
City of Murrieta Request for Proposals: Landscape Architecture Services Plan Check & Review Page 13 Professional Fees FEE SCHEDULE – PLAN CHECKING We propose to provide Plan Checking services, as directed by the City. Our hourly rates listed below would apply to plan check billing on an hourly basis. Rates with escalation for inflation are outlined below. Rates for the first fiscal year 2024/2025 Plan Check & Site Inspection Services Standard Rate: $125.00/hour Expedited/Overtime Rate: $187.50/hour Rates for the second and third fiscal years 2025/2026 & 2026/2027 Plan Check & Site Inspection Services Standard Rate: $135.00/hour Expedited/Overtime Rate: $202.50/hour Reimbursable Expenses The following costs shall be reimbursed at cost, and are not included in the Basic Fee for Services: • Expense of reproductions for generation of original drawings, plan check submittals and construction bidding, including printing, plotting, Xerox copying, photo reproductions. • All automobile mileage shall be paid at the standard rate for business automobile use as set forth by the Internal Revenue Service. • Cost of postage and shipping expenses other than first class mail. • Agronomic Soil Testing. • Photographic services, film and processing. • Cost of models, special rendered exhibits, promotional photography, special process printing, special equipment, special printed reports or publications maps and documents approved in advance by Client. • Agency Processing and fees paid for securing approval of agencies having jurisdiction over the Project. (Plan check fees, variance applications, etc.). • Fees for additional special consultants retained with the approval of Client. 181
City of Murrieta Request for Proposals: Landscape Architecture Services Plan Check & Review Page 14 Conflict of Interest Statement Architerra Design Group (ADG) agrees and represents that it is not aware of any conflicts of interests or additional relationships that would preclude ADG from performing the services as outlined in the RFP City of Murrieta Landscape Architect Services Landscape Architectural Review / Plan Check Services. If any conflicts of interest should arise in the future ADG will provide written notice in a timely manner to the City and will take appropriate action to determine a proper course of action to the satisfaction City requirements as set forth in the RFP. Currently, ADG is contracted as an on-call consultant with the City of Murrieta. References & Relevant Experience The following is a sample list of recent projects that highlight our unique experience and qualifications as landscape architect for plan check process design, plan review specialists and design consultation services. Examples of Work are included in the Appendix. In addition to plan check and review services performed by ADG, we have also created procedures, and provided training for several organizations on water wise projects, and plan check methodologies. MUNICIPAL PLAN CHECK REFERENCES 1. City of Wildomar, (2016-current) Matthew Bassi, Director of Planning, 951-677-7751 x213, 23873 Clinton Keith Road, Suite 201, Wildomar, CA 92595. Email: [email protected] • Landscape and Irrigation Design Plan Checking • Field Inspections and Reports • Preparation of Landscape Architectural City Design Guidelines 2. City of San Gabriel, (2022-current) Samantha Tewasart, Planning Manager, (626) 308-2806 ext. 4623, 425 South Mission Drive, San Gabriel, CA 91776. Email: [email protected] • Landscape and Irrigation Design Plan Checking • Field Inspections and Reports 3. City of Menifee, (2019-current) Cheryl Kitzerow, Community Development Director, City of Menifee (951) 723-3706, 29844 Haun Road, Menifee, CA 92586. Email: [email protected] • Landscape and Irrigation Design Plan Checking • Field Inspections and Reports 4. City of Chino, (2019-current) Warren Morelion, City Planner, City of Chino (909) 334-3332, 13220 Central Avenue, Chino, CA 91710. Email: [email protected] 182
City of Murrieta Request for Proposals: Landscape Architecture Services Plan Check & Review Page 15 • Landscape and Irrigation Design Plan Checking 5. City of Baldwin Park, (2019-current) Melissa Chipres, Associate Planner, City of Baldwin Park (626) 960-4011 ext. 452, 14403 Pacific Avenue, Baldwin Park, CA 91706. Email: [email protected] • Landscape and Irrigation Design Plan Checking WATER WISE PROJECTS AND SERVICES Water Efficient Landscape and Irrigation Design Guidelines, City of Wildomar Prepared a comprehensive Water Efficient Landscape and Irrigation Design Guideline/Document that both Staff and the General Public could use as a practical guide for both preparation and review of landscape plans and reviewing them. ADG provided a comprehensive Water Efficient Landscape and Irrigation Design Guideline/Document that formed a backbone of all landscape and irrigation plan submittals, by providing illustrations/graphics and text descriptions demonstrating acceptable landscape and irrigation design. Website Link to the Landscape Design Guidelines created by ADG: https://www.cityofwildomar.org/DocumentCenter/View/390/Wildomar-Landscape-Design-Standards-PDF Contact: Matt Bassi, Directory of Planning, City of Wildomar, 23873 Clinton Keith Road, Suite 201, Wildomar, CA 92595 (951) 677-7751 ext. 213. Water Efficient Landscape and Irrigation Design Guidelines, City of Riverside Prepared a comprehensive Water Efficient Landscape and Irrigation Design Guideline/Document that both Staff and the General Public could use as a practical guide for both preparation and review of landscape plans and reviewing them. ADG provided a comprehensive Water Efficient Landscape and Irrigation Design Guideline/Document that formed a backbone of all landscape and irrigation plan submittals, by providing illustrations/graphics and text descriptions demonstrating acceptable landscape and irrigation design. Updating the existing Administrative Landscape & Irrigation Plan Review Checklist to be reflective of the new Water Efficient Landscape and Irrigation Design Guideline/Document. We also provided a formal training program for Staff, which outlined the basic principles, and key components of good water efficient landscape architectural design and provided Staff with the knowledge needed to conduct landscape plan checks. Website Link to the Landscape Design Guidelines created by ADG: https://riversideca.gov/cedd/sites/riversideca.gov.cedd/files/pdf/planning/Citywide_Design_and_Sign_Guidelines_web%20version_Amended%2001-15-19_1.pdf Contact: Doug Darnell, Community Development Senior Planner, City of Riverside, 3900 Main Street, Third Floor, Riverside, CA, 92522 (951) 826-5219. 183
City of Murrieta Request for Proposals: Landscape Architecture Services Plan Check & Review Page 16 PUBLIC/COMMERCIAL BUILDINGS • Rancho Cucamonga City Hall • Beaumont City Hall • Claremont City Hall • Duarte City Hall • La Habra City Hall • Arrowhead Regional Medical Center, Colton • Inland Empire Health Plan (IEHP), Rancho Cucamonga Campus • Kaiser Regional Medical Center, Baldwin Park • Nitrate Treatment Plant, Rancho Cucamonga (CVWD) RETAIL/COMMERCIAL • Starbucks (20 locations) • Panda Express (6 locations) • Norms Restaurant, Claremont • Colonies Crossroads Food Court, Upland NEW PARK PROJECTS & RECREATIONAL FACILITIES • Civic Center Amphitheater and Park, The City of Moreno Valley • The Desi (Arnaz) House Park, Eastvale (Jurupa Community Services District) • Vila Borba Park, The City of Chino Hills • Yucaipa Performing Arts Center, The City of Yucaipa PARK RENOVATION PROJECTS • Hamilton Park Renovation/Redesign, The City of Pomona • Memorial Park, The City of Upland • Villegas Park, The City of Riverside • Hillbrook Park, The City of Signal Hill STREETSCAPES • Highland Springs Avenue and Wilson Street Medians, Banning (Tri Pointe Homes) • Tierra Rejada Streetscape Master Plan, The City of Moorpark 184
City of Murrieta Request for Proposals: Landscape Architecture Services Plan Check & Review Page 17 • Spring Road and Championship Drive, The City of Moorpark • Chino Hills Turf Replacement, The City of Chino Hills • Medians, Welcome Signs, City Hall & The Veteran’s Memorial, The City of Compton • Duarte Median Turf Replacement, The City of Duarte • SR-91 Corridor Improvement Project Right-of Way, Corona HOME DEVELOPER CLIENTS • Tri Pointe Homes • Lennar • Trumark Homes • Diversified Pacific • Lewis Management Corp. • Brookfield • Forestar MASTER PLANS • Our firm has designed numerous city master plans throughout Southern California, including the Park Place Master Plan for the City of Ontario, and the Retreat Master Plan in Riverside County to name a few. Our master plan design experience showcases that we take a big picture approach when reviewing the submitted plans. With our experience and discernment, we can evaluate how the improvements may benefit the City of Murrieta while adhering to the City’s Landscape Use & Design. Guidelines. END 185
Appendix
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ARCHITERRA
DESIGN GROUP
• Seatwall with Focal Element
• Drought Tolerant Planting
• Pots with Flowering Accents
• Lighting and Bollards
• Bicycle parking racks.
• Restaurant Sign Enhancement
• Bioswale for Runoff Collection
• Enhanced Concrete Paving
• Walls with Matching Veneer
• GreenScreen
Norms Restaurant
Bitton Design Group | Claremont, CA
Landscape and Hardscape Design Features:
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ARCHITERRA
DESIGN GROUP
• Beverly Triangle
• Camarillo
• Downey
• El Monte
• Hawthorne
• Inglewood
• Lemon Grove
• Los Angeles
• Miramar MCAS
• Montecito
• North Hollywood
• Norwalk
Starbucks Drive-Thru
Architects Orange | Ontario, CA
Other Starbucks Project Locations:
• Palm Desert
• Paramount
• Santa Monica
• Stockton
• South El Monte
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ARCHITERRA
DESIGN GROUP
IEHP
Comprehensive Campus Landscape Design
The IEHP (inland Empire Health Plan) Campus covers approximately 51 acres in Rancho Cucamonga CA. The site has two large office buildings with landscaped parking areas and a central landscaped core sitting between the buildings. IEHP now owns both buildings and desired to create a unified campus that emphasizes the ideas of health, well-being, personal and social communication and the ability to disconnect from the traditional office environment. Architerra’s role was to renovate the central 5-acre core space and create a dynamic, sinuous landscape. 189
ARCHITERRA
DESIGN GROUP
ADG teamed up with HMC Architects to design and build the new serenity rooftop garden at Kaiser Permanente in Baldwin Park. Kaiser is recognized as one of America’s leading health care providers. The outdoor garden offers a quiet space for recreation and reflection, benefitting patients and visitors alike. We are honored to team with world class partners to create fundamental and inspiring spaces.
Kaiser Permanente Baldwin Park
Rooftop Serenity Garden | HMC Architects
Landscape and Hardscape Design Features:
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ARCHITERRA
DESIGN GROUP
Civic Center Amphitheater Park
Moreno Valley, CA
8-acre Civic Center Municipal Amphitheater. Conceptual designs for the outdoor amphitheater include a fully operational public performance stage, terraced seating for 500-600 audience, and an informal sloped lawn area for potential overflow seating.
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Creativity. Service. Environment.
ARCHITERRADESIGNGROUP.COM
10221-A TRADEMARK STREET RANCHO CUCAMONGA CA 91730 | PHONE (909)484-2800 FAX (909)484-2802 CA #2834, AZ #29115, NV #446, OR#841, NM, #538
S INC E 1991
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AGREEMENT BETWEEN THE CITY OF MURRIETA
AND
Van Dyke Landscape Architects, INC. (DBA VDLA)
This Agreement (“Agreement”), made this 18th day of June, 2024, 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 VAN DYKE LANDSCAPE ARCHITECTS, INC. (DBA VDLA) a California Corporation ("CONSULTANT") 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 consultant agreements under the provisions of California Government Code section 53060.
C. CITY desires or is in need of Landscape Architecture services on an on-call basis.
D. CITY and CONSULTANT are desirous of paying the consultant up to $100,000.00 for tasks related to the scope of services for landscape architecture review.
E. CONSULTANT has special knowledge, experience and facilities for accomplishing the above design or engineering services.
F. CITY now desires to retain CONSULTANT to accomplish the above design or engineering services, and CONSULTANT 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 CONSULTANT
1.1 CONSULTANT 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, incons istent 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 CONSULTANT 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 CONSULTANT acknowledges that no level of work is guaranteed. Assignments will be determined on an as -needed basis for which purchase orders will be issued based on 193
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services required and CONSULTANT’s fee schedule (refer to Exhibit “B”), which is attached to and made a part of this Agreement.
1.3 Representations. CONSULTANT 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 e ntering into this Agreement, is relying on CONSULTANT’s representations for quality and professional work performed in a timely manner, and CONSULTANT shall perform in accordance with those representations and standards.
1.4 Monthly Written Reports. The Project Manager of CONSULTANT shall prepare and submit to the Assistant City Manager a monthly written report specifying the activities of CONSULTANT pursuant to this Agreement. CONSULTANT shall prepare the monthly written report in a format acceptable to the CITY. CONSULTANT 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 /her designee, to administer CITY’s rights under this Agreement, and to review the work performed by CONSULTANT pursuant to the scope of services.
2.2 CONSULTANT shall keep the City Manager, CITY’s representative, or his /her 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 any notice desired or required to be sent to a party hereunder shall be addressed, as follows:
For CITY: Kim Summers, City Manager
Address: City of Murrieta
1 Town Square
Murrieta, CA 92562
Phone: (951) 461-6010
Facsimile: (951) 461-6430
For CONSULTANT: Yale Hooper, Principal, CID, CLIA, RWSS CONSULTANT: Van Dyke Landscape Architects, Inc. (VDLA)
Address: 462 Stevens Avenue, Suite 107
Solana Beach, CA 92075
Phone: (619) 294-8484 x 20
Facsimile: (619) 574-0626
3. TERM
3.1 The services called for under this Agreement shall be provided by CONSULTANT during the period commencing upon execution of this Agreement and shall continue through June 30, 2027. This Agreement may renew for up to three (3) additional one (1) year terms based on satisfactory performance of the services called for in the Agreement, at the discretion of the City Manager with at least thirty (30) days written notice prior to the expiration of the initial term or any subsequent annual renewal.
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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 CONSULTANT
4.1 Consideration. In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT for hours worked at the hourly rates specified in the CONSULTANT’S rate and fee schedule in Exhibit “B”. The specified hourly rates include direct salary costs, employee benefits, overhead, and fee.
The CITY also agrees to pay CONSULTANT for incurred direct costs other than salary costs, and other costs that are identified in Exhibit “A”. CONSULTANT acknowledges that additional consultant(s) may provide the services called for by the Agreement, that no one consultant is guaranteed any particular amount of work, and that the total compensation for all services provided by the consultant(s) c ombined shall not exceed $100,000 per fiscal year. The total amount payable by the CITY shall not exceed the amount designated on individual purchase orders issued pursuant to this Agreement and the sum not to exceed ONE HUNDRED THOUSAND DOLLARS ($100,000) over the entire term of the Agreement. Each purchase order will require a scope of services, expected results, project deliverables, period of performance, and project schedule. CONSULTANT shall accept such sums as full compensation for the services listed on each individual purchase order.
4.2 Additional Services. If CITY desires any additional services (“Additional Services”), CONSULTANT 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 modify or alter 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, altered or rejected. Upon the written approval of any Additional Services including costs by CONSULTANT and CITY, CONSULTANT shall perform the Additional Services and CITY will pay to CONSULTANT the cost of the Additional Services as agreed in writing. All money due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said cla ims, and certified by proper officers of CONSULTANT.
4.3 Payments. CONSULTANT shall submit monthly invoices to the CITY for CONSULTANT’s services rendered, in accordance with the schedule of tasks and charges attached as Exhibit “B”, not to exceed the amount of the City issued purchase order. Payment of CONSULTANT’s fee shall be made in accordance with CITY’s normal schedule for issuance of checks. CONSULTANT agrees and acknowledges that it is CONSULTANT’s sole responsibility to report as income all compensation received from CITY, and to make the requisit e tax filings and payments to the appropriate federal, state and local tax authorities.
5. STATUS OF CONSULTANT
5.1 Independent Contractor. It is understood and agreed that CITY is interested only in the results obtained from service hereunder and that CONSULTANT shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. CONSULTANT shall complete this Agreement according to its own methods of work which shall be in the exclusive charge and control of CONSULTANT and which shall not be subject to control or supervision by the CITY, except as to the results of the work. CONSULTANT is, for all purposes arising out of this Agreement, an independent contractor, and neither CONSULTANT, nor its employees, agents, or representatives shall be 195
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deemed an employee of the CITY for any purpose.
5.2 Employee Benefits. CONSULTANT 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 CONSULTANT 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 . CONSULTANT agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participating in the activities hereunder, as provided in Section
6.1.2 of this Agreement.
5.4 Prevailing Wages. Pursuant to 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
CONSULTANT shall not begin the services under this Agreement until it has: (a) obtained, and upon the CITY's request, provided to the CITY, insurance certificates reflecting evidence of all insurance required in this Section 6; however, CITY reserves the right to request, and CONSULTANT shall submit, copies of any policy upon reasonable request by CITY; (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, CONSULTANT shall maintain insurance coverage as follows:
6.1.1 Commercial General Liability. Commercial General Liability (CGL) Insurance written on an occurrence basis to protect CONSULTANT 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.
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6.1.2 Workers' Compensation. For all of CONSULTANT’s employees who are subject to this Agreement and to the extent required by applicable state or federal law, CONSULTANT shall keep in full force and effect a Workers' Compensation policy. That policy shall provide employers' liabilit y coverage as required by applicable state and/or federal Workers’ Compensation laws, and CONSULTANT 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 CONSULTANT participating under this Agreement, CONSULTANT agrees to defend and indemnify the CITY from such claim.
6.1.3 Professional Liability. For all of CONSULTANT’s employees who are subject to this Agreement, CONSULTANT shall keep in full force and effect Professional Liability coverage for professional liability with a limit of Two Million Dollars ($2,000,000) per claim and Four Million Dollars ($4,000,000) annual aggregate. CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of services under this Agreement; and (2) the policy will be maintained in force for a period of four years afte r termination of this Agreement or substantial completion of services under this Agreement, whichever occurs last. CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss.
6.1.4 Automobile Liability. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONSULTANT owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above.
If CONSULTANT or CONSULTANT’s employees will use personal autos in any way on this project, CONSULTANT shall obtain evidence of personal auto liability coverage for each such person.
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 policy shall be the responsibility of CONSULTANT 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 submitted 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 insured under the policy.
6.5 Indemnity Not Limited by Insurance. CONSULTANT’s liabilities, including, but not limited to, CONSULTANT’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 CONSULTANT’s failure to 197
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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.
7. AUDIT AND INSPECTION OF RECORDS
At any time during CONSULTANT’s normal business hours and as often as CITY may deem necessary, and upon reasonable notice, CONSULTANT 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. CONSULTANT will permit CITY to audit and to make audits of all invoices, materials, payrolls, records of personnel and other data r elated to all matters covered by this Agreement.
All material referenced in this Section, including all pertinent cost accounting, financial records, and proprietary data, must be kept and maintained by CONSULTANT for a period of at least four (4) years, or for the period required by law, whichever is greater, after completion of CONSULTANT’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 CONSULTANT respecting matters covered by this Agreement shall not be published without prior written consent of City Manager or his designees, nor shall CONSULTANT issue any news releases or publish information relating to its services hereunder without the prior written consent of the City Manager. CONSULTANT 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 CONSULTANT shall advise CITY of any and all materials used, or recommended for use, by CONSULTANT to achieve the project goals that are subject to any copyright restrictions or requirements. In the event CONSULTANT shall fail to so advise CITY and, as a result of the use of any programs or materials developed by CONSULTANT under this Agreement, CITY should be found in violation of any copyright restrictions or requirements, CONSULTANT agrees to indemnify and hold harmless CITY against any action or claim brought by the copyright holder.
8.3 Ownership of Records. All records created by the CONSULTANT 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, documents, papers and records of the CONSULTANT involving transactions and work related to this Agreement. The CONSULTANT shall retain all copies of records for a period of five (5) years from the date of final payment.
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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 addre ssed to the party to whom the notice is directed, or (c) via facsimile transmission (with proof of confirmation by sender). Service 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 addres ses 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 CONSULTANT, (b) CONSULTANT, through any cause, failing to fulfill in a timely and proper manner its obligations under this Agreement, (c) any act by CONSULTANT exposing CITY to liability to others for personal injury or property damage, or (d) if CONSULTANT is adjudged bankrupt, CONS ULTANT makes a general assignment for the benefit of creditors, or a receiver is appointed on account of CONSULTANT’s insolvency.
Written notice by CITY of termination for cause shall contain the reasons for such intention to terminate and shall specify t he effective date thereof. Unless prior to the effective date of the termination for cause the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall cease and terminate on the effective d ate specified in the written notice by CITY.
10.2 In the event of such termination, CONSULTANT 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 determin ed by CITY, not to exceed the amount payable herein, and CONSULTANT 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 CONSULTANT 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, CONSULTANT shall be entitled to receive compensation for any satisfactory work completed up to the receipt by CONSULTANT of notice of termination, less any payments theretofore made and not t o 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.
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12. PERFORMANCE AFTER TERMINATION
Upon termination of this Agreement as provided herein, CONSULTANT 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 City Manager determines are necessary to be completed by CONSULTANT 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 CONSULTANT shall be delivered to the City Manager, upon his request, as property of CITY.
13. DEFENSE AND INDEMNIFICATION
13.1 Indemnity for Professional Liability . Except for the sole negligence or willful misconduct of CITY, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council and each member thereof, its officers, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent , reckless or wrongful acts, errors or omissions of CONSULTANT in the performance of the professional services under this Agreement and those of CONSULTANT's sub-consultants or anyone for whom CONSULTANT is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder.
13.2 Indemnity for Other than Professional Liability . With respect to operations other than the performance of the professional services under this Agreement, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) 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 c osts 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 of CONSULTANT, its officers, employees, representatives, subcontractors, or agents under this Agreement regardless of whether or not such claim, loss or liability is caused, in part by a party indemnified hereunder. CONSULTANT shall have no obligation, however, to defend or indemnify CITY if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of CITY.
13.3 General Indemnity Provisions. This indemnity is in addition 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 CONSULTANT under this Agreement for the purpose of resolving such claims; provided however, that CITY may release such funds if CONSULTANT 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.
CONSULTANT agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the performance of services under this Agreement by CONSULTANT, its officers, agents, representatives, employees, sub -consultants, or anyone for who m CONSULTANT is liable and that an adjudication of CONSULTANT's liability is not a condition precedent to CONSULTANT's duty to defend.
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14. CONFLICT OF INTEREST
CONSULTANT 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.
14.1 Prior to execution of this Agreement, CONSULTANT shall disclose in writing to CITY any and all compensation, actual or potential, which CONSULTANT may receive in any form from a party other than CITY as a result of performance of this Agreement by CONSULTANT.
If CONSULTANT becomes aware of the potential for such compensation subsequent to the execution of this Agreement, CONSULTANT shall disclose such compensation within three (3) working days of becoming aware of the potential for such compensation.
14.2 Prior to or concurrent with making any recommendation of any products or service for purchase by the CITY, CONSULTANT shall disclose any financial interest that CONSULTANT 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.
14.3 CONSULTANT shall not conduct business for third parties which may be in conflict with CONSULTANT’s responsibilities under this Agreement. CONSULTANT may not solicit any business during the term of this Agreement which conflicts with its responsibilities under this Agreement. CONSULTANT shall provide no services for any private client within the corporate boundaries or sphere of influence of CITY during 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 subconsultants specifically included in the attached “Scope of Services”) by CONSULTANT without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assignment or novation) by CONSULTANT without the express written consent of CITY, and without such c onsent all services hereunder are to be performed by CONSULTANT, its officers, agents and employees. However, claims for money due or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company, or other financial i nstitution 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
CONSULTANT’s representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement.
17. COMPLIANCE WITH APPLICABLE LAWS
CONSULTANT 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 CONSULTANT, CONSULTANT’s business, equipment and personnel engaged in activities covered by this 201
01375.0005/985911.1
Agreement or arising out of the performance of such activities.
18. PERMITS/LICENSES
CONSULTANT and all of CONSULTANT’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
CONSULTANT 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, CONSULTANT certifies and agrees that all persons employed by CONSULTANT, its affiliates, subsidiaries and related entities, if any, will be treated equally by CONS ULTANT, without unlawful discrimination 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, i n 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 CONSULTANT has violated state or federal anti-discrimination laws relative to this Agreement shall constitute a finding by CITY that CONSULTANT has violated the anti-discrimination provisions of this Agreement.
20. NON-WAIVER
The failure of CITY or CONSULTANT 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 CONSULTANT of compensation under this Agreement shall not be deemed to waive CITY’s rights or CONSULTANT’s rights contained in this Agreement.
21. SEVERABILITY
If any term, condition or provision of this Agreement 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
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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
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.
CITY OF MURRIETA _____________________________
Name of Consultant
_____________________________
Kim Summers, City Manager _____________________________ Name/title of signatory [please print]
_____________________________
Signature
ATTEST:
_____________________________
Name/title of signatory [if necessary]
_____________________________
Cristal McDonald, City Clerk _____________________________ Signature
APPROVED AS TO FORM:
_____________________________
Tiffany J. Israel, City Attorney
NOTE: If this Agreement involves a corporate party, the corporation must be represented by two individuals as follows: (A) one from the corporation’s “Operational Group” (Chair of the board, President or a Vice-president) and; (B) one from the corporation’s “Fi nancial Group” (Secretary, Assistant secretary, Chief financial officer or an Assistant treasurer). See California Corporations Code section 313.
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EXHIBIT A
Scope of Services
205
206
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EXHIBIT B
Schedule of Rates and Charges
207
208
209
Landscape Architect Services
Technical proposal prepared by VDLA for the City of Murrieta April 8, 2024
Van Dyke Landscape Architects, Inc. (VDLA)
462 Stevens Avenue, Suite 107, Solana Beach, CA 92075-2042 Tel: (619) 294-8484 | Fax: (619) 574-0626 | E-mail: [email protected] | Web: vdla.us Principals: Yale Hooper, CID, CLIA | Denise Armijo, ASLA | Brett Allen, ASLA, CA LLA #6595, CID, CLIA, RWSS | Mitch Phillippe, CA LLA #3781
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April 8, 2024
City of Murrieta
Development Services Department
1 Town Square
Murrieta, CA 92562
Attn: Valerie Mendoza, Management Analyst
RE: Request for Proposals Landscape Architect Services
Dear Ms. Mendoza,
From our understanding of the RFP scope of work and our firm’s portfolio, Van Dyke Landscape Architects, Inc. (VDLA) is excited to offer our proposal to provide landscape architect services for the City of Murrieta. As an established, reputable, and award-winning firm for more than 50 years, VDLA has assembled an effective, multi- disciplinary team that is ready to provide all required deliverables for the City. We understand the importance of these projects to reinforce the City’s mission to envision, create, and maintain a thriving community.
We have successfully performed similar services for multiple municipalities, including the Riverside County Transportation & Land Management Agency (RCTLMA) and the City of Jurupa Valley. Under our contract with the RCTLMA, we have successfully completed more than 1,100 landscape and irrigation plan checks.
These contracts involved comprehensive reviews against municipal codes, stakeholder collaboration, and adherence to environmental regulations, all within tight timelines.
We believe our firm is uniquely positioned to fulfill the City of Murrieta’s requirements for Landscape Architect Services. Our proposal is guided by a keen understanding of the project’s scope, as outlined in the RFP , and a commitment to deliver exceptional service within the defined 10-day review period. VDLA looks forward to the possibility of contributing to Murrieta’s growth and sustainability through thoughtful, compliant, and innovative landscape architecture services.
Sincerely,
Yale Hooper, Principal in Charge, CID, CLIA, RWSS
Van Dyke Landscape Architects, Inc. (VDLA)
462 Stevens Avenue, Suite 107
Solana Beach, CA 92075
Tel. (619) 294-8484 x20 | Mobile: (619) 992-1679 | Fax: (619) 574-0626 [email protected]
Landscape Architecture
Planning
Water Management
Graphic Communications
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VDLA | LANDSCAPE ARCHITECT SERVICES 3
Table of Contents
About Us
Our Team
Project Understanding
Relevant Experience
Subconsultant Experience
References
Schedule
Quality Assurance
Appendix
4 8
22 24
29 35
37 39
41 212
About Us
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VDLA | LANDSCAPE ARCHITECT SERVICES 5
Designing beautiful outdoor
environments since 1972.
VDLA is a dynamic group of designers, irrigation experts, project managers and skilled professionals who collaborate to design beautiful and sustainable environments. This combined expertise gives VDLA the unique ability to create stunning yet practical landscape architectural design, produce accurate construction documents, and provide unsurpassed client service. Defining our client’s vision and business goals establishes the foundation for every decision in our design process. We create long-term solutions for long-lasting projects.
For more than 50 years VDLA has worked with municipalities, commercial and land developers, public agencies, HOAs, and design-builders throughout Southern California to design beautiful environments that create a sense of place and well-being.
• Planning
• Master Planning
• Concept Design
• Construction Documentation
• Irrigation Master Planning
• Irrigation Design
• Irrigation Audits
• Water Management Services
• Construction Administration
• Graphic Communication
• Community Outreach
• Landscape Plan Checking
• Site Inspections
• Technical Writing
(619) 294-8484
VDLA Landscape Architects
462 Stevens Ave, Suite 107
Solana Beach, CA 92075
[email protected]
vdla.us
Contact Us
VDLA is a Certified
Small Business
(Micro) #1188980
Our Services
ABOUT US
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VDLA | LANDSCAPE ARCHITECT SERVICES 6
• City of Solana Beach
• City of Carlsbad
• City of Jurupa Valley
• City of Lancaster
• City of Hemet
• City of Upland
• City of Laguna Woods
• City of Calimesa
• City of Cathedral City
• City of Chula Vista
• City of San Diego
• City of San Jacinto
• City of Temecula
• City of Yucaipa
• City of Los Angeles
• City of Banning
• City of Beaumont
• San Bernadino County
• San Diego County
• Riverside County
• CA Coastal Commission
• EMWD
• MWD
• Valley-Wide
3000+
Projects Completed
50+
Years of Experience
in Southern CA
25+
Municipalities &
Public Agencies
Worked With
VDLA has extensive experience providing landscape architectural & plan check services for municipalities. A few of our previous clients include:
Why VDLA?
Our differentiators for your success
ABOUT US
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VDLA | LANDSCAPE ARCHITECT SERVICES 7
Our Services
ABOUT US
• Comprehensive Research
• Site Assessments
• Master Planning
• Concepts & Schematics
• Construction Documents
• Construction Administration
• Irrigation Design
• Irrigation Water Audits
• Water Resource Management
• 3D Renderings
• Signage
• Graphic Simulations
• Pre-Construction and Weekly Progress Meetings
• Review Construction Submittals and Construction Scheduling • On-site Visits for Oversight of Construction Progress and Turnovers Procedures • Landscape/Irrigation Plan Checking (All Stages), incl. Private Homeowner Plans • Technical Writing for Planting/Irrigation Standards, EIR/EIS Text, and Ordinances • Inspection Services for Private and Public Entities
DESIGN
PLANNING
WATER
MANAGEMENT
GRAPHICS
CONSTRUCTION
ADMINISTRATION
CONSULTING SERVICES
FOR MUNICIPALITIES &
PUBLIC AGENCIES
216
Our Team
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OUR TEAM
YALE HOOPER
Contract Administrator
DENISE ARMIJO
Project Manager
ELAINE SITZ
Senior Plan Checker
Key Personnel
Additional Staff
Subconsultant Team
KARA STENGER
Professional Landscape Staff
HENRY TEARE
Professional Landscape Staff
PATRICK SHANNON
Professional Landscape Staff
WEI WANG
Professional Landscape Staff
GERARDO BANUELOS
Professional Landscape Staff
DUSTIN FARRELLY
Professional Landscape Staff
RICARDO SANTOS
Professional Landscape Staff
JEFF ALBERS
Professional Landscape Staff
DAWSON HODGSON
Professional Landscape Staff
KWC
Civil Engineering
HELIX
Environmental
DUDEK
Fire Code Consulting
Organizational Chart
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VDLA | LANDSCAPE ARCHITECT SERVICES 10
OUR TEAM
PROJECT EXPERIENCE
Riverside County Transportation & Land Management Agency (RCTLMA) On-Call Landscape Plan Checking and Inspections
Mr. Hooper oversees VDLA staff who perform plan review and plan checking, including project Conditions of Approval, County ordinances and submittals for County maintained landscape projects. Projects range from existing parkways and medians to freeway interchanges. Mr. Hooper also oversees VDLA services for on-site and off-site landscape inspection services for newly constructed privately maintained sites, and new and existing County maintained sites (LMD, CSA and CFD) and CalTrans Rights of Way.
Eastern Municipal Water District - On-Call Plan Checking Mr. Hooper oversees VDLA staff who perform plan review and plan checking including review of plans for conformance to EMWD submittal and graphic standards. Documents reviewed included Recycled Water Use Exhibits, construction documents for on-site irrigation and related civil plans.
City of Jurupa Valley On-Call Landscape Plan Checking & Inspections, Jurupa Valley, CA Mr. Hooper oversees VDLA staff who provide a wide range of services including landscape plan checking, landscape site inspections, water management, central control irrigation management/setup and landscape design services.
San Diego Unified School District (50+ Projects), San Diego, CA Mr. Hooper oversaw the production of final sets of construction documents which included but were not limited to: demolition plans, wall and fencing plans, hardscape plans, irrigation plans, electrical plans, planting plans and cost estimates. All designs addressed water conservation through the use of durable and drought tolerant plant species, central irrigation control systems, irrigation application methods and potential use of recycled water. Mr. Hooper also performed construction observation ranging from pre-bid meetings to final inspection of plant material and irrigation coverage testing, and as-built drawings and controller charts.
YALE HOOPER | PRINCIPAL
Contract Administrator
Mr. Hooper is President of VDLA and serves as Director of Irrigation Services, Construction Administration, and Inspections Manager. He will provide contract management and Principal leadership for the proposed services. He has 26 years of experience in public and agency work, focusing on irrigation design and construction management while coordinating with water districts, public agencies and municipalities, civil engineers, industry product manufacturers, and contractors. Mr. Hooper’s experience in the region provides him with thorough familiarity with regional and local standards and regulations, as well as micro-climates affecting planting and irrigation designs.
EXPERIENCE
26 Years with VDLA
EDUCATION
Irrigation Design, Mesa
College, San Diego
CERTIFICATIONS
Certified Irrigation Designer
(CID) #45214
Certified Landscape
Irrigation Auditor (CLIA)
Recycled Water Site
Supervisor (RWSS)
AFFILIATIONS
Building Industry
Association
Irrigation Association (IA)
EPA Water Sense Partner
Water ReUse Association
American Society of
Agriculture & Biological
Engineers
American Society of
Irrigation Consultants
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OUR TEAM
PROJECT EXPERIENCE
Riverside County Transportation & Land Management Agency (RCTLMA) - On Call Consulting Services
Ms. Armijo’s experience with the County of Riverside includes development of the County of Riverside Comprehensive Landscape Guidelines & Standards, a comprehensive document to guide landscape design and submittals within the agency’s jurisdiction. VDLA reviewed existing guidelines, standards and regulations, then worked closely with multiple disciplines within the agency to produce standards for landscape design and submittals, including clarifying and/or prioritizing any conflicts between regulations.
City of San Diego Fire Department - Kearny Mesa Repair Facility, San Diego, CA Ms. Armijo served as Project Manager and designer for the landscape architecture components of this maintenance and repair facility. Landscape improvements include street frontage, parking lot, and foundation plantings to City of San Diego standards, including street tree and plant point requirements, setbacks and utility separation distances, and current water conservation ordinances.
La Colonia Park (Multiple Projects), Solana Beach, CA
Ms. Armijo has served as Project Manager, Public Outreach and Communications Manager for several projects within this well established historic neighborhood park. Projects include a master plan, CD’s for a skate park and veterans honor court, tot lot upgrade, and an updated master plan to incorporate a new lot. Efforts include leading community workshops and presentations, and implementing successful methods of input gathering such as bilingual flyers, information booths at community events, public charettes and visual preference surveys.
County of San Diego Department of Parks and Recreation, As-Needed Design Consulting Services, San Diego, CA
Ms. Armijo serves as the Senior Project Manager and designer to provide as-needed design consulting services for various parks within the County of San Diego. Projects include the Valley View County Park, Four Gee Park, and the El Monte River Valley Park.
DENISE ARMIJO | PRINCIPAL
Project Manager
Ms. Armijo has over 20 years of diverse landscape architectural experience and project management for both public and private clients. Experience includes master planning and entitlement, outreach and consensus gathering, schematic and design development, construction documents, bid documents, bid period support, and construction administration. Project types range from HOA master plans, park and recreation design, open space and habitat preservation, and trails development, to cemetery and library scopes. Ms. Armijo is also accomplished in coordinating and obtaining multi-agency approvals, and preparing materials for public / community group meetings.
EXPERIENCE
20 Years with VDLA
EDUCATION
Associate of Science in
Landscape Architecture,
San Diego Mesa College
Landscape Architecture
Curriculum, UC Berkeley
Bachelor of Arts
in Modern French
Civilization, Scripps
College
AFFILIATIONS
Colina del Sol Recreation
Council
California Native Plant
Society
American Society of
Landscape Architects
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OUR TEAM
PROJECT EXPERIENCE
On-Call Landscape Plan Checking, County of Orange
Ms. Sitz reviewed expedited landscape plans for the County of Orange, ensuring adherence to County standards and guidelines. She ensured that designs complied with Standard Plan 1700 for Street Trees, Standard 1701 for Drought Tolerant Plants, the Orange County Landscape Irrigation Code, and the Information Bulletin 2015-03 on Outdoor Potable Water Reduction. These plan checks primarily targeted privately maintained areas, demanding a thorough understanding and application of community-specific requirements such as those for Ladera Ranch, The Ranch Plan, and Rancho Mission Viejo, alongside adherence to MWELO for landscape water use.
On-Call Landscape Plan Checking, City of Placentia
Ms. Sitz ensured that landscape designs were in compliance with the Transit Oriented Development Design Standards and Streetscape Master Plan. Plans were also verified for compliance with the Model Water Efficient Landscape Ordinance (MWELO).
On-Call Landscape Plan Checking, Riverside County Transportation & Land Management Agency
Ms. Sitz performs on and off-site plan checks of private and County maintained projects for conformance to County standards, ensuring conformance to RCTLMA submittal and graphic standards, approved landscape concept plan and Conditions of Approval, and for verifying that plans conform to Ordinances 348, 460, 461 and 859. Ms. Sitz assists in periodic updates to the standard requirement check lists, standard details and specifications for use by plan checkers and applicants to help streamline the plan checking process. Ms. Sitz frequently collaborates with applicants to aid in resolution of design issues, inter-departmental coordination, and regular collaboration with County Planning Department, Valley-Wide Parks and Recreation, various CSA’s and water districts. issues, inter-departmental coordination, and regular collaboration with County Planning Department, Valley-Wide Parks and Recreation, various CSA’s and water districts.
On-Call Landscape Plan Checking, City of Jurupa Valley
Ms. Sitz performs plan check services for the City of Jurupa Valley predominantly for City maintained right-of-way areas and basins. The plan check streamlines irrigation methods and materials and directs applicants toward plant material which is appropriate for the site and coordinates the material and design with existing plant material in the area taking into account the microclimate of the site, the amount of anticipated foot and vehicular traffic and visibility safety.
ELAINE SITZ
Senior Plan Checker, Registered Landscape Architect (CA #2585) Ms. Sitz is a Senior Plan Check Specialist with the firm and has over 30 years of project experience, encompassing institutional projects, multi-family housing and residential community development, park and recreation facilities, corporate office site design, and public agency projects. She adds immense value to the plan checking department at VDLA, and oversees multiple plan check staff. Ms. Sitz currently reviews landscape and irrigation projects for multiple agencies for conformance with applicable ordinances and regulations, including water conservation ordinances, landscape water budget calculations, parking ordinances, and sight distance requirements.
EXPERIENCE
30+ Years
8 Years with VDLA
EDUCATION
Bachelor of Agriculture in
Landscape Architecture,
Purdue University
REGISTRATIONS
Licensed Landscape
Architect State of
California #2585
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VDLA VAN DYKE LANDSCAPE ARCHITECTS
City of Murrieta RFQ – Landscape Architect Services
Engineering Services
March 25, 2024
7 SUBCONSULTANT TEAM
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VDLA | LANDSCAPE ARCHITECT SERVICES 14
Martinez Resume | 1
BETH MARTINEZ
Principal Biologist
Ms. Martinez is a Biology Group Manager and Principal
Regulatory Specialist at HELIX with 26 years of experience in regulatory and biological consulting. She has worked on a wide range of private and public projects throughout southern California, including transportation and Capital Improvement Plan (CIP) projects. She has extensive experience assisting private entities and public agencies with obtaining regulatory permits. She has successfully led a number of projects through the permitting process and provided subsequent mitigation recommendations. The crux of her success is developing practical solutions to complicated issues. Moreover, she builds consensus to yield a productive resolution for clients, regulatory agencies, and/or additional stakeholders. Ms. Martinez has extensive experience and expertise leading projects and project teams requiring consistency with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP).
She has facilitated processing of projects requiring MSHCP Consistency Analyses, Determination of Biologically Equivalent or Superior Preservation (DBESP), Habitat Acquisition and Negotiation Strategy (HANS), and Joint Project Review (JPR). As an expert in regulatory permitting, Ms. Martinez has applied detailed knowledge of the wetland policy and the regulatory process, including state and federal regulations such as Sections 404 and 401 of the Clean Water Act, Sections 1600 et seq. of the California Fish and Game Code, Section 7 of the Endangered Species Act, and others. Over her many years of obtaining authorizations permits for her clients and assisting in ensuring compliance, she has fostered long-standing, positive relationships with the U.S. Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), Regional Water Quality Control Board (RWQCB), and U.S. Fish & Wildlife Service (USFWS), among other agencies.
Wilson Creek Mitigation(2018 - 2022). Principal Regulatory Specialist for a 2.66-acre tamarisk removal restoration project in Wilson Creek in the Community of Aguanga in Riverside County. Responsibilities included management of regular monitoring of the site, collection of annual monitoring data, preparation of monitoring memos and annual reports through project completion, and coordination with resource agencies and Riverside Conservation Authority (RCA). Work performed under an on-call contract for the City of Murrieta.
Tenaja Fire Emergency Slope Stabilization Project(2019). Senior Regulatory Specialist for the emergency regulatory permitting associated with an area affected by the 2019 Tenaja Fire in the City of Murrieta, Riverside County. Managed the preparation of the permit applications and responses to comments from regulatory agencies. Work performed under an on-call contract for the City of Murrieta. City of Murrieta Mitigation Coordination(2017 - 2019). Principal Regulatory Specialist assisting City of Murrieta staff with efforts to determine mitigation options for various projects within the City on an as-needed basis. Managed environmental compliance
EDUCATION
Master of Science,
Environmental Studies,
emphasis on Policy and
Planning, California
State University,
Fullerton, 2002
Bachelor of Arts,
Philosophy, University of
California, Irvine, 1992
REGISTRATIONS/
CERTIFICATIONS
Wetland Training
Institute, Wetland
Delineation Certificate
PROFESSIONAL
AFFILIATIONS
Association of
Environmental
Professionals
Association of Wetland
Managers
International Society of
Environmental Ethics
SUBCONSULTANT TEAM
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Martinez Resume | 2
with existing regulatory permits and authorizations to include preparation of applications for Sections 404, 401, and 1602. Work performed for the City of Murrieta.
Madison Avenue Street Improvements Project(2018 - 2024). Principal Regulatory Specialist managing preparation of a biological resources technical study required to demonstrate project consistency with the MSHCP and support CEQA documentation for the project. The scope requires an MSHCP habitat assessment/ general biological survey; burrowing owl surveys; jurisdictional delineation; general biological resources assessment/MSHCP Consistency Analysis Report; DBESP; biological resources constraints analysis; and a biological resources technical study. Work performed as subcontractor to the design engineer, with the City of Murrieta as the lead agency.
Los Alamos the Bridges Project(2017 - 2018). Principal Regulatory Specialist for a new residential apartment complex in the City of Murrieta, Riverside County. Assisted the project team with permit compliance and mitigation monitoring and reporting efforts. Work performed for Anton Development. Warner Channel Emergency Repair(2017). Principal Regulatory Specialist on task orders to provide biological resources services to the City of Irvine under an as-needed contract. Provided regulatory support on task orders, including Warner Channel Emergency Repair, which included processing of a Section 1602 Agreement with CDFW and negotiating mitigation terms. Work also included biological monitoring during repairs to include nesting bird surveys and compliance coordination with CDFW staff. Culver Drive/University Drive Intersection Improvements, Construction Monitoring, and Habitat Mitigation and Monitoring Plan Implementation(2019). Principal Regulatory Specialist managing issuance of regulatory permits and biological tasks necessary to obtain project authorizations from the resource agencies, which included negotiating mitigation terms. Provided regulatory support for implementation to include management of construction monitoring and nesting bird surveys within the project footprint area, and implementation of the approved mitigation plan in Mason Park for monitoring and reporting on success criteria of the revegetation areas. Work performed for the City of Irvine.
Oceanside Water Utilities Department On-Call Environmental Consulting Services(2018 - Present). Principal Regulatory Specialist for consecutive as-needed contracts covering the City of Oceanside’s (City) Water and Wastewater Capital Improvements Program, as well as other maintenance and repair activities necessary for the operation of the City’s utility system. Project types include emergency permitting for new and replacement pipelines, lift stations, treatment plants, reservoirs, wells, and communications equipment throughout the City’s service area. Work performed for the City of Oceanside Water Utilities Department. Batiquitos Lagoon Double Track - Final Design Package Project(2018 - Present). Principal Regulatory Specialist leading the coordination effort for existing permit application and response to agency comments for this LosAngeles–San Diego–San Luis Obispo (LOSSAN) rail corridor double track improvement project in San Diego County. Coordinated with the project team on strategy and next steps in the permitting process and updating permit applications, as needed. Work performed as a subcontractor to the design engineer, with the San Diego Association of Governments (SANDAG) as the lead agency. Del Mar Bluffs Stabilization 4 and 5 Project(2018 - Present). Principal Regulatory Specialist responsible for overseeing vegetation mapping and general biological surveys, wetland delineation, and habitat assessments, including biological resources letter report and regulatory permitting for two phases of coastal bluff stabilization projects in the City of Del Mar. The proposed coastal bluff stabilization project area is situated along 1.6 miles of the LOSSAN rail corridor atop the coastal bluffs within the City of Del Mar and the North County Transit District (NCTD) railroad right-of-way (ROW). Work performed as a subcontractor to the design engineer under an on-call contract with SANDAG.
SUBCONSULTANT TEAM
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Lee Resume | 1
AMY LEE
Senior Biology Project Manager
Ms. Lee is a Biologist with 16 years of experience. She prepares a variety of technical reports, such as California Environmental Quality Act (CEQA)-level biotechnical reports, Habitat Mitigation and Monitoring Plans (HMMPs), Long-term Management Plans, and consistency documents for projects within the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). She has successfully led many projects for both private sector clients and public agencies through the
regulatory permitting process. She has performed biological fieldwork throughout Los Angeles, Orange, Riverside, San Diego, and SanBernardino Counties involving habitat assessments, vegetation mapping, tree surveys, jurisdictional delineations, California Rapid Assessment Method (CRAM), permit compliance, constraints analysis, due diligence, and mitigation monitoring and reporting. Ms. Lee is skilled in the identification of local flora and fauna and has conducted focused surveys for special-status plants, burrowing owl, and least Bell’s vireo.
Wilson Creek Mitigation(2017 - 2023). Biology Project Manager for a 2.66-acre tamarisk removal restoration project in Wilson Creek in the Community of Aguanga in Riverside County. Oversaw the mitigation for the five-year duration, including the mitigation installation, monitoring, and reporting for the mitigation site and successful sign-off from the regulatory agencies and Riverside Conservation Authority (RCA).
Responsibilities included regular monitoring of the site, collection of annual monitoring data, preparation of monitoring memos and annual reports through project completion, and coordination with resource agencies and RCA. Work performed under an on-call contract for the City of Murrieta.
Tenaja Fire Emergency Slope Stabilization Project(2019 - 2020). Biology Project Manager for the emergency regulatory permitting associated with an area affected by the 2019 Tenaja Fire in the City of Murrieta, Riverside County. Prepared the permit applications, responses to comments from regulatory agencies, and post-project documentation. Work performed under an on-call contract for the City of Murrieta. Madison Avenue Street Improvements Project(2018 - 2021). Lead Biologist for biological studies and biological technical report for the proposed Madison Avenue Street Improvement Project in the City of Murrieta. Performed the general biological survey, jurisdictional delineation, burrowing owl protocol surveys, and rare plant surveys and prepared the associated reports. Additionally, conducted the general biological survey, mapped vegetation, and prepared a biological constraints report for the potential bridge over Warm Springs Creek. Work performed as a subcontractor to the design engineer, with the City of Murrieta as the lead agency. Pacific Landing Restoration Biological Consulting(2017 - Present). Biology Project Manager for the on- and off-site Riversidean sage scrub mitigation sites located on Lincoln Ranch Preserve and Johnson Ranch Preserve, managed by the Center for
EDUCATION
Bachelor of Arts,
Environmental Studies,
University of California,
Santa Barbara, 2007
Bachelor of Arts, History
of Art and Architecture
emphasis on
Environment, University
of California, Santa
Barbara, 2007
REGISTRATIONS/
CERTIFICATIONS
CRAM, Qualified
California Rapid
Assessment Method,
Practitioner
CDFW, Rare,
Threatened, and
Endangered Plant
Voucher Collecting
Permit No. 2081(a)-15-
046-V
PROFESSIONAL
AFFILIATIONS
Sea and Sage Audubon
Society
SUBCONSULTANT TEAM
225
VDLA | LANDSCAPE ARCHITECT SERVICES 17
Lee Resume | 2
Natural Lands Management(CNLM) . Prepared the Habitat Mitigation and Monitoring Plan in close coordination with U.S. Fish & Wildlife Service (USFWS) and CNLM. Responsibilities include regular monitoring of the mitigation sites, collection of annual monitoring data, preparation of monitoring memos and annual reports through project completion. Obtained sign-off of the on-site mitigation at Lincoln Ranch in Year 5 from USFWS and CNLM and currently working toward getting the off-site mitigation site at Johnson Ranch Preserve signed off. Work performed for Atlantic Pacific Development.
Pacific Landing Project(2017 - Present). Biology Project Manager on the Pacific Landing apartment complex project located in the City of Murrieta. Conducted the surveys and documentation , including general biological survey, protocol burrowing owl surveys, pre-construction burrowing owl survey, and drafted the HMMP during the project entitlement. Post entitlement, work performed includes overseeing mitigation installation, regular monitoring of the site, collection of annual monitoring data, preparation of monitoring memos, and agency coordination. Preparing conservation easement for client and coordinating with conservation groups for long-term management of the project mitigation. Work performed for Atlantic Pacific Development. Hicks Canyon Wash Improvements Biology Support(2020). Biology Project Manager for the Hicks Canyon Wash Improvements Project located in the City of Irvine. Prepared the biological constraints report based on potential alternatives for the Hicks Canyon Wash landscaping improvements project. Based on information presented in the report, assisted in choosing the best alternative to implement. Prepared the biological technical reports, CEQA documents, and regulatory permit applications for the U.S. Army Corps of Engineers (USACE), Regional Water Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW). Habitat restoration is a component of this project. Work performed as a subcontractor to the design engineer, with the City of Irvine as the lead agency.
Altair Project(2022). Biology Project Manager for the 270-acre mixed-use residential and commercial project located in the City of Temecula in Riverside County. Prepared the project HMMP , Revegetation Plan, and the translocation plan for the federally listed San Diego Ambrosia. Led efforts with the City of Temecula, RCA, CDFW , and USFWS on the acceptance of the San Diego Ambrosia Translocation Plan, HMMP , and MSHCP Urban Wildlands Interface Guidelines. Overseeing compliance with all permit measures, including construction monitoring, implementation of the off-site compensatory mitigation site, and all monitoring and reporting requirements. Work performed for Brookfield Residential. Saddleback Meadows Project(2020 - 2024). Biology Project Manager for the 222-acre residential development project in unincorporated Orange County. Prepared the CDFW 1602 Streambed Alteration Agreement and coordinating closely with CDFW on the issuance of the Streambed Alteration Agreement. Preparation of the project HMMP , Long-term Management Plan, and Conservation Easement. Coordination with USACE, RWQCB, CDFW , and USFWS on permit compliance. Work performed for California Quartet Limited. Warner Channel Emergency Repair(2019 - 2023). Biology Project Manager for a project involving the repair of erosion damage along the northeast stream bank of Warner Channel in the City of Irvine in Orange County.
Conducted western pond turtle clearance surveys, worker brochures and education, construction monitoring, permit compliance, and authored the Habitat Enhancement Plan for on-site mitigation. Responsibilities included ongoing monitoring of the mitigation site, collection of annual monitoring data, and preparation of monitoring memos and annual reports through project completion. Prepared the Streambed Alteration Agreement amendment, which included coordination with CDFW. Mitigation was successfully signed off by CDFW at the end of Year 5. Work performed under an on-call contract for the City of Irvine.
SUBCONSULTANT TEAM
226
VDLA | LANDSCAPE ARCHITECT SERVICES 18
Sugimoto Resume | 1
KASSIE SUGIMOTO
Cultural Resources Project Manager
Ms. Sugimoto has 12 years of professional experience in archaeology, and she has worked in southern California
archaeology for seven years, including historic archaeology, prehistoric archaeology, human osteology, and close
coordination with Native American tribes. Her experience includes managing and coordinating archaeological projects and providing California Environmental Quality Act (CEQA) compliance consultation and planning support for cultural resources, tribal cultural resources, geology (paleontology), noise, air quality and greenhouse gases (GHG), and aesthetics. Ms. Sugimoto has conducted archaeological field and lab work, including archaeological surveys and report writing. Her research interests include California archaeology, indigenous populations, environmental and social stress, climate change, and population health, and bioarchaeology. Her previous experience includes fieldwork in Peru. Adams Avenue Affordable Housing (2023 - Present). Archaeologist and Project Manager for an affordable housing project located in the City of Murrieta. The scope of work included managing biological mitigation, archaeological mitigation, and MMRP Compliance Management. Work performed for National Community Renaissance, with the City of Murrieta as the lead agency.
Ivy House Project (2021 - 2024). Archaeologist for a cultural resources survey and study in support of a residential development located within the City of Murrieta. The scope of work included a cultural resource study in support of a U.S. Army Corps of Engineers (USACE) Section 404 and 408 permit. In addition, provided agency support and assistance with Native American outreach. Work performed for Diversified Pacific, with the City of Murrieta as the lead agency.
Murrieta Creek Multi-Use Trail (2024 - Present). Archaeologist for a cultural resources survey in support of a USACE Section 404 permit and a Clean Water Act 401 Water Quality Certification application to the Regional Water Quality Control Board (RWQCB) for impacts to waters of the State. Work performed as a subcontractor to the transportation engineer, with the City of Lake Elsinore as the lead agency. Rancho Highlands Project (2021). Cultural Resources Lead/Principal Investigator for the cultural resources monitoring program for the Rancho Highlands Residential Development Project, an approximately 12.4-acre project located in the City of Temecula. Culturally sensitive resources encountered during monitoring have required intensive coordination with the USACE and the Pechanga Band of Luiseño Indians.
Work performed for Red Tail Acquisitions, LLC.
Oak Valley Town Center(2021 - 2024). Archaeologist and Project Manager for the construction of a town center located in the City of Calimesa. The scope of work included the management of archaeological construction monitoring, archaeological testing, archaeological data recovery, site recordation and cataloging, and Native
EDUCATION
Master of Arts,
Anthropology,
North Carolina State
University, 2015
Bachelor of Arts,
Anthropology
(Archaeology
concentration,
Biology Minor),
California State
University, Dominguez
Hills, 2013
Associate of Arts,
Anthropology,
El Camino College, 2010
PROFESSIONAL
AFFILIATIONS
Society of American
Archaeology
Project Management
Institute
SUBCONSULTANT TEAM
227
VDLA | LANDSCAPE ARCHITECT SERVICES 19
Sugimoto Resume | 2
American outreach and coordination. Work performed for Terra Verde Group, with the City of Calimesa as the lead agency.
Highway 74 Ethanac Sewer Extension Project (2023). Archaeologist for a cultural resources study for a
2.36linear sewer line located within the Meadowbrook community in Riverside County. The scope of work also included Native American outreach/tribal consultation support. Work performed as a subcontractor to the design engineer, with Elsinore Valley Municipal Water District as the lead agency. Warm Springs Lift Station Replacement(2021). Archaeologist for a cultural resources survey of this lift station replacement project in Temecula. The project is adjacent to Murrieta Creek, in an area that is of cultural significance to the Luiseño people. Conducted archaeological research and served as a report contributor by conducting background research and report preparation. Work performed for Eastern Municipal Water District. Sky Canyon Sewer Main Extension(2021). Archaeologist for the construction of approximately 6,700 linear feet of new sewer main in southwestern Riverside County. Prepared the Cultural Resources Management Plan.
Monitoring tasks are based on the mitigation measures presented in the Initial Study/Mitigated Negative Declaration (IS/MND) for the project. Work performed for Eastern Municipal Water District. Cactus II Feeder Pipeline (2021 - 2023). Cultural Resources Lead for the construction phase of a five-mile water transmission pipeline ranging from 30 inches to 42 inches in diameter in Moreno Valley, Riverside County.
Conducted pre-construction meetings, Native American support, coordination and scheduling with construction crew and Native American monitors, identification of artifacts and cultural features, photographs, daily field notes, cultural resource monitoring, and reporting. Work performed for Eastern Municipal Water District. Copper Basin Dam Valve Replacement Historical Resource Evaluation Report(2021). Archaeologist for a valve replacement project on Copper Basin Dam, a contributing resource within the Colorado River Aqueduct Historic District in San Bernardino County. Served as a report contributor by preparing background research and drafting sections of the Historical Resource Evaluation Report. Work performed for The Metropolitan Water District of Southern California.
Los Trancos Creek Maintenance Project(2021 - 2022). Archaeologist/Cultural Resources Task Lead for a creek maintenance project in the City of Newport Beach, Orange County. Provided technical support for the U.S. Army Corp of Engineers (USACE), California State Parks, and the State Historic Preservation Office (SHPO) to support a section 404 Permit. Helped establish the determination of effects, in consultation with USACE and SHPO, for historic era and prehistoric sites within and adjacent to the project footprint. Work performed as a subcontractor to the design engineer, with California Department of Parks and Recreation as the lead agency. I-405 Program Management Cultural Services (2019). Archaeologist for cultural services in support of the Parsons Program Management team’s (PMC) 30% design plans for this 16-mile project located in Orange County.
As part of the PMC team, conducted supplemental record searches at the Information Center, field studies, and several Historic Property Survey Reports by Caltrans to analyze the design changes for potential impacts to cultural resources with the revised Area of Potential Effects. All Supplemental Historic Property Survey Reports were approved by Caltrans.
McCanna Hills Addendum to an EIR (2018). Archaeologist for preparation of an addendum to an EIR previously prepared for the McCanna Ranch Specific Plan near Lake Perris in western Riverside County. City of San Jacinto (2017). Project Manager and Project Archaeologist that executed and managed the project’s contract with the client, conducted field and archival research, prepared technical documents for the City of SanJacinto on behalf of Mark Development for Assessor Parcel Numbers 439-112-032, 033, 034, 036, 003, 004, 007, 008, and 009 in Riverside County.
SUBCONSULTANT TEAM
228
VDLA | LANDSCAPE ARCHITECT SERVICES 20
SUBCONSULTANT TEAM
56 Michael Huff, RCA
WILDFIRE LEAD
Michael Huff is founder and manager of Dudek’s Urban Forestry/Fire Protection Planning team with 32 years’ experience as a forester and fire protection planner. Mr .
Huff specializes in management of community-wide and project-specific fire protection plans (FPPs), wildland –urban interface (WUI) fire management plans, wildfire hazard reduction projects, Alternative Materials and Methods reports, California Environmental Quality Act (CEQA) supporting technical documents, and CEQA impact analysis studies .
Project Experience
MMuurrrriieettaa HHiillllss RReessiiddeennttiiaall PPrroojjeecctt FFiirree PPrrootteeccttiioonn PPllaann,, PPuullttee,, MMuurrrriieettaa,, CCAA.. Managed and guided analysis, wrote the FPP, and coordinated with local fire personnel on this 750-unit residential master plan. The project required a code modification regarding dead-end road length with justifying measures to meet the intent of the code. Dudek performed a comprehensive analysis of the fire environment and prescribed a redundant system of protections to provide safe vehicle evacuation through the community to av ailable evacuation routes while enabling emergency ingress. The project is within a very high fire hazard severity zone, and the site’s wildfire risk was evaluated and addressed through site -specific design features.
CCoossttccoo FFPPPP aanndd EEIIRR WWiillddffiirree CChhaapptteerr,, CCoossttccoo CCoorrppoorraattiioonn,, MMuurrrriieettaa,, CCaalliiffoorrnniiaa..
Managed and guided an FPP for a planned Costco in a WUI area, specifically providing protection features for a reduced fuel modification zone area. Provided quality assurance/quality control (QA/QC) for the project’s EIR wildfire chapter.
NNuummeerroouuss MMuurrrriieettaa mmuullttii--ffaammiillyy hhoouussiinngg pprroojjeeccttss,, vvaarriioouuss ddeevveellooppmmeenntt aapppplliiccaannttss,, MMuurrrriieettaa,, CCAA. Mr. Huff manages, provides analysis, and prepares technical reports for various Murrieta multi-family housing projects. Project issues often include preparation of Fire Protection Plans, Fuel Modification Plans, Alternate Materials and Methods reports, and Fire Master Plans.
TThhiirrdd--PPaarrttyy RReevviieeww ooff AAsssseemmbbllyy BBiillll 6688––AAcccceessssoorryy DDwweelllliinngg UUnniitt LLaaww,, CCiittyy ooff BBrraaddbbuurryy,, CCaalliiffoorrnniiaa.. Managed a team of retired fire prevention officers’ review of Assembly Bill 68 as it applies to Bradbury. Was final author of the letter report indicating issues with the law and how it may impact Bradbury’s residents’ fire safety. Provided two City Council updates, including the final results presentation.
OOnn--CCaallll FFiirree PPllaann RReevviieeww//TThhiirrdd--PPaarrttyy CCoonnssuullttaanntt,, OOrraannggee CCoouunnttyy FFiirree AAuutthhoorriittyy,, CCaalliiffoorrnniiaa.. Provides as-needed review of fuel modification plans and provides special studies regarding alternative materials and methods for the Orange County Fire Authority. To date, Dudek has provided review and comment of fire behavior modeling and proposed fuel modification and structural hardening for a large, master planned community in
EEdduuccaattiioonn
Northern Arizona
University
BS, Forest Management,
1992
CCeerrttiiffiiccaattiioonnss
Registered Consulting
Arborist (RCA)
Certified Arborist,
No. WE-4276A
San Diego County
Department of Planning
and Land Use-Approved
Fire Protection Planner
Laguna Beach Fire
Department-Approved
Fire Protection Planner
Certified Wildland
Fire Ecologist
PPrrooffeessssiioonnaall AAffffiilliiaattiioonnss
American Society of
Consulting Arborists
National Fire
Protection Association –
International
California Fire Chief’s
Association – Fire
Prevention Officers
SUBCONSULTANT TEAM
229
VDLA | LANDSCAPE ARCHITECT SERVICES 21
57 southern Orange County. Also involved with research and preparation of a report on the efficacy of utilizing water cannons as an alternative for full fuel modification width.
SSttoonneerriiddggee CCoommmmeerrccee CCeenntteerr FFPPPP,, RRiicchhllaanndd PPrrooppeerrttiieess,, RRiivveerrssiiddee CCoouunnttyy,, CCaalliiffoorrnniiaa.. Managed the preparation of a comprehensive FPP for the Stoneridge Commerce Center, which includes a total maximum building space of 8,803,470 square feet and establishes Light Industrial uses on approximately 442.8 acres with a maximum of 7,488,800 square feet of building space; Business Park uses on 83.4 acres with a maximum of 1,170,570 square feet of building space; Commercial Retail uses with a maximum of 144,100 square f eet of building space on 13.3 acres; 36.6 acres of Open Space Conservation; and 81.6 acres of Open Space-Conservation Habitat. Provided client coordination, QA/QC review of all submittals, and budget and timeline management.
UUnniivveerrssiittyy IInnnnoovvaattiioonn DDiissttrriicctt,, CCiittyy ooff CChhuullaa VViissttaa,, CCaalliiffoorrnniiaa.. Managed and was lead author of this FPP for a university campus and supporting academic uses, student housing, a research and development park, and public infrastructure (e.g., streets and utilities) to serve the proposed project. The project included analysis of appropriate wildfire protections as well as determining appropriate emergency response configurations from nearby fire stations.
PPoorrttoollaa PPaarrkkwwaayy RReessiiddeennttiiaall DDeevveellooppmmeenntt FFPPPP,, BBaallddwwiinn && SSoonnss,, LLaakkee FFoorreesstt,, CCaalliiffoorrnniiaa.. Dudek prepared a comprehensive FPP and fuel modification plan for this project in a very high fire hazard severity zone. Mr. Huff developed a habitat-based approach to the fuel modification zones, incorporating cactus wren (Campylorhynchus brunneicapillus) habitat in the form of prickly pear cacti to result in a functional equivalent fuel modification zone with habitat benefits. The FPP included evaluation of all fire environment hazards and development of unique and site-specific measures and design features to provide for public safety.
SSaannttaa BBaarrbbaarraa BBoottaanniicc GGaarrddeenn FFPPPP,, SSaannttaa BBaarrbbaarraa,, CCaalliiffoorrnniiaa.. Managed the preparation of an FPP for the proposed botanic garden expansion. The FPP included site -specific fire behavior modeling, analysis of the option for on -site sheltering, and addressed all fire protection features that would be provided for the site’s structures. Fuel modification was customized for this site based on the site ’s terrain and expected fire behavior.
FFaanniittaa RRaanncchh MMaasstteerr PPllaannnneedd CCoommmmuunniittyy PPrroojjeecctt FFPPPP aanndd EEvvaaccuuaattiioonn PPllaann,, HHoommeeFFeedd CCoorrpp..,, SSaanntteeee,, CCaalliiffoorrnniiaa.. Managed the preparation of this comprehensive FPP. The project is a 2,638 -unit development with a village core, fire station, school, agriculture, parks, trails, and related infrastructure. The FPP is a robust document that identifies the potential wildfire risk at the site and then defines and provides specifications for addressing the risk to acceptable levels. The project’s evacuation plan provides future residents with a toolkit for preparedness and awareness so they are familiar with the potential evacuation declarations and actions they may need to take.
FFPPPP ffoorr tthhee MMRRCCAA PPuubblliicc AAcccceessss EEnnhhaanncceemmeenntt PPllaann,, MMaalliibbuu,, CCaalliiffoorrnniiaa.. Served as Project Manager and technical expert, and drafted portions of the FPP, which served as a component of the project EIR. The project involved development of facilities to enhance public access to open space within the Santa Monica Mountains, includ ing parking areas, campsites, and trails. The FPP analyzed fire risk components associated with increased public access into wildland areas and developed measures to mitigate risk. Techni cal analysis of risk included assessment of fire history, fire behavior modeling, access constraints, and proximity to firefighting resources. Fire behavior modeling involved the use of both tabular (BehavePlus) and GIS -based (FlamMap) fire behavior modeli ng software packages and was an integral component of the fire -planning process. The FPP served as a component of the project final EIR, which was approved by the MRCA board and the California Coastal Commission.
SUBCONSULTANT TEAM
230
Project Understanding
231
VDLA | LANDSCAPE ARCHITECT SERVICES 23
PROJECT UNDERSTANDING
Understanding of the Scope of Work
We understand that the City of Murrieta is requesting technical and administrative review services for landscape and irrigation plans within a 10 calendar day review period. This includes a complete assessment of the plans and supporting documentation to ensure full compliance with the City of Murrieta Municipal Code, Murrieta Development Code (Title 16), and applicable local, county, and state regulations. The City expects written comments that detail any areas of non-compliance or recommendations for enhancements in line with sustainable and environmentally responsible design practices. Additionally, the City anticipates the need for VDLA to address miscellaneous tasks or meetings not initially outlined in the tasks above and to manage any unanticipated issues that may arise during the review process efficiently. These services will be provided up to a proposed budget ceiling on a time and materials basis per our hourly rates, ensuring that all project contingencies are adequately covered without exceeding budgetary constraints. VDLA fully understands the scope of work and is prepared to meet or exceed all requirements. We have successfully performed similar services for the Riverside County Transportation and Land Management Agency, EMWD, and the City of Jurupa Valley.
Please see the project sheets on the following pages for more information regarding past projects. 232
Relevant Experience
233
VDLA | LANDSCAPE ARCHITECT SERVICES 25
RELEVANT EXPERIENCE
VDLA has been providing as needed landscape architectural services for the Riverside County Transportation and Land Management Agency (RCTLMA) since 2007. Essential to these services is a close working relationship with County departments and the ability to interface with plan applicants and contractors during inspections.
Plan Check Services (2007 to present)
Scope includes review of plans for conformance with RCTLMA submittal and graphic standards, the approved landscape concept plan, and Conditions of Approval. Under this scope VDLA has developed a standard requirement check list and automated water use calculation spreadsheet for use by plan checkers and applicants to streamline the plan checking process. Services also include meeting with applicants to aid in resolution of design issues, ensuring regulatory conformance and inter-departmental coordination.
Inspection Services (2009 to present)
VDLA works closely with RCTLMA to inspect both existing and newly established onsite & offsite right of way areas, providing assessments of planting and irrigation systems and efficacy of current maintenance crews. This scope also includes taking inventory of plant material, irrigation controllers, irrigation equipment, and electric utilities. Recommendations are given to increase water conservation through plant material choice, irrigation upgrades, and maintenance practices.
As Needed Design Services (2009 to present)
Project scopes range from a new freeway interchange to renovations to existing medians. All designs focus on low maintenance and low water and/or native plantings; some work around existing plant material to remain. Services include site assessments, schematic designs, graphic exhibits for agency meetings, construction documents for hardscape, landscape and irrigation, and cost estimates.
RCTLMA Comprehensive Landscape Guidelines & Standards (2009) VDLA was contracted to develop a comprehensive document to guide design and submittals within the agency’s jurisdiction. The process required careful review of existing guidelines, standards, and regulations in addition to the identification of conflicts or deficiencies within existing documents. VDLA then worked closely with multiple disciplines within the agency to produce a comprehensive document which outlined current standards for design and submittals, including clarifying and/or prioritizing any conflicts between regulations. Scope included guiding water conservation standards as well as producing standard details, titleblocks, specifications, and a California Friendly Plant List.
KEY FEATURES
Plan Checking
Standards Development
As Needed Design
Services
Landscape Architectural
Services
Rebate Program
Implementation
REFERENCE
Mark Hughes, Principal
Engineering Technician
RCTLMA
(951) 955-6767
[email protected]
Riverside County Transportation &
Land Management Agency (RCTLMA)
Riverside, CA | 2007 - Present
234
VDLA | LANDSCAPE ARCHITECT SERVICES 26
RELEVANT EXPERIENCE
235
VDLA | LANDSCAPE ARCHITECT SERVICES 27
RELEVANT EXPERIENCE
Eastern Municipal Water District
On-Call Services
Perris, CA
EMWD Plan Check Services & Consulting | 2006 to 2009 and from 2012 to Present Scope includes review of plans for conformance with EMWD submittal and graphic standards.
Documents include recycled water use exhibits, recycled water irrigation plans, construction documents for on site irrigation, and related civil plans (when appropriate). Plan review includes evaluation of projects from the recycled water meter downstream for compliance with regulatory permitting requirements, including environmental, local, regional and state codes, and any applicable conditions of approval for the project.
Scope also includes reviewing recycled water use exhibits and irrigation plans as related to California Department of Public Health (CDPH) Title 22 compliance, Environmental Regulatory Compliance (ERC), and EMWD Recycled Water Guidelines and Specifications. VDLA serves as the prime contact for all plan check reviews and schedules and conducts meetings with applicants and their design teams, Cities and County of Riverside personnel, as well as EMWD staff, including the Operations & Maintenance Department, the Environmental & Regulatory Compliance Department, the Engineering Department Point of Service Engineers, and the Water Conservation Department.
During the plan and exhibit review process, proposed pipeline size requirements and limits are reviewed, locations of existing and proposed facilities are verified using EB Web and SmallWorld software. VDLA provides input and processes data from plans into CityView and Sport programs for other department uses. Our staff reviews EMWD’s AutoCAD standards in preparation for converting files to GIS. VDLA also performs as built drawing review for EMWD conformance, completing and processing the meter release paperwork, and closing out the project work order once the EMWD inspector indicates the construction has been completed. Part of the VDLA scope included preparation of sample typical planting and irrigation designs for residential homeowners within the EMWD jurisdiction.
KEY FEATURES
Plan Checking
Standards Development
As Needed Design
Services
Landscape Architectural
Services
REFERENCE
John Wuerth
Civil Engineering Assistant
(951) 928-3777 x4334
[email protected]
236
VDLA | LANDSCAPE ARCHITECT SERVICES 28
RELEVANT EXPERIENCE
KEY FEATURES
Plan Checking
Landscape Design
Services
Landscape Irrigation &
Planting Inspections
Landscape Site Inspections
Irrigation Water
Management
REFERENCE
Tina York, PE
Development
Services Manager
HR Green
(951) 255-3478
[email protected]
The City of Jurupa Valley
Jurupa Valley, CA
VDLA has been working with the City of Jurupa Valley since 2014, offering an extensive array of services, including landscape plan checking, on-site landscape inspections, efficient irrigation water management, centralized control irrigation oversight and configuration, and comprehensive landscape design services. Specific tasks involve conducting tree trimming inventory assessments and maintenance inspections for Point of Connection (POC), Electrical, and Water Meter Inventory.
237
Subconsultant Experience
238
VDLA | LANDSCAPE ARCHITECT SERVICES 30
VDLA VAN DYKE LANDSCAPE ARCHITECTS
City of Murrieta RFQ – Landscape Architect Services
Engineering Services
March 25, 2024
3 RELEVANT EXPERIENCE
KWC has the capacity, and staff availability to successfully design and deliver capital improvement construction documents as well as provide ongoing and responsive construction support as needed or requested .
Some of our more recent, successful projects include:
UNDERWOOD – WATER, RECYCLED WATER & SEWER IMPROVEMENT PLANS KB Home – Processed through Eastern Municipal Water District
KWC designed onsite and offsite water, recycled water and sewer improvement plans for this 434 -lot subdivision in the City of Menifee. The project included more than 30,000 LF of water line and over 20,000 LF of sewer line. Design effort also included the relocation of a 24 -inch diameter recycled water transmission line as well as the design of a t emporary highline to bypass the current line during construction. Multiple existing concrete channel crossings, including jack and bore and shallow pipe crossin gs were designed. The Plan of Services and Upsizing Reimbursement Agreements were also updated. Total plan sets included three onsite phases, the transmission waterline relocation and the highline plan for a total of five sets of plans.
CALIFORNIA AVENUE SEWERLINE City of Corona Public Works Department Contract Amount: $198,350
KWC designed approximately 8,950 linear foot, gravity trunk sewer main in California Avenue in the City of Corona. California Avenue is an existing paved street in Corona with numerous existing utilities to design around and traffic control to consider.
The 8,950 linear foot sewer line connects to an existing sewer downstream at Pico Street and a future double 12 -inch force main at Foothill Parkway. Construction plans and specifications were processed and approved through the City of Corona DWP. Scope also included coordination with contractors to design and provide alternative designs based on estimated costs of jack and bore options across three (3) major roadways . Plans were approved in November 2017 and construction was completed in 2019, crossing all three (3) major roadways using jack and bore methods.
CITY PARK RECLAIMED WATERLINE City of Corona Public Works Department Contract Amount: $111,100
KWC Engineers prepared plans in 2012 for the design of 4,300 lineal feet of 12 -inch diameter reclaimed water main pipeline in Joy Street from Harrison south in E. Grand Blvd. and east in Quarry Street for the City. This work effort included the design of jack and bore operations underneath the B.N. & S.F. railroad and an open trench casing installation underneath the 91 freeway bridge at E. Grand Blvd. KWC’s team performed the geotechnical borings and 25 potholes for this project. KWC prepared the prelimi nary design alignment based on field walks and our utility research. Our design had to accommodate numerous utility crossings and conflicts that existed, along with a future 60” storm drain in the pipeline corridor. This project provided Reclaimed Water to the existing City Park on Quarry Street to be more environmentally friendly. KWC prepared the project specifications, cost estimate and bid schedule. KWC was responsible for obtaining permits from Caltrans, B.N. & S.F. railroad, and coordinating the design with other stakeholders, such as RCTC.
VILLAGE OF TERRASSA –FOOTHILL PARKWAY SEWER IMPROVEMENTS TRI Pointe Homes Contract Amount: $1,000,000 (included other improvement plans) KWC prepared plans for an 8” offsite sewer improvement plans including jack and boring under Interstate 15, onsite water and sewer plans and offsite reclaimed water pipeline improvements for approvals through the City of Corona, County of Riverside, MWD and Caltrans. KWC also prepared plans for a proposed 16” offsite waterline in Foothill Parkway between Bedford Canyon Road and State Street as well as revisions to the existing offsite 16” reclaimed waterline to add fire hydrants, service laterals and to av oid a proposed storm drain pipeline. In addition to plan preparation, work effort included base mapping, topographic survey, utility research, and potholing. Sewer and waterlines were completed in 2018.
SUBCONSULTANT EXPERIENCE
239
VDLA | LANDSCAPE ARCHITECT SERVICES 31
VDLA VAN DYKE LANDSCAPE ARCHITECTS
City of Murrieta RFQ – Landscape Architect Services
Engineering Services
March 25, 2024
4 SOUTHWEST QUADRANT OF GRAND WATERLINES – CIP PROJECT NUMBER 2012-17 City of Corona DWP Contract Amount: $255,400
KWC finalized waterline improvement plans and technical specifications for phase 1 (5,000 lf) and prepared 90% plans for the remaining portion (8,500 lf) in 2015. The project required coordination of proposed facilities with Corona Regional Medical Center, Library, Schools and Public Buildings. KWC coordinated over 200 crossings of existing utilities with a combination of potholing and utility locating, as well as preparation of Soil’s Report, CEQA documents, Traffic Report, and Traffic Control Plans. Phase 1 of the project was constructed in 2016.
ONTARIO AVENUE ZONE 4 WATERLINE City of Corona Public Works Department Contract Amount: $70,927
KWC worked with the City staff for the installation of approximately 2,600 lineal feet of a 12-inch Zone 4 pipeline located in Lincoln Avenue, Ontario Avenue, and Buena Vista Avenue. This pipeline constructed provides higher pressure to the City’s customers located primarily along the south side of Ontario Avenue including two (2) church sites . Our work scope included utility research, survey, preliminary alignment studies, potholing, waterline design, and preparation of a bid schedule, bid support, and con struction support. As-built plans have been submitted to the City. KWC designed the pipeline to minimize utility crossings and impacts to traffic during construction. The project was constructed in 2013 on-time and under budget.
COUNTRY CLUB HEIGHTS WATERLINE IMPROVEMENTS Elsinore Valley Municipal Water District Contract Amount: $143,317
KWC designed water improvement plans for seven (7) sites in older neighborhoods with existing narrow, hilly, curved streets to improve the hydraulic looping and connectivity of the water system. Work effort included research, preliminary alignment study, potholing, final plans, Jack and Bore plans, cost estimate and specifications. Project was constructed in 2015.
LAKELAND VILLAGE WATER MAIN REPLACEMENT Elsinore Valley Municipal Water District Contract Amount: $83,891
KWC prepared plans and full specifications for the replacement of existing waterlines and residential services and meters for five (5) streets within Lakeland Village, County of Riverside. The scope of work included utility research, field topography, 27 potholes, designing proposed water system in such a way to leave the existing system operational until the proposed system was operational. Project was constructed in 2015.
WATER PRESSURE ZONE PIPELINE INTERCONNECTIONS Elsinore Valley Municipal Water District Contract Amount: $71,900
KWC prepared plans in 2012 for the design of five (5) pipeline interconnections between the former Elsinore Water District (EWD) and EVMWD facilities in order to improve operational efficiencies and redundancy within the water system. The relevant work effort included research of existing water pipelines and utilities within each project area and a field topographic survey of above-ground facilities, potholes and USA markings. The project was constructed on-time and under budget.
SUBCONSULTANT EXPERIENCE
240
VDLA | LANDSCAPE ARCHITECT SERVICES 32
VDLA VAN DYKE LANDSCAPE ARCHITECTS
City of Murrieta RFQ – Landscape Architect Services
Engineering Services
March 25, 2024
5 COTA STREET SEWER REPLACEMENT City of Corona Public Works Department Contract Amount: $28,435
KWC recently finalized plans for the design of a sewer main replacement in Cota Street at River Street in Corona, CA. Work included utility research, base mapping, preliminary alignment study, potholing, preparation of final construction plans, preparation of specifications and a bid sc hedule. The purpose of the project was to provide better capacity for downstream sewer mains for upcoming development projects.
VIA BLAIRO SEWER MAIN PROJECT City of Corona Public Works Department Contract Amount: $10,800
KWC prepared plans for the design of a new 8 -inch gravity sewer main to replace an aging existing lift station and pipeline located on Via Blairo. The new sewer main was designed to tie into the 7 existing sewer laterals and convey flows through easements located on private property to a downstream sewer manhole. The design included steel encasement of the sewer within an existing wash, and abandonment of t he old existing sewer and force main. Our design also included a design of a new diversion manhole to convey a portion of the flows into the new sewer line.
NICHOLS ROAD SEWER PIPELINE PROJECT City of Lake Elsinore Contract Amount: $285,000
KWC prepared the final engineering plans for the 15” sewer main in Nichols Road at Alberhill Ranch Road to the Nichols Road Lift Station near Collier Avenue in Lake Elsinore, CA. Work included utility research, base mapping, preliminary alignment study, and preparation of final constructi on plans, preparation of specifications and a bid schedule. The project was constructed in 2011 prior to Nichols Road construction. KWC worked closely with EVMWD and the developer on phasing, alignments with future pipelines and provided construction support.
EL CERRITO SPORTS PARK BMLA
Contract Amount: $298,760
KWC Engineers was the Engineer-of-Record for the 27-acre park project located near the I-15 freeway and El Cerrito Road in Riverside County. KWC designed the onsite and offsite sewer improvements for this project. KWC actively coordinated the engineering design, plan approvals, and permitting for the offsite improvements with City of Corona, Caltrans District 8, County of Riverside Transportation Department, Riverside County Flood Control and Water Conservation District, other consultants, and various utility companies.
VDLA VAN DYKE LANDSCAPE ARCHITECTS
City of Murrieta RFQ – Landscape Architect Services
Engineering Services
March 25, 2024
5 COTA STREET SEWER REPLACEMENT City of Corona Public Works Department Contract Amount: $28,435
KWC recently finalized plans for the design of a sewer main replacement in Cota Street at River Street in Corona, CA. Work included utility research, base mapping, preliminary alignment study, potholing, preparation of final construction plans, preparation of specifications and a bid sc hedule. The purpose of the project was to provide better capacity for downstream sewer mains for upcoming development projects.
VIA BLAIRO SEWER MAIN PROJECT City of Corona Public Works Department Contract Amount: $10,800
KWC prepared plans for the design of a new 8 -inch gravity sewer main to replace an aging existing lift station and pipeline located on Via Blairo. The new sewer main was designed to tie into the 7 existing sewer laterals and convey flows through easements located on private property to a downstream sewer manhole. The design included steel encasement of the sewer within an existing wash, and abandonment of t he old existing sewer and force main. Our design also included a design of a new diversion manhole to convey a portion of the flows into the new sewer line.
NICHOLS ROAD SEWER PIPELINE PROJECT City of Lake Elsinore Contract Amount: $285,000
KWC prepared the final engineering plans for the 15” sewer main in Nichols Road at Alberhill Ranch Road to the Nichols Road Lift Station near Collier Avenue in Lake Elsinore, CA. Work included utility research, base mapping, preliminary alignment study, and preparation of final constructi on plans, preparation of specifications and a bid schedule. The project was constructed in 2011 prior to Nichols Road construction. KWC worked closely with EVMWD and the developer on phasing, alignments with future pipelines and provided construction support.
EL CERRITO SPORTS PARK BMLA
Contract Amount: $298,760
KWC Engineers was the Engineer-of-Record for the 27-acre park project located near the I-15 freeway and El Cerrito Road in Riverside County. KWC designed the onsite and offsite sewer improvements for this project. KWC actively coordinated the engineering design, plan approvals, and permitting for the offsite improvements with City of Corona, Caltrans District 8, County of Riverside Transportation Department, Riverside County Flood Control and Water Conservation District, other consultants, and various utility companies.
SUBCONSULTANT EXPERIENCE
241
VDLA | LANDSCAPE ARCHITECT SERVICES 33
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Firm Summary
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ŶǀŝƌŽŶŵĞŶƚĂůWůĂŶŶŝŶŐ͕/ŶĐ͘;,
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ƐƚĂďůŝƐŚĞĚŝŶϭϵϵϭĂŶĚǁŝƚŚŽĨĨŝĐĞƐŝŶZŝǀĞƌƐŝĚĞ͕^ĂŶŝĞŐŽ͕KƌĂŶŐĞ͕>ŽƐŶŐĞůĞƐ͕ ^ĂĐƌĂŵĞŶƚŽ͕ĂŶĚWůĂĐĞƌŽƵŶƚŝĞƐ͕ƚŚĞLJƉƌŽǀŝĚĞĂďƌŽĂĚƌĂŶŐĞŽĨĞŶǀŝƌŽŶŵĞŶƚĂůĐŽŵƉůŝĂŶĐĞƐĞƌǀŝĐĞƐ ƚŚƌŽƵŐŚŽƵƚĂůŝĨŽƌŶŝĂ͘HELIX’s technical staff ;ϮϴϴĐŽŵƉĂŶLJǁŝĚĞͿŝŶĐůƵĚĞƐĞŶǀŝƌŽŶŵĞŶƚĂůƉůĂŶŶĞƌƐ͕ ďŝŽůŽŐŝƐƚƐ͕ĂƌĐŚĂĞŽůŽŐŝƐƚƐ͕ƉĞƌŵŝƚƚŝŶŐĂŶĚŚĂďŝƚĂƚƌĞƐƚŽƌĂƚŝŽŶƐƉĞĐŝĂůŝƐƚƐ͕ĂĐŽƵƐƚŝĐƐĂŶĚĂŝƌƋƵĂůŝƚLJͬ ŐƌĞĞŶŚŽƵƐĞŐĂƐ;','ͿƐƉĞĐŝĂůŝƐƚƐ͕ĂƌďŽƌŝƐƚƐ͕ĂŶĚůĂŶĚƐĐĂƉĞĂƌĐŚŝƚĞĐƚƐ͘HELIX’s inͲŚŽƵƐĞƐĞƌǀŝĐĞƐŝŶĐůƵĚĞ ƚŚĞƉƌĞƉĂƌĂƚŝŽŶŽĨĞŶǀŝƌŽŶŵĞŶƚĂůĚŽĐƵŵĞŶƚĂƚŝŽŶĨŽƌĂůŝĨŽƌŶŝĂ ŶǀŝƌŽŶŵĞŶƚĂůYƵĂůŝƚLJĐƚ;
YͿĂŶĚ
EĂƚŝŽŶĂů
ŶǀŝƌŽŶŵĞŶƚĂůWŽůŝĐLJĐƚ;E
WͿĐŽŵƉůŝĂŶĐĞ͖ƚĞĐŚŶŝĐĂůƐƚƵĚŝĞƐĂŶĚĂŶĂůLJƐĞƐĨŽƌďŝŽůŽŐŝĐĂůĂŶĚ ĐƵůƚƵƌĂůƌĞƐŽƵƌĐĞƐ͕ĂŝƌƋƵĂůŝƚLJͬ','͕ĂŶĚŶŽŝƐĞ͖ŵŝƚŝŐĂƚŝŽŶŵŽŶŝƚŽƌŝŶŐĂŶĚĐŽŵƉůŝĂŶĐĞ͖ƌĞŐƵůĂƚŽƌLJ ƉĞƌŵŝƚƚŝŶŐ͖ůĂŶĚƐĐĂƉĞĂƌĐŚŝƚĞĐƚƵƌĞ͖ĂŶĚŶĂƚŝǀĞŚĂďŝƚĂƚƌĞƐƚŽƌĂƚŝŽŶĚĞƐŝŐŶ͕ĐŽŶƐƚƌƵĐƚŝŽŶ͕ĂŶĚ ŵĂŝŶƚĞŶĂŶĐĞ͘,
>/yŚĂƐĞdžƚĞŶƐŝǀĞĞdžƉĞƌŝĞŶĐĞŚĞůƉŝŶŐƉƵďůŝĐĂŶĚƉƌŝǀĂƚĞĐůŝĞŶƚƐĂĐƌŽƐƐĂǀĂƌŝĞƚLJŽĨ ƐĞĐƚŽƌƐĐŽŵƉůLJǁŝƚŚůŽĐĂů͕ƐƚĂƚĞ͕ĂŶĚĨĞĚĞƌĂůĞŶǀŝƌŽŶŵĞŶƚĂůůĂǁƐĂŶĚƌĞŐƵůĂƚŝŽŶƐ͕ŵĂŶĂŐĞŶĂƚƵƌĂůĂŶĚ ĐƵůƚƵƌĂůƌĞƐŽƵƌĐĞƐ͕ĂŶĚĚĞƐŝŐŶĂŶĚĐŽŶƐƚƌƵĐƚƐƵƐƚĂŝŶĂďůĞƉƌŽũĞĐƚƐ͘dŚĞLJĂůƐŽƐƉĞĐŝĂůŝnjĞŝŶŚĂďŝƚĂƚ ƌĞƐƚŽƌĂƚŝŽŶĂŶĚƚŚĞŝŶƐƚĂůůĂƚŝŽŶĂŶĚŵĂŝŶƚĞŶĂŶĐĞŽĨŶĂƚŝǀĞŚĂďŝƚĂƚ͘
,
>/yŝƐĞdžƉĞƌŝĞŶĐĞĚǁŝƚŚƌĞƐŽƵƌĐĞͲďĂƐĞĚůĞŐŝƐůĂƚŝŽŶĂŶĚůĂŶĚĚĞǀĞůŽƉŵĞŶƚƉƌŽĐĞĚƵƌĞƐ͕ĂŶĚŚĂƐĂŶ ĞdžĐĞůůĞŶƚƌĞƉƵƚĂƚŝŽŶĨŽƌƉƌŽǀŝĚŝŶŐƌĞŐƵůĂƚŽƌLJƉĞƌŵŝƚƚŝŶŐƐƵƉƉŽƌƚƉƵƌƐƵĂŶƚƚŽƚŚĞ^ĞĐƚŝŽŶƐϰϬϰĂŶĚϰϬϭŽĨ ƚŚĞĨĞĚĞƌĂůůĞĂŶtĂƚĞƌĐƚ;tͿ͕^ĞĐƚŝŽŶϭϬŽĨƚŚĞZŝǀĞƌƐĂŶĚ,ĂƌďŽƌƐĐƚ;Z,Ϳ͕ĂůŝĨŽƌŶŝĂ&ŝƐŚĂŶĚ 'ĂŵĞŽĚĞ͕ƚŚĞĨĞĚĞƌĂůĂŶĚƐƚĂƚĞ
ŶĚĂŶŐĞƌĞĚ^ƉĞĐŝĞƐĐƚƐ;
^ƐͿ͕ŽĂƐƚĂůŽŶĞDĂŶĂŐĞŵĞŶƚĐƚ
;DͿ͕ĂƐǁĞůůĂƐƚŚĞWŽƌƚĞƌͲŽůŽŐŶĞĐƚ͘dŚĞĨŝƌŵŚĂƐĚŝƌĞĐƚůLJƉĂƌƚŝĐŝƉĂƚĞĚŝŶĂǀĂƌŝĞƚLJŽĨ ƌĞƐŽƵƌĐĞͲŽƌŝĞŶƚĞĚƉĞƌŵŝƚƉƌŽĐĞƐƐĞƐĂŶĚŵŝƚŝŐĂƚŝŽŶƉƌŽŐƌĂŵƉůĂŶŶŝŶŐ͕ŝŶĐůƵĚŝŶŐƉƌŽũĞĐƚƐǁŝƚŚŝŶƚŚĞ ũƵƌŝƐĚŝĐƚŝŽŶŽĨƚŚĞh͘^͘ƌŵLJŽƌƉƐŽĨ
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ĞƉĂƌƚŵĞŶƚŽĨ&ŝƐŚĂŶĚtŝůĚůŝĨĞ;&tͿ͕ĂůŝĨŽƌŶŝĂŽĂƐƚĂůŽŵŵŝƐƐŝŽŶ;Ϳ͕ZĞŐŝŽŶĂůtĂƚĞƌYƵĂůŝƚLJ ŽŶƚƌŽůŽĂƌĚ;ZtYͿ͕ĂŶĚŽƚŚĞƌůŽĐĂů͕ƐƚĂƚĞ͕ĨĞĚĞƌĂů͕ĂŶĚƌĞŐŝŽŶĂůũƵƌŝƐĚŝĐƚŝŽŶƐ͘dŚĞLJŚĂǀĞĞdžƚĞŶƐŝǀĞ ĞdžƉĞƌŝĞŶĐĞŶĂǀŝŐĂƚŝŶŐƚŚĞƐƚĂƚĞĂŶĚĨĞĚĞƌĂůƉĞƌŵŝƚƚŝŶŐƉƌŽĐĞƐƐĞƐƌĞƋƵŝƌĞĚǁŚĞŶŝŵƉĂĐƚƐƚŽǁĞƚůĂŶĚƐŽƌ ŽƚŚĞƌǁĂƚĞƌƐŽĨƚŚĞh͘^͕͘ƐƉĞĐŝĂůͲƐƚĂƚƵƐƐƉĞĐŝĞƐ͕ŽƌƉƌŽƚĞĐƚĞĚͬƌĞŐƵůĂƚĞĚŚĂďŝƚĂƚƐŽĐĐƵƌ͘
HELIX Murrieta Experience
,
>/yŚĂƐƉƌŽǀŝĚĞĚĂƐͲŶĞĞĚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůƐĞƌǀŝĐĞƐƚŽƚŚĞŝƚLJŽĨDƵƌƌŝĞƚĂ;ŝƚLJͿƐŝŶĐĞϮϬϭϴ͕ĂƐƐŝƐƚŝŶŐ ǁŝƚŚĂǀĂƌŝĞƚLJŽĨƉƌŽũĞĐƚƐ͕ŝŶĐůƵĚŝŶŐďŝŽůŽŐŝĐĂůƐƵƌǀĞLJĂŶĚƌĞƉŽƌƚŝŶŐ͕ŵŝƚŝŐĂƚŝŽŶŵŽŶŝƚŽƌŝŶŐĂŶĚƌĞƉŽƌƚŝŶŐ͕ ĂŶĚĞŵĞƌŐĞŶĐLJƉĞƌŵŝƚƚŝŶŐ͘,
>/yŚĂƐďĞĞŶŝŶǀŽůǀĞĚǁŝƚŚƚǁŽƐƵĐĐĞƐƐĨƵůŵŝƚŝŐĂƚŝŽŶƉƌŽũĞĐƚƐ͕ŝŶĐůƵĚŝŶŐ ƚŚĞtŝůƐŽŶƌĞĞŬDŝƚŝŐĂƚŝŽŶWƌŽũĞĐƚĂŶĚƚŚĞ'ƵĂǀĂ^ƚƌĞĞƚƌŝĚŐĞDŝƚŝŐĂƚŝŽŶWƌŽũĞĐƚ͘dŚĞtŝůƐŽŶƌĞĞŬ DŝƚŝŐĂƚŝŽŶWƌŽũĞĐƚŝŶǀŽůǀĞĚƚŚĞŝŶƐƚĂůůĂƚŝŽŶ͕ŵŽŶŝƚŽƌŝŶŐ͕ĂŶĚƌĞƉŽƌƚŝŶŐŽĨĂůůƵǀŝĂůĨĂŶƐĂŐĞƐĐƌƵď ŵŝƚŝŐĂƚŝŽŶŽŶZŝǀĞƌƐŝĚĞŽŶƐĞƌǀĂƚŝŽŶƵƚŚŽƌŝƚLJ;ZͿĐŽŶƐĞƌǀĂƚŝŽŶůĂŶĚĂůŽŶŐtŝůƐŽŶƌĞĞŬŝŶŐƵĂŶŐĂ͕ ĂůŝĨŽƌŶŝĂ͘dŚĞŵŝƚŝŐĂƚŝŽŶŵĞƚĂůůƉĞƌĨŽƌŵĂŶĐĞƐƚĂŶĚĂƌĚƐĂŶĚǁĂƐƐƵĐĐĞƐƐĨƵůůLJƐŝŐŶĞĚŽĨĨƵŶĚĞƌďƵĚŐĞƚ ĂŶĚǁŝƚŚŝŶĨŝǀĞLJĞĂƌƐďLJƚŚĞƌĞƐŽƵƌĐĞĂŐĞŶĐŝĞƐĂŶĚƚŚĞZŝŶϮϬϮϯ͘dŚĞ'ƵĂǀĂ^ƚƌĞĞƚƌŝĚŐĞDŝƚŝŐĂƚŝŽŶ WƌŽũĞĐƚ͕ŝŶĐůƵĚĞĚƚŚĞŝŶƐƚĂůůĂƚŝŽŶ͕ŵŽŶŝƚŽƌŝŶŐ͕ĂŶĚƌĞƉŽƌƚŝŶŐŽĨǁĞƚůĂŶĚĂŶĚƌŝƉĂƌŝĂŶŵŝƚŝŐĂƚŝŽŶĨŽƌƚŚĞ ŝƚLJ͘,
>/yǁĂƐĂůƐŽŝŶǀŽůǀĞĚŝŶƚŚĞƐƵĐĐĞƐƐĨƵůŵŽŶŝƚŽƌŝŶŐĂŶĚƌĞƉŽƌƚŝŶŐŽĨƚŚĞŽĨĨͲƐŝƚĞŵŝƚŝŐĂƚŝŽŶĨŽƌƚŚĞ 'ƵĂǀĂ^ƚƌĞĞƚƌŝĚŐĞDŝƚŝŐĂƚŝŽŶWƌŽũĞĐƚ͘,
>/yůĞĚƚŚĞĞŵĞƌŐĞŶĐLJƉĞƌŵŝƚƚŝŶŐĞĨĨŽƌƚǁŝƚŚ&t͕ZYt͕ ĂŶĚh^
for the City’s Tenaja Fire Emergency Slope Stabilization Project. Most recently, HELIX is ǁŽƌŬŝŶŐĂƐĂƐƵďĐŽŶƚƌĂĐƚŽƌƚŽĂŶĞŶŐŝŶĞĞƌŝŶŐƉƌŝŵĞĨŽƌƚŚĞDĂĚŝƐŽŶǀĞŶƵĞ^ƚƌĞĞƚ/ŵƉƌŽǀĞŵĞŶƚƐ WƌŽũĞĐƚ͘,
>/yŝƐƉƌĞƉĂƌŝŶŐďŝŽůŽŐŝĐĂůƚĞĐŚŶŝĐĂůƌĞƉŽƌƚƐĨŽƌƚŚĞ YĚŽĐƵŵĞŶƚ͕ǁŚŝĐŚŝŶĐůƵĚĞƐ
ĐŽŶĚƵĐƚŝŶŐďŝŽůŽŐŝĐĂůƐƵƌǀĞLJƐ͕ŝŶĐůƵĚŝŶŐĨĂŝƌLJƐŚƌŝŵƉ͕ďƵƌƌŽǁŝŶŐŽǁů͕ĂŶĚũƵƌŝƐĚŝĐƚŝŽŶĂůĚĞůŝŶĞĂƚŝŽŶ͕ĂŶĚ ƉƌĞƉĂƌŝŶŐĚŽĐƵŵĞŶƚĂƚŝŽŶĨŽƌƚŚĞtĞƐƚĞƌŶZŝǀĞƌƐŝĚĞŽƵŶƚLJDƵůƚŝƉůĞ^ƉĞĐŝĞƐ,ĂďŝƚĂƚŽŶƐĞƌǀĂƚŝŽŶWůĂŶ ;D^,WͿ͘
SUBCONSULTANT EXPERIENCE
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VDLA | LANDSCAPE ARCHITECT SERVICES 34
SUBCONSULTANT EXPERIENCE
Michael Huff, Dudek
Mr . Huff leads a team of 13 fire professionals including current and retired fire prevention officers, firefighters, fire protection planners, and fire behavior analy sts. The team works on projects throughout California and this work includes understanding of state and local fire and building codes. Dudek ’s fire protection planning team includes participants on state fire prevention officers code committees and participation in the annual Fire Chiefs Association FPO Institute. Each project we are involved with which span 75% of California Counti es includes gaining an understanding for the locally adopted version of the fire code, development standards, whether Title 14 – Fire Safe Regulations applies, and any other applicable fire standards that may be in effect. Dudek’s fire protection planning team is adept at quickly understanding the applicable fire code requirements and appl ying them to projects to help redesigns as well as formulation of alternative materials and methods requests. 243
References
244
VDLA | LANDSCAPE ARCHITECT SERVICES 36
Mark Hughes, Principal Engineering Technician
Riverside County Transportation & Land Management Agency 4080 Lemon Street, 5th Floor
Riverside, CA 92502
(951) 955-6767
[email protected]
Services Provided: Plan check services, as needed design services | 2007 to present John Wuerth, Recycled Water Program Analyst
Eastern Municipal Water District
2270 Trimble Road
Perris, CA 92570
(951) 928-3777
[email protected]
Services Provided: Plan check services & consulting | 2006 to 2009 & from 2012 to present Tina York, Director of National Civil Plan Checking
HR Green, Inc.
1260 Corona Pointe Ct #305
Corona, CA 92879
(951) 255-3478
[email protected]
Services Provided: Plan check services for the city of Jurupa Valley | 2014 to present
REFERENCES
References
245
Schedule
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VDLA | LANDSCAPE ARCHITECT SERVICES 38
SCHEDULE
Schedule
Assignment Receipt and Initial Review
Upon receiving the assignment, VDLA will conduct an initial assessment of the landscape and irrigation plans to outline key areas for detailed examination and verify applicant’s package has all pertinent information i.e. precise grading plans, specific plans, conditions of approval, etc.
Weekly Meeting Preparation
VDLA will compile preliminary findings and prepare questions or clarifications to discuss with City staff and applicants.
Design Review Committee Meeting (via Teleconference)
VDLA will attend the weekly Design Review Committee meeting with City staff to discuss initial findings, seek clarifications, and gather additional insights that may influence the review process.
Meetings with Applicants and Staff (via Team/Zoom Teleconference) Participate in detailed discussions with applicants and City staff to address any concerns, propose adjustments, and ensure that all parties are aligned with the necessary revisions or confirmations.
In-depth Review
Utilizing insights from City meetings, our team will conduct a comprehensive review of the plans, focusing on compliance with the City of Murrieta Municipal Code, Murrieta Development Code (Title 16), and related regulations.
Finalize Written Comments
Based on the detailed review and discussions with City staff and applicants, VDLA will finalize our written comments, ensuring that they are clear, actionable, and conducive to the project’s advancement within the parameters of local and state regulations.
Submission of Completed Written Comments (via Electronic Format) Deliver our comprehensive written comments to the City via electronic format, adhering to the 10-day review period commitment. This document will include all necessary feedback, recommendations, and clarifications to assist the City and applicants in refining the landscape and irrigation plans for approval.
Day 1
Weekly
As-Needed
Days 2-3
Days 4-6
Days 7-9
Day 10
We have developed the below schedule to encompass the City’s requested 10-day review period for landscape and irrigation plans. VDLA will attend all required meetings with City staff and applicants. Exact dates will vary by assignment, but VDLA will meet all timeframes required by the City. 247
Quality Assurance
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QUALITY ASSURANCE
Quality Assurance & Control
VDLA provides personalized, high quality service and well-coordinated work products and deliverables that are checked internally at multiple levels, prior to submission to the City. This includes Subconsultant documents. As part of the firm’s procedures to ensure well-coordinated and complete documents, our quality control system utilizes internal plan checking at all levels: conceptual, design development, final contract documents and post construction evaluation. Our program minimizes or eliminates conflicting information between disciplines and ensures that the highest quality documents possible are delivered to the client on time and within budget.
Our quality control system includes a multi-level approach. Prior to a schedule milestone or due date, an internal “plan check” date is established. The VDLA production and support staff, and all team subconsultants, are directed to provide the assigned VDLA Project Manager with a PDF set of the deliverable documents.
1. The VDLA Project Manager creates a ‘Bluebeam session’ where all internal plan check comments are made in Bluebeam Revu software. (In certain cases the reviews are made on physical prints.) Required correction or revision comments are indicated in red on either the Bluebeam document or on the check prints.
2. When production and support staff (including subconsultants) make corrections to the electronic documents, a blue-coded shading is placed on the redline comment on the Bluebeam check file, indicating that the correction has been made. Corrections or revisions on a new/clean PDF set are then reviewed again by the Project Manager to verify all items were picked up. The Project Manager changes all verified comments to a purple-coded shading on the PDF/Bluebeam check set to indicate that the documents have essentially been double checked.
3. The deliverables are then reviewed by the designated VDLA Quality Control Principal to provide a third level of review. This provides multiple levels of experience and a high quality standard of care review. 249
Appendix
250
VDLA | LANDSCAPE ARCHITECT SERVICES 42
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $
COMBINED SINGLE LIMIT $(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
8/24/2023
License # 0E67768
(619) 788-5795 50206 (619) 574-6288
13056
Van Dyke Landscape Architects
462 Stevens Ave., Suite 107
Solana Beach, CA 92075
11150
A 2,000,000
X X PSB0002408 9/1/2023 9/1/2024 1,000,000
Cont Liab/Sev of Int 10,000
2,000,000
4,000,000
4,000,000
Ded 0
2,000,000A
X PSB0002408 9/1/2023 9/1/2024
No Co. Owned Autos
2,000,000A
PSE0001746 9/1/2023 9/1/2024 2,000,000
0 A
X PSW0002143 9/1/2023 9/1/2024 1,000,000
1,000,000
1,000,000
B Prof Liab/Clms Made PAAEP0102805 9/1/2023 Per Claim 2,000,000 B Ded.: $10k Per Claim PAAEP0102805 9/1/2023 9/1/2024 Aggregate 4,000,000 Forestar USA Real Estate Group is Additional Insured with respect to General/Hired & Non-Owned Auto Liability per the attached endorsement as required by written contract. Insurance is Primary and Non-Contributory.
Forestar USA Real Estate Group
2221 E. Lamar Blvd. Suite 620
Arlington, Texas 76006
VANDYKE-03 MCCOWANA
IOA Insurance Services
4370 La Jolla Village Drive
Suite 600
San Diego, CA 92122
Ali Smith
[email protected]
RLI Insurance Company
Arch Insurance Company
X
9/1/2024
X
X
X
X
X
X
X
X
X
X
INSURANCE
Insurance shall not be materially changes, terminated, or allowed to expire except on thirty (30) days prior written notice from the City. Insurance will be maintained from the time work commences until completion of the work. 251
VDLA | LANDSCAPE ARCHITECT SERVICES 43
to enter into this Agreement. Therefor e, without express written approval of City, Consultant shall not contract with any ot her City to perform in whole or in part services required hereunder without expre ss 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.
5. INSURANCE AND INDEMNIFICATION
Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Consultant’s indemnif ication 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.
Indemnification.
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 actu al or threatened, any and all actions, either judicial, administrative, arbitration or regulato ry 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 i nvitees, or any individual or City for which Consultant is legally liable (each an “ Indemnitor” and collectively, “Indemnitors”), or arising from Indemnitors’ reckless or willful misconduc t, or arising from Indemnitors’ negligent performance of or failure to perform any ter m, provision, covenant or condition of this Agreement, and in connection therewith: 1) Consulta nt 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, incl uding 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.
Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive terminati on of this Agreement.
Consultant shall incorporate similar indemnit y 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 Ci ty Parties (collectively “City” for solely this Section 5.3(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 c laims 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 reasonable
EXCEPTIONS
Exceptions
We request that the following changes be made to the agreement language:
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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 aris es 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 absenc e of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.
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 a nd all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the ne gligence, 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 pa rt by the Design Professional. The City agrees that in no event shall the cost to defend char ged 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.
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 Indemn itees against, and will hold and save them and each of them harmless from, whet her 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, error or omission, or reckless or will ful misconduct of Indemnitors in the performance of professional services under this Agreement.
6. RECORDS, REPORTS AND RELEASE OF INFORMATION
Records. Consultant shall keep, and require subc ontractors 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 r ecords 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 thre e (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 in accord with Calif
Civil Code 2782.8,
2782.8
EXCEPTIONS
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VDLA | LANDSCAPE ARCHITECT SERVICES 45
Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations unde r this Agreement, City may, after compliance with the provisions of Secti on 7.3, take over the work and prosecute the same to completion by contract or othe rwise, and Consultant shall be liable to the extent that the total cost for comp letion of the service s required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City therefor.
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 Ci ty 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, i ndemnify, and protect City as elsewhere provided herein.
Waiver. Waiver by any Party to this Agreement of any term, conditi on, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Pa rty of any breach of the provisions of this Agreement shall not constitute a waiver of any othe r 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. Consul tant 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 Agre ement shall not be deemed to waive any defects in work performed by Consultant.
Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in th is 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.
EXCEPTIONS
254
Van Dyke Landscape Architects, Inc. (VDLA)
462 Stevens Avenue, Suite 107, Solana Beach, CA 92075-2042 Tel: (619) 294-8484 | Fax: (619) 574-0626 | E-mail: [email protected] | Web: vdla.us Principals: Yale Hooper, CID, CLIA | Denise Armijo, ASLA | Brett Allen, ASLA, CA LLA #6595, CID, CLIA, RWSS | Mitch Phillippe, CA LLA #3781
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CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No. 7.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: Renée Santos, Administrative Assistant - Engineering SUBJECT:
Approval of Purchase Order with HR Green Pacific, Inc. for On-Call Plan Check Engineering Services
RECOMMENDATION
Approve a purchase order with HR Green Pacific, Inc. for On-call Plan Check Engineering services for Fiscal Year 2024/25, for an amount not to exceed $200,000 from the Engineering General Fund; and Authorize the City Manager to execute the purchase order on behalf of the City.
PRIOR ACTION/VOTE
On June 20, 2023, the City Council authorized entering into an Agreement for miscellaneous on-call consulting services with HR Green Pacific, Inc. (Vote: 4-0-1).
CITY COUNCIL GOAL
Plan, program and create infrastructure development.
BACKGROUND
On June 20, 2023, the City Council approved an on-call engineering plan check services Agreement with HR Green Pacific, Inc. (HR Green). The Agreement expires June 30, 2026, with an option to renew for up to three (3) additional one (1) year terms. HR Green has been providing ongoing plan check services under the current on-call Agreement.
The proposed purchase order will provide plan check services, provided in accordance with the scope of services outlined in HR Green’s on-call plan check services agreement. Services generally include plan checks for the following items:
· Street Improvement Plans;
· Grading Plans;
· Final Parcel and Tract Maps;
· Dedications, Easements, Vacations, Quitclaims, Parcel Map Waivers, and Parcel Mergers; CITY OF MURRIETA Printed on 6/13/2024Page 1 of 2
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6/18/2024
Agenda Item No. 7.
· Lot Line Adjustments; and
· Water Quality Management Plans.
Service and Term Purchase Order Value
Plan Check Engineering Services 7/1/2024 through 6/30/2025 $200,000* *The purchase order value is based on the available budget for Fiscal Year 2024/25. Based on needed services, additional funding may be requested later.
FISCAL IMPACT
Funding for Plan Check services is available in the Fiscal Year 2024/25 Operating Budget for Engineering (1106120-60600).
ENVIRONMENTAL IMPACT
None.
ATTACHMENTS
1. 2023 On-Call Agreement with HR Green Pacific, Inc.
CITY OF MURRIETA Printed on 6/13/2024Page 2 of 2
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AGREEMENT BETWEEN THE CITY OF MURRIETA
AND
HR GREEN PACIFIC, INC.
This Agreement (“Agreement”), made this 20th day of June, 2023, 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 HR GREEN PACIFIC, INC., a California Corporation ("CONSULTANT") 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 consultant agreements under the provisions of California Government Code section 53060.
C. CITY desires or is in need of Engineering Plancheck services .
D. CONSULTANT has special knowledge, experience and facilities for accomplishing the above design or engineering services.
E. CITY now desires to retain CONSULTANT to accomplish the abov e design or engineering services, and CONSULTANT is willing to be so retain ed 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 CONSULTANT
1.1 CONSULTANT shall undertake to carry on the scope of service s as listed in the attached Scope of Services (refer to Exhibit “A”), which is att ached 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 Agr eement, 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 CONSULTANT 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 CONSULTANT acknowledges that no level of work is guarantee d. Assignments will be determined on an as-needed basis for which purchase ord ers will be issued based on services required and CONSULTANT’s fee schedule (refer to Exhib it “B”), which is attached to and made a part of this Agreement.
258
1.3 Representations. CONSULTANT will perform the services set o ut in this Agreement, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing sim ilar services. It is understood that CITY, in entering into this Agreement, is relying on CONSU LTANT’s representations for quality and professional work performed in a timely manner, and CONSULTANT shall perform in accordance with those representations and standards.
1.4 Monthly Written Reports. The Project Manager of CONSULTANT shall prepare and submit to the Assistant City Manager a monthly written repo rt specifying the activities of CONSULTANT pursuant to this Agr eement. CONSULTANT shall prepar e the monthly written report in a format acceptable to the CITY. CONSULTANT 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/her designee, to adm inister CITY’s rights under this Agreement, and to review the work performed by CONSULTANT pursuant to the scope of services.
2.2 CONSULTANT shall keep the City Manager, CITY’s representati ve, or his/her 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 part ies hereto, and any notice desired or required to be sent to a party hereunder shall be addressed, as follows:
For CITY: Jeffrey J. Hitch, Principal Civil Engineer
Address: City of Murrieta
O n e T o w n S q u a r e
Murrieta, CA 92562
Phone: (951) 461-6065
Facsimile: (951) 461-6049
For CONSULTANT: George Wentz
V i c e P r e s i d e n t a n d P r i n c i p a l - i n - C h a r g e CONSULTANT: HR Green Pacific, Inc.
Address: 1260 Corona Pointe Court, Suite 305
Corona, CA 92879
Phone: (855) 900-4742
Facsimile: N/A
3. TERM
3.1 The services called for under this Agreement shall be provi ded by CONSULTANT during the period commencing upon execution of this Agreement and shall continue through June 30, 2026. This Agreement may renew for up to three (3) additional one (1) year terms based on satisfactory performance of the services called for in the Agreement, at the discretion of the City Manager at least thirty (30) days written notice prior to the e xpiration of the initial term or any subsequent annual renewal.
259
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 CONSULTANT
4.1 Consideration. In consideration of the services to be perf ormed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT for hours worked at the hourly rates specified in the CONSULTANT’S rate and fee schedule in Exhibit “B”. The specified hourly rates include direct salary costs, employee benefits, overhead, and fee.
The CITY also agrees to pay CONSULTANT for incurred direct costs other than salary costs, and other costs that are identified in Exhibit “A”. The total amou nt 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. CONSULTANT shall accept such sums as full compensation for the services listed on each individual purchase order. The rates on Exhibit “B” may be adjusted at the beginning of each fiscal year up to the amount of change in the Consumer Price Index, not to exceed five percent (5%).
4.2 Additional Services. If CITY desires any additional service s (“Additional Services”), CONSULTANT may, upon written request by the CITY, f urnish a proposal including an itemized statement of the estimated cost of the Additional Services thereof, and the CITY may modify or alter 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, altered or rejected. Upon the written approval of any Additional Services including costs by CONSULTANT and CITY, CONSULTANT shall perform the Additional Services and CITY will pay to CONSULTANT the cost of the Additional Services as agreed in writing. All mone y due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said claims, and certified by proper officers of CONSULTANT.
4.3 Payments. CONSULTANT shall submit monthly invoices to the C ITY for CONSULTANT’s services rendered, in accordance with the schedule of tasks and charges attached as Exhibit “B”, not to exceed the amount of the City issued purchase order. Payment of CONSULTANT’s fee shall be made in accordance with CITY’s normal schedule for issuance of checks. CONSULTANT agrees and acknowledges that it is CONSULTANT’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.
5. STATUS OF CONSULTANT
5.1 Independent Contractor. It is understood and agreed that C ITY is interested only in the results obtained from service hereunder and that CONSULT ANT shall perform as an independent contractor with sole control of the manner and mean s of performing the services required under this Agreement. CONSULTANT shall complete this Agreement according to its own methods of work which shall be in the exclusive charge and control of CONSULTANT and which shall not be subject to control or supervision by the CIT Y, except as to the results of the work. CONSULTANT is, for all purposes arising out of this Agre ement, an independent contractor, and neither CONSULTANT, nor its employees, agents, or representatives shall be deemed an employee of the CITY for any purpose.
5.2 Employee Benefits. CONSULTANT shall be responsible for all salaries, payments, insurance and benefits for all of its officers, agents, representatives and employees in performing
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services pursuant to this Agreement. It is expressly understood and agreed that CONSULTANT 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. CONSULTANT agrees to proc ure and maintain in full force and effect Workers' Compensation Insuran ce covering its employees and agents while these persons are participating in the activities hereunder, as provided in Section
6.1.2 of this Agreement.
5.4 Prevailing Wages. Pursuant to 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 Dire ctor 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 su ch 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
CONSULTANT shall not begin the services under this Agreement until it has: (a) obtained, and upon the CITY's request, provided to the CITY, insurance ce rtificates reflecting evidence of all insurance required in this Section 6; however, CITY reserve s the right to request, and CONSULTANT shall submit, copies of any policy upon reasonable request by CITY; (b) obtained CITY approval of each company or companies as required by Secti on 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 Ag reement, CONSULTANT shall maintain insurance coverage as follows:
6.1.1 Commercial General Liabilit y. Commercial General Liabil ity (CGL) Insurance written on an occurrence basis to protect CONSULTANT and CITY against liability or claims of liability which may arise out of this Ag reement in the amount of One Million Dollars ($1,000,000) per occurrence and subject to an a nnual aggregate of One Million Dollars ($1,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability.
6.1.2 Workers' Compensation. For all of CONSULTANT’s employees who are subject to this Agreement and to the extent required by applica ble state or federal law, CONSULTANT shall keep in full force and effect a Workers' Compe nsation policy. That policy shall provide employers' liability coverage as required by applicable state and/or federal Workers’ Compensation laws, and CONSULTANT shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected
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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 CONSULTANT participating under this Agreement, CONSULTANT agrees to defend and indemnify the CITY from such claim.
6.1.3 Professional Liability. For all of CONSULTANT’s employees w h o a r e subject to this Agreement, CONSULTANT shall keep in full force and effect Professional Liability coverage for professional liability with a limit of O ne Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) annual aggregate . CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of services under this Agreement; and (2) the policy will be maintained in force for a period of four years after termination of this Agreement or substantia l completion of services under this Agreement, whichever occurs last. CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss.
6.1.4 Automobile Liability. Limits shall be no less than $1,000 ,000 per accident, combined single limit. If CONSULTANT owns no vehicles, this re quirement may be satisfied by a non-owned auto endorsement to the general liability policy described above.
If CONSULTANT or CONSULTANT’s employees will use personal autos in any way on this project, CONSULTANT shall obtain evidence of personal auto liability coverage for each such person.
6.2 Insurer Requirements. All insurance required by express pro vision 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 t o 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 policy shall be the re sponsibility of CONSULTANT and shall be disclosed to CITY at the time the evidence of insurance is provided.
6.4 Specific Provisions Required. Each policy required under t his Section 6 shall expressly provide, and an endorsement shall be submitted 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 writt en notice (10 days for cancellation due to non-payment of premium) of cancellation, ma terial reduction, or non-renewal of the policy or policies. Additionally, the CGL p olicy 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. CONSULTANT’s liabiliti es, including, but not limited to, CONSULTANT’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 CONSULTANT’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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7. AUDIT AND INSPECTION OF RECORDS
At any time during CONSULTANT’s normal business hours and as of ten as CITY may deem necessary, and upon reasonable notice, CONSULTANT shall ma ke 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. CONSULTANT will permit CITY to audit and to make audits of all invoices, materials, payrolls, records of personnel and other data related to all ma tters covered by this Agreement.
All material referenced in this Section, including all pertinen t cost accounting, financial records, and proprietary data, must be kept and maintained by CONSULTANT for a period of at least four (4) years, or for the period required by law, whichever is grea ter, after completion of CONSULTANT’s performance hereunder, unless CITY’s written permission is given to dispose of same prior to that time.
8. CONFIDENTIALITY A ND USE OF INFORMATION
8.1 Except as otherwise provided by law, all reports, communica tions, documents and information obtained or prepared by CONSULTANT respecting matte rs covered by this Agreement shall not be published without prior written consent of City Manager or his designees, nor shall CONSULTANT issue any news releases or publish informa tion relating to its services hereunder without the prior written consent of the City Manager . CONSULTANT 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 CONSULTANT shall advise CITY of any and all materials used, or recommended for use, by CONSULTANT to achieve the project goals that are su bject to any copyright restrictions or requirements. In the event CONSULTANT shall fa il to so advise CITY and, as a result of the use of any programs or materials developed by CON SULTANT under this Agreement, CITY should be found in violation of any copyright r estrictions or requirements, CONSULTANT agrees to indemnify and hold harmless CITY against any action or claim brought by the copyright holder.
8.3 Ownership of Records. All records created by the CONSULTANT s h a l l become the property of the CITY and shall be subject to state l aw and CITY policies governing privacy and access to files. The CITY shall have access to and the right to examine all books, documents, papers and records of the CONSULTANT involving transactions and work related to this Agreement. The CONSULTANT 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 addres s ed to t he p a rt y to w ho m the notice is directed, or (c) via facsimile transmission (with proof of confirmation by sender). Service 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 thi s Agreement, the addresses of the
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parties are as set forth in Section 2 above.
10. TERMINATION FOR CAUSE
10.1 CITY may terminate this Agreement upon giving of written n otice of intention to terminate for cause. Cause shall include: (a) a material viol ation of any of the covenants, agreements, or stipulations of this Agreement by CONSULTANT, (b) CONSULTANT, through any cause, failing to fulfill in a timely and proper manner its obligations under this Agreement, (c) any act by CONSULTANT exposing CITY to liability to others for personal injury or property damage, or (d) if CONSULTANT is adjudged bankrupt, CONSULTANT makes a g eneral assignment for the benefit of creditors, or a receiver is appointed on account of CONSULTANT’s insolvency.
Written notice by CITY of termination for cause shall contain t he 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 cease, o r satisfactory arrangements for the correction thereof be made, this Agreement shall cease and term inate on the effective date specified in the written notice by CITY.
10.2 In the event of such termination, CONSULTANT 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 m ade, as determined by CITY, not to exceed the amount payable herein, and CONSULTANT expressly waives any and all claims for damages or compensation arising under this Agreement in the e v e n t o f s u c h te r m i n a t i o n , 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 CONSULTANT 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 , CONSULTANT shall be entitled to receive compensation for any satisfactory work comp leted up to the receipt by CONSULTANT of notice of termination, less any payments theretof ore 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, CONSULTANT 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 City Manager de termines are necessary to be completed by CONSULTANT 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 CONSULTANT shall be delivered to the City Manager, upon his request, as property of CITY.
13. DEFENSE AND INDEMNIFICATION
13.1 Indemnity for Professional Liability. Except for the sole negligence or willful misconduct of CITY, CONSULTANT shall, to the fullest extent per mitted by law, hold harmless,
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protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council and each member thereof, its officers, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expe nses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent, reckless or wrongful acts, errors or omission s of CONSULTANT in the performance of the professional services under this Agreement a nd those of CONSULTANT's sub-consultants or anyone for whom CONSULTANT is liable regardl ess of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder.
13.2 Indemnity for Other than Professional Liability. With resp ect to operations other than the performance of the professional services under this Agreement, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, de fend (with attorneys approved by CITY) and indemnify the CITY, its council, and each member ther e o f , i t s o f f i c e r s , a g e n t s , employees, representatives and their successors and assigns, fr o m a n d a g a i n s t a n y a n d a l l losses, liabilities, claims, suit damage, expenses and costs in cluding 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 of CONSULTANT, its officer s, employees, representatives, subcontractors, or agents under this Agreement regardless of whether or not such claim, loss or liability is caused, in part by a party ind emnified hereunder. CONSULTANT shall have no obligation, however, to defend or indemnify CITY if it is determined by a court of competent jurisdiction that such Claim was caused by the sole n egligence or willful misconduct of CITY.
13.3 General Indemnity Provisions. This indemnity is in additi on 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 indemnifi ed hereunder, CITY may, at its sole discretion, reserve, retain or apply any monies due to CONSULTANT under this Agreement for the purpose of resolving such claims; provided however, that CITY may release such funds if CONSULTANT provides CITY with reasonable assurances of protecti on of the CITY's interest.
The CITY shall, in its sole discretion determine whether such assurances are reasonable.
CONSULTANT agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the performance of services under this Agr eement by CONSULTANT, its officers, agents, representatives, employees, sub-consultants, or anyone for whom CONSULTANT is liable and that an adjudication of CONSULTANT's l iability is not a condition precedent to CONSULTANT's duty to defend.
14. CONFLICT OF INTEREST
CONSULTANT 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.
14.1 Prior to execution of this Agreement, CONSULTANT shall dis close in writing to CITY any and all compensation, actual or potential, which CONSU LTANT may receive in any form from a party other than CITY as a result of performance of this Agreement by CONSULTANT.
If CONSULTANT becomes aware of the potential for such compensat ion subsequent to the execution of this Agreement, CONSULTANT shall disclose such com pensation within three (3) working days of becoming aware of the potential for such compensation.
14.2 Prior to or concurrent with making any recommendation of a ny products or service
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for purchase by the CITY, CONSULTANT shall disclose any financial interest that CONSULTANT may have in any manufacturer or provider of the recommended pro ducts or services. The term “financial interest” includes, but is not limited to, employment (current or prospective) or ownership interest of any kind and degree.
14.3 CONSULTANT shall not conduct business for third parties wh ich may be in conflict with CONSULTANT’s responsibilities under this Agreement. CONSULTANT may not solicit any business during the term of this Agreement which conflicts with its responsibilities under this Agreement. CONSULTANT shall provide no services for any privat e client within the corporate boundaries or sphere of influence of CITY during the period of t h i s A g r e e m e n t w h i c h m a y 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 an y other person or entity for any purpose, except for those certain subconsultants specifically i ncluded in the attached “Scope of Services”) by CONSULTANT without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assignment or novation) by CONSULTANT without the express written consent of CITY, and without such consent a ll services hereunder are to be performed by CONSULTANT, its officers, agents and employees. H owever, claims for money due or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without suc h approval. Notice of such assignment or transfer shall be furnished promptly to CITY. An y assignment requiring approval may not be further assigned without CITY approval.
16. SURVIVAL
CONSULTANT’s representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement.
17. COMPLIANCE WITH APPLICABLE LAWS
CONSULTANT agrees to comply with all federal, state and local l aws, rules, regulations and ordinances that are now or may in the future become applica ble to CONSULTANT, CONSULTANT’s business, equipment and personnel engaged in activ ities covered by this Agreement or arising out of the performance of such activities.
18. PERMITS/LICENSES
CONSULTANT and all of CONSULTANT’s employees or agents shall se cure 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
CONSULTANT 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, CONSULTANT certifies and agrees that all persons employed by CONSULTANT, its affiliates, subsidiaries and related
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entities, if any, will be treated equally by CONSULTANT, withou t unlawful discrimination 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 b een 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 b een 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 Fed eral Equal Employment Opportunity Commission, or successor agency, that CONSULTANT has violated state or federal anti-discrimination laws relativ e to this Agreement shall const itute a finding by CITY that CONSULTANT has violated the anti-discrimination provisions of this Agreement.
20. NON-WAIVER
The failure of CITY or CONSULTANT to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this Agreement s hall 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 CONSULTANT of compensation under this Agreement shall not be deemed to waive CITY’s rights or CONSULT ANT’s rights contained in this Agreement.
21. SEVERABILITY
If any term, condition or provision of this Agreement is held b y a court of competent jurisdiction to be unenforceable, invalid, or void, the remaini ng 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 understa nding or agreement with respect to the services contemplated, and may be amended only b y 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.
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26. BINDING AGREEMENT
This Agreement is intended to be binding on the parties and the ir respective successors and assigns.
27. NUMBER
The plural shall include the singular, and the singular shall i nclude 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 ta ken 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.
CITY OF MURRIETA HR GREEN PACIFIC, INC.
_____________________________
Lisa DeForest, Mayor _____________________________
Name/title of signatory [please print]
_____________________________
Signature
ATTEST:
_____________________________
Name/title of signatory [if necessary]
_____________________________
Cristal McDonald, City Clerk
_____________________________
Signature
APPROVED AS TO FORM:
_____________________________
Tiffany Israel, City Attorney
NOTE: If this Agreement involves a corporate party, the corporation must be represented by two individuals as follows: (A) one from the corporation’s “Operati onal Group” (Chair of the Board, President or a Vice-President) and; (B) one from the corporation’s “Financial Group” (Secretary, Assistant Secretary, Chief Financial Officer or an Assistant Tr easurer). See California Corporations Code section 313.
ETA
__________________________________________________________ _ ayor
E
__
a
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EXHIBIT A
Scope of Services
SCOPE OF WORK FOR ENGINEERING PLAN CHECK SERVICES
1. CONSULTANT’S OBLIGATIONS
a. General
i. These procedures may be modified as deemed necessary when mutually agreed upon.
ii. Pick up submittal packages and deliver completed plan check packages to and from the City office on a schedule acceptable to the City Engineer.
Send corrections to and receive resubmittals from the applicant directly. (Initial submittals and fee payments by the applicant are made at the City office.)
b. In checking of IMPROVEMENT PLANS, Consultant shall perform the following work for each project.
i. Examine plans, tour the site in the field and become familiar with general concepts as proposed by the project applicant for access and drainage facilities.
ii. Determine if the plans are in conformance with applicable conditions of approval and any approved tentative map.
iii. Check hydrology and hydraulic calculations, and the design of any storm drain system.
iv. Review drainage report for analysis of drainage patterns (diversions, concentrations, increased flow), potential for damage to offsite property and proposed mitigation measures.
v. Determine requirements for any off-site easements and whether they have been obtained.
vi. Determine any encroachments on adjacent property and determine whether notarized permission letters have been obtained. vii. Check stopping sight distance, horizontal radius, and vertical curves on streets as applicable.
viii. Check traffic related plans including signing and striping, traffic signals, and traffic control plans, as applicable.
ix. Determine that the plans as submitted are in conformance with the Murrieta Municipal Code, the City of Murrieta Standard Plans ando t h e r
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applicable standards used by the City.
x. Determine that the improvement plans are in conformance with the approved grading plan and final map, if applicable to the project. A copy of the grading plan and final map will be furnished with the improvement plans.
xi. Determine that the plans comply with the City’s Improvement Plan Checklist.
xii. Review the quantities and cost estimate for reasonableness to determine fees and bond amounts.
xiii. Provide the City with a completed checklist and written certification that the plans are complete and accurate, and are in conformance with applicable City Codes, Standards, and written policies, that they are consistent with any grading plans, final map, and any other adjacent improvement documents furnished by the City.
xiv. Verify that all conditions for approval have been satisfied and permits may be issued for construction. This shall include, but is not limited to the following:
1. All communication with applicant/engineer.
2. Streetlights are shown on the improvement plans in accordance with City Standards.
3. Mylars are in accordance with City requirements. (Mylars are approved by the City Engineer.)
4. Prepare Improvement Agreements. Transmit the Agreements and security forms to applicant/engineer.
5. Calculate permit, inspection, and record retention fees.
6. All securities are processed per the City Secured Agreement Processing Manual.
c. In checking of GRADING PLANS Consultant shall perform the following:
i. Examine plans, become familiar with the general concept as proposed by the project applicant. View the site if associated with an improvement plan submittal, or if necessary, for adequate review.
ii. Determine if the plans are in conformance with applicable conditions of approval and any approved tentative map.
iii. Determine if the general format for the plan is in conformance with City of Murrieta requirements.
iv. Compare the grading plan with the recommendation in the soils report
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provided and check that the specifications and details in the soils report are included in the plans. If applicable, check with City’s Geotechnical Engineer for comments on applicant soils report and check for compliance with Geotechnical Engineer requirements.
v. Compare the grading plan with the grading shown on any approved tentative map or approved plot map.
vi. Compare the grading plan with the improvement plans for the project. vii. Compare the grading plan with the approved environmental information. viii. Determine that the plans comply with the City’s grading plan checklist. ix. Determine adequacy of horizontal and vertical site distance; cross check this with improvement plans.
x. Check hydrology and hydraulic calculations, and the design of the drainage system.
xi. Review drainage report for analysis of drainage patterns (diversions, concentrations, increased flow), potential for damage to offsite property and proposed mitigation measures. Check for adequate capacity of brow ditches and down drains.
xii. Check for non-erosive velocities at point of discharge or adequate energy dissipation. Check sumps for overflow escape.
xiii. Review erosion control measures and check for conformance with applicable codes, the City’s Grading Manual, the City’s Erosion Control Standard Plan and NPDES requirements.
xiv. Determine any encroachments on adjacent property and determine whether notarized permission letters have been obtained. xv. Provide the City with a completed checklist and a written certification that the plans are complete and technically correct, and are in conformance with applicable City Codes, Standards, and written policies, and that they are consistent with any improvement plans, final map, and other adjacent improvement documents furnished by the City.
xvi. Verify that all conditions for approval have been satisfied and permits may be issued for construction. This shall include, but is not limited to:
1. All communication with applicant/engineer.
2. Approval from project planner for conformance with conditions for approval.
3. Mylars are in accordance with City requirements. (Mylars are approved by City Engineer.)
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4. Calculate inspection fees, other fees, and bond amounts.
5. Prepare Grading and Erosion Control, and Improvements Agreements.
6. Transmit the Agreement and security forms to applicant/engineer.
7. Agreements and securities are processed in accordance with the City Secured Agreement Processing Manual and Grading Manual.
8. Obtain a grading permit number from City staff and provide the number to the applicant.
d. In checking of FINAL & PARCEL MAPS, Consultant shall perform the following:
i. Determine that the map is in conformance with applicable conditions of approval and the approved tentative map.
ii. Check that the format is in compliance with the City of Murrieta Development Code requirements.
iii. Check Title Report and Subdivision Guarantee and verify that all easements are noted on the map, the legal description conforms with the map, and all parties required to sign the map have done so. iv. Check all easements to which the lots are subject, including use and reference if already of record.
v. Check legal descriptions and plats for any off-site easements; check ownership against title reports and prepare deed in conformance with City format as provided for in the fee schedule for easement dedications. vi. Determine compliance with City’s final map checklist. vii. Determine need for any other affidavits, certificates, acknowle dgements, endorsements, and notary seals as required in addition to those shown on the checklist.
viii. Determine that map is in conformance with provisions of the Land Surveyor’s Act and the Subdivision Map Act.
ix. Provide the City with a completed checklist and a written certification that the map is complete and technically correct and is in conformance with applicable City Codes, Standards, and written policies; that is consistent with any other adjacent improvement documents furnished by the City. x. Verify that all conditions for approval have been satisfied and maps may be transmitted by the City Clerk to the County Recorder. This shall include, but is not limited to:
1. All communication with the applicant/engineer.
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2. Notification to applicant/engineer that approval is required from (1) project planner, and, if applicable, (2) Parks Director for conditions related to CSA 143.
3. Verify notation of monuments to be set prior to recordation.
4. Calculate applicable fees (road and bridge benefit, area drainage, monument inspection and record retention) and notify
applicant/engineer.
5. Determine payment of, or prepare agreements for deferral of, road and bridge benefit and area drainage fees, and deferred monumentation.
6. All securities and agreements are processed in accordance with City Secured Agreement Processing Manual. Obtain City
Attorney’s signature on agreements.
7. City Surveyor signs map.
e. In checking of DEDICATIONS, EASEMENTS, VACATIONS, QUITCLAIMS, PARCEL MAP WAIVERS and PARCEL MERGES Consultant shall perform the following:
i. Determine that the result of this action will be in conformance with applicable standards, conditions of approval and approved tentative map, if any.
ii. For vacations, determine that the requirements of the City’s Vacation Procedure memorandum are met.
iii. Determine compliance with City’s Easement Dedication/Quitclaim. iv. Vacation Review Checklist.
v. Check that the format is in compliance with City requirements. vi. Check for agreement with title report.
vii. Check traverse calculations for acceptable closure. (Traverse calculations shall be the same precision as the description, i.e., “map check” format). viii. Check for agreement between the description, plat, and traverse calculations.
ix. Verify completeness of the plat, including that all courses, calls, and references in the text of the description are shown.
x. For dedications, prepare subordination agreement when the title report indicates any financial encumbrance on the property.
xi. Provide the City with a completed checklist and a written certification that
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the documents (description, plat, deed, other) are complete and technically correct and are in conformance with applicable City codes standards, and written policies.
xii. Verify that all conditions for approval have been satisfied and documents may be transmitted by the City Clerk to the County Recorder. Th is shall include, but is not limited to:
1. All communication with the applicant.
2. Approval from Parks Director for conditions related to CSA 143.
3. That the action conforms to the Circulation Element.
4. That a vacation is agreeable in concept by the City Engineer.
5. That a vacation reserves easement for any existing utilities under franchise agreements, confirmed by said utility owners. f. In checking of LOT LINE ADJUSTMENTS Consultant shall perform the following:
i. Determine that the Lot Line Adjustment is in conformance with any applicable underlying tentative map and conditions of approval. ii. Check the document package for conformance with the City’s “Filing Instructions for Lot Line Adjustments.”
iii. Check for agreement with title report.
iv. Check traverse calculations, if description is in metes and bou nds format, for acceptable closure. (Traverse calculations shall be the same precision as the description, i.e., “map check” format).
v. Check for agreement between the description, plat and, if applicable, traverse calculations.
vi. Verify completeness of the plat, including that all courses, calls, and references in the text of the description are shown.
vii. Provide the City with a completed checklist and a written certification that the documents are complete and technically correct, are in conformance with applicable City codes, standards, and written policies, and are ready to be recorded.
viii. Provide the City with a copy of all communication with the applicant. g. In checking of WATER QUALITY MANAGEMENT PLANS consultant shall perform the following work for each project.
i. Examine preliminary and final water quality management plan (WQMP) for conformance with existing Federal and State regulations and requirements per City Policies and Project Conditions of Approval.
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ii. Any further review as directed or as approved by City Engineer.
2. CITY OBLIGATIONS
a. Upon initial receipt of a request for plan check, the City shall perform a preliminary review of the submitted package to ensure that it is complete before forwarding it to the Consultant.
b. City shall provide the Consultant with the following documents:
i. A copy of the Murrieta Development Code, Murrieta Grading Ordinance, and other applicable City codes.
ii. A copy of “Department of Public Works Standard Drawings”. iii. A copy of any other written policies, standards, or criteria adopted or used by City.
c. In addition to prints of the plans to be checked, the City will or cause the applicant to furnish to the Consultant the following:
i. A print of the grading plan and proposed final map of the project, if applicable.
ii. A print of any adjacent improvements.
iii. A copy of the tentative map and tentative map conditions or any other discretionary approval applicable.
d. Nothing in this agreement shall be construed to obligate City to provide any work to the Consultant. City reserves the right, at its sole discretion, to send plans for checking to Consultant, to perform plan checks with its own forces, or to send plans for checking to another consulting firm.
3. PROGRESS AND COMPLETION
a. The Consultant shall pick-up plans for checking within two working days from the date of notification by the City to do so.
b. From the time of pick-up of plans from the City to delivery back to the City, the Consultant shall complete each check within the time specified below:
i. First Check: fifteen working days
ii. Recheck: five working days
c. These turn-around times may be extended due to size or complexity of the project. The Consultant shall notify the applicant and City of such extension upon receipt of the submittal or resubmittal.
d. Consultant shall process permit review items within two working days.
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e. Consultant shall respond to all applicant phone calls within one working day
4. ELECTRONIC PLAN CHECKING
a. The City uses electronic plan checking utilizing Blue Beam software. Consultant shall provide plan checking services using Blue Beam when necessary. City reserves the right to provide plans and documents in hard copy form or electronically through a Blue Beam Session. Consultant shall maintain proficiency with Blue Beam software.
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EXHIBIT B
Schedule of Rates and Charges
City agrees to compensate Consultant for services outlined in Exhibit A as follows:
Consultant shall complete the work outlined in Exhibit A in accordance with the fee schedule identified below and shall invoice City on a monthly basis based on the plan checking fee percentage or time and material hourly billing, as applicable.
PLAN CHECKING SERVICES
Consultant shall be compensated 75% of plan check fees charged by the City of Murrieta
* The plan checking services fee percentage excludes WQMP reviews, which are billed hourly per the rates below.
**Consultant shall subcontract with City’s current City Traffic Engineer for traffic related plan checking of signing and striping plans, traffic signal plans, and traffic control plans. These services are included in the 75% of plan check fees. Consultant shall be responsible for payment of traffic plan checking services.
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CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No. 8.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: Renée Santos, Administrative Assistant - Engineering SUBJECT:
Approval of Purchase Orders for On-Call Traffic Engineering Services - Rick Engineering Company
RECOMMENDATION
Approve a purchase order with Rick Engineering Company for on-call traffic engineering consulting services for Fiscal Year 2024/25 for an amount not to exceed $68,643 from the General Fund; Approve a purchase order with Rick Engineering Company for on-call traffic engineering consultant services for Fiscal Year 2024/25, for an amount not to exceed $226,260 with $69,980 from Capital Improvement Plan Project No. 13049, $69,980 from Capital Improvement Plan Project No. 13050, $69,980 from Capital Improvement Plan Project No. 13053, and $16,320 from Capital Improvement Plan Project 13054; and Authorize the City Manager to execute the purchase orders on behalf of the City.
PRIOR ACTION/VOTE
On June 20, 2023, the City Council authorized entering into Agreements for miscellaneous on-call consulting services that included Rick Engineering Company (Vote: 4-0-1).
CITY COUNCIL GOAL
Plan, program and create infrastructure development.
BACKGROUND
On June 20, 2023, the City Council approved an on-call engineering services Agreement with Rick Engineering Company (REC). The agreement expires June 30, 2026, with an option to renew for up to three (3) additional one (1) year terms. REC has been providing ongoing engineering services under the current on- call Agreement.
The two proposed POs include support and supplemental staffing for traffic engineering services, including assistance with resident requests and inquiries related to the Neighborhood Traffic Management Program (NTMP), signal timing and modifications, traffic signal fiber optic interconnect, traffic signal optimization services, development review, design services, preparation of staff reports and work orders, meeting CITY OF MURRIETA Printed on 6/13/2024Page 1 of 2
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Agenda Item No. 8.
services, development review, design services, preparation of staff reports and work orders, meeting attendance, and plan checking services. REC is very knowledgeable in the City’sstandard practices and intimately familiar with its road and traffic signal system operations; therefore, staff recommends to extend its ongoing traffic engineering services for Fiscal Year (FY) 2024/25.
The supplemental staffing traffic engineering services are funded through the Operating Budget, while the remainder of the services REC provides are funded through the Capital Improvement Plan (CIP) Budget for four projects. For this reason, two (2) separate POs are being established, one for each budget type, which is broken down as follows:
Service and Term PO Value
Purchase Order No. 1 - Operating Budget - 7/1/24 through 12/31/24* Supplemental Staffing Traffic Engineering Services $68,643 Purchase Order No. 2 - CIP Budget - 7/1/24 through 6/30/25 CIP 13049 - City-Wide Signal Modifications $69,980
CIP 13050 - Neighborhood Traffic Management Program $69,980 CIP 13053 - Traffic Signal Optimization/Congestion Management $69,980 CIP 13054 - Priority Traffic Signals $16,320
Total of Both Purchase Orders $294,903
*The Purchase Order value is based on the Adopted FY 2024/25 budget. It is estimated that there is sufficient budget available for the first two quarters of FY 2024/25. Additional appropriation may be needed for the third and fourth quarters.
FISCAL IMPACT
Funding for the services is available in the FY 2024/25 Operating and CIP Budgets:
· Engineering General Fund 1106120-60360, Contract Services - Engineering ($68,643); · CIP 13063: Neighborhood Traffic Management Program ($69,980); · CIP 13067: Priority Traffic Signals ($16,320);
· CIP 13068: Traffic Signal Optimization/Congestion Management ($69,980); and · CIP 13069: Citywide Signal Modifications ($69,980).
ENVIRONMENTAL IMPACT
None.
ATTACHMENTS
1. Rick Engineering Company Proposal
2. Operating and CIP Budget
3. 2023 On-Call Agreement with Rick Engineering Company CITY OF MURRIETA Printed on 6/13/2024Page 2 of 2
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May 20, 2024
Mr. Jeffrey J. Hitch, P.E.
City Engineer
City of Murrieta
1 Town Square
Murrieta, California 92562
SUBJECT: PROPOSAL FOR AS NEEDED SUPPLEMENTAL STAFFING TRAFFIC
ENGINEERING SERVICES FOR THE CITY OF MURRIETA, CALIFORNIA (JOB NUMBER 16750-F)
Dear Jeff:
Pursuant to your request, RICK is pleased to present a Scope of Services and associated Fee to provide professional engineering services for the subject project. This work consists of assisting the Engineering Department by providing staff one day a week at City Hall from July 1, 2024 through June 30, 2025, to prepare staff reports and work orders, attend meetings, attend and present at Traffic Commission, respond to resident concerns/inquiries, perform signal timing tasks, and to provide plan checking services.
Thank you for the opportunity to provide these services. Should you have any questions regarding this proposal, please feel free to contact me at (619) 291 -0707. Thank you for requesting RICK to provide these services.
Sincerely,
RICK
Brian R. Stephenson, P.E., T.E., P.T.O.E.
RCE No. 69471
Associate Principal
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SCOPE OF WORK
Provide Staff at City Hall one day a week from July 1, 2024 through June 30, 2025. Typical tasks to be performed include:
1. Staff Reports
Assist the Director of Public Works/City Engineer b y preparing staff reports for City Council, Planning Commission, and Public Safety and Traffic Commission meetings. Items to be prepared for staff reports may include signal warrant analys is, all way stop analysis, road closure analysis, traffic calming measures, signal timing analysis, and all backup data needed for the report.
2. Meetings
Attend meetings as necessary for City Council, Plan ning Commission, Traffic Commission, Development Review Committee, School District, Poli ce Department, developer/applicant meetings, and Project Design Meetings.
3. Traffic Commission
Prepare staff reports for the monthly Traffic Commi ssion meetings, and present the reports on action items and informational items to the Commission on a monthly basis.
4. Work Orders
Prepare work orders for City of Murrieta maintenanc e staff. Typical work order items include sign installations, curb markings, and pavement markings/striping.
5. Resident Concerns/Inquiries
Respond to residents phone calls/emails requesting traffic analysis within their neighborhoods.
Typical duties include analyzing locations for all way stops, additional signage, sight distance analysis, parking restrictions, and traffic calming measures.
6. Signal Timing
Prepare signal timing sheets for new signal install ations, and troubleshoot problems at existing signal locations. Make any timing adjustments deemed necessary.
7. Plan Checking
Review and comment on any traffic signal plans, sig ning and striping plans, and traffic control plans that are not submitted as part of a separate development plan set, as requested by the City Engineer/Engineering Department.
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FEE
Our fee for the work to be performed for the As-Nee ded Traffic Engineering Services would be based on a fixed fee in the amount of one hundred and thirty -seven thousand two hundred and eighty-five dollars ($137,285.00).
Any printing, title company fees, blueprinting and miscellaneous expenses are included within this agreement. Not included are any items not specifically referred to above.
Fees and expenses will be billed monthly as the wor k progresses and the net amount shall be due within thirty (30) days from the date of receipt of the invoice in the Client's office.
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May 20, 2024
Mr. Jeffrey J. Hitch, P.E.
City Engineer
City of Murrieta
1 Town Square
Murrieta, California 92562
SUBJECT: PROPOSAL FOR TRAFFIC ENGINEERING SERVICES FOR CAPITAL
IMPROVEMENT PLAN PROJECTS FOR THE CITY OF MURRIETA,
CALIFORNIA (JOB NUMBER 16750-F)
Dear Jeff:
Pursuant to your request, RICK is pleased to present a Scope of Services and associated Fee to provide professional engineering services for the subject project. This work consists of assisting the Engineering Department with providing traffic engineering services for the following Capital Improvement Plan (CIP) Projects, from July 1, 2023 through June 30, 2024:
Citywide Signal Modifications (CIP 13049)
Neighborhood Traffic Management Program (CIP 13050)
Traffic Signal Optimization/Congestion Management (CIP 13053) Priority Traffic Signals (CIP 13054)
Thank you for the opportunity to provide these services. Should you have any questions regarding this proposal, please feel free to contact me at (619) 291 -0707. Thank you for requesting RICK to provide these services.
Sincerely,
RICK
Brian R. Stephenson, P.E., T.E., P.T.O.E.
RCE No.69471
Associate Principal
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Enclosure
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SCOPE OF WORK
Citywide Signal Modifications (CIP 13049)
Provide traffic engineering services related to Cit ywide Traffic Signal Modifications. Typical tasks include the following:
Maintain the City’s left-turn phasing warrant analy sis and signalized intersections throughout the City, and determine future intersect ion needs for protected left-turn phasing.
Identify locations for Closed Circuit Television (C CTV) installations. Typical tasks include preparing bid specifications and documents for the CCTV’s installations, and assisting City Staff with advertising the project(s) and providing Project Management.
Identify locations for installation of cabinet swit ches. The switches will bring multiple types of communication equipment back to the TMC, f or monitoring of battery-back up and video detection, as well as the signal and CCTV camera.
Identify locations for upgrades from multi-mode fiber to single mode fiber, and assist City Staff with advertising the project(s) and providing Project Management.
Neighborhood Traffic Management Program (CIP 13050)
Assist the Engineering Department with tasks relate d to the City’s approved Neighborhood Traffic Management Program (NTMP). Typical duties include:
Responding to resident requests for NTMP related issues.
Investigating complaints related to traffic safety and recommending actions related to these requests.
Managing the traffic counting subconsultants tasked with performing traffic volume counts, speed surveys, classification counts, and license plate surveys.
Performing all way stop analysis.
Performing signal warrant analysis.
Preparing staff reports summarizing findings for Pu blic Safety and Traffic Commission meetings.
Attending Public Safety and Traffic Commission meetings.
Attending neighborhood meetings.
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Traffic Signal Optimization/Congestion Management (CIP 13053)
Provide traffic engineering services related to tra ffic signal timing at the City’s signalized intersections. Typical tasks include the following:
Perform optimized timing parameters for traffic sig nals that are operating in free mode utilizing the Synchro software, and implement the t iming at the intersections via the City’s Quicnet system from within the Traffic Management Center.
Perform optimized corridor timing parameters for the City’s Major and Arterial roadways utilizing the Synchro software, and implement the t iming at the intersections via the City’s Quicnet system from within the Traffic Manag ement Center. This task will require coordination with Caltrans and the cities o f Temecula and Menifee at locations that are shared between agencies.
Assist the City’s Traffic Signal Technician with tr oubleshooting timing issues at City intersections.
Implement current California Manual on Uniform Traf fic Control Devices (MUTCD) timing requirements at the City’s signalized intersections.
Manage the traffic counting subconsultants tasked w ith performing turning movement counts at signalized intersection locations and with daily segment counts along the City’s roadway corridors.
Priority Traffic Signals (CIP 13054)
Assist the engineering department by maintaining th e City’s Traffic Signal Priority list. Typical tasks include the following:
Responding to resident and staff requests for future traffic signalized locations.
Performing traffic signal warrant analysis at locat ions that are anticipated to meet signalization warrants
Maintaining a list and ranking of warranted traffic signal locations.
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FEE
Our fee for the work to be performed for the Traffi c Engineering Services for Capital Improvement Plan Projects would be based on a fixed fee in the amount of two hundred and twenty-six thousand two hundred and sixty dollars ($226,260.00) and is summarized as follows:
Citywide Signal Modifications (CIP 13049) $ 69,980 .00 Neighborhood Traffic Management Program (CIP 13050) 69,980.00 Traffic Signal Optimization/Congestion Management (CIP 13053) 69,980.00 Priority Traffic Signals (CIP 13054) 16,320.00
Total: $226,260.00
Any printing, title company fees, blueprinting and miscellaneous expenses are included within this agreement. Not included are any items not specifically referred to above.
Fees and expenses will be billed monthly as the work progresses and the net amount shall be due within thirty (30) days from the date of receipt of the invoice in the Client's office.
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EXHIBIT A
Scope of Services
As requested by CITY, CONSULTANT will provide landscape architectural services to the CITY.
Before CONSULTANT commences a significant new project for the CITY, the assignment will be described in a mutually agreed upon Proposal which identifies specific deliverables required, identifies CONSULTANT’S proposed staff, sets an estimated cost of completion, and a time for completion. No work may commence until a Purchase Order has been issued by the CITY to CONSULTANT.
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CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No. 9.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: Renée Santos, Administrative Assistant - Engineering SUBJECT:
Approval of Purchase Order for On-Call Plan Check, National Pollutant Discharge Eliminations System and Land Development Review Engineering Services - Michael Baker International, Inc.
RECOMMENDATION
Approve a purchase order with Michael Baker International, Inc. for on-call plan check services for Fiscal Year 2024/25 for an amount not to exceed $800,000 from the General Fund; Approve a purchase order with Michael Baker International, Inc. for National Pollutant Discharge Elimination System services for Fiscal Year 2024/25 for an amount not to exceed $55,000 from the Engineering NPDES Fund;
Approve a purchase order with Michael Baker International, Inc. for Land Development Review services for Fiscal Year 2024/25 for an amount not to exceed $69,357 from the General Fund; and Authorize the City Manager to execute the purchase order on behalf of the City.
PRIOR ACTION/VOTE
On June 20, 2023, the City Council authorized entering into Agreements for miscellaneous on-call consulting services that included Michael Baker International, Inc. (Vote: 4-0-1).
On June 20, 2023, the City Council approved purchase orders for on-call National Pollutant Discharge Elimination System engineering consulting services with a not-to-exceed amount of $213,200, and on-call Land Development Review engineering consultant services with a not-to-exceed amount of $197,600 (Vote: 4- 0-1).
On February 20, 2024, the City Council approved a purchase order for on-call plan check services with a not- to-exceed amount of $276,000 (Vote: 5-0).
CITY COUNCIL GOAL
Plan, program and create infrastructure development.
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Agenda Item No. 9.
BACKGROUND
On June 20, 2023, the City Council approved on-call engineering services Agreements with Michael Baker International, Inc. (MBI). The agreement expires June 30, 2026, with an option to renew for up to three (3) additional one (1) year terms. MBI has been providing ongoing engineering services under the current on-call Agreement. MBI provides engineering services for plan checks, National Discharge Elimination System (NPDES) programs, and Land Development Reviews.
The three (3) proposed POs (summarized in the Table below) will provide NPDES engineering services and Land Development Review engineering services. A summary of these services is as follows:
Plan Checking Services
Plan check services are provided in accordance with the scope of services outlined in MBI’son-call plan check services agreement. The services generally include plan checking for the following items:
· Street Improvement Plans
· Grading Plans
· Final Parcel and Tract Maps
· Dedications, Easements, Vacations, Quitclaims, Parcel Map Waivers, and Parcel Mergers · Lot Line Adjustments
· Water Quality Management Plans
NPDES Engineering Services
NPDES activities are usually managed by an Associate Engineer in the Engineering Division, which is currently a vacant position. Until this position is filled, support services are necessary to backfill the requirements of the NPDES program. These requirements generally include the following:
· Meeting attendance;
· Coordination with various agencies;
· Annual NPDES reporting;
· Inspection tasks; and
· Other assignments as needed to facilitate the program.
These services will be provided, as needed, on a time and materials basis. Twenty hours per week is assumed to be necessary for this task.
Land Development Review Services
Land Development Reviews are currently handled by a Senior Civil Engineer and a Civil Engineering Assistant in the Engineering Division. Recent workload demands have increased due to an increase in multi- family residential projects being submitted through the Development Services Department. The services proposed are outlined in the attached proposal and generally include:
· Review of various land development entitlement projects in various phases of development; · Attend weekly meetings with various City staff to coordinate projects; and · Prepare conditions of approval at the conclusion of the development review.
These services will be provided, as needed, on a time and materials basis. Twenty hours per week is assumed CITY OF MURRIETA Printed on 6/13/2024Page 2 of 3
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Agenda Item No. 9.
to be necessary for this task.
The three (3) POs are summarized as follows:
Service and Term PO Value
Plan Check Engineering Services 7/1/24 through 6/30/25 $800,000* NPDES Services 7/1/24 through 12/31/24* $55,000*
Land Development Review Services 7/1/24 through 12/31/24* $69,357* Total of Purchase Orders $924,357
*The Purchase Order value is based on the available budget for FY 2024/25. It is estimated that there is sufficient budget available for the first two quarters of FY 2024/25. Additional appropriation may be needed for the third and fourth quarters.
FISCAL IMPACT
The Adopted FY 2024/25 Operating Budget provides $924,357 in funding for these services. · Plan Check services: Engineering Operating budget 1106120-60600. · NPDES services: Engineering Operating budget 4316120-60640. · Land Development Review services: Engineering Operating budget 1106120-60360.
ENVIRONMENTAL IMPACT
None.
ATTACHMENTS
1. Michael Baker International Proposals
2. NPDES Engineering and Land Development Review services
3. 2023 On-Call Agreement with Michael Baker International, Inc.
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40810 County Center Drive, Suite 200| Temecula, CA 92591 Office: 951.676.8042 | Fax: 951.676.7240
May 28, 2024
Jeff Hitch
Principal Civil Engineer
City of Murrieta
Department of Public Works
1 Town Square
Murrieta, CA 92562
SUBJECT: Task Order Proposal to Provide NPDES Engineering Services under Civil Engineering On-Call Agreement between City of Murrieta and Michael Baker FY 2024/25
Mr. Hitch,
Michael Baker International (Michael Baker) is pleased to provide, at your request, a scope of work and fee estimate to provide engineering services to support the City of Murrieta (City). Michael Baker understands that the City needs assistance with National Pollutant Discharge Elimination System (NPDES) engineering activities to meet their responsibilities under the MS4 (Municipal Separate Storm Sewer) Permit and associated orders established by the State and Regional Water Quality Control Boards.
Michael Baker h as an extensive history of providing staffing services to agencies throughout Riverside, San Bernardino, Santa Ana and San Diego County. Michael Baker will work with the City to assign staff based on technical capability, required experience, and location (as needed) to support the range of needs from City staff. Michael Baker is familiar with City of Murrieta design and engineering standards.
On behalf of Michael Baker, I appreciate the opportunity to submit this task order proposal. Please do not hesitate to contact Kyle Gallup at (619) 208-2220 or via email at [email protected] if you have any questions or require further information.
Respectfully submitted,
Chris Alberts, P.L.S.
Temecula Office Executive
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40810 County Center Drive, Suite 200| Temecula, CA 92591 Office: 951.676.8042 | Fax: 951.676.7240
SCOPE OF WORK
Task 1 National Pollutant Discharge Elimination System (NPDES) Engineering Services The City needs consulting assistance with National Pollutant Discharge Elimination System (NPDES) activities. This assignment will require an engineer or planner with specific experience and understanding of the NPDES MS4 Permit and associated orders established by the State and Regional Water Quality Control Boards. Other inspection level personnel can be used for monitoring activities.
The budget for this work is estimated to require 20 hours per week on average for the following tasks.
Consultant shall establish task prioritization through regular consultation with City. This budget can be reevaluated quarterly as needs change.
Michael Baker will provide staffing to assist the City with NPDES engineering services as follows:
• Attend various meetings as the City representative with Riverside County Flood Control & Water Conservation District (RCFC&WCD), other Co-Permittees, and the San Diego Regional Water Quality Control Board (RWQCB)
o Santa Margarita Region (SMR) Technical Advisory Committee (TAC) o SMR Nutrient Initiative Group (SMRNIG)
o MS4 Permit Reissuance Focused Groups
o Other meetings as necessary
• Prepare annual reporting as required for the Jurisdictional Runoff Management Program (JRMP) • Provide assistance and review of the annual reporting for the Water Quality Improvement Plan (WQIP) prepared by RCFC&WCD and develop and/or modify the City’s strategies and metrics to show compliance with the WQIP.
• Provide inventory and tracking, Best Management Practice (BMP) implementation and maintenance, inspection services, and assist code enforcement with investigation for the following various monitoring required by the NPDES Permit:
o Construction SWPPP Inspections; WQMP Post Construction BMP Inspections o Commercial/Industrial Inspections; Residential Inspections; Municipal Inspections o Illicit Discharge Detection Elimination (IDDE)
• Complete program setup for CloudCompli including establishing monitoring log sheets for various monitoring.
• Provide guidance to City staff regarding WQMP development, allowable BMP use in the public right of way, and Green Streets program.
• Establish a program to assist the City in obtaining compliance with the NPDES Final Trash Order R9-2017-0077.
• Update the City’s website, as needed, to address water quality issues. • Coordinate with Riverside County to confirm County Service Area (CSA) 152 assessments. • Provide research necessary to respond to updates to the NPDES Permit and associated orders. • Provide investigation, analysis and response associated with audits from the RWQCB. • Provide assistance to update and/or create new City standard details for LID BMPs within City Right of Way
• Coordinate with RCFC&WCD to update the information shown on the Riverside County Stormwater & Water Conservation Tracking Tool, as needed, to ensure information is reflective of current conditions.
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40810 County Center Drive, Suite 200| Temecula, CA 92591 Office: 951.676.8042 | Fax: 951.676.7240
Michael Baker will provide staff in both in-person and remote capacities, in coordination with City staff.
Remote staff can provide in-person attendance for various meetings, and other meetings as needed.
COST PROPOSAL
Services will be provided on an as -needed time and materials basis, not to exceed, pursuant to the approved on-call contract billing rates. NPDES Engineering support is estimated to be twenty (20) hours per week on average for duration of one year (July 1, 2024 through June 30, 2025).
Michael Baker proposes a Senior Project Manager for this NPDES Engineering Support, but other staff may be utilized in a support or oversight role as needed. For budget purposes, estimated cost assumes an average of five (5) hours per week for Senior Project Manager and fifteen (15) hours per week for a Project Engineer rate classification. Budget will be reevaluated quarterly as needs change.
Task Fee
Task 1: NPDES Engineering Services
Senior Project Manager ($285/Hour for average 5 hours/week) $74,100 Project Engineer ($180/Hour for average 15 hours/week) $140,400 Total $214,500
RATE SCHEDULE (EFFECTIVE JULY 2023 – JUNE 2024)
Rate Classification Rate
Principal/Project Director $280 - $310
Senior Project Manager / Quality Manager $250 - $280
Project Manager / Senior Plan Checker $190 - $260
Senior Project Engineer / Senior Planner $190 - $220
Project Engineer / Project Planner $160 - $200
Engineer-In-Training / Planner $120 - $160
Plan Checker $140 - $190
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40810 County Center Drive, Suite 200| Temecula, CA 92591 Office: 951.676.8042 | Fax: 951.676.7240
May 26, 2023
Jeff Hitch
Principal Civil Engineer
City of Murrieta
Department of Public Works
1 Town Square
Murrieta, CA 92562
SUBJECT: Task Order Proposal to Provide NPDES Engi neering Services under Civil Engineering On-Call Agreement between City of Murrieta and Michael Baker
Mr. Hitch,
Michael Baker International (Michael Baker) is plea sed to provide, at your request, a scope of work an d fee estimate to provide engineering services to sup port the City of Murrieta (City). Michael Baker understands that the City needs assistance with National Pollutant Discharge Elimination System (NPDES) engineering activities to meet their responsibiliti es under the MS4 (Municipal Separate Storm Sewer) Permit and associated orders established by the State and Regional Water Quality Control Boards.
Michael Baker has an extensive history of providing staffing services to agencies throughout Riverside , San Bernardino, Santa Ana and San Diego County. Mi chael Baker will work with the City to assign staff based on technical capability, required experience, and location (as needed) to support the range of needs from City staff. Michael Baker is familiar with City of Murrieta design and engineering standards.
On behalf of Michael Baker, I appreciate the opportunity to submit this task order proposal. Please do not hesitate to contact me at (909) 241-7027 or via ema il at [email protected] if you have any questions or require further information.
Respectfully submitted,
* Registered Professional Engineer in Texas and Utah
Jared Heiner, P.E.*
Associate Vice President
Land Development Department Manager
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40810 County Center Drive, Suite 200| Temecula, CA 92591 Office: 951.676.8042 | Fax: 951.676.7240
SCOPE OF WORK
Task 1 National Pollutant Discharge Elimination Sy stem (NPDES) Engineering Services The City needs consulting assistance with National Pollutant Discharge Elimination System (NPDES) activities. This assignment will require an engineer or planner with specific experience and understanding of the NPDES MS4 Permit and associated orders established by the State and Regional Water Quality Control Boards. Other inspection level personnel can be used for monitoring activities.
The budget for this work is estimated to require 20 hours per week on average for the following tasks.
Consultant shall establish task prioritization through regular consultation with City. This budget can be reevaluated quarterly as needs change.
Michael Baker will provide staffing to assist the City with NPDES engineering services as follows:
• Attend various meetings as the City representative with Riverside County Flood Control & Water Conservation District (RCFC&WCD), other Co-Permittees, and the San Diego Regional Water Quality Control Board (RWQCB)
o Santa Margarita Region (SMR) Technical Advisory Committee (TAC) o SMR Nutrient Initiative Group (SMRNIG)
o MS4 Permit Reissuance Focused Groups
o Other meetings as necessary
• Prepare annual reporting as required for the Jurisdictional Runoff Management Program (JRMP) • Provide assistance and review of the annual reporting for the Water Quality Improvement Plan (WQIP) prepared by RCFC&WCD and develop and/or modify the City’s strategies and metrics to show compliance with the WQIP.
• Provide inventory and tracking, Best Management Practice (BMP) implementation and maintenance, inspection services, and assist code enforcement with investigation for the following various monitoring required by the NPDES Permit:
o Construction SWPPP Inspections; WQMP Post Construction BMP Inspections o Commercial/Industrial Inspections; Residential Inspections; Municipal Inspections o Illicit Discharge Detection Elimination (IDDE)
• Complete program setup for CloudCompli including establishing monitoring log sheets for various monitoring.
• Provide guidance to City staff regarding WQMP development, allowable BMP use in the public right of way, and Green Streets program.
• Establish a program to assist the City in obtaining compliance with the NPDES Final Trash Order R9-2017-0077.
• Update the City’s website, as needed, to address water quality issues. • Coordinate with Riverside County to confirm County Service Area (CSA) 152 assessments. • Provide research necessary to respond to updates to the NPDES Permit and associated orders. • Provide investigation, analysis and response associated with audits from the RWQCB. • Provide assistance to update and/or create new City standard details for LID BMPs within City Right of Way
• Coordinate with RCFC&WCD to update the information shown on the Riverside County Stormwater & Water Conservation Tracking Tool, as needed, to ensure information is reflective of current conditions.
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40810 County Center Drive, Suite 200| Temecula, CA 92591 Office: 951.676.8042 | Fax: 951.676.7240
Michael Baker will provide staff in both in-person and remote capacities, in coordination with City st aff.
Remote staff can provide in-person attendance for various meetings, and other meetings as needed.
COST PROPOSAL
Services will be provided on an as-needed time and materials basis, not to exceed, pursuant to the approved on-call contract billing rates. NPDES Engi neering support is estimated to be twenty (20) hour s per week on average for duration of one year (July 1, 2023 through June 30, 2024).
Michael Baker proposes a Senior Project Manager for this NPDES Engineering Support, but other staff may be utilized in a support or oversight role as neede d. For budget purposes, estimated cost assumes an average of five (5) hours per week for Senior Project Manager and fifteen (15) hours per week for a Project Engineer rate classification. Budget will be reevaluated quarterly as needs change.
Task Fee
Task 1: NPDES Engineering Services
Senior Project Manager ($280 /Hour for average 5 hours/week ) $72 ,800 Project Engineer ($1 80/Hour for average 15 hours/week) $140 ,400 Total $213,200
RATE SCHEDULE (EFFECTIVE JULY 2023 – JUNE 2024)
Rate Classification Rate
Principal /Project Director $280 - $310
Senior Project Manager / Quality Manager $250 - $280
Project Manager / Senior Plan Checker $190 - $260
Senior Project Engineer / Senior Planner $190 - $220
Project Engineer / Project Planner $160 - $200
Engineer -In -Training / Planner $120 - $160
Plan Checker $140 - $190
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AGREEMENT BETWEEN THE CITY OF MURRIETA
AND
MICHAEL BAKER INTERNATIONAL
This Agreement (“Agreement”), made this 20th day of June, 2023, 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 MICHAEL BAKER INTERNATIONAL, a California Corporation ("CONSULTANT") 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 consultant agreements under the provisions of California Government Code section 53060.
C. CITY desires or is in need of Engineering Plancheck services.
D. CONSULTANT has special knowledge, experience and facilities for accomplishing the above design or engineering services.
E. CITY now desires to retain CONSULTANT to accomplish the above design or engineering services, and CONSULTANT 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 CONSULTANT
1.1 CONSULTANT 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 CONSULTANT 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 CONSULTANT acknowledges that no level of work is guaranteed. Assignments will be determined on an as-needed basis for which purchase orders will be issued based on services required and CONSULTANT’s fee schedule (refer to Exhibit “B”), which is attached to and made a part of this Agreement.
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1.3 Representations. CONSULTANT 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 CONSULTANT’s representations for quality and professional work performed in a timely manner, and CONSULTANT shall perform in accordance with those representations and standards.
1.4 Monthly Written Reports. The Project Manager of CONSULTANT shall prepare and submit to the Assistant City Manager a monthly written report specifying the activities of CONSULTANT pursuant to this Agreement. CONSULTANT shall prepare the monthly written report in a format acceptable to the CITY. CONSULTANT 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/her designee, to administer CITY’s rights under this Agreement, and to review the work performed by CONSULTANT pursuant to the scope of services.
2.2 CONSULTANT shall keep the City Manager, CITY’s representative, or his/her 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 any notice desired or required to be sent to a party hereunder shall be addressed, as follows:
For CITY: Jeffrey J. Hitch, Principal Civil Engineer
Address: City of Murrieta
One Town Square
Murrieta, CA 92562
Phone: (951) 461-6065
Facsimile: (951) 461-6049
For CONSULTANT: John Tanner
Vice President
CONSULTANT: Michael Baker International
Address: 40810 County Center Drive, Suite 200
Temecula, CA 92591
Phone: (951) 506-3530
Facsimile: N/A
3. TERM
3.1 The services called for under this Agreement shall be provided by CONSULTANT during the period commencing upon execution of this Agreement and shall continue through June 30, 2026. This Agreement may renew for up to three (3) additional one (1) year terms based on satisfactory performance of the services called for in the Agreement, at the discretion of the City Manager at least thirty (30) days written notice prior to the expiration of the initial term or any subsequent annual renewal.
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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 CONSULTANT
4.1 Consideration. In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT for hours worked at the hourly rates specified in the CONSULTANT’S rate and fee schedule in Exhibit “B”. The specified hourly rates include direct salary costs, employee benefits, overhead, and fee.
The CITY also agrees to pay CONSULTANT for incurred direct costs other than salary costs, and other costs that are identified in Exhibit “A”. 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. CONSULTANT shall accept such sums as full compensation for the services listed on each individual purchase order. The rates on Exhibit “B” may be adjusted at the beginning of each fiscal year up to the amount of change in the Consumer Price Index, not to exceed five percent (5%).
4.2 Additional Services. If CITY desires any additional services (“Additional Services”), CONSULTANT 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 modify or alter 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, altered or rejected. Upon the written approval of any Additional Services including costs by CONSULTANT and CITY, CONSULTANT shall perform the Additional Services and CITY will pay to CONSULTANT the cost of the Additional Services as agreed in writing. All money due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said claims, and certified by proper officers of CONSULTANT.
4.3 Payments. CONSULTANT shall submit monthly invoices to the CITY for CONSULTANT’s services rendered, in accordance with the schedule of tasks and charges attached as Exhibit “B”, not to exceed the amount of the City issued purchase order. Payment of CONSULTANT’s fee shall be made in accordance with CITY’s normal schedule for issuance of checks. CONSULTANT agrees and acknowledges that it is CONSULTANT’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.
5. STATUS OF CONSULTANT
5.1 Independent Contractor. It is understood and agreed that CITY is interested only in the results obtained from service hereunder and that CONSULTANT shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. CONSULTANT shall complete this Agreement according to its own methods of work which shall be in the exclusive charge and control of CONSULTANT and which shall not be subject to control or supervision by the CITY, except as to the results of the work. CONSULTANT is, for all purposes arising out of this Agreement, an independent contractor, and neither CONSULTANT, nor its employees, agents, or representatives shall be deemed an employee of the CITY for any purpose.
5.2 Employee Benefits. CONSULTANT shall be responsible for all salaries, payments, insurance and benefits for all of its officers, agents, representatives and employees in performing 316
services pursuant to this Agreement. It is expressly understood and agreed that CONSULTANT 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. CONSULTANT agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participating in the activities hereunder, as provided in Section
6.1.2 of this Agreement.
5.4 Prevailing Wages. Pursuant to 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
CONSULTANT shall not begin the services under this Agreement until it has: (a) obtained, and upon the CITY's request, provided to the CITY, insurance certificates reflecting evidence of all insurance required in this Section 6; however, CITY reserves the right to request, and CONSULTANT shall submit, copies of any policy upon reasonable request by CITY; (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, CONSULTANT shall maintain insurance coverage as follows:
6.1.1 Commercial General Liability. Commercial General Liability (CGL) Insurance written on an occurrence basis to protect CONSULTANT and CITY against liability or claims of liability which may arise out of this Agreement in the amount of One Million Dollars ($1,000,000) per occurrence and subject to an annual aggregate of One Million Dollars ($1,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability.
6.1.2 Workers' Compensation. For all of CONSULTANT’s employees who are subject to this Agreement and to the extent required by applicable state or federal law, CONSULTANT 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 CONSULTANT shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected 317
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 CONSULTANT participating under this Agreement, CONSULTANT agrees to defend and indemnify the CITY from such claim.
6.1.3 Professional Liability. For all of CONSULTANT’s employees who are subject to this Agreement, CONSULTANT shall keep in full force and effect Professional Liability coverage for professional liability with a limit of One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) annual aggregate. CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of services under this Agreement; and (2) the policy will be maintained in force for a period of four years after termination of this Agreement or substantial completion of services under this Agreement, whichever occurs last. CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss.
6.1.4 Automobile Liability. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONSULTANT owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above.
If CONSULTANT or CONSULTANT’s employees will use personal autos in any way on this project, CONSULTANT shall obtain evidence of personal auto liability coverage for each such person.
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 policy shall be the responsibility of CONSULTANT 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 submitted 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. CONSULTANT’s liabilities, including, but not limited to, CONSULTANT’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 CONSULTANT’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. 318
7. AUDIT AND INSPECTION OF RECORDS
At any time during CONSULTANT’s normal business hours and as often as CITY may deem necessary, and upon reasonable notice, CONSULTANT 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. CONSULTANT 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, financial records, and proprietary data, must be kept and maintained by CONSULTANT for a period of at least four (4) years, or for the period required by law, whichever is greater, after completion of CONSULTANT’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 CONSULTANT respecting matters covered by this Agreement shall not be published without prior written consent of City Manager or his designees, nor shall CONSULTANT issue any news releases or publish information relating to its services hereunder without the prior written consent of the City Manager. CONSULTANT 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 CONSULTANT shall advise CITY of any and all materials used, or recommended for use, by CONSULTANT to achieve the project goals that are subject to any copyright restrictions or requirements. In the event CONSULTANT shall fail to so advise CITY and, as a result of the use of any programs or materials developed by CONSULTANT under this Agreement, CITY should be found in violation of any copyright restrictions or requirements, CONSULTANT agrees to indemnify and hold harmless CITY against any action or claim brought by the copyright holder.
8.3 Ownership of Records. All records created by the CONSULTANT 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, documents, papers and records of the CONSULTANT involving transactions and work related to this Agreement. The CONSULTANT 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 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 319
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 CONSULTANT, (b) CONSULTANT, through any cause, failing to fulfill in a timely and proper manner its obligations under this Agreement, (c) any act by CONSULTANT exposing CITY to liability to others for personal injury or property damage, or (d) if CONSULTANT is adjudged bankrupt, CONSULTANT makes a general assignment for the benefit of creditors, or a receiver is appointed on account of CONSULTANT’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 cease, 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, CONSULTANT 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 CONSULTANT 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 CONSULTANT 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, CONSULTANT shall be entitled to receive compensation for any satisfactory work completed up to the receipt by CONSULTANT 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, CONSULTANT 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 City Manager determines are necessary to be completed by CONSULTANT 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 CONSULTANT shall be delivered to the City Manager, upon his request, as property of CITY.
13. DEFENSE AND INDEMNIFICATION
13.1 Indemnity for Professional Liability. Except for the sole negligence or willful misconduct of CITY, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, 320
protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council and each member thereof, its officers, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent, reckless or wrongful acts, errors or omissions of CONSULTANT in the performance of the professional services under this Agreement and those of CONSULTANT's sub-consultants or anyone for whom CONSULTANT is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder.
13.2 Indemnity for Other than Professional Liability. With respect to operations other than the performance of the professional services under this Agreement, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) 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 of CONSULTANT, its officers, employees, representatives, subcontractors, or agents under this Agreement regardless of whether or not such claim, loss or liability is caused, in part by a party indemnified hereunder. CONSULTANT shall have no obligation, however, to defend or indemnify CITY if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of CITY.
13.3 General Indemnity Provisions. This indemnity is in addition 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 CONSULTANT under this Agreement for the purpose of resolving such claims; provided however, that CITY may release such funds if CONSULTANT 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.
CONSULTANT agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the performance of services under this Agreement by CONSULTANT, its officers, agents, representatives, employees, sub-consultants, or anyone for whom CONSULTANT is liable and that an adjudication of CONSULTANT's liability is not a condition precedent to CONSULTANT's duty to defend.
14. CONFLICT OF INTEREST
CONSULTANT 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.
14.1 Prior to execution of this Agreement, CONSULTANT shall disclose in writing to CITY any and all compensation, actual or potential, which CONSULTANT may receive in any form from a party other than CITY as a result of performance of this Agreement by CONSULTANT.
If CONSULTANT becomes aware of the potential for such compensation subsequent to the execution of this Agreement, CONSULTANT shall disclose such compensation within three (3) working days of becoming aware of the potential for such compensation.
14.2 Prior to or concurrent with making any recommendation of any products or service 321
for purchase by the CITY, CONSULTANT shall disclose any financial interest that CONSULTANT 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.
14.3 CONSULTANT shall not conduct business for third parties which may be in conflict with CONSULTANT’s responsibilities under this Agreement. CONSULTANT may not solicit any business during the term of this Agreement which conflicts with its responsibilities under this Agreement. CONSULTANT shall provide no services for any private client within the corporate boundaries or sphere of influence of CITY during 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 subconsultants specifically included in the attached “Scope of Services”) by CONSULTANT without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assignment or novation) by CONSULTANT without the express written consent of CITY, and without such consent all services hereunder are to be performed by CONSULTANT, its officers, agents and employees. However, claims for money due or to become due to CONSULTANT 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
CONSULTANT’s representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement.
17. COMPLIANCE WITH APPLICABLE LAWS
CONSULTANT 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 CONSULTANT, CONSULTANT’s business, equipment and personnel engaged in activities covered by this Agreement or arising out of the performance of such activities.
18. PERMITS/LICENSES
CONSULTANT and all of CONSULTANT’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
CONSULTANT 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, CONSULTANT certifies and agrees that all persons employed by CONSULTANT, its affiliates, subsidiaries and related 322
entities, if any, will be treated equally by CONSULTANT, without unlawful discrimination 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 CONSULTANT has violated state or federal anti-discrimination laws relative to this Agreement shall constitute a finding by CITY that CONSULTANT has violated the anti-discrimination provisions of this Agreement.
20. NON-WAIVER
The failure of CITY or CONSULTANT 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 CONSULTANT of compensation under this Agreement shall not be deemed to waive CITY’s rights or CONSULTANT’s rights contained in this Agreement.
21. SEVERABILITY
If any term, condition or provision of this Agreement 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.
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26. BINDING AGREEMENT
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.
CITY OF MURRIETA MICHAEL BAKER
INTERNATIONAL
_____________________________
Lisa DeForest, Mayor _____________________________
Name/title of signatory [please print]
_____________________________
Signature
ATTEST:
_____________________________
Name/title of signatory [if necessary]
_____________________________
Cristal McDonald, City Clerk
_____________________________
Signature
APPROVED AS TO FORM:
_____________________________
Tiffany Israel, City Attorney
NOTE: If this Agreement involves a corporate party, the corporation must be represented by two individuals as follows: (A) one from the corporation’s “Operational Group” (Chair of the Board, President or a Vice-President) and; (B) one from the corporation’s “Financial Group” (Secretary, Assistant Secretary, Chief Financial Officer or an Assistant Treasurer). See California Corporations Code section 313.
Peter Minegar, Vice President
Tanya Bilezikjian, Secretary
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EXHIBIT A
Scope of Services
SCOPE OF WORK FOR ENGINEERING PLAN CHECK SERVICES
1. CONSULTANT’S OBLIGATIONS
a. General
i. These procedures may be modified as deemed necessary when mutually agreed upon.
ii. Pick up submittal packages and deliver completed plan check packages to and from the City office on a schedule acceptable to the City Engineer.
Send corrections to and receive resubmittals from the applicant directly. (Initial submittals and fee payments by the applicant are made at the City office.)
b. In checking of IMPROVEMENT PLANS, Consultant shall perform the following work for each project.
i. Examine plans, tour the site in the field and become familiar with general concepts as proposed by the project applicant for access and drainage facilities.
ii. Determine if the plans are in conformance with applicable conditions of approval and any approved tentative map.
iii. Check hydrology and hydraulic calculations, and the design of any storm drain system.
iv. Review drainage report for analysis of drainage patterns (diversions, concentrations, increased flow), potential for damage to offsite property and proposed mitigation measures.
v. Determine requirements for any off-site easements and whether they have been obtained.
vi. Determine any encroachments on adjacent property and determine whether notarized permission letters have been obtained. vii. Check stopping sight distance, horizontal radius, and vertical curves on streets as applicable.
viii. Check traffic related plans including signing and striping, traffic signals, and traffic control plans, as applicable.
ix. Determine that the plans as submitted are in conformance with the Murrieta Municipal Code, the City of Murrieta Standard Plans and other 326
applicable standards used by the City.
x. Determine that the improvement plans are in conformance with the approved grading plan and final map, if applicable to the project. A copy of the grading plan and final map will be furnished with the improvement plans.
xi. Determine that the plans comply with the City’s Improvement Plan Checklist.
xii. Review the quantities and cost estimate for reasonableness to determine fees and bond amounts.
xiii. Provide the City with a completed checklist and written certification that the plans are complete and accurate, and are in conformance with applicable City Codes, Standards, and written policies, that they are consistent with any grading plans, final map, and any other adjacent improvement documents furnished by the City.
xiv. Verify that all conditions for approval have been satisfied and permits may be issued for construction. This shall include, but is not limited to the following:
1. All communication with applicant/engineer.
2. Streetlights are shown on the improvement plans in accordance with City Standards.
3. Mylars are in accordance with City requirements. (Mylars are approved by the City Engineer.)
4. Prepare Improvement Agreements. Transmit the Agreements and security forms to applicant/engineer.
5. Calculate permit, inspection, and record retention fees.
6. All securities are processed per the City Secured Agreement Processing Manual.
c. In checking of GRADING PLANS Consultant shall perform the following:
i. Examine plans, become familiar with the general concept as proposed by the project applicant. View the site if associated with an improvement plan submittal, or if necessary, for adequate review.
ii. Determine if the plans are in conformance with applicable conditions of approval and any approved tentative map.
iii. Determine if the general format for the plan is in conformance with City of Murrieta requirements.
iv. Compare the grading plan with the recommendation in the soils report 327
provided and check that the specifications and details in the soils report are included in the plans. If applicable, check with City’s Geotechnical Engineer for comments on applicant soils report and check for compliance with Geotechnical Engineer requirements.
v. Compare the grading plan with the grading shown on any approved tentative map or approved plot map.
vi. Compare the grading plan with the improvement plans for the project. vii. Compare the grading plan with the approved environmental information. viii. Determine that the plans comply with the City’s grading plan checklist. ix. Determine adequacy of horizontal and vertical site distance; cross check this with improvement plans.
x. Check hydrology and hydraulic calculations, and the design of the drainage system.
xi. Review drainage report for analysis of drainage patterns (diversions, concentrations, increased flow), potential for damage to offsite property and proposed mitigation measures. Check for adequate capacity of brow ditches and down drains.
xii. Check for non-erosive velocities at point of discharge or adequate energy dissipation. Check sumps for overflow escape.
xiii. Review erosion control measures and check for conformance with applicable codes, the City’s Grading Manual, the City’s Erosion Control Standard Plan and NPDES requirements.
xiv. Determine any encroachments on adjacent property and determine whether notarized permission letters have been obtained. xv. Provide the City with a completed checklist and a written certification that the plans are complete and technically correct, and are in conformance with applicable City Codes, Standards, and written policies, and that they are consistent with any improvement plans, final map, and other adjacent improvement documents furnished by the City.
xvi. Verify that all conditions for approval have been satisfied and permits may be issued for construction. This shall include, but is not limited to:
1. All communication with applicant/engineer.
2. Approval from project planner for conformance with conditions for approval.
3. Mylars are in accordance with City requirements. (Mylars are approved by City Engineer.)
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4. Calculate inspection fees, other fees, and bond amounts.
5. Prepare Grading and Erosion Control, and Improvements Agreements.
6. Transmit the Agreement and security forms to applicant/engineer.
7. Agreements and securities are processed in accordance with the City Secured Agreement Processing Manual and Grading Manual.
8. Obtain a grading permit number from City staff and provide the number to the applicant.
d. In checking of FINAL & PARCEL MAPS, Consultant shall perform the following:
i. Determine that the map is in conformance with applicable conditions of approval and the approved tentative map.
ii. Check that the format is in compliance with the City of Murrieta Development Code requirements.
iii. Check Title Report and Subdivision Guarantee and verify that all easements are noted on the map, the legal description conforms with the map, and all parties required to sign the map have done so. iv. Check all easements to which the lots are subject, including use and reference if already of record.
v. Check legal descriptions and plats for any off-site easements; check ownership against title reports and prepare deed in conformance with City format as provided for in the fee schedule for easement dedications. vi. Determine compliance with City’s final map checklist. vii. Determine need for any other affidavits, certificates, acknowledgements, endorsements, and notary seals as required in addition to those shown on the checklist.
viii. Determine that map is in conformance with provisions of the Land Surveyor’s Act and the Subdivision Map Act.
ix. Provide the City with a completed checklist and a written certification that the map is complete and technically correct and is in conformance with applicable City Codes, Standards, and written policies; that is consistent with any other adjacent improvement documents furnished by the City. x. Verify that all conditions for approval have been satisfied and maps may be transmitted by the City Clerk to the County Recorder. This shall include, but is not limited to:
1. All communication with the applicant/engineer.
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2. Notification to applicant/engineer that approval is required from (1) project planner, and, if applicable, (2) Parks Director for conditions related to CSA 143.
3. Verify notation of monuments to be set prior to recordation.
4. Calculate applicable fees (road and bridge benefit, area drainage, monument inspection and record retention) and notify
applicant/engineer.
5. Determine payment of, or prepare agreements for deferral of, road and bridge benefit and area drainage fees, and deferred monumentation.
6. All securities and agreements are processed in accordance with City Secured Agreement Processing Manual. Obtain City
Attorney’s signature on agreements.
7. City Surveyor signs map.
e. In checking of DEDICATIONS, EASEMENTS, VACATIONS, QUITCLAIMS, PARCEL MAP WAIVERS and PARCEL MERGES Consultant shall perform the following:
i. Determine that the result of this action will be in conformance with applicable standards, conditions of approval and approved tentative map, if any.
ii. For vacations, determine that the requirements of the City’s Vacation Procedure memorandum are met.
iii. Determine compliance with City’s Easement Dedication/Quitclaim. iv. Vacation Review Checklist.
v. Check that the format is in compliance with City requirements. vi. Check for agreement with title report.
vii. Check traverse calculations for acceptable closure. (Traverse calculations shall be the same precision as the description, i.e., “map check” format). viii. Check for agreement between the description, plat, and traverse calculations.
ix. Verify completeness of the plat, including that all courses, calls, and references in the text of the description are shown.
x. For dedications, prepare subordination agreement when the title report indicates any financial encumbrance on the property.
xi. Provide the City with a completed checklist and a written certification that 330
the documents (description, plat, deed, other) are complete and technically correct and are in conformance with applicable City codes standards, and written policies.
xii. Verify that all conditions for approval have been satisfied and documents may be transmitted by the City Clerk to the County Recorder. This shall include, but is not limited to:
1. All communication with the applicant.
2. Approval from Parks Director for conditions related to CSA 143.
3. That the action conforms to the Circulation Element.
4. That a vacation is agreeable in concept by the City Engineer.
5. That a vacation reserves easement for any existing utilities under franchise agreements, confirmed by said utility owners. f. In checking of LOT LINE ADJUSTMENTS Consultant shall perform the following:
i. Determine that the Lot Line Adjustment is in conformance with any applicable underlying tentative map and conditions of approval. ii. Check the document package for conformance with the City’s “Filing Instructions for Lot Line Adjustments.”
iii. Check for agreement with title report.
iv. Check traverse calculations, if description is in metes and bounds format, for acceptable closure. (Traverse calculations shall be the same precision as the description, i.e., “map check” format).
v. Check for agreement between the description, plat and, if applicable, traverse calculations.
vi. Verify completeness of the plat, including that all courses, calls, and references in the text of the description are shown.
vii. Provide the City with a completed checklist and a written certification that the documents are complete and technically correct, are in conformance with applicable City codes, standards, and written policies, and are ready to be recorded.
viii. Provide the City with a copy of all communication with the applicant. g. In checking of WATER QUALITY MANAGEMENT PLANS consultant shall perform the following work for each project.
i. Examine preliminary and final water quality management plan (WQMP) for conformance with existing Federal and State regulations and requirements per City Policies and Project Conditions of Approval. 331
ii. Any further review as directed or as approved by City Engineer.
2. CITY OBLIGATIONS
a. Upon initial receipt of a request for plan check, the City shall perform a preliminary review of the submitted package to ensure that it is complete before forwarding it to the Consultant.
b. City shall provide the Consultant with the following documents:
i. A copy of the Murrieta Development Code, Murrieta Grading Ordinance, and other applicable City codes.
ii. A copy of “Department of Public Works Standard Drawings”. iii. A copy of any other written policies, standards, or criteria adopted or used by City.
c. In addition to prints of the plans to be checked, the City will or cause the applicant to furnish to the Consultant the following:
i. A print of the grading plan and proposed final map of the project, if applicable.
ii. A print of any adjacent improvements.
iii. A copy of the tentative map and tentative map conditions or any other discretionary approval applicable.
d. Nothing in this agreement shall be construed to obligate City to provide any work to the Consultant. City reserves the right, at its sole discretion, to send plans for checking to Consultant, to perform plan checks with its own forces, or to send plans for checking to another consulting firm.
3. PROGRESS AND COMPLETION
a. The Consultant shall pick-up plans for checking within two working days from the date of notification by the City to do so.
b. From the time of pick-up of plans from the City to delivery back to the City, the Consultant shall complete each check within the time specified below:
i. First Check: fifteen working days
ii. Recheck: five working days
c. These turn-around times may be extended due to size or complexity of the project. The Consultant shall notify the applicant and City of such extension upon receipt of the submittal or resubmittal.
d. Consultant shall process permit review items within two working days. 332
e. Consultant shall respond to all applicant phone calls within one working day
4. ELECTRONIC PLAN CHECKING
a. The City uses electronic plan checking utilizing Blue Beam software. Consultant shall provide plan checking services using Blue Beam when necessary. City reserves the right to provide plans and documents in hard copy form or electronically through a Blue Beam Session. Consultant shall maintain proficiency with Blue Beam software.
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EXHIBIT B
Schedule of Rates and Charges
City agrees to compensate Consultant for services outlined in Exhibit A as follows:
Consultant shall complete the work outlined in Exhibit A in accordance with the fee schedule identified below and shall invoice City on a monthly basis based on the plan checking fee percentage or time and material hourly billing, as applicable.
PLAN CHECKING SERVICES
Consultant shall be compensated 75% of plan check fees charged by the City of Murrieta
*The plan checking services fee percentage excludes WQMP reviews, which are billed hourly per the rates below.
**Consultant shall subcontract with City’s current City Traffic Engineer for traffic related plan checking of signing and striping plans, traffic signal plans, and traffic control plans. These services are included in the 75% of plan check fees. Consultant shall be responsible for payment of traffic plan checking services.
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CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No. 10.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: Renée Santos, Administrative Assistant - Engineering SUBJECT:
Approval of Purchase Orders with Anser Advisory Management, LLC for On-Call Public Works, Stormwater Pollution Prevention Plans, and National Pollutant Discharge Elimination System Inspection Services
RECOMMENDATION
Approve a purchase order with Anser Advisory Management, LLC, dba Anser Advisory, for on-call inspection services for Public Works and Storm Water Pollution Prevention Plans for Fiscal Year 2024/25 for an amount not to exceed $300,000 from the Engineering General Fund; Approve a purchase order with Anser Advisory Management, LLC, dba Anser Advisory, for on-call NPDES inspection services for Fiscal Year 2024/25 for an amount not to exceed $120,000 from the Engineering General Fund; and
Authorize the City Manager to execute the purchase order on behalf of the City.
PRIOR ACTION/VOTE
On June 20, 2023, the City Council authorized entering into an Agreement for miscellaneous on-call consulting services with Anser Advisory Management, LLC, dba Anser Advisory (Vote: 4-0-1).
CITY COUNCIL GOAL
Plan, program and create infrastructure development.
BACKGROUND
On June 20, 2023, the City Council approved an on-call inspection services Agreement with Anser Advisory Management, LLC, dba Anser Advisory (Anser). The on-call inspection services agreement expires June 30, 2026, with an option to renew for up to three (3) additional one (1) year terms. Anser has been providing ongoing inspection services under the current on-call Agreement. Anser provides inspection services for Public Works, Engineering Stormwater Pollution Prevention Plans (SWPPP) and National Pollutant Discharge CITY OF MURRIETA Printed on 6/13/2024Page 1 of 2
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6/18/2024
Agenda Item No. 10.
Elimination System (NPDES) programs.
The two (2) proposed purchase orders (POs) are summarized as follows:
Service and Term PO Value
Public Works and SWPPP Inspection Services 7/1/24 through 12/31/24* $300,000** NPDES Inspection Services 7/1/24 through 6/30/25 $120,000** Total of Both Purchase Orders $420,000
*It is estimated that there is sufficient budget available for the first two quarters of Fiscal Year 2024/25.
Additional appropriation may be needed for the third and fourth quarters. **The Purchase Order value is based on the available budget for Fiscal Year 2024/25. Based on needed services, additional funding may be requested later.
FISCAL IMPACT
Funding for these Purchase Orders is available in the Fiscal Year 2024/25 Adopted Operating Budget. · Public Works and SWPPP inspection services: Engineering Operating Budget 1106120-60640. · NPDES inspection services: Engineering Operating Budget 4316120-60640.
ENVIRONMENTAL IMPACT
None.
ATTACHMENTS
1. 2023 On-Call Agreement with Anser Advisory Management, LLC, dba Anser Advisory CITY OF MURRIETA Printed on 6/13/2024Page 2 of 2
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EXHIBIT A
Scope of Services
As requested by CITY, CONSULTANT will provide construction inspection services to the CITY.
Before CONSULTANT commences a significant new project for the CITY, the assignment will be described in a mutually agreed upon Proposal which identifies specific deliverables required, identifies CONSULTANT’S proposed staff, sets an estimated cost of completion, and a time for completion. No work may commence until a Purchase Order has been issued by the CITY to CONSULTANT.
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EXHIBIT B
Schedule of Rates and Charges
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Position Key Staff
Preferred Billing
Rate
Principal $230.00
Construction Manager, Senior $185.00
Inspector (Prevailing Wage) $165.00
Inspector, Senior $160.00
Admin, Senior $100.00
Admin $92.00
Labor Compliance Manager $120.00
Labor Compliance Analyst $92.00
ODC's (Reimbursable Expenses)
Description Unit Rate
Vehicle Rentals* Month $1,300.00
POV Mileage Exp. per IRS rate
Subconsultant Mark-Up 0%
VPO (As Needed) $1,000.00
*Max Rate. Billed as a percentage of actual hours billed
MURRIETA ON-CALL HOURLY RATE SCHEDULE
7. illable Rates
City of Murrieta On-Call
Construction Inspection Services 1 Anser Advisory 353
CITY OF MURRIETA
City Council Meeting Agenda
Report
6/18/2024
Agenda Item No. 11.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Javier Carcamo, Finance Director
PREPARED BY: Chauntal Anderson, Purchasing and Contracts Coordinator SUBJECT:
Approve an Agreement with Rosenow Spevacek Group, Inc
RECOMMENDATION
Authorize a two-year agreement with Rosenow Spevacek Group, Inc; Authorize the City Manager to execute all necessary documents for two years with two additional one-year extensions; and
Acknowledge the bidding requirements were waived for the Proposed Agreement.
PRIOR ACTION/VOTE
None.
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
In 2018, the Finance department conducted an RFP for administrative consulting services for the Successor Agency to the Former Murrieta Redevelopment Agency of the City of Murrieta (Successor Agency). Rosenow Spevacek Group, Inc. (RSG) was selected and has worked with the Finance Department since then. RSG provides technical, management, and administrative services to enable staff to wind down the affairs of the Successor Agency, meet ongoing reporting requirements, conduct financial and strategic planning, and provide other services as needed.
In 2023, Finance entered into a one-year agreement while the remaining scope of work was refined. Finance still requires services from RSG to support the Successor Agency’sadministrative and reporting requirements and therefore requests to enter into a new agreement with RSG for Fiscal Years 2024/25 and 2025/26, with CITY OF MURRIETA Printed on 6/13/2024Page 1 of 2
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Agenda Item No. 11.
the option to renew for an additional two years if services are still needed.
Murrieta Municipal Code Section 3.08.280 allows for exceptions to the competitive bidding process. Upon approval, the City Council acknowledges that the bidding process would be deemed inefficient, impractical, and unnecessary to procure these services. In this case, RSG has substantial historical context that creates efficiencies that render the bidding process inefficient and unnecessary.
FISCAL IMPACT
The total cost of the proposed Agreement for the initial two years is $30,000. Funding for the first year is currently budgeted in the Fiscal Year 2024/25 Operating Budget in General Ledger Account 6010040-60010.
Funding for subsequent years of the proposed Agreement will be included in future Biennial budgets.
ENVIRONMENTAL IMPACT
None.
NOTICING
None.
ATTACHMENTS
1. RSG Agreement
2. Proposal
CITY OF MURRIETA Printed on 6/13/2024Page 2 of 2
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AGREEMENT FOR PROFESSIONAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
Project Name/Description (“ Project”):Consulting and administrative services for S uccessor Agency
Contract Number:Click or tap here to enter text.
Consultant Name (“Consultant”):Rosenow Spevacek Group, Inc Consultant Business Type:Corporation
Consultant Address:170 Eucalyptus Ave STE 200 Vista, Ca 92084 Consultant Representative Name and Title (“Consultant Representative ”):Tara Matthews and Alex Lawrence
Consultant Representative Work Phone and Email: [email protected] and [email protected]
Termination Date:06/30/2026
Total Not-To-Exceed Contract Amount (“Contract Sum”):$30,000.00 City Department Contact (“Department Contact”):Chauntal Anderson Department Contact Work Phone and Email:[email protected] 951-461-6043 Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No):No
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RECITALS
The City desires to contract with a Consultant to provide professional services as more further set forth herein.
The City circulated a Request for Quotes or Proposals for the above-described professional services.
Consultant submitted a proposal to City to provide the above -described professional services.
City 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 agreem ent to provide the required services should be awarded to Consultant.
Click or tap here to enter text.
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AGREEMENT FOR PROFESSIONAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
THIS 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:
ARTICLE 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.
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 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.
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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 infrastruc ture, 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, s ection 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, 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 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 359
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) l ine 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 upon the date executed 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 notice to proceed from City and shall perform all services within the time period(s) 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 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 360
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 Cit y 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.