9/29/2025
Work Order Signature Document
126
3.00 Detailed Scope of Work
Brian Crawford Kinan Kotrash To: From:
Horizons Construction Co. Int'l, Inc. City of Murrieta
432 W. Meats Ave. 1 Town Square
Orange, CA 92865 Murrieta, CA 92562
(714) 626-0000 (951) 461-6047
Work Order Number:
September 29, 2025 Date Printed:
144093.00
Murrieta - Torrey Pines Park Turf Replacement Work Order Title:
Brief Scope:
Revised Final Preliminary X
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.
Murrieta - Torrey Pines Park Turf Replacement
Work order reference number: 144093.00
Detailed scope of work provided as attached document:
Subject to the terms and conditions of ezIQC Contract CA-R8-GB-101723-HRZ.
Horizons Construction Co. Int'l, Inc. Date
Date City of Murrieta
9/29/2025
Scope of Work
127
Murrieta - Torrey Pines Park Turf Replacement
Work order reference number: 144093.00
Detailed scope of work:
Base scope of work:
1. Site PreparaƟon & DemoliƟon
2. SyntheƟc Turf InstallaƟon
3. Warranty
Remove and properly dispose of all exisƟng syntheƟc turf from the designated infield, bullpens, and warning track areas.
Regrade the exisƟng aggregate base to meet FieldTurf installaƟon tolerances. Replace exisƟng nailer boards as required for new turf installaƟon. Furnish and install FieldTurf DoublePlay Speed system across the infield surface. Provide and install inlaid infield baseball markings to match standard field layouts and comply with current regulaƟons.
Provide an 8-year third-party pre-paid insured warranty covering the installed FieldTurf arƟficial grass surface.
Note: The base areas and sliding zones shall carry a 2-year manufacturer’s warranty. Excluded from warranty coverage are the following high traffic use zones:
o Home plate
o Pitcher’s mound
o Pitcher’s lane
o Catcher’s box
o Baƫng cage
o Bullpen area
Alternates:
Alternate No. 1 – Supplemental Turf & Velcro Sets
o Provide 3 sets of extra syntheƟc turf material (for first, second, and third base sliding lanes).
o Provide 3 sets of Velcro replacements for the baƩer’s box and pitching lane. o Materials will be shipped with the main field delivery and stored on-site for future replacement needs.
o Labor for replacement beyond iniƟal installaƟon is not included Alternate No. 2 – Concrete Recessed Home Plate Area with Horse Mat o Excavate exisƟng dirt to a depth of approximately 12 inches in the designated home plate area.
o Install a fabric base layer.
o Import, place, and compact a 6-inch crushed rock base secƟon. o Layout, form, and prepare for concrete pour. Pump, place, and finish concrete slab secƟon.
o Remove forms, backfill, and compact edges with imported rock material. o Perform site cleanup following concrete work.
o Furnish and install rubber stall mats within the baƩer’s box and catcher’s area. 128
Alternate No.3 –
o GroomRight and FieldSweep
Exclusions:
The following items are not included in this Scope of Work unless otherwise noted:
Base stabilizaƟon, drainage system improvements, or subsurface modificaƟons.. G-max tesƟng unless specifically requested.
Supply or adjustment of exisƟng manholes, clean-outs, or uƟlity covers. Site restoraƟon, landscaping, or turf grow-in.
Tariffs, escalaƟon costs, or any items not explicitly included above o Import place and compact 6" crushed rock base secƟon
o Layout, form, set up concrete pump and pour concrete, finish concrete secƟon o Remove forms, backfill, compact edges with imported rock, cleanup from concrete pour
o Procure and install rubber stall mats for baƩer's boxes and catcher's area
*Altering drainage system not included.
129
4.00 Contractor's Price Proposal - Summary
Owner PO #:
Murrieta - Torrey Pines Park Turf Replacement
144093.00
CA-R8-GB-101723-HRZ IQC Master Contract #:
Work Order #:
Title:
Re:
September 29, 2025 Date:
Proposal Value:
Contractor: Horizons Construction Co. Int'l, Inc.
$547,337.02
$17,304.00Alternate 1
$20,334.54Alternate 2
$26,201.09Section - 01
$483,497.39Section - 32
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$547,337.02
The Percentage of NPP on this Proposal: %
9/29/2025
Contractor's Price Proposal - Summary
130
5.00 Contractor's Price Proposal - Detail
Murrieta - Torrey Pines Park Turf Replacement
144093.00
CA-R8-GB-101723-HRZ IQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Re:
September 29, 2025 Date:
Proposal Value:
Contractor: Horizons Construction Co. Int'l, Inc.
$547,337.02
(Excludes) Equip. Material Labor
Line TotalDescription UOM Mod. Item Sect.
Alternate 1
32 18 23 29 0124 2" Height, Linked Monofilament Fiber, Polyethylene Synthetic Turf With Rubber/Sand Infill (FieldTurf Prestige XT 50)Excludes preparation of sub-base, grooming, sports lines and logos.
1 $17,304.00SF
Installation = x x 17,304.00
FactorUnit PriceQuantity Total
8.40 1.0300 2,000.00
3 sets of extra synthetic turf material for first, second and third base sliding lates. includes velcro replacement for batter's box and pitching lane
$17,304.00Subtotal for Alternate 1
Alternate 2
03 11 13 00 0009 Up To 6" High Slab Edge and Block-Out Wood Formwork 2 $2,289.18LF Installation = x x 2,289.18
FactorUnit PriceQuantity Total
6.35 1.0300 350.00
form to pour concrete for new recessed home plate area and horse mat 03 11 13 00 0009 0004 For Up To 250, Add 3 $186.95MOD Installation = x x 186.95
FactorUnit PriceQuantity Total
1.21 1.0300 150.00
03 31 13 00 0037 Up To 6", By Concrete Pump, Place 3,000 PSI Concrete Slab On GradeExcludes pumping equipment.
4 $4,800.83CY
Installation = x x 4,800.83
FactorUnit PriceQuantity Total
233.05 1.0300 20.00
pour concrete for new recessed home plate area and horse mat 03 31 13 00 0037 0033 For 5,000 PSI Concrete, Add 5 $458.56MOD Installation = x x 458.56
FactorUnit PriceQuantity Total
22.26 1.0300 20.00
03 31 13 00 0037 0038 For High Early Strength, Type 3 ASTM C150, Add 6 $402.11MOD Installation = x x 402.11
FactorUnit PriceQuantity Total
19.52 1.0300 20.00
03 31 13 00 0037 0040 For Up To 20, Add 7 $311.68MOD Installation = x x 311.68
FactorUnit PriceQuantity Total
15.13 1.0300 20.00
03 35 23 00 0002 Exposed Aggregate, Concrete Floor Finish 8 $1,460.95SF Installation = x x 1,460.95
FactorUnit PriceQuantity Total
3.94 1.0300 360.00
finish concrete section for new concrete recessed home plate area and horse mat 03 37 16 00 0010 35 CY/HR, 66 HP Trailer Mounted Concrete PumpIncludes hoses 9 $2,359.28HR Installation = x x 2,359.28
FactorUnit PriceQuantity Total
143.16 1.0300 16.00
concrete pump for new recessed home plate area and horse mat
9/29/2025
Contractor's Price Proposal - Detail
131
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 144093.00
Murrieta - Torrey Pines Park Turf Replacement
Alternate 2
11 68 33 33 0002 Bases For Baseball Or Softball 10 $1,886.45SET Installation = x x 1,886.45
FactorUnit PriceQuantity Total
610.50 1.0300 3.00
rubber stall mats for batters boxes and catcher area
31 23 16 13 0007 Excavation For Trenching By Hand In SoilIncludes stockpiling excess materials and trimming sides and bottom of trench.
11 $3,077.43CY
Installation = x x 3,077.43
FactorUnit PriceQuantity Total
149.39 1.0300 20.00
excavation for new recessed home plate area and horse mat 31 23 16 13 0013 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Hand
12 $854.90CY
Installation = x x 854.90
FactorUnit PriceQuantity Total
41.50 1.0300 20.00
backfilling for new recessed home plate area and horse mat 31 23 16 13 0016 Compaction of Fill or Subbase for Trenches by Hand 13 $964.49CY Installation = x x 964.49
FactorUnit PriceQuantity Total
46.82 1.0300 20.00
compaction for new recessed home plate area and horse mat 31 32 19 16 0010 16 Ounce/SY , 175 Mil, 425 Lb. Grab Tensile Nonwoven Polypropylene Geotextile Fabric
14 $288.40SY
Installation = x x 288.40
FactorUnit PriceQuantity Total
7.00 1.0300 40.00
fabric base for new recessed home plate area and horse mat 31 32 19 16 0010 0089 For Up To 50, Add 15 $60.15MOD Installation = x x 60.15
FactorUnit PriceQuantity Total
1.46 1.0300 40.00
32 11 16 16 0016 6" Class II Crushed Aggregate Base Course 16 $744.48SY Installation = x x 744.48
FactorUnit PriceQuantity Total
18.07 1.0300 40.00
crushed rock base for new recessed home plate area and horse mat 32 11 16 16 0016 0006 For Up To 500, Add 17 $188.70MOD Installation = x x 188.70
FactorUnit PriceQuantity Total
4.58 1.0300 40.00
$20,334.54Subtotal for Alternate 2
Section - 01
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt, invoice, or proof of payment shall be submitted with the Price Proposal.
18 $11,943.66EA
Installation = x x 11,943.66
FactorUnit PriceQuantity Total
1.00 1.1000 10,857.87
Bond and insurance 2%
$535,393.36 x 0.02 = $10,857.87
01 22 23 00 0293 3,200 To 3,500 Lb. Capacity, 78" Wide, Tracked Skid-Steer Loader With Full-Time Operator
19 $16,311.74WK
Installation = x x 16,311.74
FactorUnit PriceQuantity Total
7,918.32 1.0300 2.00
Skid steer for grading of existing aggregate base and lift and transport of stripped turf material
9/29/2025
Contractor's Price Proposal - Detail
132
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 144093.00
Murrieta - Torrey Pines Park Turf Replacement
Section - 01
01 22 23 00 0293 0069 For Equipment Without Operator, Deduct 20 -$2,538.50MOD Installation = x x -2,538.50
FactorUnit PriceQuantity Total
-4,929.12 1.0300 0.50
01 71 13 00 0002 First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization Using A Rollback Flatbed TruckIncludes loading, tie-down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as trenchers, skid-steer loaders (bobcats), industrial warehouse forklifts, sweepers, scissor platform lifts, telescoping and articulating boom man lifts with up to 40' boom lengths, etc. 21 $484.19EA
Installation = x x 484.19
FactorUnit PriceQuantity Total
470.09 1.0300 1.00
delivery of skid steer
$26,201.09Subtotal for Section - 01
Section - 32
32 18 23 29 0121 Nailer Used To Attach G9 Synthetic Turf 22 $33,925.63LF Installation = x x 33,925.63
FactorUnit PriceQuantity Total
5.27 1.0300 6,250.00
Nailer Board Replacement
32 18 23 29 0124 2" Height, Linked Monofilament Fiber, Polyethylene Synthetic Turf With Rubber/Sand Infill (FieldTurf Prestige XT 50)Excludes preparation of sub-base, grooming, sports lines and logos.
23 $412,873.44SF
Installation = x x
412,873.44
FactorUnit PriceQuantity Total
8.40 1.0300 47,720.00
FieldTurf DoublePlay Speed synthetic turf
32 91 13 36 0018 Removal Of Sod By Hand 24 $36,698.32SY Installation = x x 36,698.32
FactorUnit PriceQuantity Total
6.72 1.0300 5,302.00
Removal of existing turf
$483,497.39Subtotal for Section - 32
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$547,337.02
The Percentage of NPP on this Proposal: %
9/29/2025
Contractor's Price Proposal - Detail
133
Subcontractor Listing
144093.00
Murrieta - Torrey Pines Park Turf Replacement
CA-R8-GB-101723-HRZ IQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Re:
September 29, 2025 Date:
Proposal Value:
Contractor: Horizons Construction Co. Int'l, Inc.
$547,337.02
% Duties Name of Contractor Amount
FieldTurf 80.01$437,900.00
6.00
9/29/2025
Subcontractor Listing
134
298' BASEBALL FIELD 29'
29' 298' BASEBALL FIELD
185'
25'
135'
37'-6"
327' FIELDTURF LIMITS
327' FIELDTURF LIMITS
27'-6
"
R290'-9"
R95
'
10'
10'
10'
AllRightsReserved.ConfidentialInformation:Noportionofthesedrawingsmaybedisclosed,used,reproduced,modifiedorshown,withoutpriorwrittenconsentofFieldTurf.
DATE:ISSUE:
DRAWNBY:
CHECKEDBY:
SCALE:1"=40'
TOTALFIELDAREA:
APPROVED BY:
PRINTED NAME:
SIGNATURE:
TITLE:
DATE:
Scaleisonlyaccuratewhenthisdrawingisprintedon11”X17”paper.
PERIMETER:
47,717sq.ft.
1296ft.
Y.M./M.H.
J.B.
VINTAGE-40-50
FTVTP-2
PRESENTATION SEPTEMBER09,2025FIELDLAYOUT
TORREYPINESPARK
BASEBALLFIELD
MURRIETA,CA
NFHSSTANDARDS
SPORT COLORS:
FIELD LAYOUT NOTES:
BASEBALL
COMPLETE COLOR NAME: WHITE
PANTONE COLOR NUMBER: WHITE
BASEBALL MARKINGS ARE 4" WHITE NFHS STANDARDS.
ALL DIMENSIONS TO BE VERIFIED BEFORE ANY CONSTRUCTION BEGINS.
LEGEND:
RUST FIELDTURF
INFIELD
11,301 sq. ft.
FIELD GREEN FIELDTURF
BULLPEN
8,374 sq. ft.
RUST FIELDTURF
BULLPEN
1,200 sq.ft.
TOTAL FIELDTURF
47,717 sq. ft.
RUST FIELDTURF
WARNING TRACK
11,255 sq. ft.
OPTION03
FIELD GREEN FIELDTURF
INFIELD
6,544 sq. ft.
FIELD GREEN FIELDTURF
OUTFIELD
9,044 sq. ft.
CLAY
135
Work Order Signature Document
EZIQC Contract No.: CA-R8-GB-101723-HRZ
Murrieta - LAH Sports Park Turf Replacement
New Work Order
144094.00
Modify an Existing Work Order
Work Order Title:
Work Order Number.: Work Order Date:
X
09/29/2025
Contractor Name:
Contact:
Phone:
Contact:
Phone:
Kinan Kotrash
(714) 626-0000
Owner Name: City of Murrieta
Brian Crawford
(951) 461-6047
Horizons Construction Co. Int'l, Inc.
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R8-GB-101723-HRZ.
Brief Work Order Description:
X Will not apply: Liquidated Damages Will apply:
Estimated Completion Date:
Estimated Start Date: Time of Performance
Work Order Firm Fixed Price: $447,513.34
Owner Purchase Order Number:
Approvals
Date DateHorizons Construction Co. Int'l, Inc. City of Murrieta
2.00
9/29/2025
Work Order Signature Document
136
3.00 Detailed Scope of Work
Brian Crawford Kinan Kotrash To: From:
Horizons Construction Co. Int'l, Inc. City of Murrieta
432 W. Meats Ave. 1 Town Square
Orange, CA 92865 Murrieta, CA 92562
(714) 626-0000 (951) 461-6047
Work Order Number:
September 29, 2025 Date Printed:
144094.00
Murrieta - LAH Sports Park Turf Replacement Work Order Title:
Brief Scope:
Revised Final Preliminary X
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.
Murrieta - LAH Sports Park Turf Replacement
Detailed scope of work:
Base scope of work:
1. Site Preparation & Demolition
Remove and dispose of the existing synthetic turf system across the soccer field area. Regrade the existing aggregate base to meet FieldTurf tolerances. Existing base is assumed to be a Class II permeable aggregate.
2. Nailer Board Replacement
Remove and replace existing nailer boards, up to 980 linear feet, to ensure compatibility with the new turf system and proper anchoring.
3. Synthetic Turf Installation
Furnish and install FieldTurf Vertex CORE 2" synthetic turf system across the entire playing surface. The system includes:
o 2-inch pile height
o Sand and cryogenic rubber infill
o Standard FieldTurf backing system and performance specifications.
4. Field Markings
Furnish and install inlaid soccer field markings in compliance with regulation soccer standards. Markings to be permanently integrated into the turf system for long-term durability.
5. Maintenance Equipment
Provide and include GroomRight and FieldSweep maintenance equipment for long-term upkeep of the turf system.
6. Warranty
Provide a 10-year third-party pre-paid insured warranty on the FieldTurf artificial grass surface. Warranty covers standard use areas and is backed by an independent insurer.
9/29/2025
Scope of Work
137
Detailed Scope of Work Continues..
Work Order Title:
Work Order Number: 144094.00
Murrieta - LAH Sports Park Turf Replacement
Subject to the terms and conditions of ezIQC Contract CA-R8-GB-101723-HRZ.
Horizons Construction Co. Int'l, Inc. Date
Date City of Murrieta
9/29/2025
Scope of Work
138
4.00 Contractor's Price Proposal - Summary
Owner PO #:
Murrieta - LAH Sports Park Turf Replacement
144094.00
CA-R8-GB-101723-HRZ IQC Master Contract #:
Work Order #:
Title:
Re:
September 29, 2025 Date:
Proposal Value:
Contractor: Horizons Construction Co. Int'l, Inc.
$447,513.34
-$28,366.44Section - 01
$475,879.78Section - 32
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$447,513.34
The Percentage of NPP on this Proposal: %
9/29/2025
Contractor's Price Proposal - Summary
139
5.00 Contractor's Price Proposal - Detail
Murrieta - LAH Sports Park Turf Replacement
144094.00
CA-R8-GB-101723-HRZ IQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Re:
September 29, 2025 Date:
Proposal Value:
Contractor: Horizons Construction Co. Int'l, Inc.
$447,513.34
(Excludes) Equip. Material Labor
Line TotalDescription UOM Mod. Item Sect.
Section - 01
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt, invoice, or proof of payment shall be submitted with the Price Proposal.
1 -$38,000.00EA
Installation = x x -38,000.00
FactorUnit PriceQuantity Total
1.00 1.0000-38,000.00
Contractor discount
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt, invoice, or proof of payment shall be submitted with the Price Proposal.
2 $9,633.56EA
Installation = x x 9,633.56
FactorUnit PriceQuantity Total
1.00 1.1000 8,757.78
Bond and insurance 2%
$437,879.78 x 0.02 = $8,757.78
-$28,366.44Subtotal for Section - 01
Section - 32
32 18 23 29 0121 Nailer Used To Attach G9 Synthetic Turf 3 $5,210.98LF Installation = x x 5,210.98
FactorUnit PriceQuantity Total
5.27 1.0300 960.00
Replace nailer boards
32 18 23 29 0124 2" Height, Linked Monofilament Fiber, Polyethylene Synthetic Turf With Rubber/Sand Infill (FieldTurf Prestige XT 50)Excludes preparation of sub-base, grooming, sports lines and logos.
4 $470,668.80SF
Installation = x x
470,668.80
FactorUnit PriceQuantity Total
8.40 1.0300 54,400.00
Install FieldTurf Vertex CORE 2"
includes inlaid soccer markings, groomright and fieldsweep $475,879.78Subtotal for Section - 32
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$447,513.34
The Percentage of NPP on this Proposal: %
9/29/2025
Contractor's Price Proposal - Detail
140
Subcontractor Listing
144094.00
Murrieta - LAH Sports Park Turf Replacement
CA-R8-GB-101723-HRZ IQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Re:
September 29, 2025 Date:
Proposal Value:
Contractor: Horizons Construction Co. Int'l, Inc.
$447,513.34
% Duties Name of Contractor Amount
FieldTurf 83.20$372,340.00
6.00
9/29/2025
Subcontractor Listing
141
300' SOCCER FIELD (O/O)
150' SOCCER FIELD (O/O)
320' FIELDTURF LIMITS
170' FIELDTURF LIMITS
10'10'
10' 10'
AllRightsReserved.ConfidentialInformation:Noportionofthesedrawingsmaybedisclosed,used,reproduced,modifiedorshown,withoutpriorwrittenconsentofFieldTurf.
DATE:ISSUE:
DRAWNBY:
CHECKEDBY:
SCALE:1"=30'
TOTALFIELDAREA:
CONCEPTUAL DRAWINGS ONLY: DRAWINGS ARE INTENDED ONLY TO BE A GRAPHIC RENDERING FOR PURPOSES OF PRELIMINARY PRESENTATION; ALL DISTANCES AND MEASUREMENTS ARE APPROXIMATE IN NATURE AND SUBJECT TO FIELD VERIFICATION.
APPROVED BY:
PRINTED NAME:
SIGNATURE:
TITLE:
DATE:
Scaleisonlyaccuratewhenthisdrawingisprintedon11”X17”paper.
PERIMETER:
54,400sq.ft.
980ft.
Y.M.
J.B.
FTVTP2-CORE
PRESENTATION FEBRUARY18,2025FIELDLAYOUT
LOSALAMOSSPORTSPARK
SOCCERFIELD
MURRIETA,CA
SPORT COLORS:
FIELD LAYOUT NOTES:
SOCCER
COMPLETE COLOR NAME: WHITE
PANTONE COLOR NUMBER: WHITE
SOCCER MARKINGS ARE 4" WHITE NON-STANDARD.
ALL DIMENSIONS TO BE VERIFIED BEFORE ANY CONSTRUCTION BEGINS.
LEGEND:
RED FIELDTURF
9,388 sq. ft.
FIELD/SUMMER GREEN FIELDTURF
45,012 sq. ft.
TOTAL FIELDTURF
54,400 sq. ft.
142
143
144
145
146
CITY OF MURRIETA
City Council Meeting Agenda
Report
11/4/2025
Agenda Item No. 6.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Crawford, Municipal Services Director
PREPARED BY: Sarah Russell, Management Analyst
SUBJECT:
Purchase of Municipal Services Dump Trucks
RECOMMENDATION
Approve the purchase of two Ford F-750 dump trucks under the City's current agreement with Enterprise Fleet Management; and
Authorize the City Manager to execute the Enterprise Open-End (Equity) Lease Rate Quote No. 8781562.
PRIOR ACTION/VOTE
On May 7, 2019, the City Council adopted Resolution 19-4080, approving 1) Execution of the Enterprise Fleet Management Agreement, and 2) Authorizing the City Manager to execute the Enterprise Agreement and all related documents on behalf of the City (Vote: 5-0).
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
DISCUSSION
The California Air Resources Board (CARB) Advanced Clean Fleet (ACF) Regulation, implemented in January 2024, is designed to accelerate the transition of truck fleets operating in California to zero-emission vehicles (ZEVs) to improve air quality and meet climate goals. For local governments, fifty percent (50%) of new vehicle purchases must be ZEVs starting in 2027, and one hundred percent (100%) of purchases by 2030.
The Municipal Services Department operates two (2) diesel-powered dump trucks, a 2003 and a 2007 Ford F- 750, that require increased maintenance and the growing frequency of CARB-mandated emissions testing and reporting. The Department wants to replace these dump trucks with modern, gasoline-powered Ford F-750s.
Gasoline-powered trucks have cleaner emissions, require less maintenance, are less expensive to operate, and follow a routine emissions testing schedule of once every two (2) years. Purchasing the trucks now will hedge against changing regulations impacting diesel trucks, allowing the City of Murrieta (City) to get ahead of CITY OF MURRIETA Printed on 10/30/2025Page 1 of 3
powered by Legistar™
147
11/4/2025
Agenda Item No. 6.
the coming ACF regulation.
The City currently contracts with Enterprise Fleet Management (EFM) to procure and dispose of fleet vehicles.
EFM can only lease vehicles to its customers since the company is not a car dealership, and there are multiple ways to structure leases. Generally, the City has structured leases to pay down the full capitalized cost of the vehicle, plus fees, over 60 months, with no residual amount owed at the end of the lease period. Paying the cost over time benefits agencies that cannot commit funds to large capital expenditures. In 2019, the City had a relatively old non-public safety fleet that needed to be replaced, so paying for the vehicles over 60 months made sense. However, starting this fiscal year, a fleet vehicle replacement fund has been established so that these capital expenditures can be planned and funded over several years.
The plan is to procure two (2) Ford F-750 truck chassis from EFM and structure the lease for 12 months. The City will pay the capital cost for each vehicle upfront, just holding back on one dollar ($1.00), paid at the end of the 12-month lease to keep the lease active. EFM will also charge a monthly lease fee, taxes, and a lease termination fee, totaling less than $1,500 for each vehicle. At the end of the year, the City will get title to the vehicles. Structuring a lease like this with EFM has significant advantages over the City purchasing these vehicles directly from a dealership, such as:
· The City does not pay interest fees on the vehicle capital costs. · EFM has access to government pricing and incentives from vehicle manufacturers, and vehicles can be custom-ordered to fit the needs of the City.
· EFM staff configure vehicles, obtain equipment upfit quotes, and handle Department of Motor Vehicles (DMV) paperwork.
· EFM staff will transport vehicles from dealerships to equipment upfitters and finally to City offices for use.
· Lease fees include access to ancillary services, including a web-based fleet management software package that tracks maintenance, fuel purchases, etc.
The total upfront capital expense includes the cost of the Ford F-750 chassis; upfitting by Phenix Enterprises Upfitting to include the installation of a 10 foot, 5-7 yard dump body, and other ancillary accessories; and fees and taxes. EFM provided the quotes for the Ford F-750 chassis in September 2025. Receiving the trucks could take 3-6 months after the order is submitted. Staff recommends a contingency of $10,000 per vehicle to accommodate any significant changes in upfit costs or any last-minute price increases from Ford.
Item Unit Cost Total
Ford F-750 Chassis $ 67,701.58 $ 135,403.16 Phenix Dump Truck Upfit $ 41,091.01 $ 82,182.02 Delivery $ 510.00 $ 1,020.00
Title, Tax, & License (TT&L) $ 11,237.20 $ 22,474.40 Subtotal $ 120,539.79 $ 241,079.58
12 Month Lease Fees $ 1,009.68 $ 2,019.36 Termination Fees $ 400.00 $ 800.00 Total $ 121,949.47 $ 243,898.94
CITY OF MURRIETA Printed on 10/30/2025Page 2 of 3
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11/4/2025
Agenda Item No. 6.
FISCAL IMPACT
The monthly lease fees for Quote 8781562, which is $2,019.36 for 12 months, will be expensed from the following two accounts: 1116160-61920 and 1116160-61560. There is adequate funding for both units in the fiscal year (FY) 2025/26 operating budget. The upfront capital price expense plus the remaining fees for both units is $241,879.58. Funding is available in the FY 2025/26 operating budget account 7158200-71060.
If the final cost of the vehicles is higher than expected, staff requests a contingency amount of $10,000 per vehicle. This budget will only be implemented if the costs are higher than expected.
ATTACHMENTS
1. Enterprise Open End Lease Rate Quote 8781562
2. Phenix Dump Truck Upfit Quote TQ52573
3. Master Equity Lease Agreement
CITY OF MURRIETA Printed on 10/30/2025Page 3 of 3
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Prepared For: City of Murrieta Date 10/01/2025
Nickerson, Steve AE/AM JDD/EF
Unit #
Year 2026 Make Ford Model F-750 Gas
Series Base Regular Cab Base
Vehicle Order Type Ordered Term 60 State CA Customer# 545408 $ 108,792.59 Capitalized Price of Vehicle 1
$0.00 * Sales Tax 0.0000% State CA
$ 1,498.30 * Initial License Fee
$ 0.00 Registration Fee
$ 510.00 Other: (See Page 2)
$ 109,301.59 * Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Security Deposit
$9,738.90 * Taxes
All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.
Order Information
Driver Name -
Exterior Color (0 P) Oxford White
Interior Color (0 I) Gray
Lic. Plate Type Exempt
GVWR 0
$ 1.00 Total Capitalized Amount (Delivered Price)
$ 0.01 Depreciation Reserve @ 1.0000%
$ 77.36 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 77.37 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 0.00 Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $ 0.0720 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal
$ 6.77 Tax 8.7500% State CA
$ 84.14 Total Monthly Rental Including Additional Services $ 0.40 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 7,500
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.
Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.
ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.
Lessee hereby authorizes this vehicle order, and agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement. In the event Lessee fails or refuses to accept delivery of the ordered vehicle, Lessee agrees that Lessor shall have the right to collect damages, including, but not limited to, a $500 disposal fee, interest incurred, and loss of value.
LESSEE City of Murrieta
BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized price of vehicle may be adjusted to reflect final manufacturer's invoice, plus a pre delivery interest charge. Lessee hereby assigns to Lessor any manufacturer rebates and/or manufacturer incentives intended for the Lessee, which rebates and/or incentives have been used by Lessor to reduce the capitalized price of the vehicle. 2 Monthly lease charge will be adjusted to reflect the interest rate on the delivery date (subject to a floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.
Open-End (Equity) Lease Rate Quote Quote No: 8781562
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150
Aftermarket Equipment Total
Description (B)illed or (C)apped Price
Truck Body Toolbox - Phenix Quote TQ52573 (AME Quote: TQ52573) C $ 0.00 Receiver Hitch - Phenix Quote TQ52573 (AME Quote: TQ52573) C $ 0.00 Dump Truck - Phenix Quote TQ52573 (AME Quote: TQ52573) C $ 41,091.01 Ship-thru Re-install - Manning Ship-Thru C $ 0.00
Total Aftermarket Equipment Billed $ 0.00
Total Aftermarket Equipment Capitalized $ 41,091.01
Aftermarket Equipment Total $ 41,091.01
Other Totals
Description (B)illed or (C)apped Price
Initial Administration Fee C $ 60.00
Courtesy Delivery Fee C $ 450.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 510.00
Other Charges Total $ 510.00
Open-End (Equity) Lease Rate Quote Quote No: 8781562
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VEHICLE INFORMATION:
2026 Ford F-750 Gas Base Regular Cab Base - US
Series ID: F7A
Pricing Summary:
INVOICE MSRP
Base Vehicle $62,716 $71,880.00
Total Options $4,490.58 $4,990.00
Destination Charge $2,495.00 $2,495.00
Total Price
SELECTED COLOR:
Exterior: YZ-(0 P) Oxford White
Interior: E-(0 I) Gray
SELECTED OPTIONS:
CODE DESCRIPTION INVOICE MSRP
12 14 Gal. Single Tank Fuel Fill. Mandatory Charge Applied, Based On Tank Selection $41.58 $0.00 152 Trailer Connection Socket - 7-Way, Wired for Turn Signals Combined with Stop $88.00 $100.00 158WB 158" Wheelbase/84" CA/49" AF/246" OAL STD STD
15S Front Stabilizer Bar $433.00 $490.00
16V Voltmeter $88.00 $100.00
17M Back-Up Alarm - Electric, 102 dBA $97.00 $110.00
18A Electronic Stability Control DELETE $-101.00 $-115.00 18D Special Rating GVWR - Limited to 25,999 lb. GVWR $106.00 $120.00 21A Pre-Delivery Inspection NC NC
314 Ship-Thru - Manning $45.00 $0.00
41B Transmission Power Take-Off Provision w/LiveDrive Capability and Tow/Haul $260.00 $295.00 425 50-State Emissions NC NC
43P 12,000 lb. Cap. Non-Driving - Dana E-1202I - I-Beam Type $464.00 $525.00 44P Ford TorqShift HD 6-Speed Automatic - Double Overdrive, LESS PTO Provision and Tow/Haul STD STD
475 21,000 lb. Single Reduction - Open - Dana / Spicer 21060S STD STD 535 Single Channel - Straight 'C' 15.14 SM, 80,000 PSI STD STD 54F Mirrors, Trailer Tow, Powered - Sail Mount - w/Power Telescoping & Power Folding $322.00 $365.00 55M Jump Start Stud - Remote Mounted $80.00 $90.00
55P 110 A/C Outlet - in Lower Center Finish Panel $88.00 $100.00 588 Radio: AM/FM Stereo w/2 Speakers, USB input, Clock Display and Bluetooth STD STD 59C Body Builder Wiring - At End of Frame, Combined - (ILO Standard - Back of Cab Combined) $119.00 $135.00
59F Four Body Builder Switches - Mounted in Center Instrument Panel $111.00 $125.00 600A Preferred Equipment Package 600A NC NC
607 Lube, Rear Axle, EmGard 75W-90, Synthetic Oil $88.00 $100.00 60A Lube, Front Axle, EmGard 50W, Synthetic Oil $44.00 $50.00 61E Taper-Leaf Springs, Parabolic - 13,200 lb. Cap $322.00 $365.00 61M Rear View Camera w/Mirror Display $494.00 $560.00
63B Battery - Two 900 CCA, 1800 Total, Includes Steel Battery Box $53.00 $60.00 643 Wheels, Front 22.5" x 8.25" White Powder Coated Steel, 10-Hole STD STD 65A Fuel Tank - LH 50 Gallon - Steel STD STD
663 Wheels, Rear 22.5" x 8.25" White Powder Coated Steel, 10-Hole STD STD 67H Hydraulic Brake System - Bosch HydroMax w/Traction Control STD STD $69,701.58 $79,365.00
Open-End (Equity) Lease Rate Quote Quote No: 8781562
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CODE DESCRIPTION INVOICE MSRP
68R Multi-Leaf Springs - 23,000 lb. Cap $203.00 $230.00 766 Bumper, Front - Black, Full Width Included Included 86A Painted Grille - Plastic Included Included
87S Fleet Safety Kit $181.00 $205.00
88A 30/0/30 Fixed Driver & Fixed Passenger w/Consolette - Vinyl STD STD 90A Appearance Group $719.00 $815.00
90P Power Equipment Group - (Included in (90A) Appearance Group) Included Included 91H Single, Horizontal Muffler - Frame Mounted Right Side Back of Cab w/Catalytic Converter STD STD
961 Shock Absorbers, Rear - Double Acting $145.00 $165.00 99N 7.3L 2V DEVCT NA PFI V8 Gas - 335 HP @ 3750 rpm STD STD E_01 (0 I) Gray NC NC
FLOOR Floor Covering - Black Vinyl Included Included
FRSEAL Wheel Seals, Front - Oil lubricated, SKF ScotSeal PlusXL Seals Included Included G1GAF Chrome Trimmed Air Registers w/Positive Shut-Off Included Included HOOKS Tow Hooks, Front (2) - Frame-Mounted, Painted Black Included Included LIGHTS Lights - Roof Marker/Clearance - Amber Lenses, 5 Lights Included Included OIL Intelligent Oil Life Monitor Included Included
PAINT Paint Type - Environmentally Friendly, "3 - Wet System" STD STD R2A Tires, Rear Four 11R22.5H Goodyear Fuel Max RSA (497 rev/mile) STD STD REMOTE Remote Keyless Entry Included Included
RRSEAL Wheel Seals, Rear - Oil lubricated, SKF ScotSeal PlusXL Seals Included Included STDALT Extra Heavy Duty Alternator - 12-Volt, 210 Amp Mitsubishi Included Included STEER Steering Wheel - Black PVC w/Integral Cruise Control Switches, includes Audio Controls Included Included
T2A Tires, Front Two 11R22.5H Goodyear Fuel Max RSA (497 rev/mile) STD STD TILT Steering Column - Tilt / Telescoping Included Included X7A 7.17 Axle Ratio NC NC
YZ_01 (0 P) Oxford White NC NC
Open-End (Equity) Lease Rate Quote Quote No: 8781562
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CONFIGURED FEATURES:
Body Exterior Features:
Number Of Doors 2
Driver And Passenger Mirror: power remote heated power folding side-view door mirrors with turn signal indicator Convex Driver Mirror: convex driver and passenger mirror Side Steps: yes
Door Handles: black
Front And Rear Bumpers: black front and rear bumpers
Front Tow Hooks: 2 front tow hooks
Front Mud Flaps: front and rear mud flaps
Body Material: composite/galvanized steel body material : trailering with harness
Grille: black grille
Upfitter Switches: upfitter switches
Convenience Features:
Air Conditioning manual air conditioning
Cruise Control: cruise control with steering wheel controls Power Windows: power windows with driver and passenger 1-touch down Remote Keyless Entry: yes remote keyless entry
Illuminated Entry: illuminated entry
Auto Locking: auto-locking doors
Steering Wheel: steering wheel with manual tilting, manual telescoping Front Cupholder: front cupholder
Floor Console: partial floor console
Overhead Console: mini overhead console with storage
Glove Box: glove box
Driver Door Bin: driver and passenger door bins
Dashboard Storage: dashboard storage
IP Storage: bin instrument-panel storage
Driver Footrest: driver's footrest
Power Accessory Outlet: 2 12V DC power outlets
AC Power Outlet: 1 interior 120V AC power outlet
Entertainment Features:
radio AM/FM stereo with seek-scan
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 2 speakers
Internet Access: 4G LTE Embedded Modem internet access Wireless Connectivity: wireless phone connectivity
Antenna: fixed antenna
Lighting, Visibility and Instrumentation Features:
Headlamp Type delay-off reflector halogen headlamps
Cab Clearance Lights: cab clearance lights
Front Wipers: variable intermittent speed-sensitive wipers wipers Tinted Windows: light-tinted windows
Dome Light: dome light with delay
Front Reading Lights: front reading lights
Variable IP Lighting: variable instrument panel lighting Display Type: analog appearance
Tachometer: tachometer
Voltometer: voltmeter
Trip Computer: trip computer
Trip Odometer: trip odometer
Oil Pressure Gauge: oil pressure gauge
Water Temp Gauge: water temp. gauge
Oil Temp Gauge: oil temperature gauge
Transmission Oil Temp Gauge: transmission oil temp. gauge Engine Hour Meter: engine hour meter
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154
Clock: digital clock
Systems Monitor: driver information centre
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Door Ajar Warning: door-ajar warning
Brake Fluid Warning: brake-fluid warning
Transmission Fluid Temperature Warning: transmission-fluid-temperature warning Safety And Security:
ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Type: hydraulic disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Panic Alarm: panic alarm
Tracker System: tracker system
Traction Control: ABS traction control
Seats And Trim:
Seating Capacity max. seating capacity of 2
Driver Seat Mounted Armrest: driver and passenger seat mounted armrests Leather Upholstery: vinyl front seat upholstery
Headliner Material: full cloth headliner
Floor Covering: full vinyl/rubber floor covering
Shift Knob Trim: urethane shift knob
Interior Accents: chrome interior accents
Standard Engine:
Engine 335-hp, 7.3-liter V-8 (regular gas)
Standard Transmission:
Transmission 6-speed automatic w/ OD
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155
QUOTE
Quote Date:
Quote Valid Until:
Terms:Phone:
Quote ID:
9/11/2025
TQ52573
12/11/2025
Net 30
www.phenixtruckbody.com
(909) 469-0411
Phenix Enterprises, Inc.
1785 Mt Vernon Ave
Pomona CA 91768
Sold To: Ship To: Contact:
Phone:
Email:
Salesperson: Tyler Wick
[email protected]
Part Number Description Quantity Unit Price Amount
Title Installed: 10' Dump Body (5-7 Yard, White),
Automatic Pull Tarp System, Tow Package,
OEM Camera, Underbody Toolbox
1 $41,091.01 $41,091.01
RUG-
TITANDUMP-10-
PKG
Rugby 10ft, 5-7 Yard Titan Dump Body Package 1 EA $0.00 $0.00 RUG-1932492 DU-T2-SD-CS-RS 1000-24-34-96WUSNAR-S 1 EA $0.00 $0.00 RUG-1903283 Titan Basic LED Light Kit 1 EA $0.00 $0.00 RUG-1512346 TS 1/2 Primed Cab Shield 1 EA $0.00 $0.00
RUG-1581204 LR-623 Hoist 1 EA $0.00 $0.00
RUG-1539746 LR-26/28/623/2355 Subframe 1 EA $0.00 $0.00 RUG-1657498 SF Lift Shaft, 26C/623/28A/2355 Kit 1 EA $0.00 $0.00 RUG-1853399 LR-26B, 28A RT DM Hoist 1 EA $0.00 $0.00
RUG-1718918 6 GPM 7/8-13 CW/CCW Gear Pump 1 EA $0.00 $0.00 RUG-1906329 RT250 Electric Valve Kit 1 EA $0.00 $0.00
RUG-2493059 APSCO 21 Quart Electric Valve Reservoir
Assembly
1 EA $0.00 $0.00
PHX-PAINT-103 Phenix Dump Body Paint- White 1 EA $0.00 $0.00 PUL-96-AUTO-
TARPSYSTM
96in EZ-Mount Automatic Tarp System 1 EA $0.00 $0.00
PUL-208-9610 96in Electric Steel Protector 1 EA $0.00 $0.00 PUL-501-1768 EZ-Mount 4-Spring Enclosed Arm Kit to 22ft Steel Bent w/Wire
1 EA $0.00 $0.00
PUL-517-5909 1.3HP 12-Volt Motor & Gearbox 90:1 (5-Yr
Warranty)
1 EA $0.00 $0.00
PUL-514-0114 Smart Switch, Basic Kit, 12-Volt 1 EA $0.00 $0.00 PUL-699-0011 None Required (Mounting Position A) 1 EA $0.00 $0.00 PUL-501-0617 Steel Protector System Hardware Kit 1 EA $0.00 $0.00 PUL-434-1604 16ft Steel Teardrop Arm Tarp- 192in Long x 86in Wide
1 EA $0.00 $0.00
PHX-FAB Phenix Fabricated - Pintle Hitch 1 EA $0.00 $0.00 HOP-40975 7 Blade Multi-Tow Plug-In Trailer Connector - Hopkins
1 EA $0.00 $0.00
PHX-OEMCAM Phenix OEM Camera Install 1 EA $0.00 $0.00
NAP-755-2061 Hopkins Trailer Brake Controller 1 EA $0.00 $0.00 Make: Ford Model: F-750 Year: 2026 Single/Dual: DRW
Cab Type: Regular Wheelbase: 158 Cab-to-Axle: 84 Engine Type: Gas VIN: TBD
ENTERPRISE FLEET
MANAGEMENT-ST LOUIS
9315 Olive Blvd
Saint Louis MO 63132
Phenix Enterprises, Inc.
1785 Mt. Vernon Ave
Pomona CA 91768
(314) 274-5150
[email protected]
Justin Murray
Thank you for the opportunity to quote your Truck & Van Equipment needs!
156
QUOTE
Quote Date:
Quote Valid Until:
Terms:Phone:
Quote ID:
9/11/2025
TQ52573
12/11/2025
Net 30
www.phenixtruckbody.com
(909) 469-0411
Phenix Enterprises, Inc.
1785 Mt Vernon Ave
Pomona CA 91768
Part Number Description Quantity Unit Price Amount
BUY-1732410 Buyers Underbody Toolbox - 48" X 18" X 18" 1 EA $0.00 $0.00 $41,091.01
$0.00
$41,091.01
$0.00
Grand Total:
Sales Tax:
Sub Total:
Freight:
Print Name:
VIN:
P.O. Number:
Date:Signature:
Thank you for the opportunity to quote your Truck & Van Equipment needs!
157
FLEET MANAGEMENT
MASTER EQUITY LEASE AGREEMENT
This Master Equity Lease Agreement is entered into this-7 day of M , 2019, by and between Enterprise FM Trust, a Delaware statutory trust ("Lessor"), and the lessee whose name and address is set forth on thetZure page below ("Lessee").
1. LEASE OF VEHICLES: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles (individually, a "Vehicle" and collectively, the "Vehicles") described in the schedules from time to time delivered by Lessor to Lessee as set forth below ("Schedule(s)") for the rentals and on the terms set forth in this Agreement and in the applicable Schedule. References to this "Agreement" shall include this Master Equity Lease Agreement and the various Schedules and addenda to this Master Equity Lease Agreement, each of which are incorporated herein as part of a single, unitary Agreement. Lessor will, on or about the date of delivery of each Vehicle to Lessee, send Lessee a Schedule covering the Vehicle, which will include, among other things, a description of the Vehicle, the lease term and the monthly rental and other payments due with respect to the Vehicle. The terms contained in each such Schedule will be binding on Lessee unless Lessee objects in writing to such Schedule within ten (10) days after the date of delivery of the Vehicle covered by such Schedule. Lessor is the sole legal owner of each Vehicle. This Agreement is a lease only and Lessee will have no right, title or interest in or to the Vehicles except for the use of the Vehicles as described in this Agreement. This Agreement shall be treated as a true lease for federal and applicable state income tax purposes with Lessor having all benefits of ownership of the Vehicles. It is understood and agreed that Enterprise Fleet Management, Inc. or an affiliate thereof (together with any subservicer, agent, successor or assign as servicer on behalf of Lessor, "Servicer") may administer this Agreement on behalf of Lessor and may perform the service functions herein provided to be performed by Lessor.
2. TERM: The term of this Agreement ("Term") for each Vehicle begins on the date such Vehicle is delivered to Lessee (the "Delivery Date") and, unless terminated earlier in accordance with the terms of this Agreement, continues for the "Lease Term" as described in the applicable Schedule.
3. RENT AND OTHER CHARGES:
(a) Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules and this Agreement. The monthly payments will be in the amount listed as the "Total Monthly Rental Including Additional Services" on the applicable Schedule (with any portion of such amount identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet Management, Inc.) and will be due and payable in advance on the first day of each month. If a Vehicle is delivered to Lessee on any day other than the first day of a month, monthly rental payments will begin on the first day of the next month. In addition to the monthly rental payments, Lessee agrees to pay Lessor a pro-rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. A portion of each monthly rental payment, being the amount designated as "Depreciation Reserve" on the applicable Schedule, will be considered as a reserve for depreciation and will be credited against the Delivered Price of the Vehicle for purposes of computing the Book Value of the Vehicle under Section 3(c).
Lessee agrees to pay Lessor the "Total Initial Charges" set forth in each Schedule on the due date of the first monthly rental payment under such Schedule. Lessee agrees to pay Lessor the "Service Charge Due at Lease Termination" set forth in each Schedule at the end of the applicable Term (whether by reason of expiration, early termination or otherwise). (b) In the event the Term for any Vehicle ends prior to the last day of the scheduled Term, whether as a result of a default by Lessee, a Casualty Occurrence or any other reason, the rentals and management fees paid by Lessee will be recalculated in accordance with the rule of 78's and the adjusted amount will be payable by Lessee to Lessor on the termination date. (c) Lessee agrees to pay Lessor within thirty (30) days after the end of the Term for each Vehicle, additional rent equal to the excess, if any, of the Book Value of such Vehicle over the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule. If the Book Value of such Vehicle is less than the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule, Lessor agrees to pay such deficiency to Lessee as a terminal rental adjustment within thirty (30) days after the end of the applicable Term, subject to Lessor's right to recoup any amounts Lessor would owe to Lessee under this Section 3(c) against any obligations of Lessee to Lessor under this Agreement. Notwithstanding the foregoing, if (i) the Term for a Vehicle is greater than forty-eight (48) months (including any extension of the Term for such Vehicle), (ii) the mileage on a Vehicle at the end of the Term is greater than 15,000 miles per year on average (prorated on a daily basis) (i.e., if the mileage on a Vehicle with a Term of thirty-six (36) months is greater than 45,000 miles) or (iii) in the sole judgment of Lessor, a Vehicle has been subject to damage or any abnormal or excessive wear and tear, the calculations described in the two immediately preceding sentences shall be made without giving effect to clause (ii) in each such sentence. The "Book Value" of a Vehicle means the sum of (i) the "Delivered Price" of the Vehicle as set forth in the applicable Schedule minus (ii) the total Depreciation Reserve paid by Lessee to Lessor with respect to such Vehicle plus. (iii) all accrued and unpaid rent and/or other amounts owed by Lessee with respect to such Vehicle. (d) Any security deposit of Lessee will be returned to Lessee at the end of the applicable Term, except that the deposit will first be applied to and recouped against any losses and/or damages suffered by Lessor as a result of Lessee's breach of or default under this Agreement and/or to any other amounts then owed by Lessee to Lessor.
(e) Any rental payment or other amount owed by Lessee to Lessor which is not paid within twenty (20) days after its due date will accrue interest, payable on demand of Lessor, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate permitted by applicable law (the "Default Rate"). (f) If Lessee fails to pay any amount due under this Agreement or to comply with any of the covenants contained in this Agreement, Lessor, Servicer or any other agent of Lessor may, at its option, pay such amounts or perform such covenants and all sums paid or incurred by Lessor in connection therewith will be repayable by Lessee to Lessor upon demand together with interest thereon at the Default Rate. (g) Lessee's obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments shall be made in immediately available funds without setoff, counterclaim or deduction of any kind. Lessee acknowledges and agrees that neither any Casualty Occurrence to any Vehicle nor any defect, unfitness or lack of governmental approval in, of, or with respect to, any Vehicle regardless of the cause or consequence nor any breach by Enterprise Fleet Management, Inc. of any maintenance agreement between Enterprise Fleet Management, Inc. and Lessee covering any Vehicle regardless of the cause or consequence will relieve Lessee from the performance of any of its obligations under this Agreement, including, without limitation, the payment of rent and other amounts under this Agreement.
4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles.
Lessee agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances and the provisions of all insurance policies affecting or covering the Vehicles or their use or operation. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any illegal purpose or to pull trailers that exceed the manufacturer's trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a "school bus" as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not to remove any Vehicle from the continental United States without first obtaining Lessor's written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at its risk and expense agrees to return such Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor. If for any reason Lessee fails to return any Vehicle to Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal pro-rated 4851-4809-7897.1
158
daily rent. Acceptance of such additional rent by Lessor will in no way limit Lessor's remedies with respect to Lessee's failure to return any Vehicle as required hereunder.
5. COSTS, EXPENSES, FEES AND CHARGES: Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and taxes (other than federal and state income taxes on the income of Lessor) incurred in connection with the titling, registration, delivery, purchase, sale, rental, use or operation of the Vehicles during the Term. If Lessor, Servicer or any other agent of Lessor incurs any such costs or expenses, Lessee agrees to promptly reimburse Lessor for the same.
6. LICENSE AND CHARGES: Each Vehicle will be titled and licensed in the name designated by Lessor at Lessee's expense. Certain other charges relating to the acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental, treated as an initial charge or otherwise charged to Lessee. Such charges have been determined without reduction for trade-in, exchange allowance or other credit attributable to any Lessor-owned vehicle.
7. REGISTRATION PLATES, ETC.: Lessee agrees, at its expense, to obtain in the name designated by Lessor all registration plates and other plates, permits, inspections and/or licenses required in connection with the Vehicles, except for the initial registration plates which Lessor will obtain at Lessee's expense. The parties agree to cooperate and to furnish any and all information or documentation, which may be reasonably necessary for compliance with the provisions of this Section or any federal, state or local law, rule, regulation or ordinance. Lessee agrees that it will not permit any Vehicle to be located in a state other than the state in which such Vehicle is then titled for any continuous period of time that would require such Vehicle to become subject to the titling and/or registration laws of such other state.
8. MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES:
(a) Lessee agrees, at its expense, to (i) maintain the Vehicles in good condition, repair, maintenance and running order and in accordance with all manufacturer's instructions and warranty requirements and all legal requirements and (ii) furnish all labor, materials, parts and other essentials required for the proper operation and maintenance of the Vehicles. Any alterations, additions, replacement parts or improvements to a Vehicle will become and remain the property of Lessor and will be returned with such Vehicle upon such Vehicle's return pursuant to Section 4. Notwithstanding the foregoing, so long as no Event of Default has occurred and is continuing, Lessee shall have the right to remove any additional equipment installed by Lessee on a Vehicle prior to returning such Vehicle to Lessor under Section 4. The value of such alterations, additions, replacement parts and improvements will in no instance be regarded as rent. Without the prior written consent of Lessor, Lessee will not make any alterations, additions, replacement parts or improvements to any Vehicle which detract from its economic value or functional utility. Lessor will not be required to make any repairs or replacements of any nature or description with respect to any Vehicle, to maintain or repair any Vehicle or to make any expenditure whatsoever in connection with any Vehicle or this Agreement.
(b) Lessor and Lessee acknowledge and agree that if Section 4 of a Schedule includes a charge for maintenance, (i) the Vehicle(s) covered by such Schedule are subject to a separate maintenance agreement between Enterprise Fleet Management, Inc. and Lessee and (ii) Lessor shall have no liability or responsibility for any failure of Enterprise Fleet Management, Inc. to perform any of its obligations thereunder or to pay or reimburse Lessee for its payment of any costs and expenses incurred in connection with the maintenance or repair of any such Vehicle(s).
9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES:
(a) LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OF A
SIZE, DESIGN, CAPACITY, TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND REPAIR AND IS SATISFACTORY IN ALL RESPECTS AND IS SUITABLE FOR LESSEE'S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OF ANY VEHICLE OR AN AGENT OF A MANUFACTURER OF ANY VEHICLE. (b) LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY VEHICLE,
INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. THE VEHICLES ARE LEASED "AS IS," WITH ALL FAULTS." All warranties made by any supplier, vendor and/or manufacturer of a Vehicle are hereby assigned by Lessor to Lessee for the applicable Term and Lessee's only remedy, if any, is against the supplier, vendor or manufacturer of the Vehicle. (c) None of Lessor, Servicer or any other agent of Lessor will be liable to Lessee for any liability, claim, loss, damage (direct, incidental or consequential) or expense of any kind or nature, caused directly or indirectly, by any Vehicle or any inadequacy of any Vehicle for any purpose or any defect (latent or patent) in any Vehicle or the use or maintenance of any Vehicle or any repair, servicing or adjustment of or to any Vehicle, or any delay in providing or failure to provide any Vehicle, or any interruption or loss of service or use of any Vehicle, or any loss of business or any damage whatsoever and however caused. In addition, none of Lessor, Servicer or any other agent of Lessor will have any liability to Lessee under this Agreement or under any order authorization form executed by Lessee if Lessor is unable to locate or purchase a Vehicle ordered by Lessee or for any delay in delivery of any Vehicle ordered by Lessee.
10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of, theft of, damage to or destruction of any Vehicle from any cause whatsoever ("Casualty Occurrence"). In the event of a Casualty Occurrence to a Vehicle, Lessee shall give Lessor prompt notice of the Casualty Occurrence and thereafter will place the applicable Vehicle in good repair, condition and working order; provided, however, that if the applicable Vehicle is determined by Lessor to be lost, stolen, destroyed or damaged beyond repair (a "Totaled Vehicle"), Lessee agrees to pay Lessor no later than the date thirty (30) days after the date of the Casualty Occurrence the amounts owed under Sections 3(b) and 3(c) with respect to such Totaled Vehicle.
Upon such payment, this Agreement will terminate with respect to such Totaled Vehicle.
11. INSURANCE:
(a) Lessee agrees to purchase and maintain in force during the Term, insurance policies in at least the amounts listed below covering each Vehicle, to be written by an insurance company or companies satisfactory to Lessor, insuring Lessee, Lessor and any other person or entity designated by Lessor against any damage, claim, suit, action or liability, and that Lessor will suffer immediate and irreparable harm if Lessee fails to comply with such obligations:
(i) Commercial Automobile Liability Insurance (including Uninsured/Underinsured Motorist Coverage and No-Fault Protection where required by law) for the limits listed below (Note - $2,000,000 Combined Single Limit Bodily Injury and Property Damage with No Deductible is required for each Vehicle capable of transporting more than 8 passengers):
State of Vehicle Registration Coverage
Connecticut, Massachusetts, Maine, New Hampshire, New $1,000,000 Combined Single Limit Bodily Injury and Property Jersey, New York, Pennsylvania, Rhode Island, and Vermont Damage - No Deductible Florida $500,000 Combined Single Limit Bodily Injury and Property Damage or $100,000 Bodily Injury Per Person, $300,000 Per Occurrence and $50,000 Property Damage (100/300/50) - No Deductible
All Other States $300,000 Combined Single Limit Bodily Injury and Property Damage or $100,000 Bodily Injury Per Person, $300,000 Per Occurrence and $50,000 Property Damage (100/300/50) - No Deductible
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(ii) Physical Damage Insurance (Collision & Comprehensive): Actual cash value of the applicable Vehicle. Maximum deductible of $500 per occurrence - Collision and $250 per occurrence - Comprehensive).
If the requirements of any governmental or regulatory agency exceed the minimums stated in this Agreement, Lessee must obtain and maintain the higher insurance requirements. Lessee agrees that each required policy of insurance will by appropriate endorsement or otherwise name Lessor and any other person or entity designated by Lessor as additional insureds and loss payees, as their respective interests may appear. Further, each such insurance policy must provide the following: (i) that the same may not be cancelled, changed or modified until after the insurer has given to Lessor, Servicer and any other person or entity designated by Lessor at least thirty (30) days prior written notice of such proposed cancellation, change or modification, (ii) that no act or default of Lessee or any other person or entity shall affect the right of Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns to recover under such policy or policies of insurance in the event of any loss of or damage to any Vehicle and (iii) that the coverage is "primary coverage" for the protection of Lessee, Lessor, Servicer, any other agent of Lessor and their respective successors and assigns notwithstanding any other coverage carried by Lessee, Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns protecting against similar risks.
Original certificates evidencing such coverage and naming Lessor, Servicer, any other agent of Lessor and any other person or entity designated by Lessor as additional insureds and loss payees shall be furnished to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by Lessor from time to time. In the event of default, Lessee hereby appoints Lessor, Servicer and any other agent of Lessor as Lessee's attorney-in-fact to receive payment of, to endorse all checks and other documents and to take any other actions necessary to pursue insurance claims and recover payments if Lessee fails to do so. Any expense of Lessor, Servicer or any other agent of Lessor in adjusting or collecting insurance shall be borne by Lessee.
Lessee, its drivers, servants and agents agree to cooperate fully with Lessor, Servicer, any other agent of Lessor and any insurance carriers in the investigation, defense and prosecution of all claims or suits arising from the use or operation of any Vehicle. If any claim is made or action commenced for death, personal injury or property damage resulting from the ownership, maintenance, use or operation of any Vehicle, Lessee will promptly notify Lessor of such action or claim and forward to Lessor a copy of every demand, notice, summons or other process received in connection with such claim or action. (b) Notwithstanding the provisions of Section 11(a) above: (i) if Section 4 of a Schedule includes a charge for physical damage waiver, Lessor agrees that (A) Lessee will not be required to obtain or maintain the minimum physical damage insurance (collision and comprehensive) required under Section 11(a) for the Vehicle(s) covered by such Schedule and (B) Lessor will assume the risk of physical damage (collision and comprehensive) to the Vehicle(s) covered by such Schedule; provided, however, that such physical damage waiver shall not apply to, and Lessee shall be and remain liable and responsible for, damage to a covered Vehicle caused by wear and tear or mechanical breakdown or failure, damage to or loss of any parts, accessories or components added to a covered Vehicle by Lessee without the prior written consent of Lessor and/or damage to or loss of any property and/or personal effects contained in a covered Vehicle. In the event of a Casualty Occurrence to a covered Vehicle, Lessor may, at its option, replace, rather than repair, the damaged Vehicle with an equivalent vehicle, which replacement vehicle will then constitute the "Vehicle" for purposes of this Agreement; and (ii) if Section 4 of a Schedule includes a charge for commercial automobile liability enrollment, Lessor agrees that it will, at its expense, obtain for and on behalf of Lessee, by adding Lessee as an additional insured under a commercial automobile liability insurance policy issued by an insurance company selected by Lessor, commercial automobile liability insurance satisfying the minimum commercial automobile liability insurance required under Section 11(a) for the Vehicle(s) covered by such Schedule. Lessor may at any time during the applicable Term terminate said obligation to provide physical damage waiver and/or commercial automobile liability enrollment and cancel such physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least ten (10) days prior written notice. Upon such cancellation, insurance in the minimum amounts as set forth in 11(a) shall be obtained and maintained by Lessee at Lessee's expense. An adjustment will be made in monthly rental charges payable by Lessee to reflect any such change and Lessee agrees to furnish Lessor with satisfactory proof of insurance coverage within ten (10) days after mailing of the notice. In addition, Lessor may change the rates charged by Lessor under this Section 11(b) for physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least thirty (30) days prior written notice.
12. INDEMNITY: Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and their respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns may incur by reason of Lessee's breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle. The provisions of this Section 12 shall survive any expiration or termination of this Agreement.
13. INSPECTION OF VEHICLES; ODOMETER DISCLOSURE; FINANCIAL STATEMENTS: Lessee agrees to accomplish, at its expense, all inspections of the Vehicles required by any governmental authority during the Term. Lessor, Servicer, any other agent of Lessor and any of their respective successors or assigns will have the right to inspect any Vehicle at any reasonable time(s) during the Term and for this purpose to enter into or upon any building or place where any Vehicle is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to provide such written and signed disclosure information on such forms and in such manner as directed by Lessor. Providing false information or failure to complete the odometer disclosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financial information regarding Lessee as Lessor may from time to time reasonably request.
14. DEFAULT; REMEDIES: The following shall constitute events of default ("Events of Default") by Lessee under this Agreement: (a) if Lessee fails to pay when due any rent or other amount due under this Agreement and any such failure shall remain unremedied for ten (10) days; (b) if Lessee fails to perform, keep or observe any term, provision or covenant contained in Section 11 of this Agreement; (c) if Lessee fails to perform, keep or observe any other term, provision or covenant contained in this Agreement and any such failure shall remain unremedied for thirty (30) days after written notice thereof is given by Lessor, Servicer or any other agent of Lessor to Lessee; (d) any seizure or confiscation of any Vehicle or any other act (other than a Casualty Occurrence) otherwise rendering any Vehicle unsuitable for use (as determined by Lessor); (e) if any present or future guaranty in favor of Lessor of all or any portion of the obligations of Lessee under this Agreement shall at any time for any reason cease to be in full force and effect or shall be declared to be null and void by a court of competent jurisdiction, or if the validity or enforceability of any such guaranty shall be contested or denied by any guarantor, or if any guarantor shall deny that it, he or she has any further liability or obligation under any such guaranty or if any guarantor shall fail to comply with or observe any of the terms, provisions or conditions contained in any such guaranty; (f) the occurrence of a material adverse change in the financial condition, a going concern audit comment of Lessee or any guarantor, or if Lessee admits that it cannot pay its debts as they become due, makes an assignment for the benefit of creditors, is the subject of a voluntary or involuntary petition for bankruptcy, is adjudged insolvent or bankrupt, or a receiver or trustee is appointed for any portion of Lessee's assets or property; or (g) if Lessee or any guarantor is in default under or fails to comply with any other present or future agreement with or in favor of Lessor, The Crawford Group, Inc. or any direct or indirect subsidiary of The Crawford Group, Inc.. For purposes of this Section 14, the term "guarantor" shall mean any present or future guarantor of all or any portion of the obligations of Lessee under this Agreement.
Upon the occurrence of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concurrently or separately (and without any election of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the Vehicles from Lessee, without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent of Lessor and any of Lessor's independent contractors shall have the right to enter upon any premises where the Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce performance by Lessee of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns by reason of Lessee's default including, to the extent permitted by applicable law, all costs and expenses, including court costs and reasonable attorneys' fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor or 4851-4809-7897.1
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any of their respective successors or assigns in attempting or effecting enforcement of Lessor's rights under this Agreement (whether or not litigation is commence,d) and/or in connection with bankruptcy or insolvency proceedings; (d) upon written notice to Lessee, Lessor may terminate Lessee's rights Oder this Agreement; (e) with respect to each Vehicle, Lessor may recover from Lessee all amounts owed by Lessee under Sections 3(b) and 3(c) of this Agreement (and, if Lessor does not recover possession of a Vehicle, (i) the estimated wholesale value of such Vehicle for purposes of Section 3(c) shall be deemed to be $0.00 and (ii) the calculations described in the first two sentences of Section 3(c) shall be made without giving effect to clause (ii) in each such sentence); and/or (0 Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Commercial Code, any other applicable law or in equity. Lessor has an absolute right to recoup any obligations Lessor would owe to Lessee under this Agreement against any obligations of Lessee to Lessor under this Agreement including, without limitation, under Sections 3, 5, 8, 10 and 12 of this Agreement. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination shall not affect Lessee's obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee's obligation to pay any indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative.
15. ASSIGNMENTS: Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all of its rights and obligations under this Agreement to any person or entity. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to Lessor under this Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights or obligations of Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee's rights and interest in and to the Vehicles are and will continue at all times to be subject and subordinate in all respects to any assignment, pledge or transfer now or hereafter executed by Lessor with or in favor of any such assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the Vehicles so long as no Event of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any assignee, pledgee or transferee in and to any amounts payable by the Lessee under any provisions of this Agreement shall be absolute and unconditional and shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason of any damage to or loss or destruction of any Vehicle or by reason of any defect in or failure of title of the Lessor or interruption from whatsoever cause in the use, operation or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its affiliates to the Lessee or to any other person or entity, or for any other reason.
Without the prior written consent of Lessor, Lessee may not assign, sublease, transfer or pledge this Agreement, any Vehicle, or any interest in this Agreement or in and to any Vehicle, or permit its rights under this Agreement or any Vehicle to be subject to any lien, charge or encumbrance. Lessee's interest in this Agreement is not assignable and cannot be assigned or transferred by operation of law. Lessee will not transfer or relinquish possession of any Vehicle (except for the sole purpose of repair or service of such Vehicle) without the prior written consent of Lessor.
16. MISCELLANEOUS: This Agreement contains the entire understanding of the parties. This Agreement may only be amended or modified by an instrument in writing executed by both parties. Lessor shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies under this Agreement and no waiver whatsoever shall be valid unless in writing and signed by Lessor and then only to the extent therein set forth. A waiver by Lessor of any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right or remedy, which Lessor would otherwise have on any future occasion. If any term or provision of this Agreement or any application of any such term or provision is invalid or unenforceable, the remainder of this Agreement and any other application of such term or provision will not be affected thereby. Giving of all notices under this Agreement will be sufficient if mailed by certified mail to a party at its address set forth below or at such other address as such party may provide in writing from time to time. Any such notice mailed to such address will be effective one (1) day after deposit in the United States mail, duly addressed, with certified mail, postage prepaid. Lessee will promptly notify Lessor of any change in Lessee's address. This Agreement may be executed in multiple counterparts (including facsimile and pdf counterparts), but the counterpart marked "ORIGINAL" by Lessor will be the original lease for purposes of applicable law. All of the representations, warranties, covenants, agreements and obligations of each Lessee under this Agreement (if more than one) are joint and several.
17. SUCCESSORS AND ASSIGNS; GOVERNING LAW: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of Missouri (determined without reference to conflict of law principles).
18. NON-PETITION: Each party hereto hereby covenants and agrees that, prior to the date which is one year and one day after payment in full of all indebtedness of Lessor, it shall not institute against, or join any other person in instituting against, Lessor any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United States. The provisions of this Section 18 shall survive termination of this Master Equity Lease Agreement. 4851-4809-7897.1
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Leslie E. Devaney, City Attorney
ATTEST:
Stephanie D. Smith, MMC, City Clerk
IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Master Equity Lease Agreement as of the day and year first above written.
DATED: Mai 7. 010 (1
APPROVED AS TO FORM:
LESSOR: Enterprise FM Trust
By: Enterprise Fleet Management, Inc. its attorney in fact Signatu
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LESSEE: CITY OF MURRIETA
Kim Summ ity Manager
DATED:
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nterprise
FLEET MANAGEMENT
AMENDMENT TO MASTER EQUITY LEASE AGREEMENT
THIS AMENDMENT ("Amendment") dated this 7 day of 14,y, 2019 is attached to, and made a part of, the MASTER EQUITY LEASE AGREEMENT entered into on the I day of May, 2019 ("Agreement") by and between Enterprise FM Trust, a Delaware statutory trust ("Lessor") and City of Murrieta ("Lessee"). This Amendment is made for good and valuable consideration, the receipt of which is hereby acknowledged by the parties.
Section 17 of the Master Equity Lease Agreement is amended to read as follows:
Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of California (determined without reference to conflict of law principles).
All references in the Agreement and in the various Schedules and addenda to the Agreement and any other references of similar import shall henceforth mean the Agreement as amended by this Amendment. Except to the extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations and warranties contained in the Agreement shall be and remain in full force and effect and the same are hereby ratified and confirmed.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Master Equity Lease Agreement as of the day and year first above written.
DATED: in.47 el
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LESSOR: Enterprise FM Trust
By: Enterprise Fleet Management, Inc., its attorney in fact 4851-4809-7897.1
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FLEET MANAGEMENT
(67 --)g-1- Phone Number
DATED:
LESSEE: CITY OF MURRIETA
im SurnIfflerSP,-City Manager
APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
ATTEST:
Stephahie D. Smith, MMC, City Clerk
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FLEET MANAGEMENT
MAINTENANCE MANAGEMENT AND FLEET RENTAL AGREEMENT
This Agreement is entered into as of the 7 day of M , by and between Enterprise Fleet Management, Inc., a Missouri corporation, doing business as "Enterprise Fleet Management" ( FM"), and City of Murrieta (the "Company").
WITNESSETH:
1. ENTERPRISE CARDS: Upon request from the Company, EFM will provide a driver information packet outlining its vehicle maintenance program (the "Program") and a card ("Card") for each Company vehicle included in the Company's request. All drivers of vehicles subject to this Agreement must be a representative of the Company, its subsidiaries or affiliates. All Cards issued by EFM upon request of the Company shall be subject to the terms of this Agreement and the responsibility of the Company. All Cards shall bear an expiration date.
Cards issued to the Company shall be used by the Company in accordance with this Agreement and limited solely to purchases of certain products and services for Company vehicles, which are included in the Program. The Program is subject to all other EFM instructions, rules and regulations which may be revised from time to time by EFM. Cards shall remain the property of EFM and returned to EFM upon expiration or cancellation.
2. VEHICLE REPAIRS AND SERVICE: EFM will provide purchase order control by phone or in writing authorizing charges for repairs and service over $75, or such other amount as may be established by EFM from time to time under the Program. All charges for repairs and services will be invoiced to EFM. Invoices will be reviewed by EFM for accuracy, proper application of potential manufacturer's warranties, application of potential discounts and unnecessary, unauthorized repairs.
Notwithstanding the above, in the event the repairs * and service are the result of damage from an accident or other non- maintenance related cause (including glass claims), these matters will be referred to the Company's Fleet Manager. If the Company prefers that EFM handle the damage repair, the Company agrees to assign the administration of the matter to EFM.
EFM will administer such claims in its discretion. The fees for this service will be up to $125.00 per claim and the Company agrees to reimburse for repairs as outlined in this agreement. If the Company desires the assistance of EFM in recovering damage amounts from at fault third parties, a Vehicle Risk Management Agreement must be on file for the Company.
3. BILLING AND PAYMENT: All audited invoices paid by EFM on behalf of the Company will be consolidated and submitted to the Company on a single monthly invoice for the entire Company fleet covered under this Agreement. The Company is liable for, and will pay EFM within ten (10) days after receipt of an invoice or statement for, all purchases invoiced to the Company by EFM, which were paid by EFM for or on behalf of the Company. EFM will be entitled to retain for its own account, and treat as being paid by EFM for purposes of this Agreement, any discounts it receives from a supplier with respect to such purchases which are based on the overall volume of business EFM provides to such supplier and not solely the Company's business. EFM will exercise due care to prevent additional charges from being incurred once the Company has notified EFM of its desire to cancel any outstanding Card under this Agreement. The Company will use its best efforts to obtain and return any such cancelled Card.
4. RENTAL VEHICLES: The Card will authorize the Company's representative to arrange for rental vehicles with a subsidiary of Enterprise Rent-A-Car Company for a maximum of two (2) days without prior authorization. Extensions beyond two (2) days must be granted by an EFM representative. The Company assumes all responsibility for all rental agreements arranged by EFM with a subsidiary of Enterprise Rent-A-Car Company through an EFM representative or through the use of the Card. All drivers must be at least 21 years of age, hold a valid driver's license, be an employee of the Company or authorized by the Company through established reservation procedures and meet other applicable requirements of the applicable subsidiary of Enterprise Rent- A-Car Company.
5. NO WARRANTY: EFM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
WITH RESPECT TO PRODUCTS, REPAIRS OR SERVICES PROVIDED FOR UNDER THIS AGREEMENT BY THIRD
PARTIES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO
MERCHANTABILITY, COMPLIANCE WITH SPECIFICATIONS, OPERATION, CONDITION, SUITABILITY, PERFORMANCE, QUALITY OR FITNESS FOR USE. Any defect in the performance of any product, repair or service will not relieve the Company from its obligations under this Agreement, including without limitation the payment to EFM of monthly invoices.
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6. CANCELLATION: Either party may cancel any Card under this Agreement or this Agreement in its entirety at any time by giving written notice to the other party. The cancellation of any Card or termination of this Agreement will not affect any rights or obligations under this Agreement, which shall have previously accrued or shall thereafter arise with respect to any occurrence prior to such cancellation or termination. A Card shall be immediately returned to EFM upon cancellation to: Enterprise Fleet Management, 600 Corporate Park Drive, St. Louis, MO 63105, Attention: Enterprise Card Department. Notice to EFM regarding the cancellation of any Card shall specify the Card number and identify the Company's representative. In the case of a terminated representative, such notice shall include a brief description of the efforts made to reclaim the Card.
7. NOTICES: All notices of cancellation or termination under this Agreement shall be mailed postage prepaid by registered or certified mail, or sent by express overnight delivery service, to the other party at its address set forth on the signature page of this Agreement or at such other address as such party may provide in writing from time to time. Any such notice sent by mail will be effective three (3) days after deposit in the United States mail, duly addressed, with registered or certified mail postage prepaid.
Any such notice sent by express overnight delivery service will be effective one (1) day after deposit with such delivery service, duly addressed, with delivery fees prepaid. The Company will promptly notify EFM of any change in the Company's address.
8. FEES: EFM will charge the Company for the service under this Agreement $6.00 per month per Card, plus a one time set-up fee of $0.00.
9. MISCELLANEOUS: This Agreement may be amended only by an agreement in writing signed by EFM and the Company. This Agreement is governed by the substantive laws of the State of Missouri (determined without reference to conflict of law principles).
166
By:
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IN WITNESS WHEREOF, EFM and the Company have executed this Maintenance Management and Fleet Rental Agreement as of the day and year first above written.
DATED:
EFM: Enterprise Fleet Management, Inc.
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DATED: Oi l 7, ow /1 COMPANY: CITY OF MURRIETA
Kim Su ers, City Manager
APPROVED AS TO FORM:
tir) Leslie E. Devaney, City Attorney
ATTEST:
Steph nie D. Smith, MMC, City Clerk
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enterprise
FLEET MANAGEMENT
AMENDMENT TO MAINTENANCE MANAGEMENT AND FLEET RENTAL AGREEMENT THIS AMENDMENT ("Amendment") dated this day of May, 2019 is attached to, and made a part of, the MAINTENANCE MANAGEMENT AND FLEET RENTAL AGREEMENT entered into on the day of May, 2019 ("Agreement") by and between Enterprise Fleet Management Inc., a Missouri corporation ("EFM") and City of Murrieta ("Company"). This Amendment is made for good and valuable consideration, the receipt of which is hereby acknowledged by the parties.
Section 9 of the Maintenance Management and Fleet Rental Agreement is amended to read as follows:
This Agreement may be amended only by an agreement in writing signed by EFM and the Company. This Agreement is governed by the substantive laws of the State of California (determined without reference to conflict of law principles).
All references in the Agreement and in the various Schedules and addenda to the Agreement and any other references of similar import shall henceforth mean the Agreement as amended by this Amendment. Except to the extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations and warranties contained in the Agreement shall be and remain in full force and effect and the same are hereby ratified and confirmed.
IN WITNESS WHEREOF, Company and EFM have executed this Amendment to Maintenance Management and Fleet Rental Agreement as of the day and year first above written.
ENTERPRISE FLEET MANAGEMENT, INC.
Signature
6.0/1 0 110 Itri . 9 -
Print or type NAME
Vic r-e s Print or type TITL
Phone Number
ENTERPRISE FLEET MANAGEMENT, INC.
e
Print oror type NAME
Print or type TITLE
DATED: Lao/ . - 1, 4Q i
4851-4809-7897.1 168
nterprise
FLEET MANAGEMENT
Phone Number
DATED: LESSEE: CITY OF MURRIETA
im Sun City Manager
APPROVED AS TO FORM:
i12 Leslie E. Devaney, City Attorney
ATTEST:
Stephanie D. Smith, MMC, City Clerk
4851-4809-7897.1 169
FLEET MANAGEMENT
MAINTENANCE AGREEMENT
This Maintenance Agreement (this "Agreement") is made and entered into this 7 day of M 2019, by Enterprise Fleet Management Inc., a Missouri corporation ("EFM"), and City of Murrieta ("Lessee").
WITNESSETH
1. LEASE. Reference is hereby made to that certain Master Equity Lease Agreement dated as of the this day of Al , 2019, by and between Enterprise FM Trust, a Delaware statutory trust, as lessor ("Lessor"), and Lessee, as lessee (as the same ay from time to time be amended, modified, extended, renewed, supplemented or restated, the "Lease"). All capitalized terms used and not otherwise defined in this Agreement shall have the respective meanings ascribed to them in the Lease.
2. COVERED VEHICLES. This Agreement shall only apply to those vehicles leased by Lessor to Lessee pursuant to the Lease to the extent Section 4 of the Schedule for such vehicle includes a charge for maintenance (the "Covered Vehicle(s)").
3. TERM AND TERMINATION. The term of this Agreement ("Term") for each Covered Vehicle shall begin on the Delivery Date of such Covered Vehicle and shall continue until the last day of the "Term" (as defined in the Lease) for such Covered Vehicle unless earlier terminated as set forth below. Each of EFM and Lessee shall each have the right to terminate this Agreement effective as of the last day of any calendar month with respect to any or all of the Covered Vehicles upon not less than sixty (60) days prior written notice to the other party. The termination of this Agreement with respect to any or all of the Covered Vehicles shall not affect any rights or obligations under this Agreement which shall have previously accrued or shall thereafter arise with respect to any occurrence prior to termination, and such rights and obligations shall continue to be governed by the terms of this Agreement.
4. VEHICLE REPAIRS AND SERVICE. EFM agrees that, during the Term for the applicable Covered Vehicle and subject to the terms and conditions of this Agreement, it will pay for, or reimburse Lessee for its payment of, all costs and expenses incurred in connection with the maintenance or repair of a Covered Vehicle. This Agreement does not cover, and Lessee will remain responsible for and pay for, (a) fuel, (b) oil and other fluids between changes, (c) tire repair and replacement, (d) washing, (e) repair of damage due to lack of maintenance by Lessee between scheduled services (including, without limitation, failure to maintain fluid levels), (f) maintenance or repair of any alterations to a Covered Vehicle or of any after-market components (this Agreement covers maintenance and repair only of the Covered Vehicles themselves and any factory-installed components and does not cover maintenance or repair of chassis alterations, add-on bodies (including, without limitation, step vans) or other equipment (including, without limitation, lift gates and PTO controls) which is installed or modified by a dealer, body shop, upfitter or anyone else other than the manufacturer of the Covered Vehicle, (g) any service and/or damage resulting from, related to or arising out of an accident, a collision, theft, fire, freezing, vandalism, riot, explosion, other Acts of God, an object striking the Covered Vehicle, improper use of the Covered Vehicle (including, without limitation, driving over curbs, overloading, racing or other competition) or Lessee's failure to maintain the Covered Vehicle as required by the Lease, (h) roadside assistance or towing for vehicle maintenance purposes, (i) mobile services, (j) the cost of loaner or rental vehicles or (k) if the Covered Vehicle is a truck, (i) manual transmission clutch adjustment or replacement, (ii) brake adjustment or replacement or (iii) front axle alignment. Whenever it is necessary to have a Covered Vehicle serviced, Lessee agrees to have the necessary work performed by an authorized dealer of such Covered Vehicle or by a service facility acceptable to EFM. In every case, if the cost of such service will exceed $50.00, Lessee must notify EFM and obtain EFM's authorization for such service and EFM's instructions as to where such service shall be made and the extent of service to be obtained. Lessee agrees to furnish an invoice for all service to a Covered Vehicle, accompanied by a copy of the shop or service order (odometer mileage must be shown on each shop or service order). EFM will not be obligated to pay for any unauthorized charges or those exceeding $50.00 for one service on any Covered Vehicle unless Lessee has complied with the above terms and conditions. EFM will not have any responsibility to pay for any services in excess of the services recommended by the manufacturer, unless otherwise agreed to by EFM. Notwithstanding any other provision of this Agreement to the contrary, (a) all service performed within one hundred twenty (120) days prior to the last day of the scheduled "Term" (as defined in the Lease) for the applicable Covered Vehicle must be authorized by and have the prior consent and approval of EFM and any service not so authorized will be the responsibility of and be paid for by Lessee and (b) EFM is not required to provide or pay for any service to any Covered Vehicle after 100,000 miles.
5. ENTERPRISE CARDS: EFM may, at its option, provide Lessee with an authorization card (the "EFM Card") for use in authorizing the payment of charges incurred in connection with the maintenance of the Covered Vehicles. Lessee agrees to be liable to EFM for, and upon receipt of a monthly or other statement from EFM, Lessee agrees to promptly pay to EFM, all charges made by or for the account of Lessee with the EFM Card (other than any charges which are the responsibility of EFM under the terms of this Agreement).
EFM reserves the right to change the terms and conditions for the use of the EFM Card at any time. The EFM Card remains the property of EFM and EFM may revoke Lessee's right to possess or use the EFM Card at any time. Upon the termination of this Agreement or upon the demand of EFM, Lessee must return the EFM Card to EFM. The EFM Card is non-transferable.
6. PAYMENT TERMS. The amount of the monthly maintenance fee will be listed on the applicable Schedule and will be due and payable in advance on the first day of each month. If the first day of the Term for a Covered Vehicle is other than the first day of a calendar month, Lessee will pay EFM, on the first day of the Term for such Covered Vehicle, a pro-rated maintenance fee for the number of days that the Delivery Date precedes the first monthly maintenance fee payment date. Any monthly maintenance fee or other amount owed by Lessee to EFM under this Agreement which is not paid within twenty (20) days after its due date will accrue 170
interest, payable upon demand of EFM, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate allowed by applicable law. The monthly maintenance fee set forth on each applicable Schedule allows the number of miles per month as set forth in such Schedule. Lessee agrees to pay EFM at the end of the applicable Term (whether by reason of termination of this Agreement or otherwise) an overmileage maintenance fee for any miles in excess of this average amount per month at the rate set forth in the applicable Schedule. EFM may, at its option, permit Lessor, as an agent for EFM, to bill and collect amounts due to EFM under this Agreement from Lessee on behalf of EFM.
7. NO WARRANTIES. Lessee acknowledges that EFM does not perform maintenance or repair services on the Covered Vehicles but rather EFM arranges for maintenance and/or repair services on the Covered Vehicles to be performed by third parties. EFM MAKES
NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS, REPAIRS
OR SERVICES PROVIDED FOR UNDER THIS AGREEMENT BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY
REPRESENTATION OR WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH SPECIFICATIONS, OPERATION, CONDITION, SUITABILITY, PERFORMANCE OR QUALITY. ANY DEFECT IN THE
PERFORMANCE OF ANY PRODUCT, REPAIR OR SERVICE WILL NOT RELIEVE LESSEE OF ITS OBLIGATIONS UNDER THIS
AGREEMENT, INCLUDING THE PAYMENT TO EFM OF THE MONTHLY MAINTENANCE FEES AND OTHER CHARGES DUE UNDER THIS AGREEMENT.
8. LESSOR NOT A PARTY. Lessor is not a party to, and shall have no rights, obligations or duties under or in respect of, this Agreement.
9. NOTICES. Any notice or other communication under this Agreement shall be in writing and delivered in person or sent by facsimile, recognized overnight courier or registered or certified mail, return receipt requested and postage prepaid, to the applicable party at its address or facsimile number set forth on the signature page of this Agreement, or at such other address or facsimile number as any party hereto may designate as its address or facsimile number for communications under this Agreement by notice so given. Such notices shall be deemed effective on the day on which delivered or sent if delivered in person or sent by facsimile, on the first (1st) business day after the day on which sent, if sent by recognized overnight courier or on the third (3rd) business day after the day on which mailed, if sent by registered or certified mail.
10. MISCELLANEOUS. This Agreement embodies the entire Agreement between the parties relating to the subject matter hereof. This Agreement may be amended only by an agreement in writing signed by EFM and Lessee. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, except that Lessee may not assign, transfer or delegate any of its rights or obligations under this Agreement without the prior written consent of EFM. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Missouri (without reference to conflict of law principles). 171
LESSEE: CITY OF MURRIETA DATED:
IN WITNESS WHEREOF, EFM and Lessee have executed this Maintenance Agreement as of the day and year first above written.
DATED:
EFM: Enterprise Fleet Management, Inc.
By:
Print or type NAME
ch-411--
Print or type TITLE
(31c7) Phone Number
By:
I Print or type NAME
Print or type TITLE
P one Number
'4111111,124411111/ Kim mmers, City Manager
APPROVED AS TO FORM:
VI Leslie E. Devaney, City Attorney
ATTEST:
ALI Stephanie D. Smith, MMC, City Clerk
172
FLEET MANAGEMENT
AMENDMENT TO MAINTENANCE AGREEMENT
THIS AMENDMENT (Amendment") dated this / day of May, 2019 is attached to, and made a part of, the MAINTENANCE AGREEMENT entered into on the day of May, 2019 ("Agreement") by and between Enterprise Fleet Management Inc., a Missouri corporation ("EFM") and City of Murrieta ("Lessee"). This Amendment is made for good and valuable consideration, the receipt of which is hereby acknowledged by the parties.
Section 10 of the Maintenance Agreement is amended to read as follows:
This Agreement embodies the entire Agreement between the parties relating to the subject matter hereof. This Agreement may be amended only by an agreement in writing signed by EFM and Lessee. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, except that Lessee may not assign, transfer or delegate any of its rights or obligations under this Agreement without the prior written consent of EFM. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California (without reference to conflict of law principles).
All references in the Agreement and in the various Schedules and addenda to the Agreement and any other references of similar import shall henceforth mean the Agreement as amended by this Amendment. Except to the extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations and warranties contained in the Agreement shall be and remain in full force and effect and the same are hereby ratified and confirmed.
IN WITNESS WHEREOF, EFM and Lessee have executed this Amendment to Maintenance Agreement as of the day and year first above written.
DATED: 1 4 ay 7, der q ENTERPRISE FLEET MANAGEMENT, INC.
Signature
Pri t or type NAME
7 LI r
Print or type TITLE
(
31 6zg— ;1*
hone Number
ENTERPRISE FLEET MANAGEMENT, INC.
Signat e
rv\,,k_c_ek
Print or type NAME
4851-4809-7897.1 173
nterprise
FLEET MANAGEMENT
Print or type TITLE
Phone Number
DATED: Al
LESSEE: CITY OF MURRIETA
Kim Sum Manager
APPROVED AS TO FORM:
el Leslie E. Devaney, City Attorney
ATTEST:
4t-teOlAtIAA-i- ) 0a AdfILLI
5tephariie D. Smith, MMC, City Clerk
4851- 4809- 7897.1 174
FLEET MANAGEMENT
SELF -INSURANCE ADDENDUM TO MASTER EQUITY LEASE AGREEMENT (Physical Damage Only)
This Addendum is made to the Master Equity Lease Agreement dated the / 14 €401 4 H 4.72019, as amended (the "Agreement"), by and between Enterprise FM Trust, a Delaware statutory trust (Lessor), and the lessee whose name is set forth orfithe signat re line below ("Lessee").
This Addendum is attached to and made a part of the Agreement (including each Schedule to the Agreement). All capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Agreement.
Notwithstanding the provisions of Section 11 of the Agreement, Lessee shall be permitted to assume and self-insure the risks covered by the Physical Damage insurance policy set forth in Section 11 of the Agreement and shall not be required to purchase or maintain any Physical Damage insurance policy of any kind with respect to any Vehicle; provided, however that if any Federal, state, local or other law, statute, rule, regulation or ordinance requires Lessee to maintain any amount of Physical Damage insurance with respect to any Vehicle, Lessee shall purchase and maintain such amount of Physical Damage insurance in the form of a Physical Damage insurance policy which complies in all respects, other than the amount of Physical Damage insurance required, with Section 11 of the Agreement.
Notwithstanding the foregoing, if (1) Lessor, at any time in its good faith judgment, is not satisfied with the condition, prospects or performances, financial or otherwise, of Lessee or (2) any default or event of default occurs under the Agreement, than Lessor may, at its option, revoke this Addendum and terminate Lessee's right to self-insure by providing Lessee with at least thirty (30) days prior written notice thereof. Upon the termination of Lessee's right to self- insure, Lessee shall comply in all respects with Section 11 of the Agreement. 175
7, 026 LESSEE: CITY OF MURRIETA DATED:
Kim SumrhersCit y Manager
nterprise
FLEET MANAGEMENT
Except as amended hereby, all the terms and provisions of the Agreement shall remain in full force and effect. In the event of any conflict between this Addendum and the Agreement or any of the Schedules, the terms and provisions of this Addendum will govem and control.
DATED: LESSOR: Enterprise FM Trust
By: Enterprise Fleet Management, Inc., its attorney in fact Ve/1/4 e OriS &L
S-e7
P ror- HI:1) 111[11
Presceic—A- Print or t ype TITLE
e7Z5c
Ph ne Number
By: Enterprise Fleet Management, Inc., its attorney in fact Signat re
vL?LLoct Ct •e'yt
Print or t ype NAME
Print or t ype TITLE
Phone Number
APPROVED AS TO FORM:
607 Leslie E. Devane y, City Attorne y
ATTEST:
Atie/AA
Steph nie O. Smith, MMC, Cit y Clerk
176
CONSIGNMENT AUCTION AGREEMENT
Enterprise Fleet Management ("Enterprise") and the party whose name appears on the signature page hereto ("CONSIGNOR") agree as follows:
1. Right to Sell: From time-to-time, CONSIGNOR will consign and deliver possession of vehicles to Enterprise for the sole purpose of selling the vehicle and paying to Enterprise or its designee from the proceeds of the sale of the vehicle, the amount agreed upon under the terms of this agreement.
Enterprise shall have the non-exclusive right to sell any vehicles consigned to Enterprise by CONSIGNOR.
2. Document: Upon payment of the monies due CONSIGNOR, CONSIGNOR agrees to furnish Enterprise those documents necessary to transfer the ownership of the vehicle to the purchaser.
3. Power of Attorney: CONSIGNOR appoints Enterprise as its true and lawful attorney-in- fact to sign vehicle titles on behalf of CONSIGNOR for transfer of same and hereby grant it power in any and all matters pertaining to the transfer of vehicle titles and any papers necessary thereto on behalf of CONSIGNOR. The rights, powers and authorities of said attorney-in-fact granted in this instrument shall commence and be in full force and effect on the date CONSIGNOR executes this agreement, and such rights, powers and authority shall remain in full force and effect thereafter until terminated as set forth herein.
4. Consignments: Vehicle consignments may be made to Enterprise by fax, or electronically by providing Enterprise the information required in Appendix A — Sales Authorization Supplement which will, from time to time, supplement this agreement. The consigned vehicles are delivered to Enterprise in trust for the exact terms set forth in this agreement. Enterprise agrees to receive any vehicles delivered to it pursuant to this agreement in trust and not to permit its use for any other purpose other than as contained in this agreement without the express written consent of CONSIGNOR.
5. Fee: For each vehicle sold, CONSIGNOR shall pay Enterprise the fee set forth in the Sales Supplement.
6. Sales Process: Enterprise shall use reasonable efforts to sell each vehicle.
CONSIGNOR may, at its discretion, place a Minimum Bid or Bid to be Approved (BTBA) on any vehicle providing prior written notification to Enterprise.
7. Time of Payment:
(a) If the vehicle is sold by Enterprise during the term of this agreement, the money due CONSIGNOR shall be disbursed within 20 days after the date of sale in accordance with the terms of the agreement. As used in this agreement, a "sale" occurs when Enterprise either: (A) receives the purchase price or its equivalent or executes a conditional sales contract for the vehicle, or (B) when the purchase takes delivery of the vehicle, whichever comes first.
(b) Enterprise's obligations pursuant to Section 7(a) shall not apply to vehicle sales involving mistakes or inadvertences in the sales process where Enterprise reasonably believes that fairness to the buyer or seller justifies the cancellation or reversal of the sale. If Enterprise has already remitted payment to CONSIGNOR pursuant to Section 7(a) prior to the sale being reversed or cancelled, CONSIGNOR agrees to reimburse Enterprise said payment in full. Enterprise will re-list the vehicle and pay CONSIGNOR in accordance with this Section 7. Examples of mistakes or inadvertences include, but are not limited, to vehicles sold using inaccurate or incomplete vehicle or title descriptions and bids entered erroneously.
8. Accounting: Within 20 days after sale, Enterprise shall make an accounting to CONSIGNOR of all of the following: date of sale, repairs authorized by CONSIGNOR (supported by work 4851-4809-7897.1 177
records), exact amount of any liens payable to lienholders, evidence of payment of any liens, and the total sales price.
9. Indemnification and Hold Harmless: Enterprise and CONSIGNOR agree to indemnify, defend and hold each other and its parent, employees and agents harmless to the extent any loss, damage, or liability arises from the negligence of willful misconduct of the other, its agents or employees, and for it breach of any term of this agreement. The parties' obligations under this section shall survive termination of this agreement.
10. Liens, Judgments, Titles and Defects: CONSIGNOR shall defend, indemnify and hold Enterprise, its parent, employees and agents harmless from and against any and all claims, expenses (including reasonable attorney's fees), suits and demands arising out of, based upon, or resulting from any judgments, liens or citations that were placed on the vehicle, defects in the vehicle's title, or mechanical or design defects in the vehicle.
11. Odometer: Enterprise assumes no responsibility for the correctness of the odometer reading on any vehicle and the CONSIGNOR shall defend, indemnify and hold Enterprise, its parent, employees and agents harmless from and against any and all claims, expenses (including reasonable attorney's fees), suits and demands arising out of, based upon or resulting from inaccuracy of the odometer reading on any vehicle or any odometer statement prepared in connection with the sale of any vehicle, unless such inaccuracy is caused by an employee, Enterprise, or officer of Enterprise.
12. Bankruptcy: Subject to applicable law, in the event of the filing by CONSIGNOR of a petition in bankruptcy or an involuntary assignment of its assets for the benefit of creditors, Enterprise may accumulate sales proceeds from the sale of all vehicles and deduct seller fees, auction fees, Service Fees, towing costs, title service fees, enhancement fees and any expenses incurred by Enterprise while selling vehicle from said funds. Enterprise will thereafter remit to CONSIGNOR the net proceeds of said accumulated sales proceeds, if any.
13. Compliance with Laws: Enterprise shall comply with all federal, state, and local laws, regulations, ordinances, and statutes, including those of any state motor vehicle departments, department of insurance, and the Federal Odometer Act.
14. Insurance: CONSIGNOR shall obtain and maintain in force at all times during the term of this agreement and keep in place until each vehicle is sold and title is transferred on each vehicle, automobile third-party liability of $1,000,000 per occurrence and physical damage coverage on all vehicles. This insurance shall be written as a primary policy and not contributing with any insurance coverage or self-insurance applicable to Enterprise.
15. Term: This agreement is effective on the Execution Date and shall terminate upon thirty (30) days' prior written notice by either party with or without cause.
16. Modification: No modification, amendment or waiver of this agreement or any of its provisions shall be binding unless in writing and duly signed by the parties hereto.
17. Liability Limit: In the event Enterprise is responsible for any damage to a vehicle, Enterprise's liability for damage to a vehicle in its possession shall be limited to the lesser of: (1) the actual cost to repair the damage to such vehicle suffered while in Enterprise's possession; or (2) the negative impact to the salvage value of such vehicle. Enterprise shall not be liable for any other damages to a vehicle of any kind, including but not limited to special, incidental, consequential or other damages.
18. Attorney's Fees: Each party shall bear its own attorney's fees and cost for legal services in any action or proceeding to enforce the provisions of this agreement
19. Authorization: Each party represents and warrants to the other party that the person signing this agreement on behalf of such party is duly authorized to bind such party. 4851-4809-7897.1 178
DATED: "ENTERPRI E"
Signatu
•
■te. 1440M'Sce7 Print or type NAME
DATED:
APPROVED AS TO FORM:
4851- 4809- 7897.1
U ((i- Tre Ci‘cle"A' Print or type TITLE
one Number
"ENTERPRISE"
Signatur
Print or type NAME
D j-Tr- P int or type TITLE
_(4.±±2-
"CONSIGNOR"
LESSEE: CITY OF MURRIETA
Kim SummerT7City Manager
P ne Number
179
eslie E. Devaney, City Attorney
ATTEST:
2/i24°4(AL44 teV• 161gAk-ki
Stephanie D. Smith, MMC, City Clerk
4851-4809-7897.1 180
CITY OF MURRIETA
City Council Meeting Agenda
Report
11/4/2025
Agenda Item No. 7.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Matt Henry, Chief of Police
PREPARED BY: Dawnn Jackson, Management Analyst - Administration SUBJECT:
Acceptance of a Selective Traffic Enforcement Program Grant from the State of California Office of Traffic Safety
RECOMMENDATION
Accept a Selective Traffic Enforcement Program Grant Award of $160,000, from the State of California Office of Traffic Safety;
Amend the Fiscal Year 2025/26 Operating Budget to allocate and appropriate the grant funding; and Authorize the City Manager, and/or their designee, to execute all necessary documents and take actions required to accept, implement, and administer the grant, including ratification of the designees’execution of the grant agreement.
PRIOR ACTION/VOTE
On June 3, 2025, City Council adopted the Fiscal Year 2025/26 and 2026/27 Operating Budget. (Vote: 5-0)
CITY COUNCIL GOAL
Provide a high level of innovative public safety.
DISCUSSION
The Murrieta Police Department was awarded a traffic safety grant from the California Office of Traffic Safety (OTS), funded by the U.S. Department of Transportation. The grant began on October 1, 2025, and ends on September 30, 2026, and supports a comprehensive program to reduce traffic collisions through education, enforcement, and outreach.
In 2024, the City of Murrieta (City) recorded 686 traffic crashes. Of these, seven (7) were fatal-linked to unsafe speed, driving under the influence of alcohol or drugs (DUI), pedestrian violations, and wrong-way driving.
Twelve of these crashes resulted in serious injuries from causes such as improper turning, failure to obey traffic signals/signs, DUI, unsafe lane changes, and pedestrian violations. Crashes involving “other visible injury”(100 total) and pain complaints (182 total) were largely caused by unsafe speed, signal/sign violations, CITY OF MURRIETA Printed on 10/30/2025Page 1 of 2
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Agenda Item No. 7.
injury”(100 total) and pain complaints (182 total) were largely caused by unsafe speed, signal/sign violations, improper turning, and right-of-way violations.
A growing concern involves juveniles operating electric bicycles unsafely, resulting in collisions and public complaints. Despite education and enforcement efforts, many juveniles fail to yield during stops, and officers are often unable to pursue them due to safety concerns. The Murrieta Police Department continues to address the issue through community outreach and education.
Grant funds will support these efforts by funding DUI impairment goggles for use in officer training, the Citizens Academy, SFST training, and community events. This grant will fund the purchase of three additional mobile printers, enhancing existing resources. These printers will further streamline the citation process, improve the collection of stop data to support equitable policing, and increase officer availability for proactive enforcement efforts
These strategies aim to enhance traffic safety, reduce collision risks, and improve overall community awareness and compliance.
FISCAL IMPACT
There is no local fund match or cost-share requirement for the OTS Selective Traffic Enforcement Program Grant. This is a reimbursable grant, meaning the City must incur the expenditures prior to requesting reimbursement. Staff recommends establishing a revenue and expenditure budget of $160,000, in the OTS Grant Fund (355), with the following details:
· Revenue: GL/JL 3550030-42222
· Expenditure: GL/JL 3550030 (various accounts)
ATTACHMENTS
1. Office of Traffic Safety Grant Agreement - PT26053
CITY OF MURRIETA Printed on 10/30/2025Page 2 of 2
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State of California Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT26053
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Murrieta From:
To:
10/01/2025
09/30/2026 4. AGENCY UNIT TO ADMINISTER GRANT
Murrieta Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed:
Allocation is contingent upon availability of federal funds. $160,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A Problem Statement, Goals and Objectives and Method of Procedure Schedule B Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A Certifications and Assurances
Exhibit B* OTS Grant Program Manual
Exhibit C Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Zach Bradley
Sergeant
(951) 212-0978
2 Town Square
Murrieta, CA 92562
ADDRESS: Matthew Henry
Chief of Police
(951) 461-6313
2 Town Square
Murrieta, CA 92562
{{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}} (Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
ADDRESS: Dawnn Jackson
Management Analyst
(951) 461-6321
2 Town Square
Murrieta, CA 92562
ADDRESS: Stephanie Dougherty
Director
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
{{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}} (Signature) (Date) (Signature) (Date)
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E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
CP6AE8VFMVR6
1 Town Square
Murrieta
92562-7922
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
10.PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
405e DDL-26 20.616 0521-0890-101 2025 04/25 BA/25 $10,500.00 405c TR-26 20.616 0521-0890-101 2025 04/25 BA/25 $4,500.00 164AL-26 20.608 0521-0890-101 2025 04/25 BA/25 $100,000.00 402PT-26 20.600 0521-0890-101 2025 04/25 BA/25 $45,000.00
AGREEMENT
TOTAL $160,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$160,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE
{{_es_signer5_signature}} {{_es_signer5_date}} $160,000.00
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State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT26053
1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.
The City of Murrieta, as of 2025 has a population of approximately 118,000 residents, with an average growth rate of 1.47 percent each year. This increase in population should expand due to new housing infrastructure that will greatly impact our overall population and the safety of the roads. The City of Murrieta is about 33 square miles. There are 21 schools that serve about 22,000 students. Murrieta also has three hospitals, each with an emergency room.
Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).
Regarding the problem/concerns for traffic safety, the city of Murrieta has issues with speeding, traffic sign violations, right-of-way violations, driving while impaired (DUI), and other improper driving. In 2024, there were 686 traffic crashes. Of those 686 traffic crashes, seven of them were fatal crashes. The fatalities were related to unsafe speed, driving under the influence, pedestrian violations and wrong side of the road violations. Of the 686 crashes, 12 of them were deemed to be serious injuries. The violations listed in the causes of the 12 serious injuries included improper turning, traffic signals and signs, other improper driving, driving under the influence, unsafe lane change and pedestrian violations. Of the 686 traffic crashes, 100 of bones. The main factors in those injuries were 20 related to traffic signals and signs, 15 right-of-way violations, 14 improper turning, 13 unsafe speed and 7 driving under the influence. Of the 686 traffic crashes, 182 resulted in complaints of pain. The main factors in those crashes were 59 for unsafe speed, 31 for traffic signals and signs, 21 for improper turning, 18 for right-of-way violations and 4 driving under the influence violations.
Our current issue that we have been attempting to address the last year has been minors/juveniles operating electric bicycles and getting into crashes. The Murrieta Police Department has been responding to crashes involving the electronic bicycles as well as complaints across the city for unsafe use of the vehicles. We have attempted to curb the problem through enforcement and education and one of the ongoing issues is during enforcement stops, the juveniles do not yield to the officers and for public safety reasons we do not chase them. We continue to address the problem through education and social media to ensure the public is aware of the rules and the hazards associated with electric bicycles.
As part of our community outreach, we are looking to increase our levels of presentations and education. As part of this grant we will be requesting funding for DUI goggles which we intend to use in training and presentations. We believe it will assist our department with briefing training, citizen's academy outreach program, SFST Training that our department hosts and the community outreach programs we intend to install as a part of our efforts to increase public awareness about the dangers of driving under the influence. As for addressing our enforcement actions, it has been proven to streamline the process in utilizing the printers for citations allowing us to complete the requisite stop data to ensure we are capturing information related to equitable policing efforts. Additionally in freeing up the out of service time our officers, motors and traffic enforcement efforts can be streamlined so we can increase our visibility by being more proactive in the enforcement prong of changing behaviors of drivers in our community and reducing risk to the other drivers on the streets of California.
Define the target population the grant intends to serve and how they are affected by the problem(s).
The target population for the grant is all drivers, passengers, bicyclists, electric bicyclists, and pedestrians visiting or traveling in the City of Murrieta. Safe driving effects every user of the roadways whether pedestrians, bicycles, motorcycles, vehicles or commercial vehicles. We will target all of the users to increase safety across the board and do our part to increase the safety of California roadways through high visibility policing, education and enforcement ensuring it is a multi-pronged approach that is equitable throughout the community.
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2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3.
and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 4 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 4 6. Send law enforcement personnel to SFST Instructor training. 2
7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
3 8. Conduct DUI Saturation Patrol operation(s). 20
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9. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court.
2 10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
16 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
7 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 4 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 4 14. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 15. Conduct Know Your Limit campaigns with an effort to reach members of the community.
4 16. Participate in highly visible collaborative DUI Enforcement operations. 1
17. Participate in highly visible collaborative Traffic Enforcement operations. 1
3. METHOD OF PROCEDURE
A. Phase 1 Program Preparation (1st Quarter of Grant Year)
outlined in the objectives section.
Conduct all training needed to implement the program, in the first quarter.
Purchase all grant related supplies and materials to implement the program, in the first quarter.
Items with a unit cost of $5,000 more (including tax and shipping) must comply with Buy America.
t DUI offenders with a suspended or revoked license as a result of DUI description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.
Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.
B. Phase 2 Program Operations (Throughout Grant Year)
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. 187
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Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.
The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time
Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.
Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.
Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.
Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives. 188
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Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT26053
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
405c TR-26 20.616 State Traffic Safety Information
System Improvements
$4,500.00
405e DDL-26 20.616 Distracted Driving Laws $10,500.00
402PT-26 20.600 State and Community Highway
Safety
$45,000.00
164AL-26 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$100,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-26 $11,200.00 3 $33,600.00
DUI Saturation Patrols 164AL-26 $2,080.00 20 $41,600.00 Warrant Service Operations 164AL-26 $1,250.00 2 $2,500.00 Know Your Limit 164AL-26 $1,250.00 4 $5,000.00
Collaborative DUI Enforcement 164AL-26 $2,000.00 1 $2,000.00 Benefits- 164OT @ 12.56% 164AL-26 $84,700.00 1 $10,638.00 Traffic Enforcement 402PT-26 $1,250.00 16 $20,000.00
Motorcycle Safety Enforcement 402PT-26 $1,250.00 4 $5,000.00 Pedestrian and Bicycle Enforcement 402PT-26 $1,250.00 4 $5,000.00 Collaborative Traffic Enforcement 402PT-26 $2,000.00 1 $2,000.00 Traffic Safety Educational Presentations 402PT-26 $1,000.00 2 $2,000.00 Benefits- 402OT @ 12.56% 402PT-26 $34,000.00 1 $4,270.00 Distracted Driving Enforcement 405e DDL-
26 $1,331.00 7 $9,317.00
Benefits- 405eOT @ 12.56% 405e DDL-
26 $9,421.00 1 $1,183.00
Category Sub-Total $144,108.00
B. TRAVEL EXPENSES
In State Travel 402PT-26 $4,730.00 1 $4,730.00
$0.00
Category Sub-Total $4,730.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-26 $3,912.00 1 $3,912.00 Simulation Goggles 164AL-26 $750.00 1 $750.00
Collaborative Meetings 402PT-26 $500.00 4 $2,000.00
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Mobile Printer 405c TR-
26 $1,500.00 3 $4,500.00
Category Sub-Total $11,162.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $160,000.00
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State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT26053
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Warrant Service Operations - Overtime for grant funded Warrant Service Operations conducted by appropriate department personnel.
Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits- 164OT @ 12.56% - Benefit breakdown:
Medicare 1.45%
Workers Comp 11.11%
Total benefits 12.56%
Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Motorcycle Safety Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.
Benefits- 402OT @ 12.56% - Benefit breakdown:
Medicare 1.45%
Workers Comp 11.11%
Total benefits 12.56%
Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.
Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Benefits- 405eOT @ 12.56% - Benefit breakdown:
Medicare 1.45%
Workers Comp 11.11%
Total benefits 12.56%
Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
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EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.
Simulation Goggles - Vision impaired simulation goggles to be used for educational presentations and/or law enforcement Standardized Field Sobriety Test training and refresher training to simulate the effects of impairment.
Collaborative Meetings - Costs for law enforcement agencies to discuss traffic safety trends and plan collaborative operations. Costs may include food and beverages for attendees, additional costs may be included if approved by OTS. Adequate records including an agenda must be maintained.
Mobile Printer - Mobile printers to be used with electronic citation devices for traffic officers to print the citation in the field. Costs include the purchase of the printer, accessories, and associated shipping and taxes.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant. enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
The OTS grant funded activities must be separate from the CHP Cannabis Tax Fund Grant Program activities and maintained under separate accounting/tracking/other codes (example: the same DUI checkpoint may not be funded by both the CHP and the OTS).
Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.
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State of California Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT26053
Appendix A to Part 1300Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
2 CFR part 1201Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of TransportationEffectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
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The preceding statutory and regulatory cites hereinafter are referred to as the respectively.
GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. 49 CFR part 21 will be (with regard to an facilitated, in compliance with all requirements
imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
Act of
1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1] in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the 195
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form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub- recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or 196
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rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 197
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1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include Regarding Debarment, Suspension, Ineligibility and Voluntary ExclusionLower Tier Covered provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERSPRIMARY TIER
COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and 198
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its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include Regarding Debarment, Suspension, Ineligibility and Voluntary ExclusionLower Tier Covered tier covered transactions and in all solicitations for
lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of 199
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records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSIONLOWER TIER
COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
DISCLOSURE REQUIREMENTS
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No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient.
If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
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INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS
1.Each agency is allowed a total of FIVE (5) GEMS Users.
2.GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.
3.Complete the form if adding, removing or editing a GEMS user(s).
4.The Grant Director must sign this form and return it with the Grant Agreement.
CURRENT GEMS USER(S)
1. Zach Bradley
Title: Sergeant Media Contact: No
Phone: (951) 212-0978
Email: [email protected]
2. Dawnn Jackson
Title: Management Analyst Media Contact: No
Phone: (951) 461-6321
Email: [email protected]
3. Steve Whiddon
Title: Traffic Division Sergeant Media Contact: No
Phone: (951) 453-2343
Email: [email protected]
State of California Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C
GRANT NUMBER
PT26053
GRANT DETAILS
Grant Number: PT26053
Agency Name: Murrieta Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $160,000.00
Authorizing Official: Matthew Henry
Fiscal Official: Dawnn Jackson
Grant Director: Zach Bradley
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Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}}
Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}} {{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }} Name Job Title
{{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}}
Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}} {{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }} Name Job Title
{{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}}
Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}} {{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }} Name Job Title
{{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}}
Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}} {{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }}
Name
Job Title
{{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}}
Add as a media contact? Yes {{[]c9_es_:signer1}}No {{[]c10_es_:signer1}} {{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }} Name Job Title
{{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }}
Email address
Phone number
Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}}
As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} Signature Name
{{Dte2_es_:signer2:date}} Grant Director
Date Title
203
CITY OF MURRIETA
City Council Meeting Agenda
Report
11/4/2025
Agenda Item No. 8.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: Garrett Strang, Civil Engineering Assistant SUBJECT:
Award Construction Contract for the Fire Station 1 Site Improvements Project, CIP No. 21019, City Project No. 22-452
RECOMMENDATION
Amend the Capital Improvement Plan Budget for Fiscal Year 2025/26 and appropriate $1,849,060.30 from the Measure T Fund Unassigned Fund Balance into CIP No. 21019; Amend the Capital Improvement Plan Budget for FY2025/26 and appropriate $35,000 from the Measure T Fire Fund Facility Reserve into CIP No. 21019;
Award the construction contract for the Fire Station 1 Site Improvements Project, CIP No. 21019, City Project No. 22-452, to DEARK E&C, INC in the amount of $2,777,760; Authorize a fifteen percent construction contingency of $416,664; Authorize the City Engineer to approve contract change orders not to exceed fifteen percent of the contract amount; and
Authorize the Mayor to execute the construction contract.
PRIOR ACTION/VOTE
On September 6, 2022, City Council approved a purchase order with Rick Engineering Company in the amount of $104,722 for Engineering Design Services for the Fire Station 1 Site Improvements Project, CIP No. 21019 (Vote 5-0).
On June 3, 2025, City Council approved Resolution No. 25-4836, approving the Capital Improvement Plan Budget for Fiscal Year 2025/26, and the Fiscal Years 2025/26 to 2029/30 Capital Improvement Plan which included the Fire Station 1 Site Improvements Project, CIP No. 21019 (Vote 5-0).
CITY COUNCIL GOAL
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Agenda Item No. 8.
Plan, program and create infrastructure development.
DISCUSSION
The Fire Station 1 Site Improvements Project, CIP No. 21019, located at 41825 Juniper Street, will modernize, reconstruct, and upgrade the existing exterior site conditions, which have deteriorated after many years of use.
General items of work consist of site and driveway concrete pavement removal and replacement, asphalt concrete paving, site demolition, survey, onsite sewer improvements and sewer lateral connection (abandonment of septic), ADA modifications, new gates and fencing, landscaping improvements, miscellaneous electrical modifications, signing and striping, gas line installation, existing natural gas generator relocation, mechanical sump pumps and wet wells, storm drain improvements, water quality improvements, underground storm chamber detention basins, modular wetland systems, and other ancillary work.
The scope of work has expanded since the initial project concept, based on the current needs of the Fire Department, as well as water quality requirements necessary when remodeling project sites. This expanded scope, along with general inflation, has increased the overall project construction cost considerably. Notably, the new concrete pavement to be constructed must have the structural capacity to withstand an 80,000-pound fire truck, which requires an engineered and reinforced structural section. Additionally, the project Water Quality Management Plan requires all on-site stormwater be captured, treated, and released systematically.
This requirement is satisfied utilizing on-site water quality devices known as modular wetland systems to capture and treat the on-site stormwater which is then stored using underground storm chamber detention basins and finally released systematically into the street using two automatic, mechanical sump pumps. Other additional items of work that have increased the overall project cost consist of relocating the existing onsite natural gas generator; installation of a new gas line to connect to the relocated generator; installation of a new automatic gate and fence along B Street, including a new integrated gate control system; associated electrical modifications; landscape improvements; and other ancillary work.
Project Bidding and Determination
The City advertised the project on August 18, 2025, and received a total of 15 construction bids on September 23, 2025. The basis of the bid for determining the low bidder was defined in the specifications as the sum of the total Base Bid Items and the Additive Bid Items. The bid results are as follows:
Bidder Base Bid + Additive Bid Items
1. DEARK E&C, INC $2,777,760.00
2. Riverside Construction Company, Inc. $2,875,927.27
3. Van Engineering Inc. $2,903,927.25
4. Spec Construction Co. Inc. $3,061,715.00
5. Act 1 Construction $3,158,283.00
6. R2BUILD $3,266,825.50
7. Aster Construction Services $3,442,855.00
8. CT&T Concrete Paving Inc. $3,661,817.00
9. Los Angeles Engineering, Inc. $3,703,420.00
10. Elegant Construction Inc $3,746,651.00
11. Loghmani & Associates, Inc. $3,765,255.00
12. Kunzik and Sara Construction, Inc $3,839,546.12
13. Newman Midland Corp. $3,933,793.63
14. Hillcrest Contracting, Inc. $5,226,167.10
15. CJ Concrete Construction, Inc. $5,761,210.00
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Agenda Item No. 8.
Bidder Base Bid + Additive Bid Items
1. DEARK E&C, INC $2,777,760.00
2. Riverside Construction Company, Inc. $2,875,927.27
3. Van Engineering Inc. $2,903,927.25
4. Spec Construction Co. Inc. $3,061,715.00
5. Act 1 Construction $3,158,283.00
6. R2BUILD $3,266,825.50
7. Aster Construction Services $3,442,855.00
8. CT&T Concrete Paving Inc. $3,661,817.00
9. Los Angeles Engineering, Inc. $3,703,420.00
10. Elegant Construction Inc $3,746,651.00
11. Loghmani & Associates, Inc. $3,765,255.00
12. Kunzik and Sara Construction, Inc $3,839,546.12
13. Newman Midland Corp. $3,933,793.63
14. Hillcrest Contracting, Inc. $5,226,167.10
15. CJ Concrete Construction, Inc. $5,761,210.00
Staff has elected to utilize Additive Bid Items 56 through 61. Bid items 56 through 61 were advertised on the bid sheet as Additive Bid Items in order to allow the City the option to analyze the bid items’cost and either accept or reject any or all of the additive bid items based on the final cost of the overall project and availability of funding.
The City received a formal bid protest from the number two (2) bidder, Riverside Construction Company, Inc. protesting the bid submitted by the apparent low bidder, DEARK E&C, INC. Staff, including the City Attorney’s Office, reviewed the bid protest and determined that the noted deficiencies in DEARK E&C, INC’sbid proposal were informalities that were immediately corrected and did not provide DEARK E&C, INC. with a competitive advantage in the bid. Therefore, DEARK E&C, INC. is not subject to disqualification from being awarded the construction contract. A formal response has since been provided to Riverside Construction Company, Inc., outlining the City’s position on the bid protest.
Staff has reviewed the bids and determined that the item prices are consistent with today’s construction market. Staff recommends that the contract be awarded to the lowest, responsible bidder, DEARK E&C, INC, for $2,777,760, for the Total Base Bid and Additive Bid Items 56 through 61, plus a fifteen percent (15%) contingency of $416,664, for a total of $3,194,424.
FISCAL IMPACT
The construction contract amount to be awarded is $2,777,760, plus an additional fifteen percent (15%) contingency amount of $416,664, for a total not to exceed $3,194,424. The total estimated project costs, including associated soft costs such as design, inspection, permits, and related fees for Fire Station 1 Site Improvements Project is $3,529,191.30. Funding will be available in CIP No. 21019 upon approval of the requested amendments to the Operating Budget and Capital Improvement Plan Budget for Fiscal Year 2025/26.
As part of the prior-year Capital Improvement Plan budget development, City Council approved $1,645,131, in funding for this project (CIP No. 21019). Based on total project cost estimates, staff recommends an additional appropriation of $1,884,060.30, bringing the total project budget to $3,529,191.30, to fully fund the Fire Station 1 Site Improvements Project including a contingency. CIP No. 21019 is funded by General Fund (Fund 110) and Measure T (Fund 111).
ATTACHMENTS
1. Contract between the City of Murrieta and DEARK E&C, INC
2. Proposal from DEARK E&C, INC
3. Bid Results Summary
4. Vicinity Map
CITY OF MURRIETA Printed on 10/30/2025Page 3 of 3
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1 Town Square, Murrieta, CA 92562 ● P a g e | 2 ● www.MurrietaCA.gov
Revision No. 1: Sheet C-4
Updated plans to show an existing sewer line coming off of the existing Maintenance Building called out to be protected in place.
Revision No. 2: Sheet C-4
Changed construction note from “O” to “A” for an existing onsite sewer line.
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1 Town Square, Murrieta, CA 92562 ● P a g e | 3 ● www.MurrietaCA.gov Revision No. 3: Sheet C-9
Updated plans to show the existing sewer line comin g from the maintenance building, added sewer cleanout, and added connection to new sewer line.
Revision No. 4: Sheet C-10
Incorporated the previously shown redlines on sheet C-10 of the original advertised bid set of plans into the revised bid set issued via this addendum.
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Item No. 2: Pre-Bid Job Walk – Agenda and Sign-In Sheet
The City hosted the mandatory Pre-Bid Meeting at Fi re Station 1 located at 41825 Juniper St.
Murrieta, CA. 92562 on September 10 th , 2025 @9:00 am. Per the project specifications, an y contractor bidding on this project as the Prime/Gen eral Contractor was required to be in attendance at this pre-bid meeting. The pre-bid mee ting agenda and sign-in sheet are included in Addendum No. 1 as Attachment No. 1 .
Additionally, there was a question at the pre-bid m eeting regarding the anticipated Notice to Proceed date and start of construction. Please refe rence Instructions to Bidders page 8 (IB-8) section 18 and Special Provisions page 9 (SP-9) sec tion 6-7.1 which states that the Notice to Proceed date is anticipated to be issued on November 17 th , 2025.
The Bid Date and Time remains unchanged on:
TUESDAY, SEPTEMBER 23, 2025 at 2:00:00 P.M.
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Item No. 4: EXHIBIT A LANDSCAPING AND IRRIGATION
IMPROVEMENTS UPDATE AND CLARIFICATIONS
Changes have been made to Exhibit A “New Landscaping and Irrigation Improvements” of the project Specifications and the updated Exhibit A is included in Addendum No. 2 as Attachment No. 3. The updated Exhibit A “New Landscaping and Irrigation Improvements” issued via Addendum No. 2 as Attachment No. 3 shall hereby be included in the contract documents and supersede the previously provided Exhibit A included in the advertised bid specifications.
Additionally, the following question were asked regarding the landscape and irrigation scope of work pertaining to Bid Item 26 for “New Landscape Improvements”:
Question 1 : There are three existing valves on the northeast side of the building in the planter that are filled with dirt, and one valve box is broken. It is assumed per plan that we are to use these existing valves, please confirm. In addition, are we replacing any of the valve boxes? Response 1: Yes, the Contractor shall remove, replace, and reconnect the three (3) existing irrigation valves and their associated irrigation boxes to match existing. Please reference the updated Exhibit A for “New Landscaping and Irrigation Improvements” included in Addendum No. 2 as Attachment No. 3.
Question 2: There is an existing mow curb and existing plant material on the northeast side of the building, would part of our scope of work be to remove existing plant material and mow curb in this planter?
Response 2: Yes, the existing mow curb indicated on the updated Exhibit A shall be removed.
Additionally, the existing shrubs and grass in the “New Planter Area” indicated on Exhibit A shall also be removed.
Question 3: There is a quick coupler valve exposed next to existing valves, do we need to install a valve box? If so, would this be added to scope of work and would a 10-inch round valve box suffice? Response 3: Yes, the Contractor shall install a new 10” round valve box around the existing exposed quick coupler valve. See updated Exhibit A for reference.
Question 4: Where is the irrigation controller located? Response 4: The irrigation controller is located in the electrical room containing Panel “F” (reference sheet E-3 of the electrical plans for the location of Panel “F”).
Question 5: Is there a specific grass (sod) type to be used to restore front lawn? Response 5: Any disturbed grass (sod)/landscaping in the front lawn shall be restored in kind. The existing grass is fescue.
*All cost associated with the new irrigation valves, valve boxes, and associated connections/hookups shall be included in the lump sum cost paid for Bid Item 26 “New Landscape Improvements” and no additional cost will be allowed therefor.
*All cost associated with removal and disposal of the existing mow curb shall be included in the lump sum cost paid for Bid Item 7 “Demolition” and no additional cost will be allowed therefor.
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1 Town Square, Murrieta, CA 92562 ● P a g e | 3 ● www.MurrietaCA.gov *All cost associated with restoration in kind of disturbed existing landscaping shall be included in the cost of various bid items and no additional cost will be allowed therefor.
Please reference Attachment No. 3 for the updated Exhibit A “New Landscaping and Irrigation Improvements”
The Bid Date and Time remains unchanged on:
TUESDAY, SEPTEMBER 23, 2025 at 2:00:00 P.M.
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Bid Item Description Units
Estimated
Quantity Unit Price Total Price
% of Total
Bid Price Unit Price Total Price
% of Total
Bid Price Unit Price Total Price
% of Total
Bid Price Unit Price Total Price
% of Total
Bid Price Unit Price Total Price
% of Total
Bid Price Unit Price Total Price
Base Bid - General
1 Mobilization LS 1 $120,000.00 $120,000.00 4.32% $96,129.00 $96,129.00 3.34% 200,000.00 $ 200,000.00 $ 6.89% 85,000.00 $ 85,000.00 $ 2.78% 432,204.00 $ 432,204.00 $ 13.68% 152,100.00 $ 152,100.00 $ 2 Utility Coordination LS 1 $10,000.00 $10,000.00 0.36% $3,000.00 $3,000.00 0.10% 3,000.00 $ 3,000.00 $ 0.10% 15,000.00 $ 15,000.00 $ 0.49% 2,800.00 $ 2,800.00 $ 0.09% 23,400.00 $ 23,400.00 $ 3 Project Information Sign EA 1 $1,500.00 $1,500.00 0.05% $2,400.00 $2,400.00 0.08% 2,000.00 $ 2,000.00 $ 0.07% 5,500.00 $ 5,500.00 $ 0.18% 2,000.00 $ 2,000.00 $ 0.06% 11,700.00 $ 11,700.00 $ 4 Construction Survey and Staking LS 1 $20,000.00 $20,000.00 0.72% $60,000.00 $60,000.00 2.09% 23,500.00 $ 23,500.00 $ 0.81% 35,000.00 $ 35,000.00 $ 1.14% 20,000.00 $ 20,000.00 $ 0.63% 29,200.00 $ 29,200.00 $ 5 Erosion Control and SWPPP LS 1 $15,000.00 $15,000.00 0.54% $41,000.00 $41,000.00 1.43% 8,500.00 $ 8,500.00 $ 0.29% 35,000.00 $ 35,000.00 $ 1.14% 23,000.00 $ 23,000.00 $ 0.73% 40,950.00 $ 40,950.00 $ 6 Permits LS 1 $5,000.00 $5,000.00 0.18% $5,000.00 $5,000.00 0.17% 15,000.00 $ 15,000.00 $ 0.52% 7,500.00 $ 7,500.00 $ 0.24% 45,000.00 $ 45,000.00 $ 1.42% 11,700.00 $ 11,700.00 $ 7 Demolition LS 1 $165,000.00 $165,000.00 5.94% $401,918.00 $401,918.00 13.98% 225,000.00 $ 225,000.00 $ 7.75% 185,000.00 $ 185,000.00 $ 6.04% 169,000.00 $ 169,000.00 $ 5.35% 148,250.00 $ 148,250.00 $ Base Bid - Surface Improvements
8 Aggregate Base (For Concrete Pavement) CY 1009 $80.00 $80,720.00 2.91% $63.00 $63,567.00 2.21% 65.00 $ 65,585.00 $ 2.26% 50.00 $ 50,450.00 $ 1.65% 50.00 $ 50,450.00 $ 1.60% 105.30 $ 106,247.70 $ 9 Concrete Curb and Gutter (Type A-6), City Std. 301 LF 317 $75.00 $23,775.00 0.86% $56.00 $17,752.00 0.62% 45.00 $ 14,265.00 $ 0.49% 50.00 $ 15,850.00 $ 0.52% 60.00 $ 19,020.00 $ 0.60% 70.20 $ 22,253.40 $ 10 Concrete Curb (Type D), City Std. 305 LF 605 $57.00 $34,485.00 1.24% $50.00 $30,250.00 1.05% 45.00 $ 27,225.00 $ 0.94% 30.00 $ 18,150.00 $ 0.59% 50.00 $ 30,250.00 $ 0.96% 58.50 $ 35,392.50 $ 11 Concrete Sidewalk and Concrete Pads, City Std. 320 SF 785 $14.00 $10,990.00 0.40% $23.00 $18,055.00 0.63% 7.50 $ 5,887.50 $ 0.20% 25.00 $ 19,625.00 $ 0.64% 30.00 $ 23,550.00 $ 0.75% 29.25 $ 22,961.25 $ 12 On-Site ADA Concrete Straight Run Ramp/Walkway SF 625 $28.00 $17,500.00 0.63% $42.00 $26,250.00 0.91% 15.00 $ 9,375.00 $ 0.32% 25.00 $ 15,625.00 $ 0.51% 40.00 $ 25,000.00 $ 0.79% 22.23 $ 13,893.75 $ 13 Handrails for On-Site ADA Straight Run Ramp/Walkway LF 122 $130.00 $15,860.00 0.57% $110.00 $13,420.00 0.47% 121.00 $ 14,762.00 $ 0.51% 200.00 $ 24,400.00 $ 0.80% 196.00 $ 23,912.00 $ 0.76% 234.00 $ 28,548.00 $ 14 Concrete ADA Curb Ramps (Driveways and On-Site) SF 740 $40.00 $29,600.00 1.07% $29.00 $21,460.00 0.75% 20.00 $ 14,800.00 $ 0.51% 35.00 $ 25,900.00 $ 0.85% 42.00 $ 31,080.00 $ 0.98% 31.59 $ 23,376.60 $ 15 Concrete Pavement w/Rebar (7" Thickness) (Main Drive Aisle) SF 26487 $21.00 $556,227.00 20.02% $9.75 $258,248.25 8.98% 12.50 $ 331,087.50 $ 11.40% 20.00 $ 529,740.00 $ 17.30% 19.00 $ 503,253.00 $ 15.93% 18.72 $ 495,836.64 $ 16 Concrete Pavement w/Rebar (7" Thickness) (Driveway) SF 6525 $21.00 $137,025.00 4.93% $9.75 $63,618.75 2.21% 12.75 $ 83,193.75 $ 2.86% 21.00 $ 137,025.00 $ 4.48% 19.00 $ 123,975.00 $ 3.93% 21.06 $ 137,416.50 $ 17 Concrete Pavement (6" Thickness) (Parking) SF 3509 $18.00 $63,162.00 2.27% $9.75 $34,212.75 1.19% 8.50 $ 29,826.50 $ 1.03% 19.00 $ 66,671.00 $ 2.18% 16.00 $ 56,144.00 $ 1.78% 10.53 $ 36,949.77 $ 18 Concrete Pavement w/Rebar (6" Thickness) (Low Traffic) SF 4151 $20.00 $83,020.00 2.99% $9.00 $37,359.00 1.30% 10.00 $ 41,510.00 $ 1.43% 19.00 $ 78,869.00 $ 2.58% 17.00 $ 70,567.00 $ 2.23% 16.38 $ 67,993.38 $ 19 Concrete Bond Beam w/Rebar for Automatic Gate SF 54 $46.00 $2,484.00 0.09% $56.00 $3,024.00 0.11% 50.00 $ 2,700.00 $ 0.09% 250.00 $ 13,500.00 $ 0.44% 80.00 $ 4,320.00 $ 0.14% 35.10 $ 1,895.40 $ 20 *Motorized Rolling Gate (B Street) LS 1 $48,000.00 $48,000.00 1.73% $45,000.00 $45,000.00 1.56% 60,000.00 $ 60,000.00 $ 2.07% 60,000.00 $ 60,000.00 $ 1.96% 39,880.00 $ 39,880.00 $ 1.26% 46,650.00 $ 46,650.00 $ 21 Concrete Bollard EA 2 $1,490.00 $2,980.00 0.11% $2,237.00 $4,474.00 0.16% 1,000.00 $ 2,000.00 $ 0.07% 1,200.00 $ 2,400.00 $ 0.08% 2,500.00 $ 5,000.00 $ 0.16% 2,340.00 $ 4,680.00 $ 22 Key Pad and Footing for Motorized Rolling Gate (B Street) LS 1 $2,500.00 $2,500.00 0.09% $8,500.00 $8,500.00 0.30% 5,000.00 $ 5,000.00 $ 0.17% 5,000.00 $ 5,000.00 $ 0.16% 9,880.00 $ 9,880.00 $ 0.31% 11,583.00 $ 11,583.00 $ 23 Key Pad and Footing for Motorized Rolling Gate (Juniper Street) LS 1 $2,500.00 $2,500.00 0.09% $8,500.00 $8,500.00 0.30% 5,000.00 $ 5,000.00 $ 0.17% 5,000.00 $ 5,000.00 $ 0.16% 9,880.00 $ 9,880.00 $ 0.31% 11,583.00 $ 11,583.00 $ 24 Unclassified Excavation CY 8000 $23.00 $184,000.00 6.62% $1.00 $8,000.00 0.28% 35.00 $ 280,000.00 $ 9.64% 18.50 $ 148,000.00 $ 4.83% 5.00 $ 40,000.00 $ 1.27% 21.65 $ 173,200.00 $ 25 Earthen Swale LF 262 $28.00 $7,336.00 0.26% $43.00 $11,266.00 0.39% 70.00 $ 18,340.00 $ 0.63% 30.00 $ 7,860.00 $ 0.26% 18.00 $ 4,716.00 $ 0.15% 38.03 $ 9,963.86 $ 26 New Landscape Improvements LS 1 $51,000.00 $51,000.00 1.84% $7,960.00 $7,960.00 0.28% 20,000.00 $ 20,000.00 $ 0.69% 20,000.00 $ 20,000.00 $ 0.65% 62,000.00 $ 62,000.00 $ 1.96% 23,400.00 $ 23,400.00 $ 27 Signing and Striping LS 1 $11,000.00 $11,000.00 0.40% $5,500.00 $5,500.00 0.19% 6,500.00 $ 6,500.00 $ 0.22% 5,000.00 $ 5,000.00 $ 0.16% 8,500.00 $ 8,500.00 $ 0.27% 4,095.00 $ 4,095.00 $ Base Bid - Storm Drain Improvements
28 *Underground Infiltration / Detention Chambers System - MC-4500 Storm Chambers by StormtechLS 1 $172,500.00 $172,500.00 6.21% $500,000.00 $500,000.00 17.39% 160,000.00 $ 160,000.00 $ 5.51% 250,000.00 $ 250,000.00 $ 8.17% 246,000.00 $ 246,000.00 $ 7.79% 243,360.00 $ 243,360.00 $ 29 Modular Wetland System (L-4-4) EA 1 $34,500.00 $34,500.00 1.24% $36,000.00 $36,000.00 1.25% 44,000.00 $ 44,000.00 $ 1.52% 38,000.00 $ 38,000.00 $ 1.24% 31,000.00 $ 31,000.00 $ 0.98% 81,900.00 $ 81,900.00 $ 30 Modular Wetland System (L-4-8) EA 2 $57,500.00 $115,000.00 4.14% $48,000.00 $96,000.00 3.34% 45,000.00 $ 90,000.00 $ 3.10% 45,000.00 $ 90,000.00 $ 2.94% 43,000.00 $ 86,000.00 $ 2.72% 94,770.00 $ 189,540.00 $ 31 Modular Wetland System (L-8-12) EA 1 $115,000.00 $115,000.00 4.14% $80,000.00 $80,000.00 2.78% 80,000.00 $ 80,000.00 $ 2.75% 120,000.00 $ 120,000.00 $ 3.92% 81,000.00 $ 81,000.00 $ 2.56% 169,650.00 $ 169,650.00 $ 32 Storm Drain Cleanout EA 5 $1,700.00 $8,500.00 0.31% $4,100.00 $20,500.00 0.71% 3,500.00 $ 17,500.00 $ 0.60% 750.00 $ 3,750.00 $ 0.12% 1,800.00 $ 9,000.00 $ 0.28% 3,510.00 $ 17,550.00 $ 33 Slot Drain 8000 Series with 0.5" Slot Opening and Slot Drain Catch Basin System LS 1 $34,500.00 $34,500.00 1.24% $21,000.00 $21,000.00 0.73% 25,000.00 $ 25,000.00 $ 0.86% 38,000.00 $ 38,000.00 $ 1.24% 38,320.00 $ 38,320.00 $ 1.21% 70,200.00 $ 70,200.00 $ 34 Catch Basin Brooks Box (24"x24") EA 3 $3,450.00 $10,350.00 0.37% $5,500.00 $16,500.00 0.57% 5,500.00 $ 16,500.00 $ 0.57% 2,000.00 $ 6,000.00 $ 0.20% 4,500.00 $ 13,500.00 $ 0.43% 9,360.00 $ 28,080.00 $ 35 Atrium Drain (6") EA 2 $500.00 $1,000.00 0.04% $619.00 $1,238.00 0.04% 750.00 $ 1,500.00 $ 0.05% 250.00 $ 500.00 $ 0.02% 300.00 $ 600.00 $ 0.02% 1,755.00 $ 3,510.00 $ 36 4" PVC Storm Drain LF 46 $50.00 $2,300.00 0.08% $51.00 $2,346.00 0.08% 300.00 $ 13,800.00 $ 0.48% 65.00 $ 2,990.00 $ 0.10% 150.00 $ 6,900.00 $ 0.22% 93.60 $ 4,305.60 $ 37 12" PVC Storm Drain LF 3 $110.00 $330.00 0.01% $263.00 $789.00 0.03% 200.00 $ 600.00 $ 0.02% 120.00 $ 360.00 $ 0.01% 250.00 $ 750.00 $ 0.02% 105.30 $ 315.90 $ 38 3" HDPE Storm Drain LF 41 $46.00 $1,886.00 0.07% $52.00 $2,132.00 0.07% 95.00 $ 3,895.00 $ 0.13% 60.00 $ 2,460.00 $ 0.08% 80.00 $ 3,280.00 $ 0.10% 87.75 $ 3,597.75 $ 39 4" HDPE Storm Drain LF 106 $50.00 $5,300.00 0.19% $59.00 $6,254.00 0.22% 55.00 $ 5,830.00 $ 0.20% 50.00 $ 5,300.00 $ 0.17% 80.00 $ 8,480.00 $ 0.27% 99.45 $ 10,541.70 $ 40 6" HDPE Storm Drain LF 288 $74.00 $21,312.00 0.77% $61.00 $17,568.00 0.61% 75.00 $ 21,600.00 $ 0.74% 50.00 $ 14,400.00 $ 0.47% 91.00 $ 26,208.00 $ 0.83% 111.15 $ 32,011.20 $ 41 8" HDPE Storm Drain LF 60 $95.00 $5,700.00 0.21% $92.00 $5,520.00 0.19% 90.00 $ 5,400.00 $ 0.19% 70.00 $ 4,200.00 $ 0.14% 93.00 $ 5,580.00 $ 0.18% 114.66 $ 6,879.60 $ 42 12" HDPE Storm Drain LF 404 $126.00 $50,904.00 1.83% $68.00 $27,472.00 0.96% 95.00 $ 38,380.00 $ 1.32% 115.00 $ 46,460.00 $ 1.52% 105.00 $ 42,420.00 $ 1.34% 117.00 $ 47,268.00 $ 43 Curb Core EA 7 $570.00 $3,990.00 0.14% $300.00 $2,100.00 0.07% 250.00 $ 1,750.00 $ 0.06% 250.00 $ 1,750.00 $ 0.06% 1,000.00 $ 7,000.00 $ 0.22% 4,095.00 $ 28,665.00 $ 44 Connect Strom Drain to Roof Downspout EA 3 $570.00 $1,710.00 0.06% $333.00 $999.00 0.03% 350.00 $ 1,050.00 $ 0.04% 500.00 $ 1,500.00 $ 0.05% 500.00 $ 1,500.00 $ 0.05% 5,850.00 $ 17,550.00 $ 45 Splash Block for Roof Downspout EA 8 $460.00 $3,680.00 0.13% $155.00 $1,240.00 0.04% 250.00 $ 2,000.00 $ 0.07% 300.00 $ 2,400.00 $ 0.08% 850.00 $ 6,800.00 $ 0.22% 3,042.00 $ 24,336.00 $ 46 *Construct Storm Drain Sump Pumps System and Wet Well Structures LS 1 $97,750.00 $97,750.00 3.52% $234,623.00 $234,623.00 8.16% 300,000.00 $ 300,000.00 $ 10.33% 400,000.00 $ 400,000.00 $ 13.06% 315,000.00 $ 315,000.00 $ 9.97% 98,935.20 $ 98,935.20 $ Base Bid - Sewer Improvements
47 6" PVC SDR-35 Sewer Line LF 358 $108.00 $38,664.00 1.39% $164.00 $58,712.00 2.04% 105.00 $ 37,590.00 $ 1.29% 45.00 $ 16,110.00 $ 0.53% 98.00 $ 35,084.00 $ 1.11% 105.30 $ 37,697.40 $ 48 4' Sewer Manhole Per WMWD Std. W-1090 EA 1 $10,350.00 $10,350.00 0.37% $13,400.00 $13,400.00 0.47% 15,000.00 $ 15,000.00 $ 0.52% 12,000.00 $ 12,000.00 $ 0.39% 10,000.00 $ 10,000.00 $ 0.32% 40,950.00 $ 40,950.00 $ 49 Sewer Cleanout Per WMWD Std. W-1090 EA 5 $1,380.00 $6,900.00 0.25% $4,200.00 $21,000.00 0.73% 6,500.00 $ 32,500.00 $ 1.12% 700.00 $ 3,500.00 $ 0.11% 1,800.00 $ 9,000.00 $ 0.28% 2,925.00 $ 14,625.00 $ 50 Connect/Join New Sewer Line to Existing Sewer Lateral/Cleanout, Adjust Sewer Cleanout to Finish GradeLS 1 $1,380.00 $1,380.00 0.05% $8,000.00 $8,000.00 0.28% 10,000.00 $ 10,000.00 $ 0.34% 5,500.00 $ 5,500.00 $ 0.18% 4,500.00 $ 4,500.00 $ 0.14% 5,850.00 $ 5,850.00 $ 51 Service and Clean Out/Pump Existing Septic Tank, Disconnect, Fill, and Abandon Septic TankLS 1 $20,700.00 $20,700.00 0.75% $21,691.00 $21,691.00 0.75% 15,000.00 $ 15,000.00 $ 0.52% 25,000.00 $ 25,000.00 $ 0.82% 18,000.00 $ 18,000.00 $ 0.57% 35,100.00 $ 35,100.00 $ 52 Service and Cleanout Existing Oil Water Separator, Adjust Structure and Rims to Finish GradeLS 1 $17,250.00 $17,250.00 0.62% $14,032.00 $14,032.00 0.49% 7,500.00 $ 7,500.00 $ 0.26% 4,000.00 $ 4,000.00 $ 0.13% 12,000.00 $ 12,000.00 $ 0.38% 29,250.00 $ 29,250.00 $ Base Bid - Electric/Gas
53 New Gas Line, Hook Up, and Connection to Generator LS 1 $13,800.00 $13,800.00 0.50% $3,740.00 $3,740.00 0.13% 4,500.00 $ 4,500.00 $ 0.15% 4,900.00 $ 4,900.00 $ 0.16% 35,000.00 $ 35,000.00 $ 1.11% 52,650.00 $ 52,650.00 $ 54 Relocate, Connect, Startup, and Test Natural Gas Generator LS 1 $10,925.00 $10,925.00 0.39% $7,600.00 $7,600.00 0.26% 43,400.00 $ 43,400.00 $ 1.49% 4,000.00 $ 4,000.00 $ 0.13% 22,000.00 $ 22,000.00 $ 0.70% 5,850.00 $ 5,850.00 $ 55 Electrical Material and Labor LS 1 $86,250.00 $86,250.00 3.11% $198,625.00 $198,625.00 6.91% 200,000.00 $ 200,000.00 $ 6.89% 105,000.00 $ 105,000.00 $ 3.43% 77,500.00 $ 77,500.00 $ 2.45% 108,050.00 $ 108,050.00 $ Additive Bid
56 Asphalt Concrete Pavement (4" Thickness) TON 275 $207.00 $56,925.00 2.05% $185.00 $50,875.00 1.77% 190.00 $ 52,250.00 $ 1.80% 190.00 $ 52,250.00 $ 1.71% 300.00 $ 82,500.00 $ 2.61% 175.50 $ 48,262.50 $ 57 Aggregate Base (For AC Pavement) CY 283 $80.00 $22,640.00 0.82% $57.64 $16,312.12 0.57% 75.00 $ 21,225.00 $ 0.73% 140.00 $ 39,620.00 $ 1.29% 53.00 $ 14,999.00 $ 0.47% 105.30 $ 29,799.90 $ 58 *Manual Rolling Gate (B Street) LS 1 $20,000.00 $20,000.00 0.72% $18,000.00 $18,000.00 0.63% 21,500.00 $ 21,500.00 $ 0.74% 21,000.00 $ 21,000.00 $ 0.69% 15,061.00 $ 15,061.00 $ 0.48% 17,621.00 $ 17,621.00 $ 59 *Tubular Steel Fence (B Street) LF 240 $230.00 $55,200.00 1.99% $218.00 $52,320.00 1.82% 300.00 $ 72,000.00 $ 2.48% 250.00 $ 60,000.00 $ 1.96% 120.00 $ 28,800.00 $ 0.91% 140.40 $ 33,696.00 $ 60 Perforated Steel Screen (For Additive Tubular Steel Fence and Manual Rolling Gate) (B Street)SF 1560 $12.00 $18,720.00 0.67% $10.00 $15,600.00 0.54% 15.00 $ 23,400.00 $ 0.81% 20.00 $ 31,200.00 $ 1.02% 12.00 $ 18,720.00 $ 0.59% 14.00 $ 21,840.00 $ 61 Remove and Dispose of Existing Chain Link Fence, Manual Gate, and Vegetation (B Street)LF 260 $43.00 $11,180.00 0.40% $30.29 $7,875.40 0.27% 20.00 $ 5,200.00 $ 0.18% 125.00 $ 32,500.00 $ 1.06% 40.00 $ 10,400.00 $ 0.33% 46.80 $ 12,168.00 $ $2,777,760.00 100.00% $2,875,927.27 100.00% 2,903,927.25$ 100.00% 3,061,715.00$ 100.00% 3,158,283.00$ 100.00% 3,266,825.50$ FIRE STATION 1 SITE IMPROVEMENTS
CITY PROJECT NO. 22-452, CIP NO. 21019
BIDS OPENED: 9/23/25 @ 2:00 P.M.
Act 1 Construction R2BUILD
TOTAL BID PRICE
DEARK E&C, INC. Riverside Construction Company, Inc. Van Engineeing Inc. Spec Construction Co. Inc. 247
% of Total
Bid Price Unit Price Total Price
% of Total
Bid Price Unit Price Total Price
% of Total
Bid Price Unit Price Total Price
% of Total
Bid Price Unit Price Total Price
% of Total
Bid Price Unit Price Total Price
% of Total
Bid Price Unit Price Total Price
% of Total
Bid Price Unit Price Total Price
% of Total
Bid Price Unit Price Total Price
% of Total
Bid Price
4.66% 585,000.00 $ 585,000.00 $ 16.99% 490,996.00 $ 490,996.00 $ 13.41% 315,790.00 $ 315,790.00 $ 8.53% 30,000.00 $ 30,000.00 $ 0.80% 150,000.00 $ 150,000.00 $ 3.98% 174,000.00 $ 174,000.00 $ 4.53% 322,659.00 $ 322,659.00 $ 8.20% 365,000.00 $ 365,000.00 $ 6.98%
0.72% 30,000.00 $ 30,000.00 $ 0.87% 25,000.00 $ 25,000.00 $ 0.68% 100.00 $ 100.00 $ 0.00% 5,000.00 $ 5,000.00 $ 0.13% 15,000.00 $ 15,000.00 $ 0.40% 10,000.00 $ 10,000.00 $ 0.26% 11,207.00 $ 11,207.00 $ 0.28% 21,300.00 $ 21,300.00 $ 0.41%
0.36% 6,000.00 $ 6,000.00 $ 0.17% 3,000.00 $ 3,000.00 $ 0.08% 500.00 $ 500.00 $ 0.01% 5,000.00 $ 5,000.00 $ 0.13% 12,000.00 $ 12,000.00 $ 0.32% 650.00 $ 650.00 $ 0.02% 3,362.00 $ 3,362.00 $ 0.09% 4,000.00 $ 4,000.00 $ 0.08%
0.89% 24,000.00 $ 24,000.00 $ 0.70% 24,000.00 $ 24,000.00 $ 0.66% 26,000.00 $ 26,000.00 $ 0.70% 25,000.00 $ 25,000.00 $ 0.67% 25,000.00 $ 25,000.00 $ 0.66% 39,000.00 $ 39,000.00 $ 1.02% 22,034.00 $ 22,034.00 $ 0.56% 90,000.00 $ 90,000.00 $ 1.72%
1.25% 40,000.00 $ 40,000.00 $ 1.16% 24,000.00 $ 24,000.00 $ 0.66% 25,000.00 $ 25,000.00 $ 0.68% 20,000.00 $ 20,000.00 $ 0.53% 25,000.00 $ 25,000.00 $ 0.66% 59,210.00 $ 59,210.00 $ 1.54% 23,838.00 $ 23,838.00 $ 0.61% 38,000.00 $ 38,000.00 $ 0.73%
0.36% 8,000.00 $ 8,000.00 $ 0.23% 14,000.00 $ 14,000.00 $ 0.38% 350.00 $ 350.00 $ 0.01% 10,000.00 $ 10,000.00 $ 0.27% 10,000.00 $ 10,000.00 $ 0.27% 100,000.00 $ 100,000.00 $ 2.60% 16,811.00 $ 16,811.00 $ 0.43% 9,000.00 $ 9,000.00 $ 0.17%
4.54% 125,000.00 $ 125,000.00 $ 3.63% 140,064.00 $ 140,064.00 $ 3.82% 180,000.00 $ 180,000.00 $ 4.86% 115,000.00 $ 115,000.00 $ 3.07% 100,000.00 $ 100,000.00 $ 2.66% 140,000.00 $ 140,000.00 $ 3.65% 306,367.00 $ 306,367.00 $ 7.79% 339,000.00 $ 339,000.00 $ 6.49%
3.25% 40.00 $ 40,360.00 $ 1.17% 111.00 $ 111,999.00 $ 3.06% 143.00 $ 144,287.00 $ 3.90% 70.00 $ 70,630.00 $ 1.89% 120.00 $ 121,080.00 $ 3.22% 85.00 $ 85,765.00 $ 2.23% 84.05 $ 84,806.45 $ 2.16% 160.00 $ 161,440.00 $ 3.09%
0.68% 60.00 $ 19,020.00 $ 0.55% 61.00 $ 19,337.00 $ 0.53% 68.00 $ 21,556.00 $ 0.58% 65.00 $ 20,605.00 $ 0.55% 50.00 $ 15,850.00 $ 0.42% 62.00 $ 19,654.00 $ 0.51% 61.64 $ 19,539.88 $ 0.50% 63.00 $ 19,971.00 $ 0.38%
1.08% 40.00 $ 24,200.00 $ 0.70% 36.00 $ 21,780.00 $ 0.59% 44.00 $ 26,620.00 $ 0.72% 60.00 $ 36,300.00 $ 0.97% 40.00 $ 24,200.00 $ 0.64% 27.00 $ 16,335.00 $ 0.43% 39.23 $ 23,734.15 $ 0.60% 57.00 $ 34,485.00 $ 0.66%
0.70% 14.00 $ 10,990.00 $ 0.32% 14.00 $ 10,990.00 $ 0.30% 31.00 $ 24,335.00 $ 0.66% 21.00 $ 16,485.00 $ 0.44% 20.00 $ 15,700.00 $ 0.42% 21.00 $ 16,485.00 $ 0.43% 32.32 $ 25,371.20 $ 0.64% 15.80 $ 12,403.00 $ 0.24%
0.43% 16.00 $ 10,000.00 $ 0.29% 102.00 $ 63,750.00 $ 1.74% 50.00 $ 31,250.00 $ 0.84% 40.00 $ 25,000.00 $ 0.67% 25.00 $ 15,625.00 $ 0.41% 17.00 $ 10,625.00 $ 0.28% 46.85 $ 29,281.25 $ 0.74% 52.00 $ 32,500.00 $ 0.62%
0.87% 197.00 $ 24,034.00 $ 0.70% 139.00 $ 16,958.00 $ 0.46% 130.00 $ 15,860.00 $ 0.43% 180.00 $ 21,960.00 $ 0.59% 200.00 $ 24,400.00 $ 0.65% 270.00 $ 32,940.00 $ 0.86% 123.28 $ 15,040.16 $ 0.38% 123.00 $ 15,006.00 $ 0.29%
0.72% 18.00 $ 13,320.00 $ 0.39% 33.00 $ 24,420.00 $ 0.67% 40.00 $ 29,600.00 $ 0.80% 65.00 $ 48,100.00 $ 1.28% 30.00 $ 22,200.00 $ 0.59% 15.45 $ 11,433.00 $ 0.30% 40.51 $ 29,977.40 $ 0.76% 45.50 $ 33,670.00 $ 0.64%
15.18% 18.00 $ 476,766.00 $ 13.85% 10.00 $ 264,870.00 $ 7.23% 15.00 $ 397,305.00 $ 10.73% 25.00 $ 662,175.00 $ 17.67% 27.50 $ 728,392.50 $ 19.35% 15.00 $ 397,305.00 $ 10.35% 25.78 $ 682,834.86 $ 17.36% 10.20 $ 270,167.40 $ 5.17%
4.21% 18.00 $ 117,450.00 $ 3.41% 10.00 $ 65,250.00 $ 1.78% 15.00 $ 97,875.00 $ 2.64% 25.00 $ 163,125.00 $ 4.35% 27.50 $ 179,437.50 $ 4.77% 14.65 $ 95,591.25 $ 2.49% 25.78 $ 168,214.50 $ 4.28% 14.60 $ 95,265.00 $ 1.82%
1.13% 16.00 $ 56,144.00 $ 1.63% 10.00 $ 35,090.00 $ 0.96% 12.00 $ 42,108.00 $ 1.14% 22.00 $ 77,198.00 $ 2.06% 20.00 $ 70,180.00 $ 1.86% 14.35 $ 50,354.15 $ 1.31% 22.41 $ 78,636.69 $ 2.00% 12.00 $ 42,108.00 $ 0.81%
2.08% 19.00 $ 78,869.00 $ 2.29% 10.00 $ 41,510.00 $ 1.13% 12.00 $ 49,812.00 $ 1.35% 22.00 $ 91,322.00 $ 2.44% 20.00 $ 83,020.00 $ 2.20% 17.18 $ 71,314.18 $ 1.86% 21.29 $ 88,374.79 $ 2.25% 11.70 $ 48,566.70 $ 0.93%
0.06% 50.00 $ 2,700.00 $ 0.08% 48.00 $ 2,592.00 $ 0.07% 47.00 $ 2,538.00 $ 0.07% 55.00 $ 2,970.00 $ 0.08% 100.00 $ 5,400.00 $ 0.14% 234.00 $ 12,636.00 $ 0.33% 84.05 $ 4,538.70 $ 0.12% 200.00 $ 10,800.00 $ 0.21%
1.43% 39,880.00 $ 39,880.00 $ 1.16% 64,961.00 $ 64,961.00 $ 1.77% 51,000.00 $ 51,000.00 $ 1.38% 20,000.00 $ 20,000.00 $ 0.53% 32,000.00 $ 32,000.00 $ 0.85% 132,250.00 $ 132,250.00 $ 3.44% 50,433.00 $ 50,433.00 $ 1.28% 50,000.00 $ 50,000.00 $ 0.96%
0.14% 800.00 $ 1,600.00 $ 0.05% 2,353.00 $ 4,706.00 $ 0.13% 550.00 $ 1,100.00 $ 0.03% 2,500.00 $ 5,000.00 $ 0.13% 750.00 $ 1,500.00 $ 0.04% 515.00 $ 1,030.00 $ 0.03% 1,121.00 $ 2,242.00 $ 0.06% 6,100.00 $ 12,200.00 $ 0.23%
0.35% 27,000.00 $ 27,000.00 $ 0.78% 1,202.00 $ 1,202.00 $ 0.03% 2,500.00 $ 2,500.00 $ 0.07% 10,000.00 $ 10,000.00 $ 0.27% 15,000.00 $ 15,000.00 $ 0.40% 4,000.00 $ 4,000.00 $ 0.10% 2,241.00 $ 2,241.00 $ 0.06% 2,240.00 $ 2,240.00 $ 0.04%
0.35% 17,000.00 $ 17,000.00 $ 0.49% 1,538.00 $ 1,538.00 $ 0.04% 2,500.00 $ 2,500.00 $ 0.07% 8,000.00 $ 8,000.00 $ 0.21% 15,000.00 $ 15,000.00 $ 0.40% 4,000.00 $ 4,000.00 $ 0.10% 16,811.00 $ 16,811.00 $ 0.43% 2,240.00 $ 2,240.00 $ 0.04%
5.30% 18.50 $ 148,000.00 $ 4.30% 41.00 $ 328,000.00 $ 8.96% 46.00 $ 368,000.00 $ 9.94% 15.00 $ 120,000.00 $ 3.20% 40.00 $ 320,000.00 $ 8.50% 40.00 $ 320,000.00 $ 8.33% 16.81 $ 134,480.00 $ 3.42% 8.30 $ 66,400.00 $ 1.27%
0.31% 32.50 $ 8,515.00 $ 0.25% 23.00 $ 6,026.00 $ 0.16% 6.00 $ 1,572.00 $ 0.04% 175.00 $ 45,850.00 $ 1.22% 110.00 $ 28,820.00 $ 0.77% 95.42 $ 25,000.04 $ 0.65% 36.42 $ 9,542.04 $ 0.24% 36.00 $ 9,432.00 $ 0.18%
0.72% 18,900.00 $ 18,900.00 $ 0.55% 45,089.00 $ 45,089.00 $ 1.23% 31,000.00 $ 31,000.00 $ 0.84% 20,000.00 $ 20,000.00 $ 0.53% 25,000.00 $ 25,000.00 $ 0.66% 22,167.00 $ 22,167.00 $ 0.58% 48,191.00 $ 48,191.00 $ 1.23% 25,400.00 $ 25,400.00 $ 0.49%
0.13% 5,500.00 $ 5,500.00 $ 0.16% 4,792.00 $ 4,792.00 $ 0.13% 6,000.00 $ 6,000.00 $ 0.16% 6,000.00 $ 6,000.00 $ 0.16% 20,000.00 $ 20,000.00 $ 0.53% 23,500.00 $ 23,500.00 $ 0.61% 6,164.00 $ 6,164.00 $ 0.16% 7,300.00 $ 7,300.00 $ 0.14%
7.45% 267,352.00 $ 267,352.00 $ 7.77% 321,693.00 $ 321,693.00 $ 8.79% 755,000.00 $ 755,000.00 $ 20.39% 245,000.00 $ 245,000.00 $ 6.54% 295,000.00 $ 295,000.00 $ 7.83% 1,016,207.00 $ 1,016,207.00 $ 26.47% 336,219.00 $ 336,219.00 $ 8.55% 672,000.00 $ 672,000.00 $ 12.86%
2.51% 40,020.00 $ 40,020.00 $ 1.16% 55,051.00 $ 55,051.00 $ 1.50% 40,000.00 $ 40,000.00 $ 1.08% 65,000.00 $ 65,000.00 $ 1.73% 65,000.00 $ 65,000.00 $ 1.73% 25,000.00 $ 25,000.00 $ 0.65% 39,226.00 $ 39,226.00 $ 1.00% 81,000.00 $ 81,000.00 $ 1.55%
5.80% 55,000.00 $ 110,000.00 $ 3.20% 69,727.00 $ 139,454.00 $ 3.81% 55,000.00 $ 110,000.00 $ 2.97% 80,000.00 $ 160,000.00 $ 4.27% 82,000.00 $ 164,000.00 $ 4.36% 25,000.00 $ 50,000.00 $ 1.30% 53,795.00 $ 107,590.00 $ 2.74% 100,000.00 $ 200,000.00 $ 3.83%
5.19% 81,230.00 $ 81,230.00 $ 2.36% 107,691.00 $ 107,691.00 $ 2.94% 91,000.00 $ 91,000.00 $ 2.46% 130,000.00 $ 130,000.00 $ 3.47% 110,000.00 $ 110,000.00 $ 2.92% 20,000.00 $ 20,000.00 $ 0.52% 89,659.00 $ 89,659.00 $ 2.28% 132,000.00 $ 132,000.00 $ 2.53%
0.54% 3,500.00 $ 17,500.00 $ 0.51% 852.00 $ 4,260.00 $ 0.12% 2,000.00 $ 10,000.00 $ 0.27% 1,500.00 $ 7,500.00 $ 0.20% 1,900.00 $ 9,500.00 $ 0.25% 4,000.00 $ 20,000.00 $ 0.52% 841.00 $ 4,205.00 $ 0.11% 8,700.00 $ 43,500.00 $ 0.83%
2.15% 25,000.00 $ 25,000.00 $ 0.73% 38,859.00 $ 38,859.00 $ 1.06% 31,000.00 $ 31,000.00 $ 0.84% 50,000.00 $ 50,000.00 $ 1.33% 46,000.00 $ 46,000.00 $ 1.22% 50,000.00 $ 50,000.00 $ 1.30% 39,226.00 $ 39,226.00 $ 1.00% 91,000.00 $ 91,000.00 $ 1.74%
0.86% 7,500.00 $ 22,500.00 $ 0.65% 4,533.00 $ 13,599.00 $ 0.37% 1,800.00 $ 5,400.00 $ 0.15% 5,000.00 $ 15,000.00 $ 0.40% 2,500.00 $ 7,500.00 $ 0.20% 666.00 $ 1,998.00 $ 0.05% 1,681.00 $ 5,043.00 $ 0.13% 7,600.00 $ 22,800.00 $ 0.44%
0.11% 1,250.00 $ 2,500.00 $ 0.07% 305.00 $ 610.00 $ 0.02% 700.00 $ 1,400.00 $ 0.04% 5,000.00 $ 10,000.00 $ 0.27% 750.00 $ 1,500.00 $ 0.04% 1,000.00 $ 2,000.00 $ 0.05% 280.00 $ 560.00 $ 0.01% 1,680.00 $ 3,360.00 $ 0.06%
0.13% 130.00 $ 5,980.00 $ 0.17% 47.00 $ 2,162.00 $ 0.06% 102.00 $ 4,692.00 $ 0.13% 800.00 $ 36,800.00 $ 0.98% 90.00 $ 4,140.00 $ 0.11% 100.00 $ 4,600.00 $ 0.12% 72.85 $ 3,351.10 $ 0.09% 235.00 $ 10,810.00 $ 0.21%
0.01% 400.00 $ 1,200.00 $ 0.03% 528.00 $ 1,584.00 $ 0.04% 720.00 $ 2,160.00 $ 0.06% 12,000.00 $ 36,000.00 $ 0.96% 1,200.00 $ 3,600.00 $ 0.10% 200.00 $ 600.00 $ 0.02% 134.00 $ 402.00 $ 0.01% 1,000.00 $ 3,000.00 $ 0.06%
0.11% 120.00 $ 4,920.00 $ 0.14% 99.00 $ 4,059.00 $ 0.11% 46.00 $ 1,886.00 $ 0.05% 900.00 $ 36,900.00 $ 0.98% 120.00 $ 4,920.00 $ 0.13% 51.22 $ 2,100.02 $ 0.05% 50.43 $ 2,067.63 $ 0.05% 235.00 $ 9,635.00 $ 0.18%
0.32% 124.00 $ 13,144.00 $ 0.38% 74.00 $ 7,844.00 $ 0.21% 47.00 $ 4,982.00 $ 0.13% 375.00 $ 39,750.00 $ 1.06% 130.00 $ 13,780.00 $ 0.37% 30.67 $ 3,251.02 $ 0.08% 56.04 $ 5,940.24 $ 0.15% 235.00 $ 24,910.00 $ 0.48%
0.98% 137.00 $ 39,456.00 $ 1.15% 97.00 $ 27,936.00 $ 0.76% 94.00 $ 27,072.00 $ 0.73% 147.00 $ 42,336.00 $ 1.13% 160.00 $ 46,080.00 $ 1.22% 18.23 $ 5,250.24 $ 0.14% 61.64 $ 17,752.32 $ 0.45% 300.00 $ 86,400.00 $ 1.65%
0.21% 140.00 $ 8,400.00 $ 0.24% 281.00 $ 16,860.00 $ 0.46% 130.00 $ 7,800.00 $ 0.21% 640.00 $ 38,400.00 $ 1.02% 180.00 $ 10,800.00 $ 0.29% 20.83 $ 1,249.80 $ 0.03% 72.85 $ 4,371.00 $ 0.11% 314.00 $ 18,840.00 $ 0.36%
1.45% 150.00 $ 60,600.00 $ 1.76% 134.00 $ 54,136.00 $ 1.48% 150.00 $ 60,600.00 $ 1.64% 130.00 $ 52,520.00 $ 1.40% 200.00 $ 80,800.00 $ 2.15% 26.73 $ 10,798.92 $ 0.28% 134.49 $ 54,333.96 $ 1.38% 350.00 $ 141,400.00 $ 2.71%
0.88% 900.00 $ 6,300.00 $ 0.18% 224.00 $ 1,568.00 $ 0.04% 250.00 $ 1,750.00 $ 0.05% 500.00 $ 3,500.00 $ 0.09% 500.00 $ 3,500.00 $ 0.09% 71.43 $ 500.01 $ 0.01% 560.37 $ 3,922.59 $ 0.10% 1,800.00 $ 12,600.00 $ 0.24%
0.54% 1,000.00 $ 3,000.00 $ 0.09% 1,200.00 $ 3,600.00 $ 0.10% 350.00 $ 1,050.00 $ 0.03% 1,000.00 $ 3,000.00 $ 0.08% 950.00 $ 2,850.00 $ 0.08% 1,333.00 $ 3,999.00 $ 0.10% 280.18 $ 840.54 $ 0.02% 3,500.00 $ 10,500.00 $ 0.20%
0.74% 1,200.00 $ 9,600.00 $ 0.28% 203.00 $ 1,624.00 $ 0.04% 155.00 $ 1,240.00 $ 0.03% 700.00 $ 5,600.00 $ 0.15% 750.00 $ 6,000.00 $ 0.16% 281.00 $ 2,248.00 $ 0.06% 816.73 $ 6,533.84 $ 0.17% 580.00 $ 4,640.00 $ 0.09%
3.03% 270,000.00 $ 270,000.00 $ 7.84% 467,943.00 $ 467,943.00 $ 12.78% 260,000.00 $ 260,000.00 $ 7.02% 350,000.00 $ 350,000.00 $ 9.34% 350,000.00 $ 350,000.00 $ 9.30% 300,000.00 $ 300,000.00 $ 7.81% 521,140.00 $ 521,140.00 $ 13.25% 896,000.00 $ 896,000.00 $ 17.14%
1.15% 160.00 $ 57,280.00 $ 1.66% 152.00 $ 54,416.00 $ 1.49% 125.00 $ 44,750.00 $ 1.21% 275.00 $ 98,450.00 $ 2.63% 160.00 $ 57,280.00 $ 1.52% 55.87 $ 20,001.46 $ 0.52% 53.80 $ 19,260.40 $ 0.49% 700.00 $ 250,600.00 $ 4.80%
1.25% 18,000.00 $ 18,000.00 $ 0.52% 22,041.00 $ 22,041.00 $ 0.60% 25,000.00 $ 25,000.00 $ 0.68% 45,000.00 $ 45,000.00 $ 1.20% 25,000.00 $ 25,000.00 $ 0.66% 2,000.00 $ 2,000.00 $ 0.05% 14,009.00 $ 14,009.00 $ 0.36% 35,000.00 $ 35,000.00 $ 0.67%
0.45% 4,500.00 $ 22,500.00 $ 0.65% 854.00 $ 4,270.00 $ 0.12% 1,300.00 $ 6,500.00 $ 0.18% 1,500.00 $ 7,500.00 $ 0.20% 3,500.00 $ 17,500.00 $ 0.46% 2,000.00 $ 10,000.00 $ 0.26% 840.55 $ 4,202.75 $ 0.11% 9,500.00 $ 47,500.00 $ 0.91%
0.18% 8,000.00 $ 8,000.00 $ 0.23% 15,546.00 $ 15,546.00 $ 0.42% 1,600.00 $ 1,600.00 $ 0.04% 5,000.00 $ 5,000.00 $ 0.13% 7,000.00 $ 7,000.00 $ 0.19% 5,000.00 $ 5,000.00 $ 0.13% 5,604.00 $ 5,604.00 $ 0.14% 26,000.00 $ 26,000.00 $ 0.50%
1.07% 30,000.00 $ 30,000.00 $ 0.87% 16,520.00 $ 16,520.00 $ 0.45% 25,000.00 $ 25,000.00 $ 0.68% 30,000.00 $ 30,000.00 $ 0.80% 25,000.00 $ 25,000.00 $ 0.66% 7,000.00 $ 7,000.00 $ 0.18% 22,415.00 $ 22,415.00 $ 0.57% 181,000.00 $ 181,000.00 $ 3.46%
0.90% 50,000.00 $ 50,000.00 $ 1.45% 7,050.00 $ 7,050.00 $ 0.19% 3,000.00 $ 3,000.00 $ 0.08% 25,000.00 $ 25,000.00 $ 0.67% 20,000.00 $ 20,000.00 $ 0.53% 2,000.00 $ 2,000.00 $ 0.05% 6,221.00 $ 6,221.00 $ 0.16% 46,000.00 $ 46,000.00 $ 0.88%
1.61% 20,000.00 $ 20,000.00 $ 0.58% 24,808.00 $ 24,808.00 $ 0.68% 10,000.00 $ 10,000.00 $ 0.27% 35,000.00 $ 35,000.00 $ 0.93% 10,000.00 $ 10,000.00 $ 0.27% 19,000.00 $ 19,000.00 $ 0.49% 5,604.00 $ 5,604.00 $ 0.14% 16,800.00 $ 16,800.00 $ 0.32%
0.18% 45,000.00 $ 45,000.00 $ 1.31% 46,806.00 $ 46,806.00 $ 1.28% 6,500.00 $ 6,500.00 $ 0.18% 15,000.00 $ 15,000.00 $ 0.40% 16,000.00 $ 16,000.00 $ 0.42% 10,000.00 $ 10,000.00 $ 0.26% 5,604.00 $ 5,604.00 $ 0.14% 11,200.00 $ 11,200.00 $ 0.21%
3.31% 89,000.00 $ 89,000.00 $ 2.59% 144,543.00 $ 144,543.00 $ 3.95% 100,000.00 $ 100,000.00 $ 2.70% 149,000.00 $ 149,000.00 $ 3.98% 94,500.00 $ 94,500.00 $ 2.51% 130,000.00 $ 130,000.00 $ 3.39% 161,161.00 $ 161,161.00 $ 4.10% 100,000.00 $ 100,000.00 $ 1.91%
1.48% 185.00 $ 50,875.00 $ 1.48% 202.00 $ 55,550.00 $ 1.52% 150.00 $ 41,250.00 $ 1.11% 190.00 $ 52,250.00 $ 1.39% 200.00 $ 55,000.00 $ 1.46% 316.36 $ 86,999.00 $ 2.27% 356.73 $ 98,100.75 $ 2.49% 183.00 $ 50,325.00 $ 0.96%
0.91% 110.00 $ 31,130.00 $ 0.90% 97.00 $ 27,451.00 $ 0.75% 90.00 $ 25,470.00 $ 0.69% 75.00 $ 21,225.00 $ 0.57% 100.00 $ 28,300.00 $ 0.75% 137.81 $ 39,000.23 $ 1.02% 92.68 $ 26,228.44 $ 0.67% 247.00 $ 69,901.00 $ 1.34%
0.54% 15,000.00 $ 15,000.00 $ 0.44% 27,523.00 $ 27,523.00 $ 0.75% 23,000.00 $ 23,000.00 $ 0.62% 24,000.00 $ 24,000.00 $ 0.64% 20,000.00 $ 20,000.00 $ 0.53% 23,500.00 $ 23,500.00 $ 0.61% 18,000.00 $ 18,000.00 $ 0.46% 20,000.00 $ 20,000.00 $ 0.38%
1.03% 125.00 $ 30,000.00 $ 0.87% 264.00 $ 63,360.00 $ 1.73% 250.00 $ 60,000.00 $ 1.62% 400.00 $ 96,000.00 $ 2.56% 135.00 $ 32,400.00 $ 0.86% 166.67 $ 40,000.80 $ 1.04% 220.08 $ 52,819.20 $ 1.34% 244.00 $ 58,560.00 $ 1.12%
0.67% 12.00 $ 18,720.00 $ 0.54% 12.00 $ 18,720.00 $ 0.51% 11.00 $ 17,160.00 $ 0.46% 80.00 $ 124,800.00 $ 3.33% 15.00 $ 23,400.00 $ 0.62% 19.23 $ 29,998.80 $ 0.78% 10.00 $ 15,600.00 $ 0.40% 11.20 $ 17,472.00 $ 0.33%
0.37% 40.00 $ 10,400.00 $ 0.30% 26.00 $ 6,760.00 $ 0.18% 10.00 $ 2,600.00 $ 0.07% 40.00 $ 10,400.00 $ 0.28% 35.00 $ 9,100.00 $ 0.24% 76.92 $ 19,999.20 $ 0.52% 37.88 $ 9,848.80 $ 0.25% 52.00 $ 13,520.00 $ 0.26% 100.00% 3,442,855.00$ 100.00% 3,661,817.00$ 100.00% 3,703,420.00$ 100.00% 3,746,651.00$ 100.00% 3,765,255.00$ 100.00% 3,839,546.12$ 100.00% 3,933,793.63$ 100.00% 5,226,167.10$ 100.00% Aster Construction Services CT&T Concrete Paving Inc. Los Angeles Engineering, Inc. Elegant Construction Inc. Loghmani & Associates, Inc Kunzik and Sara Construction, Inc Newman Midland Corp Hillcrest Contracting, Inc. 248
Unit Price Total Price
% of Total
Bid Price
120,000.00 $ 120,000.00 $ 2.08%
45,000.00 $ 45,000.00 $ 0.78%
5,000.00 $ 5,000.00 $ 0.09%
26,000.00 $ 26,000.00 $ 0.45%
45,000.00 $ 45,000.00 $ 0.78%
15,000.00 $ 15,000.00 $ 0.26%
225,000.00 $ 225,000.00 $ 3.91%
55.00 $ 55,495.00 $ 0.96%
70.00 $ 22,190.00 $ 0.39%
50.00 $ 30,250.00 $ 0.53%
20.00 $ 15,700.00 $ 0.27%
35.00 $ 21,875.00 $ 0.38%
300.00 $ 36,600.00 $ 0.64%
60.00 $ 44,400.00 $ 0.77%
20.00 $ 529,740.00 $ 9.19%
20.00 $ 130,500.00 $ 2.27%
18.00 $ 63,162.00 $ 1.10%
18.00 $ 74,718.00 $ 1.30%
50.00 $ 2,700.00 $ 0.05%
45,000.00 $ 45,000.00 $ 0.78%
1,000.00 $ 2,000.00 $ 0.03%
12,000.00 $ 12,000.00 $ 0.21%
12,000.00 $ 12,000.00 $ 0.21%
80.00 $ 640,000.00 $ 11.11%
120.00 $ 31,440.00 $ 0.55%
26,000.00 $ 26,000.00 $ 0.45%
10,000.00 $ 10,000.00 $ 0.17%
700,000.00 $ 700,000.00 $ 12.15%
85,000.00 $ 85,000.00 $ 1.48%
98,000.00 $ 196,000.00 $ 3.40%
126,000.00 $ 126,000.00 $ 2.19%
11,000.00 $ 55,000.00 $ 0.95%
91,000.00 $ 91,000.00 $ 1.58%
8,500.00 $ 25,500.00 $ 0.44%
3,000.00 $ 6,000.00 $ 0.10%
250.00 $ 11,500.00 $ 0.20%
1,100.00 $ 3,300.00 $ 0.06%
300.00 $ 12,300.00 $ 0.21%
300.00 $ 31,800.00 $ 0.55%
350.00 $ 100,800.00 $ 1.75%
350.00 $ 21,000.00 $ 0.36%
375.00 $ 151,500.00 $ 2.63%
500.00 $ 3,500.00 $ 0.06%
1,500.00 $ 4,500.00 $ 0.08%
200.00 $ 1,600.00 $ 0.03%
975,000.00 $ 975,000.00 $ 16.92%
700.00 $ 250,600.00 $ 4.35%
41,000.00 $ 41,000.00 $ 0.71%
10,000.00 $ 50,000.00 $ 0.87%
27,000.00 $ 27,000.00 $ 0.47%
170,000.00 $ 170,000.00 $ 2.95%
48,000.00 $ 48,000.00 $ 0.83%
7,500.00 $ 7,500.00 $ 0.13%
1,700.00 $ 1,700.00 $ 0.03%
120,000.00 $ 120,000.00 $ 2.08%
185.00 $ 50,875.00 $ 0.88%
55.00 $ 15,565.00 $ 0.27%
18,500.00 $ 18,500.00 $ 0.32%
150.00 $ 36,000.00 $ 0.62%
15.00 $ 23,400.00 $ 0.41%
50.00 $ 13,000.00 $ 0.23%
5,761,210.00$ 100.00%
CJ Concrete Construction, Inc.
249
B ST
JUNIPER ST
PLUM AVE
Fire Station No.1
41825 Juniper Street 8/23/2022
CIP 21019Vicinity Map
100 0 10050 Feet
E
LOCATION MAP
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CITY OF MURRIETA
City Council Meeting Agenda
Report
11/4/2025
Agenda Item No. 9.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, AICP, Development Services Director PREPARED BY: Andrew Krogh, Building Official
SUBJECT:
First Reading of Ordinance for Adoption of the 2025 California Building Standards Code
RECOMMENDATION
Conduct the first reading and introduce Ordinance No. 625-25 entitled: An Ordinance of the City Council of the City of Murrieta, California, Adopting the 2025 California Building Standards Code; and Schedule a Public Hearing to conduct the second reading of Ordinance No. 625-25 for the November 18, 2025, City Council Meeting.
PRIOR ACTION/VOTE
On November 1, 2022, the City Council introduced and conducted the first reading of Ordinance No. 583-22 approving amendments to the Murrieta Municipal Code thereby adopting the 2022 California Building Standards Code, with minor local amendments (Vote: 5-0).
On November 15, 2022, the City Council conducted the second reading and adopted Ordinance No. 583-22 approving amendments to the Murrieta Municipal Code thereby adopting the 2022 California Building Standards Code, with minor local amendments (Vote: 4-0-1).
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
The California Building Standards Commission is the State agency responsible for establishing and updating the building standards and codes for new construction in California. The model codes that make up the California Building Standards Code - California Code of Regulations Title 24 (CBSC) include the following:
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Agenda Item No. 9.
· International Building Code;
· National Electrical Code;
· International Residential Code;
· Uniform Mechanical Code; and
· Uniform Plumbing Code.
The model building codes are updated every three years with the requirement that local jurisdictions enforce the State adopted codes as the minimum standard for construction. The current 2025 CBSC was published July 1, 2025, with an effective date of January 1, 2026. Under State law, the CBSC applies throughout the State and to all building occupancies, whether or not the local government has an adopted ordinance.
The State allows local amendments to the code when findings can be made that such code changes are necessary to address locally unique topographical, geological, climatic, and environmental conditions. The decision-making authority (i.e., City Council) must approve the amendments and required findings to justify the local amendments before they can be enforced. In no circumstance can a local amendment be less restrictive than State code.
Proposed Local Code Amendments
The action being considered is to formally adopt the 2025 CBSC along with one local administrative amendment. The proposed amendment is minor in scope, administrative in nature, and renews the City’s approach to utilizing a Construction Advisory Board of Appeals if a dispute ever arises concerning the application of the standard codes by the City’s Building Official. The local amendment also updates the members of the Construction Advisory Board of Appeals as set forth in Section 15.04.120 of the Murrieta Municipal Code. To the best of staff’sknowledge, no appeal has ever occurred, but it is still a best practice to have an appeals board made up of professionals in the field of building and safety to consider such appeals in the event one is ever filed.
The public hearing for the adoption of the updated codes will take place at the City Council meeting of November 18, 2025.
ENVIRONMENTAL DETERMINATION
The proposed project involves the adoption of the California Building Standards Code, with amendments as described in this staff report. The code amendments do not result in any physical changes to the environment, there is no possibility that the project may have a significant effect on the environment, and is therefore exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b) (3). Furthermore, the proposed project involves the adoption of State building codes and standards that are applied to ministerial permits. Pursuant to CEQA Guidelines Section 15300.1 and Section 21080 of the Public Resources Code, CEQA does not apply to those projects over which public agencies exercise only ministerial authority.
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FISCAL IMPACT
None.
ATTACHMENTS
1. Proposed Ordinance No. 625-25
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01375.0027 2048034.1 1
ORDINANCE NO. 625-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, ADOPTING THE 2025 CALIFORNIA BUILDING
STANDARDS CODE
Summary: This ordinance amends portions of Title 15 of the City of Murrieta Municipal Code, by adopting the 2025 California Building Standards Code.
WHEREAS, every three years the State of California repeals and adopts administrative regulations to the California Code of Regulations, Title 24, also referred to as the California Building Standards Code; and
WHEREAS, pursuant to Health and Safety Code sections 17958, 17958.5, 17958.7, and 18941.5 the City of Murrieta may adopt the 2025 California Building Standards Code; and
WHEREAS, Health and Safety Code Section 17958.7 authorize the City to make amendments to said codes on the basis of local climatic, geological, or topographical conditions existing in the City; and
WHEREAS, pursuant to section 17958 of the California Health and Safety Code, the California Building Standards Code shall become effective in the City 180 days after publication by the California Building Standards Commission; and
WHEREAS, the California Building Standards Commission published the 2025 California Building Standards Code on July 1, 2025, with an effective date of January 1, 2026; and
WHEREAS, the California Building Standards Code and local amendments are adopted for the protection of the public health and safety; and
WHEREAS, this Ordinance is categorically exempt from environmental review, per the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended, 14 California Code of Regulations Section 15061(b)(3).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City of Murrieta hereby adopts the 2025 California State Building Standards Codes, including in their entirety the Administrative Provisions of the 2025 California Building Code, the 2025 California Building Code (Title 24, Part 2), 2025 California Residential Code (Title 24, Part 2.5), 2025 California Plumbing Code (Title 24, Part 5), 2025 California Mechanical Code (Title 24, Part 4), 2025 California Electrical Code (Title 24, Part 3), 2025 California Energy Code (Title 24, Part 6), 2025 California Historical Building Code (Title 24, Part 8), 2025 California Existing Building Code (Title 24, Part 10),and the 2025 California Green Building Standards Code (Title 24, Part 11).
SECTION 2. Section 15.02.010 of the Murrieta Municipal Code is replaced, in its entirety, to read as follows:
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01375.0027 2048034.1 2
“15.02.010 Adoption of the administrative provisions of the 2025 California Building Code.
Chapter 1, Division II of the California Building Code is not part of the 2025 California Building Standards Code but may be adopted by a local jurisdiction. The City of Murrieta hereby adopts Chapter 1, Division II of the 2025 California Building Code and modifies, adds and deletes sections where necessary to carry out the intent and purpose of this chapter. The adopted portions and the City's modifications, additions and deletions, shall be used to administer and enforce the California Building Standards Codes within the City of Murrieta.”
SECTION 3. Section 15.04.060 of the Murrieta Municipal Code is hereby replaced in its entirety to read as follows:
“One copy of each code adopted by this title shall be made available for public reference. Such reference materials may be provided in either digital or printed format.” SECTION 4. Section 15.04.120 of the Murrieta Municipal Code is hereby replaced in its entirety to read as follows:
“15.04.120 Building Construction Advisory Board of Appeals Created. Section 113 Board of Appeals of the 2025 California Building Code is amended by adding new paragraphs to Section 113 Board of Appeals to read as follows:
A . A person may appeal an order, decision or determination made by the Building Official that relates to the application or interpretation of this chapter by filing a written appeal to the Building Construction Advisory Board of Appeals within 30 days of the Building Official's decision.
B. This section establishes a Building Construction Advisory Board of Appeals (BCA Board) consisting of five members. The Building Industry Association of Riverside County shall appoint one member and one alternate. The Presidents of the local Chapters of the International Code Council (Coachella Valley ICC, Foothill ICC, and San Diego ICC) shall, acting jointly, appoint two members and one alternate. One member shall be a California licensed architect, civil engineer, or structural engineer. The Director of the City of Murrieta Development Services Department shall appoint one member with one alternate. Three members shall constitute a quorum for the transaction of business, and three affirmative votes shall be necessary to render a decision. The City of Murrieta Development Services Department appointee shall act as the secretary of the BCA Board.
The BCA Board shall adopt reasonable rules and regulations for conducting its review and shall render decisions and findings in writing to the Director of Development Services, with a copy to the appellant. The BCA Board shall make a recommendation to the Director of Development Services, advising whether the decision appealed should be upheld or modified. The Director of Development Services shall consider the BCA Board's recommendation and provide a final decision in writing to the appellant within fifteen (15) days of receipt of the BCA Board's recommendation.
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C. A person appealing to the Building Construction Advisory Board of Appeals shall pay an appeal fee pursuant to the fee schedule approved by the City Council.”
SECTION 5. Section 15.08.010 of the Murrieta Municipal Code is hereby replaced in its entirety to read as follows:
“15.08.010 – Building Code adopted. The California Building Code, 2025 Edition (Title 24, Part 2), is hereby adopted and made part of this title by reference.”
SECTION 6. Section 15.08.015 of the Murrieta Municipal Code is hereby replaced in its entirety to read as follows:
“15.08.015 – Residential Code adopted. The California Residential Code, 2025 Edition (Title 24, Part 2.5), is hereby adopted and made part of this title by reference.”
SECTION 7. Section 15.16.010 of the Murrieta Municipal Code is hereby replaced in its entirety to read as follows:
“15.16.010 – Plumbing Code adopted. The California Plumbing Code, 2025 Edition (Title 24, Part 5), is hereby adopted and made part of this title by reference.”
SECTION 8. Section 15.20.010 of the Murrieta Municipal Code is hereby replaced in its entirety to read as follows:
“15.20.010 – Mechanical Code adopted. The California Mechanical Code, 2025 Edition (Title 24, Part 4), is hereby adopted and made part of this title by reference.”
SECTION 9. Section 15.40.010 of the Murrieta Municipal Code is hereby replaced in its entirety to read as follows:
“15.40.010 – Electrical Code adopted. The California Electrical Code, 2025 Edition (Title 24, Part 3), is hereby adopted and made part of this title by reference.”
SECTION 10. Section 15.43.010 of the Murrieta Municipal Code is hereby replaced in its entirety to read as follows:
“15.43.010 – Energy Code adopted. The California Energy Code, 2025 Edition (Title 24, Part 6), is hereby adopted and made part of this title by reference.”
SECTION 11. Section 15.45.010 of the Murrieta Municipal Code is hereby replaced in its entirety to read as follows:
“15.45.010 – Historical Building Code adopted. The California Historical Building Code, 2025 Edition (Title 24, Part 8), is hereby adopted and made part of this title by reference.”
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SECTION 12. Section 15.46.010 of the Murrieta Municipal Code is hereby replaced in its entirety to read as follows:
“15.46.010 – Existing Building Code adopted. The California Existing Building Code, 2025 Edition (Title 24, Part 10), is hereby adopted and made part of this title by reference.”
SECTION 13. Section 15.047.010 of the Murrieta Municipal Code is hereby replaced in its entirety to read as follows:
“15.47.010 – Green Building Standards Code adopted. The California Green Building Standards Code, 2025 Edition (Title 24, Part 11), is hereby adopted and made part of this title by reference.”
SECTION 14. The City Council hereby finds and determines that the adoption of this ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to section 15061(b)(3) of the State Guidelines implementing CEQA.
SECTION 15. This ordinance shall take effect on January 1, 2026.
SECTION 16. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable.
SECTION 17. The City Clerk shall certify to the adoption of this ordinance and shall publish a summary of this Ordinance and post a certified copy of the full ordinance in the office of the City Clerk at least five (5) days prior to the adoption of the proposed ordinance; and within fifteen (15) days after adoption of the ordinance, the City Clerk shall publish a summary of the ordinance with the names of the council members voting for and against the ordinance.
PASSED AND ADOPTED this ___ day of ________, 2025.
Cindy Warren, Mayor
ATTEST:
Cristal McDonald, City Clerk
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01375.0027 2048034.1 5
APPROVED AS TO FORM:
Tiffany J. 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 Ordinance No. 625-25 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___th day of _______, 2025, 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
I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 625-25 was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):
Adopted Ordinance: , 2025.
In witness whereof, I have hereunto subscribed to my name this __ day of ______________, 2025.
Cristal McDonald, City Clerk
258
CITY OF MURRIETA
City Council Meeting Agenda
Report
11/4/2025
Agenda Item No. 10.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Doug Strosnider, Fire Marshal
PREPARED BY: Elizabeth Ellis, Administrative Assistant
SUBJECT:
First Reading of the 2025 Fire Code and the California Wildland Urban Interface Code
RECOMMENDATION
Introduce and conduct the first reading of Ordinance No. 626-25 entitled: An Ordinance of the City Council of the City of Murrieta, California, Adopting the California Fire Code, 2025 Edition, Based on the 2024 International Fire Code Including Local Amendments and Additions; Introduce and conduct the first reading of Ordinance No. 627-25 entitled: An Ordinance of the City Council, Adopting the 2025 California Wildland-Urban Interface Code, Based on the 2024 International Wildland-Urban Interface Code, Including Local Amendments and Additions; and Schedule a public hearing to conduct the second reading of Ordinance Nos. 626-25 and 627-25 for the November 18, 2025 City Council Meeting.
PRIOR ACTION/VOTE
On November 15, 2022, the City Council conducted the first reading of Ordinance No. 584-22 adopting the California Fire Code 2022 Edition (Vote: 4-0-1).
STRATEGIC ALIGNMENT
Provide a high level of innovative public safety.
BACKGROUND
The California Building Standards Code is published every three years and amends the California Code of Regulations Title 24. These Codes are commonly referred to as Building, Residential, Fire, Plumbing, Mechanical, Electrical, Green and Energy Codes. The 2025 Edition of the California Fire Code, Part 9 of Title 24 of the California Code of Regulations automatically becomes effective statewide on January 1, 2026. State law permits local jurisdictions to make modifications, referred to as “localamendments”,that may be more, but in no event less, restrictive than the requirements adopted by the State. To incorporate local amendments, CITY OF MURRIETA Printed on 10/30/2025Page 1 of 2
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in no event less, restrictive than the requirements adopted by the State. To incorporate local amendments, jurisdictions must make findings that the local amendments are reasonably necessary due to local climatic, geological, or topographical conditions.
Pursuant to AB 130, which became effective June 30, 2025, a six-year moratorium on local amendments prohibits cities and counties from making changes that are applicable to residential units. This excludes changes or modifications that are substantially equivalent to changes or modifications that were previously filed and effective prior to September 30, 2025.
At the City Council’smeeting on November 4, 2025, Murrieta Fire and Rescue (MFR) is recommending that the City Council adopt the 2025 California Fire Code, along with the local amendments. These local amendments consist of the re-adoption of regulations previously approved and effective January 1, 2023, together with new modifications pertaining to the following topics:
· Amendments to clarify code language, section numbers and verbiage to meet minimum code and standard requirements;
· Definitions;
· Amending the standards for outdoor fireplaces and similar devices; · Amending the code regarding the MFR’s migration to the enhanced radio communication system to align with Public Safety Enterprise Communication (PSEC) requirements; and · Amending fire water flow requirements for projects located in High or Very High Fire Severity Zones.
MFR also recommends adoption of the newly established 2025 California Wildland-Urban Interface code, comprised of Chapter 49 of the 2022 California Fire Code, and Chapter 7A of the 2022 California Building Code. This code will designate fire safety regulations for properties located in the High and Very High Fire Hazard Severity Zones as determined by the State of California. The severity zones are reflected in maps adopted by the City Council, which became effective on July 4, 2025.
FISCAL IMPACT
Adoption of the 2025 Fire Code and the California Wildland Urban Interface Code with the proposed local amendments has no fiscal impact on the City, as permit and plan check fees are collected to cover the cost of review and inspections of applicable projects.
ATTACHMENTS
1. Ordinance No. 626-25
2. Ordinance No. 627-25
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01375.0025 2057449.1
ORDINANCE NO. 626-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, ADOPTING THE CALIFORNIA FIRE CODE, 2025 EDITION, BASED ON THE 2024 INTERNATIONAL FIRE CODE INCLUDING LOCAL
AMENDMENTS AND ADDITIONS
Summary: This ordinance will adopt the 2025 California Fire Code including local amendments and an exemption from CEQA.
WHEREAS, every three years the State of California adopts a new California Building Standards Code which includes a new California Fire Code; and,
WHEREAS, the State of California has adopted the 2025 California Fire Code based on the 2024 International Fire Code published by the International Code Council, hereinafter referred to collectively as the Fire Code; and,
WHEREAS, Health & Safety Code Section 17958 permits the City of Murrieta to make such changes or modifications to the Fire Code as are reasonably necessary because of local conditions; and,
WHEREAS, Health & Safety Code Section 17958.7 requires that the City of Murrieta, before making any changes or modifications to the Fire Code, make express findings that such changes or modifications are needed due to local climatic, geological, or topographical conditions; and,
WHEREAS, the City Council of the City of Murrieta does hereby find that the City has certain climatic, geological, and topographical features that can have a deleterious effect on emergency services such as fire protection and emergency medical services; and,
WHEREAS, the City Council of the City of Murrieta finds that the modifications and changes to the Fire Code are reasonably necessary because of the local climatic, geological, and topographical conditions set forth herein as identified below; and,
WHEREAS, in accordance with AB 130, the following changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City of Murrieta in Ordinance 584-22 adopted December 17th, 2022, and effective prior to September 30, 2025; and,
WHEREAS, Sections 50022.1 through 50022.10, inclusive, of the Government Code and Section 17922 of the Health & Safety Code, provide authority for the adoption by reference of codes, or portion of such codes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. MUNICIPAL CODE REPEAL AND REPLACE
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Chapter 15.24 of the Murrieta Municipal Code is hereby repealed in its entirety and replaced with a new Chapter 15.24 as found in Exhibit A attached hereto and incorporated herein as if set forth in full.
SECTION 2. LOCAL AMENDMENT FINDINGS
The City Council of the City of Murrieta finds that the modifications and changes to the Fire Code are reasonably necessary because of the local climatic, geological, and topographical conditions set forth herein.
A. Climate Considerations
1. The City of Murrieta located in Riverside County is located in Southern California and covers a vast and varied geographic area. The base climate in western Riverside County consists of semiarid Mediterranean weather patterns. Eastern Riverside County is a desert area with Mohave Desert temperatures and weather patterns. Those two primary areas are divided by the San Bernardino Mountain Range. Both areas outside of the mountain terrain annually experience extended periods of high temperatures with little or no precipitation. Hot, dry winds, which may reach speeds of 70 m.p.h. or greater, are common to the area. Examples are: Santa Ana/Foehn winds, afternoon surface-heating generated winds, and prevailing desert winds.
These climatic conditions cause extreme drying of vegetation and common building materials.
Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration) which necessitates rapid identification, locating and extinguishment of all fires in the smallest stage possible. In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County.
Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, will greatly impact the response time to reach an incident scene. During these winds, the inability to use aerial type firefighting apparatus would further decrease our ability to stop fires in large buildings and place rescue personnel at increased risk of injury.
2. Although Riverside County and the City of Murrieta occasionally experiences periods of significant drought, the County can also experience periods of substantial rainfall. Annual rainfall varying from three inches in Blythe to over 33 inches in Pine Cove. When Riverside County does experience heavy rain, or rain over a period of days or weeks, many areas of the County are subject to flooding. Runoff from rain drains either naturally into rivers, washes, and creeks or into flood control facilities. Flash flooding is also a common problem, especially in the Coachella Valley and the easterly portions of the County. Flash flooding is typically associated with short duration, high intensity precipitation events often associated with summer thunderstorms. Such events can occur even during a drought.
3. Water demand in densely populated Southern California far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage 262
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capacities and consumption, and a limited amount of rainfall, future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire.
4. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features such as identification and notification will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.
B. Topographic Considerations
1. Natural. The topographical conditions of Riverside County vary from 300 feet below sea- level, flat desert communities, to mountains over 10,000 feet in Alpine-like areas of the San Bernardino Mountain Range. In between these areas, developable slopes of 25 percent and greater generally occur throughout the foothills. Riverside County extends from Orange County to the State of Arizona and is mixed with congested urban areas, rural lands and wild lands. A large number of sensitive habitats for various animal species and vegetation consist within large open space areas between major urban centers that impact building and structure location, which impedes emergency access and response. This variety in regions contributes to an increased emergency response time, which necessitates cooperation between local agencies.
2. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Riverside County and within the City of Murrieta.
3. These topographical conditions combine to create a situation, which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on• site fire- extinguishing systems and other protection measures to protect occupants and property.
C. Geographic Considerations
1. Located within Riverside County and in the City of Murrieta are several known active and potentially active earthquake faults, including the San Andreas, San Jacinto, and Elsinore Fault. In the event of an earthquake, the location of the epicenter as well as the time of day and season of the year would have a profound effect on the number of deaths and casualties, as well as property damage.
2. The major form of direct damage from most earthquakes is damage to construction.
Bridges are particularly vulnerable to collapse, and dam failure may generate major downstream flooding. Buildings vary in susceptibility, dependent upon construction and the types of soils on which they are built. Earthquakes destroy power and telephone lines; gas, sewer, or water mains; which, in tum, may set off fires and/or hinder firefighting or rescue efforts. The hazard of earthquakes varies from place to place, dependent upon the regional and local geology. Ground 263
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shaking may occur in areas 65 miles or more from the epicenter (the point on the ground surface above the focus). Ground shaking can change the mechanical properties of some fine grained, saturated soils, where upon they liquefy and act as a fluid (liquefaction).
Previous earthquakes in southern California have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings.
3. Road circulation features located throughout the County and the City of Murrieta also make amendments reasonably necessary. Located through the County and the City of Murrieta are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Murrieta that naturally have extended emergency response times that exceed the five- minute goal.
The table below details amendments to specific Sections of the 2025 California Fire Code and the applicable Finding for each.
Amendment Finding Amendment Finding
101.1 Administrative 508.1 B2, B3, C2, C3
102.13 Administrative 508.1.3 B2, B3, C2, C3
103.1 Administrative 510.1 B2, B3, C2, C3
108.2 Administrative 510.4.2.3 B1, B2, B3
108.4.1 Administrative 510.6 B1, B2, B3
108.7 Administrative 510.6.5 B1, B2, B3
108.8 Administrative 510.6.5.1-510.6.5.4 B1, B2, B3
108.9 Administrative 901.6.3 B3, C3, C4
110.3.1 Administrative 903.2 B3, C3, C4
112.1,112.2,112.3,112.4 Administrative 903.2.10, 903.2.10.1 B3, C3, C4 113.4 Administrative 903.3.5.3 B3, C3, C4
Definitions 202 Administrative 903.4 B3, C3, C4
304.1.3 A1, A2, A4, B3 907.1.6 B3, C3, C4
307.1.1 A1, A2, A4, B3 907.5.1 B3, C3, C4
307.6 A1, A2, A4, B3 914.12 – 914.12.8.5 B3, C3, C4
307.6.1 A1, A2, A4, B3 1205.2 B2, B3
307.6.2 A1, A2, A4, B3 3307.2 B2, B3
307.6.3 A1, A2, A4, B3 5601.3.2 & 5601.3.3 A1, A2, A4
408 Administrative 5608.2 A1, A2, A4
501.1 Administrative 5614 A1, A2, A4
503.1 Administrative 5707.1 A1, A2, A4
503.1.2 Administrative Chapter 80 A1, A2, A4
503.2.1 Administrative Table B105.1(1) A1, A2, A4
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503.2.3 Administrative Table B105.2 A1, A2, A4
503.6.1 A4, B2, B3 B105.4 A1, A2, A3, A4
505.1 B2, B4
SECTION 3. FIRE CODE ADOPTION
The City Council of the City of Murrieta hereby adopts as the Fire Code for the City of Murrieta Fire the 2025 California Fire Code based on the 2024 International Fire Code. In addition, the following provisions that are excluded in the 2025 California Fire Code are hereby adopted - Chapter 1, Division II, Chapters 3, 25, and Sections 503, 510.2, 1103.2 and Appendices A, C, H, I, N, O and P are adopted together with the City's amendments as set forth in this ordinance.
This Fire Code is adopted for the protection of public health and safety. It includes definitions, provisions for the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings, requirements for permits and inspection for installing or altering systems, regulations for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, equipment use and maintenance of buildings and structures, including the installation, alteration or repair of new and existing fire protection systems and their inspection and provides penalties for violation of this code. Each and all of the regulations, provisions, penalties, conditions and terms of the Murrieta Municipal Code on file in the office of the Murrieta Fire Protection District are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Exhibit "A" of this ordinance.
SECTION 4. CEQA
This ordinance is exempt from the California Environmental Quality Act (“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. Where, as 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.
SECTION 5. SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. NOTICE OF ADOPTION
The City Clerk shall certify to the adoption of this ordinance and shall publish a summary of this 265
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Ordinance and post a certified copy of the full ordinance in the office of the City Clerk at least five (5) days prior to the adoption of the proposed ordinance; and within fifteen (15) days after adoption of the ordinance, the City Clerk shall publish a summary of the ordinance with the names of the council members voting for and against the ordinance.
SECTION 7. EFFECTIVE DATE
This Ordinance shall become effective on January 1, 2026.
PASSED AND ADOPTED this ___th day of ______________, 2025.
___________________________
Cindy Warren, Mayor
ATTEST:
________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
________________________
Tiffany Israel, City Attorney
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Ordinance No. 626-25 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___th day of ______________, 2025, 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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I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 626-25 was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):
Adopted Ordinance: , 2025.
In witness whereof, I have hereunto subscribed my name this _ ,
Cristal McDonald, City Clerk
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EXHIBIT “A”
15.24.010 Adoption of the Fire Code. The City of Murrieta adopts as the Fire Code for the City of Murrieta Fire & Rescue the following: the 2025 California Fire Code based on the 2024 International Fire Code. In addition, the following provisions that are excluded in the 2025 California Fire Code are hereby adopted - Chapter 1, Division II, Chapters 3, 25, and Sections 503, 510.2, 1103.2, and Appendices A, C, H, I, N, O and P are adopted together with the City's amendments as set forth in this ordinance. The California Fire Code and its appendix chapters will be on file for public examination in the offices of the Fire Marshal, Building Official, and the City Clerk’s office.
15.24.020 Section 101.1 Amended– Title. These regulations shall be known as the Fire Code of the City of Murrieta, hereinafter referred to as the Fire Code.
15.24.030 Section 102.13 Added – Repeal of Conflicting Ordinances, Resolutions, or Motions.
All former ordinances, resolutions, or motions or parts thereof, conflicting or inconsistent with the provisions of this chapter are repealed.
15.24.040 Section 103.1 Amended – Creation of an Agency. The City of Murrieta / Murrieta Fire & Rescue is hereby created and the official in charge therefore shall be known as the fire code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.
15.24.050 Section 108.2 A m e n d e d - Schedule of Permit Fees. Fees for services and operational permits shall be as set forth in the City of Murrieta fee schedule.
15.24.060 Section 108.4.1 Added - Fees for Working or Performing Without Necessary Permits. A person who commences any construction work regulated by the Fire Code within the City before first obtaining necessary construction permits may be fined as follows:
1. First offense is double fees for each building or permit required to be issued that is in violation, and a complaint is filed to the Contractors State License Board.
2. Second offense is double fees as indicated in item 1 above plus a $500.00 fine and a complaint filed to the Contractors State License Board.
3. Third offense is double fees as indicated in item 1 above plus a $1000.00 fine and a complaint filed to the Contractors State License Board.
4. Fourth or subsequent violations will result in a misdemeanor citation and/or additional legal action for failing to comply with the requirements of the Fire Code.
15.24.070 Section 108.7 Added - Cost Recovery. The purpose of this section is to establish authority to obtain reimbursement from responsible individuals for the expense of any emergency response and/or enforcement action by the Fire Department to protect the public from criminal or negligent activities, and from fire or hazardous substances.
15.24.080 Section 108.8 Added - Reimbursement Required. In accordance with Safety Code Section 13000 et. Seq., an individual who acts negligently or in violation of the law thereby requires an emergency response to a danger posed by a fire or hazardous substance shall be liable 268
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for reimbursement to the Fire Department for the costs incurred. In accordance with Government Code Section 53150 through 53158, any individual who is under the influence of an alcoholic beverage or any drug or the combined influence of an alcoholic beverage and drug, and whose negligent operation of a motor vehicle, boat or vessel or civil aircraft caused by that influence proximately cause any incident and thereby requires an emergency response shall reimburse the Fire Department for those costs incurred.
15.24.090 Section 108.9 Added - Expense Recovery. The fire code official may impose a fee for recovery of expenses incurred to enforce the provisions of the Fire Code including approved third-party billing.
15.24.100 Section 110.3.1 Added - Electronic Recordkeeping. The fire code official can require the forms for maintenance inspections of fire protection systems to be filed in electronic format as prescribed by the fire code official.
15.24.110 Sections 112.1, 112.2, 112.3 & 112.4 of the California Fire Code are deleted in their entirety and replaced with:
Section 112.1 Board of Appeals Established. In order to hear, and decide appeals of orders, decisions, or determinations made by the fire code official relative to the application and interpretation of the fire code, there shall be and is hereby created a board of appeals. After all "in-house" efforts (including a review and determination in writing by the Fire Chief) have failed to achieve resolution, a board of appeals shall be appointed on an as-needed basis by the Murrieta City Manager and shall hold office at their pleasure. The fire code official shall be an ex officio member of said board but shall not have a vote on any matter before the board.
The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the City Manager and fire code official.
Section 112.2 Limitations of Authority. An app lication for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The board shall not have the authority to waive the requirements of this code.
Section 112.3 Qualifications. The board of appeals shall consist of three or five members who are qualified by experience and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions, or fire protection systems and are not public officials or employees of the City of Murrieta.
Section 112.4 Administration The fire code official shall take immediate action in accordance with the decision of the board of appeals.
15.24.120 Section 113.4 Amended - Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of 269
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a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 180 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
15.24.130 Section 202 Added - General Definitions
ALL-WEATHER SURFACE. A road surface of asphalt, concrete, or approved pavers, or an engineered surface (such as decomposed granite compacted to 95%) capable of supporting an 80,000-pound fire apparatus in all weather conditions.
FLOW-LINE. The lowest continuous elevation on a curb is defined by the path traced by a particle in a moving body of water at the bottom of the rolled curb.
FUEL MODIFICATION ZONE. A strip of land where combustible vegetation has been thinned or modified or both and partially or totally replaced with approved fire- resistant and/or irrigated plants to provide an acceptable level of risk from vegetation fires. Fuel modification reduces the radiant and convective heat on a structure and provides valuable defensible space for firefighters to make an effective stand against an approaching fire front.
MID-RISE BUILDING. A building five or more stories high, but not exceeding 75 feet in height, and not defined as a high-rise building by Section 202 of the California Building Code. Measurements shall be made from the underside of the roof or floor above the topmost space that may be occupied to the lowest fire apparatus access road level.
JURISDICTION. The City of Murrieta and/or Murrieta Fire & Rescue.
15.24.140 Section 304.1.3 Amended - Vegetation. Weeds, grass, vines, or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in urban-wildland interface areas shall be in accordance with 2025 California Wildland-Urban Interface Code (Title 24 Part 7) and the City of Murrieta Municipal Code.
15.24.150 Section 307.1.1 Amended - Prohibited Open Burning. Open burning shall be prohibited within the jurisdictional boundaries of the City of Murrieta.
15.24.160 Section 307.6 Added - Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices shall comply with this section. Exception: Barbeques, grills, and other portable devices intended solely for cooking
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15.24.170 Section 307.6.1 Added - Gas Fueled Devices. Outdoor fireplaces, fire pits, and similar devices fueled by natural gas or liquefied petroleum gas are allowed when approved by the Building and Fire Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At one-and two-family dwelling units, combustible construction and flammable vegetation shall not be located within three feet of gas-fueled devices. At all other Group R occupancies, the minimum distance to combustible construction and flammable vegetation shall be 20 feet. Where chimneys or vents are installed, they shall have an approved spark arrester as defined in California Mechanical Code, Section 221.
15.24.180 Section 307.6.2 Added - Where Prohibited. The burning of wood and other solid fuels shall not be conducted within a Very high or high fire hazard severity zone.
Exception: Approved outdoor permanent fireplaces.
15.24.190 Section 307.6.3 Added - Outdoor Fireplaces Utilizing Wood or Solid-fuels.
Permanent outdoor fireplaces, not located within a High or Very High Fire Hazard Severity Zones, that burn wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks Chimneys shall have an approved spark arrester as defined in California Mechanical Code, Section 221.
15.24.200 Section 408 Added - Automated External Defibrillators. This Section applies to all of the following structures, as defined in Chapter 3 of Part 2, The California Building Code, of Title 24, the California Building Standards Code, of the California Code of Regulations, that are constructed on or after January 1, 2017. (A) Group A assembly buildings with an occupant load of 300 or more. (B) Group B business buildings with an occupant load of 200 or more. (C) Group E educational buildings with an occupant load of 200 or more.
(D) Group F factory buildings with an occupant load of 200 or more. (E) Group I institutional buildings with an occupant load of 200 or more. (F) Group M mercantile buildings with an occupant load of 200 or more. (G) Group R residential buildings with an occupant load of 200 or more, excluding single-family dwelling units.
(1) A structure described in subdivision (A) that is an occupied structure shall have an automated external defibrillator (AED) on the premises subject to the requirements in Section 1797.196. A person or entity that acquires an AED for emergency care pursuant to this section shall not be liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED if that person or entity has complied with subdivision (b) of Section 1797.196 271
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(2) This chapter shall not apply to a structure in subdivision (A) that is owned or operated by any local government entity. (3) This chapter shall not apply to a health facility licensed under subdivisions (a), (b), (c), or (f) of Section 1250 of the Health and Safety Code. (4) This chapter shall not be construed to apply to a structure that is vacant or under construction or renovation.
15.24.210 Section 501.1 Amended – Scope. Fire service features for buildings, structures, and premises shall comply with this chapter. All features shall be in accordance with this code, national standards, the Murrieta Fire & Rescue Guidelines for Fire Department Access & Water Requirements for Commercial & Residential Development, and the Murrieta Fire & Rescue Guideline for the Installation of Private Fire Service Mains and Their Appurtenances.
15.24.220 Section 503 Amended – Fire Apparatus Access Roads
15.24.230 Section 503.1 Amended - Where required. Fire apparatus access roads, including private residential driveways, shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from the closest point of an approved fire department vehicle access.
Fire apparatus access roads, except private residential driveways, shall be provided and maintained for the purposes of rapid and reliable fire apparatus access and for unobstructed traffic circulation for evacuation or relocation of civilians during a wildfire or other emergency. Fire apparatus access roads shall be provided and maintained in compliance with this section and the most recent edition and any amendments thereto, of public and private road standards as adopted by the City of Murrieta. The fire code official may modify the requirements of this section if the modification provides equivalent access.
15.24.240 Section 503.1.2 Amended - Additional access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of t h e terrain, climatic conditions, or other factors that could limit access. When additional fire apparatus access roads are required, the additional fire apparatus access road must be remote from the primary fire apparatus access road and be approved by the fire code official.
15.24.250 Section 503.2.1 Amended - Dimensions. The dimensions of fire apparatus access roads shall be in accordance with the following:
(a) The width of an approved fire apparatus access road is measured flowline to flowline. All fire apparatus access roads shall have and maintain an unobstructed vertical clearance of not less than 13 feet 6 inches.
Fire apparatus access roads shall have an unobstructed improved width of not less than 24 feet, except for single-family residential driveways serving no more than two single-family dwellings, which shall have a minimum of 14 feet of unobstructed improved width. Any of the following, which have separated lanes of one-way traffic: gated entrances with card 272
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readers, guard stations, or center medians, are allowed, provided that each lane is not less than 16 feet wide.
(b) Fire apparatus access roads serving multi-family structures shall have an unobstructed improved width of not less than 24 feet. The fire code official may require additional access road improvements, including 26 feet of roadway width when necessary to accommodate an Aerial Fire Apparatus.
(c) Fire apparatus access roads serving commercial, industrial, or buildings greater than two stories shall have an unobstructed improved width of not less than 26 feet to accommodate an Aerial Fire Apparatus. The fire code official may require additional access road improvements necessary to accommodate an Aerial Fire Apparatus.
15.24.260 Section 503.2.3 Amend ed - Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus at 80,000 pounds and shall be hard-surfaced, paved, or concrete and suitable for fire apparatus. Pervious pavers may be used when designed, installed, and maintained to hold the imposed loads of fire apparatus at 80,000 pounds and are approved by the fire code official. In rural areas, all-weather surfaces may be utilized for fire apparatus access roads where slopes permit. All-weather surfaces must be maintained to engineered standards, failure to do so will result in violations as outlined in 15.24.120.
15.24.270 Section 503.6.1 Added - Automatic opener. New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicles.
15.24.280 Section 505.1 Amended - Address numbers. Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations, plainly visible and legible from the street or roadway fronting the property when approaching from either direction. All commercial addressing shall be illuminated to be visible from the street at all hours. Single-family residential numbers shall contrast with their background and shall meet the following minimum size standards: 4" high with a ½” stroke. For buildings up to 25 feet in height, address numbers shall be a minimum of 12” high with a minimum 2” stroke.
For building(s) exceeding 25 feet in height, address numbers shall be a minimum of 24” in height with a minimum 4” stroke and be placed on all sides of a structure. All address identification characters shall contrast with their background. Numbers shall not be spelled out. Additional numbers shall be required where deemed necessary by the fire code official, such as rear access doors, building corners, and entrances to commercial centers. Where access is by means of a private road and the building cannot be viewed from the public way, an approved monument, pole, or other approved sign or means shall be used to identify the structure. Address identification shall be maintained.
15.24.290 Section 508.1 Amended – General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, and mid- rise buildings as defined and Group I-2 Occupancies having occupied floors located more than 55 feet above the lowest level of fire department vehicle access and in all F-1 and S-1 Occupancies with a building footprint greater than 300,000 square feet, a fire command center 273
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for fire department operations shall be provided and comply with Sections 508.1.1 through 508.1.8.
15.24.300 Section 508.1.3 Amended – Size. The fire command center shall be not less than
0.015 percent of the total building area of the facility served or 200 square feet in area, whichever is greater, with a minimum dimension of 0.7 times the square root of the room area or 10 feet, whichever is greater.
Where a fire command center is required for a group F-1, and S-1 Occupancies with a b u i l d i n g footprint greater than 300,000 square feet, the fire command center shall have a minimum size of 96 square feet with a minimum dimension of 8 feet, where approved by the fire code official.
15.24.310 Section 510.1 Amended - Emergency Responder Communication Coverage in New and Existing Buildings. Approved in -building emergency responder communications enhancement systems (ERCES) for emergency responders shall be provided in all new and existing buildings as determined by the fire code official. The ERCES, where required, shall be provided in accordance with Murrieta Fire & Rescue and Police Departments policies and guidelines.
15.24.320 Section 510. 4.2.3 Amended - Standby Power. In-building emergency responder communications enhancement shall be provided with dedicated standby batteries or provided with 2 -hour standby batteries and connected to the facility generator power system in accordance with Sections 1203. The standby power supply shall be capable of operating in - building emergency responder communications enhancement systems at 100 -percent system capacity for a duration of not less than 24 hours.
15.24.330 Section 510.6 Amended - Maintenance. The in -building emergency responder communications enhancement system shall be maintained operational at all times in accordance with sections 510.6.1 through 510.6.5.
15.24.340 Section 510.6.5 Added - Signal Interference Mitigation. ERCES shall be installed and maintained so as not to cause harmful interference to the Public Safety Enterprise Communications (PSEC) within or beyond the building or structure served.
15.24.350 Section 510.6.5.1 Added - Automatic Shutdown. ERCES shall be equipped with automatic detection and shutdown features that deactivate amplification components upon occurrence of oscillation, feedback, or over -amplification. Automatic shutdown shall occur when system operation causes disruption or degradation of th e Public Safety Enterprise Communications (PSEC).
15.24.360 Section 510.6.5.2 Added - Automatic Shutdown Supervision. Upon activation of the shutdown function, a supervisory signal shall be transmitted to the fire alarm control unit and to a constantly attended location as required by the fire code official. 274
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15.24.370 Section 510.6.5.3 Added - Restoration of Service. Following an automatic shutdown, corrective action shall be performed by qualified personnel prior to system reset.
ERCES shall not be ret urned to service until testing has verified that operation does not cause interference with the Public Safety Enterprise Communications (PSEC).
15.24.380 Section 510.6.5.4 Added - Prohibition. ERCES shall not be permitted to operate in any manner that degrades or impairs emergency communications as determined by Public Safety Enterprise Communications (PSEC).
15.24.390 Section 901.6.3. Amended - Records. Records of all system inspections, tests, and maintenance required by referenced standards shall be submitted and maintained in the required format and electronically as required by the fire code official.
15.24.400 Section 903.2 Amended - Where required. Approved automatic sprinkler systems, regardless of the occupancy classification, shall be provided throughout new buildings and structures which are 3,600 square feet or greater in size or more than two stories in height.
Exception: Group R, occupancies shall comply with sections 903.2.8
1. Regardless of the occupancy classification. Where Sections 903.2.1 - 903.2.21 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.
2. The elimination of sprinkler protection in the following areas is subject to approval by the Fire Code Official. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries, and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by fire barriers consisting of not less than 1-hour fire-resistance-rated walls and 2-hour fire- resistance-rated floor/ ceiling assemblies.
Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:
1. Detached Group U occupancies used for agricultural or livestock purposes, less than 5,500 square feet, and having setback distances of 50 feet or more from the property line and other buildings.
2. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses.
3. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles, and dining areas with no cooking.
4. Detached Group U occupancy greenhouses less than 5,500 square feet.
5. Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted.
For development within the BP and Cl zoning districts or commercial or industrial 275
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buildings that are speculative in nature with no specific commodity or method of storage, the automatic fire protection system installed shall provide a minimum density coverage of
0.33/2,500 S.F. or as determined by the fire code official or their designee.
15.24.410 Section 903.2.10 Amended - Group S-2 Parking Garages. An automatic sprinkler system shall be provided throughout buildings classified as parking garages.
15.24.420 Section 903.2.10.1 Deleted - Commercial Parking Garages, is hereby deleted without replacement.
15.24.430 Section 903.3.5.3 Added - Hydraulically Calculated Systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity
15.24.440 Section 903.4 Amended - Sprinkler System Supervision and Alarms, is hereby amended by modifying item 2, deleting items 5 and 8, and renumbering the exceptions as follows:
Exceptions:
1. Automatic sprinkler systems protecting one- and two-family dwellings.
2. Limited area systems serving fewer than 20 sprinklers.
3. Automatic sprinkler systems are installed in accordance with NFPA 13R where the common supply main is used to supply both the domestic and automatic sprinkler system, and a separate shutoff valve for the automatic sprinkler system is not provided.
4. Jockey pump control valves that are sealed or locked in the open position.
5. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position.
6. Trim valves to pressure switches in dry, pre-action, and deluge sprinkler systems that are sealed or locked in the open position.
15.24.450 Section 907.1.6 Added - Fire alarm control panel (FACP). The main fire alarm control panel shall be located in the same room as and share the same access as the fire sprinkler riser. The FACP shall have a minimum of 36 inches of face clearance and 6 inches of side clearance from any other wall or equipment.
15.24.460 Section 907.5.1 Amended - Tenant Notification. Notification shall be provided to the occupants in single tenant and multi-tenant buildings, (including when a tenant improvement permit is required) a single audio/visual device shall be installed in each suite, in a constantly attended location, and shall annunciate upon the activation of any fire protection system.
14.24.470 Section 914.12 Added – Mid Rise Building
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15.24.480 Section 914.12.1 Added - General. A newly constructed mid-rise building shall comply with this section.
Exceptions:
1. Buildings used exclusively as an open parking garage.
2. Buildings where all floors above the fourth- floor level are used exclusively as an open parking garage.
3. Buildings such as a power plant, lookout tower, steeple, grain house, and other similar structures with intermittent human occupancy.
15.24.490 Section 914.12.2 Added - Automatic Fire Sprinkler Systems and Standpipes.
Mid-rise buildings shall be protected throughout by an automatic fire sprinkler system designed and installed in conformance with the latest edition of NFPA 13 and in accordance with the following:
1. A shut-off valve and a water flow alarm shall be provided for each floor. Each shut-off valve and water flow alarm shall be electronically supervised.
2. Mid-rise buildings shall be provided with a Class I
standpipe system that is interconnected with the automatic fire sprinkler system. The system shall consist of 2.5-inch hose valves located in each stair enclosure on every floor. Two hose outlets shall be located on the roof outside of each stair enclosure that penetrates the roof.
The standpipe system shall be designed, installed, and tested in accordance with the latest edition of NFPA 14.
3. Fire department standpipe connections and valves serving each floor shall be located in the vestibule and located in a manner so as not to obstruct egress when hose lines are connected and charged.
15.24.500 Section 914.12.3 Added - Smoke detection. Smoke detectors shall be provided in accordance with this section. Smoke detectors shall be connected to an automatic fire alarm system and shall be installed in accordance with the latest edition of NFPA 72. The actuation of any device required by this section shall operate the emergency voice alarm signal system and shall operate all equipment necessary to prevent the circulation of smoke through air returns and exhaust ductwork. Smoke detectors shall be located as follows:
1. In every mechanical equipment, electrical, transformer, telephone equipment, unmanned computer equipment, elevator machinery, or similar room and in all elevator lobbies. Elevator lobby detectors shall be connected to an alarm verification zone or be listed as a releasing device.
2. In the main return air and exhaust air plenum of each air conditioning system. The smoke detector shall be located in a serviceable area downstream of the last duct inlet.
3. At each connection to a vertical duct or riser serving no than 4 or 277
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more stories from a return air duct or plenum of an air conditioning system. In Group R, Division 1 and 2 occupancies, an approved smoke detector is allowed to be used in each return air riser carrying not more than 5,000 cubic feet per minute and not serving more than 10 air inlet openings.
4. For Group R, Division 1 and 2 occupancies, in all corridors serving as a means of egress for an occupant load of 10 or more persons.
15.24.510 Section 914.12. 4 Added - Fire alarm system. An approved and listed, automatic and manual, fully addressable, and electronically supervised fire alarm system shall be provided in accordance with the provisions of this code and NFPA 72.
15.24.520 Section 914.12. 5 Added - Emergency voice alarm signaling system. The operation of any automatic fire detector or water flow device shall automatically sound an alert tone followed by a pre-recorded voice instruction giving appropriate information and direction on a general or selective basis to the following terminal areas:
1. Elevators
2. Elevator lobbies
3. Corridors
4. Exit stairways
5. Rooms and tenant spaces
6. Dwelling units
7. Hotel guest rooms
8. Areas designated as safe refuge within the building
15.24.530 Section 914.12.6 Added - Fire Command Center. A fire command center for fire department operations shall be provided for mid-rise buildings, as defined in Section 202 of this ordinance, in accordance with Section 508.
15.24.540 Section 914.12.7 Added - Elevators. Elevators and elevator lobbies shall comply with Chapter 30 of the California Building Code. At least one elevator cab shall be assigned for fire department use and shall serve all floors of the building. This cab shall be provided large enough to accommodate an ambulance-type stretcher in accordance with section 3002.4 of the California Building Code.
15.24.550 Section 914.12.8 Added - Fire Department Communication System. An approved two-way fire department communication system designed and installed in accordance with the adopted edition of NFPA 72, shall be provided for fire department use per section 907.2.13.2.
15.24.560 Section 914.12.9 Added - Means of egress. In addition to the requirements of Chapter 10, egress components of mid-rise buildings shall comply with sections 914.12.8.1 through 914.12.8.5
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15.24.570 Section 914.12.9.1 Added - Extent of the enclosure. Stairway enclosures shall be continuous and shall fully enclose all portions of the stairway. Exit enclosures shall exit directly to the exterior of the building or include an exit passageway on the ground floor leading to the exterior of the building. Each exit enclosure shall extend completely through the roof and be provided with a door that leads onto the roof.
15.24.580 Section 914.12.9.2 Added - Pressurized enclosures and stairways. All required stairways and enclosures in a mid-rise building shall be pressurized as specified in Section 909. Pressurized stairways shall be designed to exhaust smoke manually.
15.24.590 Section 914.12.9.3 Added - Vestibules. Pressurized stairway enclosures serving a mid-rise building shall be provided with a pressurized entrance vestibule on each floor that complies with Section 909.
15.24.600 Section 914.12.9.4 Added - Pressure differences. The minimum pressure difference between a vestibule and adjacent areas shall comply with Section 909.
15.24.610 Section 914.12.9.5 Added -Locking of stairway doors. All stairway doors that are locked to prohibit access from the interior of the stairway shall have the capability of being unlocked simultaneously, without unlatching, upon a signal from the fire command center. Upon failure of normal electrical service or activation of any fire alarm, the locking mechanism shall automatically unlock
15.24.620 Section 1205.2 Amended - Access and Pathways.
Exception 3. Building-Integrated Photovoltaic (BIPV) systems where the BIPV systems are approved, integrated into the finished roof surface and are listed in accordance with a national test standard developed to address Section 690.12(B)(2) of the California Electrical Code. The removal or cutting away of portions of the BIPV system during firefighting operations shall not expose a firefighter to electrical shock hazards and smoke ventilation opportunity areas shall be identified.
15.24.630 Section 3307.2 Amended - Water Supply for Fire Protection . The required water supply, including water mains and fire hydrants, for fire protection, shall be installed, tested, and accepted, prior to combustible materials arriving onsite.
15.24.640 Section 5601.3.2Added - Prohibition. No person shall have in his or her possession, or keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give or transport any fireworks, dangerous fireworks, or safe and sane fireworks, except for use as agricultural and wildlife fireworks or for use in a public display of fireworks pursuant to a permit obtained from Murrieta Fire & Rescue under the provisions of California Health and Safety Code Sections 12640-12654 and the municipal code adopted by the City of Murrieta. Any storage, use, sale, possession, and handling of fireworks 1.4G (commonly referred to as Safe & Sane) and fireworks 1.3G is strictly prohibited.
Exception: Fireworks 1.4G and fireworks 1.3G may be part of an electrically fired public display when permitted by Murrieta Fire & Rescue and conducted by a California licensed pyrotechnic operator.
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15.24.650 Section 5601.3.3 Added - Seizure of Fireworks. The fire code official and his or her designee shall have the authority to seize, take, and remove all fireworks stored, sold, offered for sale, used, or handled in violation of the provisions of Title 19 CCR, Chapter 6. Any seizure or removal pursuant to this section shall be in compliance with applicable statutory, constitutional, and decisional law.
15.24.660 Section 5608.2 Added - Firing. All fireworks displays shall be electrically fired.
15.24.670 Section 5614 Added - Explosives and blasting. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported, or disposed of except by permit from the fire code official.
15.24.680 Section 5707.1 Amened - General. On-demand mobile fueling operations that dispense Class I, II, and III liquids into the fuel tanks of motor vehicles shall be prohibited.
15.24.690 Sections 5707.2 through 5707.6 are hereby deleted without replacement.
15.24.700 NFPA 13, 2025 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:
Section 16.12.3.3 is hereby revised as follows:
16.12.3.3 Fire department connections (FDC) shall be of an approved type. The FDC shall contain a minimum of two 2 ½” inlets. The location shall be approved and be no more than 40 feet from a public or private hydrant. The size of the piping and the number of inlets shall be approved by the fire code official. Fire department inlet connections shall be painted OSHA safety red. When the fire sprinkler density design requires 500 gpm (including inside hose stream demand) or greater, or a standpipe system is included, four 2½” inlets shall be provided
15.24.710 NFPA 13R 2025 is added and adopted in its entirety.
15.24.720 NFPA 13D 2025 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby adopted and amended or added as follows:
Section 5.1.3 is hereby added as follows:
5.1.3 Stock of Spare Sprinklers
Section 5.1.3.1 is hereby added as follows:
5.1.3.1. A supply of at least one sprinkler for each type shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced.
5.1.3.2 is hereby added as follows:
5.1.3.2 The sprinklers shall correspond to the types and temperature ratings of the sprinklers on the property.
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Section 5.1.3.3 is hereby added as follows:
5.1.3.3 The sprinklers shall be kept in a cabinet located where the temperature to which they are subjected will at no time exceed 100 degrees Fahrenheit (38 degrees C).
Section 5.1.3.4 is hereby added as follows:
5.1.3.4 A sprinkler wrench shall be provided and kept in the cabinet to be used for
the removal and installation of sprinklers. A separate sprinkler wrench shall be provided to ensure all styles of heads can be replaced if activated.
Section 7.1.2 is hereby revised as follows:
7.1.2 The system piping shall not have a separate control valve unless supervised by a central station, proprietary, or remote station alarm service.
7.6 - Amend 7.6 to read as follows:
7.6 Alarms. A water flow switch shall be provided and located on the sprinkler riser above the check valve. The waterflow switch shall activate the local waterflow alarm bell and the interconnected smoke alarms inside the residence. The water flow switch shall be a retarding type with a delay between 15-45 seconds before activation. Waterflow alarm bell shall have a minimum diameter of 6 inches and be mounted on the exterior of the structure.
15.24.730 NFPA 14, 2024 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:
Section 9.5.1.1 is hereby deleted in its entirety and replaced as follows:
9.5.1.1 Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor.
15.24.740 NFPA 24, 2025 Edition, Standard for the Installation of Private Fire Service Mains and their Appurtenances is hereby amended as follows:
Section 6.2.9* (3) and (5) is hereby deleted without replacement and (6) and (7) renumbered as follows:
(5) Control Valves installed in a fire-rated room accessible from the exterior.
(6) Control valves in a fire-rated stair enclosure accessible from the exterior as permitted by the authority having jurisdiction.
Section 6.2.9* (2) is hereby revised as follows:
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(2) When approved by the fire code official, a wall post indicating valve may be installed on an existing structure.
Section 6.3.3 is hereby added as follows:
6.3.3 All post indicator valves controlling fire suppression water supplies shall be painted OSHA red.
Section 10.1.5 is hereby added as follows:
10.1.5 All ferrous pipe shall be coated and wrapped. Joints shall be coated and wrapped after assembly. All fittings shall be protected with a loose 8-mil polyethylene tube. The ends of the tube shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section.
Exception: 304 or 316 Stainless Steel pipe and fittings
Section 10.3.8 Bolts is hereby added as follows:
10.3.7 Bolts. All bolts used in pipe-joint assembly shall be 316 stainless steel.
Section 10.4.1.1 is hereby revised as follows:
10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material, prior to poly-tube, and after installation.
Exception: Bolted joint accessories made from 304 or 316 stainless steel.
Section 10.4.3.1 is hereby deleted and replaced as follows:
10.4.3.1 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.6.2.
Section 10.4.3.1.1 is hereby revised as follows:
10.4.3.1.1 Pipe joints shall not be located under foundation footings. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints. 282
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15.24.750 Amended - Table B105.1 (1)
TABLE B105.1(1)
REQUIRED FIRE-FLOW FOR ONE AND TWO FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES
CALCULATION
AREA
(square feet)
AUTOMATIC SPRINKLER
SYSTEM (Design Standard)
MINIMUM
FIRE-FLOW
(gallons per
minute)
FLOW
DURATION
(hours)
0-3,600 No automatic sprinkler
system
1,500 2
3,601 and greater
No automatic sprinkler system
Value in Table
B105.1(2)
Duration in Table
B105.1(2) at the
required fire-flow
rate, but not less than
2 hours.
0-3,600
Section 903.3.1.3 of the
California Fire Code or
Section 313.3 of the
California Residential
Code
500
1/2
3,601 and greater Section 903.3.1.3 of the
California Fire Code or
Section 313.3 of the
California Residential
Code
½ value in Table
B105.1(2) but
not less than 875
1 For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m
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15.24.760 Amended - Table B105.1(2)
TABLE B105.2
REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE AND TWO FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES
AUTOMATIC SPRINKLER
SYSTEM (Design Standard)
MINIMUM FIRE-FLOW
(gallons per minute)
FLOW DURATION
(hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2)
Section 903.3.1.1 (NFPA 13) or
Section 903.3.1.2 (NFPA13R) of
the California Fire Code
50% of the value in Table
B105.1(2) not less than
2,500 for multi-family, not
less than 3,000 for
commercial not less than
3,500 for industrial
Duration for multi-family, 2
hours Duration for
commercial, 3 hours
Duration for industrial, 4
hours
For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m *Or as otherwise required by the Fire Code official
15.24.770 Section B105.4 – ADDED- Projects Located in Fire Severity Zones. All new buildings constructed or installed that are located within a High and Very High Fire Hazard Severity Zone, as designated by the Director of Forestry and Fire Protection or as subsequently amended, the minimum fire-flow requirements shall be increased by 500 gallons per minute (GPM) at a residual pressure of 20 psi for a minimum duration of 2 hours.
Exception. Where the entire project is constructed in compliance with the current Insurance Institute for Business & Home Safety (IBHS) Wildfire Technical Standards, the required fire flow may comply with the standard fire- flow requirements of Appendix B without modification.
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ORDINANCE NO. 627-25
AN ORDINANCE OF THE CITY COUNCIL, ADOPTING THE 2025
CALIFORNIA WILDLAND-URBAN INTERFACE CODE, BASED ON THE
2024 INTERNATIONAL WILDLAND-URBAN INTERFACE CODE
INCLUDING LOCAL AMENDMENTS AND ADDITIONS
Summary: This ordinance will adopt the 2025 California Wildland -Urban Interface Code including local amendments and an exemption from CEQA.
WHEREAS, every three years the State of California adopts a new California Building Standards Code (BSC) which includes a new California Wildland-Urban Interface Code; and,
WHEREAS, the State of California has adopted the 2025 California Wildland-Urban Code based on the 2024 International Wildland-Urban Interface Code published by the International Code Council, hereinafter referred to collectively as the California Wildland-Urban Interface Code; and,
WHEREAS, Health & Safety Code Section 17958 permits the City of Murrieta to make such changes or modifications to the California Wildland-Urban Interface Code as are reasonably necessary because of local conditions; and,
WHEREAS, Health & Safety Code Section 17958.7 requires that the City of Murrieta, before making any changes or modifications to the California Wildland-Urban Interface Code, make express findings that such changes or modifications are needed due to local climatic, geological, or topographical conditions; and,
WHEREAS, the City Council finds that the City has certain climatic, geological, and topographical features that can have a deleterious effect on emergency services such as fire protection and emergency medical services; and,
WHEREAS, the City Council finds that the modifications and changes to the California Wildland-Urban Interface Code are reasonably necessary because of the local climatic, geological, and topographical conditions set forth herein as identified below; and,
WHEREAS, Sections 50022.1 through 50022.10, inclusive of the Government Code and Section 17922 of the Health & Safety Code, provide authority for the adoption by reference of codes, or portion of such codes.
WHEREAS, The 2025 Edition of the California Wildland -Urban Interface Code (CWUI) is based on the 2024 International Wildland-Urban Interface Code. The CWUI published by the BSC in Title 24, Part 7 of the California Code of Regulations must be in effect by January 1, 2026. To include local amendments and enhance life safety, and property protection, the city must complete its adoption process thirty (30) days prior to implementation. The adoption of the 2025 CWUI into the City of Murrieta Municipal Code provides an orderly administration of the 2025 CWUI by the City’s Building Official and Fire Code Official. 285
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. MUNICIPAL CODE ADDITION
Chapter 15.30 of the Murrieta Municipal Code is hereby added as found in Exhibit A attached hereto and incorporated herein as if set forth in full.
SECTION 2. LOCAL AMENDMENT FINDINGS
The City Council of the City of Murrieta finds that the modifications and changes to the CWUI Code are reasonably necessary because of the local climatic, geological, and topographical conditions set forth herein.
A. Climate Considerations
1. The City of Murrieta located in Riverside County is located in Southern California and covers a vast and varied geographic area. The base climate in western Riverside County consists of semi-arid Mediterranean weather patterns. Eastern Riverside County is a desert area with Mohave Desert temperatures and weather patterns. Those two primary areas are divided by the San Bernardino Mountain Range. Both areas outside of the mountain terrain annually experience extended periods of high temperatures with little or no precipitation. Hot, dry winds, which may reach speeds of 70 m.p.h. or greater, are common to the area. Examples are: Santa Ana/Foehn winds, afternoon surface-heating generated winds, and prevailing desert winds.
These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration) which necessitates rapid identification, locating and extinguishment of all fires in the smallest stage possible.
In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, streetlights and utility poles, will greatly impact the response time to reach an incident scene. During these winds, the inability to use aerial type firefighting apparatus would further decrease our ability to stop fires in large buildings and place rescue personnel at increased risk of injury.
2. Although Riverside County and the City of Murrieta occasionally experiences periods of significant drought, the County can also experience periods of substantial rainfall. Annual rainfall varying from three inches in Blythe to over 33 inches in Pine Cove. When Riverside County does experience heavy rain, or rain over a period of days or weeks, many areas of the County are subject to flooding. Runoff from rain drains either naturally into rivers, washes, and creeks or into flood control facilities. Flash flooding is also a common problem, especially in the Coachella Valley and the easterly portions of the County. Flash flooding is typically associated with short duration, high intensity precipitation events often associated with summer thunderstorms. Such events can occur even during a drought. 286
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3. Water demand in densely populated Southern California far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall, future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire.
4. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features such as identification and notification will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.
B. Topographic Considerations
1. Natural. The topographical conditions of Riverside County vary from 300 feet below sea- level, flat desert communities, to mountains over 10,000 feet in Alpine-like areas of the San Bernardino Mountain Range. In between these areas, developable slopes of 25 percent and greater generally occur throughout the foothills.
Riverside County extends from Orange County to the State of Arizona and is mixed with congested urban areas, rural lands and wild lands. A large number of sensitive habitats for various animal species and vegetation consist within large open space areas between major urban centers that impact building and structure location, which impedes emergency access and response. This variety in regions contributes to an increased emergency response time, which necessitates cooperation between local agencies.
2. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Riverside County and within the City of Murrieta.
3. These topographical conditions combine to create a situation, which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on• site fire- extinguishing systems and other protection measures to protect occupants and property.
C. Geographic Considerations
1. Located within Riverside County and in the City of Murrieta are several 287
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known active and potentially active earthquake faults, including the San Andreas, San Jacinto, and Elsinore Fault. In the event of an earthquake, the location of the epicenter as well as the time of day and season of the year would have a profound effect on the number of deaths and casualties, as well as property damage.
2. The major form of direct damage from most earthquakes is damage to construction. Bridges are particularly vulnerable to collapse, and dam failure may generate major downstream flooding. Buildings vary in susceptibility, dependent upon construction and the types of soils on which they are built. Earthquakes destroy power and telephone lines; gas, sewer, or water mains; which, in tum, may set off fires and/or hinder firefighting or rescue efforts. The hazard of earthquakes varies from place to place, dependent upon the regional and local geology. Ground shaking may occur in areas 65 miles or more from the epicenter (the point on the ground surface above the focus). Ground shaking can change the mechanical properties of some fine grained, saturated soils, where upon they liquefy and act as a fluid (liquefaction).
3. Previous earthquakes in southern California have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings.
4. Road circulation features located throughout the County and the City of Murrieta also make amendments reasonably necessary. Located through the County and the City of Murrieta are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Murrieta that naturally have extended emergency response times that exceed the five- minute goal.
The table below details amendments to specific Sections of the 2025 California Wildland- Urban Interface Code and the applicable Finding for each.
Amendment Finding Amendment Finding
Definitions 202 Administrative 604.6 A1, A2, A3, A4
602.4 A1, A2, A3, A4
SECTION 3. CALIFORNIA WILDLAND -URBAN INTERFACE CODE ADOPTION
The City Council hereby adopts the California Wildland -Urban Interface Code for the City of Murrieta. The 2025 California Wildland-Urban Interface Code of Title 24, Part 7. In addition, the following provisions that are excluded in the 2025 California Wildland-Urban Interface Code are hereby adopted - Chapter 1, 1.12, Division II, 402 and Appendices A are adopted together with the City's amendments as set forth in this ordinance.
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This California Wildland-Urban Interface Code is adopted for the protection of public health and safety. The provisions of this code shall apply to the construction, alterati on, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure, or any appurtenance connected or attached thereto, within the City of Murrieta. These provisions fu rther apply to building materials, systems, and assemblies used in the exterior design and construction of new buildings located within a wildland–urban interface area, establishing minimum requirements intended to mitigate conditions that could cause a fire originating in a structure to ignite vegetation, or allow a wildfire burning in vegetation fuels to transmit fire to structures, thereby threatening life safety, exceeding fire suppression capabilities, or resulting in significant property loss.
SECTION 4. CEQA
This ordinance is exempt from the California Environmental Quality Act (“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. Where, as 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.
SECTION 5. SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. NOTICE OF ADOPTION
The City Clerk shall certify to the adoption of this ordinance and shall publish a summary of this Ordinance and post a certified copy of the full ordinance in the office of the City Clerk at least five (5) days prior to the adoption of the proposed ordinance; and within fifteen (15) days after adoption of the ordinance, the City Clerk shall publish a summary of the ordinance with the names of the council members voting for and against the ordinance.
SECTION 7. EFFECTIVE DATE
This Ordinance shall become effective on January 1, 2026.
PASSED AND ADOPTED this ___th day of ______________, 2025.
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___________________________
Cindy Warren, 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 Ordinance No. 627-25 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___th day of ______________, 2025, 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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I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 627-25 was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):
Adopted Ordinance: , 2025.
Cristal McDonald, City Clerk
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EXHIBIT “A”
15.30.010 Adoption of the California Wildland-Urban Interface Code. The City of Murrieta adopts as the California Wildland-Urban Interface Code for the City of Murrieta Fire & Rescue the following: the 2025 California Wildland -Urban Interface based on the 2024 International California Wildland-Urban Interface. In addition, the following provisions that are excluded in the 2025 California Wildland -Urban Interface are hereby adopted - Chapter 1, Division II, Section 402, and Appendix A in its entirety except sections A-102.3 – A102.3.2.2 are adopted together with the City's amendments as set forth in this ordinance. The California Wildland - Urban Interface and its appendix chapters will be on file for public examination in the offices of the Fire Marshal, Building Official, and the City Clerk’s office.
15.30.020 Section 101.1 Amended– Title. These regulations shall be known as the California Wildland-Urban Interface Code of the City of Murrieta, hereinafter referred to as the California Wildland-Urban Interface Code (CWUI).
15.30.130 Section 102.9 Added – Repeal of Conflicting Ordinances, Resolutions, or Motions.
All former ordinances, resolutions, or motions or parts thereof, conflicting or inconsistent with the provisions of this chapter are repealed.
15.30.040 Section 103.1 Amended – Creation of an Agency. The City of Murrieta is hereby created and the official in charge therefore shall be known as the fire code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.
15.30.050 Section 202 Added – Definitions
FUEL MODIFICATION PLAN. An approved plan which identifies specific fuel modification zones within a property are subject to fuel modification. Fuel modification plans show the area and location of all hardscape/soft scape improvements and fuel modifications necessary to achieve the minimum acceptable level of risk to structures from fires in the combustible vegetation.
FUEL MODIFICATION ZONE. A specific area where vegetation has been removed, planted, or modified in conjunction with an approved fuel modification plan that increases the likelihood that a structure will survive a wildfire, improve the defensible space around the structure for firefighting activities, and prevents direct flame contact with the structures.
Vegetation includes native ornamental plants, non-native naturalized annual grasses, and other invasive or naturalized species. Fuel modification activities can include removal, partial or total replacement of existing plants with adequately space drought -tolerant and fire -resistant species and thinning of existing native or ornamental species.
UNENCLOSED COVERED STRUCTURE. Includes covered structures with a solid or open roof and no more than one side closed.
15.30.060 Section 602.4 ADDED- Fuel Modification Plan. A fuel modification plan shall be 292
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submitted to and approved by the fire code official prior to the issuance of a grading permit. The plan shall be developed in accordance with city-code , adopted guidelines, nationally recognized standards, and shall include provisions for ongoing maintenance.
15.30.070 Section 604.6 ADDED- Maintenance of Fuel Modification Zone. Fuel Modification Zones, not in compliance with the City of Murrieta Municipal Code, respective guidelines and recognized standards shall constitute a fire hazard.
15.30.080 APPENDIX A GENERAL REQUIREMENTS – Section A102.3 - DELETED- Sections A102.3 through A102.3.2.2 of Appendix A are deleted without replacement.
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City Council Meeting Agenda
Report
11/4/2025
Agenda Item No.
CITY OF MURRIETA Printed on 10/30/2025Page 1 of 1
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