Docusign Envelope ID: CO2CBEBF-92E4-8159-819B-6CFAE3CD0986 Local Assistance Procedures Manual
City of Temecula _ On -Call Public Works Professional Services Consultant: CHA Consulting, Inc. 17 Prime ❑ Subconsultant Project No. RFP NO. 311 Contract No. TBD Participation Amount $ Date: June 22, 2026 SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary)
DESCRIPTION OF ITEMS
QUANTITY
UNIT
UNIT COST
TOTAL
Mileage Costs
$0.00
$0.00
Equipment Rental and Supplies
Permit Fees
Plans
Vehicle
Subconsultant 1:
LSA Associates
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
Subconsultant 5:
Subconsultant 6:
Subconsultant 7:
Subconsultant 8:
Subconsultant 9:
Subconsultant 10:
Exhibit 10-H2
Cost Proposal
Docusign Envelope ID: CO2CBEBF-92E4-8159-819B-6CFAE3CD0986 Local Assistance Procedures Manual
EXHIBIT 10-1-12 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
7. Generally Accepted Accounting Principles (GAAP)
8. Terms and conditions of the contract
9. Title 23 United States Code Section 112 - Letting of Contracts
10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and follow applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Prime Consultant or Subconsultant Certifying:
Name: Wael Faqih, PE
Signature:
Title*: Business Development Leader
Date of Certification (mm/dd/yy): June 22, 2026
Email: [email protected] Phone Number (951) 264-2350 Address: 41785 Enterprise Circle South, Suite A I Temecula, CA 92590 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
Project Management Services
Exhibit 10-1-12
Cost Proposal
Docusign Envelope ID: CO2CBEBF-92E4-8159-819B-6CFAE3CD0986 City of Temecula _ On -Call Public Works Professional Services Sub Consultant: LSA Associates, Inc.
Project No. RFP NO. 311 Contract No. TBD
BILLING INFORMATION
Name/Job Title/Classification
Hourly Billing Rates
Straight Overtime
(1.5x)
Overtime
(2x)
PRINCIPAL
$346.03
N/A (Straight)
N/A (Straight)
Environmental Planning
Exempt
ASSOCIATE
$257.84
N/A (Straight)
N/A (Straight)
Environmental Planning
Exempt
SENIOR
$193.44
N/A (Straight)
N/A (Straight)
Environmental Planning
Exempt
STAFF
$139.56
N/A (Straight)
N/A (Straight)
Environmental Planning
Exempt
ASSISTANT
$111.35
$167.03
$222.71
Environmental Planning
Non -Exempt
PRINCIPAL
$328.94
N/A (Straight)
N/A (Straight)
Natural Resources
Exempt
Docusign Envelope ID: CO2CBEBF-92E4-8159-819B-6CFAE3CD0986
ASSOCIATE
$231.08
N/A (Straight)
N/A (Straight)
Natural Resources
Exempt
SENIOR
$187.83
N/A (Straight)
N/A (Straight)
Natural Resouces
Exempt
STAFF
$140.76
N/A (Straight)
N/A (Straight)
Natural Resources
Exempt
ASSISTANT
$116.79
$175.19
$233.58
Natural Resources
Non -Exempt
PRINCIPAL
$311.25
N/A (Straight)
N/A (Straight)
Mobility
Exempt
SENIOR
$249.19
N/A (Straight)
N/A (Straight)
Mobility
Exempt
STAFF
$162.02
N/A (Straight)
N/A (Straight)
Mobility
Exempt
ASSISTANT
$134.94
$202.41
$269.88
Mobility
Non -Exempt
PRINCIPAL
$312.98
N/A (Straight)
N/A (Straight)
Cultural and Paleontological Resources
Exempt
Docusign Envelope ID: CO2CBEBF-92E4-8159-819B-6CFAE3CD0986
ASSOCIATE
$191.78
N/A (Straight)
N/A (Straight)
Cultural and Paleontological Resources
Exempt
SENIOR
$185.60
N/A (Straight)
N/A (Straight)
Cultural and Paleontological Resources
Exempt
STAFF
$154.25
N/A (Straight)
N/A (Straight)
Cultural and Paleontological resources
Exempt
FIELD CREW
$101.47
$152.20
$202.94
Cultural and Paleontological resources
Non -Exempt
PRINCIPAL
$294.66
N/A (Straight)
N/A (Straight)
Noise
Exempt
ASSOCIATE
$210.85
N/A (Straight)
N/A (Straight)
Noise
Exempt
STAFF
$143.38
N/A (Straight)
N/A (Straight)
Noise
Exempt
PRINCIPAL
$294.66
N/A (Straight)
N/A (Straight)
Air Quality
Exempt
SENIOR
$186.70
N/A (Straight)
N/A (Straight)
Air Quality
Exempt
Docusign Envelope ID: CO2CBEBF-92E4-8159-819B-6CFAE3CD0986 STAFF
$197.92
N/A (Straight)
N/A (Straight)
Air Quality
Exempt
DIRECTOR
$247.46
N/A (Straight)
N/A (Straight)
Geographic Information Systems
Exempt
ASSOCIATE
$184.19
N/A (Straight)
N/A (Straight)
Geographic Information Systems
Exempt
SENIOR
$179.18
N/A (Straight)
N/A (Straight)
Geographic Information Systems
Exempt
STAFF
$131.55
N/A (Straight)
N/A (Straight)
Geographic Information Systems
Exempt
ASSISTANT
$111.35
$167.03
$222.71
Geographic Information Systems
Non -Exempt
OFFICE ASSISTANT
$131.69
$197.53
$263.38
Non -Exempt
DOCUMENT MANAGEMENT
$152.94
$229.42
$305.89
Non -Exempt
i
i
i
Note: Rates are subject to escalation based on the CPI each year, per the contract.
Docusign Envelope ID: CO2CBEBF-92E4-8159-819B-6CFAE3CD0986 Local Assistance Procedures Manual
Exhibit 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 1 of 3
SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
City of Temecula _ On -Call Public Works Professional Services Consultant: LSA Associates, Inc. ❑ Prime N Subconsultant ❑ 2nd Tier Subconsultant ProjectNo. RFP N0. 311 Contract No. TBD Participation Amount $ Date: March 5, 2026 SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary)
DESCRIPTION OF ITEMS
QUANTITY
UNIT
UNIT COST
TOTAL
Lodging
0 Nights
$0.00
$0.00
Meals
0 Cost
$0.00
$0.00
Records Search
0 Cost
$0.00
$0.00
Reproduction 8.5 x 11 B/W
0 Per Page
$0.07
$0.00
Reproduction 8.5 x 11 Color
0 Per Page
$0.40
$0.00
Reproduction 11 x 17 B/W
0 Per Page
$0.10
$0.00
Reproduction 11 x 17 Color
0 Per Page
$0.75
$0.00
CD Production
0 Per CD
$5.00
$0.00
USB Flash Drive
0 Per Drive
$5.00
$0.00
Plotting
0 Per Sq Ft
$3.75
$0.00
Aerial Drone
0 Days
$200.00
$0.00
Mileage on -road 2025
0 Miles
Current IRS Rate
$0.00
Milea a off -road 2025
0 Miles
Current IRS Rate
$0.00
GPS Unit
0 Days
$75.00
$0.00
Total Station Surveying Equipment
0 Days
$50.00
$0.00
Level Laser of Optical)
0 Days
$25.00
$0.00
Laser Rangefinder
0 Days
$25.00
$0.00
Sound Meter
0 Days
$75.00
$0.00
Sound Meter wNelocity Transducer
0 Days
$85.00
$0.00
Aerial Photo
0 Cost
$0.00
$0.00
Boat Rental
0 Cost
$0.00
$0.00
Water Quality Meter
0 Days
$25.00
$0.00
PostaqelDelivery
0 Cost
$0.00
$0.00
Night Vision Goggles
0 Nights
$50.00
$0.00
Fossil Locality Search
0 Cost
$0.00
$0.00
Tolls
0 Cost
$0.00
$0.00
Wildlife Camera 0 Days $25.00
Subconsultant 1:
$0.00
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
Subconsultant 5:
NOTES:
1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.
2. Proposed ODC items should be consistently billed regardless of client and contract type.
3. hems, when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.
4. hems such as special tooling will be reimbursed at actual cost with supporting documentation (invoice).
5. The items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.
6. Travel related costs should be preapproved by the contracting agency and shall not exceed the cunent State Department of Personnel Administration rules.
7. If mileage is claimed, the rate should be properly supported by the consultarrt's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs.
8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose.
9. The cost proposal format shall not be amended. All costs must comply with Federal cost principles.
10. Add additional pages 9 necessary.
11. Subconsultants must provide their own cost proposals.
Docusign Envelope ID: CO2CBEBF-92E4-8159-819B-6CFAE3CD0986 Local Assistance Procedures Manual
EXHIBIT 10-1-12 COST PROPOSAL Page 3 of 3
Exhibit 10-1-12
Cost Proposal
Certification of Direct Costs:
I, the undersigned, certify to the best of my knovrledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
7. Generally Accepted Accounting Principles (GAAP)
8. Terms and conditions of the contract
9. Title 23 United States Code Section 112 - Letting of Contracts
10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and follow applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Prime Consultant or Subconsultant Certifving:
Name: Amy Fischer Title`: Chief Executive Officer
Signature: Date of Certification (mm/dd/yy):03/05/2026
Email: amy.fischer(rDlsa.net Phone Number (949) 553-0666 Address: 3210 El Camino Real Suite 100 Irvine CA 92602
*An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
LSA will he providing environmental planning and permitting under the proposed mntma.
Docusign Envelope ID: 6310C5AE-2311-8366-8023-75CDAEDCC4F4
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND HARRIS & ASSOCIATES, INC.
ON -CALL PUBLIC WORKS PROFESSIONAL SERVICES
THIS AGREEMENT is made and effective as of July 28, 2026, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Harris & Associates, Inc. a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
This Agreement shall commence on July 28, 2026 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2031, unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for (3) three additional (1) one year terms. In no event shall the contract be extended beyond June 30, 2034.
At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and payment schedule based on the annual percentage change of the Consumer Price Index (CPI) for All Urban Consumers for the Riverside —San Bernardino —Ontario Core Based Statis-tical Area, using the most recently published month. Any such adjustment shall not exceed 4 per -cent and must be approved by the Director of the Public Works Department.
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) for the total term of this agreement unless additional payment is approved as provided in this Agreement. 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 . 01 /01 /2026
Docusign Envelope ID: 6310C5AE-2311-8366-8023-75CDAEDCC4F4 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.
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
A. Consultant acknowledges and agrees that the specific services and tasks described in Section 2 of this Agreement include a wide range of public works and infrastructure - related assignments, including program management, project management, construction management, inspection (e.g., compliance, subsurface investigation, and testing), utility coordination, grant compliance, schedule and budget management, constructability review, field coordination, and construction support services (e.g., claim analysis). Most of these services and tasks require that Consultant's employees and subcontractors be paid prevailing wages pursuant to Part 7. Public Works And Public Agencies, of Division 2, Employment Regulation And Supervision, of the California Labor Code commencing at Labor Code Section 1720 ("Prevailing Wage Law"). At such time as the City issues a Task Order to Consultant pursuant to Section 2 of this Agreement, Consultant shall comply with this Section and the Prevailing Wage Law as to each employee and subcontract that will be subject to the Prevailing Wage Law for such Task Order.
B. 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 the work 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 . Consultant 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 to the extent required by law. 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 such person or by any subcontractor under such person, in violation of the provisions of the Agreement. The Task Orders for a project, work, or service issued by the City pursuant to this Agreement will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.
C. 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 of Consultant must be registered with the Department of Industrial Relations to be qualified to bid, or provide a 01 /01 /2026
Docusign Envelope ID: 6310C5AE-2311-8366-8023-75CDAEDCC4F4 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 its 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
6. [INTENTIONALLY DELETEDI
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, 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 01 /01 /2026
Docusign Envelope ID: 6310C5AE-2311-8366-8023-75CDAEDCC4F4 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
A. Indemnity for Professional Services. In connection with its professional services, Consultant shall hold harmless and indemnify City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers (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 arising out of the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or their professional services under this Agreement, except for such Claims arising from the negligence or willful misconduct of the Indemnities, as determined by final arbitration or court decision or by the agreement of the parties. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as provided in California Civil Code 2782.8.
B. Other Indemnities. In connection with any and all Claims not covered by subsection A. of this section. above, and arising out of Consultant's physical activities and operations in connection with its performance of this Agreement other than its performance of professional services, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims, including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractor, or agents in their physical activities and operations in the performance of this Agreement, except for such Claims arising from the negligence or willful misconduct of the Indemnities, as determined by final arbitration or court decision or by the agreement of the parties.
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.
01 /01 /2026
Docusign Envelope ID: 6310C5AE-2311-8366-8023-75CDAEDCC4F4 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, Consultant 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, Consultant 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. 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 Consultant. 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 01 /01 /2026
Docusign Envelope ID: 6310C5AE-2311-8366-8023-75CDAEDCC4F4 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 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 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 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.
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. 01 /01 /2026
Docusign Envelope ID: 6310C5AE-2311-8366-8023-75CDAEDCC4F4 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.
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.
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
01 /01 /2026
Docusign Envelope ID: 6310C5AE-2311-8366-8023-75CDAEDCC4F4 41000 Main Street
Temecula, CA 92590
To Consultant: Harris & Associates, Inc.
Attn: Mark Nassar
2375 Northside Drive, Suite 125
San Diego, CA 92108
16. ASSIGNMENT; CONSULTANT WORK WITH ITS EMPLOYEES;
SUBCONTRACTS
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. Consultant shall perform all work under this agreement with its own employees unless City Manager approves in writing a subcontractor prior to start of subcontractor's work. Consultant shall not retain independent contractors to perform work for it under this Agreement. 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.
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.
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, 01 /01 /2026
Docusign Envelope ID: 6310C5AE-2311-8366-8023-75CDAEDCC4F4 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. 01 /01 /2026
Docusign Envelope ID: 6310C5AE-2311-8366-8023-75CDAEDCC4F4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA
By
Jessica Alexander, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By:
Signed by:
�dv lit.. 'j�hmw
_ C343357EB2E34B5...
Peter M. Thorson, City Attorney
HARRIS & ASSOCIATES, INC.
By:
DocuSigned by:
M a vl� Nmsar
D150F1A134F4470...
Mark Nassar, Vice President
Signed by:
By:
U 800D8595A3D3403...
Ehab Gerges, Executive Vice President
CONSULTANT
Harris & Associates, Inc.
Attn: Mark Nassar
2375 Northside Drive, Suite 125
San Diego, CA 92108
619-200-6442
[email protected]
Risk Mgmt.
10 01 /01 /2026
Docusign Envelope ID: 6310C5AE-2311-8366-8023-75CDAEDCC4F4
EXHIBIT A
Tasks to be Performed
The specific elements of this service include a wide range of public works and infrastructure - related assignments, including program management, project management, construction management, inspection (e.g., compliance, subsurface investigation, and testing), utility coordination, grant compliance, schedule and budget management, constructability review, field coordination, and construction support services (e.g., claim analysis).
When a project -specific need arises, City staff will prepare a scope of work and request a proposal from one or more of the selected consultants. Upon approval of the scope and fee, funding for the work will be allocated from the approved CIP project budget or applicable operating budget supporting the project.
The City generally intends to assign work tasks and project opportunities on a rotational basis among the selected on -call consultants. The rotation process gives everyone a fair chance to participate while allowing the City to consider factors such as consultant expertise, specialized experience, current workload, project schedule, responsiveness, past performance, and the specific needs or complexities of a project. Accordingly, the City reserves the discretion to assign work outside of the rotation when it determines that a particular consultant's qualifications or experience are better suited for a specific assignment or when project needs otherwise warrant.
Unless specified otherwise for each Task Order, the general roles and responsibilities are as follows:
City POC (Principal
Holds final accountability on all tasks. Sets direction, approves CE/Assistant Director)
deliverables, authorizes expenditures, and serves as the City's single point of authority throughout the project lifecycle.
Performs day-to-day project management work under City PM Consultant PM
direction: manages subconsultants and contractors, prepares reports and documents, tracks schedule and budget, and
coordinates with agencies and stakeholders.
City Management
Provides executive oversight, approves change orders and (Director)
scope changes beyond the City POC's authority, and receives escalations on risk and policy matters.
Finance / Sr
Responsible for grant reimbursements and funding agency Management Analyst
compliance; consulted on budget tracking and invoice
processing, and RoW acquisition.
In short, the Consultant will typically manage day-to-day project tasks, allowing City staff to focus on policy, accountability, and stakeholder engagement.
All deliverables, correspondence, and project records are filed in the Consultant's document management system and VPM (unless another platform is cleared for use) and remain City property upon contract closeout.
All tasks to be performed as described in the proposal and presentations provided during the procurement process, which are attached to and included as part of this agreement. 11 01 /01 /2026
Docusign Envelope ID: 6310C5AE-2311-8366-8023-75CDAEDCC4F4
EXHIBIT B
Payment Rates and Schedule
Cost for services shall be based on the Consultant's proposed rate schedules attached hereto and incorporated herein by reference as though fully set forth.
A. Under no circumstances shall the total cost of services exceed $1,000,000.00 for the entire term of the Agreement unless additional compensation is approved in accordance with the Payment section of this Agreement.
B. The Consultant shall promptly notify the City in writing of any potential cost overruns.
Cost overruns include, but are not limited to the following: (1) where anticipated costs to be incurred in the next sixty calendar days, when added to all costs previously incurred, will exceed 80 percent of the maximum compensation for this Agreement; or (2) where the total cost for performance of the Scope of Services (Exhibit A) appears that it may be greater than the maximum compensation for this Agreement.
C. The Consultant shall not be entitled to other fees or expenses that exceed the amounts specified in the Payment Rates and Schedule unless authorized in advance by the City.
D. The Consultant shall be reimbursed for authorized Other Direct Costs incurred in performance of the Services at actual cost without markup, unless otherwise approved in writing by the City. Reimbursable expenses shall be supported by invoices, receipts, mileage logs, or other documentation acceptable to the City. Acceptable expense category examples include mileage, travel, printing/reproduction, shipping/courier, permits/fees/testing costs, and project -specific materials/supplies.
E. The Consultant shall be reimbursed for actual costs of authorized Subconsultants, including overtime costs when such overtime is required by applicable law, regulation, or collective bargaining agreement, and when properly incurred in the performance of the Services . No markup allowed on the subconsultants expenses.
F. Labor overtime is authorized when required by law
G. Beginning with the fiscal year following the first anniversary of the contract award, the Consultant may request an adjustment to the payment rates and payment schedule at the start of each fiscal year based on the annual percentage change 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 index. Any requested adjustment shall not exceed four percent (4%) and shall be subject to the City's prior written approval.
12 01 /01 /2026
Docusign Envelope ID: 6310C5AE-2311-8366-8023-75CDAEDCC4F4 Harris & Associates
Principal -in -Charge I
II
Ehab Gerges 1
Hourly Rate
$375.00
Contract/Project Manager
Mark Nassar
$360.00
TASK PROJECT MANAGEMENT
Senior Project Manager
Jason Caprio
$356.00
Senior Project Manager
Mahmoud Akhavain
$305.00
Senior Project Manager
Jason Felipe
$301.00
Senior Project Manager
Jennifer Scott
$290.00
Senior Project Manager
Elizabeth Reyes
$269.00
Senior Project Manager
Randall Bliss
$253.00
Project Manager
Stephanie Tanverakul
$244.00
Project Manager
Marc Gallardo
$243.00
Project Manager Jean -Luc Delbecq $215.00
Project Manager Brianna Eremita $211.00
Project Manager Christian Mercado $184.00
TASK CONSTRUCTION MANAGEMENT
Senior Construction Manager Steve Lindsay $279.00
Senior Construction Manager
Scott Giannini
$244.00
Senior Construction Manager
Prince Dumaran
$240.00
Construction Manager
Adam Vandervort
$229.00
Construction Manager
Juan Valencia
$217.00
ADMIN & LABOR COMPLIANCE
Admin Support/Document Control
Tracy Bradford
$195.00
Labor Compliance
Heather Ricci
$129.00
ENVIRONMENTAL SUPPORT
Environmental & Permitting
Ryan Binns
$375.00
Environmental & Permitting
Janelle Firoozi
$246.00
PROJECT CONTROLS
Project Controls & Risk Management
Heather Camara
$211.00
GRANT & FUND MANAGEMENT
Grant Management
Christy Cooper
$279.00
Fund Management
Donna Segura
Lynn Kelly
$307.00
Fund Management
$224.00
GIS SUPPORT
GIS Specialist
Randy Deodat
$162.00
TECHNICAL EDITING
Technical Editor
Lindsey Messner
$166.00
Harris&Associates, Inc. ■ 1
Docusign Envelope ID: CFF9BB8A-5EB5-8E5A-83A0-9AADCD19458B
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND KLEINFELDER CONSTRUCTION SERVICES, INC.
ON -CALL PUBLIC WORKS PROFESSIONAL SERVICES
THIS AGREEMENT is made and effective as of July 28, 2026, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Kleinfelder Construction Services, Inc. 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 28, 2026, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2031, unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for (3) three additional (1) one year terms. In no event shall the contract be extended beyond June 30, 2034.
At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and payment schedule based on the annual percentage change of the Consumer Price Index (CPI) for All Urban Consumers for the Riverside —San Bernardino —Ontario Core Based Statis-tical Area, using the most recently published month. Any such adjustment shall not exceed 4 percent and must be approved by the Director of the Public Works Department.
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) for the total term of this agreement unless additional payment is approved as provided in this Agreement. 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, 01 /01 /2026
Docusign Envelope ID: CFF9BB8A-5EB5-8E5A-83A0-9AADCD19458B 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.
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
A. Consultant acknowledges and agrees that the specific services and tasks described in Section 2 of this Agreement include a wide range of public works and infrastructure - related assignments, including program management, project management, construction management, inspection (e.g., compliance, subsurface investigation, and testing), utility coordination, grant compliance, schedule and budget management, constructability review, field coordination, and construction support services (e.g., claim analysis). Most of these services and tasks require that Consultant's employees and subcontractors be paid prevailing wages pursuant to Part 7. Public Works And Public Agencies, of Division 2, Employment Regulation And Supervision, of the California Labor Code commencing at Labor Code Section 1720 ("Prevailing Wage Law"). At such time as the City issues a Task Order to Consultant pursuant to Section 2 of this Agreement, Consultant shall comply with this Section and the Prevailing Wage Law as to each employee and subcontract that will be subject to the Prevailing Wage Law for such Task Order.
B. 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 the work 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 . Consultant 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 to the extent required by law. 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 such person or by any subcontractor under such person, in violation of the provisions of the Agreement. The Task Orders for a project, work, or service issued by the City pursuant to this Agreement will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.
C. 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 of Consultant must be registered with the Department of Industrial Relations to be qualified to bid, or provide 01 /01 /2026
Docusign Envelope ID: CFF9BB8A-5EB5-8E5A-83A0-9AADCD19458B 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 its 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 httD:// www.dir.ca.aov/Public-Works/PublicWorks.html
6. [INTENTIONALLY DELETED]
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, 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 01 /01 /2026
Docusign Envelope ID: CFF9BB8A-5EB5-8E5A-83A0-9AADCD19458B 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
A. Indemnity for Professional Services. In connection with its professional services, Consultant shall hold harmless and indemnify City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers (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 arising out of the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or their professional services under this Agreement, except for such Claims arising from the negligence or willful misconduct of the Indemnities, as determined by final arbitration or court decision or by the agreement of the parties. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as provided in California Civil Code 2782.8.
B. Other Indemnities. In connection with any and all Claims not covered by subsection A. of this section. above, and arising out of Consultant's physical activities and operations in connection with its performance of this Agreement other than its performance of professional services, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims, including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractor, or agents in their physical activities and operations in the performance of this Agreement, except for such Claims arising from the negligence or willful misconduct of the Indemnities, as determined by final arbitration or court decision or by the agreement of the parties.
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:
01 /01 /2026
Docusign Envelope ID: CFF9BB8A-5EB5-8E5A-83A0-9AADCD19458B 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, Consultant 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, Consultant 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. 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 Consultant. 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, 01 /01 /2026
Docusign Envelope ID: CFF9BB8A-5EB5-8E5A-83A0-9AADCD19458B 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 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 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 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.
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.
01 /01 /2026
Docusign Envelope ID: CFF9BB8A-5EB5-8E5A-83A0-9AADCD19458B 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.
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.
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
01 /01 /2026
Docusign Envelope ID: CFF9BB8A-5EB5-8E5A-83A0-9AADCD19458B To Consultant: Kleinfelder Construction Services, Inc.
Greg Gomez, Project Manager
5761 Copley Drive, Suite 100
San Diego, CA 92111
16. ASSIGNMENT; CONSULTANT WORK WITH ITS EMPLOYEES;
SUBCONTRACTS
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. Consultant shall perform all work under this agreement with its own employees unless City Manager approves in writing a subcontractor prior to start of subcontractor's work. Consultant shall not retain independent contractors to perform work for it under this Agreement. 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.
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.
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 01 /01 /2026
Docusign Envelope ID: CFF9BB8A-5EB5-8E5A-83A0-9AADCD19458B 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. 01 /01 /2026
Docusign Envelope ID: CFF9BB8A-5EB5-8E5A-83A0-9AADCD19458B IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA
By
Jessica Alexander, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By
Signed by:
Ottv lit.. 'j'fAhnbt&
_ C343357EB2E34B5...
Peter M. Thorson, City Attorney
KLEINFELDER CONSTRUCTION SERVICES,
INC.
DocuSigned by:
By: E
G a riff r
t
8184C6628FAF452...
Richard Fitterer,
Manager
By:
DocuSigned by:
i�' Dios
752564FE27EA4E3...
Vice President/ Area
Jennifer Rios, Assistant Secretary
CONSULTANT
Kleinfelder Construction Services, Inc.
Greg Gomez, Project Manager
5761 Copley Drive, Suite 100
San Diego, CA 92111
858-223-8468
sgomez(-klei nfelder.com
Risk Mgmt.
10 01 /01 /2026
Docusign Envelope ID: CFF9BB8A-5EB5-8E5A-83A0-9AADCD19458B
EXHIBIT A
Tasks to be Performed
The specific elements of this service include a wide range of public works and infrastructure - related assignments, including program management, project management, construction management, inspection (e.g., compliance, subsurface investigation, and testing), utility coordination, grant compliance, schedule and budget management, constructability review, field coordination, and construction support services (e.g., claim analysis).
When a project -specific need arises, City staff will prepare a scope of work and request a proposal from one or more of the selected consultants. Upon approval of the scope and fee, funding for the work will be allocated from the approved CIP project budget or applicable operating budget supporting the project.
The City generally intends to assign work tasks and project opportunities on a rotational basis among the selected on -call consultants. The rotation process gives everyone a fair chance to participate while allowing the City to consider factors such as consultant expertise, specialized experience, current workload, project schedule, responsiveness, past performance, and the specific needs or complexities of a project. Accordingly, the City reserves the discretion to assign work outside of the rotation when it determines that a particular consultant's qualifications or experience are better suited for a specific assignment or when project needs otherwise warrant.
Unless specified otherwise for each Task Order, the general roles and responsibilities are as follows:
City POC (Principal
Holds final accountability on all tasks. Sets direction, approves CE/Assistant Director)
deliverables, authorizes expenditures, and serves as the City's single point of authority throughout the project lifecycle.
Performs day-to-day project management work under City PM Consultant PM
direction: manages subconsultants and contractors, prepares reports and documents, tracks schedule and budget, and
coordinates with agencies and stakeholders.
City Management
Provides executive oversight, approves change orders and (Director)
scope changes beyond the City POC's authority, and receives escalations on risk and policy matters.
Finance / Sr
Responsible for grant reimbursements and funding agency Management Analyst
compliance; consulted on budget tracking and invoice
processing, and RoW acquisition.
In short, the Consultant will typically manage day-to-day project tasks, allowing City staff to focus on policy, accountability, and stakeholder engagement.
All deliverables, correspondence, and project records are filed in the Consultant's document management system and VPM (unless another platform is cleared for use) and remain City property upon contract closeout.
All tasks to be performed as described in the proposal and presentations provided during the procurement process, which are attached to and included as part of this agreement. 11 01 /01 /2026
Docusign Envelope ID: CFF9BB8A-5EB5-8E5A-83A0-9AADCD19458B
EXHIBIT B
Payment Rates and Schedule
Cost for services shall be based on the Consultant's proposed rate schedules attached hereto and incorporated herein by reference as though fully set forth.
A. Under no circumstances shall the total cost of services exceed $1,000,000.00 for the entire term of the Agreement unless additional compensation is approved in accordance with the Payment section of this Agreement.
B. The Consultant shall promptly notify the City in writing of any potential cost overruns.
Cost overruns include, but are not limited to the following: (1) where anticipated costs to be incurred in the next sixty calendar days, when added to all costs previously incurred, will exceed 80 percent of the maximum compensation for this Agreement; or (2) where the total cost for performance of the Scope of Services (Exhibit A) appears that it may be greater than the maximum compensation for this Agreement.
C. The Consultant shall not be entitled to other fees or expenses that exceed the amounts specified in the Payment Rates and Schedule unless authorized in advance by the City.
D. The Consultant shall be reimbursed for authorized Other Direct Costs incurred in performance of the Services at actual cost without markup, unless otherwise approved in writing by the City. Reimbursable expenses shall be supported by invoices, receipts, mileage logs, or other documentation acceptable to the City. Acceptable expense category examples include mileage, travel, printing/reproduction, shipping/courier, permits/fees/testing costs, and project -specific materials/supplies.
E. The Consultant shall be reimbursed for actual costs of authorized Subconsultants, including overtime costs when such overtime is required by applicable law, regulation, or collective bargaining agreement, and when properly incurred in the performance of the Services. No markup allowed on the subconsultants expenses.
F. Labor overtime is authorized when required by law
G. Beginning with the fiscal year following the first anniversary of the contract award, the Consultant may request an adjustment to the payment rates and payment schedule at the start of each fiscal year based on the annual percentage change 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 index. Any requested adjustment shall not exceed four percent (4%) and shall be subject to the City's prior written approval.
12 01 /01 /2026
Docusign Envelope ID: CFF9BB8A-5EB5-8E5A-83A0-9AADCD19458B
KLE/NFELOER
CONSTRUCTION SERVICES
FEE SCHEDULE
City of Temecula
On -call Public Works Professional Services (RFP No. 311) Name
Greg Gomez, PE, QSP, CISEC
Michalle Beringhaus, CCM, PMP
Lisa Adams, PE
Mark Ban
Dave Toschak, PE
Hossein Azar, PE
Hank Gentile, PE
Duff Joseph, PE
Keith Young, PE
Mark Plotnikeiwicz, PE, QSD
Role
Year 1
Contract/Project Manager
$
250
Task Order Manager
$
220
Lead Project Manager
$
209
Project Manager
$
201
Project Manager
$
261
Project Manager/Constructability Reviewer
$
197
Constructability Reviewer
$
302
Constructability Reviewer
$
283
Constructability Reviewer
$
250
Constructability Reviewer
$
276
Note: Annual rate adjustments shall be in accordance with Section 1, Paragraph 3 of the Agreement.
Signed By:
March 5, 2026
Signature Date
Rich Fitterer, PE - Area Manager/Vice President
Name and Title
Docusign Envelope ID: 1D9CEAFA-A49F-8354-80CA-296CFBE7D994
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND MNS ENGINEERS, INC.
ON -CALL PUBLIC WORKS PROFESSIONAL SERVICES
THIS AGREEMENT is made and effective as of July 28, 2026, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and MNS 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:
1. TERM
This Agreement shall commence on July 28, 2026, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2031, unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for (3) three additional (1) one year terms. In no event shall the contract be extended beyond June 30, 2034.
At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and payment schedule based on the annual percentage change of the Consumer Price Index (CPI) for All Urban Consumers for the Riverside —San Bernardino —Ontario Core Based Statis-tical Area, using the most recently published month. Any such adjustment shall not exceed 4 percent and must be approved by the Director of the Public Works Department.
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) for the total term of this agreement unless additional payment is approved as provided in this Agreement. 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 . 01 /01 /2026
Docusign Envelope ID: 1D9CEAFA-A49F-8354-80CA-296CFBE7D994 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.
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
A. Consultant acknowledges and agrees that the specific services and tasks described in Section 2 of this Agreement include a wide range of public works and infrastructure -related assignments, including program management, project management, construction management, inspection (e.g., compliance, subsurface investigation, and testing), utility coordination, grant compliance, schedule and budget management, constructability review, field coordination, and construction support services (e.g., claim analysis). Most of these services and tasks require that Consultant's employees and subcontractors be paid prevailing wages pursuant to Part 7. Public Works And Public Agencies, of Division 2, Employment Regulation And Supervision, of the California Labor Code commencing at Labor Code Section 1720 ("Prevailing Wage Law"). At such time as the City issues a Task Order to Consultant pursuant to Section 2 of this Agreement, Consultant shall comply with this Section and the Prevailing Wage Law as to each employee and subcontract that will be subject to the Prevailing Wage Law for such Task Order.
B. 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 the work 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 . Consultant 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 to the extent required by law. 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 such person or by any subcontractor under such person, in violation of the provisions of the Agreement. The Task Orders for a project, work, or service issued by the City pursuant to this Agreement will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.
C. 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 of Consultant 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 01 /01 /2026
Docusign Envelope ID: 1D9CEAFA-A49F-8354-80CA-296CFBE7D994 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 its 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
6. [INTENTIONALLY DELETED
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, 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 01 /01 /2026
Docusign Envelope ID: 1D9CEAFA-A49F-8354-80CA-296CFBE7D994 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
A. Indemnity for Professional Services. In connection with its professional services, Consultant shall hold harmless and indemnify City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers (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 arising out of the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or their professional services under this Agreement, except for such Claims arising from the negligence or willful misconduct of the Indemnities, as determined by final arbitration or court decision or by the agreement of the parties. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as provided in California Civil Code 2782.8.
B. Other Indemnities. In connection with any and all Claims not covered by subsection A. of this section. above, and arising out of Consultant's physical activities and operations in connection with its performance of this Agreement other than its performance of professional services, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims, including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractor, or agents in their physical activities and operations in the performance of this Agreement, except for such Claims arising from the negligence or willful misconduct of the Indemnities, as determined by final arbitration or court decision or by the agreement of the parties.
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:
01 /01 /2026
Docusign Envelope ID: 1D9CEAFA-A49F-8354-80CA-296CFBE7D994 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, Consultant 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, Consultant 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. 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 Consultant. 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, 01 /01 /2026
Docusign Envelope ID: 1D9CEAFA-A49F-8354-80CA-296CFBE7D994 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 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 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 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.
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.
01 /01 /2026
Docusign Envelope ID: 1D9CEAFA-A49F-8354-80CA-296CFBE7D994 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.
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.
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
01 /01 /2026
Docusign Envelope ID: 1D9CEAFA-A49F-8354-80CA-296CFBE7D994 To Consultant: MNS ENGINEERS, INC
Brandon Reyes
201 N. Calle Cesar Chavez, Suite 300
Santa Barbara, CA 93103
16. ASSIGNMENT; CONSULTANT WORK WITH ITS EMPLOYEES;
SUBCONTRACTS
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. Consultant shall perform all work under this agreement with its own employees unless City Manager approves in writing a subcontractor prior to start of subcontractor's work. Consultant shall not retain independent contractors to perform work for it under this Agreement. 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.
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.
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 01 /01 /2026
Docusign Envelope ID: 1D9CEAFA-A49F-8354-80CA-296CFBE7D994 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. 01 /01 /2026
Docusign Envelope ID: 1D9CEAFA-A49F-8354-80CA-296CFBE7D994 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA
By
Jessica Alexander, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By: ISigned by:
NV AtI omw
C343357EB2E34B5
MNS ENGINEERS, INC
By:
By:
Signed by:
aw� ow lt,S
CF79F5EF30F1422...
Brandon Reyes, Vice President
Signed by:
2007B64DD38F4CF...
Tyler Sheldon, Senior Vice President
Peter M. Thorson, City Attorney CONSULTANT
MNS ENGINEERS, INC
Attn: Brandon Reyes
201 N. Calle Cesar Chavez, Suite 300
Santa Barbara, CA 93103
951-532-4510
[email protected]
n Initial
IV4
Risk Mgmt.
01 /01 /2026
Docusign Envelope ID: 1D9CEAFA-A49F-8354-80CA-296CFBE7D994
EXHIBIT A
Tasks to be Performed
The specific elements of this service include a wide range of public works and infrastructure - related assignments, including program management, project management, construction management, inspection (e.g., compliance, subsurface investigation, and testing), utility coordination, grant compliance, schedule and budget management, constructability review, field coordination, and construction support services (e.g., claim analysis).
When a project -specific need arises, City staff will prepare a scope of work and request a proposal from one or more of the selected consultants. Upon approval of the scope and fee, funding for the work will be allocated from the approved CIP project budget or applicable operating budget supporting the project.
The City generally intends to assign work tasks and project opportunities on a rotational basis among the selected on -call consultants. The rotation process gives everyone a fair chance to participate while allowing the City to consider factors such as consultant expertise, specialized experience, current workload, project schedule, responsiveness, past performance, and the specific needs or complexities of a project. Accordingly, the City reserves the discretion to assign work outside of the rotation when it determines that a particular consultant's qualifications or experience are better suited for a specific assignment or when project needs otherwise warrant.
Unless specified otherwise for each Task Order, the general roles and responsibilities are as follows:
City POC (Principal
Holds final accountability on all tasks. Sets direction, approves CE/Assistant Director)
deliverables, authorizes expenditures, and serves as the City's single point of authority throughout the project lifecycle.
Performs day-to-day project management work under City PM Consultant PM
direction: manages subconsultants and contractors, prepares reports and documents, tracks schedule and budget, and
coordinates with agencies and stakeholders.
City Management
Provides executive oversight, approves change orders and (Director)
scope changes beyond the City POC's authority, and receives escalations on risk and policy matters.
Finance / Sr
Responsible for grant reimbursements and funding agency Management Analyst
compliance; consulted on budget tracking and invoice
processing, and RoW acquisition.
In short, the Consultant will typically manage day-to-day project tasks, allowing City staff to focus on policy, accountability, and stakeholder engagement.
All deliverables, correspondence, and project records are filed in the Consultant's document management system and VPM (unless another platform is cleared for use) and remain City property upon contract closeout.
All tasks to be performed as described in the proposal and presentations provided during the procurement process, which are attached to and included as part of this agreement. 11 01 /01 /2026
Docusign Envelope ID: 1D9CEAFA-A49F-8354-80CA-296CFBE7D994
EXHIBIT B
Payment Rates and Schedule
Cost for services shall be based on the Consultant's proposed rate schedules attached hereto and incorporated herein by reference as though fully set forth.
A. Under no circumstances shall the total cost of services exceed $1,000,000.00 for the entire term of the Agreement unless additional compensation is approved in accordance with the Payment section of this Agreement.
B. The Consultant shall promptly notify the City in writing of any potential cost overruns.
Cost overruns include, but are not limited to the following: (1) where anticipated costs to be incurred in the next sixty calendar days, when added to all costs previously incurred, will exceed 80 percent of the maximum compensation for this Agreement; or (2) where the total cost for performance of the Scope of Services (Exhibit A) appears that it may be greater than the maximum compensation for this Agreement.
C. The Consultant shall not be entitled to other fees or expenses that exceed the amounts specified in the Payment Rates and Schedule unless authorized in advance by the City.
D. The Consultant shall be reimbursed for authorized Other Direct Costs incurred in performance of the Services at actual cost without markup, unless otherwise approved in writing by the City. Reimbursable expenses shall be supported by invoices, receipts, mileage logs, or other documentation acceptable to the City. Acceptable expense category examples include mileage, travel, printing/reproduction, shipping/courier, permits/fees/testing costs, and project -specific materials/supplies.
E. The Consultant shall be reimbursed for actual costs of authorized Subconsultants, including overtime costs when such overtime is required by applicable law, regulation, or collective bargaining agreement, and when properly incurred in the performance of the Services . No markup allowed on the subconsultants expenses.
F. Labor overtime is authorized when required by law
G. Beginning with the fiscal year following the first anniversary of the contract award, the Consultant may request an adjustment to the payment rates and payment schedule at the start of each fiscal year based on the annual percentage change 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 index. Any requested adjustment shall not exceed four percent (4%) and shall be subject to the City's prior written approval.
12 01 /01 /2026
Docusign Envelope ID: 1D9CEAFA-A49F-8354-80CA-296CFBE7D994 1:1►101►1:14INC0
Principal Engineer..........
Lead Engineer ..................
Supervising Engineer....
Senior Project Engineer
Project Engineer .............
Associate Engineer........
Assistant Engineer.........
SURVEYING
Principal Surveyor ........................
Lead Surveyor ................................
Supervising Surveyor ..................
Senior Project Surveyor .............
Project Surveyor ...........................
Associate Project Surveyor.......
Assistant Project Surveyor........
Party Chief(PW)............................
Chainperson (PW)........................
One -Person Survey Crew (PW)
TECHNICAL SUPPORT
CADD Manager ...............
Supervising Technician
Senior Technician...........
Engineering Technician
�J M N S
2026 STANDARD SCHEDULE OF FEES
PROJECT/PROGRAM MANAGEMENT
Principal -In -Charge ..............................
$395
Senior Project/Program Manager .....
355
Project/Program Manager...................305
Assistant Project/Program Manager 280
Senior Project Coordinator ..................220
Project Coordinator................................185
1410101;i 111:i1L411IQ 01,Vi /_10 /_Td 4 If,14 0111
Principal Construction Manager ...... $375
Senior Construction Manager............ 325
Senior Resident Engineer .....................295
Resident Engineer...................................275 Structure Representative ......................280
Construction Manager ..........................250
Assistant Resident Engineer................225
Sr. Construction Inspector (PW) .......210
Construction Inspector (PW) .............195
Office Administrator..............................140
PLANNING
Practice Lead ........................................... $315
Senior Technical Specialist ....................275
Technical Specialist.................................250 Principal Planner/Scientist ....................210
Senior Planner/Scientist .........................195
Associate Planner/Scientist..................165
Assistant Planner/Scientist/Monitor
140
Planning Technician/Field Monitor
... 115
Senior GIS Technician.............................185
GIS Technician...........................................140 Labor Compliance Officer.....................165
Labor Compliance Analyst....................125
Senior Housing Manager ......................235
Housing Manager....................................195
Principal Housing Analyst.....................175
Senior Housing Analyst .........................145
Housing Analyst.......................................115
GOVERNMENT SERVICES
City Engineer..........................................$295 Deputy City Engineer .............................
260
Assistant City Engineer .........................245
Plan Check Engineer..............................205
Permit Engineer ....................................... 195
City Inspector...........................................185 Senior City Inspector (PW) .................210
City Inspector(PW).................................195
Principal Stormwater Specialist .........
250
Senior Stormwater Specialist ..............
220
Stormwater Specialist ............................190
Stormwater Technician .........................170
Building Official.......................................285 Senior Building Inspector .....................220
Building Inspector...................................195 Senior Grant Writer ................................
210
Grant Writer..............................................200 Associate Grant Writer ..........................180
Assistant Grant Writer ...........................160
ADMINISTRATIVE SUPPORT
Senior Management Analyst ............ $220
Management Analyst ............................190
IT Technician.............................................155 Graphics/Visualization Specialist ....... 165
Administrative Assistant .......................115
For Payment Rates and Schedule Terms, see Exhibit B of On -Call Public Works Professional Services Contract. 1515�_7 7 Brandon Reyes, Vice President
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND PROACTIVE ENGINEERING CONSULTANTS, INC.
ON -CALL PUBLIC WORKS PROFESSIONAL SERVICES
THIS AGREEMENT is made and effective as of July 28, 2026, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Proactive Engineering Consultants, Inc. 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 28, 2026, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2031, unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for (3) three additional (1) one year terms. In no event shall the contract be extended beyond June 30, 2034.
At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and payment schedule based on the annual percentage change of the Consumer Price Index (CPI) for All Urban Consumers for the Riverside —San Bernardino —Ontario Core Based Statis-tical Area, using the most recently published month. Any such adjustment shall not exceed 4 percent and must be approved by the Director of the Public Works Department.
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) for the total term of this agreement unless additional payment is approved as provided in this Agreement. 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, 01/01/2026
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2 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.
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
A. Consultant acknowledges and agrees that the specific services and tasks described in Section 2 of this Agreement include a wide range of public works and infrastructure - related assignments, including program management, project management, construction management, inspection (e.g., compliance, subsurface investigation, and testing), utility coordination, grant compliance, schedule and budget management, constructability review, field coordination, and construction support services (e.g., claim analysis). Most of these services and tasks require that Consultant's employees and subcontractors be paid prevailing wages pursuant to Part 7. Public Works And Public Agencies, of Division 2, Employment Regulation And Supervision, of the California Labor Code commencing at Labor Code Section 1720 ("Prevailing Wage Law"). At such time as the City issues a Task Order to Consultant pursuant to Section 2 of this Agreement, Consultant shall comply with this Section and the Prevailing Wage Law as to each employee and subcontract that will be subject to the Prevailing Wage Law for such Task Order.
B. 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 the work 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 . Consultant 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 to the extent required by law. 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 such person or by any subcontractor under such person, in violation of the provisions of the Agreement. The Task Orders for a project, work, or service issued by the City pursuant to this Agreement will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.
C. 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 of Consultant must be registered with the Department of Industrial Relations to be qualified to bid, or provide a 01/01/2026
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2 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 its 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
6. [INTENTIONALLY DELETED]
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, 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 01/01/2026
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2 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
A. Indemnity for Professional Services. In connection with its professional services, Consultant shall hold harmless and indemnify City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers (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 arising out of the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or their professional services under this Agreement, except for such Claims arising from the negligence or willful misconduct of the Indemnities, as determined by final arbitration or court decision or by the agreement of the parties. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as provided in California Civil Code 2782.8.
B. Other Indemnities. In connection with any and all Claims not covered by subsection A. of this section. above, and arising out of Consultant's physical activities and operations in connection with its performance of this Agreement other than its performance of professional services, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims, including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractor, or agents in their physical activities and operations in the performance of this Agreement, except for such Claims arising from the negligence or willful misconduct of the Indemnities, as determined by final arbitration or court decision or by the agreement of the parties.
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.
01/01/2026
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2 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, Consultant 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, Consultant 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. 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 Consultant. 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 01/01/2026
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2 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 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 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 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.
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. 01/01/2026
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2 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.
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.
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
01/01/2026
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2 41000 Main Street
Temecula, CA 92590
To Consultant: Proactive Engineering Consultants, Inc.
Matt Cabalace
27051 Towne Centre Drive, Suite 270
Foothill Ranch, CA 92610
16. ASSIGNMENT; CONSULTANT WORK WITH ITS EMPLOYEES;
SUBCONTRACTS
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. Consultant shall perform all work under this agreement with its own employees unless City Manager approves in writing a subcontractor prior to start of subcontractor's work. Consultant shall not retain independent contractors to perform work for it under this Agreement. 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.
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.
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.
01/01/2026
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2
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. 01/01/2026
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA
By:
Jessica Alexander, Mayor
ATTEST:
By
Randi Johl, City Clerk
APPROVED AS TO FORM:
Signed by:
Epdv 9. fif�,bmv,
By: C343357EB2E34B5...
Peter M. Thorson, City Attorney
PROACTIVE ENGINEERING CONSULTANTS,
INC.
[��93(-,(313508_431
ed by:
By:t�jVauan
Tom Braun, President
Signed by:
E
By: 64457343Q
Mark Anderson, Chief Operating Officer
CONSULTANT
Proactive Engineering Consultants, Inc.
Matt Cabalce, Principal
27051 Towne Centre Drive, Suite 270
Foothill Ranch. CA 92610
949-716-7460
[email protected]
n }Initial
IVY
Risk Mgmt.
10 01/01/2026
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2
EXHIBIT A
Tasks to be Performed
The specific elements of this service include a wide range of public works and infrastructure - related assignments, including program management, project management, construction management, inspection (e.g., compliance, subsurface investigation, and testing), utility coordination, grant compliance, schedule and budget management, constructability review, field coordination, and construction support services (e.g., claim analysis).
When a project -specific need arises, City staff will prepare a scope of work and request a proposal from one or more of the selected consultants. Upon approval of the scope and fee, funding for the work will be allocated from the approved CIP project budget or applicable operating budget supporting the project.
The City generally intends to assign work tasks and project opportunities on a rotational basis among the selected on -call consultants. The rotation process gives everyone a fair chance to participate while allowing the City to consider factors such as consultant expertise, specialized experience, current workload, project schedule, responsiveness, past performance, and the specific needs or complexities of a project. Accordingly, the City reserves the discretion to assign work outside of the rotation when it determines that a particular consultant's qualifications or experience are better suited for a specific assignment or when project needs otherwise warrant.
Unless specified otherwise for each Task Order, the general roles and responsibilities are as follows:
City POC (Principal
Holds final accountability on all tasks. Sets direction, approves CE/Assistant Director)
deliverables, authorizes expenditures, and serves as the City's single point of authority throughout the project lifecycle.
Performs day-to-day project management work under City PM Consultant PM
direction: manages subconsultants and contractors, prepares reports and documents, tracks schedule and budget, and
coordinates with agencies and stakeholders.
City Management
Provides executive oversight, approves change orders and (Director)
scope changes beyond the City POC's authority, and receives escalations on risk and policy matters.
Finance / Sr
Responsible for grant reimbursements and funding agency Management Analyst
compliance; consulted on budget tracking and invoice
processing, and RoW acquisition.
In short, the Consultant will typically manage day-to-day project tasks, allowing City staff to focus on policy, accountability, and stakeholder engagement.
All deliverables, correspondence, and project records are filed in the Consultant's document management system and VPM (unless another platform is cleared for use) and remain City property upon contract closeout.
All tasks to be performed as described in the proposal and presentations provided during the procurement process, which are attached to and included as part of this agreement. 01/01/2026
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2
EXHIBIT B
Payment Rates and Schedule
Cost for services shall be based on the Consultant's proposed rate schedules attached hereto and incorporated herein by reference as though fully set forth.
A. Under no circumstances shall the total cost of services exceed $1,000,000.00 for the entire term of the Agreement unless additional compensation is approved in accordance with the Payment section of this Agreement.
B. The Consultant shall promptly notify the City in writing of any potential cost overruns.
Cost overruns include, but are not limited to the following: (1) where anticipated costs to be incurred in the next sixty calendar days, when added to all costs previously incurred, will exceed 80 percent of the maximum compensation for this Agreement; or (2) where the total cost for performance of the Scope of Services (Exhibit A) appears that it may be greater than the maximum compensation for this Agreement.
C. The Consultant shall not be entitled to other fees or expenses that exceed the amounts specified in the Payment Rates and Schedule unless authorized in advance by the City.
D. The Consultant shall be reimbursed for authorized Other Direct Costs incurred in performance of the Services at actual cost without markup, unless otherwise approved in writing by the City. Reimbursable expenses shall be supported by invoices, receipts, mileage logs, or other documentation acceptable to the City. Acceptable expense category examples include mileage, travel, printing/reproduction, shipping/courier, permits/fees/testing costs, and project -specific materials/supplies.
E. The Consultant shall be reimbursed for actual costs of authorized Subconsultants, including overtime costs when such overtime is required by applicable law, regulation, or collective bargaining agreement, and when properly incurred in the performance of the Services . No markup allowed on the subconsultants expenses.
F. Labor overtime is authorized when required by law
G. Beginning with the fiscal year following the first anniversary of the contract award, the Consultant may request an adjustment to the payment rates and payment schedule at the start of each fiscal year based on the annual percentage change 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 index. Any requested adjustment shall not exceed four percent (4%) and shall be subject to the City's prior written approval.
12 01/01/2026
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2 Fee Schedule for
ON -CALL PUBLIC WORKS
PROFESSIONAL SERVICES (RFP NO.311)
Aft
Submitted to
City of Temecula - Public Works
41000 Main Street
Temecula, CA 92590
March 5, 2026
Submitted by
PROACTIVE
ENGINEERING CONSULTANTS
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2 REQUEST FOR PROPOSALS (RFP) N0.311
ON -CALL PUBLIC WORKS PROFESSIONAL SERVICES FEE SCHEDULE Cover Letter
March 5, 2026
City of Temecula
Department of Public Works
41000 Main Street
Temecula, CA 92590
Subject: Request for Proposals (RFP) No. 311; On -Call Public Works Professional Services Fee Schedule Dear Public Works Department:
Proactive Engineering Consultants (PROACTIVE) is pleased to submit this Fee Schedule to the City of Temecula Department of Public Works in support of CIP projects.
This fee schedule shall remain valid through June 30, 2027 or as negotiated as part of the award process. I attest that all information provided in this proposal is true and correct.
We appreciate the opportunity to submit our proposal and look forward to discussing how we can assist the City on these important projects. If you have any questions or require further information, please contact me at (949) 900-6213 or via email at [email protected].
Respectfully submitted,
Matt Cabalce, PE
Tom Braun, MS, PE
Program Manager
Principal -in -Charge
PROACTIVE
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2
PROACTIVE
ENGINEERING CONSULTANTS
FEE SCHEDULE
Valid through December 31, 2026
Compensation for work performed on a time and materials basis will be computed as follows:
MANAGEMENT HOURLY RATE
Principal................................................................... $290.00 Director.....................................................................260.00 Sr Project Manager, Sr Technical Manager...............248.00 Project Manager/Technical Manager ........................230.00
CIVIL ENGINEERING SERVICES
Senior Project Engineer...........................................$230.00 Project Engineer/Design Director.............................210.00 Engineer/Sr Designer................................................186.00 Design Engineer, Designer........................................165.00 Asst Engineer/Design Technician..............................138.00 Engineering Technician.............................................120.00 Administration..........................................................105.00 Engineering Intern.......................................................92.00
SURVEY AND MAPPING SERVICES
Field Supervisor.......................................................$220.00 Project Surveyor........................................................194.00 GIS Specialist/Asst Project Surveyor .........................165.00 Survey Analyst...........................................................138.00 Three Person Crew....................................................348.00 Two Person Crew......................................................296.00 One Person Crew.......................................................213.00 NOTE: FOR SURVEY WORK REQUIRING PREVAILING
WAGE
Three Person Crew..................................................$411.00 Two Person Crew......................................................350.00 One Person Crew.......................................................224.00
SPECIAL SERVICES
Consultation Re: Litigation......................................$550.00 Fire Specialist..........................................................$260.00 1IPage
DRY UTILITY SERVICES
Principal.................................................................. $225.00
Sr. Project Manager....................................................... 205.00
Project Manager....................................................... 185.00
Project Coordinator II ............................................... 165.00
Project Coordinator I ................................................ 150.00
Utility Project Coordinator ....................................... 135.00
CAD Technician/Designer......................................... 125.00
Assistant Utility Coordinator .................................... 110.00
Administration............................................................
95.00 CONSTRUCTION SUPPORT
Principal.................................................................. $267.00 Sr. Project Manager, Sr. Technical Manager ............ 212.00 Project Manager....................................................... 195.00 Field Engineer........................................................... 190.00 Administration............................................................ 95.00
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2 ECORP Consulting, Inc.
ENVIRONMENTAL CONSULTANTS
FEE SCHEDULE FOR PROFESSIONAL SERVICES
ECORP Consulting, Inc. - 2026 Rates
Classifications Rate/Hour
PrincipalV................................................................................................................................................ $450
PrincipalIV............................................................................................................................................... $370
PrincipalIII............................................................................................................................................... $315
PrincipalII................................................................................................................................................ $270
PrincipalI................................................................................................................................................. $250
ProfessionalXI......................................................................................................................................... $270
ProfessionalX.......................................................................................................................................... $245
ProfessionalIX......................................................................................................................................... $225
ProfessionalVill....................................................................................................................................... $210
ProfessionalVII........................................................................................................................................ $195
ProfessionalVI......................................................................................................................................... $185
ProfessionalV.......................................................................................................................................... $175
ProfessionalIV......................................................................................................................................... $160
ProfessionalIII......................................................................................................................................... $145
ProfessionalII.......................................................................................................................................... $135
ProfessionalI........................................................................................................................................... $125
TechnicianIV...........................................................................................................................................$120 TechnicianIII............................................................................................................................................ $115
TechnicianII............................................................................................................................................ $105
TechnicianI................................................................................................................................................ $95
ProjectAdmin III...................................................................................................................................... $135
ProjectAdmin II....................................................................................................................................... $115
ProjectAdmin I........................................................................................................................................ $105
'Technical and Professional classifications include biologists, regulatory permitting specialists, archaeologists, architectural historians, paleontologists, air quality/greenhouse gas specialists, noise specialists, planners, CEQA/NEPA specialists, UAS pilots, GIS specialists, and other technical professionals. www.ecorpconsulting.com
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2 C. 11 t.. ltepu I I I l
1 1 V,
2026 TIME & MATERIALS FEE SCHEDULE*
Professional services will be rendered based on the following hourly rates:
Senior Principal
$370
Senior Environmental Planning
Consultant
$360
Principal
$340
Associate Principal
$290
Senior Project Manager
$268
Project Manager
$235
Sr. Associate
$220
Associate
$180
Assistant/Coordinator
$155
Creative services will be rendered based on the following hourly rates:
Art Director
Web/Graphic Designer
$205
$175
Supportive services will be rendered based on the following hourly rates:
Project Accountant/Controller $175
Administrative Support $175
Provision of related services and reimbursable expenses will be charged to the client as follows:
Black and White Prints/Copies, In House
Color Prints/Copies, In House
Translation
Interpretation
Phone/Postage
Mileage
Online Surveys
Project Email Account
Eblasts
Web Hosting
Domain
SSL Certificate
Vendor & Subconsultant Services
AV/Equipment Rental
$0.20+ per page, depending on paper size
$1.89-$3.49 per page, depending on paper size
$0.27-$0.54 per word, depending on language
$150-$250 per hour
at cost
Per IRS Standard Mileage Rate
$60 each
at cost
$20 each
$300 per year
$20-25 per year
$75 per year
15% mark up for administration
at cost
V. Expert witness testimony or technical assistance on legal matters shall be provided at the rate of $350 per hour of witness and preparation time.
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2 TJW ENGINEERING, INC.
STANDARD COMPENSATION SCHEDULE
(Effective January 2026)
Classification
Hourly Rate
Principal
$285.00
Principal Traffic Engineer/Planner
$245.00
Senior Engineer/Planner
$200.00
Project Engineer/Planner
$155.00
Asst. Project Engineer/Planner
$140.00
Technician
$125.00
Administration
$100.00
Aide
$75.00
9841 Irvine Center Drive, Suite 200 1 Irvine, California 92618 1 t: (949) 878-3509 www.tjwengineering.com
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2 UP
GEOCON
WE S T. I N C.
2026 Schedule of Fees - Geotechnical & Environmental
Word Processor / Non -Technical Assistant / Draftsman / Dispatcher (/Hr) $
105
Distilled Water (5-gallon)
$
50 Engineering Assistant/Lab Technician. (/Hr)
$
105
Bailer (Reusable) (/Day)
$
35 Engineering Field Technician (Earthwork/Compaction Testing/Backfill) (/Hr) $
93 Bailer (Disposable)
$
15 Prevailing Wage - subject to CA annual PW Increases
$
148
Stainless Sampling Pump (/Day)
$
200
PW Overtime for Night Work (6pm-6am) and 8 hr minimum call out $
222
Battery -Powered Pump (/Day)
$
150
PW Sunday & Holiday Rates
$
296
Water Level Indicator (/Day)
$
50 PW Minimum Fee per call out 4 & 8 hrs
$
148
Interface Probe (/Day)
$
150
PW Short Notice Cancellation
$
148
Photo -Ionization Meter/Combustible Gas Meter (/Day)
$
150
Special Inspector (Concrete/Rebar/Masonry/Welding/etc) (/Hr) $
98 Generator or Air Compressor (/Day)
$
150
Prevailing Wage - subject to CA annual PW Increases
$
153
pH/Conductivity/Temperature Meter (/Day)
$
150
PW Overtime for Night Work (6pm-6am) and 8 hr minimum call out $
230
Turbidity Meter (/Day)
$
100
PW Sunday & Holiday Rates
$
306
Air Sampling Pump (/Day)
$
80 PW Minimum Fee per call out 4 & 8 hrs
$
153
Level D PPE/Decon Rinse Equipment (/Day)
$
85 PW Short Notice Cancellation
$
153
Concrete Coring Equipment (/Day)
$
350
Engineering Inspector (Bottom Approval / Shoring / Foundations / Piles) (/Hr) $
119
Limited Access (Beaver) Drilling Machine (/Day)
$
600
Prevailing Wage - subject to CA annual PW Increases
$
174
55-Gallon Drum
$
135
PW Overtime for Night Work (6pm-6am) and 8 hr minimum call out $
261
Visqeen (6 mil 20X100') (/roll)
$
135
PW Sunday & Holiday Rates
$
348
Traffic Cones/Barricades (/Day)
$
50 PW Minimum Fee per call out 4 & 8 hrs
$
174
TPHg(EPA 8015B)
$
70 PW Short Notice Cancellation
$
174
TPHd/TPHmo (EPA 8015M)
$
75 TPH Carbon Chain Breakdown (EPA 8015M)
$
125
LA City Deputy Grading Inspector (Bottom Approval /Shoring /Foundations/ Piles) (/Hr) $
135
Methanol and/or Ethanol (EPA 8015M)
$
125
Prevailing Wage - subject to CA annual PW Increases
$
190
Volatile Organic Compounds (EPA 8260B)
$
180
PW Overtime for Night Work (6pm-6am) and 8 hr minimum call out $
285
Semi -Volatile Organic Compounds (EPA 8270)
$
325
PW Sunday & Holiday Rates
$
380
PAHs (EPA 8270SIM)
$
195
PW Minimum Fee per call out 4 & 8 hrs
$
190
CAM 17 Metals (EPA 6010B)
$
195
PW Short Notice Cancellation
$
190
Single Metal (EPA 6010B)
$
125
Field Supervisor/Public Works Inspector/Building Inspector $
135
Hexavalent Chrome (EPA 7199)
$
100
Prevailing Wage - subject to CA annual PW Increases
$
190
Organochlorine Pesticides (EPA 8081)
$
155
PW for OT & Night Work (6pm-6am, 8 hr minimum call out) $
285
Organophosphorus Pesticides (EPA 8141)
$
155
PW Sunday & Holiday Rates
$
380
Chlorinated Herbicides (EPA 8151)
$
155
PW Minimum Fee per call out 4 & 8 hrs
$
190
PCBs (EPA 8082)
$
130
PW Short Notice Cancellation
$
190
Soil pH (EPA 9045C)
$
50 Staff Engineer/Geologist (/Hr)
$
135
WET or TCLP Extraction
$
110
Prevailing Wage - subject to CA annual PW Increases
$
190
EPA 5035 Sample Kits
$
75 PW Overtime for Night Work (6pm-6am) and 8 hr minimum call out $
285
Asbestos (PLM)
$
35 PW Sunday & Holiday Rates
$
380
Asbestos (400-point count)
$
52 Senior Staff Engineer/Geologist (/Hr)
$
145
Sample Compositing
$
40 Prevailing Wage - subject to CA annual PW Increases
$
200
Turnaround options: 24 hr (/surcharge)
100%
PW for OT & Night Work (6pm-6am, 8 hr minimum call out) $
300
48 hr (/surcharge)
75%
PW Sunday & Holiday Rates
$
400
72 hr (/surcharge)
40%
Project Engineer/Geologist (/Hr)
$
155
Prevailing Wage - subject to CA annual PW Increases
$
210
Personnel Regular Hourly Rate
PW for OT & Night Work (6pm-6am, 8 hr minimum call out) $
315
Subsistence (Per Diem/Day)
$
350
PW Sunday & Holiday Rates
$
420
Vehicle Mileage (/Mile)
$
0.75 Senior Project Engineer/Geologist (/Hr)
$
165
EQUIPMENT,
Prevailing Wage - subject to CA annual PW Increases
$
220
Nuclear Density Gauge / Sand Cone Testing Equipment (/Hr) $
10 PW for OT & Night Work (6pm-6am, 8 hr minimum call out) $
330
Vehicle (/Hr)
$
10 PW Sunday & Holiday Rates
$
440
Special Inspection Equipment (/Hr)
$
5 Senior Engineer/Geologist (/Hr)
$
190
Asphalt Cold Patch or Concrete, 60-lb. sack
$
30 Associate Engineer/Geologist (/Hr)
$
225
Double Ring Infiltrometer Equipment (/Day)
$
250
Principal Engineer/Geologist/Litigation Support (/Hr)
$
425
GPS Unit (/Day)
$
200
Attorney Fees (General) (/Hr)
$
550
Pick-up Truck (/Day)
$
200
Deposition or Court Appearance (/Hr)
$
600
Water Buffalo (/Day)
$
75 Dynamic Cone Penetrometer (/Day)
$
500
Subconsultant services shall be billed at actual cost with no markup applied.
Hand-Auger(/Day)
$
100
1of3
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81132-4CCI33D7808E2 GEOCON
W E S T. I N C.
LABORATORY TES,
COMPACTION CURVES
(D698/D1557/T99/T180)4-inch mold
$
400
(D698/D1557/T99/T180)6-inch mold
$
400
(CT 216) California Impact
$
400
Check Point
$
175
(D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3)
$
250
(D1632/CT312) Soil Cement Cyl. Fabrication (Addt1. Spec.) $
100
(D1633/CT312) Soil Cement Comp. Strength (Set of 3)
$
400
(D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) $
150
SOIL AND AGGREGATE STABILITY
(D2844/CT301) Resistance Value
$
450
(D2844/CT301) Resistance Value, Treated
$
450
(D1883) California Bearing Ratio
$
300
(C977) Stabilization Ability of Lime
$
250
(D1883) Calif. Bearing Ratio (Army Corps of Engineers)
$
700
CHEMICAL ANALYSIS
(G187/CT643/T288) pH and Resistivity
$
250
(D4972/T289)pH Only
$
125
(CT417/T290)Sulfate Content
$
175
(CT422/T291) Chloride Content
$
175
(D2974) Organic Content
$
150
PERMEABILITY, CONSOLIDATION, AND EXPANSION
(D5084) Permeability, Flexible Wall
$
400
(D5856) Permeability, Rigid Wall
$
350
(D2434) Permeability, Constant Head
$
350
(D2434) Permeability, FHA Slab -on -Grade
$
150
(D2434) Permeability, Hourly
$
100
(D2435/T216) Consolidation (6 pts. w/ Unload)
$
500
(D2435/T216) Consolidation Additional Point w/ Unload
$
150
(D2435/T216) Time Rate Consol. (6 pts. w/Unload)
$
1,000
(D2435/T216) Time Rate Consol. Add'I. Point w/Unload
$
200
(D4546) Swell/Compression Testing & Density
$
150
(D4546) Swell/Settlement Testing & Density (ea. addtl. pt.) $
100
(D4546) Swell/Settlement Testing & Density (County)
$
150
(D4546) Swell/Settlement Testing & Density (FHA)
$
150
(D4829) Expansion Index of Soils
$
350
STEEL TESTING
Reinforcing Steel Tests:
(A370/A615/A706) Tensile Strength & Elongation
#11 Bar & Smaller
$
150
#14 Bar
$
175
#18 Bar (Proof Test)
$
200
(A370/A615/A706)Bend Test
#11 Bar & Smaller
$
100
#14 & #18 Bar
$
125
(A370/A1034) Tensile - Mechanically Spliced Bar
#11 Bar & Smaller
#14 Bar & Larger
(A370) Tensile — Electric Resist. Butt Splice w/ Control (A370) Straightening of bar (if required)
Structural Steel Tests:
(A370) Machining & Prep of Test Specimen
(A370) Tensile Strength & Elongation
Up to 200,000 Ibs
200,000 — 300,000 Ibs
300,000 — 400,000 1 bs
SOIL AND AGGREGATE PROPERTIES
(D422/T88) Particle Size Analysis, Hydrometer
(C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash
(C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash
(C136/D6913/T27) Sieve, Coarse or Fine No #200 Wash
(C117/D1140/T11) Materials Finer than #200
(D2216/T265/CT226) Moisture Content
(D2487/D2488) Visual Soil Classification
(D2937) Density of In -Place Soil, Drive-Cyl. Method
(D4943) Shrinkage Factors of Soils, Wax Method
(C131/C535/CT211) L.A. Abrasion Resistance
(C142/T112) Clay Lumps and Friable Particles
(C123/T113) Light Weight Particles
(D3744/CT229/T210) Durability Index Fine
(D3744/CT229/T210) Durability Index Coarse
(CT227) Cleanness Value
(D4791) Flat & Elongated Particles
(D693/CT205) Percent Crushed Particles
(D5821) Percent. of Fractured Particles, Coarse Aggregate (C40/CT213/T21) Organic Impurities
(C235) Soft Hardness (Scratch Hardness)
(C88/CT214/T104)Sulfate Soundness
(C1252/T304) Uncompact. Void Content, Fine Aggregate
(C127/CT206/T85) Coarse Specific Gravity
(C128/CT207/T84) Fine Specific Gravity
(D854/CT209/T100) Specific Gravity of Soil
(C29/CT212/T19) Unit Weight & Percent Voids
(D2419/CT217/T176)Sand Equivalent
(D4318/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit) (D4318/CT204/T89) Liquid Limit
(D4318/CT204/T90) Plastic Limit
(C330) Spec. for Lightweight Aggregates, Struc. Concrete
SHEARSTRENGTH
(D2166) Unconfined Compression $175/ea
(D3080/T236) Direct Shear (3 Points)
(D3080/T236) Remolded Direct Shear (3 points)
Cost + 20%
$ 225
$ 275
$ 225
$ 100
$ 175
$ 200
$ 225
$ 400
$ 225
$ 200
$ 175
$ 150
$ 50
$ 50
$ 50
$ 100
$ 350
$ 225
$ 300
$ 250
$ 250
$ 250
$ 250
$ 225
$ 225
$ 150
$ 130
$ 600
$ 225
$ 200
$ 225
$ 250
$ 150
$ 200
$ 350
$ 175
$ 175
Quote
$ 175
$ 450
$ 550
2of3
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2 GEOCON
IRW E S T. I N C.
(D3080/T236) Direct Shear Addtl.Points/ea. residual pass (D2850) Unconsolidated-Undrained Triaxial Shear
(D2850) Unconsolidated-Undrained Triaxial Staged
(D4767) Consolidated-Undrained Triaxial Shear
(D4767) Consolidated-Undrained Triaxial Staged
(EM1110) Consolidated -Drained Triaxial Shear
(EM1110) Consolidated -Drained Triaxial Staged
MASONRY**
Concrete Block Test (Sets of 3 Required):
(C140) Unit Weight Moisture Content & Absorption $350/ea (C140) Moisture Content/Absorption (ea. addtl. specimen) (C140) Compression Test
(C140) Compression Test (ea. addtl. specimen)
(C426) Linear Drying Shrinkage
(C109/UBC 21-16) Mortar Cylinder (2"x4")
(C1019/UBC 21-19) Grout Prism (3"x3"x6"), trim included Masonry Prism (Assemblage):
(C1314) 8"x8"x16" — 8"x12"x16"
(C1314)8"x16"x16" — 10"x12"x16"
Pre -stressing Wire & Tendon Tests:
(A421) Tensile Strength, Single Wire
(A416) Tensile Strength, 7-Wire Strand
High Strength Bolt, Nut, & Washer Tests:
(F3125/A325/A490) Tensile Test on Bolts
(F3125/A563) Proof Load Test on Nuts
(F3125/A325/A490) Hardness Test on Bolts
(F3125/A536) Hardness Test on Nuts
(F3125/F436) Hardness Test on Washers
Weld Specimen Tests:
(E164) Ultrasonic Examination
Machining & Prep of Test Specimen
(E381) Macrotech Test (3 Faces)
ASPHALT TESTING
Asphalt Properties:
(D2726/CT308/T166) Bulk Spec. Gray. Compacted HMA
(D1560/CT366) Stabilometer Value (HVEEM)
(D6307) Asphalt Ignition
(D5444) Sieve Analysis of Extracted Asphalt
(D6307/CT382) Percent Asphalt, Ignition Method
(D1188) Unit Weight of Asphalt Core
MISCELLANEOUS TESTING SERVICES
Calibration of Hydraulic Ram:
100 Ton & Under
101 Tons — 200 Tons
Use of Universal Testing Machine:
UTM with One Operator
Additional Technician
200
200
250
450
450
500
700
350
125
300
125
350
40 45
$ 250
$ 250
$ 250
$ 300
$
150
$
150
$
100
$
100
$
100
Quote
Cost + 20%
$
355
Regular Tech Rate
$ 125
$ 250
$ 225
$ 275
$ 200
$ 125
IMEEMEMM
Spray Applied Fireproofing:
(E605/E736) Fireproofing Oven Dry Density/Thickness
(C1314) 12"x12"x16" — 12"x16"x16"
(C1314) Larger than 12"x16"x16"
Brick Test (Set of 5 Specimens):
(C67) 24-Hour Absorption, Cold Water (/set)
(C67) 5-Hour Absorption, Boiling Water (/set)
(C67) Compression Test or Modulus of Rupture (/set)
(C67) Each Additional Specimen
CONCRETE**
Mix Designs:
(ACI211/ACI214) Concrete Mix Design
(ACI211/ACI214) Review of Concrete Mix Design
(C192) Concrete Trial Mix (includes equipment & labor)
Concrete Properties:
(C39/CT521/T22) Comp. Strength, Concrete Cyl.
(C42/CT521/T22) Comp. Strength, Concrete/Gunite Core
(C78/CT523) Flex. Strength of 6"x6"x21" Concrete Beam
(C174) Length Measuring of Drilled Cores
(C1140) Shotcrete Panel -Coring & Testing (Set of 3)
(C1140) Shotcrete Panel (each addtl. specimen)
(C469) Static Modulus of Elasticity
(C426) Drying Shrinkage (Set of 3, up to 28 days)
(C642) Spec. Gravity, Absorp., Voids in Hardened Concrete (F1869) Vapor Emission Rate, Concrete Subfloor
*2X Surcharge on rush turnaround for laboratory testing. **Fee applies for sample storage, testing, or disposal.
Initial Set -Up & Baseline Readings (Each)
Installation (Two Stations)
Installation (Each Additional Station)
Meetings, Additional Reporting (Hourly)
Monitoring (Monthly)
Monitoring (Weekly)
Monitoring (Daily)
Emergency Site Visit
Utility Locating
Seismic Remi Study
$ 350 Multichannel Analysis of Surface Waves
$ 450 Electrical Resistivity Tomography
Refraction Study
$ 500 Underground Storage Tank Evaluation
$ 175
$ 275
Quote
$ 300
$ 300
$ 350
$ 100
$ 1,000
$ 600
$ 1,000
$ 40
$ 75
$ 150
$ 100
$ 400
$ 150
$ 300
$ 650
$ 125
$ 150
$ 3,000
$ 3,500
$ 2,000
$ 160
$ 6,000
$ 2,000
$ 500
$ 640
3of3
Docusign Envelope ID: 24C5AF9B-4C75-82FB-81B2-4CCB3D7808E2 u
bmla
L A N D S C A P E
ARCHITECTURE
LANDSCAPE ARCHITECTURE
BMLA, Inc.
ESTABLISHED 1987
Hourly Billing Rate Chart
President & VP of Operations
$ 250.00
Director of Production
$ 200.00
Senior Project Manager
$ 175.00
Project Manager
$ 135.00
Landscape Designer 2
$ 105.00
Landscape Designer 1
$ 90.00
PROACTIVE
ENGINEERING CONSULTANTS
27051 Towne Centre Drive, Suite 270
Foothill Ranch, CA 92610
(949) 716-7460 1 ProactiveEngineering.net
Docusign Envelope ID: 502E1699-2394-805E-8207-F94CFA2FBA55
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND TKE ENGINEERING, INC.
ON -CALL PUBLIC WORKS PROFESSIONAL SERVICES
THIS AGREEMENT is made and effective as of July 28, 2026, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and TKE Engineering, Inc. 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 28, 2026, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2031, unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for (3) three additional (1) one year terms. In no event shall the contract be extended beyond June 30, 2034.
At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and payment schedule based on the annual percentage change of the Consumer Price Index (CPI) for All Urban Consumers for the Riverside —San Bernardino —Ontario Core Based Statis-tical Area, using the most recently published month. Any such adjustment shall not exceed 4 percent and must be approved by the Director of the Public Works Department.
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) for the total term of this agreement unless additional payment is approved as provided in this Agreement. 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 . 01 /01 /2026
Docusign Envelope ID: 502E1699-2394-805E-8207-F94CFA2FBA55 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.
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
A. Consultant acknowledges and agrees that the specific services and tasks described in Section 2 of this Agreement include a wide range of public works and infrastructure - related assignments, including program management, project management, construction management, inspection (e.g., compliance, subsurface investigation, and testing), utility coordination, grant compliance, schedule and budget management, constructability review, field coordination, and construction support services (e.g., claim analysis). Most of these services and tasks require that Consultant's employees and subcontractors be paid prevailing wages pursuant to Part 7. Public Works And Public Agencies, of Division 2, Employment Regulation And Supervision, of the California Labor Code commencing at Labor Code Section 1720 ("Prevailing Wage Law"). At such time as the City issues a Task Order to Consultant pursuant to Section 2 of this Agreement, Consultant shall comply with this Section and the Prevailing Wage Law as to each employee and subcontract that will be subject to the Prevailing Wage Law for such Task Order.
B. 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 the work 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 . Consultant 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 to the extent required by law. 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 such person or by any subcontractor under such person, in violation of the provisions of the Agreement. The Task Orders for a project, work, or service issued by the City pursuant to this Agreement will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.
C. 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 of Consultant 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 01 /01 /2026
Docusign Envelope ID: 502E1699-2394-805E-8207-F94CFA2FBA55 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 its 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
6. [INTENTIONALLY DELETEDI
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, 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 01 /01 /2026
Docusign Envelope ID: 502E1699-2394-805E-8207-F94CFA2FBA55 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
A. Indemnity for Professional Services. In connection with its professional services, Consultant shall hold harmless and indemnify City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers (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 arising out of the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or their professional services under this Agreement, except for such Claims arising from the negligence or willful misconduct of the Indemnities, as determined by final arbitration or court decision or by the agreement of the parties. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as provided in California Civil Code 2782.8.
B. Other Indemnities. In connection with any and all Claims not covered by subsection A. of this section. above, and arising out of Consultant's physical activities and operations in connection with its performance of this Agreement other than its performance of professional services, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims, including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractor, or agents in their physical activities and operations in the performance of this Agreement, except for such Claims arising from the negligence or willful misconduct of the Indemnities, as determined by final arbitration or court decision or by the agreement of the parties.
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:
01 /01 /2026
Docusign Envelope ID: 502E1699-2394-805E-8207-F94CFA2FBA55 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, Consultant 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, Consultant 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. 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 Consultant. 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, 01 /01 /2026
Docusign Envelope ID: 502E1699-2394-805E-8207-F94CFA2FBA55 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 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 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 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.
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.
01 /01 /2026
Docusign Envelope ID: 502E1699-2394-805E-8207-F94CFA2FBA55 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.
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.
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
01 /01 /2026
Docusign Envelope ID: 502E1699-2394-805E-8207-F94CFA2FBA55 To Consultant: TKE Engineering, Inc.
Terry Renner
2305 Chicago Avenue
Riverside, CA 92507
16. ASSIGNMENT; CONSULTANT WORK WITH ITS EMPLOYEES;
SUBCONTRACTS
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. Consultant shall perform all work under this agreement with its own employees unless City Manager approves in writing a subcontractor prior to start of subcontractor's work. Consultant shall not retain independent contractors to perform work for it under this Agreement. 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.
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.
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 01 /01 /2026
Docusign Envelope ID: 502E1699-2394-805E-8207-F94CFA2FBA55 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. 01 /01 /2026
Docusign Envelope ID: 502E1699-2394-805E-8207-F94CFA2FBA55 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA
By:
Jessica Alexander, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By:
Signed by:
At. 1h naw
C343357EB2E34B5...
Peter M. Thorson, City Attorney
TKE ENGINEERING, INC.
DocuSigned by:
By: I
Li at jfkh 61&
C09BC50901 D148E...
Michael Thorton, President
DocuSigned by:
By: — F�68C�E736DDk"
Terry Renner, Senior Vice President
CONSULTANT
TKE Engineering, Inc.
Terry Renner, Senior Vice President
2305 Chicago Avenue, Riverside, CA 92507
(951) 680-0440
[email protected]
n Initial
IV4
Risk Mgmt.
10 01 /01 /2026
Docusign Envelope ID: 502E1699-2394-805E-8207-F94CFA2FBA55
EXHIBIT A
Tasks to be Performed
The specific elements of this service include a wide range of public works and infrastructure - related assignments, including program management, project management, construction management, inspection (e.g., compliance, subsurface investigation, and testing), utility coordination, grant compliance, schedule and budget management, constructability review, field coordination, and construction support services (e.g., claim analysis).
When a project -specific need arises, City staff will prepare a scope of work and request a proposal from one or more of the selected consultants. Upon approval of the scope and fee, funding for the work will be allocated from the approved CIP project budget or applicable operating budget supporting the project.
The City generally intends to assign work tasks and project opportunities on a rotational basis among the selected on -call consultants. The rotation process gives everyone a fair chance to participate while allowing the City to consider factors such as consultant expertise, specialized experience, current workload, project schedule, responsiveness, past performance, and the specific needs or complexities of a project. Accordingly, the City reserves the discretion to assign work outside of the rotation when it determines that a particular consultant's qualifications or experience are better suited for a specific assignment or when project needs otherwise warrant.
Unless specified otherwise for each Task Order, the general roles and responsibilities are as follows:
City POC (Principal
Holds final accountability on all tasks. Sets direction, approves CE/Assistant Director)
deliverables, authorizes expenditures, and serves as the City's single point of authority throughout the project lifecycle.
Performs day-to-day project management work under City PM Consultant PM
direction: manages subconsultants and contractors, prepares reports and documents, tracks schedule and budget, and
coordinates with agencies and stakeholders.
City Management
Provides executive oversight, approves change orders and (Director)
scope changes beyond the City POC's authority, and receives escalations on risk and policy matters.
Finance / Sr
Responsible for grant reimbursements and funding agency Management Analyst
compliance; consulted on budget tracking and invoice
processing, and RoW acquisition.
In short, the Consultant will typically manage day-to-day project tasks, allowing City staff to focus on policy, accountability, and stakeholder engagement.
All deliverables, correspondence, and project records are filed in the Consultant's document management system and VPM (unless another platform is cleared for use) and remain City property upon contract closeout.
All tasks to be performed as described in the proposal and presentations provided during the procurement process, which are attached to and included as part of this agreement. 11 01 /01 /2026
Docusign Envelope ID: 502E1699-2394-805E-8207-F94CFA2FBA55
EXHIBIT B
Payment Rates and Schedule
Cost for services shall be based on the Consultant's proposed rate schedules attached hereto and incorporated herein by reference as though fully set forth.
A. Under no circumstances shall the total cost of services exceed $1,000,000.00 for the entire term of the Agreement unless additional compensation is approved in accordance with the Payment section of this Agreement.
B. The Consultant shall promptly notify the City in writing of any potential cost overruns.
Cost overruns include, but are not limited to the following: (1) where anticipated costs to be incurred in the next sixty calendar days, when added to all costs previously incurred, will exceed 80 percent of the maximum compensation for this Agreement; or (2) where the total cost for performance of the Scope of Services (Exhibit A) appears that it may be greater than the maximum compensation for this Agreement.
C. The Consultant shall not be entitled to other fees or expenses that exceed the amounts specified in the Payment Rates and Schedule unless authorized in advance by the City.
D. The Consultant shall be reimbursed for authorized Other Direct Costs incurred in performance of the Services at actual cost without markup, unless otherwise approved in writing by the City. Reimbursable expenses shall be supported by invoices, receipts, mileage logs, or other documentation acceptable to the City. Acceptable expense category examples include mileage, travel, printing/reproduction, shipping/courier, permits/fees/testing costs, and project -specific materials/supplies.
E. The Consultant shall be reimbursed for actual costs of authorized Subconsultants, including overtime costs when such overtime is required by applicable law, regulation, or collective bargaining agreement, and when properly incurred in the performance of the Services . No markup allowed on the subconsultants expenses.
F. Labor overtime is authorized when required by law
G. Beginning with the fiscal year following the first anniversary of the contract award, the Consultant may request an adjustment to the payment rates and payment schedule at the start of each fiscal year based on the annual percentage change 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 index. Any requested adjustment shall not exceed four percent (4%) and shall be subject to the City's prior written approval.
12 01 /01 /2026
Docusign Envelope ID: 502E1699-2394-805E-8207-F94CFA2FBA55 11'� ENGINEERING, INC.
INE I'll
RATE SCHEDULE
2025-2026
HOURLY
RATE
Principal in Charge.................................................................................... $190.00 Project Manager/Construction Manager/Licensed Surveyor ......................... $180.00 Traffic Engineer(TE).................................................................................. $190.00 Senior Engineer/Project Engineer (PE)/Senior Plan Checker ........................ $170.00 Assistant Project Manager/Associate Engineer ............................................ $160.00 Assistant Engineer/Plan Checker/Designer.................................................. $150.00 AutoCAD Technician.................................................................................. $140.00 Engineering Technician.............................................................................. $110.00 Clerical................................................................................................... $ 95.00 ForensicEngineering................................................................................. $305.00 Expert Witness Testimony........................................................................ $405.00
SURVEYING SERVICES
2-Man Survey Crew (Prevailing Wage) ........................................................ $265.00
DEVELOPMENT SERVICES
ManagingDirector..................................................................................... $190.00 Senior Project Manager............................................................................. $140.00 ProjectManager........................................................................................ $110.00
CONSTRUCTION SERVICES
Senior Construction Inspector (Prevailing Wage) ......................................... $140.00 Construction Inspector (Prevailing Wage) .................................................... $135.00
REIMBURSABLE COSTS
In-house Reproduction.............................................................................. Cost Printing and Materials................................................................................ Cost Express Mail/Courier/Next Day Service ...................................................... Cost Special Subconsultant Services................................................................. Cost Revised June 2025
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-52OD98897DDE
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND WOOD RODGERS, INC.
ON -CALL PUBLIC WORKS PROFESSIONAL SERVICES
THIS AGREEMENT is made and effective as of July 28, 2026, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Wood Rodgers, Inc. 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 28, 2026, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2031, unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for (3) three additional (1) one year terms. In no event shall the contract be extended beyond June 30, 2034.
At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and payment schedule based on the annual percentage change of the Consumer Price Index (CPI) for All Urban Consumers for the Riverside —San Bernardino —Ontario Core Based Statis-tical Area, using the most recently published month. Any such adjustment shall not exceed 4 percent and must be approved by the Director of the Public Works Department.
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) for the total term of this agreement unless additional payment is approved as provided in this Agreement. 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 . 01 /01 /2026
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-520D98897DDE 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.
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
A. Consultant acknowledges and agrees that the specific services and tasks described in Section 2 of this Agreement include a wide range of public works and infrastructure -related assignments, including program management, project management, construction management, inspection (e.g., compliance, subsurface investigation, and testing), utility coordination, grant compliance, schedule and budget management, constructability review, field coordination, and construction support services (e.g., claim analysis). Most of these services and tasks require that Consultant's employees and subcontractors be paid prevailing wages pursuant to Part 7. Public Works And Public Agencies, of Division 2, Employment Regulation And Supervision, of the California Labor Code commencing at Labor Code Section 1720 ("Prevailing Wage Law"). At such time as the City issues a Task Order to Consultant pursuant to Section 2 of this Agreement, Consultant shall comply with this Section and the Prevailing Wage Law as to each employee and subcontract that will be subject to the Prevailing Wage Law for such Task Order.
B. 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 the work 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 . Consultant 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 to the extent required by law. 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 such person or by any subcontractor under such person, in violation of the provisions of the Agreement. The Task Orders for a project, work, or service issued by the City pursuant to this Agreement will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.
C. 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 of Consultant 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
01 /01 /2026
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-520D98897DDE 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 its 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
6. [INTENTIONALLY DELETED
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, 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 01 /01 /2026
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-520D98897DDE 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
A. Indemnity for Professional Services. In connection with its professional services, Consultant shall hold harmless and indemnify City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers (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 arising out of the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or their professional services under this Agreement, except for such Claims arising from the negligence or willful misconduct of the Indemnities, as determined by final arbitration or court decision or by the agreement of the parties. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as provided in California Civil Code 2782.8.
B. Other Indemnities. In connection with any and all Claims not covered by subsection A. of this section. above, and arising out of Consultant's physical activities and operations in connection with its performance of this Agreement other than its performance of professional services, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims, including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractor, or agents in their physical activities and operations in the performance of this Agreement, except for such Claims arising from the negligence or willful misconduct of the Indemnities, as determined by final arbitration or court decision or by the agreement of the parties.
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:
01 /01 /2026
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-520D98897DDE 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, Consultant 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, Consultant 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. 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 Consultant. 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, 01 /01 /2026
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-520D98897DDE 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 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 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 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.
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.
01 /01 /2026
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-520D98897DDE 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.
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.
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
01 /01 /2026
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-520D98897DDE To Consultant: Wood Rodgers, Inc.
Attn: Glen Parker
2251 San Diego Avenue, Suite A-130
San Diego, CA 92110
16. ASSIGNMENT; CONSULTANT WORK WITH ITS EMPLOYEES;
SUBCONTRACTS
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. Consultant shall perform all work under this agreement with its own employees unless City Manager approves in writing a subcontractor prior to start of subcontractor's work. Consultant shall not retain independent contractors to perform work for it under this Agreement. 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.
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.
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 01 /01 /2026
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-520D98897DDE 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. 01 /01 /2026
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-520D98897DDE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA
By
Jessica Alexander, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
Signed by:
�c fc v lit.. 'j�hnbw
By: C343357EB2E34B5...
Peter M. Thorson, City Attorney
WOOD RODGERS, INC.
By:
Docu Signed by:
KAyba&
1 B16C395A3F94BE...
Mark Rayback, President
Signed by:
l wt PAV
By• SDEDA6003D1A485 ..
Glen Parker, Vice President
CONSULTANT
Wood Rodgers, Inc.
Attn: Glen Parker
2251 San Diego Avenue, Suite A-130
San Diego, CA 92110
619-306-7334
[email protected]
n Initial
IV4
Risk Mgmt.
`W
01 /01 /2026
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-520D98897DDE
EXHIBIT A
Tasks to be Performed
The specific elements of this service include a wide range of public works and infrastructure - related assignments, including program management, project management, construction management, inspection (e.g., compliance, subsurface investigation, and testing), utility coordination, grant compliance, schedule and budget management, constructability review, field coordination, and construction support services (e.g., claim analysis).
When a project -specific need arises, City staff will prepare a scope of work and request a proposal from one or more of the selected consultants. Upon approval of the scope and fee, funding for the work will be allocated from the approved CIP project budget or applicable operating budget supporting the project.
The City generally intends to assign work tasks and project opportunities on a rotational basis among the selected on -call consultants. The rotation process gives everyone a fair chance to participate while allowing the City to consider factors such as consultant expertise, specialized experience, current workload, project schedule, responsiveness, past performance, and the specific needs or complexities of a project. Accordingly, the City reserves the discretion to assign work outside of the rotation when it determines that a particular consultant's qualifications or experience are better suited for a specific assignment or when project needs otherwise warrant.
Unless specified otherwise for each Task Order, the general roles and responsibilities are as follows:
City POC (Principal
Holds final accountability on all tasks. Sets direction, approves CE/Assistant Director)
deliverables, authorizes expenditures, and serves as the City's single point of authority throughout the project lifecycle.
Performs day-to-day project management work under City PM Consultant PM
direction: manages subconsultants and contractors, prepares reports and documents, tracks schedule and budget, and
coordinates with agencies and stakeholders.
City Management
Provides executive oversight, approves change orders and (Director)
scope changes beyond the City POC's authority, and receives escalations on risk and policy matters.
Finance / Sr
Responsible for grant reimbursements and funding agency Management Analyst
compliance; consulted on budget tracking and invoice
processing, and RoW acquisition.
In short, the Consultant will typically manage day-to-day project tasks, allowing City staff to focus on policy, accountability, and stakeholder engagement.
All deliverables, correspondence, and project records are filed in the Consultant's document management system and VPM (unless another platform is cleared for use) and remain City property upon contract closeout.
All tasks to be performed as described in the proposal and presentations provided during the procurement process, which are attached to and included as part of this agreement. 11 01 /01 /2026
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-520D98897DDE
EXHIBIT B
Payment Rates and Schedule
Cost for services shall be based on the Consultant's proposed rate schedules attached hereto and incorporated herein by reference as though fully set forth.
A. Under no circumstances shall the total cost of services exceed $1,000,000.00 for the entire term of the Agreement unless additional compensation is approved in accordance with the Payment section of this Agreement.
B. The Consultant shall promptly notify the City in writing of any potential cost overruns.
Cost overruns include, but are not limited to the following: (1) where anticipated costs to be incurred in the next sixty calendar days, when added to all costs previously incurred, will exceed 80 percent of the maximum compensation for this Agreement; or (2) where the total cost for performance of the Scope of Services (Exhibit A) appears that it may be greater than the maximum compensation for this Agreement.
C. The Consultant shall not be entitled to other fees or expenses that exceed the amounts specified in the Payment Rates and Schedule unless authorized in advance by the City.
D. The Consultant shall be reimbursed for authorized Other Direct Costs incurred in performance of the Services at actual cost without markup, unless otherwise approved in writing by the City. Reimbursable expenses shall be supported by invoices, receipts, mileage logs, or other documentation acceptable to the City. Acceptable expense category examples include mileage, travel, printing/reproduction, shipping/courier, permits/fees/testing costs, and project -specific materials/supplies.
E. The Consultant shall be reimbursed for actual costs of authorized Subconsultants, including overtime costs when such overtime is required by applicable law, regulation, or collective bargaining agreement, and when properly incurred in the performance of the Services. No markup allowed on the subconsultants expenses.
F. Labor overtime is authorized when required by law
G. Beginning with the fiscal year following the first anniversary of the contract award, the Consultant may request an adjustment to the payment rates and payment schedule at the start of each fiscal year based on the annual percentage change 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 index. Any requested adjustment shall not exceed four percent (4%) and shall be subject to the City's prior written approval.
12 01 /01 /2026
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-520D98897DDE EXHIBIT "B"
/�
W00C> -ROC>GERS
SOUTHERN CALIFORNIA FEE SCHEDULE
CLASSIFICATION
STANDARD RATE
Principal Engineer/Geologist/Surveyor/Planner/GIS/LA* II $365
Principal En ineer/Geolo ist/Surve or/Planner/GIS/LA* 1 $320
Senior Engineer/Geologist/Surveyor/Planner/GIS/LA* II
$295
Senior Engineer/Geologist/Surveyor/Planner/GIS/LA* 1
$285
Project En ineer/Geolo ist/Surve or/Planner/GIS/LA* 11
$270
Project Engineer/Geologist/Surveyor/Planner/GIS/LA* 1
$255
En ineer/Geolo ist/Surve or/Planner/GIS/LA* II
$240
En ineer/Geolo ist/Surve or/Planner/GIS/LA* 1
$225
Assistant Engineer/Geologist/Surveyor/Planner/GIS/LA*
$180
Designer
$120
Senior CAD Technician/Graphics Designer II
$225
Senior CAD Technician/Graphics Designer 1
$205
CAD Technician/Graphics Designer
$180
Project Coordinator
$195
Administrative Assistant
$170
Senior Field Technician 1
$190
Field Technician II
$170
Field Technician 1
$150
*LA = Landscape Architect
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-52OD98897DDE 2026 Fee Schedule
.. Category
Principal Engineer
Hourly
$325
Senior Civil Engineer
$290
Construction Manager
$285
Senior Project Manager
$280
Project Manager
$255
Associate Engineer
$235
Assistant Engineer
$200
Resident Engineer/Inspector
$180
Junior Engineer
$170
Senior Environmental Consultant
$185
Environmental Consultant
$170
Engineering Intern
$130
Administrative Assistant
$120
VILLA CIVIL
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-520D98897DDE
RATE SCHEDULE
La Salle Solutions LLC
STAFF
TITLE
2026
HOURLY
RATE
Principal In Charge
275
Project Manager/Task Order Manager
265
Lead CM/RE Inspectors
240
CM/RE Inspectors
228
MEP Inspector
228
Assistant RE, Inspector
219
Scheduler)
205
Office Engineer/Labor Compliance
150
SSHO
175
Swppp Inspector
207
*Non - PLA Rates
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-52OD98897DDE Platt/Whitelaw Architects Inc.
PROFESSIONAL RATES
01/01/2026
Category Hourly Rate
PrincipalArchitect............................................................................................................ $272.00 ProjectManager............................................................................................................... $216.00 ProjectArchitect............................................................................................................... $205.00 Architect........................................................................................................................... $182.00 SpecWriter.......................................................................................................................$171.00 ProjectCoordinator.......................................................................................................... $148.00 CADTech 1....................................................................................................................... $137.00 CADTech 2....................................................................................................................... $103.00 Clerical................................................................................................................................ $90.00 Personnel classifications may be amended based on potential staff changes. Any new classification will be subject to prior approval by the client. ac
rJr
PLATT/WHITELAW
ARCHITECTS, INC.
Naveen H. Waney, AIA
SENIOR PRINCIPAL
Peter M. Soutowood, AIA
PRINCIPAL
Thomas E. Brothers, AIA
PRINCIPAL
David M. Madigan
ASSOCIATE
2251 San Diego Avenue
(Old Town) Suite B-250
San Diego, CA 92110
ph (619) 546-4326
fax (619) 546-4350
www.plattwhitelaw.com
MAP"'
Mik
KIVY U G>�
-1r-)LUT1oN
January 2, 2026
Subject: 2026 Kayuga Rate Schedule
LABOR CLASSIFICATION
Hourly Rate
Principal Asset Management Consultant
$245
Principal Technology Consultant
$225
Senior Asset Management Consultant
$195
Asset Management Consultant
$175
Asset Specialist
$135
Please feel free to contact me if you have any questions.
Sincerely,
Colin Chung, PhD
President
Kayuga Solution, Inc.
colin.chunL,(@kavugasolution.com
(949) 300-3903
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-52OD98897DDE
WGEOCON
W E S T. I N C.
2026 Schedule of Fees - Geotechnical & Environmental
Word Processor/ Non -Technical Assistant/ Draftsman / Dispatcher (/Hr) $
105
Distilled Water (5-gallon)
$
50 Engineering Assistant/Lab Technician. (/Hr)
$
105
Bailer (Reusable) (/Day)
$
35 Engineering Field Technician (Earthwork/Compaction Testing/Backfill) (/Hr) $
93 Bailer (Disposable)
$
15 Prevailing Wage - subject to CA annual PW Increases
$
148
Stainless Sampling Pump (/Day)
$
200
PW Overtime for Night Work (6pm-6am) and 8 hr minimum call out $
222
Battery -Powered Pump (/Day)
$
150
PW Sunday & Holiday Rates
$
296
Water Level Indicator (/Day)
$
50 PW Minimum Fee per call out 4 & 8 hrs
$
148
Interface Probe (/Day)
$
150
PW Short Notice Cancellation
$
148
Photo -Ionization Meter/Combustible Gas Meter (/Day)
$
150
Special Inspector (Concrete/Rebar/Masonry/Welding/etc) (/Hr) $
98 Generator or Air Compressor (/Day)
$
150
Prevailing Wage - subject to CA annual PW Increases
$
153
pH/Conductivity/Temperature Meter (/Day)
$
150
PW Overtime for Night Work (6pm-6am) and 8 hr minimum call out $
230
Turbidity Meter (/Day)
$
100
PW Sunday & Holiday Rates
$
306
Air Sampling Pump (/Day)
$
80 PW Minimum Fee per call out 4 & 8 hrs
$
153
Level D PPE/Decon Rinse Equipment (/Day)
$
85 PW Short Notice Cancellation
$
153
Concrete Coring Equipment (/Day)
$
350
Engineering Inspector (Bottom Approval / Shoring / Foundations / Piles) (/Hr) $
119
Limited Access (Beaver) Drilling Machine (/Day)
$
600
Prevailing Wage - subject to CA annual PW Increases
$
174
55-Gallon Drum
$
135
PW Overtime for Night Work (6pm-6am) and 8 hr minimum call out $
261
Visqeen (6 mil 20X100') (/roll)
$
135
PW Sunday & Holiday Rates
$
348
Traffic Cones/Barricades (/Day)
$
50 PW Minimum Fee per call out 4 & 8 hrs
$
174
TPHg(EPA 8015B)
$
70 PW Short Notice Cancellation
$
174
TPHd/TPHmo (EPA 8015M)
$
75 TPH Carbon Chain Breakdown (EPA 8015M)
$
125
LA City Deputy Grading Inspector (Bottom Approval /Shoring /Foundations /Piles) (/Hr) $
135
Methanol and/or Ethanol (EPA 8015M)
$
125
Prevailing Wage - subject to CA annual PW Increases
$
190
Volatile Organic Compounds (EPA 8260B)
$
180
PW Overtime for Night Work (6pm-6am) and 8 hr minimum call out $
285
Semi -Volatile Organic Compounds (EPA 8270)
$
325
PW Sunday & Holiday Rates
$
380
PAHs (EPA 8270SIM)
$
195
PW Minimum Fee per call out 4 & 8 hrs
$
190
CAM 17 Metals (EPA 6010B)
$
195
PW Short Notice Cancellation
$
190
Single Metal (EPA 6010B)
$
125
Field Supervisor/Public Works Inspector/Building Inspector $
135
Hexavalent Chrome (EPA 7199)
$
100
Prevailing Wage - subject to CA annual PW Increases
$
190
Organochlorine Pesticides (EPA 8081)
$
155
PW for OT & Night Work (6pm-6am, 8 hr minimum call out) $
285
Organophosphorus Pesticides (EPA 8141)
$
155
PW Sunday & Holiday Rates
$
380
Chlorinated Herbicides (EPA 8151)
$
155
PW Minimum Fee per call out 4 & 8 hrs
$
190
PCBs (EPA 8082)
$
130
PW Short Notice Cancellation
$
190
Soil pH (EPA 9045C)
$
50 Staff Engineer/Geologist (/Hr)
$
135
WET or TCLP Extraction
$
110
Prevailing Wage - subject to CA annual PW Increases
$
190
EPA 5035 Sample Kits
$
75 PW Overtime for Night Work (6pm-6am) and 8 hr minimum call out $
285
Asbestos (PLM)
$
35 PW Sunday & Holiday Rates
$
380
Asbestos (400-point count)
$
52 Senior Staff Engineer/Geologist (/Hr)
$
145
Sample Compositing
$
40 Prevailing Wage - subject to CA annual PW Increases
$
200
Turnaround options: 24 hr (/surcharge)
100%
PW for OT & Night Work (6pm-6am, 8 hr minimum call out) $
300
48 hr (/surcharge)
75%
PW Sunday & Holiday Rates
$
400
72 hr (/surcharge)
40%
Project Engineer/Geologist (/Hr)
$
155
Prevailing Wage - subject to CA annual PW Increases
$
210
Personnel Regular Hourly Rate
PW for OT & Night Work (6pm-6am, 8 hr minimum call out) $
315
Subsistence (Per Diem/Day)
$
350
PW Sunday & Holiday Rates
$
420
Vehicle Mileage (/Mile)
$
0.75 Senior Project Engineer/Geologist (/Hr)
$
165
EQUIPMENT,
Prevailing Wage - subject to CA annual PW Increases
$
220
Nuclear Density Gauge / Sand Cone Testing Equipment (/Hr) $
10 PW for OT & Night Work (6pm-6am, 8 hr minimum call out) $
330
Vehicle (/Hr)
$
10 PW Sunday & Holiday Rates
$
440
Special Inspection Equipment (/Hr)
$
5 Senior Engineer/Geologist (/Hr)
$
190
Asphalt Cold Patch or Concrete, 60-lb. sack
$
30 Associate Engineer/Geologist (/Hr)
$
225
Double Ring Infiltrometer Equipment (/Day)
$
250
Principal Engineer/Geologist/Litigation Support (/Hr)
$
425
GPS Unit (/Day)
$
200
Attorney Fees (General) (/Hr)
$
550
Pick-up Truck (/Day)
$
200
Deposition or Court Appearance (/Hr)
$
600
Water Buffalo (/Day)
$
75 Dynamic Cone Penetrometer (/Day)
$
500
Subconsultant services shall be billed at actual cost with no markup applied.
Hand -Auger (/Day)
$
100
1of3
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-52OD98897DDE 11���GEOCON
W E S T. I N C.
COMPACTION CURVES
(D698/D1557/T99/T180)4-inch mold
$
400
(D698/D1557/T99/T180)6-inch mold
$
400
(CT 216) California Impact
$
400
Check Point
$
175
(D3632/CT312) Soil Cement Cyl. Fabrication (Set of 3)
$
250
(D1632/CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) $
100
(D1633/CT312) Soil Cement Comp. Strength (Set of 3)
$
400
(D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) $
150
SOIL AND AGGREGATE STABILITY
(D2844/CT301) Resistance Value
$
450
(D2844/CT301) Resistance Value, Treated
$
450
(D3883) California Bearing Ratio
$
300
(C977) Stabilization Ability of Lime
$
250
(D1883) Calif. Bearing Ratio (Army Corps of Engineers)
$
700
CHEMICAL ANALYSIS
(G187/CT643/T288) pH and Resistivity
$
250
(D4972/T289)pH Only
$
125
(CT417/T290)Sulfate Content
$
175
(CT422/T291) Chloride Content
$
175
(D2974) Organic Content
$
150
PERMEABILITY, CONSOLIDATION, AND EXPANSION
(D5084) Permeability, Flexible Wall
$
400
(D5856) Permeability, Rigid Wall
$
350
(D2434) Permeability, Constant Head
$
350
(D2434) Permeability, FHA Slab -on -Grade
$
150
(D2434) Permeability, Hourly
$
100
(D2435/T216) Consolidation (6 pts. w/ Unload)
$
500
(D2435/T216) Consolidation Additional Point w/ Unload
$
150
(D2435/T216) Time Rate Consol. (6 pts. w/Unload)
$
1,000
(D2435/T216) Time Rate Consol. Add'I. Point w/Unload
$
200
(D4546) Swell/Compression Testing & Density
$
150
(D4546) Swell/Settlement Testing & Density (ea. addtl. pt.) $
100
(D4546) Swell/Settlement Testing & Density (County)
$
150
(D4546) Swell/Settlement Testing & Density (FHA)
$
150
(D4829) Expansion Index of Soils
$
350
STEEL TESTING
Reinforcing Steel Tests:
(A370/A615/A706) Tensile Strength & Elongation
#11 Bar & Smaller
$
150
#14 Bar
$
175
#18 Bar (Proof Test)
$
200
(A370/A615/A706)Bend Test
#11 Bar & Smaller
$
100
#14 & #18 Bar
$
125
(A370/A1034) Tensile - Mechanically Spliced Bar
#11 Bar & Smaller
#14 Bar & Larger
(A370) Tensile — Electric Resist. Butt Splice w/ Control (A370) Straightening of bar (if required)
Structural Steel Tests:
(A370) Machining & Prep of Test Specimen
(A370) Tensile Strength & Elongation
Up to 200,000 Ibs
200,000 — 300,000 Ibs
300,000 — 400,0001 bs
SOIL AND AGGREGATE PROPERTIES
(D422/T88) Particle Size Analysis, Hydrometer
(C136/136913/T27) Sieve, Coarse to Fine w/ #200 Wash
(C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash
(C136/D6913/T27) Sieve, Coarse or Fine No #200 Wash
(C117/D1140/T11) Materials Finer than #200
(D2216/T265/CT226) Moisture Content
(D2487/D2488) Visual Soil Classification
(D2937) Density of In -Place Soil, Drive-Cyl. Method
(D4943) Shrinkage Factors of Soils, Wax Method
(C131/C535/CT211) L.A. Abrasion Resistance
(C142/T112) Clay Lumps and Friable Particles
(C123/T113) Light Weight Particles
(D3744/CT229/T210) Durability Index Fine
(D3744/CT229/T210) Durability Index Coarse
(CT227) Cleanness Value
(D4791) Flat & Elongated Particles
(D693/CT205) Percent Crushed Particles
(D5821) Percent. of Fractured Particles, Coarse Aggregate (C40/CT213/T21) Organic Impurities
(C235) Soft Hardness (Scratch Hardness)
(C88/CT214/T104) Sulfate Soundness
(C1252/T304) Uncompact. Void Content, Fine Aggregate
(C127/CT206/T85) Coarse Specific Gravity
(C128/CT207/T84) Fine Specific Gravity
(D854/CT209/T100) Specific Gravity of Soil
(C29/CT212/T19) Unit Weight & Percent Voids
(D2419/CT217/T176)Sand Equivalent
(D4318/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit) (D4318/CT204/T89) Liquid Limit
(D4318/CT204/T90) Plastic Limit
(C330) Spec. for Lightweight Aggregates, Struc. Concrete
SHEAR STRENGTH
(D2166) Unconfined Compression $175/ea
(D3080/T236) Direct Shear (3 Points)
(D3080/T236) Remolded Direct Shear (3 points)
Cost + 20%
$ 225
$ 275
$ 225
$ 100
$ 175
$ 200
$ 225
$ 400
$ 225
$ 200
$ 175
$ 150
$ 50
$ 50
$ 50
$ 100
$ 350
$ 225
$ 300
$ 250
$ 250
$ 250
$ 250
$ 225
$ 225
$ 150
$ 130
$ 600
$ 225
$ 200
$ 225
$ 250
$ 150
$ 200
$ 350
$ 175
$ 175
Quote
$ 175
$ 450
$ 550
2of3
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-52OD98897DDE
WGEOCON
W E S T. I N C.
(D3080/T236) Direct Shear Addtl.Points/ea. residual pass (D2850) Unconsolidated-Undrained Triaxial Shear
(D2850) Unconsolidated-Undrained Triaxial Staged
(D4767) Consolidated-Undrained Triaxial Shear
(D4767) Consolidated-Undrained Triaxial Staged
(EM1110) Consolidated -Drained Triaxial Shear
(EM1110) Consolidated -Drained Triaxial Staged
MASONRY**
Concrete Block Test (Sets of 3 Required):
(C140) Unit Weight Moisture Content & Absorption $350/ea (C140) Moisture Content/Absorption (ea. addtl. specimen) (C140) Compression Test
(C140) Compression Test (ea. addtl. specimen)
(C426) Linear Drying Shrinkage
(C109/UBC 21-16) Mortar Cylinder (2"x4")
(C1019/UBC 21-19) Grout Prism (3"0"x6"), trim included
Masonry Prism (Assemblage):
(C1314)8"x8"x16" — 8"x12"x16"
(C1314) 8"x16"x16" — 10"x12"x16"
Pre -stressing Wire & Tendon Tests:
(A421) Tensile Strength, Single Wire
(A416) Tensile Strength, 7-Wire Strand
High Strength Bolt, Nut, & Washer Tests:
(F3125/A325/A490) Tensile Test on Bolts
(F3125/A563) Proof Load Test on Nuts
(F3125/A325/A490) Hardness Test on Bolts
(F3125/A536) Hardness Test on Nuts
(F3125/F436) Hardness Test on Washers
Weld Specimen Tests:
(E164) Ultrasonic Examination
Machining & Prep of Test Specimen
(E381) Macrotech Test (3 Faces)
ASPHALT TESTING
Asphalt Properties:
(D2726/CT308/T166) Bulk Spec. Gray. Compacted HMA
(D3560/CT366) Stabilometer Value (HVEEM)
(D6307) Asphalt Ignition
(D5444) Sieve Analysis of Extracted Asphalt
(D6307/CT382) Percent Asphalt, Ignition Method
(D1188) Unit Weight of Asphalt Core
MISCELLANEOUS TESTING SERVICES
Calibration of Hydraulic Ram:
100 Ton & Under
101 Tons — 200 Tons
Use of Universal Testing Machine:
UTM with One Operator
Additional Technician
200
200
250
450
450
500
700
350
125
300
125
350
40 45
$ 250
$ 250
$ 250
$ 300
$
150
$
150
$
100
$
100
$
100
Quote
Cost + 20
$
355
Regular Tech Rate
$ 125
$ 250
$ 225
$ 275
$ 200
$ 125
Spray Applied Fireproofing:
(E605/E736) Fireproofing Oven Dry Density/Thickness
(C1314)12"x12"x16" — 12"x16"x16"
(C1314) Larger than 12"x16"x16"
Brick Test (Set of 5 Specimens):
(C67) 24-Hour Absorption, Cold Water (/set)
(C67) 5-Hour Absorption, Boiling Water (/set)
(C67) Compression Test or Modulus of Rupture (/set)
(C67) Each Additional Specimen
CONCRETE**
Mix Designs:
(ACI211/ACI214) Concrete Mix Design
(ACI211/ACI214) Review of Concrete Mix Design
(C192) Concrete Trial Mix (includes equipment & labor)
Concrete Properties:
(C39/CT521/T22) Comp. Strength, Concrete Cyl.
(C42/CT521/T22) Comp. Strength, Concrete/Gunite Core
(C78/CT523) Flex. Strength of 6"x6"x21" Concrete Beam
(C174) Length Measuring of Drilled Cores
(C1140) Shotcrete Panel -Coring & Testing (Set of 3)
(C1140) Shotcrete Panel (each addtl. specimen)
(C469) Static Modulus of Elasticity
(C426) Drying Shrinkage (Set of 3, up to 28 days)
(C642) Spec. Gravity, Absorp., Voids in Hardened Concrete (F1869) Vapor Emission Rate, Concrete Subfloor
*2X Surcharge on rush turnaround for laboratory testing. **Fee applies for sample storage, testing, or disposal.
Initial Set -Up & Baseline Readings (Each)
Installation (Two Stations)
Installation (Each Additional Station)
Meetings, Additional Reporting (Hourly)
Monitoring (Monthly)
Monitoring (Weekly)
Monitoring (Daily)
Emergency Site Visit
Utility Locating
Seismic Remi Study
$ 350 Multichannel Analysis of Surface Waves
$ 450 Electrical Resistivity Tomography
Refraction Study
$ 500 Underground Storage Tank Evaluation
$ 175
$ 275
Quote
$ 300
$ 300
$ 350
$ 100
$ 1,000
$ 600
$ 1,000
$ 40
$ 75
$ 150
$ 100
$ 400
$ 150
$ 300
$ 650
$ 125
$ 150
$ 3,000
$ 3,500
$ 2,000
$ 160
$ 6,000
$ 2,000
$ 500
$ 640
3of3
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-52OD98897DDE Fehr&Peers
2025-2026
(July 2025 through June 2026)
Hourly Billing Rates
Classification
Principal
Senior Associate
Associate
Senior Engineer/Planner
Engineer/Planner
Senior Engineering Technician
Senior Project Accountant
Senior Project Coordinator
Project Coordinator
Technician
Intern
Hourly Rate
$280.00
$240.00
$215.00
$165.00
$140.00
$160.00
$125.00
$135.00
$120.00
$155.00
$100.00
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-52OD98897DDE cpog
c—Urr public outreach group
Standard Fee Schedule
Labor Hours
Outreach Manager
Hourly Fee
$225.00
Senior Community Liaison
$200.00
Community Liaison
$180.00
Senior Account Coordinator
$150.00
Account Coordinator
$135.00
Graphic Designer
$140.00
Other Direct Costs (ODCs)
Printing and Reproduction (Color)
At cost
Printing and Reproduction (Black and
White)
At cost
Presentation Boards
At cost
Digital Advertising
At cost
Print Advertising
At cost
Translation Services
At cost
Photography, Video, and Animation
At cost
Community Events (In -Person and Virtual)
Fees and Materials
At cost
Mailing Services
At cost
Survey Tools
At cost
E-Mail Platform
At cost
External Website
At cost
Media Monitoring Service
At cost
..........................................................................................................................................................................................................................................................................� Costin Public Outreach Group, Inc. 1
(310) 806-3825 1 cpoginc.com
Docusign Envelope ID: EB392B2A-OOEE-8A29-806C-520D98897DDE CL
SURVEYING &MAPPING
SURVEYING AND MAPPING SERVICES
FEE SCHEDULE
Contract/ Survey Manager
$275
Project Surveyor
$230
Survey Analyst / Technician
$195
Admin / Clerical
$105
1 Person Field Crew *
$285
2 Person Field Crew *
$385
3 Person Field Crew *
$485
* CL Surveying and Mapping, Inc. is signatory to the International Union of Operating Engineers Local 12. Field surveyors are therefore paid prevailing wage rates for all work performed. 400 E. Rincon Street, Ste 202 909.484.4200
Corona, CA 92879 www.CL-Survey.com
Docusign Envelope ID: 3738EBEB-739B-8729-82D4-CBOD0593F29B
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND Z&K CONSULTANTS, INC.
ON -CALL PUBLIC WORKS PROFESSIONAL SERVICES
THIS AGREEMENT is made and effective as of July 28, 2026, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Z&K Consultants, Inc. 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 28, 2026, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2031, unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for (3) three additional (1) one year terms. In no event shall the contract be extended beyond June 30, 2034.
At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and payment schedule based on the annual percentage change of the Consumer Price Index (CPI) for All Urban Consumers for the Riverside —San Bernardino —Ontario Core Based Statis-tical Area, using the most recently published month. Any such adjustment shall not exceed 4 percent and must be approved by the Director of the Public Works Department.
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) for the total term of this agreement unless additional payment is approved as provided in this Agreement. 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 . 01 /01 /2026
Docusign Envelope ID: 3738EBEB-739B-8729-82D4-CBOD0593F29B 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.
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
A. Consultant acknowledges and agrees that the specific services and tasks described in Section 2 of this Agreement include a wide range of public works and infrastructure - related assignments, including program management, project management, construction management, inspection (e.g., compliance, subsurface investigation, and testing), utility coordination, grant compliance, schedule and budget management, constructability review, field coordination, and construction support services (e.g., claim analysis). Most of these services and tasks require that Consultant's employees and subcontractors be paid prevailing wages pursuant to Part 7. Public Works And Public Agencies, of Division 2, Employment Regulation And Supervision, of the California Labor Code commencing at Labor Code Section 1720 ("Prevailing Wage Law"). At such time as the City issues a Task Order to Consultant pursuant to Section 2 of this Agreement, Consultant shall comply with this Section and the Prevailing Wage Law as to each employee and subcontract that will be subject to the Prevailing Wage Law for such Task Order.
B. 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 the work 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 . Consultant 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 to the extent required by law. 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 such person or by any subcontractor under such person, in violation of the provisions of the Agreement. The Task Orders for a project, work, or service issued by the City pursuant to this Agreement will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.
C. 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 of Consultant 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 01 /01 /2026
Docusign Envelope ID: 3738EBEB-739B-8729-82D4-CBOD0593F29B 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 its 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
6. [INTENTIONALLY DELETED
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, 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 01 /01 /2026
Docusign Envelope ID: 3738EBEB-739B-8729-82D4-CBOD0593F29B 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
A. Indemnity for Professional Services. In connection with its professional services, Consultant shall hold harmless and indemnify City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers (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 arising out of the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or their professional services under this Agreement, except for such Claims arising from the negligence or willful misconduct of the Indemnities, as determined by final arbitration or court decision or by the agreement of the parties. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as provided in California Civil Code 2782.8.
B. Other Indemnities. In connection with any and all Claims not covered by subsection A. of this section. above, and arising out of Consultant's physical activities and operations in connection with its performance of this Agreement other than its performance of professional services, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims, including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractor, or agents in their physical activities and operations in the performance of this Agreement, except for such Claims arising from the negligence or willful misconduct of the Indemnities, as determined by final arbitration or court decision or by the agreement of the parties.
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:
01 /01 /2026
Docusign Envelope ID: 3738EBEB-739B-8729-82D4-CBOD0593F29B 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, Consultant 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, Consultant 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. 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 Consultant. 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, 01 /01 /2026
Docusign Envelope ID: 3738EBEB-739B-8729-82D4-CBOD0593F29B 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 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 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 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.
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.
01 /01 /2026
Docusign Envelope ID: 3738EBEB-739B-8729-82D4-CBOD0593F29B 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.
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.
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
01 /01 /2026
Docusign Envelope ID: 3738EBEB-739B-8729-82D4-CBOD0593F29B To Consultant: Z&K Consultants, Inc.
Crystal Fraire, President
17130 Van Buren Blvd. #122
Riverside, CA 92504
16. ASSIGNMENT; CONSULTANT WORK WITH ITS EMPLOYEES;
SUBCONTRACTS
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. Consultant shall perform all work under this agreement with its own employees unless City Manager approves in writing a subcontractor prior to start of subcontractor's work. Consultant shall not retain independent contractors to perform work for it under this Agreement. 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.
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.
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 01 /01 /2026
Docusign Envelope ID: 3738EBEB-739B-8729-82D4-CBOD0593F29B 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. 01 /01 /2026
Docusign Envelope ID: 3738EBEB-739B-8729-82D4-CBOD0593F29B IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA
By
Jessica Alexander, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By
Signed by:
At. Itch v.
C343357EB2E34B5...
Peter M. Thorson, City Attorney
Z&K CONSULTANTS, INC.
Signed by:
vyS{a1 Fraim
I
By.57B527632E774EE...
Crystal Fraire, President
By:cSigned by:
OD6976491
Zack Faqih, Senior Vice
President/Secretary
CONSULTANT
Z&K Consultants, Inc.
Crystal Fraire, President
17130 Van Buren Blvd. Suite 122
Riverside, CA 92504
951-310-7470
cfraire(a)-zandkconsultants.com
Risk Mgmt.
10 01 /01 /2026
Docusign Envelope ID: 3738EBEB-739B-8729-82D4-CBOD0593F29B
EXHIBIT A
Tasks to be Performed
The specific elements of this service include a wide range of public works and infrastructure - related assignments, including program management, project management, construction management, inspection (e.g., compliance, subsurface investigation, and testing), utility coordination, grant compliance, schedule and budget management, constructability review, field coordination, and construction support services (e.g., claim analysis).
When a project -specific need arises, City staff will prepare a scope of work and request a proposal from one or more of the selected consultants. Upon approval of the scope and fee, funding for the work will be allocated from the approved CIP project budget or applicable operating budget supporting the project.
The City generally intends to assign work tasks and project opportunities on a rotational basis among the selected on -call consultants. The rotation process gives everyone a fair chance to participate while allowing the City to consider factors such as consultant expertise, specialized experience, current workload, project schedule, responsiveness, past performance, and the specific needs or complexities of a project. Accordingly, the City reserves the discretion to assign work outside of the rotation when it determines that a particular consultant's qualifications or experience are better suited for a specific assignment or when project needs otherwise warrant.
Unless specified otherwise for each Task Order, the general roles and responsibilities are as follows:
City POC (Principal
Holds final accountability on all tasks. Sets direction, approves CE/Assistant Director)
deliverables, authorizes expenditures, and serves as the City's single point of authority throughout the project lifecycle.
Performs day-to-day project management work under City PM Consultant PM
direction: manages subconsultants and contractors, prepares reports and documents, tracks schedule and budget, and
coordinates with agencies and stakeholders.
City Management
Provides executive oversight, approves change orders and (Director)
scope changes beyond the City POC's authority, and receives escalations on risk and policy matters.
Finance / Sr
Responsible for grant reimbursements and funding agency Management Analyst
compliance; consulted on budget tracking and invoice
processing, and RoW acquisition.
In short, the Consultant will typically manage day-to-day project tasks, allowing City staff to focus on policy, accountability, and stakeholder engagement.
All deliverables, correspondence, and project records are filed in the Consultant's document management system and VPM (unless another platform is cleared for use) and remain City property upon contract closeout.
All tasks to be performed as described in the proposal and presentations provided during the procurement process, which are attached to and included as part of this agreement. 11 01 /01 /2026
Docusign Envelope ID: 3738EBEB-739B-8729-82D4-CBOD0593F29B
EXHIBIT B
Payment Rates and Schedule
Cost for services shall be based on the Consultant's proposed rate schedules attached hereto and incorporated herein by reference as though fully set forth.
A. Under no circumstances shall the total cost of services exceed $1,000,000.00 for the entire term of the Agreement unless additional compensation is approved in accordance with the Payment section of this Agreement.
B. The Consultant shall promptly notify the City in writing of any potential cost overruns.
Cost overruns include, but are not limited to the following: (1) where anticipated costs to be incurred in the next sixty calendar days, when added to all costs previously incurred, will exceed 80 percent of the maximum compensation for this Agreement; or (2) where the total cost for performance of the Scope of Services (Exhibit A) appears that it may be greater than the maximum compensation for this Agreement.
C. The Consultant shall not be entitled to other fees or expenses that exceed the amounts specified in the Payment Rates and Schedule unless authorized in advance by the City.
D. The Consultant shall be reimbursed for authorized Other Direct Costs incurred in performance of the Services at actual cost without markup, unless otherwise approved in writing by the City. Reimbursable expenses shall be supported by invoices, receipts, mileage logs, or other documentation acceptable to the City. Acceptable expense category examples include mileage, travel, printing/reproduction, shipping/courier, permits/fees/testing costs, and project -specific materials/supplies.
E. The Consultant shall be reimbursed for actual costs of authorized Subconsultants, including overtime costs when such overtime is required by applicable law, regulation, or collective bargaining agreement, and when properly incurred in the performance of the Services. No markup allowed on the subconsultants expenses.
F. Labor overtime is authorized when required by law
G. Beginning with the fiscal year following the first anniversary of the contract award, the Consultant may request an adjustment to the payment rates and payment schedule at the start of each fiscal year based on the annual percentage change 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 index. Any requested adjustment shall not exceed four percent (4%) and shall be subject to the City's prior written approval.
12 01 /01 /2026
Envelope ID: 3738EBEB-739B-8729-82D4-CBOD0593F29B
SRANDARD FEE SCHEDULE
March 5, 2026
City of Temecula, Department of Public Works
Ron Moreno, Director of Public Works/City Engineer
41000 Main Street, Temecula, CA 92590
Re: Proposal for RFP No. 311 — On -Call Public Works Professional Services Dear Mr. Moreno and Members of the Selection Committee, Z&K Consultants, Inc. is pleased to submit our Standard Fee Schedule in support of our proposal for On -Call Public Works Professional Services.
Our fee schedule has been prepared in accordance with the requirements of the RFP and is provided as a separate document for upload to the Cost File. The schedule presents fully burdened hourly billing rates for each staff classification that may be assigned to City task orders.
These rates are intended to support the broad range of services described in the solicitation, including project and program management, coordination of technical consultants, environmental and permitting support, procurement and bidding assistance, construction phase services, and project closeout support for City capital improvement projects.
As requested in the RFP, our proposed rates will serve as the basis for negotiating individual task orders issued under the on -call agreement. Work assignments will be authorized by the City through written task orders or other formal authorization prior to the commencement of services.
Attachment (Submitted Separately):
• Z&K Consultants, Inc. — Standard Billing Rate Schedule This cost proposal shall remain valid for a minimum of one hundred eighty (180) calendar days from the proposal submittal date.
We appreciate the opportunity to support the City of Temecula in delivering high -quality public infrastructure and capital improvement projects. Please feel free to contact us should you have any questions regarding our fee schedule.
Sincerely,
C 3-� rµ�-z
Crystal Fraire, PE
President (Principal -in -Charge)
17130 Van Buren Blvd. #122, Riverside, CA
Phone. (951) 310-7470 1 [email protected]
Fmk
Zack Faqih, PE, QSD/P
Vice President
17130 Van Buren Blvd. #122, Riverside, CA
(949) 637-5040 1 [email protected]
Docusign Envelope ID: 3738EBEB-739B-8729-82D4-CBOD0593F29B
CONSULTANTS
BUILDING SOLUTIONS
STAFF HOURLY RATE
STAFF HOURLY RATE
Principal............................................................ $243.00
Structural Engineer ............................................. $212.00
QA/QC Manager ................................................. $195.00
SWPPP Practitioner............................................. $177.00
Senior Project Manager ...................................... $194.00
Specialty Professional/Discipline ........................ $238.00
Project Manager ................................................. $186.00
Constructability Reviewer ................................... $192.00
Assistant Project Manager ................................... $164.00
Assistant Environmental Scientist........................ $148.00
Project Engineer ................................................. $170.00
Senior Planner .................................................... $185.00
Project Designer III .............................................. $159.00
Planner II............................................................ $181.00
Project Designer II ............................................... $141.00
Planner I............................................................. $175.00
Project Designer I ................................................ $138.00
Assistant Planner................................................ $135.00
CADD Drafter III .................................................. $156.00
Senior Landscape Architect................................. $189.00
CADD Drafter II ................................................... $142.00
Landscape Architect ........................................... $182.00
CADD Drafter I .................................................... $138.00
Principal Architect .............................................. $210.00
Administrative Assistant ..................................... $132.00
Senior Architect.................................................. $204.00
Plan Check Engineer IV ....................................... $159.00
Architect............................................................ $198.00
Plan Check Engineer III ........................................ $154.00
3-Person Survey Crew ......................................... $397.00
Plan Check Engineer II ........................................ $147.00
2-Person Survey Crew ......................................... $307.00
Plan Check Engineer I ......................................... $138.00
1-Person Survey Crew ......................................... $208.00
Senior Traffic Engineer ........................................ $177.00
Assistant Surveyor (not Licensed) ........................ $178.00
Traffic Engineer ................................................... $174.00
Drone Operator with Camera............................... $163.00
Traffic Engineering Associate ............................... $168.00
Community Relations
Traffic Engineering Technician ............................. $145.00
Strategic Advisor ................................................. $228.00
Senior Grants Manager ........................................
Grants Manager .................................................. $198.00
$178.00
Senior Account Coordinator ................................ $168.00
Senior Public Works Technician ........................... $148.00
Account Coordinator ........................................... $143.00
Public Works Technician ..................................... $130.00
Senior Graphic Artist ........................................... $188.00
Senior Structural Engineer ................................... $235.00
Graphic Artist ..................................................... $158.00
PROJECT/CONSTRUCTION
MANAGEMENT&
INSPECT
STAFF REGULAR TIME RATE'
Principal............................................................................... $242.00
Senior Construction Manager ................................................. $214.00
QA/QC Manager.................................................................... $198.00
Senior Program Manager........................................................ $216.00
Program Manager.................................................................. $206.00
Senior Project Manager.......................................................... $194.00
Project Manager.................................................................... $186.00
Assistant Project Manager ..................................................... $164.00
Resident Engineer.................................................................. $220.00
Assistant Resident Engineer ................................................... $197.00
Construction Manager........................................................... $198.00
Assistant Construction Manager ............................................ $162.00
Labor Compliance................................................................. $154.00
Structures Representative..................................................... $286.00
Assistant Structures Representative/Structures Inspector ......
$220.00
Senior Construction Inspector (Prevailing Wage) 3,5
.................
$188.00
Senior Construction Inspector (Special Shift)3,4,5
...................
$196.00
Accessibility Expert/CASp Inspector ....................................... $208.00
DSA/OSHPD Inspector of Record ........................................... $202.00
Deputy Inspection (Prevailing Wage)3 5................................... $189.00
Public Works Inspector (Non -Prevailing Wage) 5...................... $172.00
17130 Van Buren Blvd, Suite 122 1 Riverside, CA 92504 1951.310.7470 1 www.zandkconsultants.com
Item No. 9
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Ron Moreno, Director of Public Works / City Engineer DATE: July 28, 2026
SUBJECT: Approve Agreement with Nichols-Melburg & Rosetto, AIA & Associates, Inc. for Civic Center and Old Town Parking Garage Architectural and Engineering Services PREPARED BY: Hossein Ajideh, Principal Civil Engineer
Emalee Manning, Assistant Engineer II
RECOMMENDATION: That the City Council:
1. Approve the agreement with Nichols-Melburg & Rosetto, AIA & Associates, Inc. for Civic Center and Old Town Parking Garage Architectural and Engineering Services, in the amount of $111,100; and
2. Authorize the City Manager to amend the agreement to extend the term for up to two (2) additional one-year terms, if necessary; and
3. Authorize the City Manager to amend the agreement to adjust the billing rates annually based on changes in the Consumer Price Index (CPI) for the Riverside -San Bernardino - Ontario Metropolitan Area; and
4. Authorize the City Manager to approve additional related services in an amount not to exceed ten percent (10%) of the agreement amount, as approved by the City Council, annually, which is equal to $11,110 per year.
BACKGROUND: The Civic Center and Old Town Parking Garage require architectural and engineering services to evaluate current conditions and prepare construction documents for several needed improvements. These include security enhancements within the lobby and reception areas, exterior painting and repairs to precast concrete panels, remediation of roof and building -envelope leaks, and a full structural and maintenance condition assessment of the parking garage.
These services will be performed under the City Facilities Rehabilitation Project (PWFR-11) and will also establish a new project titled Exterior Painting of the Civic Center and Old Town Parking Garage (PW25-08).
On June 2, 2026, the City issued a Request for Proposals (RFP) for Civic Center and Old Town Parking Garage Architectural and Engineering Services through PlanetBids. The City received two proposals from qualified architectural and engineering firms. Submissions were evaluated based on criteria outlined in the RFP, including professional experience, qualifications of key personnel, project understanding, technical approach, local and regional experience, staffing capacity, responsiveness, and overall ability to support the City's public works objectives.
A selection committee of City staff independently reviewed and scored each proposal before meeting to discuss results and develop a consensus ranking.
Based on the evaluation, staff recommend awarding the agreement to Nichols-Melburg & Rosetto, AIA & Associates, Inc. (NMR), the highest -ranked and most qualified firm. NMR demonstrated strong technical expertise, extensive relevant experience, and direct familiarity with the Civic Center as its original architect providing unique insight into the facility's design and construction.
NMR has also successfully delivered similar projects for numerous public agencies, including the City of Temecula.
Staff have negotiated a detailed scope of services and a fair, reasonable fee with Nichols-Melburg & Rosetto, AIA & Associates, Inc. for the proposed work.
The project supports the City's Core Values including Accountable and Responsive City Government.
FISCAL IMPACT: The Civic Center and Old Town Parking Garage Architectural and Engineering Services are included in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2027-2031 as City Facilities Rehabilitation, PWFR-11. The City Facilities Rehabilitation is funded with Development Impact Fees (DIF)-Corporate Facilities, the Facilities Replacement Fund, and the General Fund. Adequate funds are available in the project account to cover the proposed agreement amount of $111,100 and the annual contingency amount of $11,110, for a total initial encumbrance of $122,210.
ATTACHMENTS: 1. Agreement
2. Project Description
Docusign Envelope ID: 7C9514135-BEE1-8214-816A-4637031FBC97
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND NICHOLS-MELBURG & ROSSETTO, AIA &
ASSOCIATES, INC.
CIVIC CENTER AND OLD TOWN PARKING GARAGE ARCHITECTURAL AND
ENGINEERING SERVICES
THIS AGREEMENT is made and effective as of July 28, 2026, between the City of Temecula , a municipal corporation hereinafter referred to as "City"), and Nichols-Melburg & Rossetto, AIA & Associates, Inc., 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 28, 2026, and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 28, 2029, unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for two (2) additional one (1) year terms. In no event shall the contract be extended beyond July 28, 2031.
At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and payment schedule based on the annual percentage change of the Consumer Price Index (CPI) for All Urban Consumers for the Riverside —San Bernardino —Ontario Core Based Statis-tical Area, using the most recently published month. Any such adjustment shall not exceed 4 percent and must be approved by the Director of the Public Works Department.
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. 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 01 /01 /2026
Docusign Envelope ID: 7C9514B5-BEE1 -8214-816A-4637031 FBC97 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.
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
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
HUNDRED ELEVEN THOUSAND ONE HUNDRED DOLLARS AND ZERO CENTS ($111,100.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement.
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.
The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement per year as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council.
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 01 /01 /2026
Docusign Envelope ID: 7C9514B5-BEE1 -8214-816A-4637031 FBC97 shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance.
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, 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 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. 01 /01 /2026
Docusign Envelope ID: 7C9514B5-BEE1 -8214-816A-4637031 FBC97 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.
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 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 01 /01 /2026
Docusign Envelope ID: 7C9514135-BEE1-8214-816A-4637031FBC97 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.
By executing this Agreement, Consultant 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 Consultant. 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, 01 /01 /2026
Docusign Envelope ID: 7C9514B5-BEE1 -8214-816A-4637031 FBC97 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.
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 01 /01 /2026
Docusign Envelope ID: 7C9514B5-BEE1 -8214-816A-4637031 FBC97 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.
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.
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
01 /01 /2026
Docusign Envelope ID: 7C9514B5-BEE1 -8214-816A-4637031 FBC97 41000 Main Street
Temecula, CA 92590
To Consultant: Nichols-Melburg & Rossetto, AIA & Associates, Inc.
Attn: Kyle Matti
300 Knollcrest Dr.
Redding, California 96002
16. ASSIGNMENT; CONSULTANT WORK WITH ITS EMPLOYEES;
SUBCONTRACTS
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. Consultant shall perform all work under this agreement with its own employees unless City Manager approves in writing a subcontractor prior to the start of subcontractor's work. Consultant shall not retain independent contractors to perform work for it under this agreement. 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.
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.
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.
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.
01 /01 /2026
Docusign Envelope ID: 7C9514B5-BEE1 -8214-816A-4637031 FBC97
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. 01 /01 /2026
Docusign Envelope ID: 7C9514B5-BEE1 -8214-816A-4637031 FBC97 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA
By:
Jessica Alexander, Mayor
ATTEST:
By
Randi Johl, City Clerk
APPROVED AS TO FORM:
NICHOLS-MELBURG & ROSSETTO, AIA &
ASSOCIATES, INC. (Two Signatures of corporate officers
required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
Signed by:
wt,S� t i' ll 1
By. E652EEA1791A493...
Wesley King, Chief Financial Officer
DocuSigned by:
By:
L�,L M.A
Kyle Matti, Secretary
Signed by:
���
Val..i���/�.
By. C343357EB2E34B5..
Peter M. Thorson, City Attorney Consultant
NICHOLS-MELBURG & ROSSETTO, AIA &
ASSOCIATES, INC.
Kyle Matti
300 Knollcrest Drive
Redding, CA 96002
530-222-3300
matti(ctinmrdesim.com
Risk Mgmt.
El
01 /01 /2026
Docusign Envelope ID: 7C9514B5-BEE1 -8214-816A-4637031 FBC97
EXHIBIT A
TASKS TO BE PERFORMED
All tasks to be performed are per the proposal provided by the Contractor attached hereto and incorporated herein as though set forth in full. 11 01 /01 /2026
Docusign Envelope ID: 7C9514B5-BEE1 -8214-816A-4637031 FBC97
PROJECT UNDERSTANDING
Thank you for meeting with me to discuss several maintenance issues that are now present at the Temecula Civic Center. We would like to work collaboratively with you and the Facilities staff to develop the best solutions for these issues as there may be some trouble shooting involved with coming up with the solutions. We hope to tailor our services and project approach to match the expectations conveyed.
It is exciting to see a public works and facilities maintenance staff that are doing a great job maintaining the Civic Center and are eager to be proactive and creative about finding solutions to the current issues. This project must truly be a team effort and we are excited to be a part of the team. The issues identified as tasks on this project may performed in different orders and on different schedules depending on funding and the complexity of the solution. We are onboard for developing these strategies and schedules with you depending on the outcome of our analysis and proposed solutions.
Task A — Security Remodel at Lobby Desk
Improving staff safety at the Reception Counter and Community Development Counter will be an exciting task that will combine the safety / security for staff with the aesthetics of the Lobby space. Gaining an "escape route"for the main Lobby receptionist will be a critical component in the design in addition to adding glazing above the counters.
Task B— Prep for Painting Exterior
We are very familiar with the requirements for refinishing the Exterior Plaster Systems. This starts with analysis for crack repair in the plaster system. We will develop a specification for
Task C — Pre -cast Concrete Attachment
We have started doing some research on the existing
conditions and potential repairs for the pre -cast concrete panels that have detached from the exterior finish of the building. We reviewed the Construction Documents for the original building and the shop drawings for the pre -cast concrete panels, we were able to find them in our archives.
There are two types of panels shown on the shop drawings, one that should be attached with surface screws and another that is attached with concealed fasteners. It was apparent t� ;
MCity of Temecula Civic Center & Old Town Parking Garage RFP No. 3141 29 June 25, 2026
Docusign Envelope ID: 7C9514B5-BEE1 -8214-816A-4637031 FBC97 Task D — Roof Leaks in two locations
These two leaks are troublesome. John and Ryan from facilities maintenance have done a greatjob attempting to trace the origin of these leaks and solve the issues. We will jump in and provide a new perspective on possible reasons for the leaks and solutions to fix them. Based on our meeting onsite there are a few options for how water may be getting in that we would like to review in greater detail.
Task E — Parking Structure Condition Assessment
Our team proposes to perform the Parking structure analysis and design in two phases. Phase 1: Condition Assessment Report that outlines items in need of repair. Conceptual solutions issue discovered will be provided in the Assessment Report. Based on the findings of the Condition Assessment Report, we will move into the second portion of the Parking structure task. Phase 2: Construction Documents, including Engineering Design, Drawings, Calculations and Specifications suitable for building department review and bidding purposes. Items identified in Phase 1 will addressed.
FE-1City of Temecula Civic Center & Old Town Parking Garage RFP No. 314 1 30 June 25, 2026
Docusign Envelope ID: 7C9514B5-BEE1 -8214-816A-4637031 FBC97
OUR PROJECT DESIGN APPROACH
Our approach to design grows organically from our Client Service Model; we view design through the lens of a collaborative and interactive partnership with each of our clients. We do not design for you, we design with you.
The opportunities and challenges you bring to NMR in making design decisions fare diverse and complex, and demand active and collaborative design collaboration and its decision management with you. We focus all of our skills, powerful tools, and deep experience on creating solutions that best align with your vision, goals, program, and resources.
Here are some of the ways we leverage our experience, skills, and tools to the benefit of your design:
• Active listening to ensure a keen understanding of our clients' needs is a core skillset with our team.
• A thorough investigation and evaluation of potential solutions with input from across your enterprise, to distill a basis of design that is responsive, complete, and aligned with your resources; • A clear and concise presentation and documentation of the preferred design direction to support its communication to your board, clinical leadership, stakeholders, and community; • Preparing Construction Documents and a Project Manual which provide the reviewing authority, contractor, and
subcontractors with the highest level of accuracy, compliance, and constructability, and which have been peer -reviewed internally at NMR and externally when required;
• Extensive,frequent, and thoroughly documented coordination among the architect, client, contractor, regulatory authority, project consultants, and other project delivery team members; • NMR provides careful consideration of the construction sequence and life safety measures.
IWAI
City of Temecula Civic Center & Old Town Parking Garage RFP No. 314 1 31 June 25, 2026
Docusign Envelope ID: 7C9514B5-BEE1 -8214-816A-4637031 FBC97 PROJECT DESIGN APPROACH: QUALITY CONTROL PROGRAM
To maintain the highest level of consistent quality NMR will:
IMPLEMENT OUR THOROUGH QA/QC PROGRAM, which is based
on experience accumulated through our nearly fifty years. As building codes, building technology, and computer modeling tools are rapidly evolving, we are constantly updating our production manual and providing continuing education to our architects and technical staff. We also conduct comprehensive reviews of our documents at each stage of the design process.
Techniques ranging from traditional checklists to advanced 3-D modeling conflict detection enable NMR to produce quality results.
UTILIZE OUR PRODUCTION MANUAL ON A PROJECT SPECIFIC LEVEL.
At NMR we have developed a comprehensive Production Manual that contains descriptions of document content and consultant coordination checklists for each discipline. These manuals are distributed to each of our staff to assure consistency in the content and quality of our documents. Our staff use this manual to ensure all of the features common to each drawing type are included. Our staff diligently utilizes the interdisciplinary coordination checklists. We gladly integrate any client -mandated QA or QC protocols, guidelines or checklists into our project approach.
Q NORTH
ROOF
W
)OR
• MAINTAIN A PRODUCT FILE & TECHNICAL CHECKLIST: Upon design commencement, the project file and technical project checklist provides a record of all considerations and decisions regarding materials and methods to be used in construction. The technical project checklist serves as a comprehensive guide for preparation of the Construction Documents. The product file supplies a reference of all materials considered or selected for incorporation in the project. It also presents supporting information for the review of materials during the construction phase. • FOLLOW A CONSISTENT DRAWING & SPECIFICATION FORMAT: The firm maintains written standards for the production of Contract Documents, with the goal of preserving consistency of content and quality throughout each set of work. We have developed and refined standard details for conditions common to most projects. We utilize these details to streamline the design of routine project elements with proven solutions, which allows us to focus on coordination and the design of unique project elements and conditions.
CONDUCT QUALITY CONTROL / IN-HOUSE DRAWING REVIEW: NMR organizes and initiates web -based meetings with our engineering and design consultants and construction trade partners at regular intervals appropriate for the type and complexity of each project. We find that simultaneously viewing building models produced by each project design participant enables us to identify problems and arrive at optimized solutions more quickly. A BIM agreement is essential to this process.
The agreement is signed by all design parties and clearly delineates responsibilities for modeling of each building systems and the level of development required for each system at each project phase. We have also found that including design/build trade partners and/or major subcontractors in this process allows them to seamlessly integrate the building models into their shop drawings, and in some cases use it directly for component fabrication. Submittal review time decreases, and fabrication errors decline, and speed of construction increases.
IWAI
City of Temecula Civic Center & Old Town Parking Garage RFP No. 314 1 32 June 25, 2026
Docusign Envelope ID: 7C9514135-BEE1-8214-816A-4637031FBC97 PROJECT DESIGN APPROACH:
SCHEDULE CONTROL / BUDGET CONTROL
SCHEDULE CONTROL: We have has provided architectural services for many successful county projects that included tight timelines for design and construction. To facilitate fast -track schedules, we work closely with our experienced consultant team. Our team has been carefully selected for both their expertise and their ability to expedite work to match our production pace. As a team familiar with working together, we understand the expectation to meet all established project milestones. There is no learning curve for our well -seasoned team.
We use a critical path method -based project management system for scheduling and controlling projects as they progress. The initial project schedule is developed using Microsoft Project at the time of project inception. The schedule establishes milestones and task durations which are mentioned and tracked against a baseline over the duration of the project. We work closely with our clients to ensure that we have created a schedule responsive to their needs with achievable milestones. Our project schedules can also include activities outside the design process that are specific to our client's interests; these will be monitored and updated as well. A detailed current schedule is always available and can be accessed at any time, by any project team member through NMR Alliance, our web -based project management system.
BUDGET CONTROL: Our guiding principle is to balance functional and aesthetic elements with innovative technical solutions. Our designs are dictated solely by the requirements and goals of our clients, taking into account the site, functional and environmental concerns. Our balanced approach generates cost effective designs. We weigh initial costs versus life -cycle costs as directed by our Clients, and are capable of creating appealing designs fully recognizing budget parameters. The ability to be flexible, coupled with a deep respect for the interests of every client and the realities of budgets and schedules, allows us to deliver a body of work that is a source of pride for our clients and our team.
IWAI
City of Temecula Civic Center & Old Town Parking Garage RFP No. 314 1 33 June 25, 2026
Docusign Envelope ID: 7C9514B5-BEE1 -8214-816A-4637031 FBC97
PROJECT MANAGEMENT APPROACH
NMR'S ALLIANCE2BUILD PROJECT MANAGEMENT SYSTEM
Nichols, Melburg & Rossetto has developed Alliance2Build, a proprietary, web -based project management and collaboration solution. This allows our clients to have access to real-time information on all aspects of their project through an interface available through any computer Internet browser 24/7. Clients can review the project executive summaries, meeting minutes, project schedules and agency review status during the design phase. During construction, clients have real time access to RFI's, Change Orders, submittals, testing and inspection reports and requests for payment.The Alliance2Build System also automatically notifies all project stake holders when important information has been uploaded or major milestones have been achieved.
Project team members, including client, contractor, architects, consultants, inspectors and the owner's project managers, share a centralized database of project information and documents through the use of the Alliance2Build system.
Advantages to the Project Team include:
• Improved quality and speed of project communications and delivery • Encouragement and promotion of the best design and construction practices and project team communication.
• Rapid access and retrieval of project information
• Improved quality of project documentation and centralized filing Project management and Schedule control are simplified and enhanced by:
• Milestone events and easy access to the project schedule for the entire team • Report generation and status updates
• System generated reminders via email for specific actions • Consistent project delivery
PROJECT
SITE
CONSULTANT
OFFICE
TRAVELING /
HOTEL r
1 CUEII
OFFIC
INSPECTOR
OF RECORD
CONTRACTOR
Q T
ARCHITECT
1 �
HOME AGENCY
BENEFITS OF USING
ALLIANCE2BUILD TO
THE PROJECT TEAM:
CLIENT:
• Multiple Project Milestones /
Schedules organized and easily
accessible
• Project Status Reports
• Project Team Directory
• Meeting Minutes
• Facility Documents
• Agency Review Status Module
CONSULTANT:
• Simplified RFI Review
• CA Log and Document Access
• Submittal Review
• Project Budget
CONTRACTOR:
• Faster RFIResponseTime
• Access to CA Logs & Status
• Faster Payment Request
Processing
• Access to Meeting Reports
INSPECTOR:
• Uploading and Distributing
of Inspector Reports and
attachments
NMR:
• Control and organization of
project documents
• Reports and Status Updates
• Automatic Reminders on each
action
• Consistent Project Delivery
Fowl] City of Temecula Civic Center & Old Town Parking Garage RFP No. 314 1 34 June 25, 2026
Docusign Envelope ID: 7C9514B5-BEE1 -8214-816A-4637031 FBC97
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 $111,100.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
12 01 /01 /2026
Docusign Envelope ID: 7C9514135-BEE1-8214-816A-4637031FBC97 June 25, 2026
Emalee Manning
Assistant Engineer II
City of Temecula
41000 Main St.
Temecula, CA 92590
RE: A&E Services
City of Temecula Maintenance Projects
Dear Emalee:
Thank you for meeting with me to discuss several maintenance issues that are now present at the Temecula Civic Center. We would like to work collaboratively with you and the Facilities staff to develop the best solutions for these issues as there may be some trouble shooting involved with coming up with the solutions.
We hope to tailor our services and project approach to match the expectations conveyed. As with all of our projects, we seek to negotiate a fee which is fair and reasonable, and that provides us and our consultants with the resources necessary to produce the desired results for the City.
The scope of our services will include the following tasks.
Task No. 1 — Security Remodel at Lobby Desk
■ Add glazing above Counter. Possible redesign of desk if necessary. • Add doors into reception area and from reception area into conference room in Development Services.
Task No. 2 — Prep for Painting Exterior
■ Provide recommendations for crack repair in Exterior Plaster System ■ Exterior elevations indicating repair locations and painting scope ■ Specifications
Task No. 3 — Pre -cast Concrete Attachment
■ Review current attachment methods.
o Shop Drawings from original Construction
o Original Construction Documents
o Actual site conditions (destructive by others testing if required) • Review project with Precast Concrete Manufacturer for recommended attachment method ■ Provide recommendations for re -attachment of various portions of the precast concrete systems. ■ Construction Documents: Plans, elevations, details, specifications for final solution.
Task No. 4 — Roof Leaks in two locations
■ Review troublesome leaks and solutions with Facilities staff. o Upper tower leak into 3rd floor conference room.
0 2nd floor balcony leak into Public works open office. nmrdesign.com
REDDING
CHICO
MONTEREY
SANTA ROSA
300 Knollcrest Drive
555 Main Street, Suite 300
769 Pacific Street
2455 Bennett Valley Rd, Ste B303
Redding, CA 96002
Chico, CA 95928
Monterey, CA 93940
Santa Rosa, CA 95404
(530) 222-3300
(530) 891-1710 Page 1 of 2
(860) 459-4629
(707) 536-2121
Docusign Envelope ID: 7C9514135-BEE1-8214-816A-4637031FBC97 Task No. 5 — Parking Structure Condition Assessment
■ Phase 1: Condition Assessment Report that outlines items in need of repair. Conceptual solutions issue discovered will be provided in the Assessment Report. ■ Phase 2: Construction Documents, including Engineering Design, Drawings, Calculations and Specifications suitable for building department review and bidding purposes. Items identified in Phase 1 will addressed.
■ The items specifically note that must be reviewed are:
o Spalling at the top of one of the basement walls.
o Cracks in the slab that drip a dark oily substance when there is a heavy rain. o Horizontal Cracks in the columns on the roof level supporting the PV array. o Other cracks throughout the parking structure.
We propose to provide services for the tasks listed above for the fixed fee amounts listed below.
Construction
Tasks Design Bidding Observation Total
1 Security Remodel at Lobby Desk
$8,500
$800
2 Exterior Paint / Plaster prep
$16,000
$1,500
3 Precast Concrete Attachment
$34,500
$1,500
4 Roof Leaks (2 locations)
$3,500
$800
5 Parking Structure Condition Assessment (Phase 1)
$28,000
Total Design Fees
$90,500 $4,600
$1,500
$10,800
$5,000
$22,500
$8,000
$44,000
$1,500
$5,800
$28,000
$16,000 1 $111,100
Additional services may be necessary for specific components of this project, depending on what is discovered while investigating these issues. A few of these additional services that we may be able to assist with are listed below.
A. Destructive Testing/inspection, not by NMR.
B. Phase 2 of the Parking Structure Assessment
Thank you again for selecting our firm to assist with this project.
Sin
cer ly,
- Ie MPtti
Principal Architect
REDDING
300 Knollcrest Drive
Redding, CA 96002
(530) 222-3300
CHICO
555 Main Street, Suite 300
Chico, CA 95928
(530) 891-1710
nmrdesign.com
MONTEREY
769 Pacific Street
Monterey, CA 93940