Agenda packet — Wildomar City Council, July 12, 2023 (part 3 of 3)

1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

SEC. 2.5. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or 541
5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 11/20 detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Off street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 542 5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 12/20 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time.
(5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision.
(10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, 543
5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 13/20 the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
(1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit. (B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
544
5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 14/20 (C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(D) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit.
(E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c).
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet.
(ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
545
5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 15/20 (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. 546 5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 16/20 (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
547
5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 17/20 (12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part

SEC. 3. Section 65852.2 of the Government Code, as amended by Section 2 of Chapter 343 of the Statutes of 2021, is repealed.

SEC. 4. Section 65852.22 of the Government Code is amended to read:
65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. (2) Require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. (B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. (5) (A) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence. (B) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
548
5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 18/20 (A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards.
(c) (1) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60- day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (2) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(d) A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this section due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit.
(e) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (f) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (g) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (h) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(i) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (3) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, 549
5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 19/20 applicable planning departments, building departments, utilities, and special districts.

SEC. 5. Section 65852.23 is added to the Government Code, to read:
65852.23. (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, due to either of the following:
(1) The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (2) The accessory dwelling unit does not comply with Section 65852.2 or any local ordinance regulating accessory dwelling units.
(b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. (c) The section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.

SEC. 6. Section 17980.12 of the Health and Safety Code is amended to read:
17980.12. (a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:
(A) The accessory dwelling unit was built before January 1, 2020. (B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety. (3) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of a violation on the primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety. (4) The enforcement agency shall grant an application described in paragraph (2) if the enforcement agency determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146. (5) The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (4).
(b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2. (c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.

SEC. 7. Section 2.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bill and Assembly Bill 2221. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65852.2 of the Government Code, and (3) this bill is enacted after Assembly Bill 2221, in which case Section 2 of this bill shall not become operative.

SEC. 8. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or 550 5/24/23, 9:37 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 20/20 assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
551

CITY OF WILDOMAR

CC - REGULAR MEETING

GENERAL BUSINESS
Agenda Staff Report # 3.1
Meeting Date: July 12, 2023
SUBJECT:

FY2022-23 4th Quarter Budget Report
SUBMITTED BY:

Adam Jantz
PREPARED BY:

Adam Jantz

ACTION:

Review and approve the Fiscal Year 2022-23 4th Quarter Budget Report, and adopt a Resolution entitled:

RESOLUTION NO. 2023 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AUTHORIZING ADJUSTMENTS TO THE FY2022-23 BUDGETED REVENUES AND

EXPENSES
SUMMARY:

FY2022-23 4th Quarter Budget Report

BACKGROUND:

This 4th Quarter budget report for Fiscal Year 2022-23 reflects the Finance Division of the Administrative Services Department’s continued efforts to provide timely, accurate, and understandable financial information to assist the City Council with the decision-making process. All funds have been reviewed in preparing this report.

DISCUSSION:

For the 4th Quarter Budget Report, the City proposes the adjustments in the attached report.

The General Fund revenues are proposed to increase by $803,200. Most of this increase is in development revenue and property taxes. Property Taxes and Vehicle License Fees have come in higher than originally projected and adjustments are being made accordingly. Building & Safety Fee revenue is increasing by $70,000 due to high permitting activity. Private Development has continued to be high throughout the year and therefore both the revenues and corresponding expenditures are increasing by $181,200.

In the General Fund, a net increase in expenditures of $300,100 is proposed. Most of this is 552
related to developer-reimbursed expenses and is covered by the increased Private development revenue. The City Attorney budget is increasing $40,000 due to higher utilization of legal consulting. There is also an increase of $42,400 in Administrative Services due to the utilization of temporary contract services staff.

For Other General Funds, there is an increase in revenue of $520,100 to reflect the Cannabis Development Agreement fees received. There is also an increase in ARPA interest income resulting from higher interest rates. For expenditures, ARPA funds for contract homeless services are being de-appropriated as these functions are now being performed by City staff.

In the remaining Non-General Fund revenues, TDA Fund 203 is being reduced to reflect the actual reimbursements received in FY2022-23. Development Impact Fee Funds are increasing by $386,000 in aggregate based on actual revenues received.

For the expenditures in Non-General Funds, there is an overall increase of $106,700. The largest increase is in Measure Z resulting from higher security patrol costs at the parks.

These proposed changes reflect the Administrative Services Department’s efforts to provide accurate financial information to the public and City Council in order to assist with the decision-making process.

FISCAL IMPACT:
$803,200 General Fund Revenue Net Increase
$300,100 General Fund Expenditures Net Increase
$600,100 Other General Funds Revenue Net Increase
$7,100 Other General Funds Expenditures Net Decrease
$182,300 Non-General Fund Revenue Net Decrease
$106,700 Non-General Fund Expenditures Net Increase

ATTACHMENTS:

FY22-23 4th Quarter Budget Report.pdf
FY22-23 4th Quarter Budget Resolution.docx
FY2023 4th Quarter Budget Review Presentation.pdf
553
Beginning Fund
Balance Projected
Approved
Revenues
Proposed 4th
Quarter Revenue
Adjustments
Estimated Funds
Available
Approved
Appropriations
Proposed 4th
Quarter
Expenditure
Adjustments
Estimated
Available Fund
Balance
6/30/2022 + 2022-23 + 2022-23 = 2022-23 - 2022-23 - 2022-23 6/30/2023 General Funds
100 General Fund 3,241,377$ 16,825,800$ 803,200$ 20,870,377$ 16,704,400$ 300,100$ 3,865,877$ Other General Funds
110 Development Agreement 482,646 365,900 520,100 1,368,646 - - 1,368,646 115 ARPA Fund 4,016,692 4,546,300 80,000 8,642,992 8,545,000 (104,000) 201,992 120 Measure AA 5,895,809 5,794,400 - 11,690,209 4,719,200 16,900 6,954,109 125 General Plan Update 109,325 200,000 - 309,325 268,700 80,000 (39,375) Total General Funds 13,745,849 27,732,400 1,403,300 42,881,549 30,237,300 293,000 12,351,249 Non-General Funds
200 Gas Tax (437,980) 1,414,500 - 976,520 981,700 - (5,180) 201 Measure A 848,127 810,100 - 1,658,227 1,174,900 - 483,327 203 TDA Fund - 1,088,800 (813,800) 275,000 275,000 - - 210 AQMD 249,429 46,100 - 295,529 6,900 - 288,629
212 Waste Services - 1,612,000 94,400 1,706,400 112,800 14,300 1,579,300 220 CFD 2022-1 (1,367) - - (1,367) 3,200 - (4,567)
221 CFD 2022-2 (1,279) - - (1,279) 2,400 - (3,679)
251 LLMD 89-1C 1,159,358 338,600 2,200 1,500,158 239,700 18,500 1,241,958 252 CSA-22 (101,394) 32,000 - (69,394) 46,500 - (115,894) 253 CSA-103 (275,569) 220,100 - (55,469) 203,500 - (258,969) 254 CSA-142 99,145 37,500 - 136,645 35,500 1,000 100,145 255 Measure Z Parks Fund 93,157 438,300 500 531,957 452,300 61,700 17,957 259 CFD 2017-1 DIF Deferral 24,081 89,300 - 113,381 83,800 - 29,581 260 CFD 2013-1 Zn 1 & 2 241,980 55,300 3,500 300,780 71,000 - 229,780 261 CFD 2013-1 Annex 1 Zone 3 391,018 62,700 4,300 458,018 83,700 - 374,318 262 CFD 2013-1 Annex 2 Zone 4 (3,762) 300 - (3,462) 1,000 300 (4,762) 263 CFD 2013-1 Annex 3 Zone 5 202,704 41,500 2,600 246,804 50,500 - 196,304 264 CFD 2013-1 Annex 4 Zone 6 - - - - - - -
265 CFD 2013-1 Annex 5 Zone 7 - - - - - - -
266 CFD 2013-1 Annex 6 Zone 8 41,455 9,100 600 51,155 10,500 - 40,655 267 CFD 2013-1 Annex 7 Zone 9 62,149 11,300 900 74,349 11,300 - 63,049 268 CFD 2013-1 Annex 8 Zone 10 - 10,800 10,500 21,300 - - 21,300 269 CFD 2013-1 Spec Tax B 197 128,600 36,200 164,997 128,600 - 36,397 270 CFD 2013-1 Zone 11 67,873 17,100 1,300 86,273 17,100 - 69,173 271 CFD 2013-1 Zone 13 3,069 1,200 - 4,269 1,300 - 2,969 272 CFD 2013-1 Zone 14 26,231 7,500 - 33,731 6,900 - 26,831 273 CFD 2013-1 Zone 15 42,315 16,800 1,300 60,415 16,800 - 43,615 274 CFD 2013-1 Zone 16 11,642 7,100 - 18,742 7,100 - 11,642 275 CFD 2013-1 Zone 17 - - - - - - -
276 CFD 2013-1 Zone 18 38,499 20,200 1,000 59,699 34,600 - 25,099 277 CFD 2013-1 Zone 19 86,675 75,000 11,200 172,875 15,900 - 156,975 278 CFD 2013-1 Zone 20 - - - - - - -
279 CFD 2013-1 Zone 21 2,311 2,400 200 4,911 2,400 - 2,511 280 Grants (246,595) 278,600 - 32,005 58,200 - (26,195) 281 SLESF (0.14) 163,000 2,300 165,300 150,000 - 15,300 282 CDBG (33,705) - - (33,705) 65,500 - (99,205)
283 PEG Grant 83,504 35,000 - 118,504 26,800 - 91,704
284 Streetlights 143,003 178,600 - 321,603 174,100 1,000 146,503 290 COVID-19 - - - - - - -
300 Cemetery 1,057,551 727,800 72,500 1,857,851 1,340,700 - 517,151 301 Cemetery Endowment 289,167 155,000 - 444,167 - - 444,167 302 Cemetery CIP 16,107 21,300 - 37,407 21,300 3,200 12,907 410 Administrative Svs - Dif (112,315) 7,100 - (105,215) - 3,500 (108,715) 420 Public Facilities - Dif 446,456 96,900 9,300 552,656 - - 552,656 421 Police - Dif 558,410 61,600 5,500 625,510 - - 625,510 422 Animal Shelter - Dif (766,768) 44,300 8,300 (714,168) 120,700 - (834,868) 423 Corporate Yard - Dif 3,071 15,400 2,400 20,871 - - 20,871 430 Fire Facilities - Dif 809,445 81,700 13,900 905,045 - - 905,045 440 Trans & Roads - Dif 3,618,206 680,700 108,500 4,407,406 1,549,100 - 2,858,306 450 Trans & Signals -Dif 344,034 90,800 7,200 442,034 498,100 - (56,066) 451 Drainage - Dif 974,559 333,500 23,000 1,331,059 139,000 - 1,192,059 460 Park Land Acquisitions-Dif (59,079) 110,700 18,500 70,121 2,500,000 - (2,429,879) 461 Park Improvements-Dif 954,329 751,900 148,100 1,854,329 163,000 - 1,691,329 470 Community Center - Dif 361,553 85,800 14,800 462,153 - - 462,153 480 Multi-purpose Trails - Dif 492,927 149,000 26,500 668,427 294,000 - 374,427 490 Library - Dif 32,623 - - 32,623 19,000 - 13,623
500 RMRA Capital Projects 898,062 819,700 - 1,717,762 132,200 - 1,585,562 501 Capital Reinvestment (11,082) 928,600 - 917,518 339,800 - 577,718 502 RCFC Fund (297,820) 122,800 - (175,020) 48,500 - (223,520) 503 TUMF Fund (1,343,671) 4,232,200 - 2,888,529 2,888,500 700 (671) 504 CMAQ Fund - - - - - - -
505 MSRC Fund - - - - - - -
506 HSIP Fund (10,429) 449,500 - 439,071 46,000 - 393,071 507 Misc State Funded Projects (30,764) 1,454,000 - 1,423,236 30,900 2,500 1,389,836 508 Local Capital Grants (63,497) 1,529,900 - 1,466,403 1,327,400 - 139,003 Total Non-General Funds 10,977,343$ 20,199,600$ (182,300)$ 30,994,643$ 16,009,700$ 106,700$ 14,878,243$ Total City Funds 24,723,192$ 47,932,000$ 1,221,000$ 73,876,192$ 46,247,000$ 399,700$ 27,229,492$ 49,153,000$ 46,646,700$
FY 2022-23 Budget Review
4th Quarter FY2022-23
Total City of Wildomar Budget Summary
Total Adjusted Expenditures:Total Adjusted Revenue:
1 554
City of Wildomar
Revenue Group Budget Report
4th Quarter Report FY 2022/23
July 1st, 2022 to June 30th, 2023
12 Month Remaining % Requested Proposed
Account Number Budget Preliminary Actuals Budget Received Budget Change Budget 100 General Fund
3100 Sales & Use Tax 3,106,100 2,511,023 595,077 81% - 3,106,100 3104 Pass-Through Property Tax 178,500 218,854 (40,354) 123% 40,400 218,900 3105 Property Tax-Secured 4,390,800 4,561,797 (170,997) 104% 171,000 4,561,800 3106 Property Tax-Unsecured 211,600 211,548 52 100% - 211,600 3107 Property Tax-Prior Year 129,200 92,988 36,212 72% - 129,200 3108 Property Tax-HOPTR 45,100 33,956 11,144 75% - 45,100 3109 Property Tax-Supplemental, SBE 70,700 184,819 (114,119) 261% 115,000 185,700 3110 Real Property Transfer Tax 197,700 155,313 42,387 79% - 197,700 3113 Property Tax-Misc Adjustments 1,100 - 1,100 0% - 1,100 3120 Franchise Fee-Solid Waste 390,000 297,203 92,797 76% - 390,000 3121 Franchise Fee-Electricity 390,000 432,937 (42,937) 111% 43,000 433,000 3122 Franchise Fee-Gas 118,700 118,651 49 100% - 118,700 3123 Franchise Fee Cable-Charter 180,000 133,875 46,125 74% - 180,000 3124 Franchise Fee-Telecomm-Frontier 115,000 51,685 63,315 45% - 115,000 3200 Business Registration Fee 55,000 20,403 34,597 37% (20,000) 35,000 3201 NPDES Inspection Fee 2,000 983 1,018 49% - 2,000 3210 Planning Fee 2,000 1,475 525 74% - 2,000 3220 Cannabis Application Fee 40,000 21,919 18,081 55% - 40,000 3221 Cannabis Regulatory Fee 428,000 356,539 71,461 83% - 428,000 3100 C
annabis Sales Tax 316,200 - 316,200 0% - 316,200 3230 Develop/Engineering Permit Fee 20,000 10,975 9,025 55% - 20,000 3235 Encroachment Permit 106,600 117,150 (10,550) 110% 11,000 117,600 3240 Building & Safety Fee 550,000 614,977 (64,977) 112% 70,000 620,000 3243 BSAF Admin Retention Revenue 1,000 - 1,000 0% - 1,000 3244 MSHCP Admin Fee 8,000 7,389 611 92% - 8,000 3250 Fire Fees 76,200 73,005 3,195 96% - 76,200 3260 Private Development Fee - Pln & Bld 1,081,400 1,160,425 (79,025) 107% 91,200 1,172,600 3261 Development Engineering Fee 676,500 624,844 51,656 92% 90,000 766,500 3268 Code Enforcement Revenue 110,000 32,897 77,103 30% - 110,000 3270 Fines & Forfeitures 27,000 19,076 7,924 71% - 27,000 3271 AMR Fines 20,000 25,372 (5,372) 127% 10,300 30,300 3300 Abandoned Property Registration 1,200 1,100 100 92% - 1,200 3310 Public Safety Revenue 17,000 13,155 3,845 77% - 17,000 3320 Special Event Revenue 8,000 5,965 2,035 75% - 8,000 3321 Community Room Rental Fee 1,700 1,820 (120) 107% 200 1,900 3324 RTA Bus Pass 500 90 410 18% - 500 3500 Motor Vehicle License Fee 30,000 37,639 (7,639) 125% 7,700 37,700 3501 Vehicle License Fee Replacement SB130 3,110,000 3,166,686 (56,686) 102% 56,700 3,166,700 3525 SB90 State Mandated Cost Reimb 17,
000 - 17,000 0% - 17,000 3800 Interest Income 224,000 279,684 (55,684) 125% 55,700 279,700 3801 Gain or Loss on Investment (69,000) (5,020) (63,980) 7% 60,000 (9,000) 3803 NSF Fees 100 - 100 0% - 100 3810 Settlement Proceeds - 521 (521) 0% 600 600 3811 Tax Credits/Refunds 9,500 9,464 36 100% - 9,500 3848 Breakfast with Santa 2,000 1,555 445 78% (400) 1,600 3850 Miscellaneous Income 15,000 12,302 2,698 82% - 15,000 3852 Donations - 2 (2) 0% 600 600 3856 Community Clean-Up Reimb. - 1,413 (1,413) 0% 1,500 1,500 3900 Transfers In 411,100 - 411,100 0% - 411,100 3903 DAERF Administrative Services Fees 300 147 153 49% - 300 3955 Public Surplus Revenue 3,000 2,671 329 89% (1,300) 1,700 Total General Fund 16,825,800 15,621,270 1,204,530 93% 803,200 17,629,000 110 Development Agreement
3222 Cannabis Development Agreement Fee 361,000 881,008 (520,008) 244% 520,100 881,100 3800 Interest Income 4,900 4,199 701 86% - 4,900 3801 Gain or Loss on Investment - (1,207) 1,207 0% - - Total Development Agreement 365,900 884,000 (519,307) 242% 520,100 886,000 2 555
City of Wildomar
Revenue Group Budget Report
4th Quarter Report FY 2022/23
July 1st, 2022 to June 30th, 2023
12 Month Remaining % Requested Proposed
Account Number Budget Preliminary Actuals Budget Received Budget Change Budget 115 ARPA Fund
3540 American Rescue Plan Act Revenue 4,453,000 4,452,984 16 100% - 4,453,000 3800 Interest Income 93,300 170,186 (76,886) 182% 80,000 173,300 3801 Gain or Loss on Investment - (2,871) 2,871 - - Total ARPA Fund 4,546,300 4,620,299 (73,999) 102% 80,000 4,626,300 120 Measure AA Fund
3100 Sales & Use Tax 5,667,600 3,986,017 1,681,583 70% - 5,667,600 3800 Interest Income 101,800 85,156 16,644 84% - 101,800 3801 Gain or Loss on Investment - (15,087) 15,087 - - 3810 Settlement Proceeds 25,000 25,000 - 100% - 25,000 Total Measure AA Fund 5,794,400 4,081,086 1,713,314 70% - 5,794,400 125 General Plan Update Fund
3900 Transfers In 200,000 - 200,000 - 200,000 Total General Plan Update Fund 200,000 - 200,000 0% - 200,000 200 Gas Tax
3503 Gas Tax 2103 310,200 272,764 37,436 88% - 310,200 3505 Gas Tax 2105 227,800 190,705 37,095 84% - 227,800 3506 Gas Tax 2106 142,800 124,832 17,968 87% - 142,800 3507 Gas Tax 2107 289,700 259,704 29,996 90% - 289,700 3508 Gas Tax 2107.5 6,000 6,000 - 100% - 6,000 3900 Transfers In 438,000 437,980 20 100% - 438,000 Total Gas Tax 1,414,500 1,291,985 122,515 91% - 1,414,500 201 Measure A
3520 Measure A Revenue 810,000 767,650 42,350 95% - 810,000 3800 Interest Income 100 - 100 0% - 100 Total Measure A 810,100 767,650 42,450 95% - 810,100 203 TDA Fund
3524 TDA Article 3 Rev 1,088,800 - 1,088,800 0% (813,800) 275,000 Total TDA Fund 1,088,800 - 1,088,800 0% (813,800) 275,000 210 AQMD
3510 AQMD-AB2766 46,000 36,139 9,861 79% - 46,000 3800 Interest Income 100 - 100 0% - 100 Total AQMD 46,100 36,139 9,961 78% - 46,100 3 556
City of Wildomar
Revenue Group Budget Report
4th Quarter Report FY 2022/23
July 1st, 2022 to June 30th, 2023
12 Month Remaining % Requested Proposed
Account Number Budget Preliminary Actuals Budget Received Budget Change Budget 212 Waste Services
3120 Franchise Fees-Solid Waste 1,450,000 1,400,000 50,000 97% - 1,450,000 3131 Street Sweeping Mitigation Fee 150,000 150,000 - 100% - 150,000 3800 Interest Income 12,000 8,700 3,300 72% - 12,000 3801 Gain or Loss on Investment - (2,501) 2,501 0% - - 3980 Reimb. Of City Costs - 94,348 (94,348) 0% 94,400 94,400 Total Waste Services 1,612,000 1,650,546 (38,546) 102% 94,400 1,706,400 251 LLMD 89-1C
8181 Zone 181 Special Assessment 26,900 26,698 202 99% - 26,900 8803 Zone 3 Special Assessment 109,900 106,128 3,772 97% - 109,900 8818 Zone 18 STL Special Assessment 900 852 48 95% - 900 8826 Zone 26 STL Special Assessment 1,200 1,220 (20) 102% 100 1,300 8827 Zone 27 STL Special Assessment 1,400 1,390 10 99% - 1,400 8829 Zone 29 Special Assessment 1,100 1,039 61 94% - 1,100 8830 Zone 30 Special Assessment 34,600 34,172 428 99% - 34,600 8835 Zone 35 STL Special Assessment 100 (18) 118 -18% - 100 8842 Zone 42 Special Assessment 36,700 36,223 477 99% - 36,700 8850 Zone 50 STL Special Assessment 400 257 143 64% - 400 8851 Zone 51 Special Assessment 8,700 9,600 (900) 110% 900 9,600 8852 Zone 52 Special Assessment 70,000 68,782 1,218 98% - 70,000 8859 Zone 59 Special Assessment 5,500 5,824 (324) 106% 400 5,900

8862 Zone 62 Special Assessment 18,800 18,387 413 98% - 18,800 8867 Zone 67 Special Assessment 8,100 7,732 368 95% - 8,100 8870 Zone 70 STL Special Assessment 1,300 1,333 (33) 103% 100 1,400 8871 Zone 71 Special Assessment 11,600 12,210 (610) 105% 700 12,300 8872 Zone 71 Spec. Assess-Lighting 500 396 104 79% - 500 8873 Zone 73 STL Special Assessment 900 849 51 94% - 900 Total LLMD 89-1C 338,600 333,076 5,524 98% 2,200 340,800 252 CSA-22
3550 Special Assessment 32,000 30,828 1,172 96% - 32,000 Total CSA-22 32,000 30,828 1,172 96% - 32,000 253 CSA-103
3557 Special Assessment - Street Lights 154,100 149,939 4,161 97% - 154,100 3558 Special Assessment - Landscape 23,100 21,796 1,304 94% - 23,100 3970 SCE Refunds 42,900 42,838 62 100% 42,900 Total CSA-103 220,100 214,573 5,527 97% - 220,100 254 CSA-142
3550 Special Assessment 37,500 36,484 1,016 97% - 37,500 Total CSA-142 37,500 36,484 1,016 97% - 37,500 4 557
City of Wildomar
Revenue Group Budget Report
4th Quarter Report FY 2022/23
July 1st, 2022 to June 30th, 2023
12 Month Remaining % Requested Proposed
Account Number Budget Preliminary Actuals Budget Received Budget Change Budget 255 Measure Z Park
3320 Special Event Revenue 26,400 5,630 20,770 21% - 26,400 3550 Special Assessment 400,600 345,052 55,548 86% - 400,600 3553 Marna O'Brien Park-Facility Rent 11,000 11,466 (466) 104% 500 11,500 3555 Windsong Park-Facility Rent 100 45 55 45% - 100 3800 Interest Income 200 - 200 0% - 200 Total Measure Z Park 438,300 362,193 76,107 83% 500 438,800 259 CFD 2017-1 DIF Deferral
3552 Special Assessment 89,300 85,304 3,996 96% - 89,300 Total CFD 2017-1 89,300 85,304 3,996 96% - 89,300 260 CFD 2013-1
3551 Special Assessment Tax - Zone 1 33,900 35,715 (1,815) 105% 1,900 35,800 3552 Special Assessment Tax - Zone 2 21,400 22,965 (1,565) 107% 1,600 23,000 Total CFD 2013-1 55,300 58,680 (3,380) 106% 3,500 58,800 261 CFD 2013-1 Zn 3
3551 Special Assessment Tax A- Maintenance 62,700 66,932 (4,232) 107% 4,300 67,000 Total CFD 2013-1 Annex 1 Zn 3 62,700 66,932 (4,232) 107% 4,300 67,000 262 CFD 2013-1 Zn 4
3551 Special Assessment Tax A- Maintenance 300 157 143 52% - 300 Total CFD 2013-1 Annex 2 Zn 4 300 157 143 52% - 300 263 CFD 2013-1 Zn5
3551 Special Assessment Tax A- Maintenance 41,500 44,028 (2,528) 106% 2,600 44,100 Total CFD 2013-1 Annex 3 Zn5 41,500 44,028 (2,528) 106% 2,600 44,100 266 CFD 2013-1 Zn8
3551 Special Assessment Tax A- Maintenance 9,100 9,668 (568) 106% 600 9,700 Total CFD 2013-1 Annex 6 Zn8 9,100 9,668 (568) 106% 600 9,700 267 CFD 2013-1 Zn9
3551 Special Assessment Tax A- Maintenance 11,300 12,111 (811) 107% 900 12,200 Total CFD 2013-1 Annex 7 Zn9 11,300 12,111 (811) 107% 900 12,200 268 CFD 2013-1 Zn10
3551 Special Assessment Tax A- Maintenance 10,800 21,258 (10,458) 197% 10,500 21,300 Total CFD 2013-1 Annex 8 Zn10 10,800 21,258 (10,458) 197% 10,500 21,300 5 558
City of Wildomar
Revenue Group Budget Report
4th Quarter Report FY 2022/23
July 1st, 2022 to June 30th, 2023
12 Month Remaining % Requested Proposed
Account Number Budget Preliminary Actuals Budget Received Budget Change Budget 269 CFD 2013-1 Special Tax B
3552 Special Assessment Tax B- Public Safety 128,600 164,790 (36,190) 128% 36,200 164,800 Total CFD 2013-1 Special Tax B 128,600 164,790 (36,190) 128% 36,200 164,800 270 CFD 2013-1 Zn11
3551 Special Assessment Tax A- Maintenance 17,100 18,392 (1,292) 108% 1,300 18,400 Total CFD 2013-1 Zn11 17,100 18,392 (1,292) 108% 1,300 18,400 271 CFD 2013-1 Zn13
3551 Special Assessment Tax A- Maintenance 1,200 909 291 76% 1,200 Total CFD 2013-1 Zn13 1,200 909 291 76% - 1,200 272 CFD 2013-1 Zn14
3551 Special Assessment Tax A- Maintenance 7,500 7,445 55 99% - 7,500 Total CFD 2013-1 Zn14 7,500 7,445 55 99% - 7,500 273 CFD 2013-1 Zn15
3551 Special Assessment Tax A- Maintenance 16,800 18,059 (1,259) 107% 1,300 18,100 Total CFD 2013-1 Zn15 16,800 18,059 (1,259) 107% 1,300 18,100 274 CFD 2013-1 Zn16
3551 Special Assessment Tax A- Maintenance 7,100 5,372 1,728 76% 7,100 Total CFD 2013-1 Zn16 7,100 5,372 1,728 76% - 7,100 276 CFD 2013-1 Zn18
3551 Special Assessment Tax A- Maintenance 20,200 21,131 (931) 105% 1,000 21,200 Total CFD 2013-1 Zn18 20,200 21,131 (931) 105% 1,000 21,200 277 CFD 2013-1 Zn19
3551 Special Assessment Tax A- Maintenance 75,000 86,123 (11,123) 115% 11,200 86,200 Total CFD 2013-1 Zn19 75,000 86,123 (11,123) 115% 11,200 86,200 .
279 CFD 2013-1 Zn21
3551 Special Assessment Tax A- Maintenance 2,400 2,517 (117) 105% 200 2,600 Total CFD 2013-1 Zn21 2,400 2,517 (117) 105% 200 2,600 280 Grants
3540 Grant Revenue 278,600 215,155 63,445 77% 278,600 Total Grants 278,600 215,155 63,445 77% - 278,600 6 559
City of Wildomar
Revenue Group Budget Report
4th Quarter Report FY 2022/23
July 1st, 2022 to June 30th, 2023
12 Month Remaining % Requested Proposed
Account Number Budget Preliminary Actuals Budget Received Budget Change Budget 281 SLESF
3521 SLESF Revenue 163,000 165,271 (2,271) 101% 2,300 165,300 Total SLESF 163,000 165,271 (2,271) 101% 2,300 165,300 283 Public Education & Government (PEG) Fund
3125 PEG Fee - Cable-Charter Comm 35,000 26,897 8,103 77% 35,000 Total PEG 35,000 26,897 8,103 77% - 35,000 284 Streetlight Fund
3700 Streetlight Pole Cost Reimbursement 177,100 - 177,100 0% - 177,100 3800 Interest Income 1,500 - 1,500 0% - 1,500 Total Streetlight 178,600 - 178,600 0% - 178,600 300 Cemetery
3104 RPTTF Redevelopment Property Tax 21,400 32,544 (11,144) 152% 11,200 32,600 3105 Property Tax-Secured 519,400 563,648 (44,248) 109% 44,300 563,700 3106 Property Tax-Unsecured 25,900 25,874 26 100% - 25,900 3107 Property Tax-Prior Year 4,600 5,768 (1,168) 125% 1,200 5,800 3108 Property Tax-HOPTR 5,400 4,153 1,247 77% - 5,400 3109 Property Tax-Supplemental, SBE 13,700 29,041 (15,341) 212% 15,400 29,100 3111 Property Tax-Teeter 10,000 19 9,981 0% - 10,000 3113 Property Tax-Misc Adjustments 200 - 200 0% - 200 3800 Interest Income 12,600 8,700 3,900 69% - 12,600 3801 Gain or Loss on Investment - (2,501) 2,501 0% - - 3850 Miscellaneous Income 100 - 100 0% - 100 4100 Cemetery - Plots 55,000 50,411 4,589 92% - 55,000 4101 Cemetery - Vaults 10,000 9,705 295 97% - 10,000

4102 Cemetery - Niche Walls 4,800 3,142 1,658 65% - 4,800 4103 Cemetery - Open/Close 27,000 26,926 74 100% - 27,000 4104 Cemetery - Setting fees 5,700 6,004 (304) 105% 400 6,100 4105 Cemetery - Out of District 8,000 7,579 421 95% - 8,000 4106 Cemetery - Vases 2,800 1,665 1,135 59% - 2,800 4107 Saturday Service Fees 1,200 750 450 63% - 1,200 Total Cemetery 727,800 773,428 (45,628) 106% 72,500 800,300 301 Cemetery Endowment
3536 Endowment 135,000 127,763 7,237 95% - 135,000 3800 Interest Income 20,000 8,712 11,288 44% - 20,000 3801 Gain or Loss on Investment - (3,945) 3,945 0% - - Total Cemetery Endowment 155,000 132,530 22,470 86% - 155,000 302 Cemetery CIP
3900 Transfer In 21,300 - 21,300 0% - 21,300 Total Cemetery CIP 21,300 - 21,300 0% - 21,300 7 560
City of Wildomar
Revenue Group Budget Report
4th Quarter Report FY 2022/23
July 1st, 2022 to June 30th, 2023
12 Month Remaining % Requested Proposed
Account Number Budget Preliminary Actuals Budget Received Budget Change Budget 410 Admin DIF
3561 DIF-Single Family Residence 5,100 921 4,179 18% - 5,100 3563 DIF-Commercial 2,000 281 1,719 14% - 2,000 Total Admin DIF 7,100 1,202 5,898 17% - 7,100 420 Public Facilities DIF
3561 DIF-Single Family Residence 73,300 50,735 22,565 69% 73,300 3562 DIF-Multi-Family Residential 20,700 29,920 (9,220) 145% 9,300 30,000 3563 DIF-Commercial 2,900 1,262 1,638 44% - 2,900 Total Public Facilities DIF 96,900 81,918 14,982 85% 9,300 106,200 421 Police DIF
3561 DIF-Single Family Residence 48,300 30,216 18,084 63% 48,300 3562 DIF-Multi-Family Residential 12,300 17,710 (5,410) 144% 5,500 17,800 3563 DIF-Commercial 1,000 773 227 77% - 1,000 Total Police DIF 61,600 48,699 12,901 79% 5,500 67,100 422 Animal Shelter DIF
3561 DIF-Single Family Residence 30,700 32,694 (1,994) 106% 2,300 33,000 3562 DIF-Multi-Family Residential 13,600 19,580 (5,980) 144% 6,000 19,600 Total Animal Shelter DIF 44,300 52,274 (7,974) 118% 8,300 52,600 423 Corp Yard DIF
3561 DIF-Single Family Residence 10,100 10,543 (443) 104% 500 10,600 3562 DIF-Multi-Family Residential 4,300 6,160 (1,860) 143% 1,900 6,200 3563 DIF-Commercial 1,000 275 725 27% - 1,000 Total Corp Yard DIF 15,400 16,978 (1,578) 110% 2,400 17,800 430 Fire Facilities DIF
3561 DIF-Single Family Residence 54,900 58,200 (3,300) 106% 3,300 58,200 3562 DIF-Multi-Family Residential 23,800 34,320 (10,520) 144% 10,600 34,400 3563 DIF-Commercial 3,000 1,454 1,546 48% - 3,000 Total Fire Facilities DIF 81,700 93,974 (12,274) 115% 13,900 95,600 440 Trans-Roads DIF
3561 DIF-Single Family Residence 398,200 418,020 (19,820) 105% 19,900 418,100 3562 DIF-Multi-Family Residential 182,300 255,950 (73,650) 140% 73,700 256,000 3563 DIF-Commercial 86,600 51,522 35,078 59% - 86,600 3800 Interest Income 13,600 28,491 (14,891) 209% 14,900 28,500 3801 Gain or Loss on Investment - (6,312) 6,312 0% - - Total Trans-Roads DIF 680,700 747,672 (66,972) 110% 108,500 789,200 8 561
City of Wildomar
Revenue Group Budget Report
4th Quarter Report FY 2022/23
July 1st, 2022 to June 30th, 2023
12 Month Remaining % Requested Proposed
Account Number Budget Preliminary Actuals Budget Received Budget Change Budget 450 Trans-Signals DIF
3561 DIF-Single Family Residence 54,800 53,335 1,465 97% - 54,800 3562 DIF-Multi-Family Residential 23,800 30,910 (7,110) 130% 7,200 31,000 3563 DIF-Commercial 12,200 6,075 6,125 50% - 12,200 Total Trans-Signals DIF 90,800 90,321 479 99% 7,200 98,000 451 Drainage DIF
3561 DIF-Single Family Residence 259,300 246,550 12,750 95% - 259,300 3562 DIF-Multi-Family Residential 55,200 78,120 (22,920) 142% 23,000 78,200 3563 DIF-Commercial 19,000 11,383 7,617 60% - 19,000 Total Drainage DIF 333,500 336,054 (2,554) 101% 23,000 356,500 460 Park Land Acquisition DIF
3561 DIF-Single Family Residence 78,500 82,558 (4,058) 105% 4,100 82,600 3562 DIF-Multi-Family Residential 32,200 46,530 (14,330) 145% 14,400 46,600 Total Park Land Acquisition DIF 110,700 129,088 (18,388) 117% 18,500 129,200 461 Park Improvements DIF
3561 DIF-Single Family Residence 540,000 582,349 (42,349) 108% 42,400 582,400 3562 DIF-Multi-Family Residential 211,900 306,570 (94,670) 145% 94,700 306,600 3800 Interest Income - 10,959 (10,959) 0% 11,000 11,000 Total Park Improvements DIF 751,900 899,877 (147,977) 120% 148,100 900,000 470 Community Ctr DIF
3561 DIF-Single Family Residence 60,100 63,459 (3,359) 106% 3,400 63,500 3562 DIF-Multi-Family Residential 25,700 37,070 (11,370) 144% 11,400 37,100 Total Community Ctr DIF 85,800 100,529 (14,729) 117% 14,800 100,600 480 Multipurpose Trails DIF
3561 DIF-Single Family Residence 100,300 108,577 (8,277) 108% 8,300 108,600 3562 DIF-Multi-Family Residential 40,700 58,850 (18,150) 145% 18,200 58,900 3563 DIF-Commercial 8,000 3,806 4,194 48% - 8,000 Total Multipurpose Trails DIF 149,000 171,233 (22,233) 115% 26,500 175,500 500 RMRA Capital Projects
3540 RMRA Revenue 819,700 675,898 143,802 82% 819,700 Total RMRA Capital Projects 819,700 675,898 143,802 82% - 819,700 501 Capital Reinvestment
3541 EVMWD Reimb. Payments 59,300 21,390 37,910 36% - 59,300 3570 Developer Cash-in-Lieu Payments 187,500 - 187,500 0% - 187,500 3580 Developer Payment 611,800 - 611,800 0% - 611,800 3900 Transfer In 70,000 - 70,000 0% - 70,000 Total Capital Reinvestment 928,600 21,390 907,210 2% - 928,600 9 562
City of Wildomar
Revenue Group Budget Report
4th Quarter Report FY 2022/23
July 1st, 2022 to June 30th, 2023
12 Month Remaining % Requested Proposed
Account Number Budget Preliminary Actuals Budget Received Budget Change Budget 502 RCFC Fund
3540 Grant Revenue 122,800 - 122,800 0% 122,800 Total RCFC 122,800 - 122,800 0% - 122,800 503 TUMF Fund
3540 Grant Revenue 4,232,200 - 4,232,200 0% - 4,232,200 Total TUMF 4,232,200 - 4,232,200 0% - 4,232,200 506 HSIP Fund
3540 Grant Revenue 449,500 - 449,500 0% - 449,500 Total HSIP 449,500 - 449,500 0% - 449,500 507 Misc State Funded Projects
3540 Grant Revenue 1,454,000 - 1,454,000 0% 1,454,000 Total Misc State Funded Projects 1,454,000 - 1,454,000 0% - 1,454,000 508 Local Capital grants-Misc
3540 Grant Revenue 1,529,900 - 1,529,900 0% - 1,529,900 Total Local Capital Grants-Misc 1,529,900 - 1,529,900 0% - 1,529,900 Total 47,932,000$ 35,333,393$ 12,597,400$ 74% 1,221,000 49,153,000 10 563

Fund Budget
12 Month
Preliminary
Actual
Expenditure
Remaining
Budget
Percent
Used
Requested
Budget
Change
Proposed
Budget
General Fund
100 General Fund
General Government
City Council 302,300$ 162,182$ 140,118$ 54% -$ 302,300$ City Manager 475,100 332,677 142,423 70% - 475,100 City Clerk 396,900 296,346 100,554 75% - 396,900 City Attorney 130,900 133,992 (3,092) 102% 40,000 170,900 Economic Development 434,500 247,336 187,164 57% - 434,500 Administrative Services 964,100 733,414 230,686 76% 42,400 1,006,500 Human Resources 250,300 188,280 62,020 75% - 250,300 IT Services 339,400 243,963 95,437 72% - 339,400 Community Services 119,800 60,813 58,987 51% - 119,800 O'Brien Park - - - 0% - - Heritage Park 300 245 55 82% - 300 Windsong Park - - - 0% - - Ball Fields 18,000 13,017 4,984 72% - 18,000 Malaga Park - - - 0% - - 11 Acre Park 1,000 800 200 80% - 1,000 27 Acre Park 7,000 6,764 - 97% - 7,000 Non-Departmental/Facilities 1,150,100 841,132 308,968 73% - 1,150,100 General Government Total 4,589,700 3,260,962 1,328,738 71% 82,400 4,672,100 Community Development
Com
munity Development Administration 49,300 14,726 34,574 30% - 49,300 Planning Commission 14,600 8,738 5,862 60% - 14,600 Building and Safety 718,200 421,895 296,305 59% - 718,200 Planning 230,100 189,379 40,721 82% 12,800 242,900 Private Development 700,900 693,458 7,442 99% 91,200 792,100 Development Engineering 590,800 538,966 51,834 91% 90,000 680,800 Cannabis Compliance 29,000 36,034 (7,034) 124% 9,500 38,500 Code Enforcement 495, 700 367,419 128,281 74% 14,100 509,800 Community Development Total 2,828,600 2,270,615 557,985 80% 217,600 3,046,200 Public Works/Engineering 537,000 410,221 126,779 76% - 537,000 Public Safety
Office of Emergency Mgmt - 35 (35) 0% 100 100 Police 5,382,300 4,517,429 864,871 84% - 5,382,300 Fire 2,989,600 2,077,283 912,317 69% - 2,989,600 Animal Control 377,200 373,410 3,790 99% - 377,200 Public Safety Total 8,749,100 6,968,157 1,780,943 80% 100 8,749,200 100 General Fund Total 16,704,400 12,909,954.36 3,794,446 77% 300,100$ 17,004,500 110 Development Agreement
Bundy Canyon/Sellers Traffic Signal CIP077 - - - 0% - - Total Development Agreement - - - 0% - -

CITY OF WILDOMAR
Expenditure Status Report
4th Quarter FY 2022-23
July 1, 2022 to June 30, 2023
11 564

Fund Budget
12 Month
Preliminary
Actual
Expenditure
Remaining
Budget
Percent
Used
Requested
Budget
Change
Proposed
Budget

CITY OF WILDOMAR
Expenditure Status Report
4th Quarter FY 2022-23
July 1, 2022 to June 30, 2023
115 American Rescue Plan Act
General Government 8,545,000 199,648 8,345,352 2% (104,000) 8,441,000 Total ARPA 8,545,000 199,648 8,345,352 2% (104,000) 8,441,000 120 Measure AA
Public Works/Engineering 443,000 264,360 178,640 60% - 443,000 Palomar/Clinton Keith Sidewalk CIP059 231,400 199,656 31,744 86% - 231,400 Bundy/Sellers Traffic Signal CIP077 30,400 7,874 22,526 26% - 30,400 Bundy/Monte Vista Traffic Signal CIP078 133,600 24,972 108,628 19% - 133,600 Monte Vista/Wall at Line C Basin CIP079 27,000 - 27,000 0% - 27,000 Clinton Keith Widening 200,000 - 200,000 0% - 200,000 Auditing/Admin Services 9,000 2,920 6,080 32% - 9,000 Sedco Sidewalk - 60,000 (60,000) 0% 60,000 60,000 City Clerk 13,400 1,055 12,345 8% - 13,400 Non-Departmental/City Facilities 438,000 437,980 20 100% - 438,000 Bundy Canyon/Scott Road Widening 5,300 86,304 (81,004) 1628% 84,600 89,900 Slurry Seal CIP058 325,000 - 325,000 0% - 325,000 Code Enforcement 179,500 114,325 65,175 64% - 179,500 Police 929,300 786,015 143,285 85% (26,300) 903,000 Fire 1,507,500 1,023,970 483,530 68% - 1,507,500 Community Services-Homeless Program 246,800 141,237 105,563 57% (101,400) 145,400 Total Measure AA 4,719,200 3,150,669 1,568,531 67% 16,900 4,736,100 125 General Plan Update
General Plan Update 268,700 340,152 (71,452) 127% 80,000 348,700 Total General Plan Update 268,700 340,152 (71,452) 127% 80,000 348,700 All General Funds Total: 30,237,300 16,600,423 13,636,877 55% 293,000 30,530,300 12 565

Fund Budget
12 Month
Preliminary
Actual
Expenditure
Remaining
Budget
Percent
Used
Requested
Budget
Change
Proposed
Budget

CITY OF WILDOMAR
Expenditure Status Report
4th Quarter FY 2022-23
July 1, 2022 to June 30, 2023
Non-General Funds
200-GAS TAX
Public Works/Engineering 981,700 653,599 328,101 67% - 981,700 Total Gas Tax 981,700 653,599 328,101 67% - 981,700 201-MEASURE A
Public Works/Engineering 1,174,900 477,270 697,630 41% - 1,174,900 Total Measure A 1,174,900 477,270 697,630 41% - 1,174,900 203 TDA
Palomar/Clinton Keith Sidewalk & Bike Trail CIP059 275,000 262,342 12,658 95% - 275,000 Total TDA 275,000 262,342 12,658 0% - 275,000 210 AQMD
Public Works/Engineering 6,900 4,500 2,400 65% - 6,900 Total AQMD 6,900 4,500 2,400 65% - 6,900 212 WASTE SERVICES
Public Works 46,700 54,444 117% 8,300 55,000 City Attorney 66,100 68,974 (2,874) 104% 6,000 72,100 Total Waste Services 112,800 123,418 (2,874) 109% 14,300 127,100 220 CFD 2022-1 Special Tax A
Public Works/Engineering 3,200 3,104 96 97% - 3,200 Total CFD 2022-1 3,200 3,104 96 97% - 3,200 221 CFD 2022-2 Special Tax A
Public Works/Engineering 2,400 2,103 297 88% - 2,400 Total CFD 2022-2 2,400 2,103 297 88% - 2,400 251 LLMD 89-1C
Public Works/Engineering Streetlights - 14,295 (14,295) 0% 14,400 14,400 General Government - 358 (358) 0% 400 400 Zone 3 Landscaping 118,400 88,765 29,636 75% - 118,400 Zone 18 600 - 600 0% - 600 Zone 26 700 - 700 0% - 700 Zone 27 1,300 433 867 33% - 1,300 Zone 29 1,400 1,195 205 85% - 1,400 Zone 30 15,400 6,400 9,000 42% - 15,400 Zone 35 300 - 300 0% - 300 Zone 42 30,300 12,837 17,463 42% - 30,300 Zone 50 300 - 300 0% - 300 Zone 51 11,800 4,402 7,398 37% - 11,800 Zone 52 15,100 7,128 7,972 47% 2,500 17,600 Zone 59 Streetlights 700 372 328 53% 400 1,100 Zone 59 Landscape 2,200 855 1,345 39% 700 2,900 Zone 62 14,600 3,961 10,639 27% - 14,600 Zone 67 4,100 957 3,143 23% - 4,100 Zone 70 600 135 465 22% 100 700 Zone 71 Streetlights 300 - 300 0% - 300 Z
one 71 Landscape 12,500 10,999 1,501 88% - 12,500 Zone 73 Streetlights 500 - 500 0% - 500 Zone 181 Streetlights 1,600 605 995 38% - 1,600 Zone 181 Landscape 4,500 945 3,555 21% - 4,500 CIP091 Catch Basin Retrofit Project 2,500 2,300 200 92% - 2,500 13 566

Fund Budget
12 Month
Preliminary
Actual
Expenditure
Remaining
Budget
Percent
Used
Requested
Budget
Change
Proposed
Budget

CITY OF WILDOMAR
Expenditure Status Report
4th Quarter FY 2022-23
July 1, 2022 to June 30, 2023
LLMD 89-1C Total 239,700 156,942 82,758 65% 18,500 258,200 252 CSA-22
Street Lights 46,500 13,802 32,698 30% - 46,500 CSA-22 46,500 13,802 32,698 30% - 46,500 253 - CSA 103
Landscape & Drainage 19,600 13,286 6,314 68% - 19,600 Street Lights 183,900 47,701 136,199 26% - 183,900 CSA-103 203,500 60,987 142,513 30% - 203,500 254 - CSA 142
Public Works 3,200 267 2,933 8% 300 3,500 Street Lights 32,300 8,010 24,290 25% 700 33,000 CSA-142 35,500 8,277 27,223 23% 1,000 36,500 255 Measure Z - Parks
Community Services 113,300 61,335 51,965 54% - 113,300 Admin Services 4,400 404 3,996 9% - 4,400 City Manager 16,300 11,472 4,828 70% - 16,300 City Clerk 13,900 8,871 5,029 64% - 13,900 O'Brien Park 191,200 253,916 (62,716) 133% 48,200 239,400 Heritage Park 51,400 55,176 (3,776) 107% - 51,400 Windsong Park 51,700 74,104 (22,404) 143% 12,500 64,200 Malaga Park 10,100 13,381 (3,281) 132% 1,000 11,100 Total Measure Z Park 452,300 478,658 (26,358) 106% 61,700 514,000 CFD's
259 CFD 20171 DIF Deferral 83,800 3,208 80,592 4% - 83,800 260 CFD 2013-1 Maintenance 71,000 42,307 28,693 60% - 71,000 261 CFD 2013-1 Annex 1 Zone 3 83,700 14,956 68,744 18% - 83,700 262 CFD 2013-1 Annex 2 Zone 4 1,000 1,176 (176) 118% 300 1,300 263 CFD 2013-1 Annex 3 Zone 5 50,500 10,986 39,514 22% - 50,500 266 CFD 2013-1 Annex 6 Zone 8 10,500 213 10,287 2% - 10,500 267 CFD 2013-1 Annex 7 Zone 9 11,300 - 11,300 0% - 11,300 269 CFD 2013-1 Spec Tax B 128,600 - 128,600 0% - 128,600 270 CFD 2013-1 Zone 11 17,100 688 16,412 4% - 17,100 271 CFD 2013-1 Zone 13 1,300 - 1,300 0% - 1,300 272 CFD 2013-1 Zone 14 6,900 - 6,900 0% - 6,900 273 CFD 2013-1 Zone 15 16,800 - 16,800 0% - 16,800 274 CFD 2013-1 Zone 16 7,100 - 7,100 0% - 7,100 276 CFD 2013-1 Zone 18 34,600 - 34,600 0% - 34,600 277 CFD 2013-1 Zone 19 15,900 185 15,715 1% - 15,900 279 CFD 2013-1 Zone 21 2,400 - 2,400 0% - 2,400 Total CFD's 542,500 73,719 468,781 14% 300 542,800 280-Grants
280-992 CalRecycle SB1383 Grant 53,200 1,625 51,575 3% - 53,200 280-964 SHSP Grant 5,000 - 5,000 0% (5,000) - 280-990 Multi-Family Design Guidelines - 583 (583) 0% 2,500 2,500 280-991 Zoning Consistency Program - 748 (748) 0% 2,500 2,500 Total Grants 58,200 2,955 55,245 5% - 58,200 281-SLESF-COPS Grant 150,000 - 150,000 0% - 150,000 SLESF 150,000 - 150,000 0% - 150,000 282-CDBG
Sedco Sidewalk Improvement III 65,500 187 65,313 0% - 65,500 CDBG 65,500 187 65,313 0% - 65,500 14 567

Fund Budget
12 Month
Preliminary
Actual
Expenditure
Remaining
Budget
Percent
Used
Requested
Budget
Change
Proposed
Budget

CITY OF WILDOMAR
Expenditure Status Report
4th Quarter FY 2022-23
July 1, 2022 to June 30, 2023
283 PEG Grant
Services and Equipment 26,800 4,658 22,142 17% - 26,800 Total PEG Grant 26,800 4,658 22,142 17% - 26,800 284 Streetlight
Public Works 174,100 1,000 173,100 1% 1,000 175,100 Total Streetlight Fund 174,100 1,000 173,100 1% 1,000 175,100 300 Cemetery 1,340,700 571,053 769,647 43% - 1,340,700 Cemetery 1,340,700 571,053 769,647 43% - 1,340,700 302-Cemetery Capital Improvement Projects
Cemetery Frontage Improvements CIP067-1 21,300 9,218 12,082 43% 3,200 24,500 Cemetery CIP 21,300 9,218 12,082 43% 3,200 24,500 410-Admin DIF - 3,381 (3,381) 3,500 3,500 Total Admin DIF - 3,381 (3,381) 0% 3,500 3,500 422-Animal Shelter DIF 120,700 120,678 22 100% - 120,700 Total Animal Shelter DIF 120,700 120,678 22 100% - 120,700 440-Trans-Road DIF 1,549,100 1,315,565 233,535 85% - 1,549,100 Total Trans - Road DIF 1,549,100 1,315,565 233,535 85% - 1,549,100 450- Trans -Signals DIF
Bundy Canyon/Sellers TS CIP 077 276,100 64,606 211,494 23% - 276,100 Bundy Canyon/Monte Vista TS CIP 078 222,000 53,765 168,235 24% - 222,000 Total Trans - Signals DIF 498,100 118,371 379,729 24% - 498,100 451- Drainage DIF
Storm Drain Line F Extension CIP039 123,600 - 123,600 0% - 123,600 Bundy Canyon Rd. Widening CIP026 15,400 15,366 34 100% - 15,400
Total Drainage DIF 139,000 15,366 123,634 11% - 139,000 460-Park Land Acquisition DIF
Park Purchase 2,500,000 28,519 2,471,481 1% - 2,500,000 Total Park Land Acquisition DIF 2,500,000 28,519 2,471,481 1% - 2,500,000 461- Park Improvements DIF
Marna O'Brien Park 50,000 22,375 27,625 45% - 50,000 New 27 Acre Park 113,000 24,076 88,924 21% - 113,000 Total Park Improvement DIF 163,000 46,451 116,549 28% - 163,000 480-Multipurpose Trails DIF 294,000 - 294,000 0% - 294,000 Total Multipurpose Trails DIF 294,000 - 294,000 0% - 294,000 490-Library DIF 19,000 13,398 5,602 71% - 19,000 Total Library DIF 19,000 13,398 5,602 0% - 19,000 15 568

Fund Budget
12 Month
Preliminary
Actual
Expenditure
Remaining
Budget
Percent
Used
Requested
Budget
Change
Proposed
Budget

CITY OF WILDOMAR
Expenditure Status Report
4th Quarter FY 2022-23
July 1, 2022 to June 30, 2023
500-RMRA Capital Projects
500-057 Pavement Rehab Program CIP057 132,200 - 132,200 0% - 132,200 Total RMRA Capital Projects 132,200 - 132,200 0% - 132,200 501-Capital Reinvestment
501-001 Palomar/Clinton Keith Sdwlk & Tr CIP059 33,400 20,320 - 61% - 33,400 501-039 Storm Drain Line F Extension CIP039 105,000 - - 0% - 105,000 501-077 Bundy Canyon/Sellers Traffic Signal 077 82,500 - - 0% - 82,500 501-410 General Government 70,000 - - 0% - 70,000 501-909 Bundy Canyon EVMWD Reimbursement 48,900 18,966 - 0% - 48,900 Total Capital Reinvestment 339,800 39,286 300,514 12% - 339,800 502-Riverside County Fund Control (RCFC) - Local
502-039 Line F Extension CIP039 48,500 48,472 (3,172) 107% - 48,500 Total RCFC 48,500 48,472 28 100% - 48,500 503-Transformation Uniform Mitigation Fee (TUMF) - Local 503-001 Palomar/Clinton Keith Bike Path CIP059 1,219,000 1,155,067 63,933 95% - 1,219,000 503-039 Line F Extension CIP039 81,900 - 81,900 0% - 81,900

503-909 Bundy Canyon/Scott Rd Widen CIP026 1,291,100 1,194,862 96,238 93% - 1,291,100 503-070 Bundy Canyon/I-15 Interchange Study CIP070 5,100 2,467 2,633 48% - 5,100 503-074 Baxter Rd/I-15 Interchange Study CIP074 5,100 - 5,100 0% - 5,100 503-092 Bundy Canyon Widening Sidewalks CIP092 - 56 (56) 0% 700 700 503-912 Palomar Widening CIP028 280,300 129,693 150,607 46% - 280,300
503-913 Clinton Keith Widen CIP025 6,000 2,989 3,011 50% - 6,000 Total TUMF 2,888,500 2,485,134 403,366 86% 700 2,889,200 506-Highway Safety Improvement Program (HSIP) - Federal 506-088 Harvest Way/Bundy Canyon TS CIP088 27,000 65 26,935 0% - 27,000 506-089 Traffic Signal Retrofits & Upgrd. CIP089 19,000 780 18,220 4% - 19,000 Total HSIP 46,000 845 45,155 2% - 46,000 507-State Funded Capital Projects - Miscellaneous - State 507-051 Local Road Safety Plan CIP051 30,900 2,541 28,359 8% - 30,900 507-909 Bundy Canyon CIP026 - CalOES Funding - 1,862 (1,862) 2,500 2,500
Total Miscellaneous State Funded Projects 30,900 4,403 26,497 14% 2,500 33,400 508-Local Capital Grants
508-909 Bundy Canyon Widening CIP026 RCTC 1,327,400 1,219,086 108,314 92% - 1,327,400 Total Local Capital Grants 1,327,400 1,219,086 108,314 92% - 1,327,400 Non-GF Funds Total: $16,009,700 $8,366,749 $7,653,176 52.26% 106,700 $16,116,400 Grand Total- All Funds $46,247,000 $24,967,172 $21,290,053 54% 399,700$ 46,646,700$ 16 569
RESOLUTION NO. 2023 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AUTHORIZING ADJUSTMENTS TO THE FY2022-23 BUDGETED

REVENUES AND EXPENSES
WHEREAS, The City of Wildomar Biennial Budget for FY 2021-22 and FY 2022- 23 was approved by the Wildomar City Council on June 9th, 2021; WHEREAS, The City of Wildomar FY 2022-23 Budget was amended and approved by the Wildomar City Council on June 8th, 2022; WHEREAS, The City of Wildomar FY 2022-23 Budget was adjusted and approved by the Wildomar City Council on February 8th, 2023;
WHEREAS, The City of Wildomar FY 2022-23 Budget was adjusted and approved by the Wildomar City Council on April 12th, 2023;
WHEREAS, changing economic conditions, program and service reviews require that the original approved budget and authorized position schedule be regularly monitored and updated: and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Wildomar authorizes the adjustments to the FY 2022-23 Budgets decreasing the total amount of projected revenues to $49,153,000 and total projected expenditures to $46,646,700.

PASSED, APPROVED, AND ADOPTED this 12th day of July 2023. ______________________________
Joseph Morabito
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Thomas D. Jex Janet Morales
City Attorney City Clerk
570

CITY OF WILDOMAR

FY2022
-
23 4
TH

QUARTER

BUDGET REPORT
JULY 12
TH
, 2023
Adam Jantz
–

Finance Manager
571
FY2022/23 GENERAL FUND

REVENUE
•
$803,200 Increase in General Fund
Revenues Overall
•
Increase $326,400 in Property Tax
Revenues
•
Increase $70,000 in Building & Safety
Fixed Fee Permits and $10,000 in
Encroachment Permits
•
Increase $181,200 in Private Development
& Development Engineering Revenue
•
Increase $56,700 in Vehicle License Fee
Revenue
572
FY2022/23

GENERAL FUND

EXPENDITURES
Increase
Expenditures $181,200 in Private
Development & Development Engineering
Due to Continued High Activity
Increase
Expenditures $40,000 in City
Attorney Budget for Legal Expenditures
Increase
Expenditures $42,400 in Admin
Services for Contract Staff Support
Increase
Expenditures $14,100 in Code
Enforcement Legal Expenditures Due to
Code Cases
573
FY2022/23
NON
-

GENERAL
FUND

REVENUES
•
Increase $520,100 for Cannabis
Development Agreement Fee Revenues
•
Increase ARPA Interest Income by
$80,000 Due to High Interest Rates
•
Increase Fund 212 Revenue by $94,400
for Reimbursement of Franchise
Agreement Drafting Costs
•
Increase Cemetery Revenue by $72,500
Due to High Property Tax Remittances
•
Increase Development Impact Fee
Revenues $386,000 Based on Actuals
574
FY2022/23
NON
-

GENERAL
FUND

EXPENDITURES
•
Increase Measure AA Expenditures
$84,600 for Bundy Canyon Expenditures
•
Increase Measure AA Expenditures
$60,000 for
Sedco

Sidewalk Project
•
Increase Measure Z
Expenditures
$61,700 to Accommodate Higher Park
Security & Landscaping Costs
•
Decrease ARPA
Expenditures
$104,000 &
Measure AA $101,400 for Contract
Community Services No Longer Utilized
575
QUESTIONS?
576

CITY OF WILDOMAR

CC - REGULAR MEETING

GENERAL BUSINESS
Agenda Staff Report # 3.2
Meeting Date: July 12, 2023
SUBJECT:

Contract Award - Road Rehab and Maintenance Project and Slurry Seal Project (CIP 057-2, 058)
SUBMITTED BY:

Jason Farag
PREPARED BY:

Cameron Luna

ACTION:
1 .

Adopt a Categorical Exemption pursuant to Section 15301(c) of the CEQA Guidelines. 2 .

Authorize the City Manager to execute a construction contract with All American Asphalt in the amount of $3,793,100.56 for the Road Maintenance and Rehabilitation Project (CIP 057-2) and Slurry Seal Project (CIP 058-2) and waive any informality or irregularity in the Bid.
3 .

Authorize the Public Works Director to approve change orders not to exceed 7.5% of the construction contract amount (contingency).
4 .

Authorize the City Manager to execute a work order with Geocon West, Inc. in the amount of $35,050 for material testing for the Road Maintenance and Rehabilitation Project (CIP 057-2), including
Extra Work Authorizations not to exceed $5,000, for a total not to exceed $40,085
.
5 .

Authorize the City Manager to execute an Professional Services Agreement with Labelle-Marvin, Inc. in the amount of $44,848 for material testing for the Slurry Seal Project (CIP 058-2), including
Extra Work Authorizations not to exceed $5,000, for a total not to exceed $49,848.
6 .

Authorize the City Manager to execute a work order with Interwest Consulting Group in the amount of $99,935 for Construction Management services for the Road Maintenance and Rehabilitation and Slurry Seal Projects, including a 10% contingency, for a total not to exceed $109,928.50.
7 .

Approve a supplemental appropriation for Fund 505 to include $25,000 in revenue and expenditures.
8 .

Approve a supplemental appropriation for Fund 507 to include $60,000 in revenue and expenditures.

SUMMARY:
577
Award a Construction Contract for the City's Annual Road Rehabilitation and Slurry Seal Projects, adopt a CEQA exemption for the project, and authorize agreements with three (3) groups to provide professional services during construction.

BACKGROUND:

The City of Wildomar administers a Road Rehabilitation and Maintenance Program and a Slurry Seal Program. These programs are implemented as annual projects in the City’s approved Five-Year Capital Improvement Program as CIP 057 and CIP 058. The programs are primarily funded by Measure AA and funds from Senate Bill 1, formally referred to as The Road Repair and Accountability Act of 2017 (RMRA). Each year the City submits a list of road maintenance and rehabilitation projects to the California Transportation Commission (CTC) for use of RMRA funds. Projects may be added or removed from the list and reported as such during the filing of the final report to the CTC for the fiscal year. Unused funds from a prior year are carried over to the following year and added to the following year’s allocation.

DISCUSSION:

A combined bid package for the Road Rehabilitation Project and Slurry Seal Project which included construction plans, technical specifications, bid documents and an engineer’s cost estimate were prepared and advertised for construction bids. The project includes (but is not limited to): Removal of existing asphalt concrete pavement and aggregate base, reconstruction of sidewalk ramps, modification of drainage inlets and drainage crossings, crack seal, asphalt surfacing, slurry seal resurfacing, reinstallation of pavement markings, striping, traffic loops, and all items not mentioned but indicated in the Plans, Specifications, and the Technical Specifications within the Contract Documents. The plans are included as Attachment A. The project was advertised for bids on May 24, 2023. Bids were accepted until 2pm on July 12, 2023. The City Clerk received five timely bids, as summarized in Table 1 below.

Table 1 - Bid Summary for the Project

CONTRACTOR
SCHEDULE "A' BID
SCHEDULE "B" BID

COMBINED TOTAL

ALL AMERICAN

ASPHALT
$ 3,266,249.36
$ 526,851.20
$ 3,793,100.56

ATP GENERAL

ENGINEERING
$ 3,460,666.00
$ 464,666.00
$ 3,925,332.00

HARDY & HARPER
$ 3,725,000.00
$ 485,000.00
$ 4,210,000.00

HILLCREST

CONTRACTORS
$ 4,429,205.33
$ 397,823.72
$ 4,827,029.05

RJ NOBLE
$ 4,227,648.37
$ 418,020.28
$ 4,645,668.65

The advertised project included three (3) bid schedules. Schedule “A” was the base bid schedule and was used as the basis of establishing the lowest responsive bidder. Schedules “B” and “C” were additive bid schedules and were included in the advertisement to give the City flexibility to add additional streets into the Project, depending on the bid results and available budget.
578

The Engineer’s Opinion of Construction Costs for Schedule "A" alone was $3,999,792.60.

Staff has reviewed the bid packages submitted by the bidders, checking the bid packages for compliance with the contract documents and has determined that All American Asphalt is the responsible bidder submitting the lowest responsive bid. The Engineer's Estimate for both "Schedule A" and "Schedule B" combined was $4,643,822.20. All American Asphalt’s bid for both Schedule “A” and “B” combined is lower than the Engineer’s Estimate and within the available program budget. No material irregularities were found in any of the bids received.

The bid proposal received by All American Asphalt is included as Attachment B. All American Asphalt holds a valid Class A General Contractor’s license in the State of California, with no enforcement actions listed. Their license expires on January 1, 2024.

The Experience/Qualifications Statement that was submitted with the bid documents indicate that All American Asphalt has engaged in contracting under the current name for 54 years and has not failed to satisfactorily complete a contract. A list of 5 completed projects were listed for reference, most of which are similar public works projects, ranging in value from $2,082,099 to $7,761,320. These projects were completed for many different agencies with the smallest contract completed for the County of Orange and the largest contract completed for the City of Burbank.

The construction contract allows 150 working days to complete the required work. Based on a Notice to Proceed being issued to the contractor on July 17, 2023, the contract completion is projected to be February 29, 2024 (barring time extensions due to change orders or inclement weather). The contract is included as Attachment C. Staff recommends the City Council authorize the City Manager to execute the Construction Contract with All American Asphalt for the Project, including award of both Schedule “A” and Schedule “B”.

Staff also recommends the City Council authorize the City Manager to execute a work order with Geocon West, Inc. ("Geocon") in the amount of $35,050 for material testing services for the Road Maintenance and Rehabilitation Project (CIP 057-2), including Extra Work
Authorizations not to exceed $5,000, for a total not to exceed $40,085 . Geocon is the city's on-
call firm for geotechnical services and has previously provided technical assistance to the City for several Capital Improvement Projects under their existing agreement. Their Work Order is included as Attachment D.

The City’s Slurry Seal Project will use a unique type of slurry seal (RAP Slurry) and the Project includes almost 3,380,500 square feet of slurry seal across multiple different streets throughout the City. The slurry seal cost is over 16% of the total contract award. Testing of this unique type of slurry seal requires specialized knowledge of the product and specialized testing equipment and experience to ensure the materials conform to the Project specifications. LaBelle Marvin is a well-known firm with extensive experience and knowledge in specialized testing of slurry seal materials. LaBelle Marvin provides testing services to many 579
jurisdictions, including nearby local agencies, and has the ability to perform all of the required material testing for the Slurry Seal Project. Labelle Marvin provided testing services for the City’s previous Slurry Seal Project in 2021, which used the same type of slurry seal, and the services they provided were satisfactory. Due to the unique nature of the slurry seal on this project and based on LaBelle Marvin’s expertise and their familiarity with this type of slurry seal, staff recommends that the City Council authorize the City Manager to execute an Professional Services Agreement with Labelle-Marvin, Inc. in the amount of $44,848 for material testing services for the Slurry Seal Project (CIP 058-2), including Extra Work Authorizations not to exceed $5,000, for a total not to exceed $49,848. Labelle-Marvin has submitted a proposal for providing technical assistance under a professional services agreement. A copy of the proposed agreement is included as Attachment E.

Staff also recommends the City Council authorize the City Manager to execute a work order with Interwest Consulting Group (Interwest) in the amount of $99,935 for Construction Management services for the Road Maintenance and Rehabilitation and Slurry Seal Projects, including a 10% contingency, for a total not to exceed $109,928.50. Interwest is one of the city's on-call engineering firms and has previously provided technical assistance for several Capital Improvement Projects under their existing agreement. A copy of the proposed Interwest work order is included as Attachment F.

FISCAL IMPACT:

Project expenditures for Construction are funded by:

RMRA (SB1) (Fund 500) = $1,650,000
Measure AA (Fund 120) = $2,500,000
MSRC (Fund 505) = $25,000 (grant funds)
CalRecycle (Fund 507) = $60,000 (grant funds)
Total = $4,326,000
RMRA funds include the estimated fund balance carried over from FY 21/22, FY 22/23 and estimated revenues for FY 23/24.

Expenditures related to the Design/PS&E/Administration phase as well as the Construction Administration and Inspection costs are funded by:

Measure A (Fund 201) = $91,000

There is no fiscal impact to the City’s General Fund.

ACCOUNT CODE:

Budget Amendments
MSRC (Fund 505):

Revenues (505-3540) = $25,000
Expenditures (505-057-4500-52115) = $25,000
CalRecycle (Fund 507)
580
Revenues (507-3540) = $60,000
Expenditures (507-057-4500-52115) = $60,000

ATTACHMENTS:

Attachment A - Improvement Plans
Attachment B - Bid Proposal
Attachment C - Public Works Contract
Attachment D - Work Order (Geocon)
Attachment E - Professional Services Agreement (Labelle Marvin) Attachment F - Work Order (Interwest)
Project Presentation
581

TITLE SHEET
1 CIP PROJECT NO. 057-2
NOTE:

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OF SHTS
The private engineer signing these plans is responsible for assuring the accuracy and acceptability of the design hereon. In the event of discrepancies arising after city acceptance or during construction, the private engineer shall be responsible for determining an acceptable solution and revising the plans for acceptance by the city.

WORK CONTAINED WITHIN THESE PLANS SHALL NOT

COMMENCE UNTIL AN ENCROACHMENT PERMIT
AND/OR A GRADING PERMIT HAS BEEN ISSUED.

EXP.69984 09/30/2024
RIVERSIDE, CA 92507
2305 CHICAGO AVE
(951) 680-0440
19 CITY OF WILDOMAR
As Noted As Noted

CITY OF WILDOMAR
Jason Farag, Director of Public Works,
Date:

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
ACCEPTED BY:

PE 86560
TERRY M. RENNER
BENCHMARK:

CITYWIDE PAVING PROJECT
N/A
WILDOMAR GENERAL NOTES:

CONTRACTOR'S RESPONSIBILITY FOR SAFETY:

CONSTRUCTION NOTES:

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YOU DIG
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BEFORE

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A PUBLIC SERVICE BY

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WORK CONTAINED WITHIN THESE PLANS SHALL NOT

COMMENCE UNTIL AN ENCROACHMENT PERMIT
AND/OR A GRADING PERMIT HAS BEEN ISSUED.

EXP.69984 09/30/2024
RIVERSIDE, CA 92507
2305 CHICAGO AVE
(951) 680-0440
19 CITY OF WILDOMAR
As Noted As Noted

CITY OF WILDOMAR
Jason Farag, Director of Public Works,
Date:

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
ACCEPTED BY:

PE 86560
TERRY M. RENNER
BENCHMARK:

CITYWIDE PAVING PROJECT
N/A
DocuSign Envelope ID: 3E6499D9-8361-44EB-958D-788AC9238994 5/24/2023
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YOU DIG
DIAL
BEFORE

TOLL FREE

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DAYS BEFORE

YOU DIG

A PUBLIC SERVICE BY

UNDERGROUND SERVICE ALERT

WORK CONTAINED WITHIN THESE PLANS SHALL NOT

COMMENCE UNTIL AN ENCROACHMENT PERMIT
AND/OR A GRADING PERMIT HAS BEEN ISSUED.

EXP.69984 09/30/2024
RIVERSIDE, CA 92507
2305 CHICAGO AVE
(951) 680-0440
19 CITY OF WILDOMAR
As Noted As Noted

CITY OF WILDOMAR
Jason Farag, Director of Public Works,
Date:

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
ACCEPTED BY:

PE 86560
TERRY M. RENNER
BENCHMARK:

CITYWIDE PAVING PROJECT
N/A
3 CLINTON KEITH ROAD
STA. 6+57 TO STA. 26+00
CONSTRUCTION NOTES:

DocuSign Envelope ID: 3E6499D9-8361-44EB-958D-788AC9238994 5/24/2023
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YOU DIG
DIAL
BEFORE

TOLL FREE

TWO WORKING

DAYS BEFORE

YOU DIG

A PUBLIC SERVICE BY

UNDERGROUND SERVICE ALERT

WORK CONTAINED WITHIN THESE PLANS SHALL NOT

COMMENCE UNTIL AN ENCROACHMENT PERMIT
AND/OR A GRADING PERMIT HAS BEEN ISSUED.

EXP.69984 09/30/2024
RIVERSIDE, CA 92507
2305 CHICAGO AVE
(951) 680-0440
19 CITY OF WILDOMAR
As Noted As Noted

CITY OF WILDOMAR
Jason Farag, Director of Public Works,
Date:

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
ACCEPTED BY:

PE 86560
TERRY M. RENNER
BENCHMARK:

CITYWIDE PAVING PROJECT
N/A
4 CLINTON KEITH ROAD
STA. 26+00 TO STA. 43+50
CONSTRUCTION NOTES:

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YOU DIG
DIAL
BEFORE

TOLL FREE

TWO WORKING

DAYS BEFORE

YOU DIG

A PUBLIC SERVICE BY

UNDERGROUND SERVICE ALERT

WORK CONTAINED WITHIN THESE PLANS SHALL NOT

COMMENCE UNTIL AN ENCROACHMENT PERMIT
AND/OR A GRADING PERMIT HAS BEEN ISSUED.

EXP.69984 09/30/2024
RIVERSIDE, CA 92507
2305 CHICAGO AVE
(951) 680-0440
19 CITY OF WILDOMAR
As Noted As Noted

CITY OF WILDOMAR
Jason Farag, Director of Public Works,
Date:

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
ACCEPTED BY:

PE 86560
TERRY M. RENNER
BENCHMARK:

CITYWIDE PAVING PROJECT
N/A
5 CLINTON KEITH ROAD
STA. 43+50 TO STA. 57+64
CONSTRUCTION NOTES:

DocuSign Envelope ID: 3E6499D9-8361-44EB-958D-788AC9238994 5/24/2023
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© 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS NOTE:

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BEFORE

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DAYS BEFORE

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A PUBLIC SERVICE BY

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WORK CONTAINED WITHIN THESE PLANS SHALL NOT

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AND/OR A GRADING PERMIT HAS BEEN ISSUED.

EXP.69984 09/30/2024
RIVERSIDE, CA 92507
2305 CHICAGO AVE
(951) 680-0440
19 CITY OF WILDOMAR
As Noted As Noted

CITY OF WILDOMAR
Jason Farag, Director of Public Works,
Date:

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
ACCEPTED BY:

PE 86560
TERRY M. RENNER
BENCHMARK:

CITYWIDE PAVING PROJECT
N/A
6 WAITE STREET
STA. 10+00 TO STA. 28+98
CONSTRUCTION NOTES: CONSTRUCTION NOTES (CONT.):

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YOU DIG
DIAL
BEFORE

TOLL FREE

TWO WORKING

DAYS BEFORE

YOU DIG

A PUBLIC SERVICE BY

UNDERGROUND SERVICE ALERT

WORK CONTAINED WITHIN THESE PLANS SHALL NOT

COMMENCE UNTIL AN ENCROACHMENT PERMIT
AND/OR A GRADING PERMIT HAS BEEN ISSUED.

EXP.69984 09/30/2024
RIVERSIDE, CA 92507
2305 CHICAGO AVE
(951) 680-0440
19 CITY OF WILDOMAR
As Noted As Noted

CITY OF WILDOMAR
Jason Farag, Director of Public Works,
Date:

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
ACCEPTED BY:

PE 86560
TERRY M. RENNER
BENCHMARK:

CITYWIDE PAVING PROJECT
N/A
7 CHERRY STREET
STA. 10+00 TO STA. 23+33
CONSTRUCTION NOTES:

DocuSign Envelope ID: 3E6499D9-8361-44EB-958D-788AC9238994 5/24/2023
588
© 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS NOTE:

MARK BY DATE

ENGINEER REVISIONS CITY
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R.C.E. No.

PREPARED BY: SCALE:

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SHEET No.
1-800-227-2600

YOU DIG
DIAL
BEFORE

TOLL FREE

TWO WORKING

DAYS BEFORE

YOU DIG

A PUBLIC SERVICE BY

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WORK CONTAINED WITHIN THESE PLANS SHALL NOT

COMMENCE UNTIL AN ENCROACHMENT PERMIT
AND/OR A GRADING PERMIT HAS BEEN ISSUED.

EXP.69984 09/30/2024
RIVERSIDE, CA 92507
2305 CHICAGO AVE
(951) 680-0440
19 CITY OF WILDOMAR
As Noted As Noted

CITY OF WILDOMAR
Jason Farag, Director of Public Works,
Date:

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
ACCEPTED BY:

PE 86560
TERRY M. RENNER
BENCHMARK:

CITYWIDE PAVING PROJECT
N/A
8 SELLERS ROAD
STA. 10+00 TO STA . 25+00
CONSTRUCTION NOTES:

DocuSign Envelope ID: 3E6499D9-8361-44EB-958D-788AC9238994 5/24/2023
589
xar ©CNES (2022) Distribution Airbus DS
xar ©CNES (2022) Distribution Airbus DS
xar ©CNES (2022) Distribution Airbus DS
xar ©CNES (2022) Distribution Airbus DS
xar ©CNES (2022) Distribution Airbus DS
xar ©CNES (2022) Distribution Airbus DS
xar ©CNES (2022) Distribution Airbus DS
xar ©CNES (2022) Distribution Airbus DS
xar ©CNES (2022) Distribution Airbus DS
NOTE:

MARK BY DATE

ENGINEER REVISIONS CITY
APPR. DATE
SEAL-ENGINEER:

R.C.E. No.

PREPARED BY: SCALE:

H: V:

SHEET No.
1-800-227-2600

YOU DIG
DIAL
BEFORE

TOLL FREE

TWO WORKING

DAYS BEFORE

YOU DIG

A PUBLIC SERVICE BY

UNDERGROUND SERVICE ALERT

WORK CONTAINED WITHIN THESE PLANS SHALL NOT

COMMENCE UNTIL AN ENCROACHMENT PERMIT
AND/OR A GRADING PERMIT HAS BEEN ISSUED.

EXP.69984 09/30/2024
RIVERSIDE, CA 92507
2305 CHICAGO AVE
(951) 680-0440
19 CITY OF WILDOMAR
As Noted As Noted

CITY OF WILDOMAR
Jason Farag, Director of Public Works,
Date:

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
ACCEPTED BY:

PE 86560
TERRY M. RENNER
BENCHMARK:

CITYWIDE PAVING PROJECT
N/A
9 CANYON RANCH ROAD
STA. 10.00 TO STA. 28+00
CONSTRUCTION NOTES:

DocuSign Envelope ID: 3E6499D9-8361-44EB-958D-788AC9238994 5/24/2023
590
xar ©CNES (2022) Distribution Airbus DS
xar ©CNES (2022) Distribution Airbus DS
xar ©CNES (2022) Distribution Airbus DS
xar ©CNES (2022) Distribution Airbus DS
xar ©CNES (2022) Distribution Airbus DS
xar ©CNES (2022) Distribution Airbus DS
xar ©CNES (2022) Distribution Airbus DS
© 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2023 Maxar ©CNES (2023) Distribution Airbus DS xar ©CNES (2022) Distribution Airbus DS
xar ©CNES (2022) Distribution Airbus DS
xar ©CNES (2022) Distribution Airbus DS
NOTE:

MARK BY DATE

ENGINEER REVISIONS CITY
APPR. DATE
SEAL-ENGINEER:

R.C.E. No.

PREPARED BY: SCALE:

H: V:

SHEET No.
1-800-227-2600

YOU DIG
DIAL
BEFORE

TOLL FREE

TWO WORKING

DAYS BEFORE

YOU DIG

A PUBLIC SERVICE BY

UNDERGROUND SERVICE ALERT

WORK CONTAINED WITHIN THESE PLANS SHALL NOT

COMMENCE UNTIL AN ENCROACHMENT PERMIT
AND/OR A GRADING PERMIT HAS BEEN ISSUED.

EXP.69984 09/30/2024
RIVERSIDE, CA 92507
2305 CHICAGO AVE
(951) 680-0440
19 CITY OF WILDOMAR
As Noted As Noted

CITY OF WILDOMAR
Jason Farag, Director of Public Works,
Date:

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
ACCEPTED BY:

PE 86560
TERRY M. RENNER
BENCHMARK:

CITYWIDE PAVING PROJECT
N/A
10 CANYON RANCH ROAD
STA. 28+00 TO STA. 40+24
CONSTRUCTION NOTES:

DocuSign Envelope ID: 3E6499D9-8361-44EB-958D-788AC9238994 5/24/2023
591
© 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2023 Maxar ©CNES (2023) Distribution Airbus DS © 2023 Microsoft Corporation © 2023 Maxar ©CNES (2023) Distribution Airbus DS xar ©CNES (2022) Distribution Airbus DS
xar ©CNES (2022) Distribution Airbus DS
© 2023 Microsoft Corporation © 2023 Maxar ©CNES (2023) Distribution Airbus DS © 2023 Microsoft Corporation © 2023 Maxar ©CNES (2023) Distribution Airbus DS xar ©CNES (2022) Distribution Airbus DS
NOTE:

MARK BY DATE

ENGINEER REVISIONS CITY
APPR. DATE
SEAL-ENGINEER:

R.C.E. No.

PREPARED BY: SCALE:

H: V:

SHEET No.
1-800-227-2600

YOU DIG
DIAL
BEFORE

TOLL FREE

TWO WORKING

DAYS BEFORE

YOU DIG

A PUBLIC SERVICE BY

UNDERGROUND SERVICE ALERT

WORK CONTAINED WITHIN THESE PLANS SHALL NOT

COMMENCE UNTIL AN ENCROACHMENT PERMIT
AND/OR A GRADING PERMIT HAS BEEN ISSUED.

EXP.69984 09/30/2024
RIVERSIDE, CA 92507
2305 CHICAGO AVE
(951) 680-0440
19 CITY OF WILDOMAR
As Noted As Noted

CITY OF WILDOMAR
Jason Farag, Director of Public Works,
Date:

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
ACCEPTED BY:

PE 86560
TERRY M. RENNER
BENCHMARK:

CITYWIDE PAVING PROJECT
N/A
11 GAFFORD ROAD
STA. 9+69 TO STA. 24+00
CONSTRUCTION NOTES:

DocuSign Envelope ID: A022EB5F-87C0-48FC-BD5E-503F98CFD31F 5/24/2023
592
© 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS NOTE:

MARK BY DATE

ENGINEER REVISIONS CITY
APPR. DATE
SEAL-ENGINEER:

R.C.E. No.

PREPARED BY: SCALE:

H: V:

SHEET No.
1-800-227-2600

YOU DIG
DIAL
BEFORE

TOLL FREE

TWO WORKING

DAYS BEFORE

YOU DIG

A PUBLIC SERVICE BY

UNDERGROUND SERVICE ALERT

WORK CONTAINED WITHIN THESE PLANS SHALL NOT

COMMENCE UNTIL AN ENCROACHMENT PERMIT
AND/OR A GRADING PERMIT HAS BEEN ISSUED.

EXP.69984 09/30/2024
RIVERSIDE, CA 92507
2305 CHICAGO AVE
(951) 680-0440
19 CITY OF WILDOMAR
As Noted As Noted

CITY OF WILDOMAR
Jason Farag, Director of Public Works,
Date:

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
ACCEPTED BY:

PE 86560
TERRY M. RENNER
BENCHMARK:

CITYWIDE PAVING PROJECT
N/A
12 WALNUT STREET
STA. 10+00 TO STA. 27+00
CONSTRUCTION NOTES: GENERAL NOTES:

DocuSign Envelope ID: A022EB5F-87C0-48FC-BD5E-503F98CFD31F 5/24/2023
593
© 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS NOTE:

MARK BY DATE

ENGINEER REVISIONS CITY
APPR. DATE
SEAL-ENGINEER:

R.C.E. No.

PREPARED BY: SCALE:

H: V:

SHEET No.
1-800-227-2600

YOU DIG
DIAL
BEFORE

TOLL FREE

TWO WORKING

DAYS BEFORE

YOU DIG

A PUBLIC SERVICE BY

UNDERGROUND SERVICE ALERT

WORK CONTAINED WITHIN THESE PLANS SHALL NOT

COMMENCE UNTIL AN ENCROACHMENT PERMIT
AND/OR A GRADING PERMIT HAS BEEN ISSUED.

EXP.69984 09/30/2024
RIVERSIDE, CA 92507
2305 CHICAGO AVE
(951) 680-0440
19 CITY OF WILDOMAR
As Noted As Noted

CITY OF WILDOMAR
Jason Farag, Director of Public Works,
Date:

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
ACCEPTED BY:

PE 86560
TERRY M. RENNER
BENCHMARK:

CITYWIDE PAVING PROJECT
N/A
13 WALNUT STREET
STA. 27+00 TO STA. 45+50
CONSTRUCTION NOTES: GENERAL NOTES:

DocuSign Envelope ID: A022EB5F-87C0-48FC-BD5E-503F98CFD31F 5/24/2023
594
© 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS xar ©CNES (2022) Distribution Airbus DS
xar ©CNES (2022) Distribution Airbus DS
© 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS NOTE:

MARK BY DATE

ENGINEER REVISIONS CITY
APPR. DATE
SEAL-ENGINEER:

R.C.E. No.

PREPARED BY: SCALE:

H: V:

SHEET No.
1-800-227-2600

YOU DIG
DIAL
BEFORE

TOLL FREE

TWO WORKING

DAYS BEFORE

YOU DIG

A PUBLIC SERVICE BY

UNDERGROUND SERVICE ALERT

WORK CONTAINED WITHIN THESE PLANS SHALL NOT

COMMENCE UNTIL AN ENCROACHMENT PERMIT
AND/OR A GRADING PERMIT HAS BEEN ISSUED.

EXP.69984 09/30/2024
RIVERSIDE, CA 92507
2305 CHICAGO AVE
(951) 680-0440
19 CITY OF WILDOMAR
As Noted As Noted

CITY OF WILDOMAR
Jason Farag, Director of Public Works,
Date:

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
ACCEPTED BY:

PE 86560
TERRY M. RENNER
BENCHMARK:

CITYWIDE PAVING PROJECT
N/A
14 WALNUT STREET
STA. 45+50 TO STA. 63+50
CONSTRUCTION NOTES: GENERAL NOTES:

DocuSign Envelope ID: A022EB5F-87C0-48FC-BD5E-503F98CFD31F 5/24/2023
595
© 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS NOTE:

MARK BY DATE

ENGINEER REVISIONS CITY
APPR. DATE
SEAL-ENGINEER:

R.C.E. No.

PREPARED BY: SCALE:

H: V:

SHEET No.
1-800-227-2600

YOU DIG
DIAL
BEFORE

TOLL FREE

TWO WORKING

DAYS BEFORE

YOU DIG

A PUBLIC SERVICE BY

UNDERGROUND SERVICE ALERT

WORK CONTAINED WITHIN THESE PLANS SHALL NOT

COMMENCE UNTIL AN ENCROACHMENT PERMIT
AND/OR A GRADING PERMIT HAS BEEN ISSUED.

EXP.69984 09/30/2024
RIVERSIDE, CA 92507
2305 CHICAGO AVE
(951) 680-0440
19 CITY OF WILDOMAR
As Noted As Noted

CITY OF WILDOMAR
Jason Farag, Director of Public Works,
Date:

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
ACCEPTED BY:

PE 86560
TERRY M. RENNER
BENCHMARK:

CITYWIDE PAVING PROJECT
N/A
15 WALNUT STREET
STA. 63+50 TO STA. 76+43
CONSTRUCTION NOTES: GENERAL NOTES:

DocuSign Envelope ID: A022EB5F-87C0-48FC-BD5E-503F98CFD31F 5/24/2023
596
© 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS NOTE:

MARK BY DATE

ENGINEER REVISIONS CITY
APPR. DATE
SEAL-ENGINEER:

R.C.E. No.

PREPARED BY: SCALE:

H: V:

SHEET No.
1-800-227-2600

YOU DIG
DIAL
BEFORE

TOLL FREE

TWO WORKING

DAYS BEFORE

YOU DIG

A PUBLIC SERVICE BY

UNDERGROUND SERVICE ALERT

WORK CONTAINED WITHIN THESE PLANS SHALL NOT

COMMENCE UNTIL AN ENCROACHMENT PERMIT
AND/OR A GRADING PERMIT HAS BEEN ISSUED.

EXP.69984 09/30/2024
RIVERSIDE, CA 92507
2305 CHICAGO AVE
(951) 680-0440
19 CITY OF WILDOMAR
As Noted As Noted

CITY OF WILDOMAR
Jason Farag, Director of Public Works,
Date:

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
ACCEPTED BY:

PE 86560
TERRY M. RENNER
BENCHMARK:

CITYWIDE PAVING PROJECT
N/A
16 WILDOMAR TRAIL
STA. 10+00 TO STA. 31+00
CONSTRUCTION NOTES:

DocuSign Envelope ID: A022EB5F-87C0-48FC-BD5E-503F98CFD31F 5/24/2023
597
© 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS NOTE:

MARK BY DATE

ENGINEER REVISIONS CITY
APPR. DATE
SEAL-ENGINEER:

R.C.E. No.

PREPARED BY: SCALE:

H: V:

SHEET No.
1-800-227-2600

YOU DIG
DIAL
BEFORE

TOLL FREE

TWO WORKING

DAYS BEFORE

YOU DIG

A PUBLIC SERVICE BY

UNDERGROUND SERVICE ALERT

WORK CONTAINED WITHIN THESE PLANS SHALL NOT

COMMENCE UNTIL AN ENCROACHMENT PERMIT
AND/OR A GRADING PERMIT HAS BEEN ISSUED.

EXP.69984 09/30/2024
RIVERSIDE, CA 92507
2305 CHICAGO AVE
(951) 680-0440
19 CITY OF WILDOMAR
As Noted As Noted

CITY OF WILDOMAR
Jason Farag, Director of Public Works,
Date:

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
ACCEPTED BY:

PE 86560
TERRY M. RENNER
BENCHMARK:

CITYWIDE PAVING PROJECT
N/A
17 WILDOMAR TRAIL
STA. 31+00 TO STA. 43+00
CONSTRUCTION NOTES:

DocuSign Envelope ID: A022EB5F-87C0-48FC-BD5E-503F98CFD31F 5/24/2023
598
© 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS 18 GRAND AVE
STA. 9+70 TO STA. 30+37
CONSTRUCTION NOTES:

NOTE:

MARK BY DATE

ENGINEER REVISIONS CITY
APPR. DATE
SEAL-ENGINEER:

R.C.E. No.

PREPARED BY: SCALE:

H: V:

SHEET No.
1-800-227-2600

YOU DIG
DIAL
BEFORE

TOLL FREE

TWO WORKING

DAYS BEFORE

YOU DIG

A PUBLIC SERVICE BY

UNDERGROUND SERVICE ALERT

WORK CONTAINED WITHIN THESE PLANS SHALL NOT

COMMENCE UNTIL AN ENCROACHMENT PERMIT
AND/OR A GRADING PERMIT HAS BEEN ISSUED.

EXP.69984 09/30/2024
RIVERSIDE, CA 92507
2305 CHICAGO AVE
(951) 680-0440
19 CITY OF WILDOMAR
As Noted As Noted

CITY OF WILDOMAR
Jason Farag, Director of Public Works,
Date:

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
ACCEPTED BY:

PE 86560
TERRY M. RENNER
BENCHMARK:

CITYWIDE PAVING PROJECT
N/A
DocuSign Envelope ID: A022EB5F-87C0-48FC-BD5E-503F98CFD31F 5/24/2023
599
0 DIAL TWO WORKING

BEFORE DAYS BEFORE

YOU DIG YOU DIG
TOLL FREE 1-800-227-2600

A PUBLIC SERVICE BY

UNDERGROUND SERVICE ALERT

CLINTON KEITH RD

NB ON-RAMP

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COMMENCE UNTIL AN ENCROACHMENT PERMIT
AND/OR A GRADING PERMIT HAS BEEN ISSUED.

SIGNING AND STRIPING NOTES:
0 INSTALL BIKE LEGEND AND ARROW PER CALTRANS STANDARD PLAN A24C AND A24A AS SHOWN. [TI PAINT 6" WHITE BIKE LANE LINE PER CALTRANS STANDARD PLAN A20D, DETAIL 39. 1221 INSTALL 4' X 20' GREEN PAD STRIPING.

NOTE:

ALL STRIPING, LEGENDS, AND REFLECTORS SHALL BE INSTALLED IN KIND TO CURRENT CALTRANS STANDARD PLANS A20A-A24F, UNLESS OTHERWISE SPECIFIED.

The private engineer signing these plans is responsible for assuring 1---+--+---+----------------------t-- -+-- the accuracy and acceptability of the design hereon. In the event of 1---+--+---+----------------------t---+-- discrepancies arising after city acceptance or during construction, the private engineer shall be responsible for determining an acceptable solution and revising the plans for acceptance by the city

MARK BY DATE

ENGINEER REVISIONS
APPR. DATE
CITY

CITY OF WILDOMAR
ACCEPTED BY:

Date:

Jason Farag, Director of Public Works,
PE 86560

ACCEPTANCE AS TO CONFORMANCE

WITH APPLICABLE CITY STANDARDS AND

PRACTICES
SEAL-ENGINEER:
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CITY OF WILDOMAR

CITYWIDE PAVING PROJECT

CLINTON KEITH RD

SIGNING AND STRIPING
120
SHEET No.
19 OF 19 SHTS PREPARED BY: TERRY M. RENNER
R.C.E. No. 69984 EXP. 09/30/2024
2305 CHICAGO AVE
RIVERSIDE, CA 92507
DocuSign Envelope ID: A022EB5F-87C0-48FC-BD5E-503F98CFD31F 5/24/2023
600
133
Appendix B. Spot Repair Locations

1. Bundy Canyon Road End of Cons truction, Eastbound Lane – 1060 SF

2. 23302 Bundy Canyon Road, Eastbound Lane – 416 SF

3. Bundy Canyon Road East of Oak Circle, Eastbound Lane – 456 SF

4. 23749 Bundy Canyon Road, Westbound Lane – 1500 SF

5. 23742 Bundy Canyon Road, Eastbound Lane – 1228 SF

6. Bundy Canyon Road Eastbound Lane between t he Farm Road and Harvest Way - 400 SF

7. Bundy Canyon Road between Green Meadow Way and Harvest Way, Eastbound and Westbound Lanes – 6624 SF

8. Bundy Canyon Road between East Harvest Way and Cottonwood Eastbound Lane – 400 SF

9. Orange Street between Canyon Dr ive and Bundy Canyon Road – 820 SF

10. Clinton Keith Road east of Carrington, Eastbound Lane – 3168 SF

11. Clinton Keith Road east of Bridle Path, Eastbound Lane – 240 SF

12. Clinton Keith Road west of Smith Ranch, Westbound Lane – 668 SF

13. Clinton Keith Road between Smith Ranch and Elizabeth – 1500 SF

14. Clinton Keith Road at Salida Del Sol – 6960 SF
DocuSign Envelope ID: C9464260-042F-41DC-A60B-54894D27F4E3 601
°0 0.5 10.25
Miles
Appendix B. Spot Repair Locations Exhibit
10 11
12 13
14 8
7 6
5 4
1 3
2 1
9 DocuSign Envelope ID: C9464260-042F-41DC-A60B-54894D27F4E3 602
135
Appendix C. Type II Slurry Seal Map Exhibits
DocuSign Envelope ID: C9464260-042F-41DC-A60B-54894D27F4E3 603
DocuSign Envelope ID: C9464260-042F-41DC-A60B-54894D27F4E3 604
DocuSign Envelope ID: C9464260-042F-41DC-A60B-54894D27F4E3 605
DocuSign Envelope ID: C9464260-042F-41DC-A60B-54894D27F4E3 606
DocuSign Envelope ID: C9464260-042F-41DC-A60B-54894D27F4E3 607
DocuSign Envelope ID: C9464260-042F-41DC-A60B-54894D27F4E3 608
DocuSign Envelope ID: C9464260-042F-41DC-A60B-54894D27F4E3 609
DocuSign Envelope ID: C9464260-042F-41DC-A60B-54894D27F4E3 610
DocuSign Envelope ID: C9464260-042F-41DC-A60B-54894D27F4E3 611
612
613
614
615
616
617
618
619
620
621
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623
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629
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631
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645
Agreement for Construction Services

646
(05-2023)
4858-9825-5194 v2 ROAD MAINTENANCE AND REHABILITATION & SLURRY SEAL CONTRACT PROJECT NO. CIP 057-2 AND CIP 058-2

Page 1 ends

PUBLIC WORKS CONTRACT
This contract (“Contract”) is effective as of July 12, 2023, and is between the CITY OF WILDOMAR, a California municipal corporation (“Owner”), and All American Asphalt, a California Corporation (“Contractor”), collectively referred to as the “Parties” and individually a “Party.” Recitals. This Contract is entered into with respect to the following facts:

Owner received Contractor’s Proposal for the Work involved in the Road Maintenance and Rehabilitation Project, CIP 057-2, and the Slurry Seal Project, CIP 058-2 (“Project”), which is more fully described in the Contract Documents.

Contractor represents and warrants that it is fully qualified to perform all of the Work required to complete the Project.

Contractor agrees to perform all such Work in the time and manner set forth in the Contract Documents.

The City Council has awarded the Contract to Contractor.

Contract Documents. To the extent they exist, this Contract consists of the following documents (“Contract Documents”), all of which are made a part of this Contract:

Notice of Inviting Bids
Instructions to Bidders, and any Addenda or Bulletins
Contractor’s Proposal (for reference purposes only)
Notice to Proceed
This Contract
Bid Schedules
Approved Change Orders
General Conditions
Verification of California Contractor’s License
Contractor’s Certificate Regarding Workers’ Compensation Payment Bond (labor and materials) (for projects exceeding $25,000) Security for performance
Certificate(s) of Insurance
647
(05-2023)
4858-9825-5194 v2 ROAD MAINTENANCE AND REHABILITATION & SLURRY SEAL CONTRACT PROJECT NO. CIP 057-2 AND CIP 058-2

Page 2 ends

Technical Specifications (including attached plans and drawings) Other documents (list here)
Exhibit A – Compensation
Exhibit B – Insurance
Exhibit F – Apprenticeship and Skilled and Trained Workforce Requirements The Work.

The Work (“Work”) to be performed by Contractor is described in the Contract Documents.

In completing the Work, Contractor must employ, at a minimum, the applicable generally accepted professional standards of its industry in existence at the time of performance as utilized by persons engaging in similar Work.

Except as specifically provided in the Contract Documents, Contractor must furnish, at its sole expense, all of the labor, materials, tools, equipment, services and transportation necessary to perform all of the Work, including any incidental Work that is not expressly shown or described in the Contract Document but is required for the successful completion of the Work.

Contractor must perform all of the Work in strict accordance with the Contract Documents.

Warranty. Contractor warrants all Work under the Contract (which for purposes of this provision shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship.

Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) Days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at his sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require verifying that any corrective actions, including, without limitation, redesign, r epairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and 648
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materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

Standard of Performance. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and its subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed on the Work.

Inspection and Acceptance of Work. Owner may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. Owner shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to Owner. Owner shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. Owner’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by Owner shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, provisions pertaining to warranty, indemnification and insurance.

Time to Perform the Work.

Commencement Date will be on the date established in the Notice to Proceed. Owner reserves the right to modify or alter the Commencement Date of the Work.

Final Completion Date: Within One Hundred Fifty (150) days of date of Notice to Proceed. 649
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Time is of the essence with respect to Contractor’s Work. Contractor agrees to diligently pursue performance of the Work within the time specified by the Contract Documents.

Contractor will be excused from any delay in performance or failure to perform due to causes beyond the control of Contractor and not reasonably anticipated by the parties. Such causes include, but are not limited to, acts of God, acts of terrorism, acts of federal, state or local governments, acts of Owner, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather.

If Contractor is delayed by any cause beyond Contractor’s control, Owner may, but is not required to, grant a time extension for the completion of the Work. If delay occurs, Contractor must notify Owner in writing within 48 hours of the cause and identify the extent of the delay, how such delay interferes with Contractor’s performance of the Work, and the impact of the delay on the Project’s schedule’s critical path through the submission of a “Time Impact Evaluation” (TIE).

TIE Format and Contents. Each TIE must include a written narrative and a schedule diagram depicting how the delay or other impact affects other schedule activities.

The schedule diagram must show how Contractor proposes to incorporate and mitigate the delay or other impact in the schedule and how it impacts the current schedule update critical path or otherwise. Contractor is also responsible for establishing time extensions based on the TIE’s impact on the critical path. The diagram must be tied to the main sequence of scheduled activities to enable Owner to evaluate the impact of the delay, including any impacted Work activities, to the scheduled critical path.

Contractor is responsible for all costs associated with preparing TIE’s, and the process of incorporating TIE’s into the current schedule update.

Liquidated Damage Amounts.

As liquidated damages for delay Contractor must pay Owner One Thousand dollars ($1000.00) for each calendar day that expires after the time specified for Contractor to achieve Final Completion of the entire Work, until achieved.

Scope of Liquidated Damages.

Contractor and Owner agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of such actual damages incurred by Owner because of a delay in completion of all or any part of the Work. Contractor and Owner agree that specified measures of liquidated damages will be presumed to be the amount of such damages actually sustained by Owner, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages.
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The parties intend that liquidated damages constitute compensation, and not a penalty. Liquidated damages for delay will cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by Owner as a result of delay. Liquidated damages will not cover the cost of completion of the Work, damages resulting from Defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from Owner (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Owner may deduct from any money due or to become due to Contractor subsequent to time for completion of entire Work and extensions of time allowed pursuant to this Contract, a sum representing then-accrued liquidated damages.

Compensation and Payment.

Subject to any limitations provided in the Contract Documents, Owner agrees to pay Contractor, as full consideration for the faithful performance and successful completion of all Work under the Contract Documents, including all labor, materials, equipment furnished in connection therewith, the compensation set forth in Exhibit A (“Compensation”), which is made a part of this Contract.

Contractor must furnish to Owner a Pay Estimate for the Work performed in accordance with the Contract Documents. Contractor may not submit a Pay Estimate more often than once every 30 days.

Owner will review each Pay Estimate and determine whether the Work performed is in accordance with the Contract Documents. Owner may require Contractor to provide a release of all undisputed Contract amounts contained in the Pay Estimate.

If Owner disputes any item on a Pay Estimate, Owner will give Contractor notice stating the reasons for the dispute. The Parties will meet and confer in good faith to attempt to resolve the dispute.

Except as to any charges for the Work performed that Owner disputes and excluding the Owner’s standard five-percent retention on all approved progress payments, Owner will cause Contractor to be paid within 30 days of the date of the Pay Estimate or the date that Contractor furnishes Owner with a release of all undisputed Contract amounts, whichever occurs later. If the Project is paid for in whole or in part with federal funds, progress payments made to Contractor will not be subject to the five-percent retention noted above.

In the event there is any claim specifically excluded by Contractor from the operation of any release, Owner may retain an amount not to exceed the amount of the excluded claim.

Labor Code and Prevailing Wage Requirements.
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Contractor agrees to comply with the requirements of California Labor Code sections 1810 through 1815. Eight hours of labor constitutes a legal day’s Work per Labor Code section 1810. Contractor will forfeit the statutory penalty to Owner for each Worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such Worker is required or permitted to Work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code sections 1810 through 1815.

Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of Worker needed to execute this Contract are available for download from the State website:
http://www.dir.ca.gov/OPRL/dprewagedetermination.htm.

Contractor must post at the Work site, or if there is no regular Work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) When applicable, copies of the prevailing rate of per diem wages will be on file at Owner’s main office and available to Contractor and any other interested party upon request.

Contractor, and any subcontractor engaged by Contractor, must pay not less than the specified prevailing rate of per diem wages to all Workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.

Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor will forfeit the statutory penalty to Owner for each Worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the Worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each Worker for each calendar day, or portion thereof, for which each Worker was paid less than the prevailing wage rate.

Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations.

This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s Work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have 652
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written apprentice contracts, may be employed on public Works in apprenticeable occupations. If the Agreement exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements. Contractor shall also comply with the Apprenticeship Program and Skilled and Trained Workforce Requirements attached hereto as Exhibit F to the extent required by law.

Contractor has reviewed and agrees to comply with any applicable provisions for any public Work subject to Department of Industrial Relations (DIR) Monitoring and Enforcement of prevailing wages, including the registration requirements of Labor Code Section 1771.1(a). Owner hereby notifies Contractor that Contractor is responsible for submitting certified payroll records directly to the State Compliance Monitoring Unit (CMU). For further information concerning compliance monitoring please visit the website location at: http://www.dir.ca.gov/dlse/cmu/cmu.html.

Contractor must comply with Labor Code section 1771.1(a), which provides that Contractor may award any contracts and subcontracts for Work that qualifies as a “public Work” only to subcontractors which are at that time registered and qualified to perform public Work pursuant to Labor Code Section 1725.5. Contractor must obtain proof of such registration from all such subcontractors. Where the prime contract is less than $15,000 for maintenance Work or less than $25,000 for construction, alternation, demolition or repair Work, such registration is not required.

In addition to submitting the certified payrolls and related documentation to the City, the contractor and all subcontractors are required to submit certified payroll and related documents electronically to the California Department of Industrial Relations (DIR). Failure to submit payrolls to the DIR when mandated by the Project parameters will also result in the withholding of progress, retention and final payment. Certified payroll information for this project must be submitted electronically through LCPtracker. No hard copy payrolls will be accepted.

If the Compensation exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705.

To this end, Contractor shall submit for Owner’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify Owner of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by Owner; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such 653
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contract work. Upon notification, Owner shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

No contractor or subcontractor may be listed on a bid proposal for a public Works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptio ns from this requirement for bid purposes only under Labor Code section 1771.1(a)].

Contractor agrees to comply with AB 685, which imposes requirements relating to Covid- 19, including without limitation requirements to (i.) notify employees of potential Covid-19 exposures, and (ii) report workplace outbreaks to local public health agencies.

Contractor agrees to comply with Labor Code section 1720.3, which requires that prevailing wages be paid to (i.) drivers hauling refuse from a public works site to an outside disposal location; and (ii.) drivers on-hauling of materials used for paving, grading and fill onto a public works site if the driver’s work is integrated into the flow process of construction.

Non-Discrimination. Contractor, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940. Contractor is responsible for compliance with this section, and must include these non- discrimination provisions in all subcontracts for performance of the Work.

General Legal Compliance.

In performing the Work, Contractor must comply with all applicable federal, state, and local statutes, laws, regulations, and ordinances including, but not limited to, OSHA requirements.

Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law.

Contractor must maintain a valid California Contractor’s License throughout the term of this Contract.
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Clayton and Cartwright Act Assignments . In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Contractor and any subcontractor will be deemed to have offered and agreed to assign to Owner all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effective at the time Owner tenders final payment to Contractor, without further acknowledgement by the Parties.

Independent Contractor . Contractor is and will at all times remain as to Owner a wholly independent contractor. Neither Owner nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of Owner.

Indemnification.

Contractor agrees to the fullest extent permitted by law (including, without limitation, California Civil Code section 2782) to (1) immediately defend, (2) indemnify, and (3) hold harmless Owner and its officers, directors, employees, agents, contractors, consultants, and other parties Working on Owner’s behalf (collectively, “Owner indemnified parties”) from and against, any and all claims and liabilities, regardless of the nature or type, that directly or indirectly arise out of, pertain to, or relate to performance of the Work under this Contract by Contractor, or its officers, employees, agents, or subcontractors committed in performing any Work under this Contract or the failure to comply with any of the obligations of this Contract, resulting from any cause whatsoever except for the sole negligence, active negligence, of willful misconduct of Owner (collectively, “Claims”). The Claims subject to Contractor’s duties to defend and indemnify include, without limitation, all claims, actions, causes of action, proceedings, suits, losses, damages, penalties, fines, judgments, liens, levies, and associated investigation and administrative expenses. Such Claims also include defense costs, including reasonable attorneys’ fees and disbursements, expert fees, court costs, and costs of alternative dispute resolution.

Contractor’s duty to defend is a separate and distinct obligation from Contractor’s duty to indemnify. Contractor is obligated to defend Owner in all legal, equitable, administrative, or special proceedings, with counsel approved by Owner, immediately upon tender to Contractor of the Claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the Claim does not relieve Contractor from its separate and distinct obligation to defend under this section. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation 655
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to provide independent defense counsel if Contractor asserts that liability is caused in whole or in part by the negligence or willful misconduct of any Owner indemnified party. If it is finally adjudicated that liability was caused by the sole negligence, active negligence, or willful misconduct of any Owner indemnified party, then Contractor may submit a claim to Owner for reimbursement of reasonable attorneys’ fees and defense costs in proportion to the established comparative liability of the Owner indemnified party.

Contractor agrees that its defense and indemnification obligation under this section, includes the reasonable costs of attorneys’ fees incurred by the Owner’s legal counsel to monitor and consult with Contractor regarding the defense of any Claims, including providing direction with regard to strategy, preparation of pleadings, settlement discussions, and attendance at court hearings, mediations, or other litigation related appearances. Owner will use its best efforts to avoid duplicative attorney Work or appearances in order to keep defense costs to a reasonable minimum.

Contractor agrees that settlement of any Claim will require the consent of Owner. Owner agrees that its consent will not be unreasonably withheld provided that Contractor is financially able (based on demonstrated assets) to fulfill its obligation to indemnify Owner for the costs of any such settlement as required under this Contract.

Contractor’s obligation to indemnify Owner applies unless it is finally adjudicated that the liability was caused by the sole, negligence, active negligence, or willful misconduct of a Owner indemnified party. If a Claim is finally adjudicated and a determination made that liability was caused by the sole negligence, active negligence, or willful misconduct of an Owner indemnified party, then Contractor’s indemnification obligation will be reduced in proportion to the established comparative liability.

For the purposes of this section, “Owner” includes the City of Wildomar’s officers, officials, board members, employees and agents.

The provisions of this section will survive the expiration or earlier termination of this Contract.

Insurance. Contractor agrees to have and maintain in full force and effect during the term of this Contract the insurance coverages listed in Exhibit B (“Insurance”), which is made a part of this Contract.

Notice.

All written notices required or permitted to be given under this Contract will be deemed made when received by the other Party at its respective address as follows:
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To Owner: City of Wildomar
23873 Clinton Keith Road, Suite 110
Wildomar, CA 92595
Attention: Jason Farag, Public Works Director
Phone: (951) 677-7751 ext. 219
Email: [email protected]

To Contractor: All American Asphalt
400 E. 6
th St., Corona, CA 92879
Attention: Edward J. Carlson, Vice President
Phone: 951-736-7600
Email: [email protected]
Notice will be deemed effective on the date personally delivered or transmitted by facsimile, or such other electronic means as may be agreed to by the parties. If the notice is mailed, notice will be deemed given three days after deposit of the same in the custody of the United States Postal Service, postage prepaid, for first class delivery, or upon delivery if using a major courier service with tracking capabilities.

Any Party may change its notice information by giving notice to the other Party in compliance with this section, before the change in notice information becomes effective.

Owner Rights of Termination and to Complete the Work.

Termination for Cause (Default). The occurrence of any of the following is a default by Contractor under this Contract:

Contractor refuses or fails to prosecute the Work or any part thereof with such diligence as will ensure its completion within the time specified or any permitted extension.

Contractor fails to complete the Work on time.

Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor’s insolvency.

Contractor fails to supply enough properly skilled Workers or proper materials to complete the Work in the time specified.

Contractor fails to make prompt payment to any subcontractor or for material or labor.

Contractor fails to abide by any applicable laws, ordinances or instructions of Owner in performing the Work.
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Contractor breaches or fails to perform any obligation or duty under the Contract and such breach or failure remains uncorrected following Owner’s notice to Contractor of the breach.

Upon the occurrence of a default by Contractor, Owner will serve a written notice of default on Contractor specifying the nature of the default and the steps needed to correct the default. Unless Contractor cures the default within 10 days after the service of such notice of default, or makes satisfactory arrangements acceptable to Owner for the correction or elimination of such default, as determined by Owner, Owner may thereafter terminate this Contract by serving written notice termination on Contractor. In such case, Contractor will not be entitled to receive any further payment, except for Work actually completed prior to such termination in accordance with the provisions of the Contract Documents.

In event of any such termination, Owner will also immediately serve written notice of the termination upon Contractor’s surety. The surety will have the right to take over and perform pursuant to this Contract; provided, however, that if the surety does not give Owner written notice of its intention to take over and perform this Contract within five days after service of the notice of termination or does not commence performance within 10 days from the date of such notice, Owner may take over the Work and prosecute the same to completion by separate contract or by any other method Owner may deem advisable, at the sole cost and expense of Contractor.

Contractor and the surety will be liable to Owner for any and all excess costs or other damages incurred by Owner in completing the Work.

If Owner takes over the Work as provided in this Section, Owner may, without liability for so doing, take possession of, and utilize in completing the Work, such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary for the completion of the Work.

If Owner takes over the Work, Owner may also take possession of outstanding materials on order for the completion of the project, upon payment to the vendor. All excess costs incurred by Owner in obtaining such materials, will be the responsibility of the Contractor.

Termination for Convenience. Owner may terminate performance of the Work under the Contract in accordance with this clause in whole, or from time to time in part, if Owner determines that termination is in Owner’s best interest. Termination will be effected by Owner delivering to Contractor notice of termination specifying the extent to which performance of the Work under the Contract is terminated, and the effective date of the termination.

Contractor must comply with Owner’s direction regarding the effective date of the termination, the extent of the termination, and must stop Work on the date and to the extent specified.

Contractor will be entitled to a total payment on account of the Contract Work so terminated, measured by (i.) the actual cost to Contractor for Work actually 658
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performed, up to the date of the termination, with profit and overhead limited to twelve percent (12%) of actual cost of Work performed, and (ii.) offset by payments made and other Contract credits. In connection with any such calculation; provided, however, Owner retains all rights and remedies under the Contract including, without limitation, claims, indemnities, setoffs/offsets, or back charges.

Under no circumstances may Contractor recover legal costs of any nature, nor may Contractor recover costs incurred after the date of the termination.

Project Documents. All product/material data sheets, shop drawings, submittals, submittal logs, samples, invoices, purchase orders, operation and maintenance manuals and instructions, RFIs, RFI logs, maps, models, notes, photographs, reports, studies and other documents (collectively, “Project Documents”) prepared, developed or discovered by Contractor in the course of performing any of the Work under this Contract will become the sole property of Owner. Upon the expiration or termination of this Contract, Contractor must turn over all original Project Documents to Owner in its possession, but may retain copies of any of the Project Documents it may desire.

Change Orders and Claims
The Public Contract Code including, without limitation, Section 7105(d)(2), and Government Code section 930.2 and following, apply to all procedures for changes, time extensions, change orders (time or compensation) and claims.

Any change, waiver, or omission to implement the contract change order and claim procedures will have no legal effect unless expressly permitted in a fully executed change order approved by Contractor and Owner.

Resolution of Construction Claims (PCC § 20104 and following) Public Contract Code section 20104 and following, specifies required provisions on resolving contract claims less than $375,000, which are set forth below, and constitute a part of this Contract.

For the purposes of this section, “claim” means a separate demand by Contractor of $375,000 or less for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (3) an amount the payment of which is disputed by Owner. In order to qualify as a claim, the written demand must state that it is a claim submitted under Section 17 of the Contract and be submitted in compliance with all requirements of this Section. Separate Contractor claims that together total more than $375,000 do not qualify as a “separate demand of $375,000 or less,” as referenced above, and are not subject to this Section.

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to liability or amount, then the disputed portion of the submission may be converted to a claim under this section by submitting a separate claim in compliance with Contract Documents claim submission requirements.

This section does not apply to tort claims, and nothing in this section is intended nor may it be construed to change the time periods for filing tort claims or actions specified by Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code.

Claims Procedure under Public Contract Code § 20104 and following:

The claim must be in writing, submitted in compliance with all requirements of the Contract including, without limitation, the time prescribed by and including the documents necessary to substantiate the claim. Claims must be filed on or before the day of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements for the filing of claims under the Contract.

For claims of fifty thousand dollars ($50,000) or less, Owner will respond in writing within 45 days of receipt of the claim, or Owner may request in writing within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to any defenses or claims Owner may have against Contractor. If additional information is thereafter required, it must be requested and provided in accordance with this section upon mutual agreement of Owner and Contractor. Owner’s written response to the claim, as further documented, must be submitted to Contractor within 15 days after receipt of further documentation or within a period of time no greater than taken by Contractor in producing the additional information, whichever is greater.

For claims over Fifty Thousand Dollars ($50,000) and less than or equal to $375,000: Owner will respond in writing within 60 days of receipt of the claim, or Owner may request in writing within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to any defenses or claims Owner may have against Contractor. If additional information is thereafter required, it must be requested and provided in accordance with this section, upon mutual agreement of Owner and Contractor; Owner’s written response to the claim, as further documented, must be submitted to Contractor within 30 days after receipt of further documentation or within a period of time no greater than taken by Contractor in producing the additional information, whichever is greater.

Meet and Confer: If Contractor disputes Owner’s written response, or Owner fails to respond within the time prescribed above, Contractor must notify Owner, in writing, either within 15 days of receipt of Owner’s response or within 15 days of Owner’s failure to timely respond, and demand an informal conference to meet and confer for settlement of the issues in 660
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dispute. Upon demand Owner will schedule a meet and confer conference within 30 days for settlement of the dispute. Following the meet and confer conference, if the claim or any portion remains in dispute, Contractor may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.

For purposes of those provisions, the running of the period of time within which a claim must be filed will be tolled from the time Contractor submits its written claim as set forth in this section, until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.

Claims Process under Public Contract Code § 9204:

Upon receipt of a claim pursuant to this section, Owner must conduct a reasonable review of the and, within a period not to exceed 45 days, must provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, Owner and Contractor may, by mutual agreement, extend the time period provided in this subsection.

The Contractor must furnish reasonable documentation to support the claim.

If Owner needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, Owner will have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

Any payment due on an undisputed portion of the claim will be processed and made within 60 days after Owner issues its written statement. If Owner fails to issue a written statement, subsection 17.6.3 above will apply.

If the Contractor disputes Owner's written response, or if Owner fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, Owner will schedule a meet and confer conference within 30 days for settlement of the dispute.

Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, Owner must provide the Contractor a written statement identifying the 661
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portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after Owner issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, will be submitted to nonbinding mediation, with Owner and the Contractor sharing the associated costs equally. Owner and Contractor must mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party will select a mediator and those mediators will select a qualified neutral third party to mediate with regard to the disputed portion of the claim.

Each party will bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute will be subject to applicable procedures outside this section.

For purposes of this section, medi ation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized must conform to the timeframes in this section.

This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute.

Failure by Owner to respond to a claim from contractor within the time periods described in this section or to otherwise meet the time requirements of this section will result in the claim being deemed rejected in its entirety.

A claim that is denied by reason of Owner's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, will not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor.

Amounts not paid in a timely manner as require d by this section will bear interest at seven percent per annum.

If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against Owner because privity of contract does not exist, the contractor may present to Owner a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on its own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for Work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to Owner must furnish reasonable documentation to support 662
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the claim. Within 45 days of receipt of this written request, the Contractor must notify the subcontractor in writing as to whether the Contractor presented the claim to Owner and, if the Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

General Provisions.

Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.

Assignment. Contractor may not assign this Contract without the prior written consent of Owner, which consent may be withheld in Owner’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract.

Third Party Beneficiaries. Contractor’s subcontractor must agree to be bound to the terms of the Contract Documents to the extent of their scope of Work, including but not limited to, terms regarding indemnity and dispute resolution, and must agree that Owner is deemed an express third party beneficiary of their subcontracts. Nothing in this Contract, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Contract.

Binding Effect. This Contract is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties.

Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and Owner prior to the execution of this Contract.

Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the Board of Directors of Owner or Owner Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.

Audit/Inspection Of Records. Contractor shall maintain all documents and records prepared by or furnished to Contractor during the course of performing the Work for at least three (3) years following completion of the Work. Such records include, but are not limited to, correspondence, internal memoranda, calculations, books and accounts, accounting records and job cost reports/data documenting all labor, materials, equipment and Work furnished under this Contract, and invoices, payrolls, records and all other data related to matters covered by this Contract.

Contractor shall permit Owner to audit, examine and make copies, excerpts and transcripts from any such records, and Contractor shall in no event dispose of, 663
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destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years after Owner makes the final or last payment or within three (3) years after any pending issues and disputes between Owner and Contractor regarding this Contract Agreement are resolved, whichever is later.

Attorneys’ Fees and Costs. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action.

Risk of Loss. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City.

Counterparts, Electronic Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. This Contract and any amendments will be considered executed when the signature of a party is delivered by electronic transmission. Such electronic signature will have the same effect as an original signature.

Waiver. Waiver by any Party of any term, condi tion, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by Owner of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract.

Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party.

Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision.

Governing Law and Venue. This Contract shall be deemed to have been executed in the City where the Project is located. Enforcement of this Agreement shall be governed by the laws of the State where the Project is located, excluding its conflict of laws rules. In the event of litigation between the parties, venue in state trial courts will be in the County of Riverside.

The Parties have caused this Contract to be executed by their undersigned authorized agents as follows:
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OWNER: CITY OF WILDOMAR

Dan York, City Manager

ATTEST:

Janet Morales, City Clerk

APPROVED AS TO FORM

Thomas D. Jex, City Attorney

CONTRACTOR: ALL AMERICAN ASPHALT

(If not an individual, two signatures are required)

Edward J. Carlson, Vice President

Michael Farkas, Secretary
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20 EXHIBIT A

COMPENSATION
The total compensation under this Contract may not exceed:

The sum of Three Million, Seven Hundred Ninety Three Thousand, One Hundred Dollars and Fifty Six Cents ($3,793,100.56).

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21 EXHIBIT B

INSURANCE

1. General Requirements . Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits (combined single)
Commercial General Liability $2,000,000
Business Automobile Liability $1,000,000
Workers’ Compensation Statutory Requirements
Pollution Liability Insurance As stated below

2. Commercial General Liability Insurance. This policy must meet or exceed the requirements of Insurance Services Office (ISO) CGL Form No. CG 00 01. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. The insurance must be on an “occurrence” not a “claims-made” basis. Defense costs must be paid in addition to limits. There must be no cross-liability exclusion for claims or suits by one insured against another. Limits may be no less than $2,000,000 per occurrence for all covered losses, and no less than $4,000,000 general aggregate.

Liability policies must be endorsed to name Owner, its officials, employees and agents as “additional insureds” under the insurance coverage.

Additional Insured
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Insurance
For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as IS O CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Coverage must be applicable to Owner for injury to employees of Contractor, subcontractors, agents or others performing any part of the Work required under this 667
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22 Contract. Each policy must be endorsed to provide a separate limit applicable to this Project.

The Commercial General Liability policy must not contain any endorsements limiting coverage beyond the basic policy coverage for any of the following:

1. Explosion, collapse or underground hazard (XCU);

2. Products and completed operation;

3. Public liability;

3. Pollution liability; or

4. Contractual liability.

3. Business Auto Coverage. This policy must be on ISO Business Auto Coverage Form CA 00 01 including symbol 1 (Any Auto) and Endorsement CA 0025, or equivalent forms approved in writing by Owner. Limits must not be less than $1,000,000 per accident, combined single limit, or if Contractor neither leases nor owns vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of personal auto liability coverage for each such person.

4. Workers Compensation. Contractor must have a State of California approved policy form providing the statutory benefits required by law with employer’s liability limits of no less than $1,000,000 per accident for all covered losses, or Contractor must provide evidence of an approved self-insurance program. Further, Contractor must be in compliance with mandatory coverage requirements imposed by Senate Bill 216 (Business and Professions Code § 7125.)

5. Pollution Liability Insurance . Pollution/Environmental Impairment Liability Insurance must be written on a Contractor’s Pollution Liability form or other form acceptable to Agency providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit must be no less than $5,000,000 per claim and in the aggregate. All activities contemplated in this Contract must be specifically scheduled on the policy as “covered operations.” The policy must provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

6. Other Insurance; Revisions to Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by Owner. Owner reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor 60 days advance written notice of such change. If such change results in substantial additional cost to Contractor, Owner and Contractor may renegotiate Contractor’s compensation.

7. Acceptable Insurers. All required insurance policies must be issued by an insurance company currently authorized by the California Insurance Commissioner to transact the business of insurance in the State of California, with an assigned policyholders’ Rating of 668
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23 A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Owner’s Risk Manager or General Counsel.

8. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop-down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay-on-behalf” basis, with defense costs payable in addition to policy limits. There may be no cross- liability exclusion precluding coverage for claims or suits by one insured against another.

Coverage must be applicable to Owner for injury to employees of Contractor, its subcontractors or others performing Work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of Owner following receipt of proof of insurance as required herein. Limits are subject to review, but in no event may be less than $4,000,000 per occurrence and aggregate.

9. Certificates of Insurance and Endorsements . Prior to commencing any Work under this Contract, Contractor must file with the Owner Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by Owner. Such Certificates of Insurance and Endorsements must be in a form approved by Owner’s legal counsel. Contractor must maintain current certificates and endorsements on file with Owner during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days’ prior written notice to Owner.

10. Failure to Maintain Required Insurance . If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, Owner may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.

11. Effect of Coverage . The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract.

12. Higher Limits of Insurance. If the contractor maintains broader coverage and/or higher limits than the minimums shown above for all policies, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

13. Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity 669
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24 has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

.
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25 Exhibit F

APPRENTICESHIP PROGRAM AND SKILLED AND TRAINED WORKFORCE REQUIREMENTS

ARTICLE 1 COMPLIANCE
Contractor and Subcontractors shall comply with th e requirements of Labor Code Sections 1776, 1777.5, and 1777.6 concerning the employment of apprentices by Co ntractor or Subcontractors. Willful failure to comply may result in penalties, including loss of the right to Bid on or receive public works contracts.

ARTICLE 2 APPRENTICESHIP REQUIREMENTS
Contractor and Subcontractors understand and agree that to the extent compensation for the Work contemplated in this agreement is greater than $30,000, apprentices will need to be employed on the Project as required by law. (Labor Code section 1777.5(d).) If apprentices will need to be employed, Contractor understands and agrees that:

It is Contractor’s responsibility to submit contract award information for reach craft required on the Project using the appropriate form prepared by the Divisi on of Apprenticeship Standar ds (“DAS”) within the California Dpeartment of Industrial Relations (“DIR ")—currently the “DAS 140 form.” A copy of the current DAS 140 form is available at Attachment A fo r reference. If Contractor is approved to train apprentices, Contractor must send the required information to it s apprenticeship committee. If Contractor is not approved to train apprentices, Contractor must send the information to all apprenticeship committees that can supply apprentices to the site of the public works project.

It is Contractor’s responsibility to make training fund contributions in the amount established in the prevailing wage rate – either to the applicable apprenticeship committee, or the California Apprenticeship Council (“CAC”).

It is Contractor’s responsibility to contact the applicable apprenticeship committee to request apprentices for each craft or trade on the Project using the appropriate form DIR, currently the DAS 142 form. A copy of DAS 142 is available at Attachment B for refere nce. The form must be submitted at least three business days before apprentices are required.

It is Contractor’s responsibility to ensure apprentices are employed in the correct ratio. Contractor should be sure to employ on hour of apprentice work for every five hours performed by a journeyman level worker.

More information is available on DIR’s website. https://www.dir.ca.gov/Public-Works/Apprentices.html Contractor is responsible for complying with any updated guidance, and using any updated forms, provided by DIR.

CERTIFICATION OF APPROVAL
Labor Code Section 1777.5, as amended, requires a Contractor or Subcontractor employing tradespersons in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of a public works project and which administers the apprenticeship program in that trade for a certification of approval.

The certificate shall also fix the ra tio of apprentices to journeypersons that will be used in performance of the Contract. The ratio of work performed by apprentices to journeypersons in such cases shall not be less than one hour of apprentices work for every five hours of labor performed by journeypersons (the minimum 671
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26 ratio for the land surveyor classification shall not be less than one apprentice for each five journeypersons), except:

When unemployment for the previous three month period in the area exceeds an average of 15 percent; When the number of apprentices in training in the area exceeds a ratio of one to five; When a trade can show that it is replacing at leas t 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally; or
Assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his or her life or the life, safe ty, or property of fellow employees or the public at large or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyperson.

FUND CONTRIBUTIONS
Contractor is required to make contributions to fu nds established for administration of apprenticeship programs if Contractor employs re gistered apprentices or journeypersons in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.

APPRENTICESHIP STANDARDS
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of the California Department of Industrial Relations, or from the Division of Apprenticeship Standards and its branch offices.

SKILLED AND TRAINED WORKFORCE REQUIREMENTS
Contractor, if and to the extent other wise required by law, shall meet the requirements of Public Contract Code § 2601(d) subject to certain exceptions set fort h therein, that the require d percentage of the skilled journeypersons or skilled journeyperson hours employed to perform work on the Project by the Contractor and all subcontractors are graduates of an apprenti ceship program for the applicable apprenticeable occupation. Contractor understands and agrees th at the skilled and trained workforce requirements of Public Contract Code § 2601 et. seq., and of this articl e, apply to the extent the Contract is for a design- build Project, and the Compensation described in Exhibit A is $1,000,000 or greater. (Public Contract Code sections 10191, 22162-22164.)

“Skilled Journeyperson” means a worker who either:

Graduated from an apprenticeship program for the appl icable occupation that was approved by the Chief or apprenticeship program located outside California and approved for federal purposes, pursuant to the apprenticeship regulations adopted by the Federal Secretary of Labor.

Has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program that is approved by the Chief.

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27 A graduate of an apprenticeship program means either of the following:

An individual that has been issued a certificate of completion unde r the authority of the California Apprenticeship Council for completing an apprenticeship program approved by the Chief pursuant to Section 3075 pf the Labor Code; or
An individual that has completed an apprenticeshi p program located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor.

Pursuant to Public Contract Code section 2602 and if and to the ex tent otherwise required by law, Contractor shall certify that it, and all its contractors and su bcontractors at every tier will comply with the Skilled and Trained Workforce Requirements of Public Contract Code Chapter 2.9 (Sections 2600 through 2603). Prime Contractor also understands and ackn owledges that it shall provide the Owner a monthly report, in the form in Attachment C below or a substantially similar form, demonstrating compliance with the Skilled and Trained Workforce Requirements listed in P ublic Contract Code Chapter 2.9 (Sections 2600 through 2603). If Contractor fails to provide the mont hly report, or a report that is incomplete, Owner will withhold future payments until a complete report is provided. The definitions, obligations, rights and remedies set forth in Public Contract Code Sect ion 2600-2603 are hereby incorporated by reference and made a part of this agreement.

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28 Attachment A
DAS 140

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29 675
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30 676
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31 Attachment B
DAS 142
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32 678
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33 Attachment C
Skilled and Trained Workforce Monthly Compliance Report

DIRECTIONS: This form is required to be submitted by the Contractor for all contractors regardless of tier by the Xth of the following month for work performed corresponding to this reporting period. Items with a red asterisk (*) indicate a required field.

Project Title:
*Project Number:
*Prime Contractor:
*Subcontractor:
*Contact Name:
*Contact Number:

Month Year

Exceptions:*

*Work Month & Year:

*Report: Please fill out the following report of all apprenticeable occupations utilized in this reporting period.

SKILLED JOURNEYPERSON (SJ) REPORT
*Apprenticeable
Occupation
*Required
minimum
SJ:

Apprentice
Graduate %
(see 2nd
page
attachment)
Number of Skilled
Journeypersons (SJ)
employed by the contractor
to perform work on the
project
SJ ratio
between the
number of
SJ:

Apprentice
Graduates
to SJ: On-
The-Job
Experience
Workers
Number of hours worked by
SJ employed by the
contractor to perform work
on the project
SJ ratio of
hours
worked by
SJ:

Apprentice
Graduates
compared
with SJ: On-
The-Job
Experience
Workers
*SJ:

Apprentice
Graduate
*SJ: On-
The-Job
Experience
*SJ:

Apprentice
Graduate
*SJ: On-
The- Job
Experience

**EXAMPLE**
Laborer
40% 7 3 70% 30 70 30%

Terms Definitions
Apprentice Defined in Labor Code 3077
Skilled Journeyperson: Apprentice Graduate Defined in Public Contracts Code 2601 (e) (1) Skilled Journeyperson: On-The-Job-Experience Defined in Public Contracts Code 2601 (e) (2)

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34 (End of Exhibit F)
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35 VERIFICATION OF CALIFORNIA
CONTRACTOR’S LICENSE

I certify, under penalty of perjury, that I have a valid California Contractor’s license issued pursuant to Business and Professions Code section 7000 and following, and was so licensed at the time that the bid was awarded:

California Contractor’s License:

License Number Class Expiration Date

CONTRACTOR (PRINT OR TYPE)

Date Signature

(Public Contract Code § 6100)
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36 CERTIFICATE REGARDING
WORKERS’ COMPENSATION

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.

Name (print or type)

Date Signature
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37 PERFORMANCE BOND
On _____________________________, the City of Wildomar, a California municipal corporation (“ OWNER”), awarded a contract (“ Contract”) to __________________________________________________________ (“ CONTRACTOR” or “PRINCIPAL”), for the Work (“ Work”) identified as
____________________________________________________________________________ The Contract and related documents (“ Contract Documents”) are incorporated and made a part of this performance bond.

Under the Contract, CONTRACTOR is requi red to furnish this bond providing for the faithful performance of the Work
NOW, THEREFORE, we, CONTRACTOR, as PRINCIPAL, and
____________________________________________________________________________, a corporation organized and existing under the laws of the State of ________________________ and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto OWNER, in the sum of
_______________________________________________________________________dollars ($_________________________), lawful money of the United States of America, this sum being not less than one hundred percent (100%) of the estimated amount payable by OWNER under the terms of the Contract , PRINCIPAL and SURETY, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, by this instrument.

BOND CONDITIONS

1. PRINCIPAL will perform the Work the identified in the Contract. OWNER has estimated the required amount of the bond as shown above.

2. PRINCIPAL’s performance of the Work will be done in accordance with the Contract Documents. Should PRINCIPAL fail to satisfactorily complete all required Work within the time allowed, OWNER may, at its sole discretion, either (1) cause all required Work to be done and the parties executing this bond will be firmly bound for the payment of all necessary costs for the performance of this Work or (2) make demand upon the SURETY to complete the required Work in which event the SURETY will commence completion of the Work within 30 days of the OWNER’S demand unless otherwise agreed in a writing signed by the parties.

3. PRINCIPAL will guarantee the Work against any defective Work, labor or materials for a period of one year following the completion and acceptance of the Work by OWNER.

4. This bond is conditioned upon and guarantees due compliance with all applicable law.

5. SURETY agrees that no changes, extensions of time, alteration or modification of the Contract or of the obligations to be performed thereunder will in any way affect its obligation on this bond, and waives notice of any such change, extension of time, alteration or modification of the Contract or of the obligations to be performed. 683
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38 Furthermore, SURETY expressly waives the provisions of California Civil Code sections 2845 and 2849.

6. This bond consists of this instrument, the Contract and Contract Documents referenced above, and the following two attached exhibits, all of which are incorporated herein by reference:

A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted.

7. In case suit is brought upon this bond, the court will award and SURETY must pay, in addition to the face amount of this bond, all costs and reasonable attorney’s fees incurred by OWNER in successfully enforcing any obligation under this bond.

IN WITNESS THEREOF, we have hereunto set our hands and seals this _______ day of ____________________, 20____.

PRINCIPAL
By
Title
Address

Telephone Number

Signature
684
(05-2023)
39 SURETY
By
Title
Address

Telephone Number

Signature

* ALL SIGNATURES ON THIS PERFORMANCE BOND MUST BE NOTARIZED USING APPROPRIATE 8½” x 11” NOTARY ACKNOWLEDGEMENT FORM.

** Appropriate modifications will be made to this form if the bond is being furnished for the performance of an act not provided for by agreement.

*** Corporations must affix corporate seal.

685

40 PAYMENT BOND
On _____________________________, the City of Wildomar, a California municipal corporation (“ OWNER”), awarded a contract (“ Contract”) to __________________________________________________________ (“ CONTRACTOR” or “PRINCIPAL”), for the Work (“ Work”) identified as
____________________________________________________________________________

PRINCIPAL is required to furnish a bond under the Contract to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law.

PRINCIPAL and __________________________________________________ ___________________________________, a corporation incorporated under the laws of the State of _______________________________ and licensed by the State of California to execute bonds and undertakings as sole surety (“SURETY”), are held and firmly bound unto OWNER in the sum of ___________________________________________________ ______________________________________ dollars ($_________________________), lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.

BOND CONDITIONS

1. PRINCIPAL will construct the Work identified in the Contract. Such performance will be in accordance with the Contract Documents identified in the Contract, which are hereby incorporated and made a part of this bond. OWNER has estimated the required amount of the bond as shown above.

2. If PRINCIPAL, its heirs, executors, administ rators, successors, assigns or subcontractors fail to pay any of the persons named in California Civil Code section 3181, or any amounts due under the California Unemployment Insurance Code with respect to Work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Departm ent from the wages of employees of the Contractor and its subcontractors under Unemployment Insurance Code section 13020, with respect to Work or labor performed under the Contract, SURETY will pay for the same in an amount not exceeding the penal sum specified in this bond.

3. This bond inures to the benefit of any of the persons named in Civil Code section 3181 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. In case suit is successfully brought upon this bond, SURETY further agrees to pay all reasonable attorneys’ fees and costs in an amount fixed by the court.

4. This bond is conditioned upon and guarantees due compliance with all applicable law.

Furthermore, SURETY expressly waives the provisions of California Civil Code sections 2845 and 2849.
686

41 6. This bond consists of this instrument, the Contract and Contract Documents referenced above, and the following two attached exhibits, all of which are incorporated herein by reference:

IN WITNESS THEREOF, we have hereunto set our hands and seals this _______ day of ____________________, 20____.

PRINCIPAL
By
Title
Address

Telephone Number

Signature
687

42 SURETY
By
Title
Address

Telephone Number

Signature

* ALL SIGNATURES ON THIS PAYMENT BOND MUST BE NOTARIZED USING APPROPRIATE 8½” x 11” NOTARY ACKNOWLEDGEMENT FORM.

** Appropriate modifications will be made to this form if the bond is being furnished for the performance of an act not provided for by agreement.

*** Corporations must affix corporate seal.

688
41571 Corning Place #101 ■ Murrieta, California 92562 ■ Telephone 951.304.2300 ■ www.geoconinc.com

Proposal No. IE-5026
June 8, 2023
Revised July 6, 2023

Mr. Cameron Luna
City of Wildomar
23873 Clinton Keith Road, Suite 201
Wildomar, California 92595

Subject: PROPOSAL FOR GEOTECHNICAL OBSERVATION, CONCRETE SAMPLING AND

MATERIALS TESTING SERVICES DURING ROADWAY REHABILITAION

WILDOMAR CITYWIDE PAVING PROJECT
CIP 57-2 & 58-2

VARIOUS ROADWAYS, WI LDOMAR, CALIFORNIA

Mr. Luna:

Geocon West, Inc. (Geocon) is pleased to present th is proposal to provide geotechnical observation, concrete sampling and materials testing servi ces during the CIP 057-2 & CIP 058-2 Citywide Paving Project located within the city of Wildomar , California. This proposal was prepared based on information provided in the project Bid Documents, the Request for Geotechnical Services for CIP 057-2 dated May 24, 2023, our discussions with you, and our experience with similar projects.

This proposal has been revised to correct the Table 1 – Fee Estimate and the contract amount.

You have asked Geocon to provide a Not-to-Exceed (NTE) cost estimate in the amount of $35,000 for on-call, as-needed geotechnical services on a time and materials basis in accordance with the Agreement for Professional Services signed by Ge ocon on June 28, 2022, between the City of Wildomar and Geocon. A construction schedule was not available at the time of this proposal. Should a formal construction schedule become available, Geoc on should be allowed the opportunity to review the schedule and revise this proposal as needed.

PROJECT AND SITE UNDERSTANDING
The project duration will be 150 working days on ce the Notice-to-Proceed is given by the City.

The contractor bid deadline is Monday, June 12, 2023. Various roadways within the city will be maintained/rehabilitated using various methods including but not limited to:

 Grind (Cold-Mill) & Overlay of Asphalt C oncrete (AC) and Asphalt Rubberized Hot Mix (ARMA).
 In-place pulverization of existing AC and subgr ade & Overlay of Asphalt Concrete (AC) and Asphalt Rubberized Hot Mix (ARMA).
 Removal and replacement of existing roadway sections.

689
Geocon Proposal No. IE-5026 - 2 - June 8, 2023
Revised July 6, 2023
The project Bid Documents indicate that additi onal pavement maintenan ce/rehabilitation methods, including Type II Slurry Seal, Type II micros urfacing, and Asphalt Rubbe r Aggregate Membrane (ARAM) surfacing, are planned for the project. Howe ver, you have indicated that the city has since chosen alternative methods and observation, samp ling, and testing for these methods will not be required.

Additional associated improvements include th e removal and reconstruction of PCC cross gutter/spandrels, pavement drainage crossings, concrete curb and gu tters, and curb ramps. You have also requested Geocon include time in its fee estimat e for PCC Sampling but have indicated that it may not be required as part of the project scope.

PROJECT AND SITE UNDERSTANDING
Geotechnical Observation & Testing
 Provide an Engineering Field Technician/Inspect or on an on-call, as-needed basis during the project duration as directed by the City of Wildomar to provide inspection and sampling during maintenance/rehabilitation of roadways. The Tec hnician will be equipped with a vehicle and sufficient field-testing equipment to provide t est results and collect samples for laboratory testing.
 Provide an ACI Field Technician on an on-call, as-needed basis during the project duration as directed by the City of Wildomar to provide sampling of PCC concrete.  Perform laboratory testing related to the ro adway maintenance/rehabilitation in accordance with the requirements of the city of Wil domar, Green Book, and the project’s Special Provisions. An estimate for these services is provided in Table I, below. The actual cost for laboratory tests would be invoiced in accordance with the attached 2023 Schedule of Fees.

 Provide as-needed professional consultation, pr oject management, and construction support services during construction. This includes mi x design reviews, attending project meetings, corresponding with the project design and c onstruction management team, scheduling and coordination, etc.
 Prepare a final report of geotechnical inspection and testing services. The report will include a summary of field and laboratory test results and any deviations from project requirements. 690
Geocon Proposal No. IE-5026 - 3 - June 8, 2023
Revised July 6, 2023

ESTIMATED FEES
We will furnish the personnel, transportation, mate rials, supplies and equipment necessary to perform these services in accordance with the current (2023) Schedule of Fees . A detailed estimate for this project is provided in Table 1 below. Please note that this is a time and materials estimate based on our experience with similar projects. Geocon will only bill for the time and services spent on the project in accordance with the Schedule of Fees.

Table 1 – Fee Estimate
Personnel Rate Qty Estimate
PreConstruction Activities
Attendance at a Pre‐Construction Meeting Field Supervisor $120 1 $120 Mix Design Review Sr. Project Engineer $155 7 $1,085
subtotal: $1,205
Construction Activities
Observation and Testing during Construction Engineering Technician $125 148 $18,500 Vehicle & Equipment $20 148 $2,960
PCC Concrete Sampling and Testing Engineering Technician $125 8 $1,000 Vehicle & Equipment $15 8 $120
subtotal: $22,580
Maximum Density/Optimum Moi sture ‐ 4" (D1557 Soils) Laboratory $220 3 $660 Maximum Density/Optimum Moi sture ‐ 6" (D1557 Aggregate Base) Laboratory $230 3 $690 Hveem D2726 Laboratory $100 4 $400
Stabilometer Value D1560 Laboratory $145 4 $580
Theoretical Max Specific Gravity D2041 Laboratory $145 4 $580 Sieve Analysis of Extracted Asphalt D5444 Laboratory $150 4 $600 Extraction D6307 Laboratory $150 4 $600
PCC Compression Testing Laboratory $30 8 $240
Technician Sample Pickup & Delivery Engineering Technician $105 15 $1,575 subtotal: $5,925
Project Management and Final Report
RFI's, Meeti ngs, QA/QC, Project Management Field Supervisor $120 24 $2,880 Site Coordination and Scheduling Dispatch $120 8 $960
Final Letter Report Project Engineer/GE/Word Proc $1,500 1 $1,500 subtotal: $5,340
$35,050
Activity Description
Laboratory Testing
Geotechnical Observation and Materials Testing Services TIME AND MATERIALS ESTIMATE:

We used our experience with similar projects to de rive a fee for geotechnical testing and observation during street rehabilitation. The actual fee for services is directly affected by the construction schedule, weather, and efficiency of the contractor perform ing the work. Our services will be provided on a time and materials basis in accordance with the referenced 2023 Schedule of Fees . The invoices will be itemized to reflect only the actual time and costs incurred. Table 1 provides a task item breakdown of our estimate. The fee estimate is for budgeting purposes.

This proposal assumes that the services offere d herein are subject to prevailing wage laws.

If Client should conclude this project is not subj ect to prevailing wages, please so advise Geocon in writing immediately. If failure to advise Geocon resu lts in additional costs to Geocon, Client will reimburse Geocon for all costs and expenses.
691
Geocon Proposal No. IE-5026 - 4 - June 8, 2023
Revised July 6, 2023

LIMITATIONS
It is mutually agreed between client and Geocon that all services afforded and work performed by Geocon are provided pursuant to Civil Code Section 2782, et seq., and such agreement is expressly integrated into and made a part of any and all contracts or agreements entered into between the parties.

Please carefully review the contents of this proposal . If they meet with your approval, send us a purchase order in accordance with our on-call agreement with the City of Wildomar. Services provided by Geocon will be pursuant to the on-call agreement.

Should you have any questions rega rding this proposal, or if we may be of further service, please contact the undersigned at your convenience.

Very truly yours,

G
EOCON WEST, INC.

Kai B. Parker
Field Supervisor/Project Manager

KBP:ATS:hd

Attachments: 2023 SOF

Distribution: Addressee (email)

692

GEOCON WEST, INC • 41571 Corning Place, Suite 101, Murrieta, A 92562 www.geoconinc.com • 951.304.2300

GEOTECHNICAL

ENVIRONMENTA L
MATERIALS 2023 Schedule of Fees – RV23

PROFESSIONAL SERVICES
Word Processor/Non-Technical Assistant/Draftsman .................................................................................................................................................. $90/hr.

Engineering Assistant/Lab Technician. ......................................................................................................................................................................... $90/hr.

Engineering Field Technician ........................................................................................................................................................................................*80/hr.

Senior Field Technician .................................................................................................................................................................................................*80/hr.

Special Inspector (Concrete, Rebar, Masonry, Welding, etc.) .....................................................................................................................................*90/hr.

Field Technician Supervisor ....................................................................................................................................................................................... *120/hr.

Staff Engineer/Geologist ............................................................................................................................................................................................. *125/hr.

Sr. Staff Engineer/Geologist ....................................................................................................................................................................................... *135/hr.

Project Engineer/Geologist ......................................................................................................................................................................................... *145/hr.

Senior Project Engineer/Geologist ............................................................................................................................................................................. *155/hr.

Senior Engineer/Geologist .......................................................................................................................................................................................... *165/hr.

Associate Engineer/Geologist ..................................................................................................................................................................................... *175hr.

Principal Engineer/Geologist/Litigation Support .......................................................................................................................................................... 400/hr.

Attorney Fees (General) ............................................................................................................................................................................................. $500/hr.

Deposition or Court Appearance ................................................................................................................................................................................ $550/hr.

Overtime/Saturday Rate/Night Rate (7pm – 6am w/ 8 Hr minimum per call out) ...................................................................... 1.5 X Regular Hourly Rate Sunday and Holiday Rate ................................................................................................................................................................ 2 X Regular Hourly Rate Minimum Field Services Fee per call-out, 4 hrs (if 4 hrs or less), 8 hrs (if more than 4 hrs and less than 8 hrs) Short-Notice Cancellation 4 hrs (if after 4 pm of the day prior to the scheduled inspection time) Short-Notice Cancellation, 4 hrs (upon or after arrival at jobsite) *Prevailing Wage (PW) California Labor Code §1720, et. Seq. add $45/hr.

TRAVEL
Personnel................................................................................................................................................................................................. Regular Hourly Rate Subsistence (Per Diem) ................................................................................................................................................................. Quote Based on Location Vehicle Mileage ........................................................................................................................................................................................................ 0.75/mile

EQUIPMENT & MATERIALS
*Nuclear Density Gauge/Sand Cone Testing Equipment ............. $10/hr. Water Buffalo ................................................................................. $75/ea. *Vehicle ............................................................................................ $10/hr. Battery-Powered Pump .............................................................. $100/day *Special Inspection Equipment ........................................................ $5/hr. Water Level Indicator .................................................................... $50/day Coring Machine (concrete, asphalt, masonry) .......................... $285/day Perforated 3” PVC Pipe ............................................................... $45/10ft.

Generator..................................................................................... $150/day Gravel ............................................................................................ $30/bag Double Ring Infiltrometer ............................................................$200/day Sand ............................................................................................. $30/bag GPS Unit ...................................................................................... $175/day AC Cold Patch .............................................................................. $30/bag Pick-up Truck .............................................................................. $150/day Quick Set PCC Patch ................................................................... $30/bag Mobile Laboratory with Lab Technician .................................. $1,650/day Temp Marking Paint ..................................................................... $15/can Drive-Tube Sampler ..................................................................... $60/day Lath Bundle .................................................................................. $100/ea.

Hand-Auger .................................................................................. $50/day Air Compressor ........................................................................... $150/day Dynamic Cone Penetrometer .................................................... $250/day Soil Sample Tube .......................................................................... $15/ea.

Manometer ................................................................................. $100/day Percussion Hammer Drill ........................................................... $125/day Schmidt Hammer ....................................................................... $100/day ....................................................................................................................

693

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GEOTECHNICAL

ENVIRONMENTA L
MATERIALS 2023 Schedule of Fees – RV23

LABORATORY TESTS

COMPACTION CURVES SOIL AND AGGREGATE PROPERTIES
(D698/D1557/T99/T108) 4-inch mold ............................................... $220 (D422/T88) Particle Size, Hydrometer w/out Sieve .......................... $165 (D698/D1557/T99/T108) 6-inch mold ............................................... $230 (C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash ................ $150 (CT 216) California Impact ................................................................. $230 (C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash ................ $115 Check Point ........................................................................................ $100 (C136/D6913/T27) Sieve, Coarse or Fine No #200 Wash ............... $100 (D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) ................. $150 (C117/D1140/T11) Materials Finer than #200 .................................... $90 (D1632/CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) ............ $50 (D2216/T265/CT226) Moisture Content .............................................. $30 (D1633/CT312) Soil Cement Comp. Strength (Set of 3) ................. $300 (D2487/D2488) Visual Soil Classification ............................................ $30 (D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) ......... $100 (D2937) Density of In-Place Soil, Drive-Cyl. Method .......................... $45 SOIL AND AGGREGATE STABILITY (D4943) Shrinkage Factors of Soils, Wax Method .............................. $55 (D2844/CT301) Resistance Value .................................................... $290 (C131/C535/CT211) L.A. Abrasion Resistance ................................ $200 (D2844/CT301) Resistance Value, Treated...................................... $295 (C142/T112) Clay Lumps and Friable Particles ................................ $170 (D1883) California Bearing Ratio ...................................................... $530 (C123/T113) Light Weight Particles ................................................... $245 (C977) Stabilization Ability of Lime .................................................... $185 (D3744/CT229/T210) Durability Index Fine ...................................... $190 (D1883) Calif. Bearing Ratio (Army Corp of Engineers) ................. $105 (D3744/CT229/T210) Durability Index Coarse .................................. $225 CHEMICAL ANALYSIS (CT227) Cleanness Value .................................................................. $170 (G187/CT643/T288) pH and Resistivity ............................................ $135 (D4791) Flat & Elongated Particles ................................................... $165 (D4972/T289) pH Only ......................................................................... $30 (D693/CT205) Percent Crushed Particles ......................................... $145 (CT417) Sulfate Content .................................................................... $100 (D5821) Percent. of Fractured Particles, Coarse Aggregate............ $140 (CT422) Chloride Content .................................................................... $55 (C40/CT213/T21) Organic Impurities .................................................. $75 (D2974) Organic Content ..................................................................... $50 (C235) Soft Hardness (Scratch Hardness) ...................................... $100 PERMEABILITY, CONSOLIDATION AND EXPANSION (C88/CT214/T104) Sulfate Soundness ............................................. $410 (D5084) Permeability, Flexible Wall .................................................. $270 (C1252/T304) Uncompact. Void Content, Fine Aggregate .............. $150 (D5856) Permeability, Rigid Wall ...................................................... $260 (C127/CT206/T85) Coarse Specific Gravity ...................................... $125 (D2434) Permeability, Constant Head ............................................. $280 (C128/CT207/T84) Fine Specific Gravity .......................................... $150 (D2434) Permeability, FHA Slab-on-Grade ...................................... $110 (D854/CT209/T100) Specific Gravity of Soil ..................................... $150 (D2434) Permeability, Hourly .............................................................. $55 (C29/CT212/T19) Unit Weight & Percent Voids.................................. $90 (D2435/T216) Consolidation (6 pts. w/ Unload) ............................... $350 (D2419/CT217/T176) Sand Equivalent ............................................. $110 (D2435/T216) Consolidation Additional Point w/ Unload ................... $65 (D4318/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit) ............... $165 (D4546) Swell/Compression Testing & Density................................ $120 (D4318/CT204/T89) Liquid Limit .......................................................... $95 (D4546) Swell/Settlement Testing & Density (ea. addtl. pt.) ............. $85 (D4318/CT204/T90) Plastic Limit ......................................................... $95 (D4546) Swell/Settlement Testing & Density (County) .................... $100 (C330) Spec. for Lightweight Aggregates, Struc. Concrete .......... Quote (D4546) Swell/Settlement Testing & Density (FHA) .......................... $90 SHEAR STRENGTH (D4829) Expansion Index of Soils ..................................................... $160 (D2166) Unconfined Compression .................................................... $100 .................................................................................................................... (D3080/T236) Direct Shear (3 points) .............................................. $295 .................................................................................................................... (D3080/T236) Remolded Direct Shear (3 points) ............................. $300 .................................................................................................................... (D3080/T236) Direct Shear Addtl. Points/ea. residual pass ............. $115 .................................................................................................................... (D2850) Unconsolidated-Undrained Triaxial Shear .......................... $160 .................................................................................................................... (D2580) Unconsolidated-Undrained Triaxial Staged ........................ $160 .................................................................................................................... (D4767) Consolidated-Undrained Triaxial Shear .............................. $265 .................................................................................................................... (D4767) Consolidated-Undrained Triaxial Staged ............................ $340 .................................................................................................................... (EM1110) Consolidated-Drained Triaxial Shear ............................... $375 .................................................................................................................... (EM1110) Consolidated-Drained Triaxial Staged ............................. $480

694

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GEOTECHNICAL

ENVIRONMENTA L
MATERIALS 2023 Schedule of Fees – RV23

LABORATORY TESTS (CONTINUED)
(A370) Bend Test MASONRY**
• #11 Bar & Smaller .............................................................................. $50 Concrete Block Test (Sets of 3 Required):
• #14 & #18 Bar .................................................................................... $70 • (C140) Unit Weight Moisture Content & Absorption ....................... $195 (A370) Tensile - Mechanically Spliced Bar • (C140) Moisture Content/Absorption (ea. addtl. specimen) ............ $65 • #11 Bar & Smaller ............................................................................ $150 • (C140) Compression Test ................................................................ $195 • #14 Bar & Larger .............................................................................. $190 • (C140) Compression Test (ea. addtl. specimen) ............................. $65 (A370) Tensile – Electric Resist. Butt Splice w/ Control ................... $150 • (C426) Linear Drying Shrinkage ...................................................... $285 (A370) Straightening of bar (if required) .............................................. $25 • (C109/UBC 21-16) Mortar Cylinder (2”x4”) ...................................... $30 Structural Steel Tests: • (C942) Grout Prism (3”x3”x6”), trimming included ............................ $35 • (A370) Machining & Prep of Test Specimen ...................... Cost + 20% Masonry Prism (Assemblage):
• (A370) Tensile Strength & Elongation • (C1314) 8”x8”x16” – 8”x12”x16” ..................................................... $200 Up to 200,000 lbs. ..................................................................... $100 • (C1314) 8”x16”x16” – 10”x12”x16” ................................................. $225 200,000 – 300,000 lbs. ............................................................. $125 • (C1314) 12”x12”x16” – 12”x16”x16” ............................................... $250 300,000 – 400,000 lbs. ............................................................. $150 • (C1314) Larger than 12”x16”x16” ................................................ Quote Pre-stressing Wire & Tendon Tests: Brick Test (Set of 5 Specimens):
• (A421) Tensile Strength, Single Wire.............................................. $150 • (C67) 24-Hour Absorption, Cold Water ........................................... $225 • (A416) Tensile Strength, 7-Wire Strand.......................................... $175 • (C67) 5-Hour Absorption, Boiling Water .......................................... $225 High Strength Bolt, Nut, & Washer Tests: • (C67) Compression Test or Modulus of Rupture ............................ $255 • (A325/A490) Tensile Test on Bolts ................................................. $100 • (C67) Each Additional Specimen ...................................................... $45 • (A563) Proof Load Test on Nuts ..................................................... $100 CONCRETE** • (A325/A490) Hardness Test on Bolts ............................................... $50 Mix Designs:
• (A536) Hardness Test on Nuts .......................................................... $50 • (ACI211/ACI214) Concrete Mix Design .......................................... $350 • (F436) Hardness Test on Washers ................................................... $50 • (ACI211/ACI214) Review of Concrete Mix Design ......................... $350 Weld Specimen Tests: • (C192) Concrete Trial Mix (includes equipment & labor) ............... $495 • (E164) Ultrasonic Examination ...................................................... Quote Concrete Properties:

Machining & Prep of Test Specimen ........................... Cost + 20% • (C39/CT521/T22) Comp. Strength, Concrete Cyl............................. $30 • (E381) Macrotech Test (3 Faces) .................................................. $355 • (C42/CT521/T22) Comp. Strength, Concrete/Gunite Core .............. $60 ASPHALT TESTING • (C78/CT523) Flex. Strength of 6”x6”x21” Concrete Beam ............. $165 Asphalt Properties: • (C174) Length Measuring of Drilled Cores ....................................... $75 • (D2726/CT308/T166) Bulk Spec. Grav., Compacted HMA ........... $100 • (C1140) Shotcrete Panel-Coring & Testing (Set of 3) .................... $290 • (D1560/CT366) Stabilometer Value (HVEEM) .............................. $145 • (C1140) Shotcrete Panel (each addtl. specimen) ............................. $90 • (D2041) Theoretical Max Specific Gravity ...................................... $145 • (C496) Static Modulus of Elasticity .................................................. $200 • (D5444) Sieve Analysis of Extracted Asphalt ................................. $150 • (C496) Drying Shrinkage (Set of 3, up to 28 days) ......................... $395 • (D6307/CT382) Percent Asphalt, Ignition Method ......................... $150 • (C642) Spec. Gravity, Absorp., Voids in Hardened Concrete .......... $95 • (D1188) Unit Weight of Asphalt Core ............................................... $65 • (F1869) Moisture Vapor Emission Rate, Concrete Subfloor ............ $50

MISCELLANEOUS TESTING SERVICES
• Emulsion ........................................................................................... $300 • Wet Track Abrasion ......................................................................... $175 Calibration of Hydraulic Ram:
• 100 Ton & Under.............................................................................. $200 • 101 Tons – 200 Tons ....................................................................... $300 Use of Universal Testing Machine:
• UTM with One Operator .................................................................. $320 • Additional Technician ................................................Regular Tech Rate Spray Applied Fireproofing: *2X Surcharge on rush turn-around for laboratory testing. • (E605/E736) Fireproofing Oven Dry Density/Thickness ...... $90 **Fee applies for sample storage, testing, or disposal.

695

- 4 -

GEOTECHNICAL

ENVIRONMENTA L
MATERIALS 2023 Schedule of Fees – RV23

1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only and include reporting of routine results not calling for comments, recommendations or conclusions.

2. Sampling and testing are conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.

3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is based on the local costs per day when location of work dictates.

4. Equipment and materials will be billed at cost plus 15%. Outside servic es including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein.

5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice.

Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent, and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.

6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon’s (the term “Geocon” includes Geocon’s partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $50,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client’s injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.

7. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon’s total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client’s project, as well as persons and other entities not involved in the project, to the greater of $100,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon’s liability to them and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon’s actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon’s actions or inactions. 696
J
oseph Morabito, Mayor, Dist. 3 23873 Clinton Keith Rd, Ste. 201 Bridgette Moore, Mayor Pro Tem, Dist. 4 Wildomar, CA 92595 Ashlee DePhillippo, Council Member, Dist. 5 951.677.7751 Phone Carlos Marquez, Council Member, Dist. 1 951.698.1463 Fax Dustin Nigg, Council Member, Dist. 2 www.CityofWildomar.org

CITY OF WILDOMAR
PUBL

IC WORKS DEPARTMENT
M

EMORANDUM
T
O:

F
ROM:

PRE
PARED:

DATE:

Dan York, City Manager
Jason Farag, Public Works Director
Cameron Luna, Associate Engineer
July 12, 2023
SUBJ
ECT: Approve an Agreement for Consultant Services with LaBelle Marvin, Inc. for the Slurry Seal Project, CIP 058-2
________________________________________________________________________________ RECO
MMENDATION:

Staff recommends that the City Manager, under the authorities delegated by City of Wildomar Municipal Code Section 3.28.020 – Contracts of $50,000.00 or less:

1. Appr
ove an A greement for Consultant Services with LaBelle Marvin, Inc. in the amount of $44,848.00 for material testing services for the Slurry Seal Project, CIP 058-2

2. Authorize the City Engineer to approve Extra Work Authorizations not to exceed $5,000.

BA
CKGROUND:

On July 12, 2023, Staff recommended that the City Council award a single Construction Contract to All American Asphalt for the Road Maintenance and Rehabilitation Project and the Slurry Seal Project (CIP 057-2 and CIP 058-2). The purpose of the proposed agreement with LaBelle Marvin, Inc. is to provide the necessary material testing for the Slurry Seal Project (Project). Material testing is required throughout the placement of the slurry seal for quality control and quality assurance.

T
he City’s Slurry Seal Project will use a unique type of slurry seal (RAP Slurry) and the Project includes almost 4 million square feet of slurry seal across 130 different street segments throughout the City. The slurry seal cost is approximately 17% of the total contract award. Testing of slurry seal requires specialized knowledge of the product and specialized testing equipment and experience to ensure the 697
materials conform to the Project specifications. LaBelle Marvin is a well- known firm with extensive experience and knowledge in specialized testing of slurry seal materials , including providing testing services for the City’s previous slurry seal project in FY 2021-2022 (CIP 058). LaBelle Marvin provides testing services to many jurisdictions, including nearby local agencies, and has the ability to perform all of the required material testing for the Project.

F
ISCAL IMPACT:

The Road Maintenance and Rehabilitation Project and the Slurry Seal Project (CIP 057-2 and CIP 058- 2) were included in the Capital Improvement Program (CIP) Budget for Fiscal Year 2022- 2023 and 2023-2024. Project funding is provided by RMRA, Measure A and Measure AA, MSRC and CalRecycle.

There are sufficient funds available in the project budget to cover the cost of the material testing and no supplemental funds will be required.

A
TTACHMENTS:

1. Agreement for Consultant Services
698
// 2021
RIV #4814-7282-0706 v1

AGREEMENT FOR SERVICES

By and Between

THE CITY OF WILDOMAR,
a municipal corporation

and

LABELLE MARVIN, INC,
a California corporation
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RIV #4814-7282-0706 v1 - 1 -

AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF WILDOMAR, CALIFORNIA
AND
LABELLE MARVIN, INC.

This Agreement for Services (“Agreement”) is entered into as of this 12th day of July, 2023 by and between the City of Wildomar, a municipal corporation (“City”) and Labelle Marvin, a California corporation (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by direct negotiation, the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Service Provider, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Wildomar’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.

D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for one (1) year (“Initial Term”) commencing on the date first ascribed above.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) S cope of Services. Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
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(b) S chedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforc e the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Forty -Four Thousand, Eight Hundred and Forty Eight and 00/100 Dollars ($44,848.00), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of Cit y or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service 701
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Provider to be paid within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.

Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City al l such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs , drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

All Final Work Pro duct developed by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such Final Work Product if paid for by the City. This provision specifically excludes Service Providers’ work notes and drafts, which are owned by Service Provider, not City.
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SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or rec ords shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Nothing in this Agreement may be construed to be inconsistent with this relationship or status. Service Provider shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) Service Provider shall perform all Services as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Service provider shall be solely responsible for the means, methods, techniques, seq uences and procedures in performance of Services. The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Any terms within this Agreement regarding City directives apply to an concern the result of Service Provider’s provision of service and not the means, methods, or 703
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scheduling of the Service Provider’s work. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Prov ider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any privileges or right s to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such benefits, privileges or rights.

SECTION 9. STANDARD OF PERFORMANCE.

Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, co mpetently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement.

Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws apply to this Agreement . The Agreement involve s any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
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SECTION 12. NONDISCRIMINATION
Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, sexual orientation, gender, gender identity, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

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

Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Service Provider will perform non- related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
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(b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Service Provider’s conduct.

Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, int errogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Service Provider shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider’s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider, in the performance of professional services under this Agreement.
(b) I
ndemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service 706
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Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider. (c) Indemnification from Sub- Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (d) Cit
y’s Negligence . The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Service Provider, in the 707
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performance of its duties pursuant to this Agreement, may utilize sub-contractors.

SECTION 19. CONTINUITY OF PERSONNEL.

Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and sub-contractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider’s staff and sub-contractors, if any, assigned to perform the Serv ices prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 21. DEFAULT.

In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reas ons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Prov ider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 708
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SECTION 22. EXCUSABLE DELAYS.

Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and m aps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by email, telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595
Email: [email protected]

To Service Provider: LaBelle Marvin, Inc.

Attn: Steve Marvin
2700 S. Grand Ave.

Santa Ana, CA 92705

Notice shall be deemed effective on the date personally delivered or transmitted by email or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to def end, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement. 709
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SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Wildomar Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the S ervice Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Wildomar Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisi ons of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding 710
RIV #4814-7282-0706 v1 - 12 -

shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. CONFLICTING TERMS.

Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

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

CITY OF WILDOMAR
___________________________
Daniel A. York
City Manager
ATTEST:
___________________________
Janet Morales
City Clerk
711
RIV #4814-7282-0706 v1 - 13 -

APPROVED AS TO FORM
_______________________________
Thomas D. Jex
City Attorney
“Service Provider”: LaBelle Marvin, Inc.

By: __________________________ By: _______________________________

Name:___________________________ Name: ____________________________

Its (Title):_________________________ Its (Title): __________________________ NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY

BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,

OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.
712

RIV #4814-7282-0706 v1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ________________
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________
Signature of Notary Public Place Notary Seal Above

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER____________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
713

RIV #4814-7282-0706 v1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________
Signature of Notary Public Place Notary Seal Above

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
714
RIV #4814-7282-0706 v1
EXHIBIT "A"

SCOPE OF SERVICES
I. Service Provider will perform the following Services:

A. Material Testing: All tasks per the proposal provided by the Service Provider for the Slurry Seal Project (CIP 058-2) (Project), attached hereto and incorporated herein as though set forth in full.

B. Material Submittal Reviews: Review of Pr oject Material Submittals from contractor, to v erify material conformance with the Project specifications, as requested by the City.

II. As part of the Services, Service Provider will prepare and deliver the following tangible work products to the City:

A. Material Testing: Testing result reports, certified by the Service Provider, demonstrating material conformance to Project specifications.

B. Material Submittal Review: Comments on or approval of submittal, signed by the Service Provider, based on conformance with Project specifications.

III. During performance of the Services, Service Provider will keep the City appraised of the status of performance by delivering the following status reports:

A. Not Applicable
IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule:

A. Material Testing: A s soon as test results are available following completion of Service Provider’s Quality Assurance and Quality Control process B. Material Submittal Reviews: Five (5) working days
C. Weekly Schedule of Testing: As requested by the City V. Service Provider will utilize the following personnel to accomplish the Services:

A. Properly trained and qualified personnel, as required by applicable test method requirements and Project specifications.

VI. Service Provider will utilize the following subcontractors to accomplish the Services:

I. None
715
716
717

RIV #4814-7282-0706 v1

EXHIBIT "B"

COMPENSATION

I. Service Provider shall use the following rates of pay in the performance of the Services:

A. Material Testing Services – per Service Provider’s attached proposal

B. Material Submittal Reviews – $265/hour

II. Service Provider may utilize sub-contractors as indicated in this Agreement.

The hourly rate for any subcontractor is not to exceed $_______ per hour without written authorization from the City Manager or his designee.

Not Applicable

III. The total compensation for the Services shall not exceed $46,098.00, as provided in Section 4 “Compensation and Method of Payment” of this Agreement.

718

RIV #4814-7282-0706 v1
Exhibit “C”

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

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

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

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

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

4. Professional Liability (Errors and Omissions) Insurance appropriate to the Service Provider’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work. If coverage is canceled or non- renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the Agreement effective date, the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work. A copy of the claims reporting requirements must be submitted to the City for review.

If the Service Provider 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 Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
719

RIV #4814-7282-0706 v1
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this Agreement, the Service Provider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.

Notice of Cancellation
Service Provider shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Service Provider shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation
Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorse ment that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Service Provider , its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
720

RIV #4814-7282-0706 v1
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Service Provider shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

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

721
1 Jenner, Suite 160, Irvine, CA 92618
626.224.2055
June 6, 2023
Jason F arag, PE , Director o f Public W orks
City o f W ildomar
23873 C linton K eith R oad , Suite 201
Wildomar, CA 9 2595
Re: Letter P roposal t o P rovide Construction M anagement a nd Oversight F Y 23/24 – Rehab Project and D evelopment/Permit O bservations
Dear Mr. Farag,
We are pleased to present this letter proposal to the City of Wildomar (City) to p rovide Construction Management and Oversight for the FY 23/24 Rehab/Slurry project anticipated to start in August for a total of 150 working days. We propose to provide a senior Construction Manager, Charles (“Chuck”) Collett, at an hourly rate of $126.50 per Amendment #3 Approved Fee Rates. Chuck is very familiar with the City and projects and has over 40 years’ experience.

SCOPE OF WORK
Task Hourly Rate Hours Total Hours Total
Pre -Construction Meeting,
submittal reviews, baseline
schedule review, pre-
construction site walk
$126.50 20 2
0 $2,530
Construction Management &
Oversight $126.50 5 h rs. a Day for
150 working days 750 $94,875
Post Construction Management
and Close Out $126.50 20 2 0 $2,530
TOTAL NOT -TO-EXCEED : 790 $99,935
Furthermore, we appreciate the opportunity to submit this proposal to the City of Wildomar. Please contact Steve Kooyman, PE at 530.318.1066 or [email protected] should you have any questions. If you find our proposal acceptable, please provide a signed notice -to-proceed letter.

Sincerely,
Paul
Meschino, President
Interwest Consulting Group
722
CIP 057-2/058-2
Citywide Road
Rehabilitation &
Slurry Seal Projects
Public Works/Engineering
Department
City of Wildomar
City Council Meeting July 12, 2023
723
Road Rehab
Streets (CIP
057-2)
724
Slurry Seal
Streets
(CIP 058-2)
725
Road Selection Criteria

PAVEMENT

CONDITION INDEX
(PCI)

ROADWAY PRIORITY FUTURE

OVERLAPPING

PROJECTS

PUBLIC INPUT REHABILITATION
COSTS
726
Pavement
Condition
Index
PCI Condition Description
90-100 Excellent
70-90 Good
50-70 Fair/At Risk
25-50 Poor
0-25 Very Poor/Failed
727
Road Selection Criteria

PAVEMENT

CONDITION INDEX
(PCI)

ROADWAY PRIORITY FUTURE

OVERLAPPING

PROJECTS

PUBLIC INPUT REHABILITATION
COSTS
728
Roadway
Priority
729
Road Selection Criteria

PAVEMENT

CONDITION INDEX
(PCI)

ROADWAY PRIORITY FUTURE

OVERLAPPING

PROJECTS

PUBLIC INPUT REHABILITATION
COSTS
730
Road Selection Criteria

PAVEMENT

CONDITION INDEX
(PCI)

ROADWAY PRIORITY FUTURE

OVERLAPPING

PROJECTS

PUBLIC INPUT REHABILITATION
COSTS
731
Road Selection Criteria

PAVEMENT

CONDITION INDEX
(PCI)

ROADWAY PRIORITY FUTURE

OVERLAPPING

PROJECTS

PUBLIC INPUT REHABILITATION
COSTS
732
Questions?
Cameron Luna
cluna@cityofwildomar .org
Jason Farag
jfarag@cityofwildomar .org
951-677-7751 x200
wildomarpw@cityofwildomar .org
Check our website for
project updates!
https://www.cityofwildomar .org/266/
Construction-Alerts
733

CITY OF WILDOMAR

CC - REGULAR MEETING

GENERAL BUSINESS
Agenda Staff Report # 3.3
Meeting Date: July 12, 2023
SUBJECT:

Public Parks, Facilities and Trails Naming Ad-hoc
Subcommittee
SUBMITTED BY:

Daniel A York
PREPARED BY:

Janet Morales

ACTION:

1. Discuss and provide input on the public engagement process for naming public parks, facilities, and trails.

2. Select 2 members to serve on the Public Parks, Facilities, and Trails Naming ad-hoc Subcommittee for the purpose of reviewing and submitting to the Council recommended naming requests of currently owned parks, facilities, and trails.

BACKGROUND:

On March 14, 2012, the City Council adopted Resolution No. 2012-15, approving naming criteria for Public Parks, Facilities, and Trails. The purpose of the criteria was to provide guidelines and procedures to create a stronger sense of community and enhance a sense of history.

Since the adoption of the criteria, the City has acquired property that has not been named.

Staff recommends that the City Council provide input on the public engagement process and create an ad-hoc subcommittee to review and submit the recommendations to the Council.

DISCUSSION:

The Resolution identifies the following naming process and procedures:

A. All requests for the naming of public parks, facilities, and trails must be submitted in writing to the City Clerk. Such requests, at a minimum, must provide the following:

1. Name of petitioner.

2. Description of the request and how the naming criteria is met. 734

3. Location/address of the public park, facility, trail or area of the city.

4. Desired date for the City Council to consider the request.

5. Desired date of dedication/ceremony, if possible, to have the naming of the public park, facility or trail.

6. Authorization from the individual or organization for which the public facility will be named (if not same as petitioner).

B. The City Clerk shall then forward the request to the appropriate sub- committee/department for review and recommendation.

C. The sub-committee/department will submit valid requests to the City Council at the earliest possible meeting for consideration.

D. The Clerk shall notify the petitioner of the date and time for City Council consideration and/or the subsequent action by the City Council.

E. The City Council shall evaluate the naming of public parks, facilities and trails.

F. The City Council shall have the final authority to approve names of public parks, facilities and trails.

G. Once the City Council acts on a request, the decision is final and becomes effective immediately. This process does not apply to the renaming of streets.

In addition to the guidelines and procedures, the City Council is encouraged to provide additional input on the public engagement process.

ATTACHMENTS:

Resolution 2012-15
735
736

EXHIBIT A

NAMING CRITIERA FOR PUBLIC PARKS, FACILITIES

AND TRAILS

1. PURPOSE

The purpose of the criteria is to provide guidelines and procedures for the naming of public parks, facilities and trails including, but not limited to:
• Public parks and facilities including buildings, support facilities and recreation facilities; and
• Dedication/memorial objects or symbols including, plaques, living trees, public benches, rocks, memorial flagpoles and sculptures.

This criterion is provided to recognize individuals (deceased or living but retired or professionally/politically in-active) or community organizations (active or non-active) that have made a significant contribution to the City of Wildomar by naming, or possibly renaming, public parks, facilities and trails in their honor.

The naming of these public parks, facilities and trails benefits the residents of the City by:
• Creating a stronger sense of community;
• Promoting a sense of identity and place;
• Providing for a connection between past and present; and • Enhancing a sense of history in the community.

2. DEFINITIONS

A. Parks and Park Sites: Owned and managed by the City, used for public recreation purposes and include developed and undeveloped park areas and designated open space areas.

B. City Buildings/Facilities : City owned facilities used to conduct City business.

Buildings may includ e, but are not limited to, City Hall, Fire Stations, Police Stations, Arts Centers, Senior Center, Health & Wellness Center, Teen Center, Aquatics Center, Youth Center, City Council Chambers and Community Meeting Rooms.

C. Recreation Facilities, Trails & Amenities: Facilities/amenities that could be located within a public park or part of a facility or a segment/portion of a trail.

These include, but are not limited to, athletic fields, gymnasiums, and pavilions, meeting rooms, skate parks, picnic shelter s, benches, tennis and basketball courts, playground equipment, golf courses, recreation centers and trails (pedestrian, biking and equestrian).
737
D. Support Facilities: City owned facilities that are used to support field operations.

Support facilities may include such facilities as a Corporation Yard.

3. NAMING GUIDELINES AND CONDITIONS:

A. The criteria set by City Council is provided for naming of public parks, facilities and trails in a manner that will provide an easy and recognizable reference for City residents and visitors.

B. The naming of a public park, facility and trail may be based on the geographic location of said facility within a specific place, neighborhood, regional area of the City, or the City itself, if the facility is deemed to serve the entire community or the surrounding areas.

C. The naming of a public park, facility and trail may include a prominent form of topography, a prominent plant, bush or tree and historical (pre-city incorporation, July 1, 2008) precedent.

D. Individual and organizations that have made contributions of regional or community wide significance may be considered for naming of public parks, facilities and trails that serve the region or community.

E. Individuals and organizations that have made contributions of area or neighborhood-wide significance may be considered for naming of public parks, facilities and trails that serve areas or neighborhoods within the City, including recreational facilities and amenities within public parks.

F. Public parks, facilities and trails or portions thereof may be dedicated in memory or honor of, individuals or organizations and are encouraged to be in the form of facility improvements or enhancements.

G. The naming of a public park, facility and trail shall recognize individuals (deceased or living yet retired or professionally/politically in- active) or community organizations (active or non- active) that have made a significant contribution to the City of Wildomar.

H. Dedications and Memorials:
a. Any individual, family, group or organization sponsoring a dedication or memorial must provide sufficient funds to purchase, install, and maintain any plaque or other form of label associated with the recognition. The City will make every effort to preserve any dedication plaque or memorial through regular standard of landscape care. If necessary, due to repair of surrounding areas, construction or redesign of a facility, the dedication or memorial object may be relocated at the City's expense. If the plaque or other dedication object cannot continue t o be reasonably maintained, it may be removed by the City and returned to its owner.
b. If the dedication includes the gift of a tree or plant, the City will provide its regular standard of landscape care for the tree or plant. If the tree or plant 738
does not survive, the City is not obligated to provide a replacement. If so, the sponsor must provide sufficient funds to purchase and re install said tree or plant.
c. If the dedication includes the gift of an object (e.g. bench, picnic table, play ground equipment), the City will provide its regular standard of care and maintenance for the object. If the object is damaged due to vandalism; becomes unusable due to age, wear and tear or is stolen, the City is not obligated to replace or repair the object. If so, the s ponsor must provide sufficient funds to purchase and re-install said object.

3. SPECIFIC NAMING CRITIERA:

The following criteria must be met when requesting to provide a name for public parks, facilities and trails. No part of these criteria shall conflict with any City ordinance, code or other laws and regulations.

A. Names with connotations which by contemporary community standards are derogatory or offensive shall not be considered.

B. Individuals must be retired or in-active from their profession or political office which provided the basis for their significant contribution to the community.

C. The individual must not have been convicted of a felony.

D. “Dedications” are in recognition of an outstanding service, a donation or contribution to the public park, facility, trail or community or, in “Memory” of someone who has made a substantial contribution to the public park, facility, trail or community.

E. Dedications and memorials must blend with or complement the existing public park, facility or trail.

4. GENERAL NAMING CRITIERA

Requests for the naming of public parks, facilities and trails including, but not limited to; public parks, facilities and trails including, buildings, support facilities and recreation facilities; and the placement of dedica tions or memorial objects or symbols (plaques, living trees, public benches, rocks, memorial flagpoles and sculptures) in, or on, public parks, facilities and trails in honor of individuals (deceased or living yet professionally/politically inactive) or community organizations (active or non- active) may only be considered if at least one or more of the following eligibility criteria below is satisfied.

A. The individual, their family or a community organization has made exceptional contributions to the City, including, but not limited to, financial gifts, public service , dedications, contributions, etc.
739
B. The individual was/is a resident of the City of Wildomar for at least fifteen (15) years.

C. Individual: The person for whom the public park, facility or trail is being named, died in the line of duty serving in the military of the United States of America.

D. Individual: The person for whom the public park, f acility or trail is being named, died while performing a heroic act (e.g., saving the life of another person).

E. The “Historic” designation category can be used when the naming designation:
a. Exceeds 50 years in the community; or
b. Before City incorporation (prior to July 1, 2008)

F. The “Patron” designation category can be used when the naming designation:
a. Less than 50 years in the community
b. After City incorporation (July 1, 2008).

5. PROCESS & PROCEDURES

A. All requests for the naming of public parks, faciliti es and trails must be submitted in writing to the City Clerk. Such requests, at a minimum, must provide the following:

1. Name of petitioner.

2. Description of the request and how the naming criteria is met.

3. Location/address of the public park, facility, trail or area of the city.

4. Desired date for the City Council to consider the request.

5. Desired date of dedication/ceremony, if possible, to have the naming of the public park, facility or trail.

6. Authorization from the individual or organization for which the public facility will be named (if not same as petitioner).

B. The City Clerk shall then forward the request to the appropriate sub- committee/department for review and recommendation.

C. The sub- committee/department will submit valid requests to the City Council at the earliest possible meeting for consideration.

D. The Clerk shall notify the petitioner of the date and time for City Council consideration and/or the subsequent action by the City Council.

E. The City Council shall evaluate the naming of public parks, facilities and trails.

F. The City Council shall have the final authority to approve names of public parks, facilities and trails.

G. Once the City Council acts on a request, the decision is final and becomes effective immediately. This proces s does not apply to the renaming of 740
streets.
741
742

CITY OF WILDOMAR

CC - REGULAR MEETING

GENERAL BUSINESS
Agenda Staff Report # 3.4
Meeting Date: July 12, 2023
SUBJECT:

Measure AA Oversight Advisory Committee Appointments
SUBMITTED BY:

Janet Morales
PREPARED BY:

Janet Morales

ACTION:

Review the applications for membership on the Measure AA Oversight Advisory Committee and appoint 1 member for a term ending June 2024 and 2 members for terms ending June 2025.

SUMMARY:

The Measure AA Committee is comprised of five members and serves as established and appointed for 2 year terms by the City Council. The Committee’s role is to ensure that all revenues received from the voter approved one cent transactions and use tax (Measure AA) are spent on permissible uses as outlined in City of Wildomar Ordinance 161 and City Municipal Code Chapter 3.22.

BACKGROUND:

Patricia Richardson submitted her resignation for a term ending June 2024. Charles (Ken) Herrera and Sheila Urlaub's terms expired in June 2023.

DISCUSSION:

On June 8, 2023, a Notice of Vacancy for 1 unscheduled and 2 scheduled positions were advertised. At the end of the recruitment period, applications were received from the following residents:

1. Jasmine Bearden

2. Eric Bunge

3. Carlos Hernandez

4. James Howey

It is staff’s recommendation that the City Council review the applications and make one appointment for a term ending June 2024 and two appointments for terms ending June 2025. 743

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Bearden, Jasmine

2. Bunge, Eric

3. Hernandez, Carlos

4. Howey, James
744
1 | Page

Volunteer Application

WILDOMAR MEASURE AA
CITIZEN’S OVERSIGHT ADVISORY COMMITTEE

City of Wildomar
23873 Clinton Keith Rd Ste. 201
Wildomar, CA 92595
951.677.7751 (phone)
951.698.1463 (fax)

VOLUNTEER APPLICANT INFORMATION

Last Name: First Name: MI:

Address: City: Zip Code:

Home Phone: Cell Phone:

E m a i l A d d r

QUESTIONAIRE

What type of Volunteer Experiences Have You Had?

Education, Credentials, Government Finance/ Accounting/Auditing Experience:

Public Communication Experience:

Project Leadership Skills/Experience:

Knowledge of Police, Fire, Street Maintenance and Homelessness needs, services and costs:

Other Relevant Skills/Information:

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2 | Page
Volunteer Acknowledgement

VOLUNTEER CONSENT
Your signature below indicates that you have read each of the above items and you agree to be bound by them.

Applicant Name (print) Applicant Signature Date

VOLUNTEER ACKNOWLEDGEMENT AND WAIVER
As a Volunteer, I understand that:
x I give the City of Wildomar permission to conduct a thorough background check on me, which may include a review of sex offender registries, criminal history records, and law enforcement records. I understand that volunteer positions may be conditional upon favorable background information as determined by the City of Wildomar.
x The City of Wildomar is not obligated to provide me with a volunteer placement. I also understand that I am not obligated to accept the volunteer position offered. x Volunteers are expected to immediately inform us if they are unable or unwilling to perform a requested task. Physical requirements of tasks may involve sitting, standing, walking stooping, kneeling, climbing, talking. Listening, reading, handling (lifting, pushing, pulling), objects, handling heavy objects, operation tools, operating power tools, operating vehicles. x Volunteer positions are charitable contributions to the City of Wildomar without compensation or benefit of any kind or consideration of future employment. x I have the obligation to notify my supervisor of an injury incurred while volunteering. x I agree to be subjected to the policies and procedures of the City of Wildomar. x I am not an employee of the City of Wildomar.
x The City of Wildomar reserves the right to terminate my volunteer status at any time.

VOLUNTEER CODE OF CONDUCT
As a volunteer I will:
x Perform only those assigned tasks that are within my physical capability and will not undertake any tasks that are beyond my physical capability or ability. x Not undertake to operate or use vehicles, equipment or tools that I am unfamiliar with or have not been trained to operate properly and safely, and have not received specific authorization to use from my supervisor.
x Observe all safety rules and use provided safety equipment in the performance of my assigned tasks. x Treat everyone with respect, patience, integrity, courtesy, and dignity. x Not use profanity, or make humiliating, ridiculing, threatening, or degrading statements. x Return all City equipment and identification upon request or at end of assignment. -"2
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746
1 WILDOMAR MEASURE AA
CITIZEN’S OVERSIGHT ADVISORY COMMITTEE
Supplemental Questionnaire
PRINT NAME:

PLEASE TYPE OR PRINT LEGIBLY
This Supplemental Questionnaire will be a tool in the evaluation of your qualifications for this position.

Please answer each question in sufficient detail so that we can understand precisely what your qualifying experience and accomplishments have been.

A Supplemental Questionnaire is required for Wildomar Measure AA Citizens’ Oversight Advisory Committee appointments. Your application will not be considered complete without submittal of both forms.

Please use the space provided for your response. If more space is necessary, one additional page per question may be attached.
__________________________________________________ ___ __________________________ Signature Date

1. Have you participated in local government as a committee member, commissioner, council member, or staff? What was your role and what did you learn from it? -"2
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750
1 | Page

Volunteer Application

WILDOMAR MEASURE AA
CITIZEN’S OVERSIGHT ADVISORY COMMITTEE

City of Wildomar
23873 Clinton Keith Rd Ste. 201
Wildomar, CA 92595
951.677.7751 (phone)
951.698.1463 (fax)

VOLUNTEER APPLICANT INFORMATION

Last Name: First Name: MI:

Address: City: Zip Code:

Home Phone: Cell Phone:

E m a i l A d d r

QUESTIONAIRE

What type of Volunteer Experiences Have You Had?

Education, Credentials, Government Finance/ Accounting/Auditing Experience:

Public Communication Experience:

Project Leadership Skills/Experience:

Knowledge of Police, Fire, Street Maintenance and Homelessness needs, services and costs:

Other Relevant Skills/Information:

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2 | Page
Volunteer Acknowledgement

VOLUNTEER CONSENT
Your signature below indicates that you have read each of the above items and you agree to be bound by them.

Applicant Name (print) Applicant Signature Date

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752
1 WILDOMAR MEASURE AA
CITIZEN’S OVERSIGHT ADVISORY COMMITTEE
Supplemental Questionnaire
PRINT NAME:

PLEASE TYPE OR PRINT LEGIBLY
This Supplemental Questionnaire will be a tool in the evaluation of your qualifications for this position.

Please answer each question in sufficient detail so that we can understand precisely what your qualifying experience and accomplishments have been.

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3 4. What qualities or experience would you bring that would benefit the Wildomar Measure AA Citizen’s Oversight Advisory Committee?

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4 6. What is your experience with governmental financial reports and/or audits?

7. Describe your goals and/or interest in being a member of the Committee.

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756
1 | Page

Volunteer Application

WILDOMAR MEASURE AA
CITIZEN’S OVERSIGHT ADVISORY COMMITTEE

City of Wildomar
23873 Clinton Keith Rd Ste. 201
Wildomar, CA 92595
951.677.7751 (phone)
951.698.1463 (fax)

VOLUNTEER APPLICANT INFORMATION

Last Name: First Name: MI:

Address: City: Zip Code:

Home Phone: Cell Phone:

E m a i l A d d r

QUESTIONAIRE

What type of Volunteer Experiences Have You Had?

Education, Credentials, Government Finance/ Accounting/Auditing Experience:

Public Communication Experience:

Project Leadership Skills/Experience:

Knowledge of Police, Fire, Street Maintenance and Homelessness needs, services and costs:

Other Relevant Skills/Information:

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2 | Page
Volunteer Acknowledgement

VOLUNTEER CONSENT
Your signature below indicates that you have read each of the above items and you agree to be bound by them.

Applicant Name (print) Applicant Signature Date

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758
1 WILDOMAR MEASURE AA
CITIZEN’S OVERSIGHT ADVISORY COMMITTEE
Supplemental Questionnaire
PRINT NAME:

PLEASE TYPE OR PRINT LEGIBLY
This Supplemental Questionnaire will be a tool in the evaluation of your qualifications for this position.

Please answer each question in sufficient detail so that we can understand precisely what your qualifying experience and accomplishments have been.

1. Have you participated in local government as a committee member, commissioner, council member, or staff? What was your role and what did you learn from it? +0%#**1!(+,!

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762
1 | Page

Volunteer Application

WILDOMAR MEASURE AA
CITIZEN’S OVERSIGHT ADVISORY COMMITTEE

City of Wildomar
23873 Clinton Keith Rd Ste. 201
Wildomar, CA 92595
951.677.7751 (phone)
951.698.1463 (fax)

VOLUNTEER APPLICANT INFORMATION

Last Name: First Name: MI:

Address: City: Zip Code:

Home Phone: Cell Phone:

E m a i l A d d r

QUESTIONAIRE

What type of Volunteer Experiences Have You Had?

Education, Credentials, Government Finance/ Accounting/Auditing Experience:

Public Communication Experience:

Project Leadership Skills/Experience:

Knowledge of Police, Fire, Street Maintenance and Homelessness needs, services and costs:

Other Relevant Skills/Information:

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Volunteer Acknowledgement

VOLUNTEER CONSENT
Your signature below indicates that you have read each of the above items and you agree to be bound by them.

Applicant Name (print) Applicant Signature Date

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764
1 WILDOMAR MEASURE AA
CITIZEN’S OVERSIGHT ADVISORY COMMITTEE
Supplemental Questionnaire
PRINT NAME:

PLEASE TYPE OR PRINT LEGIBLY
This Supplemental Questionnaire will be a tool in the evaluation of your qualifications for this position.

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CITY OF WILDOMAR

CC - REGULAR MEETING

FUTURE AGENDA ITEMS
Meeting Date: July 12, 2023
SUBJECT:

Future Agenda Items
SUBMITTED BY:

Janet Morales

ACTION:

Title- Councilmember-Anticipated Date

1. Amend Fencing Requirements - Benoit - Fall 2023

2. Amend Multi-Family Design Guidelines - Benoit - Aug 2023

3. Official reserve policy - Marquez - TBD
769

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 4.1
Meeting Date: July 12, 2023
SUBJECT:

Minutes - June 14, 2023 - Regular Meeting
SUBMITTED BY:

Janet Morales

ACTION:

Approve the minutes as presented
ATTACHMENTS:

1. Minutes June 14, 2023
770

MINUTES

CITY OF WILDOMAR
CEMETERY DISTRICT –REGULAR MEETING
WEDNESDAY, JUNE 14, 2023

COUNCIL CHAMBERS
23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA 92595

CALL TO ORDER THE WILDOMAR CEMETERY DISTRICT
The regular session meeting was called to order by Chair Morabito at 9:12 P.M.

ROLL CALL
Members in attendance: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez
Members absent: Dustin Nigg
Trustee Nigg’s absence was excused.

Staff in Attendance: City Manager York, City Attorney Jex, City Clerk Morales, Community Development Director Bassi, Code Enforcement Supervisor Berroteran, Senior Financial Analyst Jantz, Public Works Director Farag, Administrative Services Director Schrader, Development Manager Stadnik, IT Technician Sung, and Community Services Director Torres.

PUBLIC COMMENTS
None

BOARD COMMUNICATIONS
None

APPROVAL OF THE AGENDA AS PRESENTED
Moved by Bridgette Moore, seconded by Ashlee DePhillippo to Approve the Agenda as presented.

Motion Approved: 4 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez, Voting Against: None
Abstain: None

Absent: Dustin Nigg

4. CEMETERY CONSENT CALENDAR
Moved by Bridgette Moore, seconded by Ashlee DePhillippo to approve all items on the consent calendar.
771
Motion Approved: 4 – 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez Voting Against: None
Abstain: None

Absent: Dustin Nigg

4.1 Minutes-May 10, 2023 Regular Meeting
Approved the minutes as presented.

4.2 Warrant Register Cemetery May 2023
Approved the following:

For Fiscal Year 2022/2023.

1. Warrant Register dated 05-04-2023 in the amount of $2,079.23.

2. Warrant Register dated 05-11-2023 in the amount of $1,072.95.

3. Warrant Register dated 05-25-2023 in the amount of $1,604.80.

4.3 April 2023 Cemetery Treasurers Report
Approved the Treasurer’s Report for February 2023.

5. CEMETERY PUBLIC HEARINGS
None scheduled.

6. CEMETERY GENERAL BUSINESS
None scheduled.

GENERAL MANAGER REPORT
None.

FUTURE AGENDA ITEMS
None.

ADJOURN THE WILDOMAR CEMETERY DISTRICT MEETING
There being no further business, Chair Morabito adjourned the meeting at 9:13 p.m.

Submitted by: Approved by:

Janet Morales, CMC Joseph Morabito
City Clerk Chair
772

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 4.2
Meeting Date: July 12, 2023
SUBJECT:

Warrant Register Cemetery June 2023
SUBMITTED BY:

Nicholas Neidiffer
PREPARED BY:

Nicholas Neidiffer

ACTION:

Approve the following:

For Fiscal Year 2022/2023

1. Warrant Register dated 06-08-2023 in the amount of $3,348.64.

2. Warrant Register dated 06-15-2023 in the amount of $1,890.02.

3. Warrant Register dated 06-22-2023 in the amount of $1,371.60.

4. Warrant Register dated 06-29-2023 in the amount of $4,898.27.

DISCUSSION:

The Wildomar Cemetery District requires that the Trustees audit payments of demands and direct the General Manager to issue checks. The Warrant Registers are submitted for approval.

FISCAL IMPACT:

These Warrant Registers will have a budgetary impact in the amount and fiscal year noted in the recommendation section of this report. These costs are included in the Fiscal Year 2022/23 Budget.

ATTACHMENTS:

Warrant Reg CEM June 2023 Voucher Listings
773
06/08/2023
Voucher List
City of Wildomar
1 1:43:25PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216676 6/8/2023 001913 ABSOLUTE INTERNATIONAL, SECURITY INC2020107628B 05/01/23-05/31/23 SECURITY PATROL 486.98 Total : 486.98
216677 6/8/2023 000088 ACE HARDWARE 307256/3 CEMETERY DEPT SUPPLIES 103.93 Total : 103.93
216678 6/8/2023 000367 CINTAS CORPORATION 4156312815 STAFF UNIFORM & TOWEL MAINTENANCE 112.05 141.66STAFF UNIFORM & TOWEL MAINTENANCE4157094628
Total : 253.71
216679 6/8/2023 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT12382005 04/19/23-05/20/23 CEMETERY WATER

SERVICE
795.78
Total : 795.78
216680 6/8/2023 000941 FRONTIER 51923 05/19/23-06/18/23 CEMETERY

VOICE/INTERNE
141.64
Total : 141.64
216681 6/8/2023 001933 HONOR PLUMBING CO 14259 MISC REPAIRS 195.00 Total : 195.00
216682 6/8/2023 001986 TALENTZOK 174643 ADMINISRATIVE ASSISTANT W/E 5/28/23 1,371.60 Total : 1,371.60
Bank total : 3,348.64 7 Vouchers for bank code : wf
3,348.64Total vouchers :Vouchers in this report 7
774
06/15/2023
Voucher List
City of Wildomar
1 3:31:03PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216725 6/15/2023 000088 ACE HARDWARE 307297/3 CEMETERY DEPT SUPPLIES 35.10 Total : 35.10
216726 6/15/2023 000367 CINTAS CORPORATION 4157715034 STAFF UNIFORM & TOWEL MAINTENANCE 141.66 141.66STAFF UNIFORM & TOWEL MAINTENANCE4158427573
Total : 283.32
216727 6/15/2023 001429 DANIEL PEST CONTROL 23-2395 6/08/23 BEE REMOVAL 200.00 Total : 200.00
216728 6/15/2023 001986 TALENTZOK 174769 0000464 TEMPORARY STAFFING ADMINISTRATIVE ASSIST
1,371.60
Total : 1,371.60
Bank total : 1,890.02 4 Vouchers for bank code : wf
1,890.02Total vouchers :Vouchers in this report 4
775
06/22/2023
Voucher List
City of Wildomar
1 4:56:27PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216771 6/22/2023 001986 TALENTZOK 174836 0000464 ADMINISTRATIVE ASSISTANT W/E 6/18/23 1,371.60 Total : 1,371.60
Bank total : 1,371.60 1 Vouchers for bank code : wf
1,371.60Total vouchers :Vouchers in this report 1
776
06/29/2023
Voucher List
City of Wildomar
1 5:10:38PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216802 6/29/2023 000088 ACE HARDWARE 307319/3 EQUIPMENT 555.81 Total : 555.81
216803 6/29/2023 000367 CINTAS CORPORATION 4159159414 STAFF UNIFORM & TOWEL MAINTENANCE 141.66 141.66STAFF UNIFORM & TOWEL MAINTENANCE4159859930
Total : 283.32
216804 6/29/2023 001338 DEANZA TERMITE & PEST CONTROL, INC628786B PEST CONTROL CEMETERY (6/19/23) 55.00 Total : 55.00
216805 6/29/2023 000186 RIGHTWAY 343764 (2) CEMETERY RESTROOM

MAINTENANCE/SERVIC
449.55
Total : 449.55
216806 6/29/2023 000094 STAUFFERS LAWN EQUIPMENT 114369 EQUIPMENT MAINTENANCE REPAIR 870.23 Total : 870.23
216807 6/29/2023 001258 SUNBELT RENTALS, INC. 139995867-0001 CEMETERY EQUIPMENT RENTAL 70.32 Total : 70.32
216808 6/29/2023 001986 TALENTZOK 174706 0000464 ADMINISTRATIVE ASSISTANT W/E 6/04/23 1,097.28 0000464 1,371.60ADMINISTRATIVE ASSISTANT W/E 6/25/23174904 Total : 2,468.88
216809 6/29/2023 000378 TEMECULA VALLEY PIPE & SUPPLY 628293 FACILITY MATERIAL 145.16 Total : 145.16
Bank total : 4,898.27 8 Vouchers for bank code : wf
4,898.27Total vouchers :Vouchers in this report 8
777

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 4.3
Meeting Date: July 12, 2023
SUBJECT:

May 2023 Cemetery Treasurers Report
SUBMITTED BY:

Adam Jantz
PREPARED BY:

Adam Jantz

ACTION:

Approve the Treasurer’s Report for May 2023.

SUMMARY:

May 2023 Cemetery Treasurer's Report

DISCUSSION:

Attached is the Treasurer’s Report for Cash and Investments for the month of May 2023.

FISCAL IMPACT:

This is only a report of balances for the Cemetery, therefore it has no fiscal impact.

ACCOUNT CODE:
300-1011
301-1011

ATTACHMENTS:

May 2023 Cemetery Treasurer's Report
778

PERCENT

OF DAYS STATED
FUND BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO TO MAT. RATE 301 $ 402,145.20 $ 402,145.20 $ 402,145.20 28.55% 0 5.16% 300 $ 1,008,699.52 $ 1,008,699.52 $ 1,006,198.70 71.45% 0 Variable $ 1,410,844.72 $ 1,410,844.72 $ 1,408,343.90 100.00%
+ + WITHDRAWALS/

BEGINNING DEPOSITS/ INTEREST SALES/ ENDING STATED

FUND BALANCE PURCHASES DEPOSITED MATURITIES BALANCE RATE 301 $ 400,390.13 $ - $ 1,755.07 $ - $ 402,145.20 5.16% 300 $ 1,006,298.90 $ - $ 2,400.62 $ - $ 1,008,699.52 Variable $ 1,406,689.03 $ - $ 4,155.69 $ - $ 1,410,844.72 City Treasurer
In compliance with the California Code Section 53646, as City Treasurer for the Wildomar Cemetery District, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the District's expenditure requirements for the next six months.

I also certify that this report reflects all Government Agency pooled investments and all of the District's Bank Balances.

Heidi Schrader 6/11/2023
Heidi Schrader Date
TOTAL

WILDOMAR CEMETERY DISTRICT

TREASURER'S REPORT FOR

CASH AND INVESTMENT PORTFOLIO
May 2023

DISTRICT INVESTMENT
ISSUER
ISSUER
TOTAL

CAMP POOL

CAMP MANAGED ACCOUNT

CAMP POOL

CAMP MANAGED ACCOUNT
779

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 4.4
Meeting Date: July 12, 2023
SUBJECT:

Authorize use of Cemetery District Property, APN 376-060- 031, as a Temporary Construction Staging Area for the City of Wildomar’s Road Maintenance and Rehabilitation Project (CIP 057-2) and Slurry Seal Project (CIP 058-2) Contractor
SUBMITTED BY:

Jason Farag
PREPARED BY:

Cameron Luna

ACTION:

Authorize the General Manager to sign the License Agreement and approve the use of District property, APN 376-060-031, as a temporary construction staging area for the City of Wildomar’s Road Maintenance and Rehabilitation Project (CIP 057-2) and Slurry Seal Project (CIP 058-2) Contractor All American Asphalt.

SUMMARY:

CIP contractor All American Asphalt seeks approval from the District to use the District’s Property for the temporary storage of construction equipment and materials during the duration of the Project.

BACKGROUND:

CIP 057-2/058-2 (Projects) include street improvements on several roads throughout the City.

The City's Contractor for the Projects, All American Asphalt, has requested a location to temporarily stage construction equipment, items, and pavement materials during the duration of the Projects. The District owns a secured parcel (APN 376-060-031) near Palomar Street that is located near some of the streets included in the Projects. This parcel has been used for temporary construction staging in past CIP projects.

DISCUSSION:

To permit use of District property, the user of the property must execute a License Agreement with the District. A proposed License Agreement (Agreement) for this specific request is included in Attachment A. As proposed in in the Agreement, access to the District property would be granted to the contractor for approximately seven (7) months, enough time to cover the 150 working days allowed in the construction contract. The contractor will be required to 780
secure the equipment and materials, at no liability to the District. The site will be maintained per the License Agreement, employing good housekeeping and compliance with stormwater pollution prevention requirements. The Contractor will restore the site to an acceptable condition upon the completion of their use. Staff requests that the Board of Trustees approve the use of District property as a temporary construction staging area and authorize the General Manager to sign the License Agreement.

FISCAL IMPACT:

There is no impact to the Cemetery District budget. Any costs related to the Projects or the approval of this License Agreement are funded by the budgets approved by the City Council for the Projects.

ATTACHMENTS:

A - Temporary Use License Agreement
781
L

ICENSE AGREEMENT BETWEEN THE WILDOMAR

CEMETERY DISTRICT AND ALL AMERICAN ASPHALT,
INC. FOR TEMPORARY STORAGE OF CONSTRUCTION

EQUIPMENT AND MATERIALS
T
his LICENSE AGREEMENT (“Agreement”) is made and entered into on the 12TH day of July 2023 between the Wildomar Cemetery District, as a subsidiary district of the City of Wildomar , hereinafter referred to as “ District,” and All American Asphalt , Inc., hereinafter referred to as Licensee. District and Licensee are sometimes individually referred to as a “Party” and collectively as the “Parties.” All references to District include its elected officials, officers, directors, employees, agents, and volunteers. All references to Licensee include its personnel, employees, agents, and subcontractors.

RECITALS
WHEREAS, the District is the owner of land designated as APN 376 -060-031 (“Property”) of the Tax Assessor’s Maps of Riverside County i n the City of Wildomar (“City”); which lands are graphically depicted in Exhibit “A” attached hereto, being the location of District’s Property; and
WHEREAS, Licensee wishes to seek approval from District to utilize the District’s Property for the temporary storage of construction equipment and materials; and WHEREAS, District agrees to permit Licensee to utilize the District Property for said purposes subject to the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the following, the parties agree as follows:

1. G RANT OF LICENSE. District does hereby grant to Licensee, and Licensee does hereby accept from District , a nonexclusive license to use the District Property for the purpose of storing construction materials and equipment to be used for the Road Maintenance and Rehabilitation Project, CIP 057- 2, and Sl urry Seal Project, CIP 058-2, approved by the City of Wildomar City Council on July 12, 2023.

2. TERM. The initial Ter m of the Agreement shall commence on July 19, 2023, and shall terminate at 12:00 midnight on February 29, 2024. The parties may mutually agree to extend the Term for up to six (6) months . Such extension shall be memorialized in writing and the District Board authorizes the District General Manager to sign any such extension.

3. TERMINATION WITHOUT CAUSE: District may terminate this Agreement at any time without cause by notifying the other party in writing at least thirty (30) days prior to the termination date.

4. USE; M AINTENANCE: It i s h ereby ackn owledged and agreed that t he District Property is being provided to Licensee in an as -is condition, and District makes RIV #4842-6728-4265 v1
782
RIV #4842-6728-4265 v1

no representation regarding the condition of the District’s Property. Licensee shall maintain the District ’s Property in good condition, general wear and tear excepted.

Licensee agrees to employ good housekeeping and adhere to full compliance with NPDES requirements. Licensee agrees to take all prudent action to protect the Property from any damage or injury caused by the exercise of this License. Licensee shall pay to District all costs incurred by District for the repair of such damage or injury.

5. GENERAL INDEMNITY. Licensee shall indemnify, protect, defend and hold harmless District , and its elected and appointed officials, officers, agents and employees (collectively, the "Indemnified Parties"), from and against any and all claims, actions, liabilities, damages, losses, judgments, costs and expenses (including reasonable attorneys' fees and costs), (collectively "Claims") which the Indemnified Parties, or any of them, may suffer or incur arising from Licensee's use of the District ’s Property, and shall further indemnify, protect, defend and hold harmless the Indemnified Parties, and each of them, from and against any Claims arising from any negligence of Licensee, its agents, contractors, servants, employees, or licensees. The foregoing indemnity shall not extend to any Claims to the extent arising from the grossly negligent, willful or intentional acts or omissions of the Indemnified Parties, or any of them, as to all of which Claims District shall indemnify, protect, defend and hold harmless Licensee.

6. I
NSURANCE:
a. Types; Amounts. Licensee shall obtain, and shall require any subcontractor to obtain, insurance in the amounts described below unless specificall y altered or waived by District (“Required Insurance”).
i. Commercial General Liability Insurance. Licensee shall maintain occurrence version commercial general liability insurance or equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate, and excess liability coverage in the form of an umbrella policy of no less than Four Million Dollars ($4,000,000).
ii. “All Risk” Property Insurance. Licensee shall maintain a policy of property insurance for perils usual to a standard “all risk” insurance policy on all its improvements or alterations in, on, or about the Premises, with limits equal to ninety percent (90%) of the replacement value of all such improvements or alterations. Licensee is permitted to self insure this coverage in a manner consistent with its risk management program in effect from time to time. This option to self insure does not extend to Licensee’s subcontractors.
iii. Worker’s Compensation as required by law.
iv. Automobile liability with a combined single limit of One Million Dollars ($1,000,000.00) per accident.
783
RIV #4842-6728-4265 v1

b. General Provisions. The Required Insurance shall include District and City, its elected officials, officers, employees, agents, and volunteers as additional insureds. The Required Insurance shall be primary with respect to any insurance or self -insurance programs covering District and City, its elected officials, officers, employees, agents, and volunteers, or if in excess stand in an unbroken chain of coverage in excess of Licensee’s scheduled underlying coverage. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to District and City, its el ected officials, officers, employees, agents, and volunteers.

c. C
ertificates; Insurer Rating Cancellation Notice. Prior to the Commencement Date, Licensee shall furnish to District properly executed certificates of insurance which evidence all Required Insurance. Licensee shall maintain the Required Insurance at all times while this Agreement is in effect, and shall replace any certificate or policy which will expire within twenty (20) days after expiration. All certificates of insurance evidencing the Required Insurance shall state that coverage shall not be canceled, unless insurers endeavor to provide thirty (30) days’ prior written notice to District. Unless approved in writing by District, Licensee shall place the Required Insurance with insurers licensed to do business in the State of California and with a current A.M.

Best rating of at least A:VII.

7. SEVERABILITY: If any term, provision, covenant or condition of this License should be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Agreement shall continue in full force and effect, and shall in no way be affected, impaired or invalidated thereby.

8. I
NTERPRETATION: The laws of the State of California shall govern the validity, construction and effect of this Agreement.

9. AM ENDMENTS: No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the District and Licensee. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

10. ENT
IRE AGREEMENT : This License, including Exhibit "A", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other Agreements or understandings, whether oral or written, or entered into between District or Licensee prior to the execution of this License. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. 784
RIV #4842-6728-4265 v1

11. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, or by commercial courier, provided the courier’s regular business is delivery service and provided f urther that it guarantees delivery to the addressee by the end of the next business day following the courier’s receipt from the sender, addressed as follows (or any other address that the party to be notified may have designed to the sender by like notice):

TO DISTRICT:

TO
LICENSEE :

Wildomar Cemetery District
Attention: Dan York, General Manager
23873 Clinton Keith Road, Suite 110
Wildomar, CA 92595
All American Asphalt, Inc.

Attention: Edward J Carlson, Vice President
400 E. 6th St., Corona, CA 92879
N
otice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing.

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

W
ILDOMAR CEMETERY DISTRICT ALL AMERICAN ASPHALT, INC.
______
_____________________ By: ______________________________ Dan York, General Manager Title: _____________________________ [Notary Acknowledgement Required]
B
y: ______________________________
Title: _____________________________
[Notary Acknowledgement Required]
APP
ROVED AS TO FORM:
______
_____________________
Thomas D. Jex, District Counsel
785

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
On ____________________, 2023 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the fore going paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General
 Attorney-In-Fact Number Of Pages
 Trustee(s)
 Guardian/Conservator
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above

786

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General
 Attorney-In-Fact Number Of Pages
 Trustee(s)
 Guardian/Conservator
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above

787
Exhibit "A"
788

Wildomar City CouncilJuly 12, 2023

Wildomar City Council
July 12, 2023