Agenda — Temecula City Council, July 9, 2024 (part 3 of 5)

AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND ARAGON GEOTECHNICAL, INC.

ON -CALL CONSTRUCTION MANAGEMENT SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Aragon Geotechnical, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement.

2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00).
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
05/16/2024

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.

Copies may be obtained from the California Department of Industrial Relations Internet website at htt :/l www.dir.ca . ov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to httE;l/ www.dir.ca.gov/Public-Works/PublicWorks.html

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024

provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

8. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

10. INDEMNIFICATION
The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any 05/16/2024

and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

11. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
a. Minimum Scope 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 operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($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 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor 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.

By executing this Agreement, Vendor is submitting the certification required above.

b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their 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's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor.

General liability coverage can be provided in the form of an endorsement to the Consultant 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). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. 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.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Consultant's 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 higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or 05/16/2024

better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant 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.
f. Special Risks or Circumstances_ The 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.

Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. 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, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. NOTICES
Any notices which either party may desire to give to the other party under 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, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Aragon Geotechnical, Inc.

Attn: C. Fernando Aragon
16801 Van Buren Blvd., Bldg. B
Riverside, CA 92504

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

17. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

19. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 05/16/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

James Stewart, Mayor
ATTEST:

By
Randi Johl, City Clerk
APPROVED AS TO FORM:

By
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

C. Fernando Aragon, Pre ent
By: g. 2.- d,,,.r
M rtha M. Aragon, Vice President
Peter M. Thorson, City Attorney CONSULTANT
on Geotechnical. Inc.

Attn: C. Fernando Araaon
16801 Van Buren Blvd., Bldg. B
Riverside, CA 92504
(961) 776-0345
[email protected]
05/16/2024

EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) includes on -call geotechnical and materials testing services for Public Works projects. The general scope of service for each project will vary. Typical services that may be required on Public Works projects could include, but may not be limited to, some or all of the following services:
• Subsurface Exploration, including but not limited to the following:
o In -Place Moisture and Density Tests
o Laboratory Maximum Density and Optimum Moisture Tests o Sieve Analysis
o R-Value
o Direct Shear Tests
o Consolidation of Collapse Tests
o PH, Resistivity, Soluble Sulfate, and Chloride Tests
• Logs of the Exploratory Borings summarizing the subsurface conditions encountered, Results of Laboratory Testing, and a Plan indicating the Location of the Explorations
® Seismicity
Geotechnical Evaluation and Recommendations, including but not limited to the following:
o Grading
o Earthwork
o Settlement Considerations
o Surface and Subsurface Drainage
o Foundation, Column, and Slab Recommendations
o Slope Stability
o Soil Sulfate Content Implications
o Utility Trench Backfill
o Retaining Walls and recommended Lateral Earth Pressures used for Design
o Pavement Design
o Grading and Foundation Plan Review
o Construction Monitoring
o Pile Driving, if necessary
o Lateral Earth Pressures
• Discussion of the Existing Pavement or Site Conditions • Recommendations of Removal of Unsuitable Material
• Soil Ferrous Corrosivity and Portland Cement Attack Potential Environmental Concerns / Hazards
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• Preparation of Phase I Environmental Reports of properties • Review of available Geologic Maps and Reports for the Region • Discussion of the Material Encountered in the Borings and Measured Engineering Properties
• Preparation of Field and Final Compaction Reports, as required. A Summary of Findings and Recommendations in the Report
• Review of Project Plans and Specifications with emphases on Geotechnical and Laboratory Materials Testing Services, and attend Progress Meetings, as required
• Observation and Field Testing Services during all phases of Site Grading, including but not limited to Removal of Unsuitable Soils, Approval of Areas to receive Fill ad Mass Fill Placement
• Field Observation and Testing during Trench Backfilling Operations • Field Density Testing during Subgrade and Base Compaction • Field Sampling and Testing of Base and Asphalt Concrete • All necessary Laboratory Tests to support Fielded Services, and to satisfy Caltrans and other regulatory agency requirements
• Batch Plant Inspections
Structure Backfill Observation and Testing
• Concrete Sampling and Testing
• Special Inspections
• Consulting Services requiring Corrective and/or Remedial Recommendations, if necessary
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EXHIBIT B
Payment Rates and Schedule
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
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ARAG6N GEOTECHNICAL, INC.
16801 Van Burets Bled.
• Riveiskle. California 92504
(951) 776 0345
rr^

FEE SCHEDULE
Aragon Geotechnical. Frtc. (AGQ provides 6onsulting services In th2 fields of sails and tau ndahen enameering. engirwfing geology. 03rthavake enginming. taull studie s. material *sbny, grouridwater g00". environmental studms and alter species inWcticrt servtoes- COMPOnSalron Tar Se""s will be based on the follomirig fee schedule. lABORAIORY TEST114G
Soil Tests
Compaclion Tast ie' mddI ASTM 1315W-MeMfod C...... $
Cornpwkn Test (4- ntddy ASTIti 1)1SSY-Mdhods AW ............ $ Rehifa Dert0y - CA Test 216..................................»..» $ Conso3datw Test - ASTNvI D243.5-Alalfrod A .._..... » .»....... $ Time Con caiidation Teg (Par IncmnlOM) .. ._....................... $ Drraan Shear Test (dm*-Wbe samdel ... _.. .».. $
Dlre>W Sh"r Togs remolded sanxsle)..._.._................ _ $ Dram 5hew Test 4rr+dual) ...... .... .... �.._...._.. ...._..._._. $ MoWwe-Damky Test- ASTM Ora ...................... $
E>aunslonhdexTeat- ASTM ei629....... ......_ ._..»......... $ Attal.�erg Ismils - ASTM 04315 3 CA Test 204 ...................... $ Sieve Anatyeis d Soft - ASTM ON13................................. $ Hydrometer Analyaia (mf Ve T).AST'M D422 ........___ ... _-... $ Mal" Paa*N thes2t72 Slevd-ASTM 01140-................... $ Mai•%h" Content of Saes • ASTM 02216 ... -.-.....-.............. $ t.WdjcGravity ofSoft - ASTM D8M . .................. S
R-Value of Soll or Aggregate - CA Teat 301 ._-.--- S
Calfornsa Bearing Ratio TaU 11 PLY - ASTM Dian ................... $ Rod Porft Load Tasi.............................................. ........ S Unconrnad C*RgNv"w Teat ............... .............................. $ Soil -Cement Compression Test ASTM D1633...................... S Soli -Cement Trloi Batch .................................................... 31i0
250
295
225
S5
210
3w
am
35 190
M5
250
2M
1M
30 2%
350
am
7s
220
75 Quote
Dry Pr> paratlan of Sofa - ASTM D421................. ...... __........ $ 100 P erniea 7l W Test - ASTM D2434...... .................:............ ..... Note TnaxialCornpreasgn Feat -AS TM ......... .................... .......... Qln]te 0wrn" Te41s
Ipi-IValue & Stills - ASTM D4072............................................ $ 180 Commmn Series - CA Test 643.......„.........................».»..... MO Sulfate Ccixtlerd - CA Test 417 ........................ ................... S 60 Chip*@ Content- CA Teat 422.............. .»........... ..._......... ... $ so Aggregate Tests
Speve An atom, Qw %lilla h -ASTM C136 r T 27 - CA Test =72 ...---, S Mozkire Corxent - AASHTO T26S.r CA Test 225 S
Sandf;Qlxvalerrt-AAS?fTOTi7BfCATeas217.....»............-.. i Organic In+pLt+a& -Asim C401 Cal Taal 213 ........ ............. i Fine Spechc Gravity - AASHM T54 ! ASTM C120 ................... S Caar6e SPecAi; Gravely . AASHTO T85 i AWM CI ......... $ Clearness Value - CA TeM 227............... S
Our,*ktyIndex(F)ne6Caaneei-CATWW0..-._:............... S Fla & Ebngatad - D4791._„............. S
Onnhad Pwk*r, -AASKMTMV CA TOM 205.........__..._..... S ta'iuntp=tod Void Content. AASHTO T304._........ _ _.......... $ tang Wei" of Aygrogale - ASTM C29........................ ...... $ Cloy Lttnpa & F404 Pa -tides - ASTM C142 ......_.._.. .._._... $ LARaWff-AS TMCI31.C5359CA1"211.................. ..... S Lghrdetght Pleces of Aggnsgo6e (2.0 or 2.4 SPG) -ASTµ 023. S Sodum Su Kate SeurMness t2 Sieve Mtn-1 • ASTM CSBa'Skrre .... S Fine Aggregate Rasirtaince - ASTM 07428 .,- ...................... S Corecrste R Uneary Teets
Concrete Compressive Strenp - ASTM C39 ......................... $ Mortar Campresehre Strength . ASTM CM ............. ___ .. - $ Grtwd Compre,"Ne Strength -ASTM C1019.......................... $ Prtem ComtVeWve5trenghh -ASTM C1314..-..._..-._............. $ 0"crde Flexural Strength . ASTM CTS3 CA Test 523 .............. $ Cm Cnmtpresaive StlanglhwArkn -ASTM C42 ....................... $ SpecKcGrnvnyofCore -ASIM642....... ............................. $ Concrete 5hnnkage Bars . ASTM C.15T (Set of 3) ................... $ Concrete Trim Batch - ASTM C 192 ........ ......... ........ ___ ........

Shotcrets Cantprisssi m Sbenglh Lob Cave - ASTM C1W4 ......... 5 Sho%rate Noz6entonGuaKcallon - ACl S09A ................._..,... S ISO
30 120
110
240
180
200
1w
215
205
AS
115
210
MS
4b0
190
am
35 65
65 ISO
do
75 115
TOO
Quaft
150
140
Concrete TYlai Batch - ASTM C 192......... ............................... Qwte DBE No, 45365
SBE No. 1182800
Page I of 2 rtnuwa.aragongieo.roni DIR No. 10(H]008509
13 05/16/2024

ARAG6N GEOTECRNICAL, INC.
16801 Van Buren Blvd.

Rhmrstrls, Califamia 112504
(951) 77"345
Awbaft Tads
% Ott by igaltion f MW4 - ASTV D SWT iAASHTO TM _......_ 1 210
9frr311byChemicalWcthod-ASTU02172 .......... ................. - S
% Oil & Gradation RAP - CA 7esl 784 .... ......_ _ _._._....— S
300
Gradalliom of ExtrocLed Aggmgarc-:A$TIM DSiM ......

S
165
19ml ore Correction Fadar - ASTM D6W71 AASHTOT308 ..._.._ $
850
Moll "CorOwt . AASHTO T329..........__ ......

S
30 Dm7tyofones(SSO)-ASTMD27M►AA5lirOTess...._....._
3 so
Danvty of Care {Coated) - AAS►iTO TITS f ASTM 01185 ........_.

S
60 Cara lrleastmnw is -ASTM 0360 ......... __... ........ _.._..._.

S
3S
Air Void Dettrmrmabon -ASTM D32031AASHTO TM ............

S
80 Max Specific Cwvvity (liicel - ASTM 0213411 AASIKTO T209 ._..w S
165
Preparation by Marshall Method -ASTM M26 (Set of 3)-
3 210
Marshall Stadiity - ASTM 006 -7 I9et of 3'icm Tieko .........».» 3 240
Asphstt Mix Design-Marshall1 rNrINod .......... ........ +twee
Premrstim by Rs e, m Mee+od - ASTM 01$61 {Set of 33 ...»........

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2TS
Ffvt� Stat),W - ASTM DI5W {Set of 3d S
37S
Asphalt Hkx Desgn - Nvown Method ......... _.... ...... ........—..

Mate
Prep by Sktwlave AAeffm4 • A5TM Dl>MI T 312{LTMI
_. -_ $
550
Rwnbkr•g Wheel Tra-M" - AASHTO T324 (Each) ...................

1.150
Prep by Sperpave Shefhpd -.ASTM D8925 ! T 312 (Ea. FR) . S 165
Asphalt Mix Design - Superpsva Method ........ .._.. _..._... ..

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RAP Tem rig for JMF - LP-9 8 Cal Test M4
iarole
Tensile Sfrorio Ratio - A45HT10 T283 ,.. ...

1.350
Centrik" Kerosene "Ovelerit . CA Teat 303 ..._»._........... $
imi]
Swell Teat (Drive -Tube 5wToe) - CA Teat 305 ........ .............. $
410
MVS Taal - CA Veal 307........ ........................... ... ............. i
480
Asphalt Mix Design -Gold ti Place Recycled .1...... ........ ..... -
Quote
Steal & Other Tests
Tensile & 8end Test (*3 to rib) - ASTM A310 & E2 0 .........._ 3 250
Tinrfslle & Bend Teat (09 to *I I) - ASTM A3T0 & E290 .......___. 3 300
Tensile d Bend Test (614 F) . ASTM A370 & E290 .......

Quota
3hickneas and Oeaaity of SFRM • ASTM E605 ._ _.... — i
150
Cone&KWAdhesianofSFRM-ASTME736(Kl!Ord)il.............. 4 60 Comments - Project related axW ass Will be billed as f*11149 t out.

EmAllsim a at edw Teab
Rm eiing Test of Gold MOW 6m/eilled -A5TM 071111110
Wo a I Track abm6 m Test - TO I D0 ........... ....... .._. 3 1 T5
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Serve Tess www.aragorigeo.com
DBE No. 45365
SBE No. 1182800
I]IR No- IM( M)ii509
14 05/16/2024

AGREEMENT FOR CONSULTANT SERVICES BETWEEN

CITY OF TEMECULA AND MONUMENT

ON -CALL PROPERTY ACQUISITION SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Monument, a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

C. Consultant will submit invoices monthly for actual services performed.

Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov . Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

By executing this Agreement, Vendor is submitting the certification required above.

General liability coverage can be provided in the form of an endorsement to the Consultant 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). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. 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.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Consultant's 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 higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptabilitv of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or 05/16/2024

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Monument
Attn: Amber Costello
200 Spectrum Center, Suite 300
Irvine, CA 92618

18. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

James Stewart, Mayor
ATTEST:

By
Randi Johl, City Clerk
APPROVED AS TO FORM:

By:
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

By:

Amb& Costello, President
Joey rendoza, Secretary and Vice
Presid nt
Peter M. Thorson, City Attorney CONSULTANT
Monument
Attn: Amber Costelle
200 Spectrum Center, Suite 300
Irvine, CA 92618
_(800) 577-0109
9 05/16/2024

EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) includes on -call property acquisition services for Public Works projects. The general scope of service for each project will vary. Typical services that may be required on Public Works projects could include, but may not be limited to, some or all of the following services:
■ Research and/or Review Title Reports
• Prepare necessary Surveys and Identify Existing Right of Way • Prepare Description of Properties including, but not limited to, present use, zoning, shape contour and elevations, utilities, etc.
■ Prepare necessary Legal Descriptions, Exhibits, and any other miscellaneous services for acquisition purposes
Provide assistance to the City, as necessary, to Acquire Right of Way, including Negotiations with Property Owners, Relocation Assistance, Valuation of Business Goodwill, Preparation of Easement Documents, and Permission to Enter/Grade Letters, etc.
• Appraise Properties for the purpose of estimating fair market value, provide Appraisal Reports, and Perform Review Appraisals
10 05/16/2024

MONUMENT
2024 HOURLY RATE SCHEDULE
�L Right of Way Management & Implementation
I
Program Manager / Principal $290.00 per hour
Senior Project Manager / Sr. Utility Project Manager $210.00 per hour ROW Project Manager 2 / Utility Project Manager 2
ROW Project Manager 1 / Utility Project Manager 1
$190.00 per hour
$160.00 per hour
Utility Coordinator $130.00 per hour
Senior Acquisition Agent / Senior Relocation Agent / Senior $145.00 per hour Analyst
Acquisition Agent 2 / Relocation Agent 2 / Property Manager $120.00 per hour Acquisition Agent 1/ Relocation Agent 1 $110.00 per hour Senior Project Coordinator
Project Coordinator 2
Project Coordinator 1
Senior Project Analyst
Project Analyst
Researcher
Project Support / Administrative
Professional Staff
Project Controller 2
$120.00 per hour
$110.00 per hour
$100.00 per hour
$135.00 per hour
{
$110.00 per hour
$90.00 per hour
$05.00 per hour
$100,00 per hour
12 05/16/2024

171
Project Controller 1 $75.00 per hour
Project Support Specialist $75.00 per hour
CBRE

SCHEUDLE OF HOURLY RATES
Rick Donahue. MAI
$350/hour - Appraisal & Consulting
$450/hour - Trial Preparation and Expert Witness Testimony Staff Appraisers
$225/hour to $325/hour
Senior Valuation Associates
$140/hour to $210/hour
Valuation Associates
$120/hour to $135/hour
13 05/16/2024

MARK THOMAS & COMPANY', INC. RATE SCHEDULE
EXPIRES JUNE30.20+25
Engineering
Surveying
Intern
$55 - $104
Survey Technician 1-I11
$61 - $194
Technician
$75 - $159
Lead Surrey Technician
$132 - 5205
Design Engineer 1
$97 - $180
Survey Specialist I-IIl
5113 - $289
Design Engineer 11
$123 - $217
Asst Surveyor 1-III
$113- $213
Sr. Technician
5130 - $217
Project Surveyor 1-111
$168 - $278
Civil Engineering Designer
$330 - $247
* Chief of Party
$379 - $273
Protect Engineer
$162 - $228
* Instrumentperson
$165 - $244
Sr Project Engineer
$181 - $261
* Chainperson
$156 - $230
Sr_ Technical Engineer
5181 -$261
* ARprentice
$78 - $184
Technical Lead
$201 - $311
* 2-Person Crew
$275 - $420
Sr. Technical Lead
5243 - $390
' 3-Person Crew
5425 - $525
Design Manager
$327 - $431
* Utility Locator
$141 - $236
Engineering Manager
$340 - $416
* 2-person Utility Locate
$290 - $47 3
Sr_ Engineering Manager
$363 - $543
Drone
$263
Construction Management
Project MAanagement& Oversight
Office Tethnicoan
$77 - $124
Project Manager
$201 - $311
Office Engineer
$123 - $247
Sr_ Project Manager
$243 - $390
* Asst. Resident Engineer
$178 - $3 44
Survey Manager 1-11
$222 - $337
* Inspector - CM
$138 - $383
Davisicn Manager
$275 - $486
Project Controls/Scheduler
$172 - $340
Principal
$447 - $S62
Resident Engineer
$233 - $374
Sr. Resident Engineer
$292 - $412
Project Support
Area Manager - CM
$340 - $543
Technica#'Sr_ Technxal Writer
$68 - $210
Project/Sr. Project Assistant
$78 - $161
Planning
PrgiecVSr. Project Coordinator
$107 - $205
Planner 1
$91 - $133
Graphic/Sr_ Graphic Designer
$113 - 5225
Planner 11
$100 - $184
Project/Sr, Project Accountant
5317 - $217
Sr. Planner
$123 - $217
Sr, Graphic Manager
$162 - $251
Project Accountant Manager
$378 - $261
Landscape Architecture/Urban Design
Landscape Intern
$55 - $104
Distrkt Management
Landscape Designer 1
$87 - $137
* Inspector - Apprentice
$68 - 5127
Landscape Designer 11
5107 - $172
* Inspector,/Sr_ Inspector
$1€0 - S187
Landscape Architect
5123 - $235
Assistant,/Asuaciate Sanitary Engineer
$156- $247
Sr. Landscape Architect
5133 - $258
Sanitary/Sr. Sanitary Project Engineer
$185 - 5337
Operations/Deputy District Manager
$253 - $404
Grant Writing
District Manager -Engineer
$.356 - $442
Funding Specialist
5123 - $254
Sr_ Funding Specialist
S168 - $29,0
Special Services
Funding Manager
$285 - $393
Expert Witness
S539
Strategic Consulting
$519
14 05/16/2024

AGREEMENT FOR CONSULTANT SERVICES BETWEEN

CITY OF TEMECULA AND BENDER ROSENTHAL INCORPORATED

ON -CALL PROPERTY ACQUISITION SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and BENDER ROSENTHAL INCORPORATED, a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

C. Consultant will submit invoices monthly for actual services performed.

By executing this Agreement, Vendor is submitting the certification required above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Bender Rosenthal Incorporated
Attn: Renee Baur
2825 Watt Avenue, Suite 200
Sacramento, CA 95821

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

James Stewart, Mayor
ATTEST:
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: ;��a
Renee Baur, PMP. CA RE Broker, Chief
Executive Officer
By: By:

Randi Johl, City Clerk Chip fillet, Vice President
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney CONSULTANT
Bender Rosenthal Incorporated
Attn: Renee Baur
2825 Watt Avenue, Suite 200
Sacramento, CA 95821
(916) 978-4900
[email protected]
9 05/16/2024

EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) includes on -call property acquisition services for Public Works projects. The general scope of service for each project will vary. Typical services that may be required on Public Works projects could include, but may not be limited to, some or all of the following services:
• Research and/or Review Title Reports
Prepare necessary Surveys and Identify Existing Right of Way Prepare Description of Properties including, but not limited to, present use, zoning, shape contour and elevations, utilities, etc.
• Prepare necessary Legal Descriptions, Exhibits, and any other miscellaneous services for acquisition purposes
Provide assistance to the City, as necessary, to Acquire Right of Way, including Negotiations with Property Owners, Relocation Assistance, Valuation of Business Goodwill, Preparation of Easement Documents, and Permission to Enter/Grade Letters, etc.
• Appraise Properties for the purpose of estimating fair market value, provide Appraisal Reports, and Perform Review Appraisals
10 05/16/2024

AM I .

Payment Rates and Schedule
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
11 05/16/2024

FEE SCHEUDLE - OPTION 1
2024 HOURLY BILLING RATES
Principal Project Manager
Senior Project Manager
Project Manager
Assistant Project Manager
Sr. Designated Member (MAIISRA/AI-GRS/ARA)
Designated Member (MAI/SRA/Al-GRSIARA)
Senior Appraiser
Appraiser
Senior Right of Way Specialist
Senior Acquisition Agent
Acquisition Agent
Senior Project Coordinator
Project Coordinator
Senior Land Agent
Land Agent
Researcher
Administrative Support III
Administrative Support II
Administrative Support
City of Temecula
April 24, 2024

Page 2 ends

$250/hr.
$225/hr.
$190/hr.
$150/hr.
$220/hr.'
$195/hr.'
$175/hr.
$150/hr.
$175/hr.
$150/hr.
$120/hr.
$135/hr.
$100/hr.
$125/hr.
$100/hr.
$ 90/hr.
$ 85/hr.
$ 70/hr.
$ 50/hr.
'NOTE: For court or briefing preparation, depositions, any pre-trial conferences, court appearances, and related activities, the hourly rate is $450.

Rates are valid January 1, 2024 through December 31, 2024.

Valuation Services, including appraisals, appraisal reviews, and waiver valuations will be bitted as lump sum services with the fee determined upon receipt of the scope of work.

Subconsultant Invoices will be marked up by 5% for processing services.

Mileage/Postage at cost.
2C' 5 Sr,ia tr u,. _�, i.�e, SuiTe 21. `arr:'Arnemn a On1F:iz.95321 be,tden u--n that. con j `I `5=97 ,4900 12 05/16/2024

FEE 5CHEUDLE - OPTION 2
Final appraisal fees will be determined by the scope of work. The below costs represent BRI's genet -at unit fees for the potentially impacted property types.

APPRAISAL
Item Description Cost
imm WIMUTME, M-2
Non -Complex Appraisal - Full Acquisition of a Single Family Property $4,000 Non -Complex Appraisal - Partial Acquisition of a Single Fatuity Property $4,500 Complex Appraisal - Full Acquisition of a Single Family Property $4,500 Complex Appraisal - Partial Acquisition of a Single Family Property $5,800 Multi Family Property
Non -Complex Appraisal - Full Acquisition of a Multi. Family Property $4,500 Non -Complex Appraisal - Partial Acquisition of a Multi Family Property $5,000
Complex Appraisal - Fall Acquisition of a Multi Family Property $5,000
Complex Appraisal - Partial Acquisition of a Multi Family Property PropertyCommercial
Non -Complex Appraisal - Full Acquisition of a Commercial Property $6,000
$47550
Non -Complex Appraisal - Partial Acquisition of a Commercial Property $4,750
Complex Appraisal - Full Acquisition of a Commercial Property $53,000
Complex Appraisal - Partial Acquisition of a Commercial Property PropertyIndustrial
Non -Complex Appraisal - Full Acquisition of an Industrial Property $5,300
$4,550
Non -Complex Appraisal - Partial Acquisition of an Industrial Property $4,750
Complex Appraisal - Full Acquisition of an Industrial Property $52000
Complex Appraisal - Partial Acquisition of an industrial Property Agricultural Land
Non -Complex Appraisal - Full Acquisition of Agricultural Land $5,300
$4,000
Non -Complex Appraisal - Partial Acquisition of Agricultural Land $4,300
Complex Appraisal - Full Acquisition of Agricultural Land $4,500
Complex Appraisal - Partial Acquisition of Agricultural Land Vacant Property
Non -Complex Appraisal - Full Acquisition of a Vacant Property $4,700
W_
$31200
Non -Complex Appraisal - Partial Acquisition of a Vacant Property $3,500
Complex Appraisal - Full Acquisition Of a Vacant Property $3,700
Complex Appraisal - Partial Acquisition of a Vacant Property $4,000
13 05/16/2024

City of Temecula
April 24, 2024

Page 4 ends

Special- Property
Non -Complex Appraisal - Full Acquisition of a Special Use Property $5,000
Non -Complex Appraisal - Partial Acquisition of a Special Use Property $5,200
Complex Appraisal - Full Acquisition of a Special Use Property $6,000
Complex Appraisal - Partial Acquisition of a Special Use Property Additional.. .-
Appraisal - Railroad Property
$6,500
$6,500
Appraisal - Environmental Mitigation Purposes
$5,500

ACQUISITION
Item Description
Permit to Enter / Right of Entry
$1,200
Lease / License
$2,000
Joint Use Agreement
$2,000
Temporary Construction Easement
$2,500
Partial Acquisition
$3,500
Full Acquisition
$3,500
Preliminary Title Report
$850
Right of Way Estimate 1 Data Sheet
$5,000
Escrow
$1,200
Right of Way Certification
$2,500
Acquisition and escrow services will be billed at the following milestones:
14 05/16/2024

AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND STC TRAFFIC, INC.

ON -CALL TRAFFIC ENGINEERING SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula , a municipal corporation hereinafter referred to as "City"), and STC Traffic, Inc., a Corporation, (hereinafter referred to as "Consultant" ). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

TERM
This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change.

4. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov . Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum.

Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.
06/04/2024

5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to li ftp://www.dir.ca.gov/Public-Works/PublicWorks.html

6. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00).
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance.

SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.
06/04/2024

8. DEFAULT OF CONSULTANT
a. The Consultant failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant.

10. INDEMNIFICATION
a. Indemnity for Desi n Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials 06/04/2024

(collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8.
b. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

11. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
1) Minimum Sco a of Insurance. Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($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 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Concessionaire has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's 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.

O6/04/2024

By executing this Agreement, Vendor is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) Professional Liability (Errors and Omissions): One million ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. a. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. b. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their 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's products and completed operations of the Consultant; premises owned, occupied or used by the Contractor. General liability coverage can be provided in the form of an endorsement to the Consultant 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). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. 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.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Consultant's 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 higher limits maintained by the Consultant.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
06/04/2024

8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Vendor, and all subcontractors must agree in writing to be bound by the provisions of this section. c. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
d. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant 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.
e. Special Risks or Circumstances. The 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.

12. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

14. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. 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, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: STC Traffic, Inc.

Attn: Jason Stack
5973 Avenida Encinas, Suite 218
Carlsbad, CA 92009

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.
06/04/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

James Stewart, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

STC TRAFFIC, INC.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

Jason Stack, President
By: _
Peter M. Thorson, City Attorney Consultant
STC Traffic, Inc.

Jason Stack President
5973 Avenida Encinas, Suite 218
Carlsbad, CA 92008
760 602-4290
[email protected]
06/04/2024

EXHIBIT A

TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:

The consultant shall be able to provide the City with expertise, reviews, or designs associated with:

Citywide Speed Surveys.

Traffic engineering design plans including traffic signals, street lighting, signal communications, signing/striping, and traffic control.

Roundabout layouts and geometric designs.
• Traffic signal timing plans.

R Traffic signal coordination timing plans.
• Traffic engineering studies, including traffic investigations, safety analyses, corridor studies, feasibility analyses, and traffic impact studies. • Intelligent Transportation Systems (ITS) designs.

Fiber communications planning and designs.
• Training and guiding staff on City traffic signal management systems, traffic signal controllers, network equipment, and integration of related traffic signal equipment.
• Preparation of local, state, and federal grants.
• Provide other traffic engineering related professional services as required. 10 06/04/2024

EXHIBIT B

PAYMENT RATES AND SCHEDULE
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1, 000, 000 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.

STC's detailed fee schedule is included below. STC is a local business and there are no direct costs for mileage. Outsourced reimbursable expenses such as printing and reproduction, deliveries and overnight shipping, computerized plotting, materials, etc., will be charged to the client at the consultant's cost without mark-up,
Executive/Managernent
PrincipakIn-Charge
Rate
S290
Senior Principal iManager
S270
Principal Manager
Senior Project Manager
5260
S240
Project Manager III
5220
Project Manager 11
5210
$20Professional
$230
Project Manager I
Engineering
Principal Engineer
Senior Project Engineer
$210
Project Engineer III
$190
Project Engineer II
$160
Project Engineer I
Professional Planning
Principal Planner
S140
$200
Senior Project Planner
S180
Project Planner 111
$170
Project Planner II
5140
Project Planner I
$120
Senior Systerns Engineer Technical
5220
Specialist
Systems Engineer / €echnical
5200
Specialist III
Systems Engineer /Technical
$170
Specialist 11
5150
Systems Engineer/ technical
Specialist I
Construction Manager
$240
Senior Construction
$220
En ineer/Ins coot
Construction Engineer/Inspector III
S190
Construction Engineer/Inspector 11
$160
Construction Engineer/Inspector 1
$140
Senior Drafter
$160
Drafter III
S150
Drafter It
S130
Drafter
$110
Other Classifications
Intern
5100
Expert Witness
5400
Roundabout Design Expert
(Subcontractor)
S175
Michael 1. Wallwork
11 06/04/2024

Board of Directors Resolution
TO: City of Temecula
41000 Main Street
Temecula, CA 92590
RE: Corporate Resolution for Signature Authority
This is a Certified Copy of Resolution that was passed at a Meeting of the Board of Directors of STC Traffic, Inc., a California Corporation, at which a quorum was present on January 10, 2023.

RESOLVED, that this Board of Directors hereby authorized and directs the following:

1. Jason Stack, TE, PTOE, President
Email: jason.stack,agUralFc.com
Address: 5973 Avenida Encinas, #218 1 Carlsbad I CA 192008 Phone: (760) 602-4290
is authorized for single signature authority, to sign contracts, amendments to contracts, review various claims, binding the firm to any agreement and all instruments on behalf of STC Traffic, Inc. Board of Directors and Management Team.

Jason Stack, President
Chairman of the Board of Directors
Mary (Sandra) Sass, CFO
Anya needy, Secretary
Adam Lemberg, Director
STC Traffic, Inc.
5973 Avenida Encinas, Suite 218 1 Carlsbad I CA 192009
Phone: (760) 602-4290 1 www.sturaffic.com

AGREEMENT FOR CONSULTANT SERVICES BETWEEN

CITY OF TEMECULA AND WILLDAN ENGINEERING

ON -CALL TRAFFIC ENGINEERING SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation hereinafter referred to as "City"), and Willdan Engineering, a Corporation, (hereinafter referred to as "Consultant" ). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance.

11. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($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 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Concessionaire has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

By executing this Agreement, Vendor is submitting the certification required above.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant 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.
e. Special Risks or Circumstances. The 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.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Willdan Engineering
Attn: Jeffrey Lau
27368 Via Industria, Suite 200
Temecula, CA 92590

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.
06/04/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA

WILLDAN ENGINEERING
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: By:

James Stewart, Mayor Vanessa Muno , President
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

Kate Nguye , Secretary
By:

Peter M. Thorson, City Attorney Consultant
Willdan Enaineerin
Attn: Jeffrey Lau
27368 Via Industria, Suite 200
Temecula, CA 92590
(562) 364-8526
[email protected]
06/04/2024

EXHIBIT A

TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:

The consultant shall be able to provide the City with expertise, reviews, or designs associated with:
• Citywide Speed Surveys.
• Traffic engineering design plans including traffic signals, street lighting, signal communications, signing/striping, and traffic control.
• Roundabout layouts and geometric designs.
• Traffic signal timing plans.
• Traffic signal coordination timing plans.
• Traffic engineering studies, including traffic investigations, safety analyses, corridor studies, feasibility analyses, and traffic impact studies. • Intelligent Transportation Systems (ITS) designs.
• Fiber communications planning and designs.
• Training and guiding staff on City traffic signal management systems, traffic signal controllers, network equipment, and integration of related traffic signal equipment.
• Preparation of local, state, and federal grants.
• Provide other traffic engineering related professional services as required. 10 06/04/2024

EXHIBIT B

WILLDAN ENGINEERING

W'WILLDAN
Schedule of Hourly
Rates
FffeciUve July f, 2024 to .tune 30, 2025
Technical Aide 1
$81
Assistant Code Enforcement
$106
Labor Compliance Specialist
$146
Technical Aide II
5103
Officer
Labor Compliance Manager
$103
Technical Aide III
$120
Code Enforcement Officer
$121
Utility Coordinator
$167
CAD Operator 1
5128
Senior Code Enforcement Officer
$143
Office Engineer I
$147
CAD Operator II
$148
Supervisor Code Enforcement
$173
$161)
CAD Operator 111
$165
Fire Plans Examiner
$173
Office Engineer II
GIS Analyst I
$16B
Senior Fire Plans Examiner
$189
Assistant Construction Manager
$167
GIS Analyst 11
$184
Fire Inspector
$159
Construction Manager
$1B5
GIS Analyst III
$191
Senior Fire Inspector
$173
Senior Construction Manager
$21)1
Environmental Analyst 1
$144
Fire Marshal
$204
Resident Engineer 1
$209
Environmental Analyst 11
$161
Plans ExaminerAide
$114
Resident Engineer II
$216
Environmental Analyst III
$171
Plans Exanner
$173
Project Manager IV
$2334
Environmental Specialist
$185
Senior Plans Examiner
$189
Deputy Director
$243
Designer 1
$173
Assistant Construction Permit
$121
Director
$249
Designer 11
$179
Specialist
• e •
Senior Designer 1
3188
Construction Permit Specialist
$128
$131
Senior Construction Permit
$150
Public Works Observer'"
Senior Designer))
$19i
Specialist
Public Works Observer" '
$159
Design Manager
$196
Supervising Construction Permit
$159
Senior Public Works Observer"`
$143
Senior Design Manager
$206
Specialist
"`
$159
Project Manager)
5186
Assistant Building Inspector
$143
Senior Public Works Observer
Project Manager II
W
Building Inspector
$159
l
Project Manager I11
$217
Senior Building Inspector
$173
Survey Analyst1
$147
Project Manager IV
$234
Supervising Building Inspector
$189
Survey Analyst II
$169
Principal Project Manager
$230
Inspector of Record
$202
Senior Survey Analyst
$187
Program Manager 1
$197
Deputy Building Official
S205
Supervisor- Survey S Mapping
$2D3
Program Manager II
$209
Building Official
$210
Principal Project Manager
$238
Program Manager III
$228
Plan Check Engineer
$205
l
Assistant Engineer 1
$141
Supervising Plan Check Engineer
$215
Assistant Landscape Architect
$153
Assistant Engineer II
$157
Principal Project Manager
S238
$1 76
Assistant Engineer III
$166
Deputy Director
$243
Associate Landscape Architect
Assistant Engineer IV$175
director
$249
Senior Landscape Architect
$193
Associate Engineer 1
$184
Principal Landscape Architect
$ 204
Associate Engineer II
;192
CDBG Technician
$86
Principal Project Manager
$238
Associate Engineer 111
$196
CDBG Specialists
$103
F
Senior Engineer
$199
CDBG Analyst
$122
Administrative Assistant 1
$99
Senior Engineer 11
$204
CDBG Coordinator
$152
Administrative Assistant II
S120
Senior Engineer III
W
CDBG Manager
$183
Administrative Assistant III
$140
Senior Engineer 'IV
$211
Housing Program Coordinator
$151
Project Accountant I
5112
Supervising Engineer
$2i9
Planning Technician
$130
Project Accountant 11
$132
Traffic Engineer 1
$219
Assistant Planner
$1fi2
Project Controller 1
$140
Traffic Engineer II
$234
Associate Planner
$176
Project Controller II
$158
City Engineer 1
$234
Senior Planner
$200
City Engineer II
$23B
Principal Planner
$209
Deputy Director
S243
Planning Manager
$221
Director
$249
Deputy Director
$243
Principal Engineer
$270
Director
$249
•• For Non -Prevailing Wage Project "•
For Prevailing
Wage Project
MieagerFreld Vehicle usage will he charged atthe rate n accordancewith the current FTR mileage resubursement rate, subjectto nelptatim_ Additional billing classifications may be added to the above listing during the yearas new positions amereat-d. Consultation in connection with lifigation and court appearances
will be quDtad separately. The above schedule is far straight time. Overtime will be charged at 1,5 times, and Sundays and hdidays, 2.0 times the standard rates.

Blueprinting,
reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A sub consultant managementfee of fifteen percent (15%) will be added to the direct castof all sub consultant services
to provide for
the cost of administratim, consutafim, and
coordination. Valid July 1, 2024 thru June 30, 2025, thereafter, the rates may be raised once per year to the value between the 12-month % change of the Consumer Price Index fir the Los
AngeleslOrange Cou nty!Sacm mento1san Franasowsan
Jose area and five percent For prevailing wage aassificalims, the increase will be per the prevailing wage increase set by the Calftmia Department of In dustial Relations. 12 06/04/2024

AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND ADVANTEC CONSULTING ENGINEERS, INC.

ON -CALL TRAFFIC ENGINEERING SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula , a municipal corporation hereinafter referred to as "City"), and ADVANTEC Consulting Engineers, Inc., a Corporation, (hereinafter referred to as "Consultant' ). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance.

pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

10. INDEMNIFICATION
a. Indemnity for Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8.
b. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

11. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($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 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Concessionaire has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to 06/04/2024

it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

By executing this Agreement, Vendor is submitting the certification required above.

5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Consultant's 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 higher limits maintained by the Consultant.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Vendor, and all subcontractors must agree in writing to be bound by the provisions of this section. c. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
d. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant 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.
e. Special Risks or Circumstances. The 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.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: ADVANTEC Consulting Engineers, Inc.

Attn: John Dorado
21700 Copley Drive, Suite 350
Diamond Bar, CA 92765
06/04/2024

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 06/04/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

James Stewart, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

ADVANTEC CONSULTING ENGINEERS, INC.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf o
By:

Carlos A. Ortiz, Chief Executive Officer
Pauline Yip, Secr�t�
Peter M. Thorson, City Attorney Consultant
ADVANTEC Consulting Engineers, Inc.

Attn: John Dorado
21700 Copley Drive, Suite 350
Diamond Bar, CA 91765
(714) 904-0067
[email protected]
06/04/2024

EXHIBIT A

TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:

The consultant shall be able to provide the City with expertise, reviews, or designs associated with:
• Citywide Speed Surveys.
• Traffic engineering design plans including traffic signals, street lighting, signal communications, signing/striping, and traffic control.
• Roundabout layouts and geometric designs.
• Traffic signal timing plans.
• Traffic signal coordination timing plans.
• Traffic engineering studies including traffic investigations, safety analyses, corridor studies, feasibility analyses, and traffic impact studies. • Intelligent Transportation Systems (ITS) designs.
• Fiber communications planning and designs.
• Training and guiding staff on City traffic signal management systems, traffic signal controllers, network equipment, and integration of related traffic signal equipment.
• Preparation of local, state, and federal grants.
• Provide other traffic engineering related professional services as required. 06/04/2024

EXHIBIT B

AD1, Z NTE t rill �Ilt�t�Ill �' E,l, illee)-;
Hourly Rates
Effective January 2024.

Jassification
Raie
Project Eiirectnr
1]375 ; h 0 U r
Senior='roject N-1anager':'lll
S3 1 r : hour
Senior Project Manager VII
S2 50 ,' 170Ur
Project N,lanager' SenOr Engineer VI
S220 ,' hour
F'rc_iject Manager,," EngineerV-3
S200 , hour
Project rdanager�' EngineerV-2
S'ISO 17c_rur
Project P.ianager,' Engineer V-1
S'I t_,0 , hour
Associate Engineer IV
S 145 hour
Assadaie Engineer III
S'l'35 ;' hour
Assistant Engineer 11
S`125 hour
Assistant Engineer I
S110 ,' hour
Adminisiratiw e III
S140 ,` hour
Adminisiratr e II
S 120 ' hour
Adminisirative- I
S'100 , hoar
Mileage
In House Ploiting (rt, vIar),
In House Plotting (Bond)
01her Direct t=`.osts
Direct Costs
Effective January 2024
C.Urrent Rate per IRS
S20.00 per D-size sheet
S Iu.DC1 per D-size sheet.

At Cost + '10`'O' admin
06/04/2024

COUNTS UNLIMITED. INC. - ON -CALL HOURLY BILLING RATES
Effective 2024 through 2028
Hourly Billing Rates
Counts Unlimited, Inc.

Classification
Hourly Rate
Project Manager
$125.00
Assistant Project Manager
$80.00
Field Technician
$60.00
Various Traffic Count Staff
$45.00
Counts Unlimited. Inc. - Direct Cost Rates
Intersection Vehicle Turning Movement Counts
Standard Turning Movement Count $40 per hour
Classified Turning Movement Count $45 per hour
24 Hour Machine Traffic Volume Counts
Entering Volume $55 per approach
Directional Volume $90 per site
Classification ,/ Speed $200 per site
Pedestrian / Bicycle Counts (No vehicles included) $25 per hour Speed Radar Surveys
1 Hour or 100 cars: whichever comes first $75 each
Parking Surveys
Occupancy $50 per hour
Duration / Turnover $75 per hour
License Plate Surveys $100 per hour
Field Survey of Existing Conditions $50 per hour
Counts Unlimited. Inc. • PC Bur: 1178 • Corena, CA 92878 • T 951 26--8 6268 - F 951 2sg 6267 • wew.countsuniimite-cem ,�iyc� 3PURzl

Item No. 7

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: July 9, 2024
SUBJECT: Approve Design -Build Agreement and General Conditions with De La Secura Builders, Inc. for the Ronald Reagan Sports Park Hockey Rink, Project No. PW22- 06 PREPARED BY: Nino Abad, Senior Civil Engineer
Kellen Freeman, Assistant Engineer
RECOMMENDATION: That the City Council:

1. Appropriate $500,000 in Developer Contributions from the Extraordinary Benefit Payment received from the Rendezvous Apartments project to the Ronald Reagan Sports Park Hockey Rink, Project No. PW22-06; and

2. Approve the Design -Build Agreement and General Conditions with De La Secura Builders, Inc. with a Guaranteed Maximum Price amount of $2,957,062, for the Ronald Reagan Sports Park Hockey Rink, Project No. PW22-06; and

3. Authorize the City Manager to approve construction contract change orders up to 10% of the agreement amount, $295,706.20.

BACKGROUND: The Ronald Reagan Sports Park Hockey Rink is an existing facility located within Ronald Reagan Sports Park at 30875 Rancho Vista Road. For many years, the hockey rink has been utilized by various roller sports including inline hockey and roller derby.

At this time, the hockey rink and associated amenities are in need of various upgrades and repairs.

The Ronald Reagan Sports Park Hockey Rink Project, PW22-06 proposes to upgrade the existing facility by replacing the play surface with sports tiling and replacing the existing dasher board around the rink. The project also includes construction of a new roof structure over the existing rink which will include lighting, a new scoreboard, and a push/pull fan system. Various ADA improvements to the bleachers and pathway from the parking lot to the facility are also included.

Staff has determined that the design -build method of project delivery is the most appropriate contracting method for this project.

As required for Local Agency Design -Build Projects per California Public Contract Code (PCC) Section 22164, all bidders were pre -qualified. On September 27, 2023, the Department of Public Works posted a Request for Qualifications (RFQ) on the City's bid site, PlanetBids. Staff

evaluated the statements of qualifications received, and on November 14, 2023 the City Council Pre -Qualified the following two (2) firms:

1. Byrom -Davey, Inc.

2. De La Secura, Inc.

On December 20, 2023 the City issued a Request for Proposal (RFP) to the prequalified firms.

However, the City was not able to issue a contract as the project budget was insufficient to design and construct the intended facility in a single phase. The RFP was reissued on March 8, 2024, with an increased budget amount. The new budget was approved on May 28, 2024, as part of the FY 2024/25 CIP Budget. Two (2) responsive proposals were received on March 29, 2024, from the following Design -Build firms:

1. Byrom -Davey, Inc.

2. De La Secura Builders, Inc.

Staff has evaluated the two (2) responsive design -build proposals and has determined that De La Secura Builders, Inc. (DLS) submitted the "best value" proposal per section 22164 of the Public Contract Code (PCC).

During negotiations with DLS, and in consultation with the City Manager's office, staff negotiated an increase in project scope for replacement of the entire dasher board system as well as well as plexi glass around the entire rink in lieu of the combination plexi glass and chain -link in the original scope of the project. These improvements require an additional appropriation of funds.

Staff has completed negotiations with DLS and reached an agreement amenable to both parties.

Therefore, it is the recommendation of staff that the Temecula City Council award the Design - Build Contract to DLS for the Ronald Reagan Sports Park Hockey Rink, Project No. PW22-06 for the Guaranteed Maximum Price of $2,957,062.00. This price consists of $90,909.00 for design, $2,621,655.03 for construction, and $244,497.97 for profit.

It is anticipated that the project will be deemed Categorically Exempt from the California Environmental Quality Act. The appropriate environmental studies, document, and clearance will be completed concurrent with the design phase, prior to construction.

FISCAL IMPACT: The Ronald Reagan Sports Park Hockey Rink project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2025-29 with funds including DIF (Quimby), DIF (Park & Rec Improvements), and Measure S. With the additional allocation of $500,000 of Extraordinary Benefit Payment Developer Contributions from the Rendezvous Apartment Project, there are sufficient funds to award this Design -Build agreement for $2,957,062.00, plus the $295,706.20 contingency, for a total encumbrance of $3,252,768.20.

ATTACHMENTS: 1. Design -Build Agreement

2. General Conditions

3. Project Description

Standard Form of
Agreement Between
Owner and Design -
Builder — Cost Plus
Fee with an Option
for a Guaranteed
Maximum Price

Design -Build Institute of America - Contract Documents

LICENSE AGREEMENT
By using the DBIA Contract Documents, you agree to and are bound by the terms of this License Agreement.

1. License. The Design -Build Institute of America ("DBIA") provides DBIA Contract Documents and licenses their use worldwide. You acknowledge that DBIA Contract Documents are protected by the copyright laws of the United States.

You have a limited nonexclusive license to: (a) Use DBIA Contract Documents on any number of machines owned, leased or rented by your company or organization; (b) Use DBIA Contract Documents in printed form for bona fide contract purposes; and (c) Copy DBIA Contract Documents into any machine-readable or printed form for backup or modification purposes in support of your permitted use.

2. User Responsibility. You assume sole responsibility for the selection of specific documents or portions thereof to achieve your intended results, and for the installation, use, and results obtained from the DBIA Contract Documents.

You acknowledge that you understand that the text of the DBIA Contract Documents has important legal consequences and that consultation with an attorney is recommended with respect to use or modification of the text. You will not represent that any of the contract documents you generate from DBIA Contract Documents are DBIA documents unless (a) the document text is used without alteration or (b) all additions and changes to, and deletions from, the text are clearly shown.

3. Copies. You may not use, copy, modify, or transfer DBIA Contract Documents, or any copy, modification or merged portion, in whole or in part, except as expressly provided for in this license. Reproduction of DBIA Contract Documents in printed or machine-readable format for resale or educational purposes is expressly prohibited. You will reproduce and include DBIA's copyright notice on any printed or machine-readable copy, modification, or portion merged into another document or program.

4. Transfers. You may not transfer possession of any copy, modification or merged portion of DBIA Contract Documents to another party, except that a party with whom you are contracting may receive and use such transferred material solely for purposes of its contract with you. You may not sublicense, assign, or transfer this license except as expressly provided in this Agreement, and any attempt to do so is void.

5. Term. The license is effective for one year from the date of purchase. DBIA may elect to terminate it earlier, by written notice to you, if you fail to comply with any term or condition of this Agreement.

6. Limited Warranty. DBIA warrants the electronic files or other media by which DBIA Contract Documents are furnished to be free from defects in materials and workmanship under normal use during the Term. There is no other warranty of any kind, expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.

DBIA does not warrant that the DBIA Contract Documents will meet your requirements or that the operation of DBIA Contract Documents will be uninterrupted or error free.

7. Limitations of Remedies. DBIA's entire liability and your exclusive remedy shall be: the replacement of any document not meeting DBIA's "Limited Warranty" which is returned to DBIA with a copy of your receipt, or at DBIA's election, your money will be refunded. In no event will DBIA be liable to you for any damages, including any lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use DBIA Contract Documents even if DBIA has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. Acknowledgement. You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions and that it will be governed by the laws of the District of Columbia. You further agree that it is the complete and exclusive statement of your agreement with DBIA which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties relating to the subject matter of this agreement.

INSTRUCTIONS
For DBIA Document No. 530 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a Guaranteed Maximum Price (2010 Edition) Checklist
Use this Checklist to ensure that the Agreement is fully completed and all exhibits are attached.

Page 1 ends

Owner's name, address and form of business

Page 1 ends

Design -Builder's name, address and form of business

Page 1 ends

Project name and address
Section 2.1.3
Identify other exhibits to the Agreement
Section 4.2
Note the optional provisions that are provided
Section 4.3.2
Complete blanks for additional sum for use of Work Product Section 5.2.1
Complete blanks for calendar days and note the optional language that is provided Section 5.2.2
Insert any interim milestones (optional)
Section 5.4
Complete blanks for liquidated damages and note the optional provisions that are provided
Section 5.5 If the parties select the option provided they have to insert an amount Section 5.6 Complete blanks for early completion bonus and note the optional provision that is provided Section 5.7 Note the optional provisions that are provided Section 6.1.2 Insert basis for pricing preliminary services (optional) Section 6.2.1 Choose basis for Fee and complete blanks
Section 6.2.2 Insert financial arrangements for adjustments and note optional provisions Section 6.3.3 Complete blanks for markup; insert or attach personnel names, etc.

Section 6.3.4 Note the optional provision that is provided Section 6.4.4 Note the optional provision that is provided Section 6.6.1.1 Complete blanks for GMP, and note the optional provision that is provided Section 6.6.1.2 Complete blanks for Design -Builder's Contingency Section 6.6.3.1 Choose method for sharing savings; complete blanks Section 6.7.1 Note optional provision
Section 7.1.1 Complete blanks for day of month
Section 7.2.1 Complete blanks for retention percentage and note optional provision Section 7.2.2 Note the optional provision that is provided Section 7.4 Complete blanks for interest rate
Section 8.1.3 Choose overhead/profit method for termination for convenience Section 8.2.1 Complete blanks for percentages
Section 8.2.2 Complete blanks for percentages
Section 9.1.1 Insert Owner's Senior Representative's name, etc. (optional) Section 9.1.2 Insert Owner's Representative's name, etc. (optional) Section 9.2.1 Insert Design -Builder's Senior Representative's name, etc. (optional) Section 9.2.2 Insert Design -Builder's Representative's name, etc. (optional) Section 10.1 Attach Insurance Exhibit
Section 10.2 Insert amount and conditions of bonds or other security and note the options that are provided
Section 11.1 Insert any other provisions (optional)
Last Page Owner's and Design -Builder's execution of the Agreement Instruction Sheet for DBIA Document No. 530 Page 2
©2010 Design -Build Institute of America

General Instructions
No.

Subject
Instruction
Standard form contracts have long served an important function in the United States and international construction markets. The common purpose of these forms is to provide an

1. Standard Forms
economical and convenient way for parties to contract for design and construction services. As standard forms gain acceptance and are used with increased frequency, parties are able to enter into contracts with greater certainty as to their rights and responsibilities.

Since its formation in 1993, the Design -Build Institute of America ("DBIA") has regularly evaluated the needs of owners, design -builders, and other parties to the design -build DBIA Standard
process in preparation for developing its own contract forms. Consistent with DBIA's

2. Form Contract
mission of promulgating best design -build practices, DBIA believes that the design -build Documents
contract should reflect a balanced approach to risk that considers the legitimate interests of all parties to the design -build process. DBIA's Standard Form Contract Documents reflect a modern risk allocation approach, allocating each risk to the party best equipped to manage and minimize that risk, with the goal of promoting best design -build practices.

To avoid inconsistencies among documents used for the same project, DBIA's Standard Use of Non-DBIA
Form Contract Documents should not be used in conjunction with non-DBIA documents

3. Documents
unless the non-DBIA documents are appropriately modified on the advice of legal counsel.

Moreover, care should also be taken when using different editions of the DBIA Standard Form Documents on the same project to ensure consistency.

Legal
DBIA Standard Form Contract Documents are legally binding contracts with important

4. Consequences
legal consequences. Contracting parties are advised and encouraged to seek legal counsel in completing or modifying these Documents.

DBIA hereby grants to purchasers a limited license to reproduce its Documents consistent

5. Reproduction
with the License Agreement accompanying these Documents. At least two original versions of the Agreement should be signed by the parties. Any other reproduction of DBIA Documents is strictly prohibited.

Effective contracting is accomplished when the parties give specific thought to their contracting goals and then tailor the contract to meet the unique needs of the project and the design -build team. For that reason, these Documents may require modification for various purposes including, for example, to comply with local codes and laws, or to add special terms. DBIA's latest revisions to its Documents provide the parties an opportunity

6. Modifications
to customize their contractual relationship by selecting various optional contract clauses that may better reflect the unique needs and risks associated with the project.

Any modifications to these Documents should be initialed by the parties. At no time should a document be re -typed in its entirety. Re-creating the document violates copyright laws and destroys one of the advantages of standard forms -familiarity with the terms.

7. Execution
It is good practice to execute two original copies of the Agreement. Only persons authorized to sign for the contracting parties may execute the Agreement.

Instruction Sheet for DBIA Document No. 530 Page 3
©2010 Design -Build Institute of America

Specific Instructions
Section
Title
Instruction
DBIA Document No. 530 ("Agreement") should be used when the parties intend that Owner pay Design -Builder the Cost of the Work plus a Fee, with or without a Guaranteed Maximum Price ("GMP"). If there is uncertainty about Owner's Project Criteria, or the Project Criteria remain to be developed by Owner and Design -Builder General
Purpose of This
together, a cost-plus/GMP contracting approach is desirable.

Agreement
If there is certainty as to Owner's Project Criteria, a lump sum fixed price for the completion of all design and construction services may be suitable, especially when the Owner procures Design -Builder's services by competitive means. In such case, DBIA Document No. 525 should be used.

General
Purpose of These
These Instructions are not part of this Agreement, but are provided to aid the parties in Instructions
their understanding of the Agreement and in completing the Agreement.

General
Related Documents
This Agreement shall be used in conjunction with the General Conditions of Contract.

Other related Contract Documents are listed in Article 2 of this Agreement.

On Page 1, enter the date when both parties reach a final understanding. It is possible, due to logistical reasons, that the dates when the parties execute the Agreement may General
Date
be different. Once both parties execute the Agreement, the effective date of the Agreement will be the date recorded on Page 1. This date does not, however, determine Contract Time, which is measured according to the terms of Article 5.

Parties: Owner and
On Page 1, enter the legal name and full address of Owner and Design -Builder, as well General
Design -Builder
as the legal form of each entity, e.g., corporation, partnership, limited partnership, limited liability company, or other.

If a GMP is established upon execution of this Agreement, the GMP Exhibit must be GMP Exhibit, GMP
attached pursuant to Section 6.6.1.1. If a GMP is established after execution of this

2.1.2 Proposal
Agreement, the GMP Proposal must be attached pursuant to Section 6.6.2. Both the GMP Exhibit and GMP Proposal will include those Basis of Design Documents Design - Builder uses as the basis for its GMP.

Construction
After execution of the Agreement, and consistent with the requirements of Section 2.4

2.1.5 Documents
of the General Conditions of Contract, Design -Builder will prepare Construction Documents, subject to Owner's review and approval.

The Contract Documents are listed in Section 2.1 in the order of their precedence. The GMP Exhibit and GMP Proposal are based on the Basis of Design Documents, which are comprised of various documents. The parties should strongly consider establishing the priority of the various documents comprising the GMP Exhibit or GMP Proposal to

3.2 Order of
avoid disputes should discrepancies arise among the documents. Moreover, Section Precedence

2.1.3 recognizes that there may be other exhibits attached to this Agreement. If this is the case, the parties should discuss whether these exhibits should be part of the Basis of Design Documents. If these exhibits are not made part of the Basis of Design Documents, these exhibits will not take priority over the Basis of Design Documents in the event of a conflict.

3.3 Definitions
Terms, words and phrases used in the Agreement shall have the same meanings used in the General Conditions of Contract.

The Owner is cautioned that if it includes design specifications in its Project Criteria Design
there is case law holding that the Design -Builder is entitled to rely on such information,

3.4 Specifications
and to the extent such information is not accurate, the Design -Builder will be entitled to an adjustment in the Contract Price and/or Contract Time. Accordingly, the Owner to avoid such potential liability should consider using performance specifications.

Section
Title
Instruction
This Agreement provides that the Design -Builder shall retain ownership of the Work

4.1 Work Product
Product it produces, but obligates Design -Builder to grant a limited license to Owner to use the Work Product according to the terms and circumstances described in Sections

4.2, 4.3, 4.4 and 4.5.

Design -Builder shall grant Owner, at Owner's sole risk, a limited license to use the Work Owner's Limited
Product at the completion of the Work in connection with Owner's occupation of the

4.2 License Upon
Project. This Section also provides the parties with the option of transferring ownership Payment in Full
of some or all of the Work Product to the Owner upon payment in full for all Work performed. Generally, where the Owner desires ownership of Work Product, it is sufficient to transfer ownership of unique architectural and design elements.

Owner should not use the Termination for Convenience Clause to obtain Design - Owner's Limited
Builder's valuable design concepts, and then seek lower bids from other design - License Upon
builders. Therefore, where Owner terminates this Agreement for its convenience, and Owner's
then decides to complete the Project with its own or third party forces, Design -Builder

4.3 Termination for
shall grant Owner the rights set forth in Section 4.2, provided Owner pays Design - Convenience or
Builder all amounts due Design -Builder as required by the Contract Documents, Design -Builder's
including paying Design -Builder an additional sum per Section 4.3.2 for the use of the Election to
Work Product. In the event Design -Builder elects to terminate this Agreement for cause, Terminate
for reasons set forth in Section 11.4 of the General Conditions of Contract, these same conditions apply to Owner's use of the Work Product.

To minimize disputes, the parties should negotiate prior to the execution of the

4.3.2 Additional
Agreement the amount Owner shall pay Design -Builder for the use of Design -Builder's Compensation
Work Product in the event Owner terminates this Agreement for its convenience or Design -Builder elects to terminate this Agreement for cause. Enter this amount.

Owner's Limited
License Upon
If Design -Builder is properly terminated for default, Owner is granted a limited license

4.4 Design -Builder's
to use the Work Product, to complete the Project, and Owner shall thereafter have the Default
same rights and obligations as set forth in Section 4.2.

Owner's
Indemnification for
Owner's use or alteration of the Work Product shall be at its sole risk, and Owner must

4.5 Use of Work
agree to defend, indemnify and hold harmless Design -Builder and anyone working by Product
or through Design -Builder, including Design Consultants of any tier.

5.1 Date of
Design -Builder's obligation to commence work is triggered by its receipt of a Notice to Commencement
Proceed unless the parties mutually agree otherwise.

Enter the calendar days duration by which Substantial Completion has to be achieved.

Substantial
The parties in this Section have the option of modifying the definition of Substantial

5.2.1 Completion of the
Completion set forth in the General Conditions of Contract if they want to use a Entire Work
Temporary Certificate of Occupancy as the benchmark. If this option is selected, Substantial Completion will be deemed to be achieved no later than the date a Temporary Certificate of Occupancy is issued if applicable to the Project.

Instruction Sheet for DBIA Document No. 530 Page 5
©2010 Design -Build Institute of America

Section
Title
Instruction
It may be that some portions of the Work must be completed in phases or within a prescribed period of time to accommodate Owner's needs. The parties may, at their option, identify these portions of the Work to be completed prior to Substantial Completion of the entire Work. Enter the calendar days, starting from the Date of Commencement, for achieving Substantial Completion of these identified portions of

5.2.2 Interim Milestones
the Work. If these portions of the Work are required to be substantially completed by certain milestone dates, enter those dates. As presently drafted, no remedy is provided to the Owner if an interim milestone is not met. If the Owner has special requirements as it relates to interim milestones, the Owner may want to consider a remedy for the Design -Builder's failure to meet an interim milestone, as well as providing a bonus to the Design -Builder for satisfying such interim milestone.

Owner should make a good faith evaluation of the amount that is reasonably necessary to compensate it for delay. Owner should not establish liquidated damages to penalize Design -Builder. Moreover, in the event a GMP is not established upon execution of the Agreement, it appears prudent for the parties to refrain from establishing liquidated damages until such time as the GMP is established.

Section 5.4 establishes a grace period between the Scheduled Substantial Completion Date and the assessment of liquidated damages in order to prevent disputes as to which party bears responsibility for only a few days of delay. The parties should enter the calendar days that may pass following the Scheduled Substantial Completion Date before liquidated damages will be assessed.

The parties are also provided the option of establishing liquidated damages if the Liquidated
Design -Builder fails to achieve Final Completion within a specified number of days after

5.4 Damages
Substantial Completion. If this option is selected, the parties have to negotiate the number of days, as well as the liquidated damages amount. The parties in negotiating liquidated damages should keep in mind that the amount of liquidated damages for failing to achieve Final Completion should be a considerably scaled down amount and should reflect the financial harm to the Owner. In no case should the total amount of liquidated damages for the Project exceed an amount that is reasonably necessary to compensate Owner for Project delay.

The parties also have the option here of eliminating liquidated damages altogether, in which case the Owner can recover actual damages for Project delay at an amount that is capped by the parties. The Owner is cautioned that it still cannot recover consequential damages, as they are waived under Section 10.5.1 of the General Conditions of Contract.

5.5 Liquidated
Damages Cap
The parties can agree to cap liquidated damages for delay at a negotiated amount.

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©2010 Design -Build Institute of America

Section
Title
Instruction
If the Project economics justify liquidated damages, then it is appropriate to couple these liquidated damages with an early completion bonus. The parties should enter the number of calendar days prior to the Scheduled Substantial Completion Date that will Early Completion
set the Bonus Date. Also, enter the amount of the bonus to be paid per day that will

5.6 Bonus
allow Owner to share with Design -Builder the economic benefits of early completion.

Moreover, in the event a GMP is not established upon execution of the Agreement, it appears prudent for the parties to refrain from establishing an early completion bonus until such time as the GMP is established. The parties also have the option in Section

5.6 of capping the early completion bonus at a negotiated amount.

The parties are provided the opportunity of providing the Design -Builder the right to Compensation for
receive compensation for Force Majeure Events. By selecting this option, the parties

5.7 Force Majeure
agree to modify Section 8.2.2 of the General Conditions of Contract, in which case the parties have to negotiate how many cumulative days of Force Majeure delays must Events
occur before the Design -Builder is entitled to either a negotiated amount per day for delay or the direct costs it has incurred as a result of such delay.

This Agreement allows the parties the flexibility to establish within the Contract Price a different payment basis for certain preliminary portions of the Work which may be

6.1.2 Optional Pricing
necessary to permit Design -Builder to furnish Owner with a GMP. Alternatively, the parties may use DBIA Document No. 520 to perform certain preliminary design services prior to setting the GMP. Enter a description of any such services, the basis for determining the price, and the price to be paid.

Design -Builder's
Enter the amount of Design -Builder's Fee as a sum certain or as a percentage of the

6.2.1 Fee
Cost of the Work. Design -Builder's Fee shall be commensurate with the services it provides and the risk it assumes in providing single point responsibility to Owner.

Adjustments to
For additive Change Orders, the parties have to negotiate the Fee the Design -Builder

6.2.2 Design -Builder's
will receive. For deductive Change Orders, the parties have the option by checking the Fee
appropriate box to signify whether there will be no additional reduction or whether there will be an additional reduction based on a negotiated percentage.

Wages for Design-
DBIA endorses reimbursing salaries and associated benefits of Design -Builder's Project Builder's
personnel, such as accountants, stationed at offices other than the field office, when to

6.3.3 Employees at
do so is more efficient and cost effective. Enter the percentage markup to be applied Principal or Branch
for Project -related overhead associated with such personnel. Insert, or attach as an Offices
exhibit, a list of such personnel and theirjob functions.

It may be simpler for the parties to agree on a multiplier (rather than actual costs) to

6.3.4 Employee Benefits
compensate the Design -Builder for employee benefits. Accordingly, the parties may want to insert the multiplierto be applied to the wages and salaries of such reimbursable employees.

Instruction Sheet for DBIA Document No. 530 Page 7
©2010 Design -Build Institute of America

Section
Title
Instruction
The Cost of the Work shall include the costs to repair or correct defective or non- conforming Work (including warranty or corrective work performed after Substantial Costs for
Completion). unless caused by Design -Builder's negligence. DBIA believes that

6.3.7 Defective/Non-
Design -Builder should not be penalized for inadvertent mistakes which are inevitable Conforming Work
when designing and constructing a Project. To do so would encourage ultra - conservatism in every task, the ultimate cost of which would be greater than a proactive approach to performing the Work.

At this section, the parties are provided the opportunity to establish prior to Final Completion an escrow account in a negotiated amount to be used to reimburse the Maintenance and
Design -Builder for its costs incurred in performing warranty Work. If funds remain in the

6.3.23 Warranty Bond
escrow account after the expiration of the warranty period, the funds are returned to the Owner subject to Design -Builder's share of any savings. Note that even if the escrow account is exhausted, if funds remain under the GMP, the Owner is still obligated to reimburse the Design -Builder for its warranty Work.

This section recognizes that the parties may agree that certain items of Work should be treated as an Allowance Item and priced based on Allowance Values. The Allowance Value for which the Design -Builder will be entitled to receive compensation includes direct cost of labor, materials, equipment, transportation, taxes and insurance

6.4.4 Allowance Value
associated with the Allowance Item. All other costs associated with the Allowance Item, such as design fees, general conditions costs and fee, are deemed to be included in the Contract Price. However, by checking the box, the parties agree that in the event the actual cost of the Allowance Item is greater than or less than the Allowance Value by a negotiated percentage, then Design -Builder's right to Fee and markup shall be determined pursuant to Section 6.2.2.

This Agreement provides the parties flexibility in establishing the Contract Price. Parties can establish a GMP before or after entering into this Agreement, or elect to proceed on the basis of costs plus a fee, without a GMP.

6.6 The Guaranteed
Maximum Price
If a GMP method is elected, the GMP should not be established until the Basis of Design Documents are sufficiently defined to make the GMP realistic and meaningful. Setting it too early does not permit reasonable opportunity for scope definition and evaluation of Project risk. On the other hand, setting it too late may not achieve Owner's objective of having an early price guarantee to enable it to make decisions relative to the Project.

Instruction Sheet for DBIA Document No. 530 Page 8
©2010 Design -Build Institute of America

Section
Title
Instruction
Enter the GMP, if appropriate. Attach as an exhibit to this Agreement the Basis of Design Documents used to establish the GMP. These documents comprise the GMP Exhibit which shall become a Contract Document pursuant to Section 2.1.1 of the Agreement. The Design -Builder does not guarantee any specific line item provided as

6.6.1.1 GMP at Agreement
part of the GMP.

Execution
By selecting the alternate option, the Design -Builder agrees to guarantee the line item in its GMP for general conditions costs only. The Design -Builder agrees that it is responsible for paying general conditions costs in excess of this line item. The Design - Builder does not guarantee any other line items in the GMP.

Enter the amount of Design -Builder's Contingency. The Contingency is for the exclusive use of the Design -Builder and covers all unanticipated costs incurred that are not the basis of a Change Order. This section sets forth by way of example only the type of costs that would be funded out of the Contingency. Other costs, such as but not limited to any deductibles the Design -Builder is obligated to pay, would be subject to reimbursement. The Design -Builder is also required to provide the Owner with a monthly status report accounting for the Contingency, including all reasonably foreseen uses and potential uses of the Contingency for the upcoming three months.

6.6.1.2 GMP Contingency
While not provided for in the Contingency provision, DBIA recognizes that there may be situations where the Owner will want to recapture the Contingency prior to Final Completion. For example, the Owner may want to use amounts in the Contingency to fund changes to the Project. The Owner's desire has to be balanced against the Design - Builder's need to use the Contingency to fund unanticipated costs for which it is liable.

Accordingly, balancing these competing concerns is usually accomplished by releasing some of the Contingency to the Owner after the Design -Builder has bought out the Subcontractors, providing that the Design -Builder is not obligated to release Contingency amounts in excess of amounts identified for reasonably foreseen uses or potential uses of the Contingency.

Instruction Sheet for DBIA Document No. 530 Page 9
©2010 Design -Build Institute of America

Section
Title
Instruction
At the request of Owner, Design -Builder shall submit its GMP Proposal, which shall GMP Proposal
include the items listed in Sections 6.6.2.1.1 to 6.5.2.1.9. If the parties agree to additions After
or deletions from this list, modify this Section 6.6.2.1 appropriately.

6.6.2.1 Execution of This
Agreement
The Agreement provides the parties with flexibility as to when the GMP Proposal will be submitted after execution of the Agreement. Prior to execution of the Agreement the parties should discuss when Owner desires Design -Builder to submit its GMP Proposal.

Given that expedited delivery is one of the primary factors driving many owners to select the design -build method, DBIA strongly believes that the parties should discuss and understand what each party must do to support the Project schedule. The entire Work,

6.6.2.1.4 Schedule
both design and construction, should be scheduled. The schedule should indicate the dates for the start and completion of the various stages of the Work, including the date when Owner information and approvals are required, and any Owner created constraints. The Agreement also provides flexibility to establish the Scheduled Substantial Completion Date prior to submission of the GMP Proposal.

6.6.2.3 Acceptance of
If Owner accepts the GMP Proposal, the parties should amend this Agreement to add GMP Proposal
the final GMP Proposal as a Contract Document pursuant to Section 2.1.2.

This Agreement provides three options for Owner in the event it fails to accept the GMP Proposal and two choices for Design -Builder if Owner fails to exercise any of the three options. These options are specifically designed to prevent one party from receiving a windfall in the event the parties cannot agree on the GMP and the Agreement is terminated.

6.6.2.4 Failure to Accept
the GMP Proposal
The parties should take note that if Owner exercises its option to terminate for convenience, or Design -Builder suspends performance, Design -Builder will not be entitled to payment for uncompleted Work provided by Section 8.2. However, additional payment for Owner's use of Work Product will be due Design -Builder pursuant to Section 4.3, if Owner proceeds to complete the Project using Design -Builder's Work Product.

One of the benefits of a GMP approach is the possibility that with good management by Design -Builder and timely support from Owner the actual Cost of the Work and Fee may be less than the GMP. This creates a savings pool that should result in a benefit

6.6.3 Savings
to both Design -Builder and Owner. Sharing these savings creates an incentive for Design -Builder to save costs. Some factors to consider in determining how the Savings are shared include the timing for the establishment of the GMP and the amount of Design -Builder's Fee established under Section 6.2.1.

This section provides that if the actual Cost of the Work and Design -Builder's Fee is

6.6.3.1 Savings
less than the GMP, as such GMP may have been adjusted, the savings, if any, shall be Calculations
shared. The Agreement offers two choices for distributing Savings. Choose a method and enter the appropriate figures.

Instruction Sheet for DBIA Document No. 530 Page 10
©2010 Design -Build Institute of America

Section
Title
Instruction
In addition for the potential of the Design -Builder to share in Savings as set forth in Section 6.6.3, there may be other performance incentives that will influence Project Performance
success. Such incentives may include award fees tied to the Design -Builder achieving

6.7 Incentives
certain standards relative to client satisfaction, safety, and personnel retention. The parties are encouraged to discuss the use of such incentives during negotiation of this Agreement. Any agreement on the use of incentives should be set forth in an exhibit attached to this Agreement.

7.1.1 Progress Payments
Enter the day of the month when Design -Builder shall submit its Application for Payment.

Enter the percentage Owner will retain from Progress Payments to Design -Builder until fifty percent (50%) of the Work is completed. Owner should recognize that it creates undue hardship to hold retainage on Subcontractors that have completed their work early in the Project. Owner should accordingly consider releasing retainage on Subcontractors that complete work early in the Project, providing that these Subcontractors have satisfactorily performed their portion of the Work.

7.2.1 Retainage
The parties are provided the option of modifying the retainage provision by checking the box. This option excludes from retainage the Design -Builder's General Conditions costs and amounts paid to Design -Builder's Design Consultant. The rationale for selecting this option is that the Design -Builder is obligated to pay its General Conditions costs in full each month and that under the design -bid -build delivery method, the Owner typically does not retain sums from its Designer.

Release of
This section requires the Owner to release retainage to the Design -Builder. If the

7.2.2 Retainage
Design -Builder and Owner have established a warranty reserve in accordance with Section 6.3.2.4, the parties shall establish an escrow account at this time.

The parties should enter the rate at which interest will accrue on Design -Builder's

7.4 Interest
payments if unpaid five (5) days after due. Late payment creates a hardship for Design - Builder, its Design Consultants and Subcontractors.

The Owner is provided access to Design -Builder's accounting information as it relates to Costs of the Work. However, if the parties have agreed to multipliers or markups, the

7.5 Record Keeping
time to challenge and negotiate those percentages is at the time the parties execute the Agreement and not during the Project or after it has been completed. Accordingly, the Owner can at any time audit these percentages only to confirm that such percentage has been properly charged and not to challenge the composition of such percentage.

Instruction Sheet for DBIA Document No. 530 Page 11
©2010 Design -Build Institute of America

Section
Title
Instruction
The parties should choose prior to execution of the Agreement the method that will be Termination for
used to determine overhead and profit paid to Design -Builder in the event Owner Convenience:
terminates Design -Builder for its convenience. The parties may choose to set

8.1.3 Overhead and
percentage rates for overhead and profit prior to execution of the Agreement, or may Profit
choose to determine reasonable sums to be paid for overhead and profit at the time of the termination. If the parties choose to set overhead and profit rates prior to execution of the Agreement, the percentages should be entered in Section 8.1.3.

Although it is important for Owner to have a process for terminating this Agreement for convenience, the process must consider the interests of Design -Builder. If Owner terminates this Agreement for its own convenience, compensating Design -Builder for Termination for
its costs will not be adequate because Design -Builder will have committed its resources

8.2 Convenience:
for a small amount of revenue. Therefore, in addition to the overhead and profit paid in Additional
Section 8.1, Owner shall pay Design -Builder an additional sum, calculated as a Payments
percentage of the remaining balance of the Contract Price or, if a GMP has not been established, the remaining balance of the most recent estimated Contract Price. Enter the percentages Owner shall pay Design -Builder if Owner terminates this Agreement for its own convenience prior to or after the start of construction.

Termination for
Owner should not use the Termination for Convenience clause to obtain Design - Convenience:

Builder's valuable design concepts and then seek lower bids from another design-

8.3 Owner's Use of
builder. If Owner terminates this Agreement for its own convenience, and chooses to Work Product
proceed with the Project using Design -Builder's Work Product, Owner should pay an additional sum for the use of Design -Builder's Work Product pursuant to Section 4.3.

Enter the name, title, address and telephone number of Owner's Senior Representative and Owner's Representative at Sections 9.1.1 and 9.1.2, respectively.

Enter the name, title, address and telephone number of Design -Builder's Senior Article
Representatives of
Representative and Design -Builder's Representative at Sections 9.2.1 and 9.2.2, 9 the Parties
respectively.

The parties can elect to establish these Representatives during the performance of the Project rather than at the time of execution of this Agreement. If Representatives are identified after execution of the Agreement, an appropriate amendment should be made to the Agreement at the time these individuals are designated.

Attach an Insurance Exhibit setting forth in detail the insurance coverages required for

10.1 Insurance
the Project. Parties are advised to familiarize themselves with the terms of Article 5 of the General Conditions of Contract, Insurance and Bonds, and to consult their insurance advisor.

Enter the type and amount of bonds or other performance security required for the

10.2 Bonds
Project. Where bonding is not required by statute, Owner may want to evaluate the project risks versus the bonding costs in deciding what type of performance security to require.

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©2010 Design -Build Institute of America

Section
Title
Instruction
Insert any other provisions. For example, the parties may elect to have disputes

11.1 Other Provisions
resolved through litigation rather than arbitration in which case the optional language in this Section should be included.

Instruction Sheet for DBIA Document No. 530 Page 13
©2010 Design -Build Institute of America

TABLE OF CONTENTS
Article Name Page
Article1 Scope of Work............................................................................................... 2 Article 3 Interpretation and Intent................................................................................ 2 Article 4 Ownership of Work Product........................................................................... 3 Article5 Contract Time................................................................................................4 Article6 Contract Price................................................................................................ 7 Article 7 Procedure for Payment................................................................................ 14 Article 8 Termination for Convenience...................................................................... 15 Article 9 Representatives of the Parties.................................................................... 16 Article 10 Bonds and Insurance................................................................................. 17 Article 11 Other Provisions......................................................................................... 18

DBIA
Standard Form of Agreement Between
Owner and Design -Builder - Cost Plus Fee with
an Option for a Guaranteed Maximum Price
This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification.

This AGREEMENT is made as of the 9th day of July in the year of 2024, by and between the following parties, for services in connection with the Project identified below:
[OVA0I =1
City of Temecula
41000 Main Street
Temecula, CA 92590
DESIGN -BUILDER:

De La Secura, Inc dba (DLS Builders)
1975 N Batavia Steet
Orange, CA 92685
PROJECT:

Ronald Reagan Sports Park Hockey Rink Design Build, Project No. PW 22-06 In consideration of the mutual covenants and obligations contained herein, Owner and Design -Builder agree as set forth herein.

DBIA Document No. 530 Page 2
Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America

Article 1
Scope of Work

1.1 Design -Builder shall perform all design and construction services, and provide all material, equipment, tools and labor, necessary to complete the Work described in and reasonably inferable from the Contract Documents.

Article 2
Contract Documents

2.1 The Contract Documents are comprised of the following:

2.1.1 All written modifications, amendments, minor changes, and Change Orders to this Agreement issued in accordance with DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design -Builder (2010 Edition) ("General Conditions of Contract");

2.1.2 The GMP Exhibit referenced in Section 6.6.1.1 herein; er, of apprieable the GMP Proposal aGGepted by (1WRer iR .,rrlaRGe with Seep-ti .n F F ') heroin;

2.1.3 This Agreement, including all exhibits (List for example, performance standard requirements, performance incentive arrangements, markup exhibits, allowances, unit prices, or exhibit detailing offsite reimbursable personnel) but excluding, if applicable, the GMP Exhibit;

2.1.4 The General Conditions of Contract; and

2.1.5 Construction Documents prepared and approved in accordance with Section 2.4 of the General Conditions of Contract.

Article 3
Interpretation and Intent

3.1 Design -Builder and Owner, prior to execution of the Agreement, (ate again if appliGable, at the , shall carefully
review all the Contract Documents, including the various documents comprising the Basis of Design Documents, for any conflicts or ambiguities. Design -Builder and Owner will discuss and resolve any identified conflicts or ambiguities prior to execution of the Agreement or, if applicable, prior to Owner's acceptance of the GMP Proposal.

DBIA Document No. 530 Page 3
Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America

3.2 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event inconsistencies, conflicts, or ambiguities between or among the Contract Documents are discovered after execution of the Agreement, or if applicable, after Owner's acceptance of the GMP Proposal, Design -Builder and Owner shall attempt to resolve any ambiguity, conflict or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. (Note, the parties are strongly encouraged to establish in the GMP Exhibit or GMP Proposal (as applicable) the priority of the various documents comprising such exhibit or proposal.)

3.3 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract.

3.4 If Owner's Project Criteria contain design specifications: (a) Design -Builder shall be entitled to reasonably rely on the accuracy of the information represented in such design specifications and their compatibility with other information set forth in Owner's Project Criteria, including any performance specifications; and (b) Design -Builder shall be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance have been adversely impacted by such inaccurate design specification.

3.5 The Contract Documents form the entire agreement between Owner and Design -Builder and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents.

Article 4
Ownership of Work Product

4.1 Work Product. All drawings, specifications and other documents and electronic data, including such documents identified in the General Conditions of Contract, furnished by Design -Builder to Owner under this Agreement ("Work Product") shall become the sole property of Owner and may be used, reused or otherwise disposed of by Owner without the permission of the Design -Builder. With respect to computer files containing data generated for the work, Design -Builder shall make available to Owner, upon reasonable written request by Owner, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. a"ta d-oon,od- +„ ho ,n6;tr1_1l ,o +E of servi 8 DBIA Document No. 530 Page 4
Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America

4.5 Owner's Indemnification for Use of Work Product. If Owner uses the Work Product, in whole or in part, for any facility other than the Project, without the written consent of the Design -Builder, Owner shall defend, indemnify and hold harmless Design -Builder or anyone working by or through Design -Builder, including Design Consultants of any tier, from and against any and all claims, damages, liabilities, losses and expenses, including attorneys' fees, arising out of or resulting from the use or alteration of the Work Product.

DBIA Document No. 530 Page 5
Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America

Article 5
Contract Time

5.1 Date of Commencement. The Work shall commence within five (5) days of Design -Builder's receipt of Owner's Notice to Proceed ("Date of Commencement") unless the parties mutually agree otherwise in writing.

5.2 Substantial Completion and Final Completion.

5.2.1 Substantial Completion of the entire Work shall be achieved no later than three hundred sixty-five (365) calendar days after the Date of Commencement ("Scheduled Substantial Completion Date").

X❑ The parties agree that the definition for Substantial Completion set forth in Section 1.2.18 of the General Conditions of Contract is hereby modified to read as follows:
"Substantial Completion is the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete in accordance with the Contract Documents so that Owner can occupy and use the Project or a portion thereof for its intended purposes

5.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work ("Scheduled Interim Milestone Dates") shall be achieved as follows: (Insert any interim milestones for portions of the Work with different scheduled dates for Substantial Completion) Design Completion—12/31/2024

5.2.3 Final Completion of the Work or identified portions of the Work shall be achieved as expeditiously as reasonably practicable. Final Completion is the date when all Work is complete pursuant to the definition of Final Completion set forth in Section 1.2.7 of the General Conditions of Contract.

5.2.4 All of the dates set forth in this Article 5 (collectively the "Contract Time(s)") shall be subject to adjustment in accordance with the General Conditions of Contract.

5.3 Time is of the Essence. Owner and Design -Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents.

5.4 Liquidated Damages. Design -Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Owner will suffer damages which are difficult to determine and accurately specify. Design -Builder agrees that if Substantial Completion is not attained by fifteen (15) days after the Scheduled Substantial Completion Date (the "LD Date"), Design -Builder shall pay Owner One Thousand Dollars ($1000.00) as liquidated damages for each day that Substantial Completion extends beyond the LID Date.

DBIA Document No. 530 Page 6
Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America

D 5.4 DesigR Builder and QWRer have agreed RE)t W provide for liquidated damages OR this AgreemeRt for failure ef DeSigR Builder to aGhieve the GoRtrar-A Mme(s) set forth OR this ArtiGle 5. DesigR Builder URderstands, however, that Qm 11 )r aGtual damages iR the eveRt the GGRtraGt Time(s) set forth hereiR are RGt timely aGhieved-. Chy.p.eir �_Ih_a 1111 be able te FeGGVeF SUGh aGtual damages frern DesigR Builder to the extent it can demonstrate that actual damages have been incurred, are directly related and caused by Design Builder's failure to meet the Contract Time(s) set forth hereon, and are not waived by Section 10.5.1 of the General Conditions of Contract. NotwithstandiRg the 110 event shall Design Builder's liability for actual damages former delays exceed Dollars ($

5.5 Any liquidated damages assessed pursuant to this Agreement shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature, incurred by Owner which are occasioned by any delay in achieving the Contract Time(s).

QWA,-Qr -;;Ad- DfalsigR Builder agree that thp maximum aggregate liability DeE;'gR Builder has fAr ;;RY liquidated damages that may be assessed_ undel: this AgF881*18Rt fA-.r fi-3111-We tA_ ar_,We�.ge the GARtraGt Time(s) 6hau he ...... ($ �
EG Early Completion Ran, If C1'hot;;nti�l GE)M l ttair, arry-vvrrrpret+e�i-ovr.crs�rs etlrn;-F.�i-'�cccnrr wirer before days befeirea the R_r_,heduled S_ 1-1-h6taRtial C;GMP'et*GR Date (the "Bonus Date"), QWR8F shall Dollars ($ ` ereaehday thor-mar-Sub CompletioR is 'o--ax taaiiTed r F 7 3 hereof, this SeGtiop G R mill n R-d to ho MO-difi0d o nrd.ing4l )

5.7 [The P-a#Wes .w, also .desire to .,,odif., Artkie 8 7 7 of the General Conditions of Gentrac- relative to c-empensabigty of delays that would cause the Con-trar-At ThmeW to be extended. In su, Gase, the f IIewing option n he . seal 7
X❑ In addition to Design -Builder's right to a time extension for those events set forth in Section 8.2.1 of the General Conditions of Contract, Design -Builder shall also be entitled to an appropriate adjustment of the Contract Price for those events set forth in Section 8.2.1 of the General Conditions of Contract, provided, however, for Force Majeure Events, Design -Builder shall only be entitled to an increase in the Contract Price if said events exceed twenty (20) cumulative days. Said additional compensation shall be limited to:
[Check one box only]
❑ $ dollars a day for each day work is delayed beyond the Scheduled Substantial Completion Date.
or
X❑ the direct costs and expenses Design -Builder can demonstrate it has reasonably and actually incurred as a result of such event.

Article 6
Contract Price

6.1 Contract Price.

DBIA Document No. 530 Page 7
Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America

6.1.1 Owner shall pay Design -Builder in accordance with Article 6 of the General Conditions of Contract a contract price ("Contract Price") equal to Design -Builder's Fee (as defined in Section

6.2 hereof) plus the Cost of the Work (as defined in Section 6.3 hereof), subject to any GMP established in Section 6.6 hereof and any adjustments made in accordance with the General Conditions of Contract.

6.1.2 For the specific Work set forth below, Owner agrees to pay Design -Builder, as part of the Contract Price, on the following basis: (This is an optional section intended to provide the parties with flexibility to identify and price limited preliminary services, such as a lump sum or cost-plus arrangement for preliminary design, programming, or services necessary to enable Design -Builder to furnish Owner with a GMP before execution of this Agreement.)

6.2 Design -Builder's Fee.

6.2.1 Design -Builder's Fee shall be:
[Choose one of the following.]
❑ Dollars ($ ), as adjusted in
accordance with Section 6.2.2 below.
or
X❑ ten percent (10%) of the Cost of the Work, as adjusted in accordance with Section

6.2.2 below.

6.2.2 Design -Builder's Fee will be adjusted as follows for any changes in the Work:

6.2.2.1 For additive Change Orders, including additive Change Orders arising from both additive and deductive items, it is agreed that Design -Builder shall receive a Fee of ten percent (10%) of the additional Costs of the Work incurred for that Change Order, plus any other markups set forth as agreed in the change order.

6.2.2.2 For deductive Change Orders, including deductive Change Orders arising from both additive and deductive items, the deductive amounts shall include:

MAI
X❑ An amount equal to the sum of: (a) ten percent (10%) applied to the direct costs of the net reduction (which amount will account for a reduction associated with Design - Builder's Fee); plus (b) any other markups set forth in the Change Order applied to the direct costs of the net reduction.

6.3 Cost of the Work. The term Cost of the Work shall mean costs reasonably and actually incurred by Design -Builder in the proper performance of the Work. These items are included within the GMP, and are not individually billable. The Cost of the Work shall include only the following:

6.3.1 Wages of direct employees of Design -Builder performing the Work at the Site or, with Owner's agreement, at locations off the Site; provided, however, that the costs for those employees of Design -Builder performing design services shall be calculated on the basis of prevailing market DBIA Document No. 530 Page 8
Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America

rates for design professionals performing such services or, if applicable, those rates set forth in an exhibit to this Agreement.

6.3.2 Wages or salaries of Design -Builder's supervisory and administrative personnel engaged in the performance of the Work and who are located at the Site or working off -Site to assist in the production or transportation of material and equipment necessary for the Work.

6.3.3 Wages or salaries of Design -Builder's personnel stationed at Design -Builder's principal or branch offices, b6it E)Rly tGt„e extent said persei;Rel-ape id-entified in Exhibit at D8E;4gR 9961iIder' s ch^I ae ^
0 ie+er+ I.4th o Gh ^ el

6.3.4 Costs incurred by Design -Builder for employee benefits, premiums, taxes, insurance, contributions and assessments required by law, collective bargaining agreements, or which are customarily paid by Design -Builder, to the extent such costs are based on wages and salaries paid to employees of Design -Builder covered under Sections 6.3.1 through 6.3.3 hereof.

6.3.5 The r able .,er+ie., of the r.eo+ of travel edatiens and .,keels fer DesigR Work.

6.3.6 Payments properly made by Design -Builder to Subcontractors and Design Consultants for performance of portions of the Work, including any insurance and bond premiums incurred by Subcontractors and Design Consultants.

6.3.7 Costs incurred by Design -Builder in repairing or correcting defective, damaged or nonconforming Work (including any warranty or corrective Work performed after Substantial Completion), provided that such Work was beyond the reasonable control of Design -Builder, er Ga goer! by the ordinary mistakes or inadvertenGe, and not the negligence, ordinary mistakes or inadvertence of Design -Builder or those working by or through Design -Builder. If the costs associated with such Work are recoverable from insurance, Subcontractors or Design Consultants, Design -Builder shall exercise its best efforts to obtain recovery from the appropriate source and provide a credit to Owner if recovery is obtained.

6.3.8 Costs, including transportation, inspection, testing, storage and handling, of materials, equipment and supplies incorporated or reasonably used in completing the Work.

DBIA Document No. 530 Page 9
Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America

6.3.9 Costs (less salvage value) of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by the workers that are not fully consumed in the performance of the Work and which remain the property of Design -Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining, dismantling and removing such items.

6.3.10 Costs of removal of debris and waste from the Site.

6.3.11 The reasonable costs and expenses incurred in establishing, operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charges, telephone service, photocopying and reasonable petty cash expenses.

6.3.12 Rental charges and the costs of transportation, installation, minor repairs and replacements, dismantling and removal of temporary facilities, machinery, equipment and hand tools not customarily owned by the workers, which are provided by Design -Builder at the Site, whether rented from Design -Builder or others, and incurred in the performance of the Work.

6.3.13 Premiums for insurance and bonds required by this Agreement or the performance of the Work.

6.3.14 All fuel and utility costs incurred in the performance of the Work.

6.3.15 Sales, use or similar taxes, tariffs or duties incurred in the performance of the Work.

6.3.16 Legal costs, court costs and costs of mediation and arbitration reasonably arising from Design -Builder's performance of the Work, provided such costs do not arise from disputes between Owner and Design -Builder.

6.3.17 Costs for permits, royalties, licenses, tests and inspections incurred by Design -Builder as a requirement of the Contract Documents.

6.3.18 The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner, paying legal judgments against Design -Builder resulting from such suits or claims, and paying settlements made with Owner's consent.

6.3.19 Deposits which are lost, except to the extent caused by Design -Builder's negligence.

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Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America

6.3.20 Costs incurred in preventing damage, injury or loss in case of an emergency affecting the safety of persons and property.

6.3.21 Accounting and data processing costs related to the Work.

6.3.22 Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner.

X❑ 6.3.23 Owner and Design-B� Builder agree that a'rrc�crw"r'crFCA nt iR the amount of Dollars ($ ) shaall.l be established prierto Final Completion, FiRal Completion to perform warranty Work. The eSGrE)w agreement will provide that aRy sums Ret E; exhausted, but fURdE; Fe.m.-ain under the GMP, QwRershall be obligated te pay Desigi; Builder the Costs A-f the Work inG6IFFed -;;ftp-.r Final Gempletiei; to pepferm warraRty VVGFk up to the GMP. Design - Builder shall, upon completion of the Contract and prior to filing of the Notice of Completion, post a Maintenance and Warranty Bond in the amount of ten percent of the Contract value, and in a form acceptable to Owner. The Maintenance and Warranty Bond shall remain in full force and effect through the guaranty period of one year.

6.4 Allowance Items and Allowance Values.

6.4.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in the GMP Exhibit or GMP Proposal and are included within the GMP.

6.4.2 Design -Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design -Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design -Builder that the Allowance Item in question can be performed for the Allowance Value.

6.4.3 No work shall be performed on any Allowance Item without Design -Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design -Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design -Builder, Design -Builder may be entitled to an adjustment of the Contract Time(s) and Contract Price.

6.4.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design -Builder's overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract Price, and are not subject to adjustment, regardless of the actual amount of the Allowance Item.

DBIA Document No. 530 Page 11
Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America

4 the a t Fnaz*.Tethe par -ties may want to ^'efefeseEtion R,A,A and add the f

6.4.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Price shall be adjusted accordingly by Change Order, subject to Section 6.4.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design -Builder for the particular Allowance Item and the Allowance Value.

6.5 Non -Reimbursable Costs.

6.5.1 The following shall not be deemed as costs of the Work:

6.5.1.1 Compensation for Design -Builder's personnel stationed at Design -Builder's principal or branch offices, except as provided for in Sections 6.3.1, 6.3.2 and 6.3.3 hereof.

6.5.1.2 Overhead and general expenses, except as provided for in Section 6.3 hereof, or which may be recoverable for changes to the Work.

6.5.1.3 The cost of Design -Builder's capital used in the performance of the Work.

6.5.1.4 If the parties have agreed on a GMP, costs that would cause the GMP, as adjusted in accordance with the Contract Documents, to be exceeded.

6.5.1.5 The cost of travel, accommodations and meals for Design -Builder's personnel..

6.6 The Guaranteed Maximum Price ("GMP").

6.6.1 GMP Established Upon Execution of this Agreement.

6.6.1.1 Design -Builder guarantees that it shall not exceed the GMP two million nine hundred fifty seven thousand sixty two dollars ($2,957,062.00). Documents and exclusions used as a basis for the GMP shall be identified in an exhibit to this Agreement ("GMP Exhibit"). Design -Builder does not guarantee any specific line item provided as part of the GMP, and has the sole discretion to apply payment due to overruns in one line item to savings due to underruns in any other line item. Design -Builder agrees, however, that it will be responsible for paying all costs of completing the Work which exceed the GMP, as adjusted in accordance with the Contract Documents. (141h;ln theGA4Pc.,wh;+ wX h..developed in DBIA Document No. 530 Page 12
Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America

6.6.1.2 The GMP includes a Contingency in the amount of seventy thousand six hundred twenty two dollars and eight cents ($70,622.08) which is available for Design - Builder's exclusive use for unanticipated costs it has incurred that are not the basis for a Change Order under the Contract Documents. By way of example, and not as a limitation, such costs may include: (a) trade buy-out differentials; (b) overtime or acceleration; (c) escalation of materials; (d) correction of defective, damaged or nonconforming Work, design errors or omissions, however caused; (e) Subcontractor defaults; or (f) those events under Section 8.2.2 of the General Conditions of Contract that result in an extension of the Contract Time but do not result in an increase in the Contract Price. The Contingency is not available to Owner for any reason, including, but not limited to changes in scope or any other item which would enable Design -Builder to increase the GMP under the Contract Documents. Design -Builder shall provide Owner notice of all anticipated charges against the Contingency, and shall provide Owner as part of the monthly status report required by Section 2.1.2 of the General Conditions of Contract an accounting of the Contingency, including all reasonably foreseen uses or potential uses of the Contingency in the upcoming three (3) months. Design -Builder agrees that with respect to any expenditure from the Contingency relating to a Subcontractor default or an event for which insurance or bond may provide reimbursement, Design -Builder will in good faith exercise reasonable steps to obtain performance from the Subcontractor and/or recovery from any surety or insurance company. Design -Builder agrees that if Design -Builder is subsequently reimbursed for said costs, then said recovery will be credited back to the Contingency.

DBIA Document No. 530 Page 13
Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America

DBIA Document No. 530 Page 14
Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America

6.6.3 Savings.

6.6.3.1 If the sum of the actual Cost of the Work and Design -Builder's Fee (and, if applicable, any prices established under Section 6.1.2 hereof) is less than the GMP, as such GMP may have been adjusted over the course of the Project, the difference ("Savings") shall be shared as follows:

X❑ twenty-five percent (25%) to Design -Builder and Seventy-five percent (75%) to Owner.
ar
MI
■'
ft
-

6.6.3.2 Savings shall be calculated and paid as part of Final Payment under Section 7.3 hereof, with the understanding that to the extent Design -Builder incurs costs after Final Completion which would have been payable to Design -Builder as a Cost of the Work, the parties shall recalculate the Savings in light of the costs so incurred, and Design -Builder shall be paid by Owner accordingly.

Article 7
Procedure for Payment

7.1 Progress Payments.

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Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America

7.1.1 Design -Builder shall submit to Owner on the twenty-fifth (25th) day of each month, beginning with the first month after the Date of Commencement, Design -Builder's Application for Payment in accordance with Article 6 of the General Conditions of Contract.

7.1.2 Owner shall make payment within tee 40-) thirty (30) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with Article 6 of the General Conditions of Contract, but in each case less the total of payments previously made, and less amounts properly withheld under Section 6.3 of the General Conditions of Contract.

7.1.3 If Design -Builder's Fee under Section 6.2.1 hereof is a fixed amount, the amount of Design - Builder's Fee to be included in Design -Builder's monthly Application for Payment and paid by Owner shall be proportional to the percentage of the Work completed, less payments previously made on account of Design -Builder's Fee.

7.2 Retainage on Progress Payments.

7.2.1 Owner will retain five percent (5%) of each Application for Payment provided, except as may be provided by Public Contract Code Section 9203. h9wever that when fifty n en+ (500 ) of red lninn re+ainane for S ihnnn+ran+nro n nle+inn their work earl. in the PrnleGt [Design -Builder and Owner may want to c-ensideF substituting the feliewing retainage nQWReF Will retain ^eFceR+ 0%\ of the of \�AP/nortL
o
) of the Work
C hrnn+ran+nrQ rmmple+inn their work early in the DrnieGt

7.2.2 GOMPleted pA-.rt*A-.n of the Work, less aR amEmRt equal te� (a) the rease-Ra-ble value of all rema;;*449 Gen+raGt
[if Owner and Design -Builder- have established a warranty reserve pursuant tG Section

6.3.23 above, the f II.,wP.,g pFevisienshould he inc-ludeGl at the t*n;e E)f Substantial GE)mpletIE)R retail; the agreed 6ipE)R ame-l-Ints; -;;Ad- a4A P-,GGPE)w

7.3 Final Payment. Design -Builder shall submit its Final Application for Payment to Owner in accordance with Section 6.7 of the General Conditions of Contract. Owner shall make payment on Design - Builder's properly submitted and accurate Final Application for Payment (including all retained amounts, less any amount the parties may have agreed to set aside for warranty work) within ten (10) sixty days after Owner's receipt of the Final Application for Payment, provided that Design -Builder has satisfied the requirements for final payment set forth in Section 6.7.2 of the General Conditions of Contract Owner shall withhold five percent (5%) of the Contract Price from the final payment until at least thirty-five days after DBIA Document No. 530 Page 16
Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America

recordation of the Notice of Completion, or recordation of a notice of cessation, but not longer than the period permitted by Public Contract Code Section 7107.

7.4 7.5 Record Keeping and Finance Controls. Design -Builder acknowledges that this Agreement is to be administered on an "open book" arrangement relative to Costs of the Work. Design -Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles and as may be provided in the Contract Documents. During the performance of the Work and for a period of three (3) years after Final Payment, Owner and Owner's accountants shall be afforded access to, and the right to audit from time -to -time, upon reasonable notice, Design -Builder's records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the Work, all of which Design -Builder shall preserve for a period of three (3) years after Final Payment.

Such inspection shall take place at Design -Builder's offices during normal business hours unless another location and time is agreed to by the parties. Any multipliers or markups agreed to by the Owner and Design - Builder as part of this Agreement are only subject to audit to confirm that such multiplier or markup has been charged in accordance with this Agreement, with the composition of such multiplier or markup not being subject to audit.

Article 8
Termination for Convenience

8.1 Upon ten (10) days' written notice to Design -Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design -Builder for the following:

8.1.1 All Work executed and for proven loss, cost or expense in connection with the Work;

8.1.2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and

8.1.3 [Choose one of the following.]
X❑ The fair and reasonable sums for overhead and profit on the sum of items 8.1.1 and

8.1.2 above.

8.2 In addition to the amounts set forth in Section 8.1 above, Design -Builder shall be entitled to receive one of the following as applicable:

DBIA Document No. 530 Page 17
Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America

8.2.1 If Owner terminates this Agreement prior to commencement of construction, Design - Builder shall be paid zero percent (0%) of the remaining balance of the Contract Price, provided, however, that if a GMP has not been established, the above percentage shall be applied to the remaining balance of the most recent estimated Contract Price.

8.2.2 If Owner terminates this Agreement after commencement of construction, Design -Builder shall be paid zero percent (0%) of the remaining balance of the Contract Price, provided, however, that if a GMP has not been established, the above percentage shall be applied to the remaining balance of the most recent estimated Contract Price.

Article 9
Representatives of the Parties

9.1 Owner's Representatives.

9.1.1 Owner designates the individual listed below as its Senior Representative ("Owner Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers)
Kellen Freeman
Assistant Engineer
City of Temecula
(951) 240-4234
[email protected]

9.1.2 Owner designates the individual listed below as its Owner's Representative, which individual has the authority and responsibility set forth in Section 3.4 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers) Jason Linsdau
Construction Manager
Dudek
605 Third Street
Encinitas, CA 92024
(760) 942-5147
[email protected]>

9.2 Design -Builder's Representatives.

9.2.1 Design -Builder designates the individual listed below as its Senior Representative ("Design -Builder's Senior Representative"), which individual has the authority and responsibility for DBIA Document No. 530 Page 18
Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America

avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers) Scott Schalliol
President
De La Secura, Inc.
1975 North Batavia Street
Orange, CA 92865
(714) 998-3790
[email protected]

9.2.2 Design -Builder designates the individual listed below as its Design -Builder's Representative, which individual has the authority and responsibility set forth in Section 2.1.1 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers) Article 10
Bonds and Insurance

10.1 Insurance. Design -Builder and Owner shall procure the insurance coverages set forth in the Insurance Exhibit attached hereto and in accordance with Article 5 of the General Conditions of Contract.

10.2 Bonds and Other Performance Security. Design -Builder shall provide the following performance bond and labor and material payment bond or other performance security:

Performance Bond.

X❑ Required ❑ Not Required
Payment Bond.

X❑ Required ❑ Not Required
Other Performance Security.

X❑ Required ❑ Not Required

10.2.1 Design -Builder shall obtain a Payment Bond in an amount equal to one hundred percent (100%) of the Contract Price and a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Price. The Payment Bond shall remain in full force and effect for the period specified in the attached form of bond. The Performance Bond shall remain in full force and effect for as long as Design - Builder has obligations under the Contract Documents, including the period specified in Section 2.10 of the General Conditions. The Bonds must comply with all conditions regarding bonds detailed in this Agreement and the General Conditions.

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Article 11
Other Provisions

11.1 Other provisions, if any, areas follows: (Insert any additional provisions)

11.1.1 This Agreement is entered into pursuant to Division 2, Part 3, Chapter 4 of the Public Contract Code.

11.1.2 Prevailing Wages. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code. As to those services that are "public works", Design - Builder shall comply in all respects with all applicable provisions of the California Labor Code and Title 8 of the California Code of Regulations, including those set forth in Exhibit H hereto.

11.1.3 Skilled and Trained Workforce. Design -Builder and its subcontractors at every tier will use a skilled and trained workforce to perform all Work that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of the Public Contract Code. Design -Builder executed and submitted to Owner an enforceable commitment to use a skilled and trained workforce as part of its submittal to the Request for Qualifications for this Agreement.

11.2 Listing of Exhibits and documents incorporated herein:

Exhibit A
— Owner's Project Criteria
Exhibit B
— GMP Exhibit
Exhibit C
— Schedule for Execution of Work
Exhibit D
— Insurance Exhibit
Exhibit E
— Form of Payment Bond
Exhibit F —
Form of Performance Bond
Exhibit G
— Form of Maintenance and Warranty Bond
Exhibit H
— California Labor Law Requirements
X❑ Any claims, disputes, or controversies between the parties arising out of or related to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth in Section 10.2 of the General Conditions of Contract shall be resolved in a court of competent jurisdiction in the state in which the Project is located.

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Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America

In executing this Agreement, Owner and Design -Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein.

DATED: �o%/w� Design -Builder:

De La Secura, Inc dba (DLS Builders)
1975 N Batavia Steet
Orange, CA 92685
By:

Print or type NAME
Print or type TITLE*
DATED:

ATTEST:

Randi Johl, City Clerk
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney

CITY OF TEMECULA
IN
James Stewart, Mayor
Caution: An original DBIA document has this caution printed in blue. This is a printable copy and an original assures that changes will not be obscured as may occur when documents are reproduced.

DBIA Document No. 530
Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP Page 21 © 2010 Design -Build Institute of America

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Exhibit A
Owners Project Criteria
Owner's Project Criteria includes the following:
- All services and requirements of City of Temecula Request for Proposal (RFP) No. 287 for Ronald Reagan Sports Park Hockey Rink Design Build, PW22-06
- All Addendums issued as part of RFP No 287
All documents, standards, or criteria referenced in, or included with the above documents, the general conditions, and this agreement. This includes, but is not limited to, the Ronald Reagan Sports Park Hockey Rink Schematic Design Guidelines.

Unless specifically modified in this Exhibit A, project shall be delivered per the aforementioned documents. The specific revisions agreed by the Owner and Design -Builder are as follows:

Revision #
Revision
1 Replacement of all dasher boards, kickplate, and cap rail for the entire court.
2 Replacement of chain link fencing on the cap rail that is located along the sides of the court with plexiglass.
3 Deletion of chain link security fence surrounding project site.

Exhibit B
Guaranteed Maximum Price Exhibit

DLS

BUILDERS
011ANC;1=, LALIII .

OWNER:

CITY OF TEMECULA
PROJECT: RONALD REAGAN SPORTS PARK

HOCKEY RINK
ADDRESS:
41000 MAIN STREET
LOCATION: 30875 RANCHO VISTA RD.

TEMECULA, CA 92590
TEMECULA, CA. 92591
PHONE:
(951) 308-6385
RFP 279
CONTACT:

KELLEN FREEMAN
PW22-06 DESIGN BUILD
DATE: 6/6/2024

DESIGN COST PROPOSAL
ITEM NO.

DESCRIPTION
COST
1 Design Development
Included
2 Construction Documents
Included
3 Construction Administration
Included
4 Preconstruction Services
Included
5 Reimbursable
Included
6 Contingency
Included
7 Survey
Included
Subtotal:
$90,909.00
Overhead & Profit, 10%
$9,091.02
TOTAL DESIGN COST:
$100,000.02

CONSTRUCTION COST PROPOSAL
DIV. NO.

TRADE
COST
General Requirements - Temporary Office,Temp. Fence,
$86,100.00
01 Power, Toilets, Equipment rental
Cleaning
$10,684.16
02 Existing Conditions - Demo of existing walkway,
$78,420.00
existing stairs, concrete slab at player and
penalty boxes, removal of dasher boards to
provide ADA modifications as required, removal of
DLS Builders 1975 N. Batavia St., Orange, CA 92865 Tel.: (714) 998-3790

existing bleachers, removal of existing scoreboard and
footing to landscape condition, remove (2) light poles in its entirety (return to owner), on west side of rink
remove light fixtures that face the rink, saw -cut
existing concrete for new utility and footing
installation
03 Concrete - Installation of concrete stairs, new ADA
$188,000.00
compliant ramp from sidewalk to rink area, concrete
maintenance pad to accommodate two 20' conex
boxes, install new concrete for player and penalty
boxes, installation of new ADA viewing platform at
existing concrete bleachers, install required footings
for pre-fab metal building, patchback concrete from
new utility installation
05 Steel - Fabrication and installation of pre-fab
$874,500.00
metal building with roof material made of PBR
26 gauge, using standard color selection, height at eve will be 24'-0", height to bottom of siding on all four
sides to be 12'-0", roofgutters to be installed and collect at downspout locations then sheet flow onto existing
walkways around the hockey rink. Roof structure to
withstand wind load of 97/MPH wind exposure C or
current requirements at time of permitting
Misc. Steel - Fabrication and installation of industry
standard handrail and guardrails at new stairs and
ADA ramp as required
09 Finishes -
Drywall - Open drywall at Skate Park building to
$3,000.00
access existing electrical/plumbing as needed. Patch
drywall, finish to match existing
Paint - Paint walls at Skate Park building from new
$46,500.00
work, paint new metal handrails and guardrails at
ADA ramp and new stairs, paint new pre-fab metal
structure (columns/roof beams/girders/etc..) metal
siding around permeter of building
Flooring - Prep existing hockey rink as required
$155,000.00
prior to installation of new floor tile, install new
12" x 12", Mateflex III or equal, interlocking floor tile throughout the entire hockey rink per RFP, new
permanent game lines are to be marked to accomm-
adate hockey, futsal and another sport T.B.D.
10 Specialties - Provide and install electronic scoreboard $160,000.00
with wireless control and mounted inside of roof
structure. Provide and install (2) sets of ADA compliant DLS Builders 1975 N. Batavia St., Orange, CA 92865 Tel.: (714) 998-3790

bleachers with (2) 18" wheelchair companion seats
with ramp and stairs. Provide and install new dasher
board facing and kick plates at required ADA mod-
ifications at player boxes, scorekeeping box, penalty
boxes and any other entrances to the rink per RFP.

Remove existing rink shielding at both ends of hockey
rink, install new Acrylite RinkShield or approved equal in same location using existing channel framing at both ends of hockey rink. Provide and install cap rails at
dasher boards as needed where ADA modifications are
required
11 Equipment - Provide heavy equipment for transport
$251,000.00
of structural steel from parking lot to designated
location at rink site, provide scissor lifts for required high work, provide crane for lifting and placing of
structural steel (columns/roof beams/girders/etc..)
15 Landscaping - Repair grass areas as required from
$15,000.00
new underground electrical and plumbing installation
from Skate Park building to hockey rink. Trimming of
existing trees not included in proposal
22 Plumbing - Install Most Dependable Model 2440 SMSS
$15,000.00
w/optional bottle filler drinking fountain, provide
trenching for new water line from Skate Park building to new drinking fountain location at northeast corner of
Hockey rink walkway, drinking fountain to be installed
with drywell in lieu of new waste line installation
26 Electrical - Power figured to come from existing panel $130,000.00
at Skate Park building. Provide power for new
electronic scoreboard, provide and install LED lighting suspended from roof structure with a rendition of
3,000 Kelvin or below, provide and install security
lighting on exterior of structure, provide and install
circulating fans at both gable ends of the roof structure, provide conduit throughout structure for new commun-
ication systems, cameras, power, and speakers. Provide
trenching for new electrical from Skate Park building
hockey rink structure
32 Fencing - Provide and install 8'-0" high black chain link $65,000.00
fencing around perimeter of hockey rink area. Fencing
to tie into existing fencing around skate park
Subtotal:
$2,078,204.16
US Builders 1975 N. Batavia St., Orange, CA 92865 Tel.: (714) 998-3790

Supervision
$120,000.00
Project Management
$31,173.06
Insurance & Builder Risk
$31,173.06
Contractor Fees
$93,519.19
General Construction Cost:
$275,865.31
Contingency, 3%
$70,622.08
Overhead&Profit,10%
$235,406.95
Subtotal Project Proposal:
$2,660,098.50
Bond
$39,901.48
TOTAL CONSTRUCTION COST:
$2,699,999.98
TOTAL DESIGN COST:
$100,000.02
COST FOR DESIGN & CONSTRUCTION:
$2,800,000.00

CITY REQUESTED CHANGES
A
Removing of Perimeter Fencing (DEDUCT)
-$65,000.00
B
Replace all of the dasher board facing (1/2"), kickplates (1/2"), and cap rail (3/4") around the
entire rink, not just the ADA modifications. (ADD)
$114,114.00
C
Replace the chain link fencing that is on top of the
dasher boards along the sides of the rink. with the same plexiglass that is being replaced around the
corners/end. (ADD)
$107,948.00
TOTAL OF REQUESTED CHANGES:
$157,062.00

COST FOR DESIGN & CONSTRUCTION
INCLUDING REQUESTED CHANGES:
$2,957,062.00
DLS Builders 1975 N. Batavia St., Orange, CA 92865 Tel.: (714) 998-3790

Bid Qualifications
City of Temecula - RR Sports Park Hockey Rink Bid Qualifications:
1) Existing Power panels at Adjacent restroom Building has enough power and the correct voltage for the Hockey Rink remodel.
2) Existing water source at the Adjacent restroom Building has enough water flow and pressure for a new drinking fountain located within the hockey rink footprint. 3) New Drinking fountain sewer accommodation will be made via a drywell. 4) Rainwater collected by the new Hockey rink roof will be brought down to the existing ground level via gutters and downspouts and then allowed to sheet flow as the existing hockey rink drains currently. No new WQMP's are included in this proposal. 5) The new Security fence to enclose the hockey rink will match the existing Skate park security fencing as close as possible.
6) We assume that the existing Hockey Rink surface and levelness will stay as is and the new tile system will be installed over this surface. 7) Hockey rink is based on 300 occupancy load.
8) New Hockey Rink tiles will be installed up to the dasher boards, not under them. 9) Dasher board replacement is figured only at (9) doors leading in & out of rink. 10) Other than areas clearly identified in the RFP as needing to be ADA complaint: Entry ramp, ADA seating, and rink accesses, all other existings conditions figured to remain as is. 11) Compensable delay to be charged $1000 a day, for delays caused by the City or it's agents. 12) Existing netting to remain and be reused.
13) This proposal includes striping for two sports, hockey and futsal. 14) Steel pricing is based on the purchase of the structure on or before July 15, 2024.

After this date, there will be 10% cost increase dur to elevated steel cost. 15) No underlayment to be installed over existing hockey surface. 16) Excludes fire protection in our proposal.
17) All new perimeter gates figured to be installed with hasp and locks. 18) Removal and replacement of existing Conex boxes by others.

Thank you, for the opportunity to bid this project.
�'ceit'Sco&&�"e
Scott Schalliol
President
US Builders 1975 N. Batavia St., Orange, CA 92865 Tel.: (714) 998-3790

Exhibit C
Schedule for Execution of Work

ID
p
V
Task
Mode
Task Name
Duration
Start
Finish
January
Jan
February
Feb
March
Mar
April
Apr
May
May
June
Jun
July
Jul
August
Au
September
Se
October
Oct
November
Nov
December
Dec
January
Jan
February
Feb
March
Mar
April
Apr
May
May
June
Jun
July
Jul
August
Au
1 Wo
W4
W4
W4
W4
W4
Temecula RRSPHR RE -BID 1 1344 days
Bid Submission 1 day
City Review 5 days
Interview 5 days
City Selection 5 days
City Council Approval 1 day
Contract 12 days
Kick Off 1 day
Design 86 days
DD Submission 28 days
City review 10 days
D Submission 28 days
City Review 10 days
Building Permit Approval 10 days
Construction 172 days
Temp fencing 5 days
Utilitiy Investigation 5 days
Survey 5 days
City removal of 5 days
equipment (cameras.

Conex, etc)
Demo Bleachers 3 days
Removal of boards for 3 days
access and conc. Pad
demo
Rough in electrical to 10 days
site
Rough in water to site 7 days
for DF
Sawcut, break, & 7 days
remove for footings
Excavation of footings 15 days
Rebar placement / 5 days
templates
Concrete pour at 3 days
footings
Steel structure install 21 days
Roofing system install 22 days
Rough for lights / City 7 days
Cameras
Rough in for fans 7 days
Rough in for scoreboard 7 days
Install Electrical finish in 10 days
roof structure
Install new Bleachers 5 days
Install new Dasher 18 days
boards and glass
Install Drinking Fountain 5 days
Furnish and install 10 days
perimeter fencing to tie
into Skate Park
Install new court tiles / 19 days
finish
Furnish and install new 17 days
Concrete ramp from
parking lot to court
City OFOI items 10 days
Testing of systems 10 days
Landscape repairs 12 days
Punchlist 10 days
Final City Inpsections 10 days
CO 1 day
Removal of temp fence 5 days
IN 3/29/24 Wed 7/23/25
Fri 3/29/24 Fri 3/29/24
Mon 4/1/24 Fri 4/5/24
Mon 4/8/24 Fri 4/12/24
Mon 4/15/24 Fri 4/19/24
Tue 7/9/24 Tue 7/9/24
Wed 7/10/24 Thu 7/25/24
Fri 7/26/24 Fri 7/26/24
Mon 7/29/24 Mon 11/25/24
Mon 7/29/24 Wed 9/4/24
Thu 9/5/24 Wed 9/18/24
Thu 9/19/24 Mon 10/28/24
Tue 10/29/24 Mon 11/11/24
Tue 11/12/24 Mon 11/25/24
Tue 11/26/24 Wed 7/23/25
Tue 11/26/24 Mon 12/2/24
Tue 12/3/24 Mon 12/9/24
Tue 12/10/24 Mon 12/16/24
Tue 12/10/24 Mon 12/16/24
Tue 12/10/24 Thu 12/12/24
Tue 12/17/24 Thu 12/19/24
Tue 12/17/24 Mon 12/30/24
Tue 12/17/24 Wed 12/25/24
Tue 12/17/24 Wed 12/25/24
Thu 12/26/24 Wed 1/15/25
Thu 1/16/25 Wed 1/22/25
Thu 1/23/25 Mon 1/27/25
Tue 1/28/25 Tue 2/25/25
Wed 2/26/25 Thu 3/27/25
Fri 3/28/25 Mon 4/7/25
Fri 3/28/25 Mon 4/7/25
Fri 3/28/25 Mon 4/7/25
Tue 4/8/25 Mon 4/21/25
Fri 3/28/25 Thu 4/3/25
Fri 3/28/25 Tue 4/22/25
Thu 12/26/24 Wed 1/1/25
Wed 4/23/25 Tue 5/6/25
Wed 4/23/25 Mon 5/19/25
Fri 3/28/25 Mon 4/21/25
Tue 5/20/25 Mon 6/2/25
Tue 6/3/25 Mon 6/16/25
Wed 5/7/25 Thu 5/22/25
Tue 6/17/25 Mon 6/30/25
Tue 7/1/25 Mon 7/14/25
Tue 7/15/25 Tue 7/15/25
Wed 7/16/25 Tue 7/22/25
2 3
4 S
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
:W Final Move out 1 day lWed 7/23/25 Wed 7/23/25
Project: Preliminary schedule Re
Date: Tue 6/4/24
Task Summary ii Inactive Milestone O Duration -only Start -only C External Milestone ♦ Manual Progress Split ................ Project Summary Inactive Summary I 0 Manual Summary Rollup Finish -only 3 Deadline i Milestone ♦ Inactive Task Manual Task Manual Summary External Tasks Progress

Page 1 ends

Temecula City CouncilJuly 9, 2024

Temecula City Council
July 9, 2024