Agenda packet — Murrieta City Council, July 7, 2026 (part 2 of 5)

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 4. 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 5. This Ordinance shall become effective on the thirty -first (31st) day after its passage and adoption, and within fifteen (15) days after its final passage and the City Clerk shall cause it to be posted and published in a newspaper of general circulation, printed, published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, to be entered in the Book of Ordinances of the City.

PASSED AND ADOPTED this _____ day of ______, 2026.

Jon Levell, Mayor

ATTEST:

Cristal McDonald, City Clerk

APPROVED AS TO FORM:

Tiffany J. Israel, City Attorney

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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )

I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Ordinance No. 633-26 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ____ day of ____, 2026, 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. 633-26 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):

Introduced Ordinance:

Adopted Ordinance:

In witness whereof, I have hereunto subscribed my name this ___ day of ____, 2026.

Cristal McDonald, City Clerk
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01375.0004 2131751.1
ORDINANCE NO. 634-26

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA,

CALIFORNIA, ACTING AS THE MURRIETA FIRE DISTRICT APPROVING

AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF

DIRECTORS OF THE MURRIETA FIRE DISTRICT AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYSTEM TO INCLUDE PUBLIC EMPLOYEES’ PENSION

REFORM ACT (PEPRA) LANGUAGE

Summary: This ordinance approves an amendment to the Murrieta Fire District’s contract with the Board of Administration of the California Public Employees’ Retirement System (CalPERS) to reference Public Employees’ Pension Reform Act (PEPRA) language.

WHEREAS, the Murrieta Fire District (the “District”) participates in the California Public Employees’ Retirement System (“CalPERS”) pursuant to a contract with the Board of Administration of CalPERS (the “Board”); and

WHEREAS, the Public Employees’ Pension Reform Act of 2013 (“PEPRA”) established new requirements and limitations applicable to public retirement systems and participating agencies, including provisions governing pensionable compensation and benefit structures; and

WHEREAS, the District desires to ensure that its CalPERS contract provisions are consistent with and fully compliant with the requirements of PEPRA and applicable state law; and

WHEREAS, the Board has requested that participating agencies amend their contracts to expressly incorporate and clarify compliance with PEPRA provisions where necessary; and

WHEREAS, the Board of Directors of the Murrieta Fire District has determined that it is in the best interest of the District to approve an amendment to its contract with CalPERS to incorporate PEPRA language and ensure continued participation in the CalPERS retirement system in accordance with state law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. That an amendment to the contract between the Board of Directors of the Murrieta Fire District and the Board of Administration, California Public Employees’ Retirement System, is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made a part hereof as though herein set out in full.

SECTION 2. The Chair of the Murrieta Board of Directors of the Murrieta Fire District is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the Murrieta Fire District.

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01375.0004 2131751.1

SECTION 3. 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 environmen t.

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.

The Board of Directors 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.

PASSED AND ADOPTED this _____day of ________, 2026.

Jon Levell, Mayor

ATTEST:

Cristal McDonald, City Clerk

APPROVED AS TO FORM:

Tiffany J. Israel, City Attorney

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01375.0004 2131751.1

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. 634-26 was duly passed and adopted by the Board of Directors of the Murrieta Fire Protection District at the regular meeting thereof, held on the ____ day of _____, 2026, 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. 634-26 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):

Introduced Ordinance:

Adopted Ordinance:

In witness whereof, I have hereunto subscribed my name this 2nd day of June, 2026.

Cristal McDonald, City Clerk
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CITY OF MURRIETA
City Council Meeting Agenda
Report
7/7/2026
Agenda Item No. 8.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Ambrose, Community Services Director
PREPARED BY: Brian Ambrose, Community Services Director SUBJECT:

Funding Agreement with the Riverside County Flood Control and Water Conservation District and Award of Agreement for On-Call Encampment Cleanup Services

ABSTRACT
As part of the City’s ongoing homeless services strategy to achieve and maintain functional zero homelessness, staff conducts proactive encampment resolution efforts following repeated outreach and engagement attempts to connect individuals experiencing homelessness with housing opportunities, supportive services, and other critical resources.

The actions before the City Council are to:

1. Approve a three-year reimbursement agreement with the Riverside County Flood Control and Water Conservation District and authorize the associated revenue budget appropriation; and

2. Approve agreements with two (2) vendors to provide on-call encampment cleanup services in support of ongoing encampment resolution efforts throughout the City, including on Flood Control District property.

RECOMMENDATION
Amend the Fiscal Year (FY) 2026/27 Operating Budget to establish a revenue budget of $75,000 as detailed in the fiscal impact statement;
Approve a funding agreement between the City of Murrieta and Riverside County Flood Control and Water Conservation District for the cleanup of trash, debris, and other items on District-owned property and authorize the City Manager to execute all applicable documents;
Approve a three year agreement with Restore Environmental, LLC in the amount of $135,00 for on-call Homeless Encampment Clean-Up Services;
Approve a three year agreement with Hunter’s Consulting, Inc. dba HCI Environmental in the amount of $225,000 for on-call Homeless Encampment Clean-Up Services; and Authorize the City Manager to execute agreements with HCI Environmental and Restore Environmental, LLC, CITY OF MURRIETA Printed on 7/2/2026Page 1 of 3
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Agenda Item No. 8.
and to execute any future extensions to the agreement as provided within the terms of the agreements.

PRIOR ACTION/VOTE
On August 15, 2023, the City Council, approved a three-year funding agreement with the Riverside County Flood Control and Water Conservation District and awarded three-year encampment clean-up service agreements to Clean Harbors and Hunter’s Consultant Inc. (Vote:5-0).

STRATEGIC ALIGNMENT
This item aligns with the City Council goal of: coordinating and delivering responsive, effective community services relating to an administrative priority.

DISCUSSION
The Riverside County Flood Control and Water Conservation District (District) owns and maintains major creeks and flood control channels throughout the City of Murrieta (City), including portions of Murrieta Creek.

These waterways are occasionally impacted by homeless encampments, resulting in the accumulation of trash, debris, abandoned property, and hazardous materials that can adversely affect flood control operations, environmental resources, public safety, and water quality.

The attached funding agreement (Attachment 1) authorizes the City and its contractors to access District- owned property to perform encampment cleanup services at the District’srequest, or as determined necessary by City staff. Under the terms of the agreement, the District will reimburse the City for eligible costs associated with these services, including contractor expenses incurred on the City’sbehalf. The agreement authorizes the City to perform these services from July 1, 2026, through June 30, 2029, with a not-to-exceed amount of $225,000 over the term of the agreement. This represents the second, three-year reimbursement agreement between the City and the District for encampment clean-up services.

Due to the specialized staffing, equipment, and hazardous materials handling expertise required to safely conduct encampment cleanups, the City does not perform these services in-house. Accordingly, staff recommends entering into agreements with qualified vendors to continue providing these services on an as- needed basis. As the City’scurrent agreements will expire on June 30, 2026, staff released a Request for Proposals (RFP) on April 29, 2026, seeking qualified contractors to provide as-needed encampment cleanup services.

The RFP application period closed on May 20, 2026, and the City received 11 proposals. Staff reviewed all submitted proposals and selected five (5) vendors to participate in interviews on June 5, 2026. Following the interview process, staff found that Restore Environmental, LLC and HCI Environmental were the most qualified firms and offered the best overall value to the City for the requested services. HCI Environmental is currently a contractor for encampment clean-up services, and Restore Environmental, LLC has been used by the City in the past. Both have provided timely services of complex clean-ups and understand public safety and encampment protocols.

The proposed agreements are structured on an as-needed basis to provide operational flexibility in responding to varying encampment conditions throughout the City, including large-scale debris removal and biohazard remediation. The selected vendors will provide cleanup services both within Murrieta Creek under the District reimbursement agreement and throughout other areas of the City as needed. These agreements will support the City’songoing encampment resolution efforts while protecting public health, environmental resources, and critical flood control infrastructure.

CITY OF MURRIETA Printed on 7/2/2026Page 2 of 3
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Agenda Item No. 8.

PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

CEQA AND REGULATORY OVERVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly.

FISCAL IMPACT
Approving the two (2) on-call encampment contractor agreements will result in expenditures not to exceed $360,000 over the terms of both agreements. However, annual expenditures are anticipated to be approximately $120,000. The agreements are on an as-needed basis and based upon rates submitted by the vendors. Funding for any work provided on District property will be reimbursed.

Funding for these activities is already available for FY 2026/27 in account 1105100-60480.

If the City Council approves the Funding Agreement with the Riverside County Flood Control and Water Conservation District, staff recommends an amendment to the Fiscal Year (FY) 2026/27 Operating Budget to establish a revenue budget of $75,000 in general ledger account 1105100-42223 to reflect expected reimbursements from the County.

ATTACHMENTS
ATT 1 - Agreement with Riverside County Flood Control and Water Conservation District ATT 2 - Agreement with Restore Environmental, LLC
ATT 3 - Agreement with Hunter’s Consulting, Inc. dba HCI Environmental CITY OF MURRIETA Printed on 7/2/2026Page 3 of 3
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FUNDING AGREEMENT
Removal of Debris Materials

This Funding Agreement ( "AGREEMENT"), dated as of
_________________________, is entered into by and between the Riverside County Flood Control and Water Conservation District, a body corporate and politic, ("DISTRICT") and the City of Murrieta, a California municipal corporation ( "CITY"). DISTRICT and CITY are individually referred to herein as "Party" and collectively referred to herein as the "Parties". The Parties hereto agree as follows:

RECITALS
A. DISTRICT is the owner of certain real property located in the city of Murrieta ("PROPERTY"), as shown in concept in red on Exhibit "A", attached hereto and incorporated herein by this reference. PROPERTY is used for flood control and water conservation facilities and open space. A significant portion of PROPERTY is in its natural condition.

B. At various times, significant amounts of trash, debris, biological materials, abandoned personal property and other similar material ( "MATERIALS") accumulate on PROPERTY, which need to be cleaned up in order to maintain the efficiency of the flood control and water conservation facilities, the integrity of the natural state of PROPERTY and to reduce the risk of soil and water contamination.

C. CITY benefits from the efforts to maintain the efficiency of the flood control and water conservation facilities, the integrity of the natural state of PROPERTY and to reduce the risk of soil and water contamination as residential, commercial, parks and r ecreation facilities are located around PROPERTY and are within the jurisdictional boundaries of CITY.

D. CITY has experience and expertise in the maintenance of drainage facilities and the implementation of stormwater quality programs and activities to comply with the 186
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requirements of the National Pollutant Discharge Elimination System permit and Municipal Separate Storm Sewer System permit.

E. DISTRICT and CITY desire to use their respective resources to maintain PROPERTY for the mutual benefit of both Parties.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this AGREEMENT and as follows:

AGREEMENT

1. Maintenance of DISTRICT PROPERTY.

A. DISTRICT hereby grants to CITY, its agents and contractors the authority to enter PROPERTY for the purpose of removing MATERIALS, subject to the terms of this AGREEMENT. The General Manager-Chief Engineer of DISTRICT shall designate in writing to CITY the person who shall represent DISTRICT in the coordination and supervision of the removal of MATERIALS ("DISTRICT REPRESENTATIVE") and the contact information for such representative. CITY's City Manager shall designate in writing to DISTRICT the person who shall represent CITY in the coordination and supervision of the removal of MATERIALS ("CITY REPRESENTATIVE") and the contact information for such representative.

B. CITY, its agents and contractors may enter PROPERTY for the purpose of the removal of MATERIALS either at the request of DISTRICT or upon its own determination that such MATERIALS are present on PROPERTY. If CITY determines MATERIALS are on PROPERTY and need to be removed, CITY shall notify DISTRICT REPRESENTATIVE in writing as soon as practicable following such determination of the location and nature of MATERIALS. CITY shall attempt to make such notification at least ten calendar days prior to the removal of MATERIALS, in accordance with the Material Removal Procedures as set forth 187
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in Exhibit "B", attached hereto and incorporated herein by this reference. However, CITY's notification shall be no less than three business days prior to MATERIALS removal.

C. Once the pre-material removal assessment and other requisite actions have been taken, CITY shall remove MATERIALS with its own forces or with contractor in accordance with (i) Exhibit "B", Material Removal Procedures, (ii) CITY's Standard Operating Procedures regarding the removal of unlawful campsites, bulky items and personal property and (iii) all applicable federal, state and local laws, rules and regulations in order to prevent the infringement of any state or federal rights. Additionally, CITY shall record the removal of MATERIALS in accordance with Exhibit "C", Cleanup Report ("REPORT"), attached hereto and incorporated herein by this reference. The General Manager-Chief Engineer of DISTRICT and the City Manager of CITY are hereby authorized to amend this AGREEMENT for the limited purpose of (i) updating PROPERTY as shown in Exhibit "A" and (ii) revising the procedures and/or reporting set forth in Exhibits "B" and "C".

D. CITY must submit a completed REPORT(s) to DISTRICT within seven calendar days after the completion of each MATERIALS removal.

E. DISTRICT reserves the right to postpone the removal of MATERIALS located on PROPERTY and/or reassign the removal of MATERIALS to DISTRICT by following the procedures set forth in the Materials Removal Procedures. Such delays and reassignments shall be handled on a case-by-case basis as to be determined by DISTRICT REPRESENTATIVE in consultation with CITY staff.

2. REGULATORY PERMITS.

A. Any permits, approvals or agreements required by any federal, state or local resource and/or regulatory agency for the removal of MATERIALS must be obtained prior to commencing removal of MATERIALS. Such documents include, but are not limited to, those issued by the U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, California Regional 188
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Water Quality Control Board, California Department of Fish and Wildlife, State Water Resources Control Board and Western Riverside County Regional Conservation Authority, hereinafter called "REGULATORY PERMITS". DISTRICT shall be responsible for determining what, if any, REGULATORY PERMITS must be obtained prior to the removal of MATERIALS.

Responsibility for REGULATORY PERMITS shall be handled on a case-by-case basis as to be determined by DISTRICT REPRESENTATIVE.

B. In the event that CITY needs to obtain any of the REGULATORY PERMITS, CITY shall ensure that any REGULATORY PERMITS secured by CITY, including any subsequent renewal or amendments thereto, will not (i) impede DISTRICT 's ability to perform all necessary operation and maintenance activities for PROPERTY as determined by DISTRICT or (ii) include any stipulations that would result in additional mitigation obligations being placed upon DISTRICT for maintenance operations within DISTRICT's right of way.

3. Compensation for Services Performed by CITY.

A. The compensation for services performed by CITY under this AGREEMENT shall not exceed the total of sum of Two Hundred Twenty-Five Thousand Dollars ($225,000) over the entire term of this AGREEMENT ( "DISTRICT CONTRIBUTION") and shall be used by CITY solely for the purpose of removal of MATERIALS as set forth herein.

DISTRICT CONTRIBUTION is contingent upon the availability of DISTRICT funds and budgetary approval.

B. In the event AGREEMENT is terminated, DISTRICT shall make payment for all services performed in accordance with this AGREEMENT to the date of termination in accordance with Section 5(b)(c).

4. Accounting for Services Performed by CITY.

A. Prior to the commencement of any removal of MATERIALS, CITY shall submit to DISTRICT an estimate of costs for removal of MATERIALS and obtain approval by 189
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DISTRICT of the costs. DISTRICT shall pay to CITY the CITY 's actual reasonable costs of performing the work to remove MATERIALS as provided in this AGREEMENT, including, but not limited to, the costs of contractors performing such work on behalf of CITY and any onsite hazardous materials assessment that may be needed.

B. On a quarterly basis, CITY shall prepare and submit to DISTRICT an itemized invoice, prepared in a form satisfactory to DISTRICT, within thirty calendar days after the end of the quarter in which CITY removed MATERIALS from PROPERTY.

Quarter Start End Invoice Due Date
First Quarter July 1 September 30 October 31
Second Quarter October 1 December 31 January 31
Third Quarter January 1 March 31 April 30
Fourth/Final
Accounting Quarter
April 1 June 30 July 31

C. CITY's invoice shall include a detailed breakdown of all costs, including, but not limited to, AGREEMENT tracking number, the date(s) the removal of MATERIALS was performed, an itemization of labor and hours worked by each unique classification , contractor and associated costs, and other such documents as may be necessary to establish the actual cost of MATERIALS removal. A copy of the completed REPORT(S) must also be attached to the invoice.

D. DISTRICT shall notify CITY of any objections to such invoices within thirty calendar days of submission of the invoice to DISTRICT. In the event CITY determines that a charge was billed incorrectly, an addendum to the invoice in question shall be provided, and DISTRICT shall be reimbursed or credited for the amount incorrectly charged. Within forty- five calendar days of receipt of an appropriate invoice, DISTRICT shall pay the invoice.

DISTRICT shall not pay interest or finance charges on any outstanding balance(s). 190
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E. CITY shall maintain records of the costs incurred in accordance with reasonable accounting standards.

F. CITY shall keep an accurate accounting of all MATERIALS removal costs and include this final accounting for each DISTRICT fiscal year (July 1 through June 30) when invoicing DISTRICT for MATERIAL removal costs.

G. DISTRICT, the County of Riverside or any of their duly authorized representatives shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this AGREEMENT. CITY agrees to maintain such records for possible audit for a minimum of three years after final payment. CITY agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.

5. Term and Termination.

A. The term of this AGREEMENT shall commence on July 1, 2026, and shall terminate on June 30, 2029, unless terminated sooner.

B. CITY's City Manager or DISTRICT's General Manager -Chief Engineer may terminate this AGREEMENT for any reason or no reason upon ten business days written notice to the other Party stating the extent and effective date of terminate ( "Notice of Termination").

C. In the event this AGREEMENT is terminated, CITY shall stop all work under this AGREEMENT on the date specified in the written Notice of Termination. DISTRICT shall not reimburse for costs incurred after the termination date and shall make payment for all services performed in accordance with this AGREEMENT to the date of termination, a total amount which bears the same ratio to the total maximum fee ot herwise payable under this AGREEMENT as the services actually bear to the total services necessary for per formance of this AGREEMENT.
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6. Prevailing Wage.

All contracted workers shall be paid not less than the general prevailing rate of wages and benefits for work of a similar character in the locality in which the work is performed, as provided in Labor Code Sections 1770 et seq. Pursuant to the Labor Code, DISTRICT has obtained for the Board of Supervisors of DISTRICT from the Director of the Department of Industrial Relations, State of California, the determinations of general prevailing rates of per diem wages applicable to the work and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, apprentices and similar purposes for each craft, classification or type of workman needed, as set forth on the schedule, which is on file at DISTRICT office and which will be made available to any interested person upon request.

7. Indemnification.

A. CITY shall indemnify, defend and hold harmless DISTRICT and County of Riverside (including each of their Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, e mployees, agents or representatives) (individually and collectively hereinafter referred to as "Indemnitees") from any liability whatsoever, based or asserted , upon any acts, omissions or services of CITY or CITY 's independent contractor(s) and subcontractor(s), its officers, employees, agents or representatives arising out or in any way relating to this AGREEMENT, including, but not limited to, property damage, bodily injury or death, or any other element of any k ind or nature whatsoever arising from the performance of CITY or CITY 's independent contractor(s) and subcontractor(s), its officers, employees, agents or representatives ( "Indemnitors") from this AGREEMENT. CITY or CITY 's independent contractor(s) and subcontractor(s) shall defend, at its sole expense, all costs and fees, including, but not limited to, attorney fees, cost of investigation, defense, and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions.
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B. With respect to any action or claim subject to indemnification herein by CITY of CITY's construction contractor(s), CITY or CITY 's construction contractor(s) shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle or compromise any such action or claim without the prior consent of DISTRICT and the County of Riverside, provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY or CI TY's construction contractor(s) indemnification to Indemnitees as set forth herein.

C. CITY or CITY 's construction contractor(s) obligation hereunder shall be satisfied when CITY or CITY 's construction contractor(s) has provided to DISTRICT and the County of Riverside the appropriate form of dismissal relieving DISTRICT and the County of Riverside from any liability for the action or claim involved.

D. The specified insurance limits required in this AGREEMENT shall in no way limit or circumscribe CITY 's contractor(s) obligations to indemnify and hold harmless the Indemnitees herein from third party claims.

E. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve CITY 's construction contractor(s) from indemnifying the Indemnitees to the fullest extent allowed by law.

F. This AGREEMENT is to be construed in accordance with the laws of the State of California. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by AGREEMENT shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Partie s hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.
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G. If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

8. Insurance.

A. Without limiting or diminishing CITY 's obligation to indemnify or hold DISTRICT harmless, CITY shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this AGREEMENT. As respects to the insurance section only, DISTRICT herein refers to the Riverside County Flood Control and Water Conservation District, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds. i. Workers' Compensation. If CITY has employees as defined by the State of California, CITY shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of DISTRICT. ii. Commercial General Liability. Commercial General Liability insurance coverage, including, but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering cla ims which may arise from or out of CITY 's performance of its obligations hereunder. Policy shall name DISTRICT as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this AGREEMENT or be no less than two times the occurrence limit.
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iii. Vehicle Liability. If CITY's vehicles or mobile equipment are used in the performance of the obligations under this AGREEMENT, then CITY shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this AGREEMENT or be no less than two times the occurrence limit. Policy shall name DISTRICT and the County of Riverside, its a gencies, districts, special districts and departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds. iv. General Insurance Provisions – All Lines.
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A:

VIII (A: 8) unless such requirements are waived, in writing, by DISTRICT Risk Manager. If DISTRICT Risk Manager waives a requirement for a particular insurer, such waiver is only valid for that specific insurer and only for one policy term. b. CITY must declare its insurance self-insured retention for each coverage required herein. If any such self -insured retention exceeds $500,000 per occurrence , each such retention shall have the prior written consent of DISTRICT Risk Manager before the commencement of operations under this AGREEMENT. Upon notification of self -insured retention deemed unacceptable to DISTRICT, and at the election of DISTRICT Risk Manager, CITY's carriers shall either: 1) reduce or eliminate such self -insured retention with respect to this AGREEMENT with DISTRICT; or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. c. CITY shall cause their insurance carrier(s) or its contractor 's insurance carrier(s) to furnish DISTRICT with 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein; 195
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and 2) if requested to do so orally or in writing by DISTRICT Risk Manager, provide original certified copies of policies, including all endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said certificat e(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty calendar days written notice shall be given to DISTRICT prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If CITY 's insurance carrier(s) policies does not meet the minimum notice requirement found herein, CITY shall cause CITY 's insurance carrier(s) to furnish a 30-day Notice of Cancellation Endorsement. In the event of a material modification, cancellation, expiration or reduction in coverage, this AGREEMENT shall terminate forthwith, unless DISTRICT receives, prior to such ef fective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance. d. It is understood and agreed by the Parties hereto that CITY 's insurance shall be construed as primary insurance, and DISTRICT 's insurance and/or deductibles and/or self -insured retentions or self -insured programs shall not be construed as contributory.
e. If, during the term of this AGREEMENT or any extension thereof, there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes, etc.); or the term of this AGREEMENT, including any extensions thereof, exceeds five years, DISTRICT reserves the right to adjust the types of insurance required under this AGREEMENT and the monetary limits 196
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of liability for the insurance coverages currently required herein, if, in DISTRICT Risk Manager's reasonable judgment, the amount or type of insurance carried by CITY has become inadequate.
f. CITY shall pass down the insurance obligations contained herein to all tiers of contractor(s) and subcontractor(s) working under this AGREEMENT. g. The insurance requirements contained in this AGREEMENT may be met with a program(s) of self-insurance acceptable to DISTRICT. h. CITY agrees to notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this AGREEMENT.

B. CITY shall not commence operations until DISTRICT has been furnished with original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. In addition, CITY 's contractor(s) shall, within thirty calendar days prior to expiration of this insurance, furnish to DISTRICT certificates of insurance and endorsements evidencing renewal of the insurance. DISTRICT reserves the right to require complete certified copies of all policies of CITY's contractors and subcontractors at any time.

9. General.

A. This AGREEMENT is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right or action based upon the provisions of this AGREEMENT.

B. The Parties hereto each pledge to cooperate in regard to their respective responsibilities under this AGREEMENT.

C. Any waiver by DISTRICT or by CITY of any breach of any one or more of the terms of this AGREEMENT shall not be construed to be a waiver of any subsequent or other 197
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breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to require exact, full and complete compliance with any terms of this AGREEMENT shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcement hereof.

D. This AGREEMENT is to be construed in accordance with the laws of the State of California.

E. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights provided for by this AGREEMENT shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

F. Any and all notices sent or required to be sent to the Parties of this AGREEMENT will be mailed by first class United States Mail, postage prepaid, effective on the second business day following deposit in the United States Mail, to the following addresses:

To DISTRICT: RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Attn: Helio Takano, Chief of Operations
Email address: [email protected]

To CITY: CITY OF MURRIETA
1 Town Square
Murrieta, CA 92562
Attn: Lindsay Sisti, Management Analyst
Email Address: [email protected]

G. If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 198
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H. The obligation(s) of DISTRICT is limited by and contingent upon the availability of DISTRICT funds for DISTRICT's CONTRIBUTION toward this AGREEMENT as set forth herein. In the event that such funds are not forthcoming for any reason, DISTRICT shall immediately notify CITY in writing.

I. This AGREEMENT is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this AGREEMENT was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this AGREEMENT shall not be construed against DISTRICT because DISTRICT prepared this AGREEMENT in its final form.

J. This AGREEMENT is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understan dings, oral and written, in connection therewith.

This AGREEMENT may be changed or modified only upon the written consent of the Parties hereto.

K. This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this AGREEMENT agrees to the use of electronic signatures, such as digital signatures that meet the requir ements of the California Uniform Electronic Transactions Act ( "CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this AGREEMENT. The Parties further agree that the electronic signatures of the Part ies included in this AGREEMENT are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. 199
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CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the sa me force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
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IN WITNESS WHEREOF, the Parties hereto have executed this AGREEMENT on .
(to be filled in by Clerk of the Board)

RECOMMENDED FOR APPROVAL:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT,
a body corporate and politic

By
JASON E. UHLEY
General Manager-Chief Engineer

By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors

APPROVED AS TO FORM:

ATTEST:

MINH C. TRAN
County Counsel

KIMBERLY RECTOR
Clerk of the Board

KRISTINE BELL-VALDEZ
Supervising Deputy County Counsel

By
Deputy

(SEAL)

Funding Agreement: City of Murrieta
Removal of Debris Materials
06/02/26
YC:drh
201
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RECOMMENDED FOR APPROVAL:

CITY OF MURRIETA, a California municipal
corporation

JUSTIN CLIFTON
City Manager

APPROVED AS TO FORM:

ATTEST:

By
TIFFANY J. ISRAEL
City Attorney

CRISTAL MCDONALD
City Clerk

(SEAL)

Funding Agreement: City of Murrieta
Removal of Debris Materials
06/02/26
YC:drh
202

MURRIETA
§¨¦15
§¨¦215
§¨¦15
§¨¦215
RCIT, Pictometry
Exhibit A
Distric Property
Legend
City of Murrieta
District Facilities
Above Ground
Underground
Highways
VM_MurrietaAboveUnder 203

EXHIBIT "B"

MATERIAL REMOVAL PROCEDURES
PURPOSE: To describe the procedure for coordination between the Riverside County Flood Control and Water Conservation District ("DISTRICT") and the City of Murrieta ("CITY") regarding the removal of trash, debris, biological material, abandoned personal property and other similar material ("MATERIALS") from DISTRICT facilities and rights of way.

SCOPE: This procedure is for CITY and DISTRICT staff involved in the removal of MATERIALS within DISTRICT facilities and rights of way in the city of Murrieta.

REFERENCE REGULATIONS:
• Federal Clean Water Act, Section 402, including the National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permits • Code of Federal Regulations (CFR), Title 40, Part 112 (40 CFR Part 112) - Oil Pollution Prevention
• 40 CFR Part 122 - EPA Administered Permit Programs: The National Pollutant Discharge Elimination System
• 40 CFR Part 261 - Identification and Listing of Hazardous Waste • California Health and Safety Code, Division 20, Chapter 6.5 - Hazardous Waste Control • California Water Code, Division 7, Chapter 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972
• California Code of Regulations, Title 22, Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste
• California Code of Regulations, Title 24, Part 9 - California Fire Code, Chapter 50 - Hazardous Materials - General Provisions
• County of Riverside Ordinance 651 - Disclosure of Hazardous Materials and Formulation of Business Emergency Plans
• Drainage Area Management Plan for the Santa Ana/Santa Margarita Watersheds • DISTRICT's Municipal Facility Pollution Prevention Plan/Stormwater Management Plan

BACKGROUND: At various times, significant amounts of MATERIALS accumulate on DISTRICT's facilities and rights of way. Such MATERIALS must be removed to maintain the

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efficiency of the flood control and water conservation facilities, the integrity of the natural state of DISTRICT's facilities and rights of way, and to reduce the risk of soil and water contamination.

DISTRICT, through its statutory authority, must undertake efforts to address illegal dumping on DISTRICT-owned property that may result in the discharge of pollutants to flood control facilities to the extent feasible.

The removal of MATERIALS from DISTRICT facilities and rights of way ("MATERIALS REMOVAL") comes with safety hazards beyond those normally encountered when working with tools, equipment, etc. Potential hazards include biological material (e.g., human feces , used needles), violent encounters, and contact with other hazardous materials, including munitions.

These potential hazards require planning and coordination with other county and local agencies prior to cleanup to assure it is safe for staff to proceed.

PROCEDURE: DISTRICT's Operations Division has primary responsibility for MATERIALS REMOVAL within DISTRICT flood control facilities and/or rights of way. As such, DISTRICT's Chief of Operations Division is designated as DISTRICT REPRESENTATIVE for the purposes of MATERIALS REMOVAL and associated funding agreement. At the request of the Chief of Operations Division or his/her designee, DISTRICT's Watershed Protection Division will provide support for hazardous waste removal and reporting.

All reports of MATERIALS located within DISTRICT facilities and/or rights of way are to be directed to DISTRICT's Chief of Operations Division. The Chief of Operations Division or his/her designee, as well as DISTRICT's General Manager -Chief Engineer and Assistant Chief Engineer, may also initiate a response on DISTRICT's behalf without having received a first received a report. A report must be filed via email.

1. MATERIALS IDENTIFICATION AND NOTIFICATION
A. Upon a determination that MATERIALS are impacting DISTRICT rights of way, CITY staff shall conduct a site visit and begin documenting MATERIALS REMOVAL strategy in the Cleanup Report, including pre -MATERIALS REMOVAL photographs of the location(s).

B. Notwithstanding Chapter 8. 20 of CITY 's Municipal Code, CITY shall not declare DISTRICT's PROPERTY a public nuisance and initiate public nuisance abatement proceedings against DISTRICT. DISTRICT 's PROPERTY shall be defined as public property for purposes of CITY's Standard Operating Procedures regarding the removal of unlawful campsites, bulky items and personal property.

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C. CITY must notify DISTRICT's Chief of Operations Division via email as soon as practicable following such determination of the location(s) and nature of MATERIALS.

CITY shall attempt to make such notification at least ten (10) days prior to MATERIALS REMOVAL; however, CITY's notification shall be no less than three (3) business days prior to MATERIALS REMOVAL. The notification shall include:
i. A map depicting the location(s) of MATERIALS;
ii. The corresponding coordinates of the location(s);
iii. Site characteristics (e.g., located in a watercourse or channel, discharging into receiving waters, discharging into a storm drain); iv. Size and scope of proposed MATERIALS REMOVAL;
v. Estimated cost to complete the MATERIALS REMOVAL;
vi. Substances involved (e.g., electronic waste, oil/grease, human waste/sewage, household products, trash, fuel, chemicals, weapons/ammunition, sharps/medical waste);
vii. Approximate quantities of MATERIALS;
viii. Unique circumstances, including but not limited to the following:

MATERIALS are located in a riparian area, or one or more ramps are needed; ix. Whether proposed MATERIALS REMOVAL includes vegetation clearing; x. Investigation details;
xi. Initial photographs of MATERIALS;
xii. Description of photographs;
xiii. Whether CITY intends to perform the removal of the MATERIALS by its own forces or by procurement of a contractor; and
xiv. Proposed starting date(s) and time(s) of MATERIALS REMOVAL.

D. Chief of Operations Division or his/her designee will review the information and, as appropriate:
i. Assign an Operations Division representative to scout the site(s) and/or attend the pre-MATERIALS REMOVAL assessment;
ii. Obtain any regulatory permits and/or provide any notifications that are needed;
iii. Approve or disapprove proposed removal of vegetation. DISTRICT has mitigation areas on PROPERTY from which vegetation cannot be removed.

Notwithstanding Step Four: Clean Up contained in CITY's Administrative

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Procedure, which states, "Contractor will take every step necessary to remove vegetation from the encampment in an effort to eliminate natural shelters and increase public visibility of the encampment area," CITY and DISTRICT agree that CITY will not remov e vegetation on DISTRICT's PROPERTY unless DISTRICT expressly grants CITY permission to do so; iv. Approve proposed starting date(s) and time(s) of MATERIALS REMOVAL; v. Notify CITY if the proposed starting date(s) and/or starting time(s) of MATERIALS REMOVAL needs to be postponed; or
vi. Reassign MATERIALS REMOVAL to DISTRICT.

2. PRE-MATERIALS REMOVAL ASSESSMENT
A. Once the MATERIALS REMOVAL starting date(s) and time(s) have been set by CITY and approved by DISTRICT, CITY shall conduct a pre -MATERIALS REMOVAL assessment. The assessment shall include a determination if hazardous materials/items are present.

B. If hazardous materials/items are present or if CITY is unsure of their presence, CITY shall conduct/arrange for an onsite hazardous materials assessment. If the assessment finds MATERIALS in PROPERTY that endanger health or the environment, CITY must:
i. Immediately notify DISTRICT's Chief of Operations Division and Chief of Watershed Protection via email that a hazardous materials cleanup is needed; and
ii. Notify the appropriate agencies – which may include but is not limited to the appropriate Regional Water Quality Control Board, local Fire Department, County of Riverside Hazardous Materials Management Division and the California Office of Emergency Services – California State Warning Center – in accordance with all applicable federal, state, and local laws, rules, and regulations. CITY may request DISTRICT's assistance in notifying the appropriate agencies.

3. REMOVAL OF MATERIALS
A. If necessary, CITY shall coordinate the removal of hazardous materials from PROPERTY once the necessary permits are obtained and all required regulatory notifications are completed.

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B. CITY implements the MATERIALS REMOVAL for non-hazardous materials in accordance with appropriate procedures, including CITY's Administrative Procedure regarding the Removal of Unlawful Campsites, Bulky Items, and Personal Property, and safety guidelines once the necessary permits are obtained and all required regulatory notifications are completed.

4. CLOSEOUT
A. CITY must document the completion of MATERIALS REMOVAL strategy in the Cleanup Report, including photographs of the location(s) post-cleanup.

B. CITY must submit a completed Cleanup Report to DISTRICT within seven (7) calendar days after the completion of each MATERIALS REMOVAL.

C. CITY shall submit invoice to DISTRICT. The invoice shall include a detailed breakdown of all costs, including but not limited to:
i. The Funding Agreement tracking number;
ii. Date of the invoice;
iii. The date(s) of the MATERIALS REMOVAL;
iv. An itemization of CITY's labor and hours worked by each unique classification;
v. Contractor(s), subcontractor(s), and associated costs; and vi. Other such documents as may be necessary to establish the actual cost of the MATERIALS REMOVAL.

D. If applicable, DISTRICT's Watershed Protection Division shall document the Hazardous MATERIALS REMOVAL in the Illicit Connection/Illegal Discharge (ICID) Complaints Database and follow up with the Regional Board as necessary.

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EXHIBIT C

CLEANUP REPORT

209
For City Clerk Use Only

Contract No._________

ON CALL AGREEMENT FOR GENERAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
Project Name/Description (“Project”): As-needed, On-Call Encampment Clean Up Services Contractor Name (“Contractor”): Restore Environmental, LLC Contractor Business Type: Limited Liability Company (LLC) Contractor Address: 24930 Washington Ave #111, Murrieta, Ca 92564 Contractor Representative Name and Title (“Contractor Representative”): Ryan Lauritzen, Vice President
Contractor Representative Work Phone: (951)249-3210
Contractor Representative Email: [email protected] Termination Date: 06/30/2029
Total Not-To-Exceed Contract Amount (“Contract Sum”): $135,000 City Department Contact (“Department Contact”): Lindsay Sisti Department Contact Work Phone: (951) 461-6029
Department Contact Email: [email protected]
Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No): No

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RECITALS
The City desires to contract with a Contractor to provide services on an on -call basis as more further set forth herein.

The City circulated a Request for Quotes or Proposals for the above-described services.

Contractor submitted a quote or proposal to City to provide the above-described services.

City Staff has reviewed all the proposals and after considering the demonstrated competence of Contractor, the qualifications of Contractor, and the fairness and reasonableness of Contractor’s proposed cost, staff has determined that an agreement to provide the required services should be awarded to Contractor.

Click or tap here to enter text.

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ON-CALL AGREEMENT FOR GENERAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)

THIS AGREEMENT FOR SERVICES (“ Agreement”) is made and entered into and effective on the date executed by the City by and between CITY OF MURRIETA, a California municipal corporation (“ City”) and (“ Contractor”). City and Contractor may be referred to individually as “Party” or collectively as “Parties.” In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONTRACTOR

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “ services” or “ work” hereunder. As a material inducement to City entering into this Agreement, Contractor represents and warrants: a) it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement b) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; c) all materials used for services will be both of good quality as well as fit for the purpose intended; and, d) Contractor shall follow the highest standards and practices in performing the services required hereunder . Individual tasks under the Scope of Services shall be established on a per project basis. Upon request by City, the Contractor shall provide a detailed task proposal including pricing consistent with those hourly rates as provided in Article II, below. Contractor shall not commence work until an Task Order is issued by the City authorizing the Contractor to perform such work.

1.2 Contractor’s Proposal. The Scope of Services shall include the scope of services or work included in Contractor’s proposal or bid, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal or bid, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Contractor’s proposal or bid, other than description of scope of services or work, shall apply to this Agreement, unless specifically agreed to by City in writing.

1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered. City, and its officers, employees and agents, shall not be liable at law or in equity for failure of Contractor to comply with this Section.

1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for 212

Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work. By executing this Agreement, Contractor represents and warrants Contractor: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.

1.6 Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Contractor represents and warrants that it is familiar with and/or has inspected City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Contractor under this Agreement is compatible, and s hall be fully functional, with such infrastructure, equipment, computer system and software of City. Contractor acknowledges that City is relying on this representation by Contractor as a material consideration in entering into this Agreement.

1.7 Prevailing Wages. If services include any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq. , and if the total compensation is $1,000 or more, Contractor shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.8 Contract Modifications. Additional terms and conditions of this Agreement, if any, or any modifications or revisions to the standard terms and conditions herein are made a part hereof as set forth in the “Contract Modifications” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the flat fee and/or rates specified in Exhibit “C”, Schedule of Compensation and/or within any Task Order. The total compensation for all work, including reimbursement for actual e xpenses, shall not exceed the Contract Sum set forth above. Compensation may include reimbursement, for actual and necessary expenditures, if both are specified in the any quote or Task Order, as well as approved by City in advance.

2.2 Invoices. In any month in which Contractor wishes to receive payment, no later than the first business day of such month, Contractor shall submit to City, in a form approved by City’s Finance Director, an invoice for services rendered prior to the 213

date of the invoice. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of this Agreement. Except as provided in Sections 7.3, 7.4 and 7.5, City shall pay Contractor for all expenses stated thereon which are appro ved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty-five (45) days, from the submission of an invoice in an approved form.

In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by Contractor shall not constitute a waiver of any rights or remedies provided herein or an y applicable law. Each invoice is to include (unless otherwise specified by City) : 1) l ine items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) l ine items for all materials and equipment properly charge d to the Services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation; and 4) line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

ARTICLE 3. PERFORMANCE SCHEDULE

3.0 Time of Essence. Time is of the essence in the performance of this Agreement.

3.1 Term. The Agreement shall commence upon the Effective Date set forth above and will continue until the Termination Date. This Agreement may be extended for up to two, additional one-year periods upon the mutual agreement in writing of both parties.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of any ongoing services, which shall be no later than the Termination Date set forth above.

Notwithstanding the foregoing, the Indemnification and Insurance provisions set forth in Article 5 shall survive the termination of this Agreement.

3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written Task Order and shall perform all services within the time period(s) established in the Task Order but no later than the Termination Date.

3.3 Force Majeure. The time period(s) sp ecified in any Task Order for performance of services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricte d to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify City in writing of the causes of the delay.

conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

ARTICLE 4. COORDINATION OF WORK

4.1 Representative of Contractor. The Contractor Representative is authorized to act on Contractor’s behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputati on of the representative was a substantial inducement for City to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

4.2 Department Contact for City . The Department Contact (or other person designated by the City Manager) shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Contractor’s responsibility to assure that the Department Contact is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.

4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, are to be made (unless otherwise specified ) either by the City Representative, City Manager or by their delegate as provided for in writing.

4.4 Independent Co ntractor. Neither City , nor any of its officers, employees or agents, shall have any control over the manner or means by which Contractor, or its officers, employees, agents or subcontractors , perform the services required herein, except as otherwise set forth herein. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

Contractor shall not incur or have the power to incur any debt, obligation or liability whatever agai nst City, or bind City in any manner. Contractor represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Contractor’s exclusive control and direction.

No City employee benefits shall be available to Contractor, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement.

City shall not be liable for compensation or indemnification to Contractor, its 215

officers, employees, agents or subcontrac tors, for injury or sickness arising out of performing services hereunder.

4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Contractor shall not contract with any other entity to perform in whole or in part services required hereunder without express written approval of City , and n either this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Contractor, or any surety or insured of Contractor, of any liability hereunder without express written consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Contractor’s indemnification obligation to City, Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts set forth in the “Insurance Requirements” attached hereto as Exhibit “D” and incorporated herein by this reference.

5.2 Indemnification.
(a) General Obligations. Contractor agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “ Indemnitee” and collectively, “ Indemnitees”) against, and will hold and save them and each of t hem harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “ Claims or Liabilities ”) that may be asserted or claimed by any person, firm or agency arising out of or in connection with the performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or City for which Contractor is legally liable (each an “Indemnitor” and collectively, “Indemnitors”), and in connection therewith: 1) Contractor will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Contractor will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.

Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Contractor and shall survive terminat ion of this Agreement.

Contractor shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Contractor fails to do so Contractor shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City 216

Parties (collectively “City” for solely this Section 5. 2(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof.

Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Contractor and City, as to whether liability arises from the sole negligence or willful misconduct of City, Contractor will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct. Contractor will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION

6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (“books and records ”) as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and r ecords shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily accessible . City shall have full and free access to such books and records at all times during normal business hour s of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained for a period of three (3) years following completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Contractor shall fully cooperate with City in providing access to any and all Contractor records and documents if a public records request is made and disclosure is required by law including but not limited to the C alifornia Public Records Act.

6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“ documents and materials ”) prepared by Contractor, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership , use, reuse, or assignment of the documents and materials hereunder. Contractor may retain copies of such documents and materials for its own use. Contractor shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Contractor fails to secure such as signment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Contractor documents and 217

materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.

6.3 Confidentiality and Release of Information. All information gained or work product produced by Contractor in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor immediately gives City notice of such court order or subpoena. If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. As concerning, r egarding or related to, in any way, this Agreement and the work performed thereunder: a) Contractor shall immediately notify City should Contractor, its officer s, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party ; b) City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding; and, c) Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery r equests provided by Contractor, however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.

7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section

suspension is due to the fault of Contractor, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination or suspension, Contractor shall immediately cease all services hereunder , unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2.2, Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the any Task Order, or such as may be approved by City, except as provided in Section 7.5. In event of termination , or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.

7.3 Default of Contractor and Opportunity to Cure. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively t en (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices , without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default by conclusion of noticed timeframe , City may immediately both terminate this Agreement with notice to Contractor as well as pursue the remedy in Section 7.4, without prejudice to any other rem edy to which City may be entitled at law, in equity or under this Agreement . Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

7.4 Termination for Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provi sions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor for the purpose of set-off or partial payment of the amounts owed City therefor.

7.5 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabili ties, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any 219

indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.6 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it , at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

7.8 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, cor rect or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether lega l or equitable, shall be entitled to reasonable attorneys ’ fees. Attorneys’ fees shall include attorneys ’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, Contractors’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such 220

litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due t o Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of serv ices under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Contractor written notice describing the conflict. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, s exual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the Uni ted States Mail, certified mail, postage prepaid, return receipt requested, in the case of 221

City addressed to City Clerk at City of Murrieta, 1 Town Square, Murrieta California 92562, and in the case of Contractor, to the person(s) at the address designated on the cover page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agre ement, headings used, or any other rule of construction which might otherwise apply.

9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement . It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and by City.

9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 No Undue Influence. Contractor declares and warrants that no undue influence or pressure was used ag ainst or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.

9.7 Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, 222

(iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into thi s Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

9.8 Federal Funding. If federal funding is being utilized to fund any part of the Project, as indicated on the Cover Page of this Agreement, the terms of Exhibit D are hereby incorporated herein by this reference. If no federal funding is being utilized, Exhibit D may be omitted.

[SIGNATURES ON FOLLOWING PAGE]
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01375.0001 980288.3 -14-

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF MURRIETA ATTEST:

By:_____________________________ By:_____________________________ Justin Clifton, City Manager Cristal McDonald, City Clerk Date: ___________________________ Date: ___________________________

APPROVED AS TO FORM

ALESHIRE & WYNDER, LLP
By: ____________________________
Tiffany Israel, City Attorney

CONTRACTOR:

By:_____________________________ By:_____________________________ Name: Ryan Lauritzen Name: Click or tap here to enter text.

Title: Vice President Title: Click or tap here to enter text.

Date: ___________________________ Date: ___________________________

Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chair person of the Board, President or any Vice P resident; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or regulations applicable to Contractor’s business City.

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EXHIBIT "A"

SCOPE OF SERVICES
I. Contractor will perform the following Services on an On-Call Basis:

1. Site Cleanup Mobilization Per Site- $199

2. Site Cleanup Labor Each Hour- $229 one crew member, $115 each 2+ crew members

3. Biohazard Technician (if applicable) Each Hour- $115

4. Vehicle with Dump Trailer Per Day- $449

5. Equipment Operator (if needed) $115 per hour

6. Backhoe, Bobcat $685 per day

7. Bio Hazardous Material- quoted on case by case basis

II. Contractor must perform all on -call Services in compliance with the following requirements:

A. Each task shall be indicated by a written request (“ Task Order”) produced by the Department Co ntact with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement. The Task Order may take the form or title of a “Purchase Order.” In the event of a conflict between the provision of any Task Order and any term of this Agreement, the provisions of this Agreement shall prevail.

B. Contractor must prepare a written description of the requested tasks including all components and subtasks; the costs to p erform the task (“Task Budget”), using the itemized fees as set forth in Exhibit “C”; explain how the cost was determined; and, a schedule for completion of the task (“Task Completion Date”); which shall all collectively be referred to as the “Task Proposal”.

C. Department Contact shall in writing approve, modify or reject the Task Proposal, and may issue a Task Order.

D. The task shall be performed at a cost not to exceeding the Task Budget.

E. Contractor shall complete the task and deliver all deliverables to Department Contact by the Task Completion Date.

III. All work product is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

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01375.0001 980288.3 145610

EXHIBIT "B"

CONTRACT MODIFICATIONS
(Superseding Contract Boilerplate)

Exhibit D section 5 for Cyber Liability Insurance is hereby waived.

Exhibit D is hereby amended to include a new section 4 to read as follows:

"Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim and $2,000,000 policy aggregate."
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EXHIBIT “C”

I. The Scope of Work set forth herein shall be compensated for in the following manner:
☒ Multiple flat rates for different specified services as set forth in Exhibit “A.” ☒ An hourly rate for some or all of the proposed services as set forth in Exhibit “A.” II. The total compensation for all Services shall not exceed the Contract Sum as provided in the Cover Page of this Agreement.

III. Contractor’s billing rates for any hourly Services are set forth in Exhibit “A.” In connection with the services provided pursuant to the terms of this Agreement, City will pay Contractor upon City’s rece ipt of a written invoice provided by Contractor no more than monthly. City will pay Contractor for work completed, billed in increments of six minutes (0.1 hours), not to exceed the Contract Sum. The City will reimburse the Contractor for reasonable out -of-pocket expenses related to performing services set forth in exhibit “A” that are approved in advance in writing by the City such as mileage, copies, binding costs, postage, parking, travel, and lodging expenses as part of the not to exceed Contract Sum. T o receive reimbursements, the Contractor must provide the City with a receipt and a description of the expense incurred along with the invoice. No mark up on expenses may be added.

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EXHIBIT D

INSURANCE REQUIREMENTS

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO C G 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Contractor provides written verification it has no employees)

5. Cyber: Vendor/Contractor shall procure and maintain for the duration of the contract insurance against claims for se curity breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.

01375.0001 980288.3
including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic in formation, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

If the Contractor maintains broader co verage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non -contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute w ith it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non -contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
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Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any en dorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self -insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional In sured Parties. City may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide th at Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to 230

01375.0001 980288.3
obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained , and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
City reserves the right to modify these requir ements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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For City Clerk Use Only

Contract No._________

ON CALL AGREEMENT FOR GENERAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
Project Name/Description (“Project”): As-needed, On-Call Encampment Clean Up Services Contractor Name (“Contractor”): Hunter’s Consulting, Inc. dba HCI Environmental Contractor Business Type: Corporation
Contractor Address: 1680 Commerce St. Corona, Ca 92880
Contractor Representative Name and Title (“ Contractor Representative”): Gregory J. Parker, President CEO
Contractor Representative Work Phone: (951)280-0298
Contractor Representative Email: [email protected]
Termination Date: 06/30/2029
Total Not-To-Exceed Contract Amount (“Contract Sum”): $225,000 City Department Contact (“Department Contact”): Lindsay Sisti Department Contact Work Phone: (951) 461-6029
Department Contact Email: [email protected]
Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No): No

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RECITALS
The City desires to contract with a Contractor to provide services on an on -call basis as more further set forth herein.

The City circulated a Request for Quotes or Proposals for the above-described services.

Contractor submitted a quote or proposal to City to provide the above-described services.

Click or tap here to enter text.

233

ON-CALL AGREEMENT FOR GENERAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)

THIS AGREEMENT FOR SER VICES (“ Agreement”) is made and entered into and effective on the date executed by the City by and between CITY OF MURRIETA, a California municipal corporation (“ City”) and (“ Contractor”). City and Contractor may be referred to individually as “Party” or collectively as “Parties.” In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONTRACTOR

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

ARTICLE 3. PERFORMANCE SCHEDULE

3.0 Time of Essence. Time is of the essence in the performance of this Agreement.

Notwithstanding the foregoing, the Indemnification and Insurance provisions set forth in Article 5 shall survive the termination of this Agreement.

conclusive upon th e Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

ARTICLE 4. COORDINATION OF WORK

4.1 Representative of Contractor. The Contractor Representative is authorized to act on Contractor’s behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, are to be made (unless otherwise specified) either by the City Representative, City Manager or by their delegate as provided for in writing.

Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Contractor represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Contractor’s exclusive control and direction.

No City employee benefits shall be available to Contractor, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement.

City shall not be liable for compensation or ind emnification to Contractor, its 237

officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder.

4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Contractor shall not contract with any other entity to perform in whole or in part services required hereunde r without express written approval of City , and n either this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Contractor, or any surety or insured of Contractor, of any liability hereunder without express written consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Contractor’s indemnification obligation to City, Contractor shall procure and maintain, at its sol e cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts set forth in the “Insurance Requirements” attached hereto as Exhibit “D” and incorporated herein by this reference.

5.2 Indemnification.
(a) General Obligations. Contractor agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “ Indemnitee” and collectively, “ Indemnitees”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or prop erty, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “ Claims or Liabilities ”) that may be asserted or claimed by any person, firm or agency arising out of or in connection with the performance of the work, operations or act ivities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or City for which Contractor is legally liable (each an “Indemnitor” and collectively, “Indemnitors”), and in connection therewith: 1) Contractor will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemn itee(s) in connection therewith; and, 2) Contractor will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.

Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Contractor and shall survive termination of this Agreement.

Parties (collectively “City” for solely this Section 5. 2(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver he reof.

ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION

6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (“books and records ”) as shall be necessary to perform the services required by this Agreem ent and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily accessible . City shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained for a period of three (3) year s following completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Contractor shall fully cooperate with City in providing access to any and all Contractor records and documents if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, r eports, records, documents and other materials (“ documents and materials ”) prepared by Contractor, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership , use, reuse, or assignment of the documents and materials hereunder. Contractor may retain copies of such documents and materials for its own use. Contractor shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Contractor documents and 239

materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.

6.3 Confidentiality and Release of Information. All information gained or work product produced by Contractor in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without pr ior written authorization from City. Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of s upport, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor immediately gives City notice of such court order or subpoena. If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity fr om Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. As concerning, r egarding or related to, in any way, this Agreement and the work performed thereunder: a) Contractor shall immediately notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, co urt order or subpoena from any party ; b) City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding; and, c) Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor, however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section

litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]
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01375.0001 980288.3 -14-

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF MURRIETA ATTEST:

By:_____________________________ By:_____________________________ Justin Clifton, City Manager Cristal McDonald, City Clerk Date: ___________________________ Date: ___________________________

APPROVED AS TO FORM

ALESHIRE & WYNDER, LLP
By: ____________________________
Tiffany Israel, City Attorney

CONTRACTOR:

By:_____________________________ By:_____________________________ Name: Gregory J. Parker Name: Click or tap here to enter text.

Title: President & CEO Title: Click or tap here to enter text.

Date: ___________________________ Date: ___________________________

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01375.0001 980288.3

EXHIBIT "A"

SCOPE OF SERVICES
I. Contractor will perform the following Services on an On-Call Basis:

1. Site Cleanup Mobilization Per Site- $220

2. Site Cleanup Labor Each Hour- $130

3. Biohazard Technician (if applicable) Each Hour- $130

4. Vehicle with Dump Trailer Per Day- $350

5. Hazardous/Bio Hazardous Disposal- cost +25%

Equipment / Service Unit Cost
Dump Truck Per Hour $85.00
Stake Bed Truck Per Hour $85.00
Equipment Truck (Portal to Portal) Per Hour $65.00
Wheeled Skid Steer w/ Grappler Bucket Per Day $725.00
Pressure Washer Per Day $350.00
Industrial Grade Disinfectant Per Gallon $25.00
Roll Off Bin w/ Driver (Portal to Portal) Per Hour $320.00 Roll Off Bin Rental Per Day $35.00
Skid Steer Mobilization Flat Rate $225.00
Skid Steer Demobilization Flat Rate $225.00
II. Contractor must perform all on -call Services in compliance with the following requirements:

A. Each task shall be indicated by a written request (“ Task Order”) produced by the Department Contact with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement. The Task Order m ay take the form or title of a “Purchase Order.” In the event of a conflict between the provision of any Task Order and any term of this Agreement, the provisions of this Agreement shall prevail.

B. Contractor must prepare a written description of the requ ested tasks including all components and subtasks; the costs to perform the task (“Task Budget”), using the itemized fees as set forth in Exhibit “C”; explain how the cost was determined; and, a schedule for completion of the task (“Task Completion Date”); which shall all collectively be referred to as the “Task Proposal”.

C. Department Contact shall in writing approve, modify or reject the Task Proposal, and may issue a Task Order.

D. The task shall be performed at a cost not to exceeding the Task Budget. 247

01375.0001 980288.3 145610

E. Contractor shall complete the task and deliver all deliverables to Department Contact by the Task Completion Date.

III. All work product is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

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EXHIBIT "B"

CONTRACT MODIFICATIONS
(Superseding Contract Boilerplate)

Exhibit D section 5 for Cyber Liability Insurance is hereby waived.

Exhibit D is hereby amended to include a new section 4 to read as follows:

01375.0001 980288.3 145610

EXHIBIT “C”

III. Contractor’s billing rates for any hourly Services are set forth in Exhibit “A.” In connection with the services provided pursuant to the terms of this Agreement, City will pay Contractor upon City’s receipt of a written invoice provided by Contractor no more than monthly. City will pay Contractor for work completed, billed in increments of six minutes (0.1 hours), not to exceed the Contract Sum. The City will reimburse the Contractor for reasonable out -of-pocket expenses related to performing services set forth in exhibit “A” that are approved in advance in writing by the City such as mileage, copies, binding costs, postage, parking, travel, and lodging expenses as part of the not to exceed Contract Sum. To receive reimbursements, the Contractor must provi de the City with a receipt and a description of the expense incurred along with the invoice. No mark up on expenses may be added.

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EXHIBIT D

INSURANCE REQUIREMENTS

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

5. Cyber: Vendor/Contractor shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to los s, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.

01375.0001 980288.3
including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private inf ormation, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non -contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non -contributory, additional in sured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial Gen eral Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
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01375.0001 980288.3

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to su brogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self -insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will sat isfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be ma intained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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CITY OF MURRIETA
City Council Meeting Agenda
Report
7/7/2026
Agenda Item No. 9.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Scott Agajanian, Deputy City Manager/Economic Development Director PREPARED BY: Martha Coleman, Management Analyst
SUBJECT:

Murrieta Innovation Center Tenant Improvements Capital Improvement Project (CIP) 21029

ABSTRACT
The Murrieta Innovation Center project is nearing completion; however, additional funding is requested to complete the remaining work..

RECOMMENDATION
Amend the Fiscal Year 2025/26 Capital Improvement Budget for CIP No. 21029 to increase the expenditure budget by $350,000 using General Fund Capital Unassigned Fund Balance; and Authorize the City Manager to approve: (i) a contract amendment in a form approved by the City Attorney’s office, an amended purchase order and task budget for RWBID/The Cumming Group Construction Management LLC, (ii) a contract amendment in a form approved by the City Attorney’s office, an amended purchase order and task budget for the general contractor, Optima RPM, Inc, and (iii) an amended agreement in a form approved by the City Attorney’s office, purchase order, and task budget for the design team, BAM Creative; and
Authorize the City Manager to execute the contract amendments described above.

PRIOR ACTION/VOTE
On October 20, 2020, the City Council adopted Resolution No. 20-4321, authorizing submittal of a grant funding application to the U.S. Economic Development Agency for the purpose of constructing a wet lab, dry lab, and additional tenant improvements in the Murrieta Innovation Center; and authorized the Mayor to execute a commitment letter as part of the grant application package (Vote: 5-0).

On February 15, 2022, the City Council adopted Resolution No. 22-4520, authorizing the Mayor to sign a Lien Acknowledgement Letter to the United States Economic Development Administration for the Murrieta Innovation Center (Vote: 5-0).

On May 17, 2022, City Council adopted Resolution No. 22-4568, entitled: A Resolution of the City Council of the City of Murrieta, California, Accepting the U.S. Department of Commerce’s Economic Development CITY OF MURRIETA Printed on 7/2/2026Page 1 of 3
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Agenda Item No. 9.
the City of Murrieta, California, Accepting the U.S. Department of Commerce’s Economic Development Agency’sGrant for $2,429,910 to Support Extensive Real Estate Improvements to the Murrieta Innovation Center; Authorizing City Manager to Execute All Grant Related Documents, and Amending the Capital Improvement Plan Budget to Allocate and Appropriate the Grant Funds (Vote: 5-0).

On February 18, 2025, the City Council approved a construction contract with Optima RPM, Inc., for the Murrieta Innovation Center (MIC) tenant improvement project, for a total not-to-exceed amount of $3,668,059.37. The City Council also approved a $155,000 purchase order for RWBID Construction Management, LLC, to provide construction management services, including labor compliance, for the MIC tenant improvements. Lastly, the City Council also approved an additional contingency of $324,888.84 for unanticipated expenditures, bringing the total construction budget to $4,147,948.21 (Vote: 5-0).

On December 16, 2025, the City Council authorized the reallocation of funding within the current budget for project completion, specifically for construction and construction management; and authorized the City Manager to approve an amended purchase order and task budget for RWBID Construction Management LLC, as well as a change order and a purchase for the general contractor, Optima RPM, Inc. (Vote: 5-0).

STRATEGIC ALIGNMENT
This item aligns with the City Council goal to aggressively pursue economic development relating to priority Tier 1. The project is included in the City of Murrieta Capital Improvement Plan (Fiscal Years 2024/25-2028/29) as the Murrieta Innovation Center Upgrades project.

DISCUSSION
In 2022, the City of Murrieta was awarded grant funding from the U.S. Economic Development Agency (EDA) for the purpose of constructing a wet lab, dry lab, and additional tenant improvements to renovate the Murrieta Innovation Center into a best-in-class life science start-up incubator and a driver of job creation in Southwest Riverside County. The design was completed at the end of 2024, and construction began in March 2025 by Optima RPM, Inc.

The initial construction schedule estimated project completion in October 2025. However, as work progressed, unforeseen site conditions and necessary adjustments to the interior improvements emerged, requiring the use of additional contingency funding to complete the project as planned.

Multiple change orders resulted in the use of a substantial percentage of the current contingency budget. The prior change orders also had an impact on the progress of the project, which has extended the anticipated project completion date to the third quarter of 2026.

The project’s change orders and Errors & Omissions during construction will result in overruns of approximately 22%, or $829,888.84, over the original contract value. As a result, an additional $350,000 in funding is needed to complete the remaining change order work. The anticipated final Contract amount is $4,497,948.21, of which $2,429,910.00 is from the EDA.

PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

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Agenda Item No. 9.

FISCAL IMPACT
Staff recommends amending the Fiscal Year 2025/26 Capital Improvement Budget for CIP No. 21029 to increase the expenditure budget by $350,000 using General Fund Capital (Fund 112) Unassigned Fund Balance.

ATTACHMENTS
None.

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CITY OF MURRIETA
City Council Meeting Agenda
Report
7/7/2026
Agenda Item No. 10.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Scott Agajanian, Deputy City Manager/Economic Development Director PREPARED BY: Martha Coleman, Management Analyst
SUBJECT:

Professional Services Agreement - Market Research and Data Analysis

ABSTRACT
Approval of an agreement for market research and analysis services to support the City’s economic development efforts by providing data-driven insights, identifying market opportunities, and assisting with business attraction and retention strategies.

RECOMMENDATION
Approve a two-year agreement for market research and analysis services with up to two (2) one-year optional extensions with The Retail Coach, LLC for a total contract amount not-to-exceed $110,000, over the entire contract term; and
Authorize the Mayor to execute the agreement.

PRIOR ACTION/VOTE
On April 16, 2024, the City Council authorized the City Manager to enter into a two-year agreement for market research and analysis services with up to three (3) one-year optional extensions with The Retail Coach, LLC, in a form acceptable to the City Attorney (Vote: 5-0).

STRATEGIC ALIGNMENT
This item aligns with the City Council goal of to: aggressively pursue economic development relating to priority Tier 3. The goal of the Retail Market Analysis is to analyze the Murrieta retail market, to identify retail gaps and growth opportunities, proactively recruit new businesses to Murrieta, and provide ongoing support for business and industry recruitment and community development.

DISCUSSION
On April 13, 2026, the City issued a Request for Proposal (RFP) and received three (3) proposals. Following an evaluation of the submissions, one (1) proposal was determined to be non-responsive, and two (2) proposals were deemed responsive. After a thorough review of the responsive proposals, The Retail Coach CITY OF MURRIETA Printed on 7/2/2026Page 1 of 2
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Agenda Item No. 10.
was identified as the lowest, most responsible proposer and is recommended for award.

Proposal Received -
Company Name
Cost Proposal Total Cost
Retail Strategies 1st Year - $54,930 2nd Year -
$54,930 (plus reimbursable
expenses)
$109,860 for 2 years (plus
reimbursable expenses)
The Retail Coach Annual cost - $25,000 (plus
$2,500 in
reimbursable expenses)
$55,000 for 2 years
Placer.AI Unresponsive

PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

FISCAL IMPACT
Budget for this Agreement is available in the Fiscal Year 2026/27 Operating Budget in General Ledger Account 1114100-63120. The Retail Coach proposal's annual cost is $25,000 (plus $2,500 in reimbursable expenses) for a total of $55,000 for a two-year period. The $110,000 contract amount is for the two-year period, plus the two (2) one-year extensions. The cost for future years of the Agreement will be included in subsequent Biennial budgets.

ATTACHMENTS
ATT 1 - The Retail Coach Agreement
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For City Clerk Use Only

Contract No._________

AGREEMENT FOR PROFESSIONAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
Project Name/Description (“Project”): Market Research & Data Analysis Professional Services Consultant Name (“Consultant”): The Retail Coach
Consultant Business Type: Limited Liability Company (LLC) Consultant Address: P.O. Box 7272, Tupelo MS 38802
Consultant Representative Name and Title (“ Consultant Representative ”): Aaron Farmer, President
Consultant Representative Work Phone and Email: 662-231-0608, [email protected] Termination Date: The term of this Agreement shall be from 07/01/26 until 06/30/2028, with two one-year options to extend by the City Manager.

Total Not-To-Exceed Contract Amount (“Contract Sum”): $110,000.00 City Department Contact (“Department Contact”): Martha Coleman Department Contact Work Phone: 951-461-6021
Department Contact Email: [email protected]
Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No): No

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RECITALS
The City desires to contract with a Consultant to provide professional services as more further set forth herein.

The City circulated a Request for Quotes or Proposals for the above-described professional services.

Consultant submitted a proposal to City to provide the above -described professional services.

City Staff has reviewed all the proposals and after considering the demonstrated competence of Consultant, the professional qualifications of Consultant, and the fairness and reasonableness of Consultant’s proposed cost, staff has determined that an agreem ent to provide the required services should be awarded to Consultant.

Click or tap here to enter text.

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AGREEMENT FOR PROFESSIONAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)

THIS AGREEMENT FOR SERVICES (“Agreement”) is made and entered into as of the effective on the date executed by the City by and between CITY OF MURRIETA, a California municipal corporation (“ City”) and THE RETAIL COACH, a Mississippi limited liability company (“Consultant”). City and Consultant may be referred to individually as “ Party” or collectively as “Parties.” In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services ” or “ work” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants: a) it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement b) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; c) all materials used for services will be both of good quality as well as fit for the purpose intended; and, d) Consultant shall follow the highest professional standards and practices in performing the services required hereunder.

1.2 Consultant’s Proposal. The Scope of Services shall include the scope of services or work included in Consultant’s proposal or bid, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal or bid, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Consultant’s proposal or bid, other than description of scope of services or work, shall apply to this Agreement, unless specifically agreed to by City in writing.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the services required by this Agreement, and shall 262

indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work. By executing this Agreement, Consultant represents and warrants Consultant: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.

1.6 Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it is familiar with and/or has inspected City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastruc ture, equipment, computer system and software of City . Consultant acknowledges that City is relying on this representation by Consultant as a material consideration in entering into this Agreement.

1.7 Prevailing Wages. If services include any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, s ection 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.8 Contract Modifications. Additional terms and conditions of this Agreement, if any, or any modifications or revisions to the standard terms and conditions herein are made a part hereof as set forth in the “Contract Modifications” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the rates specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference . The total compensation for all work, including reimbursement for actual expenses, shall not exceed the Contract Sum set forth above . Compensation may include reimbursement, for actual and necessary expenditures , if both are specified in the Schedule of Compensation, as well as approved by City in advance.

2.2 Invoices. Unless some other method of payment is specified in Exhibit C, Schedule of Compensation, in any month in which Consultant wishes to receive payment, no later than the first business day of such month, Consultant shall submit to City, in a form approved by City’s Finance Director, an invoice for services rendered prior 263
to the date of the invoice. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this Agreement. Except as provided in Sections 7.3, 7.4 and 7.5, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty- five (45) days, from the submission of an invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City) : 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the Services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation; and 4) line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

ARTICLE 3. PERFORMANCE SCHEDULE

3.0 Time of Essence. Time is of the essence in the performance of this Agreement.

3.1 Term. The Agreement shall commence and become effective upon the date executed by the City and will continue until the Termination Date. This Agreement may be extended for up to two additional one-year periods upon the execution of an amendment to this agreement.

Notwithstanding the foregoing, the Indemnification and Insurance provisions set forth in Article 5 shall survive the termination of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed from City and shall perform all services within the time period(s) established in Exhibit A.

3.3 Force Majeure. The time period(s) specified in Exhibit A for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant , including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify City in writing of the causes of the delay.

conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of this Agreement pursuant to this Section.

ARTICLE 4. COORDINATION OF WORK

4.1 Representative of Consultant. The Consultant Representative is authorized to act on Consultant’s behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.

4.2 Department Contact for City . The Department Contact (or other person designated by the City Manager) shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Consultant ’s responsibility to assure that the Department Contact is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.

4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, are to be made (unless otherwise specified) either by the Department Contact, City Manager or by their delegate as provided for in writing.

4.4 Independent Co ntractor. Neither City , nor any of its officers, employees or agents, shall have any control over the manner or means by which Consultant , or its officers, employees, agents or subcontractors , perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Consultant’s exclusive control and direction.

No City employee benefits shall be available to Consultant, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement.

employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System, to be classified as other than an independent contractor for City, then Consultant shall indemnify, defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Consultant , or any officer, employee, agent, or subcontractor Consultant used to provide services under this Agreement, is/are employees of City.

4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Consultant shall not contract with any other City to perform in whole or in part services required hereunder without express written approval of City, and n either this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Consultant’s indemnification obligation to City, Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts set forth in the “Insurance Requirements” attached hereto as Exhibit “D” and incorporated herein by this reference.

5.2 Indemnification.
(a) General Obligations. Except as set forth for Design Professionals below, Consultant agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “Indemnitee” and collectively, “Indemnitees”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, loss es, costs, penalties, obligations, errors, omissions or liabilities (herein “Claims or Liabilities”) that may be asserted or claimed by any person, firm or City arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (each an “ Indemnitor” and collectively, “Indemnitors”), or arising from Indemnitors’ reckless or willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
1) Consultant will defen d any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse 266

and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Consultant will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom. (b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive termination of this Agreement. Consultant shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Consultant fails to do so Consultant shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively “City” for solely this Section 5. 2(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful misconduct, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professi onal. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoi ces by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence or willful misconduct of City, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. (c) Pursuant to the full language of California Civil Code §2782, and only if Consultant qualifies as a D esign Professional , Consultant agrees to indemnify, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this i ndemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any passive negligence of the City unless caused at least in part by the Consultant. The City agrees that in no event shall the cost to defend charged to the Consultant exceed Consultant’s proportionate percentage of fault.

This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

5.3 Professional Liability. When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Indemnitees against, and will hold and save them and each of them harmless from , whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in this Section 267

5.3, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services under this Agreement.

ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (“books and records ”) as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily accessible. City shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained for a period of three (3) years following completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing access to any and all Consultant records and documents if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“documents and materials ”) prepared by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership, use, reuse, or assignment of the documents and materials hereunder. Consultant may retain copies of such documents and materials for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Consultant documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.

6.3 Confidentiality and Release of Information. All information gained or work product produced by Consultant in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City . Consultant, its officers, employees, agents or subcontractors, shall not, without prior wri tten authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters 268

of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant immediately gives City notice of such court order or subpoena. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. As concerning, r egarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant , however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.

7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section

7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days’ notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined by City . Upon receipt of any notice of termination or suspension, Consultant shall immediately cease all services hereunder , unless the notice provides otherwise, or except such as specifically approved by City . Upon submittal of an invoice consistent with Section 2. 2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such a s may be approved by City, except as provided in Section 7.5. In event of termination, or suspension, 269

without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.

7.3 Default of Consultant and Opportunity to Cure. In the event that Consultant is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively ten (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices , without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default by conclusion of noticed timeframe , City may immediately both terminate this Agreement with notice to Consultant as well as pursue the remedy in Section 7.4, without prejudice to any other rem edy to which City may be entitled at law, in equity or under this Agreement . Any failure on the part of City to give notice of Consultant ’s default shall not be deemed to r esult in a waiver of City ’s legal rights or any rights arising out of any provision of this Agreement.

7.4 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such dama ges), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City therefor.

7.5 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, cost s, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.

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7.6 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non- compliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

7.8 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code s ections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys ’ fees. Attorneys’ fees shall include attorneys ’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, consultants ’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such 271

litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Consultant written notice describing the conflict. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, r eligion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

ARTICLE 9. MISCELLANEOUS PROVISIONS

City addressed to City Clerk at City of Murrieta, 1 Town Square, Murrieta California 92562, and in the case of Consultant, to the person(s) at the address designated on the cover page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy- two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement , headings used, or any other rule of construction which might otherwise apply.

9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the P arties as to the Agreement . It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties , concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City.

9.6 No Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the awar d of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.

(iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

9.8 Federal Funding. If federal funding is being utilized to fund any part of the Project, as indicated on the Cover Page of this Agreement, the terms of Exhibit “E” are hereby incorporated herein by this reference. If no federal funding is being utilized, Exhibit E may be omitted.

[SIGNATURES ON FOLLOWING PAGE]
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01375.0021 2155663.1 -15-

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF MURRIETA ATTEST:

By:_____________________________ By:_____________________________ Jon Levell, Mayor Cristal McDonald, City Clerk
Date: ___________________________ Date: ___________________________

APPROVED AS TO FORM

ALESHIRE & WYNDER, LLP
By: ____________________________
Tiffany Israel, City Attorney

CONSULTANT:

By:_____________________________ By:_____________________________ Name: Aaron Farmer Name: Aaron Farmer
Title: President Title: President
Date: ___________________________ Date: ___________________________

Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chair person of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or regulations applicable to Contractor’s business City.

275

01375.0021 2155663.1

EXHIBIT A

SCOPE OF SERVICES
I. Consultant will perform the following Services:

See Attachment 1; references to “The Retail Coach” refer to the Consultant.

II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

276
PROPOSAL: RETAIL RECRUITMENT CONSULTANT SERVICES 10
Retail Market Analysis
Custom Retail Trade Area Analysis + Mobile Location Data Mobile Location Data has become a powerful tool for retail, restaurant, and entertainment concept site VHOHFWLRQSURFHVVHV:HZLOOXWLOL]HGDWDWRFRQȴUPWKHSULPDU\ UHWDLOWUDGHDUHDEXWDOVRWRHYDOXDWH VSHFLȴFORFDWLRQFRQVXPHUGUDZDQGSHUIRUPDQFH7KLVFDQDOVRE HKHOSIXOIRUH[LVWLQJEXVLQHVVHVWRNQRZ how they stack up against their competition and to visualize cannibalization.

Due to changes in privacy laws and mobile location da ta providers report availability, our mobile location data reports maybe limited to week-long periods for custom points-of-interest or polygons. More granular reports to measure weekend or single-day events may no longer be available.

Demographic + Psychographic Analysis
2XUGHPRJUDSKLFSURȴOHVLQFOXGHSRSXODWLRQDQGSURMHFWHGSRSXOD WLRQJURZWKHWKQLFLW\DYHUDJHDQG median household incomes, median age, households and household growth, and educational attainment. :HZLOOFUHDWHFRPSUHKHQVLYH&HQVXVDQG 'HPRJU DSKLF3URȴOHVIRUWKH5HWDLO7UDGH$UHD
and Murrieta community.

Submarket Analysis
Every community has multiple retail submarkets. Having a strong understanding of your community’s submarkets and what drives retail in each submarket is vital to overall retail recruitment success.

We will provide a Submarket Analysis highlighting key areas of focus for retail growth, development, or UHGHYHORSPHQWDQGDQDO\]HH[LVWLQJUHWDLOFDQQLEDOL]DWLRQH΍HF WVRIQHZEXVLQHVVHVDQGVXEPDUNHW viability in relation to Murrieta as a whole.

Downtown Murrieta
The Retail Coach will place an emphasis on the Downtown submarket to assist with identifying and UHFUXLWLQJQHZUHVWDXUDQWVDQGEXVLQHVVHVWRȴOOH[LVWLQJYDFDQFLHVLQWKLVDUHD&XVWRPWUDGHDUHD UHSRUWVZLOOEHFUHDWHGDORQJZLWKDWDLORUHGUHFUXLWPHQWVWUDWHJ\WKDWZLOOEHGRZQWRZQVSHFLȴFDQG GL΍HUIURPFLW\ZLGHUHWDLOUHFUXLWPHQWH΍RUWV
SCOPE OF WORK - TASK 1
Attachment 1
277
PROPOSAL: RETAIL RECRUITMENT CONSULTANT SERVICES 11
Determining Retail Opportunities
Retail GAP + Demand Analyses
One way to quantify retail opportunity is through a Retail Demand Analysis, which provides a summary of the primary projected retail demand growth — or opportunities — for 68 retail sectors. The analysis is ultimately used to identify recruitment targets for the community. The Retail Coach will also compare the demand to current sales projects to generate a GAP or retail leakage report. This will help identify which sectors are strengths or currently under served by the existing retail market.

Consumer Report
7KH5HWDLO&RDFKZLOOSHUIRUPD0DUΑLQDO3URSHQVLW\,QGH[DQDO\ VLVWRPHDVXUHWKHOLNHO\GHPDQGIRUD product or service in an area. The analysis compares the expected number of local consumers to the QDWLRQDOGHPDQGIRUDSDUWLFXODUSURGXFWRUVHUYLFH7KHUHVXOW LQΑ0DUΑLQDO3URSHQVLW\,QGH[ 03,

SURYLGHVLQVLΑKWLQWRWKH0XUULHWDFRQVXPHUPDUNHWDQGLGHQWLȴH VNH\SURGXFWVVHUYLFHVWKDWDUHLQKLΑK demand.

SCOPE OF WORK - TASK 2
Identifying Development /
Redevelopment Opportunities
Site Identiﬁcation
Retailers are interested not only in the market data on your community, but also in evaluating all available SURSHUW\YDFDQFLHVDQGVLWHVWKDWȴWWKHLUORFDWLRQSUHIHUHQFHV 6XFFHVVIXOUHWDLOUHFUXLWPHQWEHJLQVWR KDSSHQZLWKWKHLQWURGXFWLRQRIDYDLODEOHVLWHV:HZLOOLGHQWL I\SULRULW\UHWDLOYDFDQFLHVDQGGHYHORSPHQW redevelopment sites to market, as well as evaluate their highest and best use.

Retail Site Proﬁles
$FULWLFDOVWHSLQDWWUDFWLQJUHWDLOLVSURYLGLQJDFFXUDWHDQG FXUUHQWLQIRUPDWLRQRQHDFKLGHQWLȴHGYDFDQF\ and site. The Retail Coach ZLOOFUHDWHD5HWDLO6LWH3URȴOHIRUHDFKLGHQWLȴHGYDFDQF\DQ GVLWHZLWKFXUUHQW VLWHVSHFLȴFLQIRUPDWLRQLQFOXGLQJ

SCOPE OF WORK - TASK 3
• Location
• Aerial Photography
•S i t e P l a n
• 'HPRJUDSKLF3URȴOH
• Property Size & Dimensions
• 7UDɝF&RXQWV
• Appropriate Contact Information
278
PROPOSAL: RETAIL RECRUITMENT CONSULTANT SERVICES 12
Identifying Retailers &
Developers for Recruitment
Identifying Potential Retailers
7KH5HWDLO&RDFKZLOOWDUJHWQDWLRQDODQGUHJLRQDOUHWDLOEUDQG VWKDWDUHDJRRGȊȴWȋIRUWKHFRPPXQLW\ This means that the Retail Trade Area population, disposable incomes, consumer spending habits, and education levels meet the retailers’ ideal location criteria. 7KH5HWDLO&RDFKZLOOGHYHORSDQGUHYLHZDPDVWHUOLVWRISRWHQ WLDOUHWDLOHUVZLWK0XUULHWDVWD΍DQGZRUN WRJHWKHUWRSUHSDUHDȴQDOWDUJHWOLVWRIUHWDLOHUVIRUUHFUXLW PHQW7KLVOLVWZLOOLQFOXGHUHWDLOHUVIURPRXU DQDO\VLVDVZHOODVQHZUHWDLOUHVWDXUDQWFRQFHSWVRUUHJLRQDO UHWDLOHUVDQGUHVWDXUDQWVWKDWPD\EHDJRRG ȴWIRUWKHFRPPXQLW\
Identifying Potential Developers
Much of our recruitment success comes from establishing a network of regional and national retail developers over the past 23 years. Developer networ king and recruitment have become key components LQDFRPPXQLW\ȇVUHWDLOUHFUXLWPHQWDQGGHYHORSPHQWUHGHYHORSPH QWVXFFHVV ΖIDKLJKHUWLHUUHWDLOHUZHUHWRH[SUHVVLQWHUHVWLQDFRPPXQL W\DQGWKHUHZDVQRWVXɝFLHQWUHDG\WROHDVH SURSHUWLHVPDWFKLQJWKHLUQHHGVDQGEUDQGUHTXLUHPHQWVDGHYHO RSHUPXVWEHLGHQWLȴHGWREXLOGWKH interested retailer a suitable property.

The Retail Coach will use our network to identify commercial real estate developers active in Murrieta DQGWKHUHJLRQIRUUHFUXLWPHQW:HZLOODOVRZRUNZLWK&LW\VWD ΍WRFRQWDFWDQGEXLOGUHODWLRQVKLSVZLWK developers active in the region.

SCOPE OF WORK - TASK 4
279
PROPOSAL: RETAIL RECRUITMENT CONSULTANT SERVICES 13
Marketing & Branding
Retail Market Proﬁle
To attract targeted retailers, the most critical step is to provide accurate and current community data and VLWHVSHFLȴFLQIRUPDWLRQRQDYDLODEOHYDFDQFLHVDQGVLWHVΖWL VLPSRUWDQWWKDWWKLVPDUNHWLQJLQIRUPDWLRQ SRVLWLYHO\UHȵHFWVWKHFRPPXQLW\ȇVDWWULEXWHVDQGEUDQGWRFRUS RUDWHVLWHVHOHFWRUVUHDOHVWDWHEURNHUV and developers, because it is essential in making initial decisions about locating in the community. :HZLOOGHYHORSD5HWDLO0DUNHW3URȴOHWDLORUHGWRWKHVSHFLȴF QHHGVRIWDUJHWHGUHWDLOHUVȇHVVHQWLDOVLWH selection and location criteria for Murrieta.
7KHSURȴOHVHUYHVDVDFRPPXQLW\LQWURGXFWLRQDQGLQFOXGHV

• Retail Trade Area Map
• Location Map
• 7UDɝF&RXQW0DS
• 'HPRJUDSKLF3URȴOH6XPPDU\
• Appropriate Logo and Contact Information
Retailer-Speciﬁc Feasibility Packages
8QOLNHWKHPRUHJHQHUDO5HWDLO0DUNHW3URȴOHD5HWDLOHU )HDVLELOLW\3DFNDJHLVGHYHORSHGWRVHQGVSHFLȴFDOO\WRWKH real estate department or broker for individual retailers. :HZLOOFUHDWHUHWDLOHUVSHFLȴFIHDVLELOLW\SDFNDJHVWRDGGUHVV HVVHQWLDOORFDWLRQFULWHULD7KHVHIHDVLELOLW\SDFNDJHVZLOOLQ FOXGH

• &RPPXQLW\2YHUYLHZ 'HPRJUDSKLF3URȴOH
• 5HWDLO6LWH3URȴOHV
• Location Map
• Retail Trade Area Map
• Existing Retailer Map
• 5HWDLO7UDGH$UHD'HPRJUDSKLF 3V\FKRJUDSKLF3URȴOHV • Retail Trade Area Demand Analysis Summary
• $UHD7UDɝF*HQHUDWRUV
• Appropriate Logo and Contact Information
SCOPE OF WORK - TASK 5
280
PROPOSAL: RETAIL RECRUITMENT CONSULTANT SERVICES 14
Marketing & Branding
Developer Opportunity Package
2XUWHDPFUHDWHVD'HYHORSHU2SSRUWXQLW\3DFNDJHWRVHQGVSHFLȴ FDOO\WRUHWDLOGHYHORSHUV DFWLYHLQWKHFRPPXQLW\DQGRUUHJLRQWRVSDUNWKHLULQWHUHVWL QUHWDLORSSRUWXQLWLHV The Retail Coach will create a Developer Opportunity Package to highlight development and redevelopment opportunities in Murrieta.

SCOPE OF WORK - TASK 5
Online Retail Dashboard
Being able to quickly and easily access and share
retail opportunity information greatly increases
a community’s opportunity for success. To assist
with this, we develop a custom online retail
dashboard that can be accessed online anytime
WKURXJKDEUDQGHG5HWDLO

® link.
:HZLOOFUHDWHD5HWDLO
® Retail Dashboard
for Murrieta, which will be available for visual
presentation and easy downloading of all data
sets and marketing information. With a few
clicks, retailers, brokers and developers can
learn about your community’s retail potential
like never before.
281
PROPOSAL: RETAIL RECRUITMENT CONSULTANT SERVICES 15
Recruiting Retailers &
Developers
SCOPE OF WORK - TASK 6
Retail Recruitment Plan
7KH5HWDLO&RDFKLVWKHȴUVWQDWLRQDOUHWDLOUHFUXLWPHQWȴUPWR LQWURGXFHUHWDLOHUDQGGHYHORSHUUHFUXLWPHQW VSHFLȴFDOO\IRUFRPPXQLWLHV7ZHQW\IRXU\HDUVDQGSURMHFWV ODWHUWKHUHFUXLWPHQWRIUHWDLOHUVUHPDLQV one of the primary metrics of success. Today, our experience has proven that a community must move beyond just gathering data sets, and proactively recruit retail. :HZLOODFWLYHO\UHFUXLWUHWDLOHUVRQ0XUULHWDȇVEHKDOI2XUUH WDLOHUUHFUXLWPHQWSURFHVVLQFOXGHV

1. ΖQWURGXFWRU\HPDLOVDQGUHWDLOPDUNHWSURȴOHDUHVHQWWRHDFKW DUJHWHGUHWDLOHU

2. Personal phone calls are placed to measure interest level

3. Personal emails and retailer feasibility packages are sent to each targeted retailer

4. 3HUVRQDOHPDLOVDQGUHWDLOVLWHSURȴOHVIRUSULPHYDFDQFLHVDUH VHQWWRWDUJHWHGUHWDLOHUV

5. 3HUVRQDOHPDLOVDUHVHQWWRLQIRUPWDUJHWHGUHWDLOHUVRIVLJQLȴ FDQWPDUNHWFKDQJHV

6. Personal emails are sent to decision markers once per quarter to continue seeking responses regarding their interest level in the community

7. A retailer status report is provided with ea ch retailer’s complete contact information and comments resulting from recruitment activities
Commercial Real Estate Conference Representation
Recruitment is a relationships business, and retail conferences are essential to getting in front of and forging relationships with key site selectors and decision-makers. Having a prominent presence at ICSC and Retail LIVE events has been a staple for The Retail Coach for over 20 years. In our partnership with the City, we will assist in marketing Murrieta - and its vacancies and sites - to retailers, developers, and brokers DWUHWDLOLQGXVWU\FRQIHUHQFHV)RUDQ\0XUULHWD6WD΍DWWHQGLQJ 75&ZLOODVVLVWZLWKFRQIHUHQFHSODQQLQJ and setting appointments.
.H\(YHQWV
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5HWDLO /Ζ9(
Targeted Retail Studies
+DYLQJH΍HFWLYHPDUNHWLQJPDWHULDOLVHVVHQWLDO7KH5HWDLO&RD FKZLOOSUHSDUHWDUJHWHGUHWDLOVWXGLHVDQG GHOLYHUDEOHVWKDWSURSHUO\LOOXVWUDWHWKHSRWHQWLDOLQ0XUULHWD WKDWVWD΍FDQXVHWRDVVLVW RQJRLQJUHFUXLWPHQWH΍RUWV
Status Summary + Updates
Communication is key to a successful Retail
Recruitment Plan. The Retail Coach will
provide a link to recruitment status tracking
form in addition to monthly team calls.
282
PROPOSAL: RETAIL RECRUITMENT CONSULTANT SERVICES 16
Downtown Retail
SCOPE OF WORK - TASK 7
Custom Retail Trade Area Analysis + Mobile Location Data Downtown Districts provide unique retail, dining, and entertainment experiences for residents and visitors DOLNH7KHGHPDQGJHQHUDWHGE\WKHVHDUHDVFUHDWHRSSRUWXQLWLHV WKDWGL΍HUIURPWUDGLWLRQDOUHWDLOFHQWHUV The Retail Coach will analyze Downtown Murrieta and determine its own Retail Trade Area map.

Downtown Stakeholder Discussions & Small Business Workshops Local buy-in is a must have for communities looking to build a comprehensive recruitment program. The Retail Coach will meet with local property owners, franchisees, brokers, and other stakeholders to assist with their ongoing projects or goals and to make direct introductions with targeted brand representatives. 2XUWHDPZLOODOVRPHHWZLWKVPDOOEXVLQHVVHVWRVKDUHPDUNHWȴ QGLQJVDQGLPSOLFDWLRQV 283
PROPOSAL: RETAIL RECRUITMENT CONSULTANT SERVICES 17
Coaching + Ongoing Support
Retail Recruitment Status Summary
7RHQVXUHWUDQVSDUHQF\7KH5HWDLO&RDFKZLOOSURYLGHD/LYH5H WDLO7UDFNLQJIRUPIRU&LW\VWD΍WR DFFHVVWRUHSRUWWKHVWDWXVRIRQJRLQJUHFUXLWPHQWGLVFXVV LRQVSRLQWVRIFRQWDFW DORQJZLWK
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Monthly Update Calls
To keep clear and open lines of communication, The Retail Coach will set monthly Zoom meetings with &LW\VWD΍WRGLVFXVVXSGDWHVUHWDLOHUIHHGEDFNDQGVWUDWHJ\ $GGLWLRQDOO\RXUWHDPLVDOZD\VDYDLODEOHRQ GHPDQGWREUDLQVWRUPFRQQHFWZLWKSHUVRQQHORURWKHUZLVHEHD UHVRXUFHWR&LW\VWD΍ Visible Presence
Being a part of your team means being seen. The Retail Coach will make at least two trips to Murrieta GXULQJWKHPRQWKHQJDJHPHQWWRPHHWZLWKFLW\VWD΍SURVSHFW LYHUHWDLOVLWHVHOHFWRUVGHYHORSHUVORFDO property owners, and to host workshops for stakeholders.

Data Access
The Retail Coach implements a number of data sources and providers into our recruitment strategy. As VXFKRXUFOLHQWVFDQJDLQXQOLPLWHGDFFHVVWR*Ζ6DQGGDWDUHS RUWVIURPWKHIROORZLQJ &ODULWDV
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SCOPE OF WORK
284
PROPOSAL: RETAIL RECRUITMENT CONSULTANT SERVICES 22
Deliverables & Pricing
Terms (2-Year Agreement) :

The total fee for completion of this work is $50,000 payable in four (4) installments:
• $12,500 upon execution of contract;
• $12,500 at 6 months following execution of contract;
• $12,500 at 12 months following execution of contract; • $12,500 at 18 months following execution of contract.

The City may elect to extend the agreement by 12-months (up to 3 one-year optional extensions). The additional fee shall be $25,000 for each additional 12 month period of data updates, recruitment, and coaching.

Reimbursable Project Expenses:

It is estimated that reimbursable expenses will not exceed $2,500 annually .

Reimbursable expenses include all travel costs; any costs associated with special renderings / maps; copies of reports, drawings, maps; and any shipping costs. $50,000
Plus up to $5,000 in
reimbursable expenses.

Not to Exceed Price:
$55,000
Retail Market Analysis
Retail Recruitment Strategy
Marketing + Recruitment
Coaching + Ongoing Support
Mobile Location Data Analysis
Custom Retail Trade Area + Downtown RTA
Submarket Analysis
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Retail Demand + GAP Analysis
Existing Retailer Map
Retail Void Analysis
Retail Fusion Analysis
Retail Match List
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Highest + Best Use Analysis
Proactive Retail Recruitment
National + Regional Retail Conference
Representation
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Retail:360® Dashboard
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Engagement with Local Stakeholders
Monthly Update Conference Calls
Retail Recruitment Tracking Form
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8QOLPLWHG$FFHVVWR75&6WD΍
Downtown Murrieta Workshop
Other Reports as needed
PROPOSAL COST + TIMELINE
285
PROPOSAL: RETAIL RECRUITMENT CONSULTANT SERVICES 23
Project Timeline
PROPOSAL COST + TIMELINE
Kick-OOff Meettiingg
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• Review timeline, goals,
and objectives with
project team
• Discuss priority sites
and key areas of focus
Reseearch &&
Marrket AAnnalyysis
On-the-ground market
analysis and consumer
data collection.
• Retail Market Analysis
• Demographics &
Psychographics
• Primary & Secondary
Retail Trade Areas
• Retail Demand Analysis
• Retailer Match List
Markettinng &
Braandeedd Reeppoorttts
Development of key
marketing materials
used to promote the
community.
• Retailer & Developer
Feasibility Packages
• 5HWDLO0DUNHW3URȴOH
• 5HWDLO6LWH3URȴOHV
Reccruittmmennt &&
Onggoinng Suuppporrrt
Active recruitment of
retailers and developers
through the remainder of
the agreement.
• Recruitment Status
Dashboard
•M o n t h l y R e c r u i t m e n t
Update Meetings
• Representation at
National & Regional
Retail Conferences
Execution of
Agreement
30-45 Days from
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60-90 Days
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Remainder of
Agreement
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We will provide written or
electronic updates on monthly
basis and hold monthly
recruitment updates with City
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begun.
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trips to Murrieta during the
project.
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We are available to begin
work immediately upon
agreement of terms with
a project duration of 12
calendar months.
286

01375.0021 2155663.1 145610

EXHIBIT B

CONTRACT MODIFICATIONS
(Superseding Contract Boilerplate)

None
287

01375.0021 2155663.1 145610

EXHIBIT C

SCHEDULE OF COMPENSATION

I. The Scope of Work set forth herein shall be compensated for in the following manner:
☒ A single flat rate for all services as set forth in Exhibit “A.” ☐ Multiple flat rates for different specified services as set forth in Exhibit “A.” ☐ An hourly rate for some or all of the proposed services as set forth in Exhibit “A.” II. The total compensation for all Services shall not exceed the Contract Sum as provided in the Cover Page of this Agreement.

III. Consultant may bill the City for expenses that have been approved by the City in writing in advance, not to exceed $5000 per year.

IV. The work shall be undertaken by Consultant pursuant to the attached schedule.

288

01375.0021 2155663.1

EXHIBIT D

INSURANCE REQUIREMENTS

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

5. Cyber: Vendor/Consultant shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.

01375.0021 2155663.1
limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

6. Technology Professional Liability Errors & Omissions (Only if vendor is providing a technology service (data storage, website designers, etc.,) or product (software providers)
Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Vendor in this agreement and shall inc lude, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the Vendor.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Consultant ’s insurance coverage shall be primary and non- contributory and at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance 290

01375.0021 2155663.1
and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non- contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the C onsultant’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City . The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subje ct to a self -insured retention (SIR) or deductible that exceeds $25,000 [fill in the amount for your comfort level for the specific Consultant and job – it could be much higher, or in the case of a very small Consultant , you might want it lower] unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of Consultant or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts other wise due Consultant to fund the SIR/deductible. Policies shall NOT contain any self -insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.

01375.0021 2155663.1
Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the requi red documents prior to the work beginning shall not waive the Consultant ’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

292

CITY OF MURRIETA
City Council Meeting Agenda
Report
7/7/2026
Agenda Item No. 11.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Javier Carcamo, Finance Director
PREPARED BY: Evan Crockett, Management Analyst - Finance SUBJECT:

Fiscal Year 2026/27 Tax Rates for the Community Facilities Districts

ABSTRACT
This report presents the proposed Fiscal Year 2026/27 special tax rates for the City’sCommunity Facilities Districts (CFDs). It requests City Council adoption of the required resolutions to approve the annual levies. The recommended tax rates ensure each district generates sufficient revenue to meet debt service obligations, administrative costs, and authorized public services in accordance with the Mello-Roos Act and each district’s Rate and Method of Apportionment. For FY 2026/27, the combined levy totals $9,310,450 for seventeen bonded CFDs and $129,984.84 for the Safety and Maintenance CFDs. Adoption of these resolutions maintains compliance with County requirements and supports the City’scommitment to fiscal sustainability and transparency.

RECOMMENDATION
Adopt the Resolutions approving the Fiscal Year 2026/27 Tax Rates for the Community Facilities Districts:

Resolution No. 26-4958 entitled: A Resolution of the City Council of the City of Murrieta, County of Riverside, State of California, Ordering the Levy and Collection of Special Taxes Within Each Community Facilities District Listed Below for Fiscal Year 2026/2027:

Community Facilities District No. 2000-1 (Greer Ranch), Community Facilities District No. 2000-2 IA A (The Oaks), Community Facilities District No. 2000-2 IA B (The Oaks), Community Facilities District No. 2001-1 IA A (Bluestone Communities/Murrieta Highlands), Community Facilities District No. 2001-1 IA B (Bluestone Communities/Murrieta Highlands), Community Facilities District No. 2003-1 (Murrieta Springs), Community Facilities District No. 2003-2 (Blackmore Ranch), Community Facilities District No. 2003-3 (Creekside Village), Community Facilities District No. 2003-4 (Bluestone Communities II/Mapleton), Community Facilities District No. 2004-1 (Bremerton),
Community Facilities District No. 2004-2 (Murrieta Fields), Community Facilities District No. 2004-3 (Meadowlane/Amberwalk I & II), Community Facilities District No. 2005-1 (Springbrook), CITY OF MURRIETA Printed on 7/2/2026Page 1 of 5
powered by Legistar™
293
7/7/2026
Agenda Item No. 11.

Community Facilities District No. 2005-5 IA A (Golden City), Community Facilities District No. 2005-5 IA B (Golden City), Community Facilities District No. 2025-3 (Discovery Village), and Community Facilities District No. 2025-4 (Rustic Meadows) Resolution No. 26-4959 entitled: A Resolution of the City Council of the City of Murrieta, County of Riverside, State of California, Ordering the Levy and Collection of Special Taxes Within Community Facilities District No. 2025-S and No. 2025-2 Fiscal Year 2026/2027.

This item includes:

Community Facilities District No. 2025-S (Safety Services - original and all annexations) and Community Facilities District No. 2025-2 (Maintenance Services - original and all annexations).

PRIOR ACTION/VOTE
On July 1, 2025, the City Council approved the levy for Fiscal Year 2025/26 for the districts contained herein.

On July 15, 2025, the City Council approved the levy for Fiscal Year 2025/26 for the districts contained herein.

STRATEGIC ALIGNMENT
This item aligns with the City Council goal of maintaining a high performing organization that values fiscal sustainability, transparency, accountability, and organizational efficiency. The item is consistent with the City’s Debt Policy (Policy No. 400-03), which establishes guidelines for the issuance and administration of debt and land-based financings, including Community Facilities Districts. The item also advances the City Departments’ Top Projects List related to the implementation of public safety and maintenance services through Community Facilities Districts (CFDs).

DISCUSSION
The Fiscal Year (FY) 2026/27 budget for each Bonded Community Facilities District (CFD) is designed to cover principal and interest payments, construction of future facilities, administrative costs, and/or service costs. These CFDs have existed since at least the year 2000, at the request of the corresponding developer, to finance certain public improvements through the levy of special taxes and the issuance of bonds. The County of Riverside requires the resolution as confirmation for the special tax amounts to be added to the assessment rolls. The special taxes were previously approved and established at the time of each CFD's formation, with the adoption of the ordinance associated with each CFD.

From 2000 to 2005, the City of Murrieta (City) formed and issued bonds for thirteen CFDs to fund improvements related to the development of residential subdivisions. Additionally, in FY 2016/17, the City issued bonds for a fourteenth district, CFD 2005-5 Improvement A, formed in 2006, that had been dormant for ten years. In 2012 and 2016, the City completed refunding all outstanding bonds for the thirteen districts that previously issued bonds to take advantage of lower interest rates than when the districts were formed. On October 2, 2018, on behalf of the CFDs, the City issued bonds for the fifteenth district, CFD 2005-5 Improvement Area B (Golden City) Special Tax Bonds Series 2018, in the amount of $11,505,000. These fifteen CFDs formed from 2000 to 2005 are referred to as the legacy CFDs.

In June 2022, on behalf of the CFDs, the City took advantage of historic low-interest rates to refinance five CFDs that were previously refinanced (2012 Reassessment District). This refinancing reduced the annual levy for property owners in the five (5) districts and changed the debt service schedule for one of the districts from CITY OF MURRIETA Printed on 7/2/2026Page 2 of 5
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for property owners in the five (5) districts and changed the debt service schedule for one of the districts from an annually increasing schedule to a level debt service payment, while maintaining the original payoff dates for each district (2022 Local Agency Revenue Refunding).

In December 2023, the City evaluated the fiscal impact of significant development activity that had occurred in recent years on essential municipal services, particularly public safety and maintenance services. The analysis determined that existing revenue sources were insufficient to support the staffing levels necessary to maintain the City's desired level of service as development continued to increase service demands.

In response, the City established a Public Safety Community Facilities District (CFD) and a Maintenance Services CFD to provide an equitable funding mechanism based on the principle that "growth pays for growth." Since that time, the City has established CFD 2025-S (Safety Services) and CFD 2025-2 (Maintenance Services).

Only new residential developments are annexed into the Public Safety and Maintenance Services CFDs. As a result, these assessments do not apply to existing residential properties and have no financial impact on current homeowners.

A summary of the FY 2026/27 annual levy assessments for the “NewCFDs”,including bonded facilities, public safety services, and maintenance services, is provided in the tables contained within this report. A description of services funded by the new CFDs is also listed below.

Regarding bonded CFDs, bonds are generally issued for a period of 30 years, and the annual debt service payments and costs to administer the districts are the responsibility of the owners of property within each CFD. While the City facilitates the formation and administration of the districts, ultimately, the City of Murrieta has no financial responsibility for the repayment of the debt. The actual tax amount levied per property will vary by district and usually depends on the size of the home, the number of homes in the district, and the total cost of facilities acquired with bond proceeds.

The City contracts with Willdan Financial Services to administer the legacy CFDs. The legacy CFDs were formed between 2000 and 2005. The City also contracts with Spicer Consulting Group to form and administer new CFDs. The consultants determine tax rates based on the Rate and Method of Apportionment adopted for each district at the time of formation. The tax rate applied to the property tax bill may not exceed the rate approved by the qualified electors in each district and should generate enough revenue to cover debt service payments and administrative costs.

The table below summarizes the annual levy amounts needed for each district to cover district obligations for FY 2026/27. The total levy for all seventeen districts for FY 2026/27 is $9,310,450.

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CFD - Maintenance Services
Under the Mello-Roos Act, the City may establish CFDs to finance certain public services through the levy of a special tax. These services includes landscape maintenance and lighting of parks, parkways, streets, roads and open space, maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and maintenance and operation of water quality improvements which include storm drainage and flood protection facilities and public street sweeping.

CFD - Safety Services
Under the Mello-Roos Act, the City may also establish CFDs to finance certain public services through the levy of a special tax. Eligible services include police protection services, including criminal justice functions related to jails, detention facilities, and juvenile halls; fire protection and suppression services; and ambulance and paramedic services.

The table below shows the annual levy amounts needed for safety services and maintenance CFDs to cover district obligations for FY 2026/27. The total levy for the safety services CFDs is $64,896.00, and the total levy for the maintenance services CFDs is $65,088.84.

Proposed $ % Est. # ParcelsAvg. $ LevyNew Safety CFDs FY26/27 Levy FY25/26 LevyChange Change Levied Change per ParcelCFD 2025-S (Safety Services)$64,896.00 $8,700.00$56,196.00645.93% 76 $739.42 Total $64,896.00 $8,700.00$56,196.00 76
Proposed $ % Est. # ParcelsAvg. $ LevyNew Maintenance CFDsFY26/27 Levy FY25/26 LevyChange Change Levied Change per Parcel CFD 2025-2 Zone 1 (Rustic Meadows)52,360.52 50,796.00 1,564.52 3.08% 75 20.86CFD 2025-2 Zone 2 (Kensington Apts)12,728.32 0.00 12,728.32 1 12,728.32Total $65,088.84 $50,796.00$14,292.84 76 City of MurrietaCommunity Facilities Districts
FY 2026/27 Proposed Levy
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PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

FISCAL IMPACT
There is no fiscal impact to the City’sGeneral Fund associated with this report. All revenue collected from Bonded CFD levies is considered fiduciary funds, i.e., not directly spendable by the City. The FY 2026/27 budget for each CFD is designed to cover principal and interest payments, construction of future facilities, administrative costs, and/or service costs.

Each district's maintenance and safety services are funded by special tax assessments on parcels within the district and may be used only for administrative costs and maintenance services provided therein. The proposed revenues and expenditures were included in the adopted FY 2026/27. Staff will include any budgetary adjustments in the quarterly budget update report.

ATTACHMENTS
ATT 1 - Resolution No. 26-4958
ATT 2 - Resolution No. 26-4959
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RESOLUTION NO. 26-4958

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MURRIETA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,

ORDERING THE LEVY AND COLLECTION OF SPECIAL TAXES

WITHIN EACH COMMUNITY FACILITIES DISTRICT LISTED BELOW
FOR FISCAL YEAR 2026/2027

WHEREAS, the City Council of the City of Murrieta (the “City”), has heretofore instituted and conducted proceedings under the terms and provisions of the Mello -Roos Community Facilities Act of 1982 (the “Act”), being Chapter 2.5 of the State of California Government Code for the acquisition, construction and funding of certain facilities, to issue bonds for the purposes thereof and to pay certain administrative a nd incidental expenses in connection with the special taxes levied within the special tax districts designated as:

COMMUNITY FACILITIES DISTRICT NO. 2000-1, GREER RANCH
COMMUNITY FACILITIES DISTRICT NO. 2000-2 IMROVEMENT AREA A, THE OAKS
COMMUNITY FACILITIES DISTRICT NO. 2000-2 IMROVEMENT AREA B, THE OAKS
COMMUNITY FACILITIES DISTRICT NO. 2001-1 IMPROVEMENT AREA A,

BLUESTONE COMMUNITIES / MURRIETA HIGHLANDS
COMMUNITY FACILITIES DISTRICT NO. 2001-1 IMPROVEMENT AREA B,

BLUESTONE COMMUNITIES / MURRIETA HIGHLANDS
COMMUNITY FACILITIES DISTRICT NO. 2003-1, MURRIETA SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2003-2, BLACKMORE RANCH COMMUNITY FACILITIES DISTRICT NO. 2003-3, CREEKSIDE VILLAGE COMMUNITY FACILITIES DISTRICT NO. 2003-4, BLUESTONE COMMUNITIES II /

MAPLETON
COMMUNITY FACILITIES DISTRICT NO. 2004-1, BREMERTON
COMMUNITY FACILITIES DISTRICT NO. 2004-2, MURRIETA FIELDS COMMUNITY FACILITIES DISTRICT NO. 2004-3, MEADOWLANE / AMBERWALK I & II
COMMUNITY FACILITIES DISTRICT NO. 2005-1, SPRINGBROOK
COMMUNITY FACILITIES DISTRICT NO. 2005-5 IMPROVEMENT AREA A,

GOLDEN CITY
COMMUNITY FACILITIES DISTRICT NO. 2005-5 IMPROVEMENT AREA B,

GOLDEN CITY
COMMUNITY FACILITIES DISTRICT NO. 2025-3, DISCOVERY VILLAGE COMMUNITY FACILITIES DISTRICT NO. 2025-4, RUSTIC MEADOWS 298
Resolution No. 26-4958

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(herein after referred to as the “CFDs”); and

WHEREAS, on November 30, 1999, the City Council adopted a Resolution of Intention to establish CFD No. 2000 -1 and authorize the levy of a special tax; and thereafter, on April 18, 2000, enacted Ordinance No. 218-00 pursuant to Section 53340 of the Act, authorizing the levy of special taxes on properties within CFD No. 2000-1; and

WHEREAS, on November 21, 2000, the City Council adopted Resolution No. 00-803 establishing CFD No. 2000-2 and the levy of a special tax; and thereafter, on July 6, 2004, enacted Ordinance No. 305-04, revising the existing rate and method of apportionment in CFD No. 2000- 2, annexing additional territory and authorizing the levy and collection of special taxes on the properties within Im provement Area "A" and Improvement Area "B" of CFD No. 2000 -2, in accordance with Sections 53339-53339.5 and 53340 of the Act; and

WHEREAS, on August 7, 2001, the City Council adopted Resolution No. 01 -906 establishing CFD No. 2001-1 and authorizing the levy of a special tax; and thereafter, on August 7, 2007, enacted Ordinance No. 396-07 pursuant to Section 53340 of the Act, authorizing the levy of special taxes on properties within CFD No. 2001-1; and

WHEREAS, on January 21, 2003, the City Council adopt ed a Resolution of Intention to establish CFD No. 2003-1 and authorize the levy of a special tax; and thereafter, on March 4, 2003, enacted Ordinance No. 278-03 pursuant to Section 53340 of the Act, authorizing the levy of special taxes on properties within CFD No. 2003-1; and

WHEREAS, on April 1, 2003, the City Council adopted a Resolution of Intention to establish CFD No. 2003-2 and authorize the levy of a special tax; and thereafter, on June 17, 2003, enacted Ordinance No. 283-03 pursuant to Section 53340 of the Act, authorizing the levy of special taxes on properties within CFD No. 2003-2; and

WHEREAS, on August 19, 2003, the City Council adopted a Resolution of Intention to establish CFD No. 2003-3 and authorize the levy of a special tax; and thereafter, on March 2, 2004, enacted Ordinance No. 298-04 pursuant to Section 53340 of the Act, authorizing the levy of special taxes on properties within CFD No. 2003-3; and

WHEREAS, on September 16, 2003, the City Council adopted a Resolution of Intent ion to establish CFD No. 2003-4 and authorize the levy of a special tax; and thereafter, on October 21, 2003, enacted Ordinance No. 290-03 pursuant to Section 53340 of the Act, authorizing the levy of special taxes on properties within CFD No. 2003-4; and

WHEREAS, on March 16, 2004, the City Council adopted a Resolution of Intention to establish CFD No. 2004-1 and authorize the levy of a special tax; and thereafter, on July 20, 2004, enacted Ordinance No. 308-04 pursuant to Section 53340 of the Act, authorizing the levy of special taxes on properties within CFD No. 2004-1; and

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WHEREAS, on December 7, 2004, the City Council adopted a Resolution of Intention to establish CFD No. 2004-2 and authorize the levy of a special tax; and thereafter, on January 18, 2005, enacted Ordinance No. 320-05 pursuant to Section 53340 of the Act, authorizing the levy of special taxes on properties within CFD No. 2004-2; and

WHEREAS, on February 1, 2005, the City Council adopted a Resolution of Intention to establish CFD No. 20 04-3 and authorize the levy of a special tax; and thereafter, on March 15, 2005, enacted Ordinance No. 323-05 pursuant to Section 53340 of the Act, authorizing the levy of special taxes on properties within CFD No. 2004-3; and

WHEREAS, on March 1, 2005, t he City Council adopted a Resolution of Intention to establish CFD No. 2005-1 and authorize the levy of a special tax; and thereafter, on April 5, 2005, enacted Ordinance No. 325-05 pursuant to Section 53340 of the Act, authorizing the levy of special taxes on properties within CFD No. 2005-1; and

WHEREAS, on September 6, 2005, the City Council adopted a Resolution of Intention to establish CFD No. 2005-5 and authorize the levy of a special tax; and thereafter, on February 21, 2006, enacted Ordinance No. 350-06 pursuant to Section 53340 of the Act, authorizing the levy of special taxes on properties within CFD No. 2005-5; and

WHEREAS, on May 6, 2025, the City Council adopted Resolution No. 25 -4824, a Resolution of Formation establishing CFD No. 2025 -3 and authorizing the levy of a special tax; and thereafter, on June 3, 2025, enacted Ordinance No. 616 -25 pursuant to Section 53340 of the Act, authorizing the levy of special taxes on properties within CFD No. 2025-3; and

WHEREAS, on Ju ly 15 , 2025, the City C ouncil adopted Resolution No. 25-4876, a Resolution of Formation establishing CFD No. 2025 -4 and authorizing the levy of a special tax; and thereafter, on August 19, 2025, enacted Ordinance No. 622-25 pursuant to Section 53340 of the Act, authorizing the levy of special taxes on properties within CFD No. 2025-4; and

WHEREAS, all special taxes in the CFDs are levied without regard to property valuation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Murrieta, California, does hereby order as follows:

Section 1. That the portion of the special taxes constituting principal, interest, and other costs related to the CFDs due or coming due from July 1, 2026, through June 30, 2027, be placed on the County Tax Rolls and be collected by the Riverside County Tax Collector, as provided for in Exhibit "A" (a summary of fixed charges).

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Section 2. That the properties to be so assessed and the related amounts are submitted via File Transfer Protocol as requested by the Riverside County Tax Collector, further identified as County Fund Nos.:

Fund No. CFD No.
68-4380-FC CFD 2000-1
68-4384-FC CFD 2000-2 IA A
68-4391-FC CFD 2000-2 IA B
68-4381-FC CFD 2001-1 IA A
68-4390-FC CFD 2001-1 IA B
68-4385-FC CFD 2003-1
68-4382-FC CFD 2003-2
68-4386-FC CFD 2003-3
68-4383-FC CFD 2003-4
68-4387-FC CFD 2004-1
68-4388-FC CFD 2004-2
68-4392-FC CFD 2004-3
68-4389-FC CFD 2005-1
68-4397-FC CFD 2005-5 IA A
68-0101-FC CFD 2005-5 IA B
68-2535-FC CFD 2025-3
68-3998-FC CFD 2025-4

Section 3. The adoption of this Resolution constitutes the CFDs levy for the Fiscal Year commencing July 1, 2026, and ending June 30, 2027.

Section 4. The City Clerk is hereby authorized and directed to file the levy with the County Auditor-Controller upon adoption of this Resolution.

Section 5. A certified copy of the levy shall be filed in the office of the City Clerk and open for public inspection.

PASSED AND ADOPTED this 7th day of July, 2026.

____________________________
Jon Levell, Mayor
ATTEST:

_____________________________
Cristal McDonald, City Clerk

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APPROVED AS TO FORM:

_____________________________
Tiffany Israel, City Attorney

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 26-4958 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 7th day of July, 2026, 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

302

EXHIBIT "A"

CITY OF MURRIETA

COMMUNITY FACILITIES DISTRICTS

PRELIMINARY SUMMARY OF FIXED CHARGES
FOR FISCAL YEAR 2026/2027

District Name
County
Fund No.

Levied
Parcels
Preliminary
FY 2026-27
Levy
CFD 2000-1 Greer Ranch 68-4380 687 $1,006,981.28
CFD 2000-2
IA A The Oaks 68-4384 538 $1,473,024.12
CFD 2000-2
IA B The Oaks 68-4391 331 $670,014.04
CFD 2001-1
IA A Murrieta Highlands 68-4381 526 $572,854.74
CFD 2001-1
IA B Murrieta Highlands 68-4390 416 $436,463.56
CFD 2003-1 Murrieta Springs 68-4385 765 $1,319,577.80
CFD 2003-2 Blackmore Ranch 68-4382 171 $342,230.56
CFD 2003-3 Creekside Village 68-4386 289 $1,055,908.82
CFD 2003-4 Mapleton 68-4383 155 $149,734.44
CFD 2004-1 Bremerton 68-4387 149 $244,832.78
CFD 2004-2 Murrieta Fields 68-4388 96 $139,228.00
CFD 2004-3 Amberwalk I & II 68-4392 362 $278,698.50
CFD 2005-1 Springbrook 68-4389 111 $264,738.48
CFD 2005-5
IA A Golden City 68-4397 254 $560,843.16
CFD 2005-5
IA B Golden City 68-0101 241 $648,157.22
CFD 2025-3 Discovery Village 68-2535 6 $5,000.00
CFD 2025-4 Rustic Meadows 68-3998 75 $142,162.50
Total $9,310,450.00

303

RESOLUTION NO. 26-4959

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MURRIETA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,

ORDERING THE LEVY AND COLLECTION OF SPECIAL TAXES
WITHIN COMMUNITY FACILITIES DISTRICT NO. 2025 -S AND NO. 2025-2 FOR FISCAL YEAR 2026/2027

WHEREAS, the City Council of the City of M urrieta (the “City”) has heretofore instituted and conducted proceedings under the terms and provisions of the Mello-Roos Community Facilities Act of 1982 (the “Act”) , being Chapter 2 .5 of the State of California Government Code for the acquisition and construction of certain public works of improvements, together with appurtenances and appurtenant work, and to fi nance a portion of the costs of providing services, as applicable, in special tax districts designated as

COMMUNITY FACILITIES DISTRICT NO. 2025-S (SAFETY SERVICES) COMMUNITY FACILITIES DISTRICT NO. 2025-2 (MAINTENANCE SERVICES)

(herein after referred to as the “CFDs”); and

WHEREAS, on Ju ly 15 , 202 5, the City Council adopted Resolution No. 25 -4874, a Resolution of Formation establishing CFD No. 2025 -S and authorizing the levy of a special tax; and thereafter, on August 19, 2025, enacted Ordinance No. 621-25 pursuant to Section 53340 of the Act, authorizing the levy of special taxes on properties within CFD No. 2025-S; and

WHEREAS, on May 6 , 202 5, the City Council adopted Resolution No. 25 -4822 a Resolution of Formation establishing CFD No. 2025 -2 and authorizing the levy of a special tax; and thereafter, on May 6, 2025, enacted Ordinance No. 615-25 pursuant to Section 53340 of the Act, authorizing the levy of special taxes on properties within CFD No. 2025-2; and

WHEREAS, all special taxes in the CFD s are levied without regard to property valuation.

NOW, THEREFORE , BE IT RESOLVED that t he City Council of the City of Murrieta, California, orders as follows:

Section 1. That the portion of the costs related to the CFD s due or coming due from July 1, 2026, through June 30, 202 7, be placed on the County Tax Rolls and be collected by the Riverside County Tax Collector, as provided for in Exhibit "A" (a summary of fixed charges)

Section 2. That the properties to be so assessed and the related amounts are submitted via File Transfer Protocol (FTP) as requested by the Riverside County Tax Collector, further identified as County Fund Nos.:

Fund No. CFD No.
68-3999-FC CFD 2025-S
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68-3997-FC CFD 2025-2 Zone 1
68-2534-FC CFD 2025-2 Zone 2

Section 3. The adoption of this Resolution constitutes the CFDs levy for the Fiscal Year commencing July 1, 2026, and ending June 30, 2027.

Section 4. The City Clerk is hereby authorized and directed to file the levy with the County Auditor-Controller upon adoption of this Resolution.

Section 5. A certified copy of the levy shall be filed in the office of the City Clerk and open for public inspection.

PASSED AND ADOPTED this 7th day of July, 2026.

____________________________
Jon Levell, Mayor
ATTEST:

_____________________________
Cristal McDonald, City Clerk

APPROVED AS TO FORM:

_____________________________
Tiffany Israel, City Attorney

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Resolution No. 26-4959

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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 26-4959 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 7th day of July, 2026, 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

306

EXHIBIT "A"

CITY OF MURRIETA

COMMUNITY FACILITIES DISTRICTS

PRELIMINARY SUMMARY OF FIXED CHARGES
FOR FISCAL YEAR 2026/2027

District Name
County
Fund No.

Levied
Parcels
Preliminary
FY 2026-27
Levy
CFD 2025-S Safety Services 68-3999 76 $64,896.00
CFD 2025-2 Zone 1 Rustic Meadows 68-3997 75 $52,360.52 CFD 2025-2 Zone 2 Kensington Apartments 68-2534 1 $12,728.32

Total $129,984.84

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CITY OF MURRIETA
City Council Meeting Agenda
Report
7/7/2026
Agenda Item No. 12.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Crawford, Municipal Services Director
PREPARED BY: Garrett Strang, Capital Projects Program Manager SUBJECT:

Award Construction Contract for the Auto Mall, Date Street, and Hobie Circle Slurry Seal Project, CIP No. 13080, MSD Project No. 26-010

ABSTRACT
The purpose of this item is to award the construction contract for the Auto Mall, Date Street, and Hobie Circle Slurry Seal Project to the lowest responsive and responsible bidder and find the project to be exempt from CEQA.

RECOMMENDATION
Amend the Fiscal Year 2026/27 Capital Improvement Plan (CIP) Budget and establish an appropriation of $100,000 using Measure A Fund Unassigned Fund Balance into CIP No. 13080; Find the Auto Mall, Date, and Hobie Slurry Seal Project, CIP No. 13080, MSD Project No. 26-010, to be exempt from CEQA and award the construction contract to Roy Allan Slurry Seal, Inc. in the amount of $79,665.72;
Authorize a 15% construction contingency of $11,949.86; Authorize the Mayor to execute the construction contract; and Authorize the Municipal Services Director and/or designee to approve contract change orders not to exceed fifteen percent of the contract amount.

PRIOR ACTION/VOTE
On June 3, 2025, the City Council approved Resolution No. 25-4836, approving the Capital Improvement Plan Budget for Fiscal Year 2025/26, and the Fiscal Year 2025/26 to 2029/30 Capital Improvement Plan, which included the Citywide Slurry Seal Project, CIP No. 13080 (Vote: 5-0).

STRATEGIC ALIGNMENT
This item aligns with the City Council goal to: aggressively pursue economic development relating to an CITY OF MURRIETA Printed on 7/2/2026Page 1 of 3
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Agenda Item No. 12.

This item aligns with the City Council goal to: aggressively pursue economic development relating to an administrative priority. This project will revitalize the subject streets by resurfacing the existing asphalt, in preparation to reconfigure the striping layout to allow more street parking for the local businesses.

DISCUSSION
The Auto Mall, Date, and Hobie Slurry Seal Project, CIP No. 13080, consists of striping removals, crack sealing, surface prep, street sweeping, traffic control, slurry sealing, and other ancillary work at Auto Mall Parkway, Date Street, and Hobie Circle. The intent of this project is to resurface and seal the subject streets in preparation for a revised striping configuration designed to increase the number of on-street parking spaces available for local businesses. Upon completion of the slurry seal work, the City's on-call striping contractor will install the new striping under separate contract. This project is funded utilizing Measure A (Fund 302).

The project includes slurry seal and other incidental work at the following locations:
· Auto Mall Parkway from Jefferson Avenue to Date Street; · Date Street from Jefferson Avenue to Auto Mall Parkway; and · Hobie Circle from Auto Mall Parkway to Date Street.

Project Bidding and Determination
The City conducted an informal bid process per the requirements of the Murrieta Municipal Code for Public Works construction contracts between $75,000 and $219,999 and received a total of three (3) construction bids. The bid results are as follows:

Bidder Proposal Cost

1. Roy Allan Slurry Seal, Inc. $79,665.72

2. American Asphalt South, Inc. $93,037.62

3. NPG Asphalt $165,665.00
Staff has reviewed the bids and determined that the item prices are consistent with today’s construction market. Staff recommends that the construction contract be awarded to the lowest responsible bidder, Roy Allan Slurry Seal, Inc., in the amount of $79,665.72, for the total proposal cost, plus a 15% construction contingency of $11,949.86, for a total of $91,615.58.

PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

CEQA AND REGULATORY OVERVIEW
Staff recommends exemption of this project from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 Categorical Exemption) of the CEQA Guidelines because this project involves “repair CITY OF MURRIETA Printed on 7/2/2026Page 2 of 3
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Agenda Item No. 12.

Section 15301 (Class 1 Categorical Exemption) of the CEQA Guidelines because this project involves “repair or maintenance” of existing infrastructure or facilities and is on the same site and serves the same purpose and capacity without expanded use.

FISCAL IMPACT
The total fiscal impact associated with the approval of this contract is $91,615.58, including the contingency.

Staff recommends amending the Capital Improvement Plan Budget for Fiscal Year 2026/27 and establishing an appropriation of $100,000 using Measure A Fund Unassigned Fund Balance into CIP No. 13080.

The construction contract amount to be awarded is $79,665.72, plus an additional 15% contingency amount of $11,949.86, for a total not-to-exceed amount $91,615.58. Funding is available in CIP No. 13080 from Measure A (Fund 302).

ATTACHMENTS
ATT 1 - Contract between the City of Murrieta and Roy Allan Slurry Seal, Inc.

ATT 2 - Proposal - Roy Allan Slurry Seal, Inc.

ATT 3 - Vicinity Map
CITY OF MURRIETA Printed on 7/2/2026Page 3 of 3
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For City Clerk Use Only

Contract No._________

PUBLIC WORKS CONSTRUCTION CONTRACT
WITH THE CITY OF MURRIETA (“CITY”)
INFORMAL BIDDING BETWEEN $75,000 and $220,000
Project Name/Description (“Project”): Auto Mall, Da te, and Hobie Resurfacing and Striping Project, CIP No. 13080, MSD Project No. 26-010
Contractor Name (“Contractor”): Roy Allan Slurry Seal, Inc.

Contractor Business Type: Corporation
Contractor Address: 12643 Emmens WaySanta Fe Springs, Ca. 90670 Contractor Representative Name and Title (“Contract or Representative”): Lawrence Allan, President
Contractor Representative Work Phone: 562-864-3363
Contractor Representative Email:
[email protected]
Contract Days: 10 Working Days
Liquidated Damages Sum (per day): $500.00
Termination Date: November 27, 2026
Total Not-To-Exceed Contract Amount (“Contract Sum”): $79,665.72 City Department Contact (“Project Manager”): Garrett P. Strang Department Contact Work Phone: 951-461-6421
Department Contact Email: [email protected]
Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No): No

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RECITALS
The City desires to contract with a Contractor to provide services as more further set forth herein.

The City maintains a list of qualified contractor s, identified according to categories of work, in accordance with Section 22034 of the Public Contract Code.

Notices inviting informal bids were mailed, faxed, or emailed to all contractors on the list for the category of work to be bid, or mailed, faxe d, or emailed to all construction trade journals in accordance with Section 22036 of the Public Cont ract Code. Additional contractors and/or construction trade journals may have been notified at the discretion of the City if the product or service is proprietary in nature such that it can b e obtained only from a certain contractor or contractors.

All mailings of notices to contractors and constru ction trade journals were completed not less than ten calendar days before bids would be due pursuant to such notice.

The notice inviting informal bids described the project in general terms, stated how to obtain more detailed information about the project, and specified the time and place for submission of bids.

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This Contract, made and entered into effective on t he date executed by the City, by and between the City of Murrieta, a municipal corporation, here inafter referred to as "City," and the above- referenced Contractor.

The City and Contractor, for the consideration hereinafter named, mutually agree as follows:

1. SCOPE OF WORK.

1.1 The Contractor shall perform all of the work, furni sh all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the above ent itled Project. All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project, including but not limited to, the Invitation for Bi ds, Instructions to Bidders, Bid or Bid Proposal, Contract Documents, Special Provisions, Technical P rovisions, Construction Plans, Standard Plans, Drawings, Reference Specifications, all appl icable permit requirements, any addenda, any applicable Project Labor Agreement, and any other d ocuments included, referenced, or incorporated therein. The Bid Documents are incorporated into this Contract and made part hereof.

In the event of any conflict between the terms of t he Bid Documents and this Contract, the terms of this Contract shall govern.

2. CONTRACT DOCUMENTS.

2.1 The provisions of the 2024 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbo ok”) are incorporated herein, except as explicitly modified by the Bid Documents or further herein. In the event of any conflict between the provisions of the Greenbook and this Contract, the terms of this Contract and the Exhibits attached hereto shall govern.

2.2 Copies of the Standard Specifications for Public Wo rks Construction are available from the publisher:

Building News, Inc. (BNi)
990 Park Center Drive, Suite E Vista, CA 92081
(760) 734-1113
www.bnibooks.com

2.3 The aforementioned Standard Specifications will con trol the General Provisions, construction materials, and construction methods for this Contract except as amended by the Plans and Specifications of this Contract.

2.4 Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used.

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2.5 Unless otherwise specified, Contractor shall furnis h all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract.

2.6 The Contract Documents include this Contract, the B id Documents, the Standard Specifications, any and all Exhibits there to, all design documents, and contract change orders and all bonds and insurance documents. The C ontract Documents are complementary, and what is called for by any one document shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract with the exception that any later amendments hereto or change orders shall take precedence over this Contract.

3. CITY APPROVAL.

3.1 All labor, materials, tools, equipment, and service s shall be furnished and work performed and completed under the direction and supervision and subject to the approval of City or its authorized representatives.

4. LICENSES, PERMITS FEES AND ASSESSMENTS

4.1 Contractor shall obtain at its sole cost and expens e such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Contract. Contractor shall have the sole ob ligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, whic h may be imposed by law and arise from or are necessary for the Contractor’s performance of the s ervices required by this Contract, and shall indemnify, defend and hold harmless City, its offic ers, employees or agents of City, against any such fees, assessments, taxes, penalties or interes t levied, assessed or imposed against City hereunder.

5. CONTRACT AMOUNT AND SCHEDULE.

5.1 City agrees to pay and Contractor agrees to receive and accept the prices set forth in their bid as full compensation for furnish ing all materials, performing all work, and fulfilling all obligations hereunder. Said compensa tion shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract docume nts and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. The total of all payments made to Contractor shall not exceed the Contract Sum set forth above.

5.2 Contractor agrees to complete the work on the Proje ct in a period not to exceed the Contract Days set forth above, commencin g upon the date stated in the Notice to Proceed issued by City. Construction shall not commence until bonds and insurance are approved by City. Contract Days shall be computed as calenda r days and not as working or business days.

Time is of the essence. If the work is not complete d within said time period, liquidated damages shall apply. The term of this Agreement shall expir e one (1) year following City’s acceptance of the Project.
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6. PAYMENT AND INVOICING.

6.1 All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DI R. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Contra ct, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Contract, Contractor shall submit a new list of rates to the City with its first invo ice following the effective date of the rate change .

Additionally, Contractor shall submit the following information with each monthly invoice: (1) an updated Project schedule reflecting all work comple ted and the percentage completion of all scheduled work; (2) the number of units completed f or any work being performed on a unit price basis; (3) a report documenting all issues, concern s, and delays the Contractor’s method of addressing said concerns; (4) in the event Contractor is not meeting the approved Project schedule, a resource-loaded recovery schedule demonstrating how Contractor will meet the approved Project schedule; (5) a list of all deliverables in process and the status of each deliverable; (6) a list of any pending requests for information or clarification and change orders and the status of each item on the list; and (7) a log of all pending corrective w ork and/or warranty items identified by either Party and the status of such work and/or warranty items.

6.2 Payment.
a. Payments Made by City. City shall independently rev iew each invoice submitted by the Contractor to determine wh ether the work performed and expenses incurred are in compliance with the provisions of this Contract. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid any progress payment within t hirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period.

In the event that City does not cause Contractor to be paid any progress payment within thirty (30) days of receipt of an undisputed and properly submi tted invoice and provided the Project is for construction, Contractor shall be entitled to the p ayment of interest to the extent allowed under Public Contract Code § 20104.50. In the event any c harges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Retur ned invoices shall be accompanied by a document setting forth in writing the reasons why t he payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

6.3 Payments Made by Contractor to Subcontractors. In a ccordance with § 7108.5 of the California Business and Professions Code, Contractor shall remit payments owed to subcontractors within seven (7) calendar days after receiving payments by City if payments are owed by Contractor to any subcontractor, unless otherwise agreed to in the applicable subcontract between Contractor and Subcontractor or unless otherwise authorized by California law, but in no event less than fifteen (15) calendar days for any Subcontractor qualifying as a small business enterprise, and within thirty (30) calendar days if payments are owed by Contractor to any Subcontractor other than a small business enterprise.
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6.4 Retention. Pursuant to § 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the w ork in accordance with § 7107 of the Public Contract Code. In the event of a dispute between C ity and Contractor, City may withhold from the final payment an amount not to exceed one hundr ed fifty percent (150%) of the disputed amount.

6.5 Waiver. Payment to Contractor for work performed pu rsuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

7. ADDITIONAL WORK AND CHANGE ORDERS.

7.1 City shall have the right at any time during the performance of the services, without invalidating this Contract, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the City to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Contract, which said adjustments are subject to the written approva l of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and City prior to commencing the extra work thereunder.

7.2 Any increase in compensation of up to the amount of contingency approved by the City Council at the time the Project was awa rded to Contractor plus any additional subsequent contingency approved by the City Council , if any, taken either separately or cumulatively, or any increase in the time to perfor m of up to one hundred eighty (180) days and which are not detrimental to the Work or to the int erest of the City, may be approved by the City Manager. Any greater increases, taken either separately or cumulatively, must be approved by the City Council.

7.3 Any adjustment in the Contract Sum for a Change Ord er must be in accordance with the unit prices or rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in t he Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and City. If the cost of the Change Order cannot be agreed upon, the City will p ay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
a. Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is performed. The use of labor classifications that wo uld increase the cost of such work shall not be permitted. For purposes of this Section, wages shal l include total compensation, including fringe benefits. For work that is self-performed by the Contractor, a markup not to exceed fifteen percent (15%) of the actual cost of labor for that portion of work is allowable. For work performed by a Subcontractor, a markup of fifteen percent (15%) of the actual cost of labor for work performed by the Subcontractor’s own forces is allowable, plu s two and one-half percent (2.5%) thereon for Contractor markup regardless of which tier of Subcontractor actually performed the work. b. Materials and Equipment: The cost of materials and equipment shall be the actual cost to Contractor or the lowest curr ent price which such materials and equipment 316

are reasonably available at the time the work is pe rformed, whichever is lower. For purposes of this Section, Contractor may include a markup on the cost of materials and equipment of not more than fifteen percent (15%). Material re-stocking charges shall be limited to five percent (5%) and Contractor must provide evidence of any related charges from the supplier. For rental equipment, City will not pay Contractor for the use of tools a nd equipment that have a replacement value of $750 or less.
c. If the cost of the extra work cannot be agreed upon , the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work performed under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours o f operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day.

7.4 It is expressly understood by Contractor that the p rovisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contracto r anticipates and that Contractor shall not be entitled to additional compensation therefor. Ci ty may in its sole and absolute discretion have similar work done by other contractors.

7.5 No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

7.6 Additional work shall not include work performed by any of the following:
a. Superintendent(s).
b. Assistant Superintendent(s).
c. Project Engineer(s).
d. Project Manager(s).
e. Scheduler(s).
f. Estimator(s)
g. Drafting or detailing
h. Small tools (with a replacement value under $500)
i. Home or field office expenses, including staff, mat erials, and supplies.
j. Trailer or storage rental and expenses, whether on the Site or off the Site.
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k. Data processing personnel and equipment
l. Site fencing
m. Utilities, including, without limitation, gas, elec tric, sewer, water, telephones.
n. Telephone, facsimile, e-mail and copier.
o. Overhead, administrative, or general expenses of any kind. p. Loss of efficiency or productivity, or other impact costs caused by the effects of the Additional Work on the performan ce of other work or the work of other trades on the Project.
q. Capital expenses, including interest on capital emp loyed in connection with Additional Work.
r. Legal costs.
s. Federal, State, or local income and franchise taxes. t. Profit.

7.7 The term “markup” shall be defined as including the full amount of compensation and expenses including overhead and pr ofit not included in the actual allowable costs. For all Change Orders, unless a lump sum amount is approved by the City, Contractor shall submit an itemized breakdown of the Change Order costs with all markups clearly identified.

7.8 City may also, with or without cause, issue deducti ve Change Orders reducing or removing any portion of the Scope of Wo rk, upon provision of notice to Contractor.

In the event the City desires to issue a deductive Change Order. Any adjustment in the Contract sum for a deductive Change Order shall be calculate d in the same manner as a Change Order for Additional Work as set forth in this Section.

8. PAYMENTS/ACCEPTANCE OF WORK.

8.1 Any conflicting language in the Standard Specificat ions relating to payments and acceptance of work is hereby replaced with the following:
a. The closure date for the purpose of making partial progress payments will be the last day of each month. Contra ctor shall prepare the approximate measurement of the work performed through the closure date and submit it to City for approval by the tenth (10th) day of the following month. Paymen ts will be withheld pending receipt of any outstanding reports required by the Contract Documents. A full five percent (5%) retention will be deducted from all progress payments. Partial paymen ts on the Contract price shall not be considered as an acceptance of any part of the work.
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b. Upon completion of the work, Contractor shall so notify the Project Manager, in writing, submit satisfactory evidence of payment for equipment, materials and labor, and submit the "Contractor’s Affidavit." Upon receipt of the notification, the Project Manager shall promptly, by personal inspection, determine the act ual status of the work in accordance with the terms of the Contract. If he finds materials, equipment, or workmanship that do not meet the terms of the Contract, he shall prepare a preliminary punch list of such items and submit it to Contractor.

Final determination of acceptability shall be made by City. Upon acceptance of the work, City shall file a Notice of Completion. The conditions of the guarantee shall commence on the date that City files a Notice of Completion. City shall make final payment to Contractor in the manner provided by law following the expiration of thirty- five (35) days after filing the Notice of Completion.
c. The final payment shall include the entire sum foun d to be due hereunder after deducting all previous payments and such other lawful amounts as the terms of this Contract describe.

9. LIQUIDATED DAMAGES; EXTENSION OF TIME.

9.1 In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the Liquidated Damages S um set forth above per day for each calendar day completion is delayed beyond the time allowed p ursuant to Section 5 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor.

9.2 The time period(s) specified for performance of the services rendered pursuant to this Contract shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or neglige nce of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City , if the Contractor shall within ten (10) days of the commencement of such delay notify the Projec t Manager in writing of the causes of the delay. The Project Manager shall ascertain the fac ts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Proje ct Manager’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the perfo rmance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

10. WAIVER OF CLAIMS.

10.1 Unless a shorter time is specified elsewhere in thi s Contract, on or before making final request for payment, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims aga inst City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release, and indemnify agreement with each claim for payment.

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11. PREVAILING WAGES.

11.1 Public Work. The Parties acknowledge that the work to be performed under this Contract is a “public work” as defined in Labor Code § 1720 and that this Contract is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with § 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) i mplementing such statutes. The work performed under this Contract is subject to complia nce monitoring and enforcement by the DIR.

Contractor shall post job site notices, as prescribed by regulation.

11.2 Registration with DIR. Pursuant to Labor Code § 17 71.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Contract.

11.3 Prevailing Wages. Contractor shall pay prevailing w ages to the extent required by Labor Code § 1771. Pursuant to Labor Code § 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Contract, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Contract. If this Contract is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state or federal prevailing wage applicable to each person employed on the Project.

11.4 Penalty for Failure to Pay Prevailing Wages. Contra ctor shall comply with and be bound by the provisions of Labor Code §§ 177 4 and 1775 concerning the payment of prevailing rates of wages to workers and the penalt ies for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed f or any public work done pursuant to this Contract by Contractor or by any subcontractor.

11.5 Payroll Records. Contractor shall comply with and b e bound by the provisions of Labor Code § 1776, which requires Con tractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in § 1776; certify and make such payroll records av ailable for inspection as provided by § 1776; and inform the City of the location of the records. Upon request by the City, Contractor shall provide any records to the City pursuant to this subsection within ten (10) days of such request. In the event that the Contractor fails to comply within the10-day period, Contractor or subcontractor shall, as a penalty to the City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.

11.6 Apprentices. Contractor shall comply with and be bo und by the provisions of Labor Code §§ 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, §§ 200, et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned sections for all apprenticeable occupations.

Prior to commencing work under this Contract, Contr actor shall provide City with a copy of the information submitted to any applicable apprentices hip program. Within sixty (60) days after 320

concluding work pursuant to this Contract, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract.

11.7 Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code § 1810.

1.1 Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code § 1813 concerning pena lties for workers who work excess hours.

The Contractor shall, as a penalty to the City, for feit twenty-five dollars ($25) for each worker employed in the performance of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code § 1815, work performed by employees of Contractor in excess of e ight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.

11.8 Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Contract, Contract or shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with § 1720) of the California Labor Code, and shall make such complian ce a requirement in any contract with any subcontractor for work under this Contract. Contrac tor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the cert ified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

12. WORKERS' COMPENSATION LIABILITY INSURANCE.

12.1 California Labor Code §§ 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees.

12.2 In accordance with the provisions of California Lab or Code § 1861, Contractor certifies as follows:
“I am aware of the provisions of § 3700 of the Labo r Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

13. INDEMNIFICATION.

13.1 All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone.

13.2 Contractor shall indemnify, defend with legal couns el approved by City, and hold harmless City, its officers, officials, em ployees and volunteers (each, an “Indemnitee”) 321

from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance o f work under this Contract or its failure to comply with any of its obligations contained in this Contract, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from rep resenting both City and Contractor, or should City otherwise find Contractor’s legal counsel unac ceptable, then Contractor shall reimburse the City its costs of defense, including without limita tion reasonable legal counsels’ fees, expert fees and all other costs and fees of litigation. The Con tractor shall promptly pay any final judgment rendered against the City (and its officers, offici als, employees and volunteers) with respect to claims determined by a trier of fact to have been t he result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Contract.

13.3 Contractor obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceed ing, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was c aused in part or contributed to by an Indemnitee.

However, without affecting the rights of City under any provision of this Contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracto r will be for that entire portion or percentage of liability not attributable to the active negligence of City.

13.4 City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City sha ll be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

14. INSURANCE.

14.1 Without limiting Contractor’s indemnification of Ci ty, and prior to commencement of any services under this Contract, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described in Exhibit “B” attached hereto and incorporated herein.

15. CONTRACTOR'S INDEPENDENT INVESTIGATION.

15.1 No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encounter ed in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to bid will be accepted as an exc use for any failure or omission on the part of Contractor to fulfill in every detail all requireme nts of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 322

15.2 By executing this Contract, Contractor warrants tha t Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, an d (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Contract. If the services involve work upon any site, Contractor warrants that Contractor has investigated the site and is or will be fully acquainted with the conditi ons there existing, prior to commencement of services hereunder.

16. WARRANTY.

16.1 Contractor warrants all work under the Contract (which for purposes of this Section shall be deemed to include unauthorized wor k which has not been removed and any non conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in a ny guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shal l within ten (10) days after being notified in writing by the City of any defect in the work or no n conformance of the work to the Contract, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its so le cost and expense, repair, remove and replace any portions of the work (or work of other contract ors) damaged by its defective work or which becomes damaged in the course of repairing or repla cing defective work. For any work so corrected, Contractor’s obligation hereunder to cor rect defective work shall be reinstated for an additional one year period, commencing with the dat e of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and mat erials necessary to gain access, shall be the sole responsibility of the Contractor. All warranti es and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and gu arantees, if necessary, on behalf of the City.

In the event that Contractor fails to perform its o bligations under this Section, or under any other warranty or guaranty under this Contract, to the re asonable satisfaction of the City, the City shall have the right to correct and replace any defective or non conforming work and any work damaged by such work or the replacement or correction there of at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

17. CONFLICT OF INTEREST.

17.1 Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indi rectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Contract. Contractor further covenants that in the performance of this Contract, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid 323

conflicts of interest or the appearance of any conf licts of interest with the interests of City in the performance of this Contract.

17.2 No officer or employee of the City shall have any f inancial interest, direct or indirect, in this Contract nor shall any such of ficer or employee participate in any decision relating to the Contract which affects his financia l interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Contract.

17.3 Contractor warrants that they have no blood or marr iage relationship, and that they are not in any way associated with any Ci ty officer or employee, or any architect, engineer, or other preparer of the Drawings and Spe cifications for this project. Contractor further warrants that no person in his employ has been empl oyed by City within one (1) year of the date of Notice Inviting Bids. Contractor’s duties and se rvices under this Contract shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitati on regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Co ntractor’s participation in the planning, discussions, or drawing of project plans or specifi cations shall be limited to conceptual, preliminary, or initial plans or specifications. Co ntractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any s ubsequent phase of this Project have access to the same information, including all conceptual, pre liminary, or initial plans or specifications prepared by Contractor pursuant to this Contract.

17.4 Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Co ntract or securing favorable treatment with respect thereto.

18. CONTRACTOR’S AFFIDAVIT.

18.1 After completion of the work contemplated by this C ontract, Contractor shall file with the City Manager his affidavit stat ing that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provisions of the laws of the State of California.

19. SIGNATURE OF CONTRACTOR

19.1 Corporations: The signature must contain the name of the corporation, must be signed by the President and Secretary or Assista nt Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so a uthorizing them to do so is on file in the City Clerk's office.

19.2 Partnerships: Names of all persons comprising the p artnership or co- partnership must be stated. The Contract must be signed by all partners comprising the partnership 324

unless proof in the form of a certified copy of a certificate of partnership acknowledging signer to be a general partner is presented to the City, in which case the general partner may sign.

19.3 Joint Ventures: Bids submitted as joint ventures mu st so state and the Contract is to be signed by each joint venturer.

19.4 Individuals: Bids submitted by individuals must be signed by the bidder, unless an up-to-date power of attorney is on file i n the City, in which case said person may sign for the individual. The above rules also apply in t he case of the use of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature.

20. SECURITY.

20.1 Performance and Payment Bonds. Concurrently with ex ecution of this Agreement, Contractor shall deliver to the City all of the following bonds:
a. A performance bond securing the faithful performan ce of this Agreement, in an amount not less than 100% of the total compensation for this Contract. b. A payment bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement.

20.2 All bonds shall be on the applicable forms provided in Exhibit “C” and Exhibit “D” attached hereto and made part hereof. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement until released.

20.3 Sufficiency of Insurer or Surety. Insurance and bon ds required by this Contract shall be satisfactory only if issued by co mpanies qualified to do business in California, rated “A-” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a fin ancial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds may be changed accordingly upon receipt o f written notice from the City’s Risk Manager.

20.4 Release of Securities. City shall release the performance bond and payment bond when the following have occurred:
a. Contractor has made a written request for release a nd provided evidence of satisfaction of all other requirements under this Contract; b. the Project has been accepted; and
c. after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment 325

bond until such claims have been resolved, Contract or has provided statutory bond, or otherwise as required by applicable law.

20.5 In accordance with Section 22300 of the Public Contracts Code, Contractor may substitute securities for any monies withheld b y City to ensure performance under the Contract.

20.6 At the request and expense of Contractor, securitie s equivalent to the amount withheld shall be deposited with City or wit h a State or Federally chartered bank or an escrow agent who shall pay such monies to Contracto r upon notification by City of Contractor's satisfactory completion of the Contract. The type of securities deposited and the method of release shall be approved by the City Attorney's office.

21. DEFAULTS.

21.1 Default of Contractor. Contractor’s failure to comply with the provisions of this Contract shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligat ion or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to Contract or. If the Project Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Contract, the Project Manager shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance, or such longer time as is approved by the City. In the event that Contractor fails to cure its default within such pe riod of time or if the default reoccurs, the City shall have the right, notwithstanding any other provision of this Contract, to terminate this Contract without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Contract.

21.2 Suspension and Termination.
a. The City may at any time, for any reason, with or w ithout cause, suspend this Contract, or any portion hereof, by se rving upon Contractor at least ten (10) days prior written notice. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwis e. If the City suspends a portion of this Agreement such suspension shall not make void or invalidate the remainder of this Agreement. b. This Contract may be terminated by either party for cause. In the event Contractor desires to the terminate the Agree ment for cause, Contractor shall provide City with notice of the basis for the termination for ca use and an opportunity to cure of not less than ten (30) calendar days. The City may terminate this Contract without cause upon thirty (30) days’ written notice of termination. Upon termination, Co ntractor shall be entitled to compensation for completion of any portion of the Project accepted b y City up to the effective date of termination unless any portion of the Project is accepted by Ci ty after termination in which event Contractor shall be paid for such completed portion.

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22. RESOLUTION OF CLAIMS.

22.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and prot ests between the Parties. The disputed work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined as set forth below. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters.

22.2 Section 20104 et seq. of the California Public Cont ract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction cla ims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negot iation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

22.3 For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

22.4 The following requirements apply to all claims to which this section applies:
a. Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Clai ms governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. b. Supporting Documentation. The Contractor shall subm it all claims in the following format:
(i) Summary of the claim, including references to the s pecific Contract Document provisions upon which the claim is based. (ii) List of documents relating to claim: (a) Specificat ions, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim.
(iv) Statement of grounds for the claim.
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(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. c. City’s Response. Upon receipt of a claim pursuant t o this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 calendar days, shall provide the Contractor a written statem ent identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 calendar days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet withi n the 45 calendar days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-da y period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 calendar days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additi onal information is thereafter required, it shall be requested and provided pursuant to this subdivis ion, upon mutual Contract of City and the Contractor.
(iii) The City’s written response to the claim, as furthe r documented, shall be submitted to the Contractor within 30 calendar days (if the claim is less than $50,000, within 15 calendar days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor i n producing the additional information or requested documentation, whichever is greater.
d. Meet and Confer. If the Contractor disputes the Cit y’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 calendar days of receipt of the City’s response or within 15 calendar days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 calendar days for settlement of the dispute.
e. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any por tion of the claim remains in dispute, the City shall provide the Contractor a written statement id entifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 calenda r days after the City issues its written statement. Any disputed portion of the claim, as id entified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City an d the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the Parties agree to select a mediator at a later time.
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(i) If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third Party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes an y nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists t he Parties in dispute resolution through negotiation or by issuance of an evaluation. Any me diation utilized shall conform to the timeframes in this section.
(iii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. f. City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in thi s section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall n ot constitute an adverse finding with regard to the merits of the claim or the responsibility of qu alifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subseq uent procedures for the resolution of disputed claims.
g. Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all p rocedures pertaining to extra work, disputed work, construction claims, and/or changed condition s, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date t hat Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims.
h. (h) Civil Actions for Claims of $375,000 or Less. T he following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
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(i) Within 60 calendar days, but no earlier than 30 cal endar days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of bo th Parties or unless mediation was held prior to commencement of the action in accordance with Pu blic Contract Code section 9204 and the procedures in this Section. The mediation process shall provide for the selection within 15 calendar days by both Parties of a disinterested third perso n as mediator, shall be commenced within 30 calendar days of the submittal, and shall be conclu ded within 15 calendar days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both Parties. If the Parties fail to select a mediator within the 15 - day period, either Party may petition the court to appoint the mediator. (ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (co mmencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstand ing Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 201 6.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought un der this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the Parties, arbitrators appoin ted for these purposes shall be experienced in construction law, and, upon stipulation of the Parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the Parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any Party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other Party arising out of the trial de novo.

23. NOTICE TO CITY OF CLAIMS OR LABOR DISPUTES.

23.1 Whenever Contractor has knowledge that any actual o r potential labor dispute is delaying or threatens to delay the timel y performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City.

24. RECORDS, REPORTS, AND RELEASE OF INFORMATION

24.1 Records. Contractor shall keep, and require subcont ractors to keep, such ledgers, books of accounts, invoices, vouchers, can celed checks, reports, studies, certified and accurate copies of payroll records in compliance wi th all applicable laws, or other documents relating to the disbursements charged to City and s ervices performed hereunder (the “books and records”), as shall be necessary to perform the ser vices required by this Contract and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, includi ng the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years 330

following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contrac tor shall fully cooperate with the City in providing access to the books and records if a publ ic records request is made and disclosure is required by law including but not limited to the California Public Records Act.

24.2 Reports. Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Contract as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Contract. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decr ease the cost of the work or services contemplated herein, Contractor shall promptly noti fy the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

24.3 Ownership of Documents. All drawings, specification s, maps, designs, photographs, studies, surveys, data, notes, compute r files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Contract shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Contract, and Contractor shall have no claim for further employme nt or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assig nment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

24.4 Confidentiality and Release of Information. Informa tion gained or work product produced by Contractor in performance of th is Contract shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.

24.5 Contractor, its officers, employees, agents or subc ontractors, shall not, without prior written authorization from the Projec t Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information co ncerning the work performed under this Contract. Response to a subpoena or court order sha ll not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. 331

24.6 If Contractor, or any officer, employee, agent or s ubcontractor of Contractor, provides any information or work product in violation of this Contract, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct.

24.7 Contractor shall promptly notify City should Contra ctor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party reg arding this Contract and the work performed there under. City retains the right, but has no obl igation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Cont ractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

25. UTILITY LOCATION.

25.1 To the extent required by Government Code § 4215, C ity will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipme nt on the project necessarily idled during such work. Nothing herein shall be deemed to requir e City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in wr iting. This Contract is subject to Government Code§§ 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

26. REGIONAL NOTIFICATION CENTERS.

26.1 Contractor agrees to contact the appropriate region al notification center in accordance with Government Code Section 4216.2.

27. TRENCH PROTECTION AND EXCAVATION.

27.1 Pursuant to Labor Code § 6705, if this Project requ ires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of ca ving ground during the excavation of such trench or trenches.

27.2 The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom au thority has been delegated, prior to the excavation. If the plan varies from the shoring sys tem standards, the plan shall be prepared by a registered civil or structural engineer.
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27.3 This Section shall not be deemed to allow the use o f a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders.

27.4 This Section shall not be construed to impose tort liability on the City or any of its employees.

27.5 Full compensation for sheeting, shoring, bracing, s loping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.

28. PROTECTION AND CARE OF WORK AND MATERIALS.

28.1 The Contractor shall adopt reasonable methods, incl uding providing and maintaining storage facilities, during the life of the Contract to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonabl y accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

29. HAZARDOUS CONDITIONS.

29.1 Contractor shall, without disturbing the condition, notify City, in writing, as soon as Contractor, or any of Contractor's subcontr actors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
a. The presence of any material that Contractor believ es is hazardous waste, as defined in Section 25117 of the Health and Safety Code; b. Subsurface or latent physical conditions at the sit e differing from those indicated in the specifications; or
c. Unknown physical conditions at the site of any unus ual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

29.2 Pending a determination by City of appropriate acti on to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.

29.3 City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order.

29.4 In the event of a dispute between City and Contract or as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, perform ance of any part of the work, Contractor shall 333

not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.

30. CARB COMPLIANCE.

30.1 For a project involving the use of in-use off-road diesel-fueled vehicles, as defined by 13 CCR 2449, Contractor shall obtain cop ies of the valid Certificates of Reported Compliance, as described in 13 CCR 2449(n), for the fleet performing services pursuant to this contract and all listed subcontractors, if applicable, prior to commencing any work pursuant to this Contract or any renewed contract with that fleet. C ontractor shall indemnify, defend and hold harmless the District, its officers, agents, employ ees and directors from any liability imposed arising from Contractor’s violation of any regulation set forth in 13 CCR 2449.

31. INSPECTION.

31.1 The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and c onstruction and all other times and places, including, without limitation, the plans of Contrac tor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance fo r the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made wi thin a reasonable time after completion of the work.

32. CONTRACTOR STATUS.

32.1 Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on be half of or against City, whether by contract or otherwise, unless such authority is expressly confe rred under this Contract or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, em ployees, or agents are in any manner officials, officers, employees or agents of City. Neither Cont ractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

32.2 Neither the City nor any of its employees shall hav e any control over the manner, mode or means by which Contractor, its agen ts or employees, perform the services required herein, except as otherwise set forth here in. City shall have no voice in the selection, discharge, supervision or control of Contractor’s e mployees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of Cit y and shall remain at all times as to City a wholly independent contractor with only such obliga tions as are consistent with that role. City shall not in any way or for any purpose become or b e deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor, and Contractor shall make no representation to that effect. 334

32.3 The experience, knowledge, capability and reputatio n of Contractor, its principals and employees were a substantial inducem ent for the City to enter into this Contract.

Therefore, Contractor shall not contract with any o ther entity to perform in whole or in part the services required hereunder without the express wri tten approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Contract. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered volu ntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present owner ship and/or control of Contractor, taking all transfers into account on a cumulative basis. In th e event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

33. GENERAL TERMS.

33.1 Waiver. Waiver by any party to this Contract of any term, condition, or covenant of this Contract shall not constitute a wa iver of any other term, condition, or covenant.

Waiver by any party of any breach of the provisions of this Contract shall not constitute a waiver of any other provision or a waiver of any subsequen t breach or violation of any provision of this Contract. Acceptance by City of any work or service s by Contractor shall not constitute a waiver of any of the provisions of this Contract. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

33.2 Rights and Remedies Are Cumulative. Except with res pect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or differe nt times, of any other rights or remedies for the same default or any other default by the other party.

33.3 Unfair Business Practices Claims. Pursuant to Publi c Contract Code § 7103.5, in entering into this Contract, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under § 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties.

33.4 Discrimination. Contractor covenants that, by and f or itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Contract. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, 335

creed, religion, sex, gender, sexual orientation, m arital status, national origin, ancestry, or other protected class.

33.5 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.

Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Contract, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together wit h any and all costs, including attorneys’ fees, incurred by City.

33.6 Non-liability of City Officers and Employees. No of ficer or employee of the City shall be personally liable to the Contract or, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Contract.

33.7 Governing Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any d ispute, claim or matter arising out of or in relation to this Agreement shall be instituted in t he Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.

33.8 Provisions Required By Law. Each and every provisio n of law and clause required by law to be inserted in this Contract sha ll be deemed to be inserted herein, and the Contract shall be read and enforced as though it we re included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physi cally amended to make such insertion or correction.

33.9 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a co urt of competent jurisdiction, such invalidity or unenforceability shall not affect any of the rem aining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Contract meaningless.

33.10 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Contract or any ot her rule of construction which might otherwise apply.

33.11 Counterparts. This Contract may be executed in any number of counterparts and each of such counterparts shall for all purpose s be deemed to be an original, whether the 336

signatures are originals, electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Contract. All signatures on bonds must be originals.

33.12 Written Notice. Any written notice required to be g iven in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor as set forth above, and to City addressed to the Project Manager as follows:

City of Murrieta
1 Town Square
Murrieta, CA 92562

34. CONTRACT MODIFICATIONS

34.1 Additional terms and conditions of this Contract, i f any, or any modifications or revisions to the standard terms an d conditions herein are made a part hereof as set forth in the “Contract Modifications” attached hereto as Exhibit A and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit A and any other provisions of this Contract, the provisions of Exhibit A shall govern.

35. FEDERAL FUNDING.

35.1 If federal funding is being utilized to fund any pa rt of the Project, as indicated on the Cover Page of this Contract, the terms of Exhibit E are hereby incorporated herein by this reference. If no federal funding is being utilized, Exhibit may be omitted.

[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have execute d this Contract on the date and year set forth below.

CITY OF MURRIETA ATTEST :

By:_____________________________ By:_____________________________ Cindy Warren, Mayor Cristal McDonald, City Clerk
Date: ___________________________ Date: ___________ ________________

APPROVED AS TO FORM

ALESHIRE & WYNDER, LLP
By: ____________________________
Tiffany Israel, City Attorney

CONTRACTOR :

By:_____________________________ By:_____________________________ Name:

Click or tap here to enter text. Name: Click or tap here to enter text.

Title: Click or tap here to enter text. Title: Click or tap here to enter text.

Date: ___________________________ Date: ___________ ________________

Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Sec retary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or regulations applicable to Contractor’s bus iness City.

Jon Levell, Mayor 338

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EXHIBIT A

CONTRACT MODIFICATIONS
(Superseding Contract Boilerplate)

The insurance requirements set forth in Exhibit B are revised as follows:

The requirement in Section 5 for Cyber insurance is eliminated and replaced with the requirements for “Contractor’s Pollution Legal Liabilt y and/or Asbestos Legal Liability and/or Errors and Ommissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.”

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EXHIBIT B

INSURANCE REQUIREMENTS

Contractor shall procure and maintain for the dura tion of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including pr oducts and completed operations, property damage, bodily injury and personal & adver tising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the ge neral aggregate limit shall apply separately to this proj ect/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit .

2. Automobile Liability: Insurance Services Office Form Number CA 0001 cover ing, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

5. Cyber: Vendor/Contractor shall procure and maintain for th e duration of the contract insurance against claims for security breaches, sys tem failures, injuries to persons, damages to software, or damages to property (includ ing computer equipment) which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, inf ringement of intellectual property, invasion of privacy and breach of data.

Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agre ement and shall include, but not be limited to, claims involving security breach, syste m failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyri ght, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of e lectronic information. The policy shall 340

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If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitle d to the broader coverage and/or the higher limits maintained by the Contractor. Any ava ilable insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as IS O Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Contra ctor ’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as resp ects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acce ptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, a dditional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Um brella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insu rance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

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Contractor hereby grants to City a waiver of any ri ght to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that ma y be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and app roved by the City. The City may require the Contractor to purchase coverage with a lower retent ion or provide proof of ability to pay losses and related investigations, claim administration, a nd defense expenses within the retention. The policy language shall provide, or be endorsed to pr ovide, that the self-insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured rete ntion (SIR) or deductible that exceeds $25,000 unless approved in writing by City. Any and all ded uctibles and SIRs shall be the sole responsibility of Contractor or subcontractor who p rocured such insurance and shall not apply to the Indemnified Additional Insured Parties. City ma y deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR t o the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustm ent Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a cop y of any policies and endorsements for verification.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of ins urance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a m inimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverag e required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City b efore work commences. However, failure to obtain the required documents prior to the work beg inning shall not waive the Contractor’s 342

Public Works Construction Contract Between $75k and $220k Template DRAFT(1008641.4)(2063675.1).dotx 11/7/2025 obligation to provide them. The City reserves the r ight to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

City reserves the right to modify these requirement s, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors
Contractor shall require and verify that all subcon tractors maintain insurance meeting all the requirements stated herein, and Contractor shall en sure that City is an additional insured on insurance required from subcontractors.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but n ot limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years fo r Completed Operations liability coverage. Such Insur ance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
City reserves the right to modify these requirement s, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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EXHIBIT C

PERFORMANCE BOND
We,________________________________________________ ______, as Principal, and ___________________________________________________ _____, as Surety, jointly and severally, firmly bin d ourselves, our heirs, representatives, successors a nd assigns, as set forth herein, to the City of Mur rieta (“City”) for payment of the penal sum of _______________________ ______________ U.S. Dollars and ____________Cents ($___________________________). City and Principal have entered into an contract, or are about to ente r into the contract attached hereto and incorporated by refere nce herein, for completion of public works for the property(ies) referenced in said contract. Surety herein approves of the terms and conditions of said contract and b inds itself to faithfully perform the obligations of Principal the rein if Principal fails to so perform. Surety ackno wledges that the contract herein referenced shall be that document a s executed by City and Principal.

THE CONDITION OF THIS OBLIGATION IS SUCH that if th e Principal shall in all things stand to and abide by, and well and truly keep and perform all of the cove nants, conditions, and provisions in said agreement , and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save har mless the City, City’s engineer, and their consulta nts, and each of their officials, directors, officers, employees and agents, as therein stipulated, then this obligatio n shall become null and void; otherwise, it shall be and remain in full force and effect.

Surety agrees that should it fail to take over and diligently perform the contract upon Principal's de fault after notice and within the time specified in the agreement, Sur ety will promptly on demand deposit with City such amount as City may reasonably estimate as the cost of complet ing all of Principal's obligations. Surety's obliga tion for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement, and payment by Surety should be conclusi vely presumed between the parties herein to relieve , as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.

Surety agrees that no change, extension of time, al teration, or addition to the terms of the contract, or the work to be performed thereunder or the plans and specification s, or any matters unknown to Surety which may affec t Surety's risk shall in any wise affect its obligation on thi s bond, and it does thereby waive notice thereof.

Principal and Surety agree that if the City is requ ired to engage the services of an attorney in conne ction with the enforcement of this bond, each shall pay City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum.

Executed this __________________ day of __________ ______, ________.

Seal of Corporation

By:____________________________________
Authorized Representative of Principal
Title: _____________

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIV ES)

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_________________________ _____________________ _______________ Name Address
____________________________________
City and State
____________________________________
Telephone Number

By:____________________________________
Attorney in Fact or other Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIV E)
Furnish the name, address and phone number of the c ompany agent as well as the surety company.

Sureties must be authorized to do business in and h ave an agent for service of process in California a nd be on the accredited list of the United States Treasury Depar tment (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwi se meet the requirements of the agreement.

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EXHIBIT D

PAYMENT BOND
We, _______________________________________________ _____________, as Principal, and ___________________________________________________ _________________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Murrieta (“City”) and those for whose benefit this bond insu res in the sum of ___________________________ U.S. Dollars and __________ Cents ($_________________). City and Principal have entered into a contract, or are about to enter into the contract attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said contract and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perfo rm. Surety acknowledges that the contract herein referenced shall be that document as executed by City and Principal. If Principal or any of Principal's contractors or subcontractors , fails to pay any of the persons named in §§ 9000, et seq. of the California Civil Code employed in the performance o f the agreement for materials furnished or for labo r thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the s um specified above, and also shall pay, in case sui t is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court.

Surety agrees that it shall pay the amounts due the persons above named and diligently perform the con tract upon Principal's default after notice and within the tim e specified in the agreement. If Surety fails to pe rform within the times specified in the agreement, Surety shall prom ptly on demand deposit with City such amount as Cit y may reasonably estimate as the cost of completing all o f Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy betwe en Principal and City regarding Principal's failure under the contract. Principal and Surety agree that any paym ent by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be d eemed proper payment as between Principal and Surety.

This bond shall insure to the benefit of any and al l of the persons named in §§ 9000, et seq. of the C alifornia Civil Code so as to give a right of action to them or the ir assigns in any suit brought upon this bond.

Surety agrees that no change, extension of time, al teration, or addition to the terms of the agreement , or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on thi s bond, and it does hereby waive notice thereof.

Principal and Surety agree that should City become a party to any action on this bond, that each will also pay City's reasonable attorneys' fees incurred therein in addi tion to the above sums.

Executed this _____________________ day of ________ _______, __________.

Seal of Corporation

By:____________________________________
Authorized Representative of Principal
Title: _________________________________

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIV ES) 346

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Any claims under this bond may be addressed to:

_________________________ _____________________ _______________ Name Address
____________________________________
City and State
____________________________________
Telephone Number

347
ATTACHMENT 1
PROPOSAL - AMERICAN ASPHALT SOUTH, INC.

PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE CITY OF MURRIETA

AUTO MALL, DATE, AND HOBIE RESURFACING AND STRIPING PROJECT MSD PROJECT NO. 26-010
PROPOSAL - ROY ALLAN SLURRY SEAL, INC.

CIP No. 13080
348
11922 Bloomfield Ave.Santa fe Springs, CA. 90670(phone)562-864-3363 (fax)562-864-6612PROPOSAL and CONTRACT26-147CONTRACTOR'S LICENSE NO. 372798 CLASS A, C12, C32DIR PUBLIC WORKS REGISTRATION # 1000001156OwnerAddress:Wednesday, June 17, 2026DateCITY OF MURRIETAJobName:AUTO MALL PARKWAY SLURRY SEALLocation:AUTO MALLCity:MURRIETABidDate:06/17/26 0:00Job Type: PREVAILING WAGERepresentative:Phone:Fax:BidNo:ItemNoQuantityUnitItemUnitPriceTotal011L.S.CRACK SEAL 1/4" OR GREATER$9,080.400$9,080.4002252888S.F.RPMS TYPE I I$0.265$67,015.32031L.S.STRIPING REMOVALS$3,570.000$3,570.00Grand Total$79,665.72Excludes1 A/C REPAIRS.2 REMOVAL & REPLACEMENT OF STRIPING, MARKINGS, RPMS.3 STRIPING AND MARKINGS AND RPMS.4 ***STAGING AREA (MUST BE PROVIDED)***.Includes1 TRAFFIC CONTROL FOR SLURRY SEAL.2 SWEEPING FOR SLURRY SEAL.3 WEED REMOVAL.4 POST & NOTIFY FOR SLURRY SEAL.Contract invoice shall be paid at 95% of each invoice as submitted; 5% retention to be paid within 35 days after final acceptance or 6 months from date of each invoice whichever occurs first. No retention will be held on a purchase order.CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTOR'S STATE LICENSEBOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR OF THE BOARD WHOSE ADDRESS IS:Contractor's State License Board 9835 Gothe Road, Sacramento, CA 95827Accepted: _________________By:________________________ __________________ Authorized Signature(Buyer) Print NameDate:_______The above unit price will remain effective for 30 days from: 6/17/2026Terms of PaymentROY ALLAN SLURRY SEAL, INC.CONTRACTOR'S LICENSE NO. 372798BY:____________________ BY:____________________*Quote is null and void if project requires a Project Labor Aggreement (PLA)* 349
ATTACHMENT 2

PROJECT SPECIFICATIONS AND SCOPE OF WORK

PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE CITY OF MURRIETA

AUTO MALL, DATE, AND HOBIE RESURFACING AND STRIPING PROJECT MSD PROJECT NO. 26-010
CIP No. 13080
350

CITY OF MURRIETA

PLANS, SPECIFICATIONS, AND

CONTRACT DOCUMENTS

FOR

AUTO MALL, DATE, AND HOBIE RESURFACING AND STRIPING

PROJECT
MSD PROJECT NO. 26-010

GARRETT P. STRANG

CAPITAL PROJECTS PROGRAM MANAGER

CITY OF MURRIETA

DEPARTMENT OF MUNICIPAL SERVICES
1 Town Square
Murrieta, California 92562
(951) 461-6421

(Class “A” or “C-12” Contractor’s License)

Published June 15, 2026
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TABLE OF CONTENTS

AUTO MALL, DATE, AND HOBIE RESURFACING AND STRIPING PROJECT MSD PROJECT NO. 26-010

CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE ........................................................... R-1

GENERAL SPECIFICATIONS ...................................................................................... GS-1 – GS-3

SPECIAL PROVISIONS ............................................................................................................ SP-1 – SP-9

TECHNICAL SPECIFICATIONS ......................................................................................... TS-1 – TS-23

APPENDICES

APPENDIX A — MAP AND LIST OF STREETS TO BE SLURRIED
352

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
RELEASE R-1 6/15/2026
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CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE

This is to certify that

FILL IN CONTRACTOR'S NAME
(hereinafter the "undersigned") declares to the Cit y of Murrieta, hereinafter referred to as "City," under oath, that it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the undersigned or by any of the undersigned's agents, employees, or subcontractors used or in contribution to the ex ecution of its contract with City with regard to the building, erection, construction, or repair of that certain work of improvement known as MSD PROJECT NO. 26-010 , situated in the City of Murrieta, State of Californ ia, more particularly described as follows:

AUTO MALL, DATE, AND HOBIE RESURFACING AND STRIPING PROJECT

The undersigned declares that it knows of no unpaid debts or claims arising out of said Contract that would constitute grounds for any third party to claim a stop notice of any unpaid sums owing to the undersigned.

Further, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned does hereby fully release and acquit City and all agents and employees of City, and each of them, from any and all claims, debts, demands, or causes of action that exist or might exist in favor of the undersigned by reason of the Contract executed between the undersigned and City or that relate in any way to the work performed by the undersigned with regard to the above-referenced construction project.

Further, the undersigned expressly acknowledges its awareness of, and waives the benefits of, Section 1542 of the Civil Code of the State of California which provides: "A general release does not extend to claims that the creditor does not kno w or suspect to exist in his favor at the time of executing the release, which if known by him must h ave materially effected his settlement with the debtor."

This release is intended to be a full and general r elease of any and all claims that the undersigned now has or may, in the future, have against City and/or its agents and employees with regard to any matter arising from the construction of the above-referenced project or the Contract between City and the undersigned with respect thereto, whether such claims are now known or unknown or are suspected or unsuspected.

CONTRACTOR

Dated:___________________________ By: _____________ ____________________________ Signature

_________________________________________
Print Name and Title

353

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
GENERAL SPECIFICATIONS GS-1 6/15/2026
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GENERAL SPECIFICATIONS

AUTO MALL, DATE, AND HOBIE RESURFACING AND STRIPING PROJECT MSD PROJECT NO. 26-010

SCOPE OF WORK

The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above-stated project. The general items of work to be done hereunder consist of:

The placement of SLURRY SEAL at Auto Mall Parkway, Date Street, and Hobie Circle. The scope of work shall includes but is not limited to stripi ng removals, crack sealing, surface prep, street sweeping, traffic control, slurry sealing, and other ancillary work as shown on the plans, these special provisions or as directed by the Project Manager.

LOCATION OF WORK

The general locations and limits of work are as follows:

• Auto Mall Parkway – from Jefferson Ave. to Date St.
• Date Street – from Jefferson to Auto Mall Pkwy.
• Hobie Circle – from Auto Mall Pkwy to Date St.

TIME OF COMPLETION

Contractor shall complete all work in every detail within the time limits specified in the Contract

UTILITY REQUIREMENTS

Contractor is advised of the existence of the utili ty notification service provided by Underground Service Alert (USA). USA member utilities will provide Contractor with the precise locations of their substructures in the construction area when C ontractor gives at least two (2) working days' notice to USA by calling l-800-422-4133.

Contractor shall notify the agencies listed in Appendix A at least two (2) working days in advance of excavating around any of their structures. The utility companies listed can be contacted as applicable.

The California Public Utilities Commission mandates that, in the interest of public safety, mainline gas valves be maintained in a manner to be readily accessible and in good operating condition.

Contractor shall notify the Southern California Gas Company's Headquarters Planning Office at (951) 634-3258 at least two (2) working days prior to the start of construction.

FLOW AND ACCEPTANCE OF WATER

It is anticipated that storm, surface, or other waters will be encountered at various times during the work herein contemplated. Contractor, by submitting a bid, acknowledges that he has investigated 354

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the risk arising from such waters and has prepared his bid accordingly; and Contractor submitting a bid assumes all said risk.

Contractor shall conduct his operations in such a m anner that storm or other existing waters may proceed uninterrupted along their existing street or drainage courses. Diversions of water for short reaches to protect construction in progress will be permitted if public and/or private properties, in the opinion of the Engineer, are not subject to probability of damage. Contractor shall obtain written permission from the applicable public agency or pro perty owner before any diversion of water outside of public right-of-way will be permitted.

STANDARD SPECIFICATIONS

The Standard Specifications of City are contained in the 2015 edition of the Standard Specifications for Public Works Construction , including all supplements as written and promulgated by Public Works Standards, Inc. Copies of those Standard Specifications are available from the publisher:

Building News, Inc. (BNi)
990 Park Center Drive, Suite E
Vista, CA 92081
(760) 734-1113
www.bnibooks.com

The Standard Specifications for set forth above will control the general provisions for this Contract except as amended by the Plans, Special Provisions, or other Contract Documents, and the deletion of Section 307.

The Standard Specifications, Department of Transportation, State of California, May 2018 State Standard Specifications , will control the installation of signs and striping for this Contract, except as amended by the Plans, Special Provisions, or other Contract Documents. Only those sections requiring amendment or elaboration, or specifying options, are called out.

In case of conflict between the Standard Specificat ions or State Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions.

Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to be used. Unless otherwise specified, Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract.

WAGE RATES AND LABOR CODE REQUIREMENTS

Wage Rates

Contractor and all subcontractors shall be required to adhere to the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Section 1770, 1773, and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the Office of the City Clerk and are available for review upon request.
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Apprentices

Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Com mittee nearest the site of the public works project that administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract.

Contractor is required to make contributions to fun ds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, c ontributions, wage schedules, and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.

Clayton Act and Cartwright Act

Section 4551 of the State Government Code specifies that in executing a public works contract with City to supply goods, services, or materials, Contractor or subcontractors offer and agree to assign to City all rights, title, and interest in and to a ll causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Ca rtwright Act (Chapter 2 commencing with Section 16700) of Part 2 of Division 7 of the Business and Professional Code arising from purchase of goods, services, or materials pursuant to the Co ntract or subcontract. This assignment shall become effective when City tenders final payment to Contractor without further acknowledgment by the parties.

SUBSTITUTION OF SECURITIES

In conformance with the State of California Public Contract Code, Section 22300, Contractor may substitute securities for any monies withheld by City to ensure performance under the Contract.

At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with City or with a State or Federally chartered bank as the escrow agent who shall pay such monies to Contractor upon notification by City of Contractor's satisfactory completion of the Contract.

The type of securities deposited and the method of release shall be approved by the City Attorney's office.

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SPECIAL PROVISIONS

AUTO MALL, DATE, AND HOBIE RESURFACING AND STRIPING PROJECT MSD PROJECT NO. 26-010

THE FOLLOWING SPECIAL PROVISIONS ARE TO BE USED IN CONJUNCTION WITH THE “STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (GREEN BOOK)” UNLESS OTHERWISE NOTED.

SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS

1-2 DEFINITIONS
[Add or replace with the following]:

Agency - City of Murrieta (City)

Board - City Council of the City

Caltrans - California Department of Transportation

City - City of Murrieta

County - County of Riverside

Director - Director of the Public Works Department, City of Murrieta, acting either directly or through his pro perly authorized agents, each agent acting only within the scope of authority designated to him.

Engineer

Director of the Public Works Department/City Engine er, City of Murrieta, acting either directly or through his properly authorized agents, each agent acting only within the scope of authority designated to him.

E.V.M.W.D. -

Elsinore Valley Municipal Water District

E.M.W.D. -

Eastern Municipal Water District

Final Acceptance - That stage of construction and plant establishment that allows City to accept the project as completed (no punch list items remaining unresolved).

When Contractor believes the project is ready for f inal acceptance, he shall call for a final acceptance inspection.

Director will inspect the project to verify its com pletion.

Should there be elements that are not completed, Director will record same (final acceptance punch list) and bring them to the attention of Contractor. All punch lis t items must be resolved prior to final acceptance.

When, in Director's judgment, the work has been
completed in accordance with the Plans and Specifications and is ready for final acceptance, he will so certi fy to the Board, which may accept the completed work. Upon
acceptance of the work by the Board, the City Clerk will file the Notice of Completion with the County Recorder. 357

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Federal - United States of America

Standard Specifications - Standard Specifications f or Public Works Construction, 2015 edition

State Standard
Specifications
State of California, Department of Transportation,
Standard Specifications , dated May 201 8

R.C.W.D. - Rancho California Water District

R.C.F.C.D. & W.C.D. - Riverside County Flood Contro l and Water Conservation District

Substantial Completion - That stage of construction that allows Director to occupy or use the project for its intended purpose. When a project includes a plant establishment period, the date of the start of the plant establishment period may, at the discretion of Director, be used as the basis for determining the
substantial completion date, provided that all elements of the project, other than the landscape, are substant ially completed as defined above.

The substantial completion date will be determine d by
Director in cooperation with Contractor and establish the termination of the time period for construction, and this date is used as a basis for determining whether liquidated damages are assessable. In no case shall the plant establishment period end prior to the final acceptance of the project.

When Contractor believes that construction of the project is substantially complete, he shall call for an ins pection.

Director will inspect the total project to verify i ts
completion by Contractor. Should there be elements of the project that are not yet completed, Director will record same (substantial completion punch list) and bring them to the attention of Contractor. All such items mus t be completed prior to acceptance of the project substantially complete.

In the event re -inspection of any project element results in additional cost to City for consultant or staff tim e,
Director retains the right to withhold sufficient funds from payments due Contractor to cover the cost to City of such re -inspection.

Traveled Way - That portion of the roadway reserved for the movement of vehicles for the general public, exclusive of shoulders and auxiliary lanes. When traffic has been diverted or restricted to certain lanes, with the approval of Engineer, th ese diversions or restric ted lanes become the traveled way.

W.M.W.D. - Western Municipal Water District

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1-4 UNITS OF MEASURE

1-4.1 GENERAL
[Replace with the following]:

U.S. Standard Measure is the principal measurement system in these contract documents and shall be used for construction.

SECTION 2 — SCOPE AND CONTROL OF WORK

2-1 AWARD AND EXECUTION OF CONTRACT
[Add the following]

Within ten (10) working days after the date of the Notice to Award, Contractor shall execute and return the following Contract Documents to City:

-Payment Bond
-Performance Bond
-Certificate of Insurance (COI)
-City of Murrieta Vendor Application
-City of Murrieta Business License
-W-9

Failure to comply with the above will result in annulment of the award.

The Contract shall not be considered binding upon City until executed by the authorized City officials.

A corporation to which an award is made may be requ ired, before the Contract Agreement is executed by City, to furnish evidence of its corpor ate existence, of its right to enter into contracts in California, and that the officers signing the Co ntract and Bonds for the corporation have the authority to do so.

2-5 PLANS AND SPECIFICATIONS

2-5.1 GENERAL
[Replace the first paragraph with the following]:

Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as-built conditions. Upon completion of all work, Contractor shall return the control set to Engineer . Final payment will not be made until this requirement is met.

Adjustments to the layout of this Plan may be neces sary due to the unknown existing conditions.

It is Contractor's responsibility to retain the des ign intent. If a layout discrepancy should occur, Contractor is to contact City's representative.

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2-5.3 SUBMITTALS
[Add the following]:

Contractor shall submit the following submittals in addition to those identified in the Special Provisions:

No. Submittal Section Reference
1 Encroachment Permit : City of Murr ieta 7-5 Permits
2 Emergency Contact List
3 Construction Schedule 6-1.1 Schedule
4 Mix Design : Type II RPMS 203 -3.4.4.4 Mix Design Asphaltic emulsion 203 -3.4.4.2 Materials
Polymer Additive 203 -3.4.4.2 Materials
Crumb Rubber 203 -3.4.4.2 Materials
Carbon Black Solution 203 -3.4.4.2 Materials
Aggregate 203 -3.4.4.2 Materials
5 Crack Sealant /Fill 302 -14.2 Materials
6 Continuous Mixer Calibration Report 302 -4.3.4 Calibration 7 Notices: 302-4.5 Scheduling, Public
Convenience and Traffic Control
a. Advanced Construction Notice
b. Door Hanger, Single Coat (English/Spanish)
c. Door Hanger, Two Coats (English/Spanish)
d. No Parking Signs

2-6 WORK TO BE DONE

2-6.1 CITY-FURNISHED MATERIALS

Materials will not be furnished by the City on this project.

Note: All materials and equipment shall be furnished by the Contractor.

2-9 SURVEYING

2-9.2 SURVEY SERVICE
[Replace with the following]:

The Contractor shall provide all surveying and construction services. All work shall be performed under the supervision of a Licensed Surveyor or a p re-1982 Registered Civil Engineer, pursuant to the California Business and Professions Code 8729, and shall conform to the quality and practice required by the Engineer.

Before starting any survey work, the Contractor sha ll submit in writing for approval by the Engineer, the proposed procedures, methods, equipme nt, and typical stake markings to be used.

All procedures, methods, typical stake markings sha ll be in accordance with the latest edition of the California Department of Transportation “Surveys Manual.” Special attention shall be made 360

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to Chapter 12, "Construction Surveys." Copies of t he "Surveys Manual" are available to the Contractor, at the Department of Transportation, Pl ans and Bid Documents counter, Room 39, 1120 N Street, P.O. Box 942874, Sacramento, CA 9427 4-0001 or on the Caltrans website at www.dot.ca.gov .

The Contractor shall be responsible for protecting all existing horizontal and vertical survey controls . Monuments, ties and bench marks located within t he limits of the project. If any of the above require removal, relocating or resetting, the Contractor shall, prior to any construction work and under the supervision of a California-licensed land surveyor or pre-1982 licensed civil engineer, establish sufficient temporary ties and bench marks to enable the points to be reset after completion of construction.

Any ties, monuments and bench marks disturbed durin g construction shall be reset per Caltrans standards after construction and the tie notes submitted to the Engineer on 8-1/2" x 11" note paper.

The Contractor and its sureties shall be liable for, at his expense, any resurvey required due to his negligence in protecting existing ties, monuments, bench marks or any such horizontal and vertical controls.

The Contractor shall comply with The Land Surveyors Acts//9771 (Record of Surveys - Monumentation) and//8773 (Corner Records - Records of Survey for "Lost Corners").

SECTION 3 — CHANGES IN WORK

3-3 EXTRA WORK

3-3.2.3 MARKUP
[Add the following as the first paragraph]:

The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers, and other personnel not working directly on the change order and pickups or yard trucks used by the above personnel. These costs shall not be reported as labor or equipment elsewhere except whe n actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed.

3-3.2.3 (a) Work by Contractor
[Add the following]:

The Contractor’s markup to the Contractor’s costs a s determined under 3-3.2.2 shall not exceed 20% for labor and 15% for materials and equipment a nd shall constitute the markup for all overhead and profit on work by the Contractor.

3-3.2.3 (b) Work by Subcontractor
[Add the following]:

The Contractor’s markup to the Subcontractor’s cost s and markup shall not exceed 5% and shall constitute the markup for all overhead and profit for the Contractor on work by the Subcontractor.

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SECTION 5 - UTILITIES

5.6.1 UTILITY COORDINATION
[Add the following section]:

Any cost associated with coordinating with utility companies shall be considered included as part of this contract. Payment for Utility Coordination shall be included in the various bid items of work and no additional compensation shall be allowed thereafter.

SECTION 6 — PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
[Replace with the following]:

Contractor's proposed Construction Schedule shall b e submitted to Engineer within ten (10) working days after the date of the Notice of Award of Contract. The schedule shall be in graphic form, bar graph, or such similar form as is accepta ble to the City's representative showing the proposed dates of commencement, critical path items , and completion of each of the various subdivisions or units of work required under the Contract. Items on the schedule shall be arranged in the order and sequence in which they will be per formed. The schedule shall conform to the working time and time of completion established und er the terms of the Contract and shall be subject to modifications by and review of the City's representative. When necessary, in the opinion of the City's representative, the Contractor, when so ordered, shall modify the schedule to conform to such requirements.

6-7 TIME OF COMPLETION

6-7.1 GENERAL
[Add the following]:

The time for completion shall be as set forth in the Contract

6-7.2 WORKING DAY
[Replace with the following]:

Contractor's activities shall be confined to the hours between 7:00 a.m. and 4:30 p.m., Monday through Friday. Deviation from these hours will not be perm itted without the prior consent of the Project Manager, except for emergencies involving immediate hazard to persons or property.

In the event of either a requested or emergency deviation from the established schedule, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor.

6-9 LIQUIDATED DAMAGES
[Replace the last sentence of the first paragraph with the following]:

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Liquidated damages shall be as set forth in the Contract.

[Delete the second paragraph in its entirety.]

SECTION 7—RESPONSIBILITIES OF CONTRACTOR

7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES
[Add the following]:

A noise level limit of 86-dba at a distance of fifty (50) feet shall apply to all construction equipment on or related to the job, whether owned by Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel.

7-2 LABOR

7-2.2 LAWS
[Add the following]:

Contractor, and all subcontractors, suppliers, and vendors shall comply with applicable City, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments.

Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.

7-5 PERMITS
[Add the following]:

Prior to the start of any work, Contractor shall ta ke out the applicable City permits and make arrangements for City inspections. Contractor and all subcontractors shall each obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or public utility.

The Contractor shall be responsible for obtaining a no-fee encroachment permit with the City of Murrieta.

7-8.6 WATER POLLUTION CONTROL
[Add the following]:

This project is subject to the requirements of the National Pollutant Discharge Elimination System (NPDES) and the associated Construction General Per mit (CGP) No. 2009-0009-DWQ and subsequent amendment No. 2010-0014-DWQ issued by th e California State Water Resources Control Board (SWRCB). This permit regulates storm water discharges associated with construction activities. Copies of the permit can be obtained from the SWRCB website at www.waterboards.ca.gov . The Contractor shall fully inform itself of the conditions of the CGP which govern its operations and shall conduct its c onstruction operations accordingly.

Specifically, the Contractor shall comply with the CGP’s discharge prohibitions and receiving water limitations.
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The Contractor shall allow authorized agents of the City, SWRCB, Regional Water Quality Control Board (RWQCB), United States Environmental Protection Agency (EPA), local storm water management agency, and other applicable state or federal agencies upon the presentation of credentials and other documents as may be required by law, to:

1. Enter, at reasonable times, upon the construction s ite and the Contractor’s facilities pertinent to the work.

2. Have access to and copy, at reasonable times, any records that must be kept as specified in the CGP, SWPPP, and these Special Provisions.

3. Inspect, at reasonable times, the construction site and related erosion and sediment control measures.

4. Sample or monitor, at reasonable times, for the pur pose of ensuring compliance with the CGP, SWPPP, and these Special Provisions.

Conformance with the requirements of this section shall in no way relieve the Contractor from its responsibilities, as provided in Section 7-1.11, “P reservation of Property,” and Section 7-1.12, “Responsibility for Damage,” of the State Standard Specifications.

The Contractor shall be liable for any violations of the CGP issued to the City as a direct result of the Contractor’s failure to comply with the CGP, SWPPP, and these Special Provisions.

7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS [Add the following after the second paragraph]:

Protect existing building, paving, and other servic es or facilities on-site and adjacent to the site from damage caused by site work operations. Cost o f repair and restoration of damaged items shall be at Contractor's expense.

The quality of construction is the responsibility o f the Contractor and is subject to sign off by Public Works Inspector or City Engineer. Any work p erformed without public works inspection is subject to rejection.

7-10.4.1 SAFETY ORDERS
[Add the following paragraph]:

Contractor shall comply with the provisions of any City ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection.

7-10.4.5 PUBLIC SAFETY DURING NON-WORKING HOURS

Notwithstanding Contractor's primary responsibility for safety on the job site, when Contractor is not present, Engineer may, at his option after attempting to contact Contractor, direct City forces to perform any functions he may deem necessary to ensure public safety at or in the vicinity of the job site. If such procedure is implemented, Contractor will bear all expenses incurred by City.

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7-15 PAYROLL RECORDS

Payroll records, if required, shall be submitted to City by the tenth (10th) day of each month.

Progress payments will be withheld pending receipt of any outstanding reports.

SECTION 8— FACILITIES FOR AGENCY PERSONNEL

8-1 GENERAL

8-1.1 FACILITIES FOR AGENCY PERSONNEL

Facilities for Agency personnel will not be required on this project.

SECTION 9 – MOBILIZATION

9-3.4 MOBILIZATION
[Replace with the following]:

Mobilization shall be paid on the basis of a lump sum price bid for “Mobilization” and shall include full compensation for furnishing all labor, materia ls, tools, equipment, and incidentals for doing all the work involved in performing Mobilization, a s shown on the exhibits, as specified in these Special Provisions and as directed by the Engineer.

Payments for mobilization will be made as follows:

(a) When 5 percent of the original contract amount is earned, 50 percent of the amount bid for mobilization, or 5 percent of the original contract amount, whichever is lesser, may be paid.

(b) When 10 percent of the original contract amount is earned, 75 percent of the amount bid for mobilization or 7.5 percent of the original contract amount, whichever is lesser, may be paid.

(c) When 20 percent of the original contract amount is earned, 95 percent of the amount bid for mobilization, or 9.5 percent of the original contract amount, whichever is lesser, may be paid.

(d) When 50 percent of the original contract amount is earned, 100 percent of the amount bid for mobilization, or 10 percent of the original contract amount, whichever is lesser, may be paid.

(e) Upon completion of all work on the project, payment of any amount bid for mobilization in excess of 10 percent of the original contract amount will be paid.

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TECHNICAL SPECIFICATIONS

AUTO MALL, DATE, AND HOBIE RESURFACING AND STRIPING PROJECT MSD PROJECT NO. 26-010

THE FOLLOWING TECHNICAL SPECIFICATIONS ARE TO BE US ED IN CONJUNCTION WITH THE “STANDARD SPECIFICATIONS FOR P UBLIC WORKS CONSTRUCTION (GREEN BOOK)” UNLESS OTHERWISE NOTED.

PART 2 – CONSTRUCTION MATERIALS

SECTION 203 – BITUMINOUS MATERIALS

203-3.4.4 RUBBERIZED POLYMER MODIFIED EMULSION (RPME).
[DELETE in its entirety and SUBSTITUTE with the following]:

203-3.4.4 RUBBER POLYMER MODIFIED SLURRY (RPMS).

203-3.4.4.1 General.

Rubber polymer modified slurry (RPMS) is a crumb rubber asphalt slurry seal surface treatment.

RPMS shall be a stable mixture of asphaltic emulsion, mineral aggregate, set control additives, specially produced and graded crumb rubber, polymer, mineral fillers, carbon black, and water.

The materials for RPMS shall conform to 203-5.4, “Emulsion-Aggregate Slurry (EAS)” and these specifications. Mixing and spreading of RPMS shall be as described in 302-4.12, “Rubber Polymer Modified Slurry (RPMS)”.

203-3.4.4.2 Materials.

A. The ingredients of RPMS immediately prior to the mixing shall conform to the following:

1. Asphaltic emulsion shall be a quick-set type and shall conform to the requirements of CQS-1h and to the following requirements in accordance with the specified test methods:

Quality Tests
For Emulsion Test Requirements
AASHTO T59 Residue after
Distillation 60% min. AASHTO D244
Quality Tests
For Emulsion Test Requirements
AASHTO T49 Penetration at
77° F (25° C) 40% - 90% AASHTO D2397

B. Quick setting Type CQS-1h Asphaltic Emulsion shall test positive for Particle Charge when tested in accordance with the applicable ASTM test designation. If the Particle Charge Test result is inconclusive, the asphaltic emulsion shall meet a pH requirement of

6.7 maximum.
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C. Water shall be potable and of such quality that the asphalt will not separate from the emulsion before the application of slurry seal.

D. If necessary for workability, a set-control agent that will not adversely affect the RPMS material may be added.

E. Polymer additive shall be SBR Latex or approved equal, which is added at a minimum of 2% by weight of the asphaltic emulsion.

F. Crumb Rubber.

1. Crumb rubber shall be ambient granulated or ground from whole passenger tires, truck tires, or a combination only in conformance with the requirements indicated in Tables 203-3.4.4.2 (A), 203-3.4.4.2 (B), and 203-3.4.4.2 (C).

2. Un-curing or de-vulcanized rubber shall not be acceptable. Rubber tire buffing from either recapping or manufacturing processes may not be used as a supplement to the crumb rubber mixture.

3. In order to remove steel and fabric, an initial separation stage which subjects the rubber to freezing temperatures may be used.

4. The crumb rubber shall not be elongated or hair-like in shape and individual particles shall not be greater than 1/20 of an inch in length.

5. The crumb rubber shall be free of contaminants including fiber, metal, and mineral matter within the following tolerances: the fiber content shall be less than 0.30% by weight and the crumb rubber shall be free of metal particles. Metal imbedded in rubber particles shall not be allowed. The amount of mineral contaminants allowed shall not exceed 0.10% by weight.

6. The crumb rubber shall be dry with a moisture content of less than 0.75%.

TABLE 203-3.4.4.2 (A)

CRUMB RUBBER CHEMICAL PROPERTIES SPECIFICATION

Property Specification Limits
Specific Gravity 1.15 ± .05
Percent of Carbon Black 35.0 Maximum
Percent of Rubber Hydrocarbon 55.0 Maximum
Percent Ash 6.0 Maximum
Percent of Acetone Extract 10.0 Maximum
Percent of Chloroform Extract 3.0 Maximum
Percent Natural Rubber 40 Minimum

367

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-3 6/15/2026
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TABLE 203-3.4.4.2 (B)

CRUMB RUBBER GRADATION REQUIREMENTS
Sieve Size Percent Passing
No. 30 100
No. 40 90 -100
No. 50 75 -85
No. 100 25 -35
No. 200 0-10

TABLE 203-3.4.4.2 (C)

TESTING METHODS FOR CRUMB RUBBER ANALYSIS
Property Test Method
Specific Gravity ASTM D1817
Carbon Black ASTM D297
Ash ASTM D297
Chloroform Extract ASTM D297
Natural/Synthetic Rubber ASTM D297
Sieve Analysis ASTM C136

7. Carbon black solution shall be non-ionic in charge and liquid in form. The carbon black shall be compatible with the emulsion system, polymers, and additives being used and shall conform to the requirements indicated in 203- 3.4.4.2 (D) and ASTM D1511.

TABLE 203-3.4.4.2 (D)
Specification Tolerances
Total Solids 40 - 44
% Black by Weight 35 - 37
Type Black Medium Furnace Color
Type Dispersing Non -ionic

8. Additives may be used to accelerate or retard the break-set of the RPMS. The use of additives shall be in quantities specified in the mix design.

9. Mineral filler such as Portland cement, hydrated lime, limestone dust, fly ash, or other approved filler meeting the requirements of ASTM D242 shall be used if required by the mix design and may be used to facilitate set times as needed. Any cement used shall be considered as part of the dry aggregate weight for mix design purposes.

10. The mineral aggregate used shall be the type and grade specified for the particular Type of RPMS. The aggregate shall be manufactured crushed stone such as granite, slang, limestone, chat, other high quality aggregate, or a combination thereof.

Aggregate shall consist of rock dust except that 100% of any aggregate of combination of aggregates larger than the No. 50 sieve size used in the mix shall be obtained by crushing rock. The material shall be free from vegetable matter and other deleterious substances. The aggregate shall be free of caked lumps and oversized 368

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-4 6/15/2026
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particles. The aggregate shall also conform to the following requirements in Table 203-3.4.4.2 (E).

TABLE 203-3.4.4.2 (E)
Test California Test Requirements
Sand Equivalent 217 45 min.

Durability Index 229 55 min.

203-3.4.4.3 Composition and Grading.

A. The percentage composition by weight of the aggregate shall conform to the requirements indicated in the tables below when determined by California Test 202 and modified by California Test 105 when there is a difference in specific gravity of 0.20 or more between blends of different aggregates.

TABLE 203-3.4.4.3 (A)

TYPE I SLURRY SEAL GRADATION
Sieve Size Percentage Passing Stockpile Tolerance
No. 4 100 ± 5%
No. 8 90 -100 ± 5%
No. 16 65 -90 ± 5%
No. 30 40 -60 ± 5%
No. 50 25 -42 ± 4%
No. 200 10 -20 ± 2%

TABLE 203-3.4.4.3 (B)

TYPE II SLURRY SEAL GRADATION
Sieve Size Percentage Passing Stockpile Tolerance
No. 3/8 100 ± 5%
No. 4 90 -100 ± 5%
No. 8 65 -90 ± 5%
No. 16 45 -70 ± 5%
No. 30 30 -50 ± 5%
No. 50 18 -36 ± 4%
No. 100 10 -24 ± 3 %
No. 200 5-15 ± 2 %

369

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-5 6/15/2026
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TABLE 203-3.4.4.3 (C)

TYPE III SLURRY SEAL GRADATION
Sieve Size Percentage Passing Stockpile Tolerance
No. 3/8 100 ± 5%
No. 4 70 -90 ± 5%
No. 8 45 -70 ± 5%
No. 16 28 -50 ± 5%
No. 30 19 -34 ± 5%
No. 50 12 -25 ± 4%
No. 100 7-18 ± 3 %
No. 200 5-15 ± 2 %

B. The job mix (target) gradation shall be within the gradation band for the desired type.

After the target gradation has been submitted, the percent passing each sieve shall not be more than the stockpile tolerance.

C. The aggregate shall be accepted at the Site or stockpile. The stockpile shall be accepted based on 5 gradation tests according to California Test 202, modified by California Test 105 when there is a difference in specific gravity of 0.2 or more between blends of different aggregates. If the average of the 5 tests is within the gradation tolerances, then the material will be accepted. If the test shows the material to be out, you may choose to remove the material or blend other aggregates with the stockpile material to bring it into compliance with these specifications. Materials used in blending shall meet the quality test before blending and shall be blended in a manner to produce a consistent gradation.

D. When the results of either the Aggregate Grading or the Sand Equivalent test do not conform to the requirements specified, the aggregate shall be removed. However, if requested in writing and approved by the Engineer, the aggregate may be used and you shall pay to the agency $1.75 per ton for such aggregate left in place. No single aggregate grading or sand equivalent tests shall represent more than 300 tons or one day’s production, whichever is smaller.

203-3.4.4.4 Mix Design.

A. Before Work begins, Contractor shall submit laboratory reports of mix designs performed in accordance with the tests identified in Table 203-3.4.4.4 at Contractor’s expense and shall utilize the specific materials to be used on the project. The design shall be prepared by a laboratory experienced in designing rubber asphalt slurry-seal surface treatments.

After the mix design is approved, no substitution shall be made unless approved by the Engineer. The proposed rubber asphalt slurry-seal surface treatment mix design shall verify compatibility of the aggregate, emulsion, mineral filler, set-control additive, and rubber blend.

370

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-6 6/15/2026
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TABLE 203-3.4.4.4
Test Description Specification
ISSA T -106 Slurry Seal Consistency Pass
ISSA TB -109 Excess Asphalt 50 grams/ft 2 maximum
ISSA TB-100
(Type I)
The Wet Track
Abrasion 50 grams/ ft 2 maximum
ISSA TB-100
(Type II)
The Wet Track
Abrasion 60 grams/ ft 2 maximum
ISSA TB-100
(Type III)
The Wet Track
Abrasion 60 grams/ ft 2 maximum
ISSA TB-113 Mixing Time Controllable to
150 seconds minimum
ISSA TB -114 The Wet Stripping Pass

B. The Mixing Time test shall be done at the highest temperatures expected during construction. The original lab report shall be signed by the laboratory that performed the mix design and shall show the results of the tests on individual materials. The report shall clearly show the proportions of aggregate, mineral filler (minimum and maximum), water (minimum and maximum), additive (s) (usage), asphalt emulsion, and asphalt rubber blend based on the dry weight of the aggregate.

C. Component materials used in the mix design shall be representative of your proposed materials. The percentage of each individual material required shall be shown in the laboratory report. Adjustments may be required during the construction based on field conditions.

D. The component materials shall be within the following limits:

1. Residual Asphalt Type I, 10% - 16% based on dry weight of aggregate.

2. Residual Asphalt Type II, 7.5% - 13.5% based on dry weight of aggregate.

3. Residual Asphalt Type III, 6.5% - 12% based on dry weight of aggregate.

4. The crumb rubber will be added to the rubberized slurry mix at a rate of 5% by volume to the asphalt cement.

5. Polymer additive shall be added at 2% of finished emulsion.

6. Carbon Black shall be added at 1.3% to 2% of the finished emulsion.

7. Mineral filler shall be 0.5% - 2.0% (if required by mix design) based on dry weight of aggregate.

8. Additives, as needed.

9. Water, as needed to achieve proper mix consistency (total mix liquids shall not exceed the loose aggregate voids).
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CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-7 6/15/2026
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203-3.5 Certificate of Compliance.
[ADD the following]:

Test reports and certifications shall be made in accordance with 4-1.4, “Test of Materials”; 203-

1.3, “Test Reports and Certification”; and 302- 4.2.1, “General”.

203-5 SLURRY SEAL

203-5.4.1 GENERAL
[add the following]:

The slurry seal shall be RPMS per 203-3.4.4 and shall be Type II. RPMS shall use an emulsified asphalt that is a cationic quick set polymer modified CQS-1h with 2% SBR Latex.

203-5.4.2.2 EMULSIFIED ASPHALT
[add the following]:

Emulsified asphalt shall conform to the requirements in Table 203-3.4.3.

The Contractor shall provide a 16-fluid-ounce sample of the emulsified asphalt used in the emulsion aggregate slurry each day emulsion aggregate slurry is constructed on the project.

Additional samples shall be provided when emulsified asphalt batch lots are changed or upon the request of the Engineer. Contractor shall provide a clear plastic container with a secure screw top with each sample. The Contractor shall label each sample with the date the sample was taken, batch number and the name of the street(s) where the material was used.

Each load of emulsified asphalt shall be accompanied with a Certificate of Compliance to assure it is the same as used in the mix design.

PART 3 – CONSTRUCTION METHODS

302-3 PREPARATORY REPAIR WORK.

A. Prior to the placement of asphalt concrete or the application of slurry, the Contractor shall complete all necessary preparation and repair Work to the road segment as specified in the Special Provisions .

B. Unless otherwise specified, preparatory Work shall include weed spray, weed abatement, crack sealing, asphalt patching, removal of raised pavement striping, painted striping, and thermoplastic pavement markings.

302-3.1 Asphalt Patching.

A. Asphalt patching shall consist of patching potholes, gutter-line erosions, and other low spots in the pavement that are deeper than ½ inch (12.7 mm) in accordance with 302-

5.6.2, “Density and Smoothness”.

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TECHNICAL SPECIFICATIONS TS-8 6/15/2026
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B. The areas requiring patching have been identified in the Contract Documents, marked on the streets, or as directed by the Engineer. Contractor shall identify any new areas that may require patching prior to slurry Work to ensure the smoothness and quality of the finished product.

C. Contractor shall identify and repair any areas that may require patching prior to the placement of slurry seal for a smooth and finished product.

D. Asphalt overlay shall not be applied over deteriorating pavement. Contractor shall notify the Engineer of deteriorating pavement prior to proceeding with asphalt patching.

E. Prior to asphalt patching, the area shall be cleaned and tack coated in accordance with 302-5.4, “Tack Coat”.

F. Asphalt patching shall be completed with D2-PG 64-10.

G. Following the asphalt placement, you shall roll the entire patch in both directions and shall cover the patch at least twice.

H. After placement and compaction of the asphalt patch, you shall seal all finished edges with a 4 inch (101.6 mm) wide continuous band of SS-1H.

SECTION 302-4 – SLURRY SEAL SURFACING

302-4.1 GENERAL
[add the following]:

The Contractor shall protect the wet slurry from traffic at all times and if damaged or defaced, the Contractor shall repair said damage at no additional cost to the City.

At the discretion of the Engineer, the placement of slurry seal may be suspended due to unsuitable temperature conditions, or other conditions that are considered unfavorable for the prosecution of work. The Contractor shall immediately comply with the order of suspension by the Engineer, and work shall not be resumed until authorized by the Engineer.

If work cannot resume on the same day to completion as scheduled, then this work shall be rescheduled in one to two weeks and the residents n otified that the work will not be done as scheduled and re-notified of the new work date prom ptly. All “NO PARKING” signs must be promptly removed. No more than two rescheduled streets shall be scheduled for the same day and they shall be the first order of work for that day.

The days during which the suspension of work is in effect, due to unsuitable weather, shall not be considered working days and the date of completion shall be extended to allow for work and notification.

In the event of a suspension of work, the Contracto r shall remove all barricades, equipment, and “No Parking” signs (if appropriate) upon the curing of the completed portion of slurry.

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CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-9 6/15/2026
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No adjustment of unit prices, of any items, shall be allowed due to suspension of work as described above.

302-4.2 AGGREGATE STOCKPILE
[add the following]:

Aggregate may be stockpiled on public property sites if approved by the Engineer. Prior to storing slurry seal materials on private property, the Cont ractor shall submit to the Engineer written permission from the property owner for such stockpiling.

Precautions shall be taken to ensure that the stockpiles do not become contaminated with oversized rock, clay, silt, or excessive amounts of moisture. The stockpiles shall be kept in areas that drain readily. Segregation of the aggregate will not be permitted.

The stockpile areas shall be thoroughly cleaned of all excess materials and left in a neat, orderly appearance upon completion of the slurry operations in any area.

Suitable storage facilities shall be provided for t he asphalt emulsion. Suitable heat shall be provided as necessary.

302-4.3 CONTINUOUS FLOW MIXERS

302-4.3 GENERAL
[add the following]:

The slurry machine shall be equipped with digital materials control system which shall be capable controlling the exact quantities of aggregate, emul sion, and set control agents. The control panel shall give real time readouts and be able to control the following:

A. Engine diagnostics.

B. Aggregate and fines feeder delivery rates in RPM an d in percentage. Percentage control for material delivery shall be +/- 1%.

C. Water and additive rates in RPM and in percentage. Percentage control for material delivery shall be +/- 1%.

D. Out of material alarms.

E. Auto calibration feature

F. Real time mix percentages for maximum operator cont rol. The control panel should be able to print out the use of material at the end of each work day. This printout shall be delivered to the project inspector.

The Contractor shall not proceed with the placement of slurry without demonstrating the capabilities of the digital controls.

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CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-10 6/15/2026
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302-4.5 SCHEDULING, PUBLIC CONVENIENCE AND TRAFFIC CONTROL [add the following]:

NOTIFICATION OF RESIDENTS AND POSTING NO PARKING SIGNS

At least five (5) working days prior to commencing work, the Contractor must submit their spreading schedule to the City for approval. The C ontractor shall give verbal and printed notification, along with copies of the weekly sched ule to all firms, institutions, agencies, and utilities which will be affected by the sealing app lications at least fourteen (14) calendar days in advance of and on each occasion of said sealing application. Said firms, institutions, agencies and utilities include, but are not limited to the follo wing; Postal Service, hospitals, governmental services, Police Department, Fire Department, ambul ance services, Riverside Transit Authority (RTA), Trash collection firms, Murrieta Valley Unif ied School District, and Public Works Maintenance Division.

Furthermore, cooperation with the trash collection firm shall be done such that no street shall be slurried within two (2) days prior to trash collect ion. Damage occurring to slurry seal from trash trucks shall be repaired at the expense of the Cont ractor and per the direction of the Engineer, or his appointed representative.

In addition, the contractor shall not slurry any st reets or neighborhoods connecting to a school during a scheduled school day. Given the longevity of project activities, the contractor shall schedule these segments to be treated during school breaks. Reference “Appendix G” for the Murrieta Valley Unified School District Calander.

The Contractor shall contact and notify all residents within the limits of work, in person and with printed notices at least fourteen (14) days in adva nce of any activity which will impact said residents. Activities impacting said residents and , therefore requiring the above said notices include the following: The sealing application itse lf, closure or partial closure of the street, disallowance of street parking, disallowance of ing ress to or egress from their residence and reference to placement of barricades along the stre et two (2) days in advance of the work.

Barricades shall have printed notices, in large print, indicating when the street will be slurried.

The printed handout notices shall contain a general description of the work to be done, the name of the street to be sealed with limits, the day and date of the sealing application, a statement that no on-street parking will be allowed between the ho urs of 7:00 a.m. and 5:00 p.m. on the day of work, a statement that it will be necessary to tow away parked vehicles parked within the designated working limits at the owner’s expense pe r California Vehicle Code CVC 226511 and 22654D, a statement that in the event that the stre et is missed it will be rescheduled in Approximately 1-2 weeks and they will be re-notified, the statements that THERE WILL BE NO DISRUPTION OF TRASH SCHEDULES , and that trash should be set out by 6:00 a.m., and the name and telephone number of the Contractor.

In addition to the foregoing, the notices to the re sidents shall contain the statement that the street to be sealed will be closed to vehicular traffic, a nd the suggestion that if they require the use of their vehicles on the day of the sealing work, they should consider parking their vehicle on a nearby street which is not scheduled for sealing operation.

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CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-11 6/15/2026
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IN THE EVENT A STREET SCHEDULED FOR SEALING WAS MIS SED, the Contractor shall immediately remove all “NO PARKING” signs and notify residents and others previously notified, in person and with printed notices, that due to unforeseen circumstances, the Contractor was not able to seal the street as previously notif ied, that the street will be rescheduled in approximately 1-2 weeks, and they will be re-notifi ed. The Contractor shall have on the jobsite, prior to the start of each day’s work, an adequate supply of approved letters of notification to residents of missed streets. The Contractor shall also post pre-approved printed “NO PARKING- TOW AWAY” signs on 1”x 2” wooden stakes and barricades at 100 foot maximum spacing along both sides of the street to be sealed 48 hours prio r to the start of the sealing work, shall maintain said signs through the day of work or as otherwise directed by the Engineer or called for in the preceding paragraph.

The Contractor shall document the day, date and tim e that the signs are installed, because the no parking restriction cannot be enforced until the signs have been in place for 24 hours.

Posting of trees, utility poles, lighting standards and other existing parkway improvements is strictly forbidden.

The “NO PARKING” signs shall contain the day, date and hours that the parking will be prohibited on the particular street and a statement that the parked vehicles will be towed away at the owner’s expense per California Vehicle Code CVC 226511 and 2654D.

All printed notices and no parking signs shall be submitted to the Engineer at least ten (10) calendar days prior to the first day of work.

Full compensation for conforming to this section sh all be considered as included in the various contract items of work involved, and no additional compensation will be allowed therefore.

302-4.7.5 Application Temperature.
[Add the following]:

Slurry seal shall not be applied when the atmospheric temperature at 7:00 a.m. is 75 degrees Fahrenheit or above and rising to a forecast high of 100 degrees Fahrenheit

302-4.8 SPREADING AND APPLICATION
[add the following]:

Prior to applying slurry seal, the Contractor shall clean, to the satisfaction of the Engineer, the street surface with a power sweeper.

The application of slurry shall not commence until after 7 a.m. and shall conclude at 1:30 p.m. unless otherwise authorized by the Engineer. The s lurry shall be sufficiently cured to open to traffic by 4:00 p.m. The portions of streets to be slurried shall be closed from the time the application begins until the mixture has achieved sufficient set to be opened to traffic.

The slurry shall be applied in such a manner that n o ripples or waves exist. If ripples or waves occur in the slurry during the application, the work shall cease and the Contractor shall correct the 376

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situation. The Contractor may use a drag to knock down ridges. If ripples or waves are not corrected to the Engineer’s satisfaction, the street shall be reslurried at the contractor’s expense.

The Contractor shall, at the direction of the Engin eer, repair and reseal the entire street or complete section thereof, as determined by the Engineer, which have not been sealed properly (includes areas that have failed to meet yield and mix design specification) and completely. No compensation will be provided for slurry seal used in repair and reseal work.

Each slurry crew shall be composed, at a minimum, of a coordinator at the project site at all times, a competent quick-set mixing man, a competent driver, two squeegee men, and sufficient laborers for any handwork and cleanup.

Surface oil and grease shall be removed or sealed with shellac or an equivalent material approved by the Engineer prior to the application of the slu rry seal. Full compensation for surface oil and grease removal shall be considered as included in the unit cost for slurry seal.

During the slurry seal operations, it shall be the Contractor’s responsibility to place protective coverings over, or to otherwise avoid slurry seal c oating of manholes, utility covers, well monuments, concrete gutters, concrete cross gutters , and drainage facilities, and remove said coverings and/or slurry seal coating after slurry seal has been completed.

The start and finish of slurry application shall be a straight line which, unless otherwise approved by the Engineer, shall be obtained by laying a stri p of building paper or other material approved by the Engineer on the pavement surface. After app lication of slurry, the paper shall be removed leaving a straight edge.

The Contractor shall sweep any raveled material fro m the street once (1) a week for a period of three (3) after the initial placement. If raveling continues within four (4) weeks of initial placement, the street shall be swept and reslurried with a type I mixture at no cost to the City.

Raveling can be identified by the presence of “black pebbles” in the gutter.

Full compensation for developing a water supply and for furnishing all water required for work done in the contract, including extra work, shall be included in the prices paid for the various items of work requiring water, and no separate payment will be made therefore.

302-4.11 PAYMENT
[Add the Following]:

Payment for all work shall be per the agreed upon proposal and price included as an attachment to the Contract.

302-4.12 RUBBER POLYMER MODIFIED SLURRY (RPMS).
[Add the following]:

302-4.12.1 Mixing.
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CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-13 6/15/2026
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302-4.12.1.1 General.

A. Proportioning equipment of equal capacity to that described herein will be considered by the City prior to time of Award.

B. The slurry surfacing shall be mixed in a continuous, twin shaft, multipaddle pugmill mixer. The pugmill shall be equipped with a hydraulically controlled steel pugmill gate for positive discharge operations. No dripping of slurry shall be allowed.

C. Each slurry surfacing unit shall be equipped with independent storage capabilities for the aggregate, emulsion, crumb rubber, polymer, set control additives, and the carbon black.

D. Each slurry surfacing unit shall be equipped with a unit designed to store and deliver the various required materials to a twin-shafted, multi-paddle pugmill with a computer- controlled automatic sequencing system that initiates each material delivery at the precise moment necessary to ensure proper proportioning.

E. Aggregates, asphaltic emulsion, water, polymers, additives, including set-control agent, if used, and crumb rubber shall be proportioned by volume utilizing the mix design approved by the Engineer. If more than one kind of aggregate is used, the correct amount of each kind of aggregate to produce the required grading shall be proportioned separately, prior to the other materials of the mixture, in a manner that will result in a uniform and homogenous blend.

F. Asphaltic emulsion shall be added at a rate within the ranges identified in Table 302-

4.12.1.1 of percent by weight of the dry aggregate. The exact weight shall be determined by the mix design and the asphalt solids content of the asphaltic emulsion furnished.

TABLE 302-4.12.1.1
Type of Aggregate Range
Type I 17% - 20%
Type II 14% - 17%
Type III 11% - 14%

G. The aggregate shall be proportioned by a belt feeder operated with an adjustable cutoff gate. The height of the gate opening shall be readily determinable. The emulsion shall be introduced into the mixer by a positive displacement pump. Water shall be introduced into the mixer through an adjustable multi-spray pugmill bar. Water volume shall be displayed by an electric digital meter registering in gallons delivered.

H. The aggregate belt feeder shall deliver aggregate to the pugmill mixed with such volumetric consistency that the deviation for any individual aggregate delivery rate check-run shall be within 2% of the mathematical average of 3 runs of at least 300 gallons (1135.6 L) each in duration.

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CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-14 6/15/2026
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I. The bitumen ratio (pounds of asphalt per 100 pounds (45.4 kg) of dry aggregates) shall not vary more than 1.5 pound (0.7 kg) of asphalt above or 0.6 pound (0.3 kg) asphalt below the amount designated by the mix design and approved by the Engineer.

J. The polymer additive and the carbon black shall be delivered to the mixer in the relative proportions required by means of a common shaft dual pump system. The polymer additive and the carbon black flow rates shall be independently adjustable by means of diaphragm valves and shall be sequenced through the computer controlled auto- sequencing system. The polymer additive and the carbon black shall be blended and mixed prior to their introduction into the pugmill. Introduction into the twinshafted pugmill shall be done through an injection system which delivers the blended material to the apex of each mixing shaft immediately prior to the introduction of the asphalt emulsion. The polymer additive and the carbon black delivery system shall each be equipped with digital electronic flow metering devices that can read in gallons per minute.

K. The crumb rubber delivery system shall be equipped with an air suspension unit designed to prevent clumping or bridging of the rubber material. The air discharges shall be sequenced to avoid over-suspension of the rubber. The rubber shall be delivered to the pugmill by a hydraulically driven auger and shall be initiated through the computer controlled auto-sequencing system.

L. The emulsion shall be introduced into the mixer by a positive displacement pump. The emulsion storage shall be equipped with a device which will automatically shut down the power to the emulsion pump and aggregate belt feeder when the level of stored emulsion is lowered to within 2 inches (50.8 mm) of the suction line.

M. A temperature-indicating device shall be installed in the emulsion storage tank at the pump suction level.

N. The aggregate shall be proportioned using a belt feeder operated with an adjustable cutoff gate. The height of the gate opening shall be readily determinable.

O. The aggregate feeder shall be directly connected to the drive on the emulsion pump. The drive shaft of the aggregate feeder shall be equipped with an electronic digital belt. The belt delivering the aggregate to the pugmill shall be equipped with a device to monitor the depth of the aggregate being delivered to the pugmill. The device for monitoring the depth of aggregate shall automatically shut down the power to the aggregate belt feeder whenever the depth of aggregate is less than 70% of the target depth of flow. An additional device shall monitor movement of the aggregate belt by detecting revolutions of the belt feeder. The devices for monitoring no flow or belt movement shall automatically shut down the power to the aggregate belt when the aggregate belt movement is interrupted. To avoid shutdown caused by normal fluctuations in delivery rates, a delay of 3 seconds between sensing less than desirable storage levels of aggregate or emulsion shall be permitted.

P. Water delivery shall be adjusted through a diaphragm valve. Water flow rate shall be electronically displayed through a digital meter.
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Q. Set control additive flow rate shall be electronically displayed through a digital meter.

R. The mixer unit shall not be operated unless all electronic display and revolution counters are in good working condition and functioning and all metal guards are in place. All indicators required by these specifications shall be operational at all times.

S. You shall have 2 fully operational mixers and 1 standby mixer for use at the Project Site at all times for each working crew.

302-4.12.2 Application.

302-4.12.2.1 General.

A. The Work shall consist of mixing asphaltic emulsions, aggregates, set control additives, specially produced and graded crumb rubbers, and watering and spreading the mixture on the pavement where shown marked out in the field, as specified in these special provisions, and as directed by the Engineer. Slurry seal shall not be applied when the atmospheric temperature at 7:00 a.m. is 75 degree Fahrenheit or above and rising to a forecast high of 100 degrees Fahrenheit.

B. RPMS application rates shall AVERAGE as follows:

Type Application Rate
1 (lb/yd 2)
Type I 9
Type II 13.33
Type III 15 - 22

1. Based on dry aggregate weight.

302-4.12.2.2 Spreading.

A. Pre-wetting of streets shall not be required unless streets are subject to high temperatures and/or dust.

B. The complete mixture, after the addition of water and any set-control agent used, shall be such that the mixture:

A. Has proper workability.

B. Shall permit a traffic flow without the occurrence of bleeding separation or other distress at 78° F (25.6° C) and without pilot car assisted traffic on the slurry seal within one hour after placement.

C. Shall prevent the development of bleeding, excessive raveling, separation, and/or other distress within 7 Days after placing the rubberized asphalt surfacing.

C. The slurry mixture shall be spread by means of a controlled spreader box. The spreader box shall be capable of spreading the slurry to the width of the traffic lane and shall have 380

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strips of flexible rubber belting or similar material on each side of the spreader that shall be in contact with the pavement to positively prevent loss of slurry from the ends of the box. Spreader boxes shall be equipped with reversible motor-driven augers when placing slurry. Rear flexible strike-off blades (rubbers) shall make close contact with the pavement and shall be adjustable to the various crown shapes so as to apply a uniform surfacing coat. Flexible drags to be attached to the rear of the spreader box shall be provided as directed by the Engineer. Drags and rubbers shall be cleaned daily if problems with cleanliness and longitudinal scouring occur. The spreader box shall be clean and shall be free of all slurry and emulsion at the start of each Work shift.

302-4.12.3 Rolling.

Pneumatic rolling shall be required on all streets. Rolling shall commence as soon as the RPMS has set sufficiently to prevent any material from adhering to the tires. The RPMS surface shall be rolled 2 to 5 times or as directed by the Engineer. Pneumatic rollers shall be operated at a minimum tire pressure of 60 psi (413.7 kPa).

302-4.12.4 Measurement and Payment.

Payment for all work shall be per the agreed upon proposal and price included as an attachment to the Contract.

302-14 CRACK SEAL WORK.
[Add the following]:

302-14.1 General.

All cracks in asphalt 1/8 inch (3.2 mm) or wider shall be sealed prior to the application of slurry.

You shall seal only transverse, longitudinal, block, or reflective cracks. Contractor shall not seal alligator (fatigue) cracked areas or cracks in PCC.

302-14.2 Materials.

Crack sealant material used shall be Road Works 306, CRAFCO Polyflex Type 3, or an approved equal. Sealant shall be prepared and applied to the pavement cracks in conformance with all manufacturers’ instructions except where noted otherwise in these specifications.

302-14.3 Equipment.

A. Cracks shall be cleaned using a hot compressed air lance (HCL) apparatus. Air exiting the HCL shall be heated to a temperature sufficient to remove the oxidized surface from the crack walls.

B. The HCL shall meet the following specifications:

Compressed Air
Capacity
75 psi to 150 psi (40 cfm to 100 cfm)
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Heated Air
Temperatures
600° F to 2,200° F (315.6° C to
1204.4 ° C)
Exit Heated Air 1,000 ft/second
Propane 5 psi to 20 psi

C. Prior to beginning Work, submit documentation to the Engineer certifying that each HCL apparatus to be used on the project meets the above specifications. If a delay in the start of Work exceeds 7 Working Days, re-certification is required and documentation shall be resubmitted.

302-14.4 Application.

A. Cracks to be sealed shall be completely clean, dry, and free of all loose material, weeds, vegetation, and any other foreign substances which may cause the sealant to not adhere to the crack wall. You shall clean and dry all cracks with the HCL immediately before sealing.

B. Sealant shall be applied from the bottom of the crack up to the surface in a manner which does not result in sealant bridging or pockets of entrapped air forming. The sealant shall be applied utilizing a sealing tip “ Crafco Applicator Disk ” (PN# 27162 – 3” Disk Assembly PN# 27163 – 4” Disk Assembly PN# 27164 – 6” Disk Assembly). Disk Size shall be dependent on the size of the crack. Crafco Applicator Disk shall be used and applied per the manufacturer recommended use. If an alternative method of application is desired by the Contractor, it will be subject to approval by the Public Works Inspector.

The width of sealant remaining on the surface shall not exceed 1.5 inches (38.1 mm) on either side of the crack. Any debris blown onto adjacent gutters, sidewalks, parkways, medians, intersections, or other areas shall be removed prior to the end of the Working Day.

302-14.5 Payment.

Payment for all work shall be per the agreed upon proposal and price included as an attachment to the Contract.

SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND

PAVEMENT MARKERS

The Contractor will be responsible for placement of temporary striping and tabs after placement of new slurry seal

314-2 REMOVAL OF TRAFFIC STRIPING, MARKERS AND PAVEMENT MARKINGS [Add the following]:

Traffic stripes and pavement markings to be removed shall be per the plans or as designated by the Engineer and shall be removed by wet sand-bl ast methods for painted surfaces, and polish/smooth grinder followed by a wet sand-blaste r for thermoplastic coated surfaces.

All pavement markings, painted striping, traffic st ripes, and/or thermoplastics, including all stop bars and “STOP” pavement marking s shall be removed prior to a 382

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street receiving slurry seal treatment at ALL locat ions/street segments. Image shadowing shall be minimized by performing removals in a rectangular block area. When removing pavement markings, the removal process sha ll be applied to a rectangular area around and covering the pavement marking, such that the resulting pavement does not exhibit a “shadowed” pavement marking. If, in the o pinion of the City Inspector or Engineer, the removal process does not completely e rase any sign of the pavement marking, the City Inspector or Engineer may require that the rectangular area be seal coated.

PART 6 – TEMPORARY TRAFFIC CONTROL

SECTION 600 - ACCESS

600-2 VEHICULAR ACCESS
[Add the following paragraphs]:

The Contractor shall provide for the safety of traffic and the public in accordance with the provisions in Section 7-1.09, “Public Safety,” of the State Standard Specifications and these special provisions.

Attention is directed to Section 12, “Construction Area Traffic Control Devices,” of the State Standard Specifications and to these Special Provisions.

The Contractor shall install temporary railing (Type K) where shown on the plans, or between any lane carrying public traffic and any excavation, ob stacle or storage area when the following conditions exist:

(1) Excavation -- Any excavation, the near edge of which is 12 feet or less from the edge of the lane, except:

(a) Excavation covered with sheet steel or concre te covers of adequate thickness to prevent accidental entry by traffic or the public.
(b) Excavations less than one foot deep.
(c) Trenches less than one foot wide for irrigati on pipe or electrical conduit, or excavations less than one foot in diameter.
(d) Excavations parallel to the lane for the purp ose of pavement widening or reconstruction.
(e) Excavations in side slopes, where the slope i s steeper than 4:1 (horizontal:vertical).
(f) Excavations protected by existing barrier or railing.

(2) Temporarily Unprotected Permanent Obstacles -- Whenever the work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or whenever the Contractor, for his convenience and with permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day.

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(3) Storage Areas -- Whenever material or equipment is stored within 12 feet of the lane and such storage is not otherwise prohibited by the specifications.

The approach end of temporary railing (Type K), installed in accordance with the requirements in this section “Public Safety” and in Section 7-1.09, “Public Safety,” of the State Standard Specifications shall be offset a minimum of 15 feet from the edge of the traffic lane open to public traffic. The temporary railing shall be installed on a skew toward the edge of the traffic lane of not more than one foot transversely to 10 feet longitudinally with respect to the edge of the traffic lane.

If the 15-foot minimum offset cannot be achieved, the temporary railing shall be installed on the 10 to 1 skew to obtain the maximum available offset between the approach end of the railing and the edge of the traffic lane, and an array of temporary crash cushion modules shall be installed at the approach end of the temporary railing.

Temporary railing (Type K) shall conform to the provisions in Section 12-3.08, “Temporary Railing (Type K)” of the State Standard Specifications, except temporary railing (Type K) fabricated prior to January 1, 1993, with one longitudinal No. 5 rei nforcing steel bar near the top in lieu of the 2 longitudinal No. 5 reinforcing steel bars near the top, as shown on the plans, may be used.

Temporary crash cushion modules shall conform to th e provisions in “Temporary Crash Cushion Module” elsewhere in these special provisions.

Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas the Contractor shall close the adjacent traffic lane unless otherwise provided in the plans and specifications:

Approach speed of public
traffic (Posted Limit)
(Miles per Hour) Work Areas

Over 45 Within 6 feet of a traffic lane but not
on a traffic lane.

35 to 45 Within 3 feet of a traffic lane but not
on a traffic lane.

The lane closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier.

When traffic cone or delineators are used to delineate a temporary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane, however, the Contractor shall not reduce the width of an existing lane to less th an 11 feet without written approval from the Engineer.

When work is not in progress on a trench or other e xcavation that required closure of an adjacent lane, the traffic cones or portable delineators use d for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure.

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Suspended loads or equipment shall not be moved nor positioned over public traffic or pedestrians.

When entering or leaving roadways carrying public traffic, Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

Maintaining traffic shall conform to the provisions in 7-1.02, "Load Limitations"; 7-1.06, "Safety and Health Provisions"; 7-1.08, "Public Convenience"; 7-1.09, "Public Safety"; and Section 12-3.04, "Portable Delineators," of the State Standard Specifications, and these Special Provisions.

All existing traffic control signs and street name signs shall be maintained in visible locations as directed by City Engineer.

The contractor shall conduct his operation in such a manner that traffic will be able to pass through the work and access existing businesses with as little delay as possible.

All warning lights, signs, flares, barricades, and other facilities for the sole convenience and direction of public traffic shall be furnished and maintained by Contractor.

All signs shall conform to and be placed in accordance with the current Manual on Uniform Traffic Control Devices (MUTCD) and associated California Supplements as issued by Caltrans. Traffic control devices shall be new or like-new condition. Traffic control devices that are bent, faded, illegible or otherwise damaged as determined by the City Engineer shall be promptly replaced.

All construction signs shall be either covered or r emoved when not required by the nature of the work, or if no present hazard to the motorists exists.

No payment for extra work will be allowed for work performed as specified in Section 12-2.02, "Flagging Costs," of the State Standard Specifications.

The Contractor shall provide and maintain a minimum of one 11-foot wide paved traffic lane for use by public traffic in each direction of travel at all times throughout the project. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays, and City designated legal holidays, and Monday through Frida y when construction operations are not in progress.

Personal vehicles of Contractor's employees may not be parked on the shoulders of any section closed to public traffic. Whenever vehicles or equipment are parked on the shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed. Contractor shall cooperate with local authorities relative to handling traffic through th e area and shall make his own arrangements relative to keeping the working area clear of parked vehicles.

The Contractor shall notify local authorities of th e Contractor's intent to begin work or rerouting of traffic at least ten (10) days before work is begun.

The Contractor shall provide a Traffic Control Plan prepared, signed, and stamped by a Civil Engineer to accommodate each phase of traffic control. The Civil Engineer preparing the Traffic Control Plans shall be a Professional Engineer registered with the State of California. The Contractor shall submit Traffic Control Plans for review and approval by City Engineer within 385

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ten (10) working days of the Contract award by City and allow five (5) working days for City review.

Contractor shall adhere to the requirements set forth in the Work Area Traffic Control Handbook (WATCH), latest edition except as otherwise provided for in these specifications.

If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location.

Minor deviations from the requirements of this section which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the Engineer, public traffic will be better served and the work expedited. These deviations shall not be adopted by the Contractor until the Engineer has approved them in writing. All other modifications will be made by contract change order.

PAYMENT :

Payment for all work shall be per the agreed upon proposal and price included as an attachment to the Contract.

600-3 PEDESTRIAN ACCESS
[Add the following]:

Contractor shall maintain safe access at all times through and/or around the work area for all bicyclists and pedestrians, especially school children.

Bicyclist and pedestrian access shall be in accordance with the Manual on Uniform Traffic Control (MUTCD), 2014 edition (latest revision) and Work Ar ea Traffic Control Handbook (WATCH), 2016 edition.

Attention is directed to Section 6G.05, “Work Affecting Pedestrian and Bicycle Facilities,” Section 6D.01, “Pedestrian Considerations,” and Section 6D. 101(CA), “Bicycle Considerations” of the MUTCD.

Access to the work space by workers and equipment a cross pedestrian walkways should be minimized because the access often creates unaccept able changes in grade, and rough or muddy terrain, and pedestrians will tend to avoid these a reas by attempting non-intersection crossing where no curb ramps are available.

A pedestrian route should not be severed and/or mov ed for non-construction activities such as parking for vehicles and equipment.

Bicyclists and pedestrians should not be exposed to unprotected excavations, open utility access, overhanging equipment, or other such conditions.

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Pedestrian detours should be avoided since pedestri ans rarely observe them. Whenever possible, work should be done in a manner that does not creat e a need to detour pedestrians from existing routes and crossings.

When existing pedestrian facilities are disrupted, closed, or relocated in a Temporary Traffic Control Zone (TTC), a section of roadway between the first advance warning sign through the last traffic control device, the temporary facilities sh all be detectable and shall include accessibility features consistent with the features present in the existing pedestrian facility.

The following three items should be considered when planning for pedestrians in TTC zones:

a) Pedestrians should not be led into conflicts with vehicles, equipment, and operations. b) Pedestrians should not be led into conflicts with v ehicles moving through or around the worksite.
c) Pedestrians should be provided with a convenient an d accessible path that replicates as nearly as practical the most desirable characterist ics of the existing sidewalk(s) or footpath(s).

Figures 6H-28 and 6H-29 show typical TTC device usage and techniques for pedestrian movement through work zones.

To accommodate the needs of pedestrians, including those with disabilities, the following considerations should be addressed when temporary p edestrian pathways in TTC zones are designed or modified:

a) Provisions for continuity of accessible paths for p edestrians should be incorporated into the TTC plan.
b) Access to transit stops should be maintained.
c) A smooth, continuous hard surface should be provide d throughout the entire length of the temporary pedestrian facility. There should be no curbs or abrupt changes in grade or terrain that could cause tripping or be a barrier t o wheelchair use. Any vertical displacements greater than ½ inch shall be ramped at a 12:1 slope. d) The width of the existing pedestrian facility shoul d be provided for the temporary facility if practical.
e) When channelization devices are used to delineate a pedestrian pathway, a continuous detectable edging should be provided throughout the length of the facility such that pedestrians with a visual disability using a long cane can follow it. Tape, rope, or plastic chain strung between devices are not detectable and should not be used as a control for pedestrian movements.

For bicyclists in TTC zones on highways and streets:

A. A travel route that replicated the most desirable characteristics of a wide paved shoulder or bikeway through or around the TTC zone is desirable for bicyclists.

B. If the TTC zone interrupts the continuity of an exi sting bikeway system, signs directing bicyclists through or around the zone and back to t he bikeway is desirable. If bicyclists are directed into vehicular traveled way, signs indicating that the road will be shared shall be installed.
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C. Unless a separate bike path through or around the TTC zone is provided, adequate roadway lane width to allow bicyclists and motor vehicles to travel side by side through the TTC is desirable. When roadway width is inadequate for al lowing bicyclists and motor vehicles to travel side by side, warning signed should be used to advise motorists of the presence of bicyclists in the travel way lanes.

Bicyclists shall not be lead into direct conflicts with mainline traffic, work site vehicles, or equipment moving through or around the TTC zone.

The Contractor shall submit Pedestrian and Bicyclist Safety Plans for review and approval by City Engineer within ten (10) working days of the Contra ct award by City and allow five (5) working days for City review.

PAYMENT:

Payment for all work shall be per the agreed upon proposal and price included as an attachment to the Contract.

SECTION 601 - WORK AREA TRAFFIC CONTROL

601-1.1 TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE
[add Section]

A traffic control system for lane closure shall con sist of closing traffic lanes in accordance with the provisions of Section 12, "Construction Area Tr affic Control Devices," of the State Standard Specifications, the provisions under "Maintaining T raffic" elsewhere in these Special Provisions, and these Special Provisions.

The provisions in this section will not relieve Con tractor from his responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-1.09, "Public Safety," of the State Standard Specifications.

If any component in the traffic control system is d isplaced, or ceases to operate or function as specified, from any cause, during the progress of t he work, Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location.

When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder. If Contractor so elects, said components may be stored at selecte d central locations, approved by Engineer, within the limits of the right of way.

388

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
APPENDIX A A-1 6/15/2026
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APPENDIX A

MAP AND LIST OF STREETS TO BE SLURRIED

389
Automall, Date, and Hobie
Resurfacing and Striping Project
MSD Project No. 26-010
390
City of Murrieta
Auto Mall, Date, and Hobie Slurry Seal Project
MSD Project No. 26-010
Branch ID Sec ID Name From To Lanes Length Width Area Treatment Type 310 680 DATE ST JEFFERSON AVE HOBIE CIR 2 735 52 38,220 Type 2 RPMS 310 685 DATE ST HOBIE CIR MADISON AVE 2 340 52 17,600 Type 2 RPMS 310 690 DATE ST MADISON AVE AUTO MALL PKWY 2 705 52 39,875 Type 2 RPMS 11150 8465 HOBIE CIR AUTO MALL PKY DATE ST 2 716 52 37,232 Type 2 RPMS 130 210 AUTOMALL PKY JEFFERSON AVE HOBIE CIR 2 725 52 37,700 Type 2 RPMS 130 220 AUTOMALL PKY HOBIE CIR DATE ST 2 1,478 52 82,261 Type 2 RPMS Total SF 252,888
Project Limits Exhibit
CIP No. 13080
391
11922 Bloomfield Ave.Santa fe Springs, CA. 90670(phone)562-864-3363 (fax)562-864-6612PROPOSAL and CONTRACT26-147CONTRACTOR'S LICENSE NO. 372798 CLASS A, C12, C32DIR PUBLIC WORKS REGISTRATION # 1000001156OwnerAddress:Wednesday, June 17, 2026DateCITY OF MURRIETAJobName:AUTO MALL PARKWAY SLURRY SEALLocation:AUTO MALLCity:MURRIETABidDate:06/17/26 0:00Job Type: PREVAILING WAGERepresentative:Phone:Fax:BidNo:ItemNoQuantityUnitItemUnitPriceTotal011L.S.CRACK SEAL 1/4" OR GREATER$9,080.400$9,080.4002252888S.F.RPMS TYPE I I$0.265$67,015.32031L.S.STRIPING REMOVALS$3,570.000$3,570.00Grand Total$79,665.72Excludes1 A/C REPAIRS.2 REMOVAL & REPLACEMENT OF STRIPING, MARKINGS, RPMS.3 STRIPING AND MARKINGS AND RPMS.4 ***STAGING AREA (MUST BE PROVIDED)***.Includes1 TRAFFIC CONTROL FOR SLURRY SEAL.2 SWEEPING FOR SLURRY SEAL.3 WEED REMOVAL.4 POST & NOTIFY FOR SLURRY SEAL.Contract invoice shall be paid at 95% of each invoice as submitted; 5% retention to be paid within 35 days after final acceptance or 6 months from date of each invoice whichever occurs first. No retention will be held on a purchase order.CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTOR'S STATE LICENSEBOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR OF THE BOARD WHOSE ADDRESS IS:Contractor's State License Board 9835 Gothe Road, Sacramento, CA 95827Accepted: _________________By:________________________ __________________ Authorized Signature(Buyer) Print NameDate:_______The above unit price will remain effective for 30 days from: 6/17/2026Terms of PaymentROY ALLAN SLURRY SEAL, INC.CONTRACTOR'S LICENSE NO. 372798BY:____________________ BY:____________________*Quote is null and void if project requires a Project Labor Aggreement (PLA)* 392

R A N C O N C E N T E R B L V D

MADISON AVE

A U T O M A L L P K W
Y

P E A R S T

R A I N T R E E C T

S A N D A L W O O D
C I R

HOBIE CIR

CHERRY ST

HOBIE CIR

DATE ST

AUTO MALL PKY

DATE ST

MADISON AVE

D A T E S T

JEFFERSON AVE

CHERRY ST

HOBIE CIR

JEFFERSON AVE

AUTO MALL PKY
A
U
T
O
M
A
L
L
P
K
Y

FRENCH VALLEY PKWY
I-15
I-15

MADISON AVE
PEAR
ST

REAGAN WAY

DATE ST

JEFFERSON AVE

RAINTREE CT

CHERRY ST
A
U
T
O
M
A
L
L
P
K
Y

HOBIE CIR

FRENCH VALLEY PKWY
I-15
15 J
E
F
F
E
R
S
O
N
A
V
E
REAGAN
WA Y

MADISON A VE

DATE ST

JEFFERSON A VE

CHERRY ST

AUTO MALL PKY

DATE ST

HOBIE CIR

JEFFERSON A VE

AUTO MALL PKY

FRENCH V ALLEY PKWY
I-15
I-15
.

Location Map
Focus
Area
·
Date
Tuesday 6/22
Wednesday 6/23
393

CITY OF MURRIETA
City Council Meeting Agenda
Report
7/7/2026
Agenda Item No. 13.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Matt Henry, Chief of Police
PREPARED BY: Dawnn Jackson, Management Analyst - Administration SUBJECT:

Approve an Agreement with American Forensic Nurses, Inc.

ABSTRACT
The City of Murrieta Police Department utilizes on-call specimen collection services to support investigations involving suspected driving under the influence and other criminal offenses requiring evidentiary blood and/or urine samples. American Forensic Nurses, Inc. provides qualified personnel to respond to the Police Station, hospitals, or other designated locations to conduct specimen collections in accordance with applicable legal and evidentiary standards. Approval of the agreement will ensure the continued availability of timely and professional specimen collection services in support of the Department’s enforcement and investigative operations. The proposed agreement is for the period of July 1, 2026, through June 30, 2029, with up to two (2) additional one-year renewal options, in an amount not to exceed $175,000.

RECOMMENDATION
Approve a three-year agreement with American Forensic Nurses, Inc. for on-call specimen collection services in an amount not-to-exceed $175,000; and
Authorize the Mayor to execute the agreement.

PRIOR ACTION/VOTE
None.

STRATEGIC ALIGNMENT
This item aligns with the City Council goal of: providing a high level of innovative public safety relating to an administrative priority.

DISCUSSION
History
American Forensic Nurses, Inc. (AFN) has provided mobile medical forensic and phlebotomy services to federal, state, and local law enforcement agencies throughout California since 1983. AFN employs licensed medical professionals who are locally based and available on an on-call basis 24 hours a day, seven days a CITY OF MURRIETA Printed on 7/2/2026Page 1 of 2
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7/7/2026
Agenda Item No. 13.
medical professionals who are locally based and available on an on-call basis 24 hours a day, seven days a week to provide evidentiary specimen collection services.

The City of Murrieta (City) Police Department (Department) has utilized AFN for on-call specimen collection services since at least 2012. These services support investigations involving suspected driving under the influence and other criminal offenses requiring evidentiary blood and/or urine samples. The Department receives partial reimbursement for these services through the District Attorney’sOffice based on the City’s proportionate share of total reimbursement requests submitted.

Procurement and Determination
On April 9, 2026, the City issued a request for proposals (RFP) to solicit qualified firms to provide on-call specimen collection services for MPD. In response to the RFP, the City received one (1) proposal submitted by AFN. Following review of the proposal, AFN was determined to be responsive and qualified to provide the required services.

Staff recommends awarding a three-year on-call professional services agreement to AFN, with up to two (2) one-year extensions, for a possible total of five (5) years.

PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

FISCAL IMPACT
Funding for this agreement is included in the Department’sFiscal Year 2026/27 Operating Budget in the GL account 1103120-60480.

The total fiscal impact associated with approval of this five-year contract is $175,000. The budget for this agreement is available in the Fiscal Year 2026/27 Operating Budget General Ledger account 1103120-60480.

The proposed five-year agreement has a not-to-exceed amount of $175,000. Budget for succeeding fiscal years will be included in a future biennial budget process.

ATTACHMENTS
ATT 1 - Agreement with American Forensic Nurses, Inc.

CITY OF MURRIETA Printed on 7/2/2026Page 2 of 2
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395
For City Clerk Use Only

Contract No._________

AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
Project Name/Description (“ Project”): Specimen Collection Services for the City of Murrieta Police Department
Consultant Name (“Consultant”): American Forensic Nurses, Inc.

Consultant Business Type: Corporation
Consultant Address: 51321 Avenida Bermudas, #1625, La Quinta, CA 92247 Consultant Representative Name and Title (“ Consultant Representat ive”): Christian Dumpit, COO
Consultant Representative Work Phone: 760-322-9925
Consultant Representative Email: [email protected]
Termination Date: June 30, 2029
Total Not-To-Exceed Contract Amount (“Contract Sum”): $175,000.00 City Department Contact (“Department Contact”): Dawnn Jackson, Management Analyst Department Contact Work Phone: 951-461-6321
Department Contact Email: [email protected]
Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No): No

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RECITALS
The City desires to contract with a Consultant to provide professional services on an on- call basis as more further set forth herein.

The City circulated a Request for Quotes or Proposals for the above-described professional services.

Consultant submit ted a proposal to City to provide the above -described professional services.

City Staff has reviewed all the proposals and after considering the demonstrated competence of Consultant, the professional qualifications of Consultant, and the fairness and reasonableness of Consultant’s proposed cost, staff has determined that an agreement to provide the required services should be awarded to Consultant.

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397

AGREEMENT FOR PROFESSIONAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)

THIS AGREEMENT FOR SERVICES (“Agreement”) is made and entered into as of the effective on the date executed by the City by and between CITY OF MURRIETA, a California municipal corporation (“ City”) and (“ Consultant”). City and Consultant may be r eferred to individually as “Party” or collectively as “Parties.” In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “ services” or “ work” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants: a) it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement b) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; c) all materials used for services will be both of good quality as well as fit for the purpose intended; and, d) Consultant shall follow the highest professional standards and practices in performing the services required hereunder. Individual tasks under the Scope of Services shall be established on a per project basis. Upon request by City, the Consultant shall provide a detailed task proposal including pricing consistent with those hourly rates as provided in Article II, below. Consultant shall not commence work until an Task Order is issued by the City authori zing the Consultant to perform such work.

1.2 Consultant’s Proposal. The Scope of Services shall include the scope of services or work included in Consultant’s proposal or bid , which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal or bid, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Consultant’s proposal or bid, other than description of scope of services or work, shall apply to this Agreement, unless specifically agreed to by City in writing.

Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents a nd warrants that it is familiar with and/or has inspected City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreeme nt is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of City. Consultant acknowledges that City is relying on this representation by Consultant as a material consideration in entering into this Agreement.

1.7 Prevailing Wages. If services include any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.8 Contract Modifications. Additional terms and conditi ons of this Agreement, if any, or any modifications or revisions to the standard terms and conditions herein are made a part hereof as set forth in the “Contract Modifications” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the fixed prices and/or hourly rates specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation for all work, including reimbursement for actual expenses, shall not exceed the Contract Sum set forth above . Compensation may include reimbursement, for actual and necessary expenditures, if both are specified in the Schedule of Compensation or upon a Task Order , and approved by City in advance.

2.2 Invoices. Unless some other method of payment is specified in Exhibit C, Schedule of Compensation, in any month in which Consultant wishes to receive payment, no 399

later than the first business day of such month, Consultant shall submit to City, in a form approved by City’s Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this Agreement. Except as provided in Section s 7.3, 7.4 and 7.5, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty -five (45) days, fro m the submission of an invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City) : 1) line items for all personnel describing the work performed, the number of hour s worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the Services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation ; and 4) l ine items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

ARTICLE 3. PERFORMANCE SCHEDULE

3.0 Time of Essence. Time is of the essence in the performance of this Agreement.

3.1 Term. The Agreement shall commence and become effective on the date executed by the City and will continue until the Termination Date. This Agreement may be extended for up to two, additional one -year periods upon the mutual agreement in writing of both parties.

Unless earlier terminated in accordance with Article 7 of th is Agreement, this Agreement shall continue in full force and effect until completion of any ongoing services, which shall be no later than the Termination Date set forth above.

Notwithstanding the foregoing, the Indemnification and Insurance provisions se t forth in Article 5 shall survive the termination of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written Task Order and shall perform all services within the time period(s) established in the Task Order or generally within the time periods established in the Exhibit A.

3.3 Force Majeure. The time period(s) specified in Exhibit A for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify City in writing of the causes of the delay. 400

City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of City such delay is justified. City’s determination shall be final and conclusive upon th e Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of this Agreement pursuant to this Section.

ARTICLE 4. COORDINATION OF WORK

4.2 Department Contact for City . The Department Contact (or other person designated by the City Manager) shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Consultant’s responsibility to assure that the Department Contact is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.

No City employee benefits shall be available to Consultant, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement. 401

City shall not be liable for compensation or ind emnification to Consultant , its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder. In the event that Consultant or any officer, employee, agent, or subcontractor of Consultant providing servi ces under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System, to be classified as other than an independent contractor for City, then Consultant shall indemnify, defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Consultant, or any officer, employee, agent, or subcontractor Consultant used to provide services under this Agreement, is/are employees of City.

4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Consultant shall not contract with any other City to perform in whole or in part services req uired hereunder without express written approval of City , and n either this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.2 Indemnification.
(a) General Obligations. Except as set forth for Design Professionals below, Consultant agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “Indemnitee” and collectively, “Indemnitees”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “Claims or Liabilities”) that may be asserted or claimed by any person, firm or City arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or City for which Consultant is legally liable (each an “ Indemnitor” and collectively, “Indemnitors”), or arising from Indemnitors’ reckless or willful miscondu ct, or arising from Indemnitors’ negligent performance of or failure to perform any term, 402

provision, covenant or condition of this Agreement, and in connection therewith:
1) Consultant will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Consultant will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom. (b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall sur vive termination of this Agreement. Consultant shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Consultant fails to do so Consultant shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively “City” for solely this Section 5. 2(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful misconduct, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between C onsultant and City, as to whether liability arises from the sole negligence or willful misconduct of City, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. (c) Pursuant to the full languag e of California Civil Code §2782, and only if Consultant qualifies as a D esign Professional , Consultant agrees to indemnify, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, dema nds, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to l iability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any passive negligence of the City unless caused at least in part by the Consultant. The City agrees that in no event shall the cos t to defend charged to the Consultant exceed Consultant’s proportionate percentage of fault.

This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

5.3 Professional Liability. When the law establishes a professi onal standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall 403

indemnify, defend and hold harmless Indemnitees against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in this Section

5.3, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in th e performance of professional services under this Agreement.

ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (“books and records ”) as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily accessible . City shall have full and free access to such books and records at al l times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained for a period of three (3) years following completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing access to any and all Consultant records and documents if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“ documents and materials ”) prepared by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership , use, reuse, or assignment of the documents and materials hereunder. Consultant may retain copies of s uch documents and materials for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Consultant documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.

authorization from City. Consultant, its officers, employees , agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant immediately gives City notice of such court order or subpoena. If Consultant, or any officer, emplo yee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. As concerning, r egarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party ; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant , however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.

7.2 Suspension, or Termination, Prior to Expiration of Term. This Section sha ll govern any termination of this Agreement except as specifically provided in Section

7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days’ notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination or suspension, Consultant shall immediately cease all services hereunder , unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2. 2, Consultant shall be entitled to compensation for all service s rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such a s may be approved by 405

City, except as provided in Section 7.5. In event of termination , or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.

7.3 Default of Consultant and Opportunity to Cure. In the event that Consultant is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively t en (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices , without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default by conclusion of noticed timeframe , City may immediately both terminate this Agreement with notice to Consultant as well as pursue the remedy in Section 7.4, without prejudice to any other rem edy to which City may be entitled at law, in equity or under this Agreement . Any failure on the part of City to give notice of Consultant’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

7.4 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate s uch damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City therefor.

7.5 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be lia ble to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consult ant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City t o exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.

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7.6 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non -compliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for t he same default or any other default by the other Party.

7.8 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in a ny way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys ’ fees. Attorneys’ fees shall include attorn eys’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, consultants’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such 407

litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION

8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of 408

City addressed to City Clerk at City of Murrieta, 1 Town Square, Murrieta California 92562, and in the case of Consultant, to the person(s) at the address designated on the cover page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement , headings used, or any other rule of construction which might otherwise apply.

9.3 Counterparts. This Agreement may be executed i n counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.

9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the rema ining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their barg ain or renders this Agreement meaningless.

9.6 No Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.

(iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

[SIGNATURES ON FOLLOWING PAGE]
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01375.0010 2149989.6 -15-

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF MURRIETA ATTEST:

By:_____________________________ By:_____________________________ Jon Levell, Mayor Cristal McDonald, City Clerk
Date: ___________________________ Date: ___________________________

APPROVED AS TO FORM

ALESHIRE & WYNDER, LLP
By: ____________________________
Tiffany Israel, City Attorney

CONSULTANT:

By:_____________________________ By:_____________________________ Name: Alvaro Martinez Name: Christian Dumpit
Title: CFO Title: COO, Secretary
Date: ___________________________ Date: ___________________________

Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chair person of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or regulations applicable to Contractor’s business City. 411

01375.0010 2149989.6

EXHIBIT "A"

SCOPE OF SERVICES
I. Consultant will perform the following Services on an on-call basis:

Specimen collection services for individuals taken into custody in connection with various criminal offenses. See Exhibit “A-1” attached hereto and incorporated herein.

II. Consultant must perform all on -call Services in compliance with the following requirements:

A. Each task shall be indicated by a request from the Department Contact or City’s Police Department, with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement.

B. Consultant must prepare a Request for Service slip at the time when the Services are performed and provide a copy of the Request for Service slip to the witnessing officer immediately after completion of Services.

C. The task shall be performed at a cost not to exceed the rates set forth in Exhibit “C-1” attached hereto and incorporated herein.

D. Consultant shall complete the task and deliver all deliverables to Department Contact or City’s Police Department.

III. All work product is subject to review and acceptance by the City.

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EXHIBIT "A-1"

SCOPE OF SERVICES (CONTINUED)

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EXHIBIT "B"

CONTRACT MODIFICATIONS
(Superseding Contract Boilerplate)

I. Section 1.1 (Scope of Services) of this Agreement is hereby amended in its entirety as follows:

“1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred t o herein as the “services” or “work” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants: a) it has the qualifications and experience necessary to properly perform the Services required under this Agreement b) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; c) all materials used for services will be both of good quality as well as fit for the purpose intended; and, d) Consultant shall follow the highest professional standards and practices in performing the services required hereunder. Individual tasks under the Scope of Services shall be established on a per project basis.

Upon request by City, the Consultant shall provide a detailed task prop osal including pricing consistent with those hourly rates as provided in Article II, below. Consultant shall not commence work until an Task Order is issued by the City authorizing the Consultant to perform such work.”

II. Section 4.5 (Subcontracting or Assignment) of this Agreement is hereby amended in its entirety as follows:

“4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Consultant shall not contract with any other entity to perform in whole or in part services required hereunder without express written approval of City, and neither this Agreement nor any interest herein may be transferred or assigned.

No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City.”

III. Section 7.2 (Suspension, or Termination, Prior to Expiration of Term) of this Agreement is hereby amended in its entirety as follows:

“7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Sect ion 7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days’ notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination or suspension, Consultant shall immediately cease all services hereunder, unless the notice provides other wise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2.2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension a nd for any services authorized by City 414

01375.0010 2149989.6 145610

thereafter in accordance with the Schedule of Compensation, or such as may be approved by City, except as provided in Section 7.5. In event of termination, or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3. Consultant may terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon at least thirty (30) days’ notice to City. ”

IV. Section 7.4 (Termination for Default of Consultant) of this Agreement is hereby amended in its entirety as follows:

“7.4 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, Ci ty may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent of the compensation herein stipulated, and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City therefor.”

V. Section 1 (Commercial General Liability) of Exhibit “D” of this Agreement is hereby amended in its entirety as follows:

“1. Commercial General Liabil ity (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence.

If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be $3,000,000.”

VI. Section 4 (Professional Liability) of Exhibit “D” of this Agreement is hereby amended in its entirety as follows:

“4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $3,000,000 aggregate.”

VII. Section 5 (Cyber) of Exhibit “D” of this Agreement is hereby removed.

VIII. Section 6 (Technology Professional Liability Errors & Omissions) of Exhibit “D” of this Agreement is hereby removed.
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EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. The total compensation f or all Services, including any and all expenses, during the entire term of this Agreement shall not exceed the Contract Sum as provided in the Cover Page of this Agreement.

II. Consultant’s billing rates for Services are attached as Exhibit C-1.

A. In connection with the services provided pursuant to the terms of this Agreement, City will pay Consultant upon City’s receipt of a written invoice for each service provided by Consultant and accompanying Request for Service slip no more than monthly. Each invoice will be itemized, and each Request for Service slip will provide the following details on each collection slip:

 To be completed by the Consultant:
 Name and identification number of contracted employee /field technician
 Time of contact
 Arrival time
 Signature of contracted employee
 Date of service
 Any other related and necessary information
 City’s Police Department case number
 Indication of incorporated City or unincorporated City  Location the sample was taken
 Puncture site, if applicable
 Offense code
 To be completed by City’s Police Department witnessing officer at the time of Services:
 Name and identification number
 Any other related and necessary information
B. City will pay Consultant for work completed not to exceed the Contract Sum. The City will reimburse the Consultant for reasonable out-of-pocket expenses related to performing services on behalf of the Client that are approved in advance in writing by the City such as mileage, copies, binding costs, postage, parking, travel, and lodging expenses as part of the not to exceed Contract Sum. To receive reimbursements, the Consultant must provide the 416

01375.0010 2149989.6 145610

City with a receipt and a description of the expense incurred along with the invoice. No mark up on expenses may be added.

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EXHIBIT “C-1”

COST FILE/RATE SHEET
*On June 30, 2027 and every year thereafter, Consultant’s rates set forth herein are subject to annual increases of no more than 5% o r CPI rate, whichever is greater. Consultant will provide City at least 45 days’ written notice of proposed increased annual rates for City’s review and express written approval.

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EXHIBIT “D”

INSURANCE REQUIREMENTS

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Li ability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

5. Cyber: Vendor/Consultant shall procure and maintain for th e duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse o f data, infringement of intellectual property, invasion of privacy and breach of data.

01375.0010 2149989.6
including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic in formation, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

6. Technology Professional Liability Errors & Omissions (Only if vendor is providing a technology service (data storage, website designers, etc.,) or product (software providers)
Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary and non -contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute w ith it. This requirement shall also apply to any Excess or Umbrella liability policies.
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01375.0010 2149989.6

Umbrella or Excess Policy
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non -contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance p olicies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the C onsultant’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or pr ovide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self -insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City. Any and all deductibles and SIRs shall be the s ole responsibility of Consultant or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Consultant to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the righ t to obtain a copy of any policies and endorsements for verification.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:
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1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all p olicy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Con sultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

City reserves the right to m odify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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CITY OF MURRIETA
City Council Meeting Agenda
Report
7/7/2026
Agenda Item No. 14.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bernard Molloy, Fire Chief
PREPARED BY: Sue Ann Herring, Senior Management Analyst SUBJECT:

Fiscal Year 2026/27 Fire Suppression Assessment

ABSTRACT
The Murrieta Fire District collects an annual Fire Suppression Assessment Fee and Standby or Availability Charge to help pay for fire protection services. The proposed Fiscal Year 2026/27 Resolution continues the existing assessment previously approved by the Murrieta voters and adopted annually by the Board of Directors. Approval of the Resolution and Proposition 218 Compliance Letter will allow the assessment to be placed on the Fiscal Year 2026/27 property tax roll. The assessment is expected to generate approximately $1.62 million for Fiscal Year 2026/27 to support Fire District operations.

RECOMMENDATION
Adopt Resolution No. MFD 26-229 entitled: A Resolution of the Board of Directors of the Murrieta Fire District Levying the Fiscal Year 2026/27 Fire Suppression Assessment Fee and Standby or Availability Charge and Authorizing the General Manager to Execute the Associated Proposition 218 Compliance Letter.

PRIOR ACTION/VOTE
On July 6, 2021, the City Council, acting as the Board of Directors of the Murrieta Fire District, adopted Resolution No. MFD 21-212, approving the annual Fire Suppression Assessment for 2021/22 and approving the Proposition 218 Compliance Letter (Vote: 5-0).

On June 21, 2022, the City Council, acting as the Board of Directors of the Murrieta Fire District, adopted Resolution No. MFD 22-218, approving the annual Fire Suppression Assessment for 2022/23 and approving the Proposition 218 Compliance Letter (Vote: 5-0).

On July 20, 2023, the City Council, acting as the Board of Directors of the Murrieta Fire District, adopted Resolution No. MFD 23-220, approving the annual Fire Suppression Assessment for 2023/24 and approving the Proposition 218 Compliance Letter (Vote: 4-1-0).

On July 2, 2024, the City Council, acting as the Board of Directors of the Murrieta Fire District, adopted Resolution No. MFD 24-224, approving the annual Fire Suppression Assessment for 2024/25 and approving the Proposition 218 Compliance Letter (Vote: 5-0).

On July 1, 2025, the City Council, acting as the Board of Directors of the Murrieta Fire District, adopted CITY OF MURRIETA Printed on 7/2/2026Page 1 of 3
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7/7/2026
Agenda Item No. 14.

On July 1, 2025, the City Council, acting as the Board of Directors of the Murrieta Fire District, adopted Resolution No. MFD 25-226, approving the annual Fire Suppression Assessment for 2025/26 and approving the Proposition 218 Compliance Letter (Vote: 5-0).

CITY COUNCIL GOAL
This item aligns with the City Council’sgoal to: Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.

DISCUSSION
In 1981, the voters in Murrieta approved a unit-of-benefit Fire Suppression Assessment by a 79 percent margin. The annual fire assessment has been approved by the City Council each year since 1993 when the Fire District became a subsidiary of the City. Before 1993, the independent Murrieta Fire Protection District Board of Directors adopted the unit-of-benefit Fire Suppression Assessment annually. All properties within the Fire District are assessed and aligned equitably with each property's proportional share of special benefits.

The method of apportionment established for most districts formed under the 1972 Benefit Act uses a weighted apportionment known as the Equivalent Benefit Unit (EBU) methodology, which uses the single- family home site as the basic unit of assessment. A single-family home site equals one EBU. All other land uses are converted to a weighted EBU based on an assessment formula that equates the property's specific development status, type of development (land use), and the property's size compared to a single-family home site. The purpose of the annual Fire Suppression Assessment is to supplement a portion of the income loss to the Murrieta Fire District due to the result of Proposition 13 and to support operational expenses for fire suppression.

The maximum fee per unit of benefit is $40. Each unit-of-benefit is assessed approximately 1,000 gallons of fire hydrant water flow per parcel, up to a maximum of twelve units of benefit. The $40 fee is levied regardless of the property valuation, with most all single-family homes paying this fixed amount. Commercial and multi- family residential zoned parcels pay up to the maximum of twelve units of benefit, depending on the fire flow requirements. Vacant parcels and outbuildings will not be assessed this fee. The approval of the suppression fee is an annual process required by the Riverside County Auditor-Controller.

In November 1996, California voters passed Proposition 218, the “Right to Vote on Taxes Act.” This constitutional amendment protects taxpayers by limiting the methods by which local governments can create or increase taxes and fees without taxpayer consent. Proposition 218 requires voter approval before imposing or increasing general taxes, assessments, and specific user fees. The attached Proposition 218 Compliance Letter certifies that the City of Murrieta Fire District is in compliance with the laws governing special assessment taxes imposed upon property owners, as stipulated in Proposition 218.

PUBLIC NOTICING
The public hearing notice and agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item) and applicable requirements.

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Agenda Item No. 14.

FISCAL IMPACT
The revenues generated from the Fire Suppression Assessment for Fiscal Year 2026/27 will be approximately $1,624,574.40. (Organizational Code 1513520 under Fire Administration, Revenue Object Code 40041 under Special Assessment-Unit of Benefit Assessment.)

ATTACHMENTS
ATT 1 - Resolution No. MFD 26-229
ATT 2 - Proposition 218 Compliance Letter
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RESOLUTION NO. MFD 26-229

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MURRIETA
FIRE DISTRICT LEVYING THE 202 6/27 FIRE SUPPRESSION

ASSESSMENT FEE AND STANDBY OR AVAILABILITY CHARGE , AND

AUTHORIZING THE GENERAL MANAGER TO EXECUTE THE
ASSOCIATED PROPOSITION 218 COMPLIANCE LETTER

WHEREAS, Government Code section 53973 authorizes the levy or standby or availability charges approved by the voters prior to the effective date of that section, which was in 1982; and

WHEREAS, a Fire Suppression Assessment, alternatively designated a Standby or Availability Charge, was duly approved by the voters and assessed in 1981; and

WHEREAS, the Board of Supervisors of Riverside County established the Murrieta Fire District as a subsidiary district of the City of Murrieta via Resolution 93-364; and

WHEREAS, the purpose of the annual Standby or Availability Charge is to supplement the income loss to the Mu rrieta Fire District as a result of Proposition 13 to support operational expenses for fire suppression.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE

MURRIETA FIRE DISTRICT, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. That the Standby or Availability Charge shall be levied at a rate not to exceed more than forty ($40) dollars per unit of benefit on each residential use by benefit unit or a fraction thereof and each commercial and industrial use by the unit of benefit rece ived based on the Insurance Services Office (ISO) fire flow guidelines, using 1,000 gallons per minute equal to

1.0 unit of benefit, to a maximum of 12.0 units of benefit.

Section 2. That the Murrieta Fire Protection District hereby certifies that it has, without limitations, complied with all legal procedures and requirements necessary for the levying and imposition of the general or special taxes, assessments or property -related fees or charges, including compliance with Government Code sections 53720-53730 inclusive, that the charge is levied without regard to property valuation, and that the charge for the Fiscal Year 2026/2027 will be set at the maximum allowed.

Section 3. That the General Manager of the Murrieta Fire District is authorized and directed to execute a letter to the Riverside County Auditor-Controller confirming that the assessments are exempt from Proposition 218 since voter approval was obtained in 1981.

Section 4. That the County Aud itor-Controller or other appropriate County officer is hereby requested to place the above-described charges and assessments on the tax roll.

Section 5. That the Secretary shall certify to the adoption of this Resolution. 426

PASSED AND ADOPTED this 7th day of July 2026.

______________________________
Jon Levell, General Manager

ATTEST:

____________________________________
Cristal McDonald, Secretary

APPROVED AS TO FORM:

____________________________________
Tiffany Israel, General Counsel

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §

CITY OF MURRIETA )

I, Cristal McDonald, Secretary of the Murrieta Fire District, do hereby certify that the forgoing Resolution No. MFD 2 6-229 was duly passed and adopted by the Fire District of the City of Murrieta at the regular meeting thereof, held on the 7th day of July 2026, and was signed by the General Manager of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________________
Cristal McDonald, Secretary

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CITY OF MURRIETA

To: Mr. Ben J. Benoit
Riverside County Auditor-Controller
Property Tax Section
4080 Lemon Street, 11th Floor
P.O. Box 1326
Riverside, CA 92502

From: City of Murrieta

Subject: Compliance with Proposition 218

Date: July 7, 2026

Dear Mr. Benoit:

The City of Murrieta represents that the charges associated with property tax fund numbers identified on the County Tax Roll as:

68-0022-FC L&L District No. 29 68-4372-FC L&L District No. 15 68-0101-FC Murrieta CFD 2005-5 IA B 68-4373-FC L&L District No. 16 68-2717-FC L&L District No. 31 68-4374-FC L&L District No. 17 68-4264-FC Refuse and Recycling 68-4375-FC L&L District No. 18 68-4265-FC Community Services District 68-4376-FC L&L District No. 19 68-4266-FC Parks and Recreation Tax 68-4377-FC L&L District No. 20 68-4268-FC L&L District No. 02 68-4378-FC L&L District No. 21 68-4269-FC L&L District No. 01 68-4379-FC L&L District No. 22 68-4341-FC Fire Protection District 68-4380-FC Murrieta CFD 2000-1 68-4350-FC Murrieta AD 95-1R 68-4381-FC Murrieta CFD 2001-1 IA A 68-4357-FC L&L District No. 25 68-4382-FC Murrieta CFD 2003-2 68-4358-FC L&L District No. 24 68-4383-FC Murrieta CFD 2003-4 68-4359-FC L&L District No. 23 68-4384-FC Murrieta CFD 2000-2 IA A 68-4360-FC L&L District No. 03 68-4385-FC Murrieta CFD 2003-1 68-4361-FC L&L District No. 04 68-4386-FC Murrieta CFD 2003-3 68-4362-FC L&L District No. 05 68-4387-FC Murrieta CFD 2004-1 68-4363-FC L&L District No. 06 68-4388-FC Murrieta CFD 2004-2 68-4364-FC L&L District No. 07 68-4389-FC Murrieta CFD 2005-1 68-4365-FC L&L District No. 08 68-4390-FC Murrieta CFD 2001-1 IA B 68-4366-FC L&L District No. 09 68-4391-FC Murrieta CFD 2000-2 IA B 68-4367-FC L&L District No. 10 68-4392-FC Murrieta CFD 2004-3 68-4368-FC L&L District No. 11 68-4393-FC L&L District No. 26 68-4369-FC L&L District No. 12 68-4394-FC L&L District No. 27 68-4370-FC L&L District No. 13 68-4395-FC L&L District No. 28 68-4371-FC L&L District No. 14 68-4397-FC Murrieta CFD 2005-5 IA A

are in compliance with the articles of Proposition 218 cited below.

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The County Auditor -Controller/County of Riverside agrees to enter all assessments, fees, charges, or taxes for the City of Murrieta upon receipt of such roll on or about August 15, 2026 based upon such certification.

The City of Murrieta shall be solely liable and responsible, and will defend, indemnify and hold the County and this office harmless from any liability as a result of claims or claims for refunds and related interest due filed by taxpayers against any assessments, fees, charges or taxes placed on the roll for the City of Murrieta by the County.

The C ity of Murrieta understands and agrees that the Auditor Controller’s Office shall not be held responsible for processing claims for refund that fall outside of the normal correction processing outlined within the procedures in the Fixed Charge Processing packet. Notwithstanding the foregoing, the Auditor Controller’s Office may, at its sole discretion, agree by a separate, written agreement to process such refunds.

All associated costs and fees shall be charged to the district.

Article XIII C. Sec. 2 (c) “ Any general tax imposed, extended, or increased, without voter approval, by any local government on or after January 1, 1995, and prior to the effective date of this article, shall continue to be imposed only if approved by a majority vote of the voters voting in an election on the issue of the imposition, which election shall be held within two years of the effective date of this article and in compliance with subdivision (b).”

Article XIII D. Sec. 5 “...this article shall become effective the day after the election unless otherwise provided.

Beginning July 1, 1997, all existing, new, or increased assessments shall comply with this article.”

Article XIII D. Sec. 6 (d) “Beginning July 1, 1997, all fees or charges shall comply with this section.”

City of Murrieta Attested By:

___________________________ _________________________________ Justin Clifton, City Manager Cristal McDonald, City Clerk

___________________________ _________________________________ Date Date

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CITY OF MURRIETA
City Council Meeting Agenda
Report
7/7/2026
Agenda Item No. 15.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Ambrose, Community Services Director
PREPARED BY: Crystal Arora, Management Analyst - Parks & Recreation SUBJECT:

Consolidated Landscaping and Lighting District Levy of Annual Assessments

ABSTRACT
The purpose of this City Council agenda item is to hold a public hearing, approve the final Engineer’sAnnual Levy Report, and order the collection of the rates and charges there within. This public hearing is held annually to review the rates and charges of the Consolidated Landscaping and Lighting District.

RECOMMENDATION
Authorize amendment of the Fiscal Year (FY) 2026/27 revenue budget appropriations across the Consolidated Landscaping and Lighting District to include final totals from the Engineer’s Report; Conduct the public hearing;
Adopt Resolution No. 26-4960 entitled: A Resolution of the City Council of the City of Murrieta, California, Confirming the Diagram and Assessment and Providing for the Annual Assessment Levy of Assessments for Fiscal Year 2026/27 in the City of Murrieta Consolidated Landscaping and Lighting District; and Authorize the City Clerk to file the assessment roll with the County Auditor.

PRIOR ACTION/VOTE
On May 5, 2026, the City Council adopted Resolution No. 26-4934 ordering the preparation of the Engineer’s Annual Levy Report for the Consolidated Landscape and Lighting District (Vote:5-0).

On May 5, 2026, the City Council adopted Resolution No. 25-4935 approving the Engineer’sReport for the Consolidated Landscaping and Lighting District and declaring the City’s intention to levy and collect assessments for Fiscal Year 2026/27 in the City of Murrieta Consolidated Landscaping and Lighting District and set a public hearing for July 7, 2026 (Vote: 5-0).

STRATEGIC ALIGNMENT
This item aligns with the City Council goal of: maintaining a high performing organization that values fiscal CITY OF MURRIETA Printed on 7/2/2026Page 1 of 3
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Agenda Item No. 15.

This item aligns with the City Council goal of: maintaining a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency relating to an administrative priority.

DISCUSSION
On May 5, 2026, the City Council of the City of Murrieta (City) adopted Resolutions No. 26-4934 and 26-4935 to initiate proceedings allowing for the levy and collection of annual assessments to be placed on the County tax rolls for parcels within the city limits. The proposed assessments are based on the estimated costs and expenses associated with the regular annual maintenance, operation, and servicing of the landscaping and lighting improvements within each Zone that resulted from the development of properties within the Community Services District (CSD).

For Fiscal Year 2026/27, the Murrieta Consolidated Landscaping and Lighting District (Consolidated District) consists of 30 primary benefit zones and one (1) zone as dormant (activated only should the HOA fail). Four (4) of the primary benefit zones are divided, representing a total of 13 sub-zones. Each of the corresponding zones and sub-zones fund specific improvements that benefit parcels within those zones and sub-zones. The parcels receiving this assessment are identified by their own Assessor’sParcel Number (APN). The County Auditor/Controller uses APNs on the tax roll to identify properties charged for this special district benefit. The improvements and the costs of those improvements are identified and budgeted separately for each zone based on the planned services, operation, administration, and maintenance of the Consolidated District improvements authorized under the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (hereinafter referred to as the Act).

The annual assessments associated with local improvements are budgeted separately for each zone and charged to only those APNs or parcels that benefit from those improvements and services. With the formation of each original district and annexation into the Consolidated District, an annual adjustment of two (2) or three (3) percent was approved by the property owners. The annual assessment for each zone varies based upon the services received and the number of parcels within that zone, from $76.08 for Zone 22 streetlights only to $1,675.74 for Zone 3 for full maintenance and streetlights of that industrial/commercial area. While some of the zones have no increases for the next fiscal year, those with increases range from $2.72 to $180.78 annually. Please refer to the charts on pages 47-49 of the 2026/27 Engineer’sAnnual Levy Report for each zone and sub-zone assessment. The July 7, 2026, Public Hearing is scheduled for the consideration of any protests or objections in reference to the annual levy of assessments, to the extent of the maintenance services, and any other matters affecting those property owners.

History
Prior to Fiscal Year 1999/00, local landscaping and lighting improvements associated with new developments and various areas of the city were funded by rates and charges levied through the City’sCSD. These specific improvements are still provided and funded through the CSD today. Although the City could have continued using the CSD as the mechanism for maintaining local landscaping and lighting improvements, it was recognized that the CSD was not the most efficient way to address the rapid development within the City.

Therefore, between Fiscal Year 1999/2000 and Fiscal Year 2003/24, the City formed various landscaping and lighting districts under the provisions of the Act and the California Constitution Article XIIID, to address local improvements associated with these developments.

In Fiscal Year 2003/04, the City consolidated the 17 original districts into a single district pursuant to Section 22605 (d) of the Act and established the Murrieta Consolidated Landscaping and Lighting District. As part of the consolidation, the original districts were established as zones, and any benefit zones within those original districts were established as sub-zones. The consolidation was a necessary step toward reducing the administrative complexities of multiple staff reports and resolutions for each district to be reviewed and adopted each year. The consolidation did not directly impact or change the maximum assessment rates CITY OF MURRIETA Printed on 7/2/2026Page 2 of 3
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7/7/2026
Agenda Item No. 15.
adopted each year. The consolidation did not directly impact or change the maximum assessment rates previously approved by the property owners.

PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item), and the public hearing was scheduled by the City Council’s adoption of Resolution No. 25-4935 on May 5, 2026.

FISCAL IMPACT
The City of Murrieta Consolidated Landscaping and Lighting District's proposed levy amount for Fiscal Year 2026/27 is estimated at $5,477,710.60. The levy and collection of these annual assessments will pay for the costs associated with the services provided by the CSD. The revenue and expenditure budgets for each district are included in the Fiscal Year 2026/27 Operating Budget.

The revenue accounts for each district in Fiscal Year 2026/27 may require a budget adjustment, as the original budget was a projection. Finance staff will monitor revenue and propose budget adjustments, as needed, as part of the quarterly budget update report.

ATTACHMENTS
ATT 1 - Resolution No. 26-4960
CITY OF MURRIETA Printed on 7/2/2026Page 3 of 3
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01375.0022 2155679.1
RESOLUTION NO. 26 -4960

A RES

OLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA,

CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND

PROVIDING FOR THE ANNUAL ASSESSMENT LEVY OF ASSESSMENTS FOR FISCAL YEAR 202 6/27 IN THE CITY OF MURRIETA CONSOLIDATED

LANDSCAPING AND LIGHTING DISTRICT

WHEREAS, pursuant to Resolution No. 26-4935 on May 5, 2026 (Resolution of Intention), the City Council of the City of Murrieta (City) initiated proceedings for the annual levy of assessments for the landscaping and lighting district known and designated as “Consolidated Landscaping and Lighting District” (Consolidated District), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California (hereinafter referred to as the Act); and

WHEREAS, the 2026 /27 Engineer’s Annual Levy Report (the Engineer’s Report) has been prepared by Willdan Financial Services and presented to the City Council in connection with the annual levy of assessments for Fiscal Year 2026/27; and

WHEREAS, pursuant to the Resolution No. 26-4935 , the City Council set a public hearing on the Engineer’s Report for July 7, 2026, which public hearing has been duly noticed in accordance with the Act and applicable law; and

WHEREAS, the City Council has duly held a public hearing regarding the proposed landscaping and lighting improvements and the proposed assessments within the Consolidated District for Fiscal Year 2026/27; and

WHEREAS, the City Council has examined and reviewed the Engineer’s Report, considered all testimony and evidence, and now desires to proceed with the annual levy of assessments for the Consolidated District.

NOW, THEREFORE, THE CITY COUNCIL OF MURRIETA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The recitals above are true and correct and incorporated herein by this reference.

Section 2. That the diagram and assessment, as submitted and contained in the Engineer's Report, is hereby confirmed.

Section 3. That the annual levy of assessments for Fiscal Year 2026/27, in the amounts set forth in the Engineer’s Report and as referred to in the Resolution of Intention, is hereby approved.

Section 4. That the adoption of this Resolution constitutes the levy of the assessment for Fiscal Year 2026/27.

Section 5. That the estimate of costs of improvements, the diagram and assessment , and all other matters, as set forth in the Engineer's Report, pursuant to said Act, are hereby approved, adopted and confirmed.

Section 6. That the maintenance works and improvements contemplated by the Resolution of Intention for Fiscal Year 2026/27 shall be performed pursuant to law. 433
2 01375.0022 2155679.1

Section 7. That the Auditor of the County of Riverside (County) shall enter on the County Assessment Roll the amount of the assessment levied against each assessable parcel, and said assessments shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the Finance Director of the City.

Section 8. That the Finance Director has previously established a special fund known as “City of Murrieta Consolidated Landscaping and Lighting District,” into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution and to law, including any surplus amounts in those funds established for the Consolidated District, and said transfer shall be made and accomplished as soon as said monies have been made available to said City Treasurer.

Section 9. That the City Clerk is hereby ordered and directed to file the diagram and assessment, or a certified copy thereof, with the County Auditor, together with a certified copy of this Resolution upon its adoption.

Section 10. The Engineer’s Report, attached hereto as Exhibit A and incorporated herein by this reference, shall be filed in the office of the City Clerk and remain open to public inspection.

PASSED, APPROVED, AND ADOPTED this 7th day of July, 2026.

______________________________
Jon Levell, Mayor

ATTEST:

____________________________
Cristal McDonald, City Clerk

APPROVED AS TO FORM:

____________________________
Tiffany J. Israel, City Attorney

434
3 01375.0022 2155679.1

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )

I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 26-4960 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 7th day of July, 2026, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOE
S:

ABSENT:

ABSTAIN:

______________________________
Cristal McDonald, City Clerk
435
Exhibit A
436

City of Murrieta

Consolidated Landscaping and
Lighting District

2026/2027 ENGINEER’S ANNUAL LEVY REPORT

Intent Meeting: May 5, 2026
Public Hearing: July 7, 2026

27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510

www.willdan.com
437

ENGINEER'S REPORT AFFIDAVIT
Establishment of Annual Assessments for the:

Murrieta Consolidated Landscaping and Lighting District

City of Murrieta
Riverside County, State of California

This Report identifies the parcels within the District and relevant zones therein including the improvements, budgets, parcels, and assessments to be levied for fiscal year 2026/2027, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor’s parcel maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2026.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Murrieta

By: ________________________________
Michelle Laase, Project Manager
District Administration Services

By: ________________________________
Tyrone Peter
P.E. # C 81888

6th
May
438

TABLE OF CONTENTS
I. OVERVIEW 1
A. INTRODUCTION 1
B. COMPLIANCE WITH THE CURRENT LEGISLATION 3
II. DESCRIPTION OF THE DISTRICT 5
A. ZONES AND SERVICES 5
B. AUTHORIZED IMPROVEMENTS AND SERVICES (PURSUANT TO THE 1972 ACT) 6 C. CONSOLIDATED DISTRICT ZONE DESIGNATIONS 7
D. PLANS AND SPECIFICATIONS 9
ZONE #1 (COPPER CANYON) 10
ZONE #2 (GRIZZLY RIDGE) 12
ZONE #3 (CHERRY STREET BUSINESS PARK) 13
ZONE #4 (WESTERN PACIFIC HOUSING) 13
ZONE #5 (MURRIETA RANCHOS) 15
ZONE #6 (FALLSGROVE) 16
ZONE #7 (COPPER CREEK) 17
ZONE #8 (LINCOLN RANCH) 17
ZONE #9 (TAPESTRY) 18
ZONE #10 (PREVIOUSLY PART OF CSA 143) 19
ZONE #11 (PREVIOUSLY PART OF VRPD AND CSA 103) 20
ZONE #12 (WARM SPRINGS) 21
ZONE #13 (RANCHO MIRA MOSA) 24
ZONE #14 (SYCAMORE RANCH) 25
ZONE #15 (GREER RANCH) 25
ZONE #16 (MAPLETON) 26
ZONE #17 (COUNTRY GATE) 26
ZONE #18 (VINEYARDS) 27
ZONE #19 (MURRIETA OAKS) 27
ZONE #20 (BLACKMORE RANCH) 28
ZONE #21 (MURRIETA SPRINGS) 29
ZONE #22 (US HOMES) 29
ZONE #23 (CREEKSIDE VILLAGE) 30
ZONE #24 (SPRINGBROOK/MURRIETA MEADOWS) 30
ZONE #25 (ALDERWOOD – FORMERLY GOLDEN CITIES) 31
ZONE #26 (MURRIETA FIELDS / OAKMONT) 33
ZONE #27 (HUNTER’S RIDGE) 34
ZONE #28 (LANTANA) 35
ZONE #29 (GALLERY ESTATES) 36
ZONE #30 (MURRIETA 64 – KB HOMES) 37
ZONE #31 (WILLOW SPRINGS) 37
III. METHOD OF APPORTIONMENT 39
A. GENERAL 39
B. BENEFIT ANALYSIS 39
C. ASSESSMENT METHODOLOGY 40
D. ASSESSMENT RANGE FORMULA 43
IV. CONSOLIDATED DISTRICT BUDGETS 46
APPENDIX A – CONSOLIDATED DISTRICT BOUNDARY MAPS 50
APPENDIX B – ASSESSMENT ROLL 51
439

2026/2027 City of Murrieta Consolidated Landscaping and Lighting District Page 1 of 51 I. OVERVIEW
A. INTRODUCTION
Since fiscal year 1999/2000 the City of Murrieta (hereafter referred to as “City”), under the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (hereafter referred to as the “1972 Act”) has annually conducted a public hearing and levied assessments on the County tax roll for the maintenance and operation of landscaping and lighting improvements that benefit specific properties and developments within the City.

This Engineer’s Report (“Report”) for the Murrieta Consolidated Landscaping and Lighting District (hereafter referred to as the “Consolidated District”) has been prepared pursuant to Sections 22622 of the 1972 Act, and in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of said Act. This Report provides a description of the Consolidated District and the benefit zones therein, as they existed at the time of the passage of the Resolution of Intention including proposed annexations or modifications to the Consolidated District, substantial changes to the improvements, and the proposed budgets and assessments for fiscal year 2026/2027 (July 1, 2026 through June 30, 2027). For fiscal year 2026/2027 the Consolidated District is organized into thirty-one (31) benefit zones (hereafter referred to as “Zones”) that have been established to identify variations in the nature, location, and extent of the improvements and the properties that benefit from those improvements pursuant to Section 22574 of the 1972 Act. In some cases, these Zones may be further divided into Sub-Zones to identify specific Zone improvements that benefit only certain properties. Both the Zones and Sub-Zones may hereinafter be referred to collectively as Zones unless a specific distinction between the Zone and its underlying Sub-Zones is required.

The proposed assessments described in this Report are based on the estimated costs associated with the regular annual maintenance, operation and servicing of the landscaping and lighting improvements within each Zone. The costs of providing the improvements are identified and budgeted separately for each Zone, including expenditures, deficits, surpluses, revenues, and reserves. The total cost of these improvements is proportionately spread to only the properties within each respective Zone based on a method of apportionment that reflects the direct and proportional special benefits to each property.

Murrieta City CouncilJuly 7, 2026

Murrieta City Council
July 7, 2026