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07092024 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JULY 9, 2024 - 6:00 PM CLOSED SESSION - 5:00 PM LABOR NEGOTIATIONS - The City Council will meet in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are City Manager Aaron Adams, City Attorney Peter Thorson, Assistant City Manager Kevin Hawkins, Director of Finance Jennifer Hennessy, Director of Human Resources and Risk Management Isaac Garibay, Deputy City Manager Luke Watson and Senior Human Resources Analyst Becky Obmann. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council will meet in closed session with the City Attorney's Office pursuant to Government Code Section 54956.9(d)(1) with respect to two matters of pending litigation: (1) City of Temecula v. Sohan Singh, et al. (Riverside Superior Court Case No. CVSW2303952) and (2) City of Temecula v. Jose Leonardo Garcia, et al. (Riverside County Superior Court Case No. CVSW2303954). CALL TO ORDER: Mayor James Stewart INVOCATION: Sylvester Scott of Baha'is of Temecula FLAG SALUTE: Mayor James Stewart ROLL CALL: Alexander, Kalfus, Schwank, Stewart PRESENTATIONS Presentation of Certificate of Recognition to Building Official Brian Clements Upon Retirement BOARD / COMMISSION REPORTS Planning Commission and Traffic Safety Commission PUBLIC SAFETY REPORT County of Riverside, Fire Department (CAL FIRE) Page 1 City Council Agenda July 9, 2024 PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports. CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the City Council on matters on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images maybe displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Alen Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. Attachments: Agenda Report 2. Approve Action Minutes of June 11, 2024 Recommendation: That the City Council approve the action minutes of June 11, 2024. Attachments: Action Minutes 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Page 2 City Council Agenda July 9, 2024 TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Attachments: Agenda Report Resolution List of Demands 4. Annrove Second Amendment to Agreement with Habitat for Humanitv for the Temecula Home Repair Program Recommendation: That the City Council approve the second amendment to the agreement with Habitat for Humanity for the Temecula Home Repair Program. Attachments: Agenda Report Agreement Exhibit A - Program Guidelines 5. Accept Dedication of Easements for Drainage Purposes Pursuant to Parcel Map 19677 and Approve Related Quitclaim Deed for Transfer to Riverside County Flood Control and Water Conservation District Recommendation: That the City Council adopt resolutions entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING DEDICATION OF CERTAIN EASEMENTS FOR DRAINAGE PURPOSES OFFERED ON PARCEL MAP 19677 RECORDED AS INSTRUMENT NO. 107843 ON MAY 9, 1986IN THE OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A QUITCLAIM DEED FOR THE TRANSFER TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT OF THE CITY OF TEMECULA'S INTEREST IN AND TO CERTAIN EASEMENTS FOR DRAINAGE PURPOSES DEDICATED TO THE PUBLIC PURSUANT TO PARCEL MAP 19677 IN CONNECTION WITH THE PRADO DEVELOPMENT IMPROVEMENTS Attachments: Agenda Report Resolution - Accepting Easements Resolution - Quitclaim Deed Quitclaim Deed Parcel Map 19677 Page 3 City Council Agenda July 9, 2024 6. Approve On -Call Agreements for Various Consulting Services for the Department of Public Works for Fiscal Years 2025-29 Recommendation That the City Council approve the following on -call agreements for various consulting services for the Department of Public Works for Fiscal Years 2025-29: Architectural Services: Dahlin Group, Inc. - $1,000,000 Ferguson Pape Baldwin Architects - $1,000,000 Delawie - $1,000,000 Construction Management Services: Falcon Engineering Services, Inc. - $1,000,000 Ardurra Group, Inc. - $1,000,000 Dudek - $1,000,000 Anser Advisory - $1,000,000 Engineering eering & Environmental Services: Mark Thomas & Company, Inc. - $1,000,000 IMEG - $1,000,000 Dokken Engineering - $1,000,000 MNS Engineering, Inc. - $1,000,000 NV5, Inc. - $1,000,000 Mapping & Survey Services: CL Surveying and Mapping, Inc. - $300,000 Michael Baker International, Inc. - $300,000 David Evans and Associates, Inc. - $300,000 Geotechnical and Material Testing Services: Verdantas Inc. - $1,000,000 Twining, Inc. - $1,000,000 Geocon West, Inc. - $1,000,000 Aragon Geotechnical, Inc. - $1,000,000 Propertcquisition Services: Monument - $1,000,000 Bender Rosenthal Incorporated - $1,000,000 Traffic Engineering Services: STC Traffic, Inc. - $1,000,000 Willdan Engineering - $1,000,000 Advantec Consulting Engineers, Inc. - $1,000,000 Page 4 City Council Agenda July 9, 2024 Attachments: Agenda Report Agreements - Architectural Services Agreements - Construction Management Services Agreements - Engineering & Environmental Services Agreements - Mapping _& Survey Services Agreements - Geotechnical & Materials Testing Services Agreements - Property Acquisition Services Agreements - Traffic Engineering Services 7. Approve Design -Build Agreement and General Conditions with De La Secura Builders, Inc. for the Ronald Reagan Sports Park Hockey Park Hockey Rink, Project No. PW22-06 Recommendation: That the City Council: 1. Appropriate $500,000 in Developer Contributions from the Extraordinary Benefit Payment received from the Rendezvous Apartments project to the Ronald Reagan Sports Park Hockey Rink, Project No. PW22-06; and 2. Approve the Design -Build Agreement and General Conditions with De La Secura Builders, Inc. with a Guaranteed Maximum Price amount of $2,957,062, for the Ronald Reagan Sports Park Hockey Rink, Project No. PW22-06; and 3. Authorize the City Manager to approve construction contract change orders up to 10% of the agreement amount, $295,706.20. Attachments: Agenda Report Agreement General Conditions Project Description 8. Approve Non -Exclusive Commodity greement with Main Street Signs for the Purchase of Street Name and Traffic Control Signs for Fiscal Years 2025-2029 Recommendation: That the City Council approve the Non -Exclusive Commodity agreement with Main Street Signs for the purchase of street name and traffic control signs for Fiscal Years 2024-2029, in the amount of $500,000. Attachments: Agenda Report Agreement 9. Award Construction Contract to Leonida Builders. Inc.. for the Murrieta Creek Improvements - Southside Parking Lot Reconfiguration, Now Dedicated and Known As the Roger Epperson Parking Lot, PW 15-07 Recommendation: That the City Council: Page 5 City Council Agenda July 9, 2024 1. Award a construction contract to Leonida Builders, Inc. in the amount of $1,242,399 for the Murrieta Creek Improvements - Southside Parking Lot Reconfiguration, PW 15-07; and 2. Authorize the City Manager to approve construction contract change orders up to $124,239.90, which is equal to 10% of the Contract amount; and 3. Make a finding that the Murrieta Creek Improvements, PW 15-07 is exempt from Multiple Species Habitat Conservation Plan fees. Attachments: Agenda Report Contract Project Description Project Location Map 10. Award Construction Contract to Martin Marietta San Diego Aggregates LLC dba ATP General Engineering Contractors, for the Rainbow Canyon Road Pavement Rehabilitation Project, PW22-15 Recommendation Attnehmvntc That the City Council: 1.Award a construction contract to Martin Marietta San Diego Aggregates LLC dba ATP General Engineering Contractors, in the amount of $1,923,009.35, for Rainbow Canyon Road Pavement Rehabilitation Project, PW22-15; and 2. Authorize the City Manager to approve construction contract change orders up to $252,300.94, which is 13% of the contract amount; and 3. Make a finding that Rainbow Canyon Road Pavement Rehabilitation Project, PW22-15, is exempt from Multiple Species Habitat Conservation Plan fees. Agenda Report Contract Project Description Project Location Map RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE TEMECULA PUBLIC FINANCING AUTHORITY Page 6 City Council Agenda July 9, 2024 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Zak Schwank ROLL CALL: Alexander, Kalfus, Schwank, Stewart CSD PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CSD CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Community Services District request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 11. Approve Action Minutes of June 11, 2024 Recommendation: That the Board of Directors approve the action minutes of June 11, 2024. Attachments: Action Minutes 12. Approve Sponsorship Agreements with Various Nonprofits for Use of City Facilities Recommendation: That the Board of Directors approve the following 2-year sponsorship agreements with various nonprofits for use of City facilities: Temecula Valley Garden Club - $3,840 Valley of the Mist Quilters Guild - $3,660 Temecula Valley Rose Society - $1,800 Temecula Valley Writers and Illustrators - $2,640 Page 7 City Council Agenda July 9, 2024 Attachments: Agenda Report Temecula Vallev Garden Club Valley of the Mist Quilters Guild Temecula Valley Rose Society Temecula Valley Writers and Illustrators 13. Annrove First Amendment to Aueement with Douglas Hiner dba DH Umpire Services Company for Officiating Services for the Adult Softball League Recommendation: That the Board of Directors approve the first amendment to the agreement with Douglas Hiner dba DH Umpire Services Company for officiating services for the Adult Softball League through June 30, 2026, for a total amount of $155,000, and amend related insurance requirements. Attachments: Agenda Report First Amendment CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, July 23, 2024, at 5:00 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 8 City Council Agenda July 9, 2024 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO MEETING TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY CALL TO ORDER: Chair James Stewart ROLL CALL: Alexander, Kalfus, Schwank, Stewart TPFA PUBLIC COMMENT A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. TPFA CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Temecula Public Financing Authority request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 14. Adopt Ordinance No. TPFA 2024-02 Lev.@g Special Taxes within Community Facilities District No. 23-02 (Altair) (Second Reading) Recommendation: That the Board of Directors adopt an ordinance entitled: ORDINANCE NO. TPFA 2024-02 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING Page 9 City Council Agenda July 9, 2024 AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 23-01 (ALTAIR) Attachments: Agenda Report Ordinance TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTOR REPORTS TPFA ADJOURNMENT The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, July 23, 2024, at 5:00 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 10 City Council Agenda July 9, 2024 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of a project at the time of the hearing. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at or prior to the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to CouncilComments@temeculaca.gov. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. At public hearings involving land use matters, the property owner and/or applicant has the burden of proof and, therefore, shall be allowed 15 minutes for an initial presentation, and an additional 10 minutes for rebuttal by its development team following other comments on the matter. An appellant, other than the property owner and/or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property, which is the subject of the public hearing, shall be allowed 15 minutes to present the appellant's position to the Council. The Mayor may allow more time if required to provide due process for the property owner, applicant or appellant. All other members of the public may speak during the public hearing for a maximum period of 5 minutes each. Deferral of one speaker's time to another is not permitted. In the event of a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 15. Introduce Ordinance Amending Titles 9 and 17 of the Temecula Municipal Code to Add and Implement a Class IV Entertainment License and Adopt Related Resolutions Recommendation: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 9 AND 17 OF THE TEMECULA MUNICIPAL CODE TO 1) IMPLEMENT AND DEFINE A CLASS IV ENTERTAINMENT LICENSE, 2) AMEND TABLE 17.08.030 (SCHEDULE OF PERMITTED USES COMMERCIAL / OFFICE / INDUSTRIAL DISTRICTS) TO INCLUDE CLASS IV ENTERTAINMENT ESTABLISHMENT AS A NON PERMITTED USE IN ALL ZONES BUT ALLOWED IN THE OLD TOWN SPECIFIC PLAN AND ADDING A NOTE REFERENCING CHAPTER 17.09 (ALCOHOL), 3) CREATE A NEW CHAPTER 17.09 (ALCOHOL) AND RELOCATE ALL ALCOHOL REQUIREMENTS FROM CHAPTER 17.10 (SUPPLEMENTAL DEVELOPMENT STANDARDS) TO CHAPTER 17.09 (ALCOHOL), 4) CREATE STANDARDS FOR Page 11 City Council Agenda July 9, 2024 ENTERTAINMENT ESTABLISHMENTS, AND 5) MAKING A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3) 2. Adopt the following resolutions entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING SPECIFIC PLAN AMENDMENT NO. 11 TO THE OLD TOWN SPECIFIC PLAN TO 1) ADD CLASS IV ENTERTAINMENT ESTABLISHMENT AS A PERMITTED USE IN THE DOWNTOWN CORE DISTRICT, 2) IMPLEMENT A ONE YEAR OUTDOOR LIVE ENTERTAINMENT PILOT PROGRAM, AND 3) MAKING A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A CLASS IV ENTERTAINMENT LICENSE FEE Attachments: Agenda Report CC Ordinance PC Resolution No. 2024-08 CC Resolution - Old Town Specific Plan Amendment Exhibit A - Old Town Specific Plan Amendment No. 11 PC Resolution No. 2024-09 CC Resolution - Fee Notice of Public Hearing Notice of Exemption 16. Introduce Ordinance Amending Chgpter 8.48, Heritage Tree Ordinance, of the Temecula Municipal Code in its Entirety to Establish the City of Temecula Protected Tree Ordinance Recommendation: That the City Council introduce an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 8.48, HERITAGE TREE ORDINANCE, OF THE TEMECULA MUNICIPAL CODE IN ITS ENTIRETY SO AS TO ESTABLISH THE CITY OF TEMECULA PROTECTED TREE ORDINANCE AND FINDING THAT THIS Page 12 City Council Agenda July 9, 2024 ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15378 (B)(5) AND 15061 (B)(3) Attachments: Agenda Report Ordinance Ordinance with Markups CEQA - Notice of Exemption Notice of Public Hearing ITEMS FOR FUTURE CITY COUNCIL AGENDAS Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed 3 minutes. No substantive discussion on the subject of the motion may occur. Items may only be placed on the agenda by Council Members pursuant to policy or by the City Manager based on administrative or operational needs of the City. Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed 3 minutes. All public participation is governed by the Council Policy regarding Public Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, July 23, 2024, at 5:00 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444. Page 13 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: July 9, 2024 SUBJECT: Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City's website and will be available in print at the meeting prior to the introduction or passage of the ordinance. Unless otherwise required, the full reading of the title and text of all ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 11, 2024 - 6:00 PM CALL TO ORDER: Mayor James Stewart INVOCATION: Chaplain Randy Mah, Riverside County Sheriffs Department FLAG SALUTE: Mayor James Stewart ROLL CALL: Alexander, Kalfus, Schwank, Stewart PRESENTATIONS Presentation of Certificate of Recognition to Facilities Supervisor Mario Munoz for Retirement Presentation of Certificate of Recognition for Great Oak High School Unified Relay State Champions BOARD / COMMISSION REPORTS Community Services Commission and Traffic Safety Commission PUBLIC SAFETY REPORT County of Riverside, Sheriffs Department PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: • Laurel LaMont • Melissa Bourbonnais CITY COUNCIL REPORTS CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (4-0): Motion by Schwank, Second by Alexander. The vote reflected unanimous approval. 1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. 2. Approve Action Minutes of May 28, 2024 3. 4. Recommendation: That the City Council approve the action minutes of May 28, 2024. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2024-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Adopt Resolutions Regarding the November 5, 2024 General Municipal Election Recommendation: That the City Council adopt the following resolutions regarding the November 5, 2024 General Municipal Election: RESOLUTION NO. 2024-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES RESOLUTION NO. 2024-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE RESOLUTION NO. 2024-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 RESOLUTION NO. 2024-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 2 TEMECULA PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT ANY MUNICIPAL ELECTION RESOLUTION NO. 2024-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING SETTING PRIORITIES FOR FILING WRITTEN ARGUMENT(S) AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS FOR ANY MEASURE(S) THAT MAY QUALIFY TO BE PLACED ON THE BALLOT FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION 5. Adopt Resolution for Passport Services and Fees Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2024-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING PASSPORT SERVICES AND FEES 6. Approve Annual Renewal of City Insurance Policies Recommendation: That the City Council approve the following insurance policies and renewal premiums: 1. Excess Liability ($1 OM Limit) insurance with Alliant National Municipal Liability (ANML) Program, in the amount of $919,095.73, for the period of July 1, 2024 to July 1, 2025; and 2. Excess Liability ($5M xs $1 OM Limit) insurance with Starstone Specialty Insurance Company, in the amount of $254,854.60, for the period of July 1, 2024 to July 1, 2025; and 3. Excess Workers' Compensation insurance with Safety National Casualty Insurance, in the amount of $150,846, for the period of July 1, 2024 to July 1, 2025; and 4. Property & Equipment Breakdown insurance with Hanover Insurance Company, in the amount of $189,245, for the period of July 1, 2024 to July 1, 2025; and 5. Difference in Conditions (Earth Movement and Flood) insurance with Steadfast Insurance Company and QBE Specialty Insurance Company in the amount of $365,456, for the period of July 1, 2024 to July 1, 2025; and 3 6. Auto Physical Damage insurance with Hanover Insurance Company, in the amount of $28,179, for the period of July 1, 2024 to July 1, 2025; and 7. Cyber Liability insurance with APIP Core, Boost & BBR, in the amount of $39,763.51, for the period of July 1, 2024 to July 1, 2025; and 8. Crime insurance with Alliant Crime Insurance Program (ACIP), in the amount of $2,422, for the period of July 1, 2024 to July 1, 2025; and 9. Pollution/Environmental Legal Liability insurance with Indian Harbor Insurance Company, in the amount of $11,783.16, for the period of July 1, 2024 to July 1, 2025; and 10. Volunteer Accident insurance with Volunteer Insurance Program (VIP), in the amount of $660, for the period of July 1, 2024 to July 1, 2025; and 11. Deadly Weapons insurance with Alliant Deadly Weapons Response Program (ADWRP), in the amount of $5,555.21, for the period of July 1, 2024 to July 1, 2025; and 12. Unmanned Aircraft (Drone) Coverage with California Aircraft Municipal Program (CAMP), in the amount of $1,224.26, for the period of July 1, 2024 to July 1, 2025. 7. Adopt Amended Alert and Warning Program rogram as Support Plan to Emergency perations Plan Recommendation: That the City Council adopt and promulgate the amended alert and warning program as a support plan to the City of Temecula Emergency Operations Plan. 8. Adopt Resolution Declaring an Emergency Condition for the Repair and Replacement of Storm Drain Along Ynez Road, and Declaring that Public Interest and Necessity Requires Work to be Performed Without Competitive Bidding Pursuant to Public Contract Code Sections 1102, 20168 and 22050 Recommendation: That the City Council adopt by four votes a resolution entitled: RESOLUTION NO. 2024-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DECLARING AN EMERGENCY CONDITION FOR THE REPAIR AND REPLACEMENT OF STORM DRAIN ALONG YNEZ ROAD AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES CERTAIN WORK TO BE PERFORMED WITHOUT COMPETITIVE BIDDING PURSUANT TO PUBLIC CONTRACT CODE SECTIONS 1102, 20168 AND 22050 9. Adopt Resolution to Approve Funds Transfer Agreement with California Department of Transportation (Caltrans) for Allocation of Priority Legislative Budget Project Funds Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2024-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE THE FUNDS TRANSFER AGREEMENT (FTA) BETWEEN THE CITY OF TEMECULA AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR ALLOCATION OF PRIORITY LEGISLATIVE BUDGET PROJECT (PLBP) FUNDS AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ALL PERTINENT SUPPLEMENTAL AGREEMENTS, AMENDMENTS, OR DOCUMENTS FOR STATE -FUNDED PROJECTS 10. Approve Agreement with Esgil, LLC for Plan Review Services for Fiscal Years 2025-2027 Recommendation: That the City Council approve the agreement with Esgil, LLC for plan review services for fiscal years 2025-2027, for a total agreement amount not to exceed $2,000,000. 11. Award Construction Contract to Onyx Paving Company, Inc. for the Pavement Rehabilitation Program - Citywide, Pechanga Parkway, Butterfield Stage Road, and Patricia H. Birdsall Sports Park Parking Lot Project, PW23-19 Recommendation: That the City Council: 1. Award a Construction Contract to Onyx Paving Company, Inc., in the amount of $3,773,000 for the Pavement Rehabilitation Program - Citywide, Pechanga Parkway, Butterfield Stage Road, and Patricia H. Birdsall Sports Park Parking Lot Project, PW23-19; and 2. Authorize the City Manager to approve construction change orders up to $377,300, which is equal to 10% of the Contract amount; and 3. Make a finding that the Pavement Rehabilitation Program - Citywide, Pechanga Parkway, Butterfield Stage Road, and Patricia H. Birdsall Sports Park Parking Lot Project, PW23-19 is exempt from Multiple Species Habitat Conservation Plan fees. 12. Approve Minor Maintenance Agreement with Interstate Striping, Inc., for Citywide Repainting of Traffic Striping for Fiscal Years 2024-2029 Recommendation: That the City Council approve a minor maintenance agreement with Interstate Striping, Inc., for citywide repainting of traffic striping for fiscal years 2024-2029, in the amount of $2,750,000. 13. Approve Minor Maintenance Agreement with Pattie Patrick dba Joncowest for Janitorial Services for Park Restrooms for Fiscal Years 2024-2029 Recommendation: That the City Council approve the minor maintenance agreement with Pattie Patrick dba Joncowest for janitorial services for park restrooms for fiscal years 2024-2029, in the amount of $850,000. 14. Approve Third Amendment to the Minor Maintenance Agreement with Mariposa Tree Management, Inc., for Citywide Tree Trimming Maintenance Services for Fiscal Year 2024-2025 Recommendation: That the City Council approve the third amendment to the minor maintenance agreement with Mariposa Tree Management, Inc. for citywide tree trimming maintenance services for fiscal year 2024-2025, in the amount of $700,000. 15. Approve Deed Restriction for Prop 68 Grant Funding, Dog Park Renovation at Michael "Mike" Naggar Community, Project No. PW21-14 Recommendation: That the City Council: 1. Approve a Deed Restriction for the Dog Park Renovations at Michael "Mike" Naggar Community Park, PW21-14; and 2. Authorize the City Manager to execute and record the deed restriction for the Dog Park Renovations at Michael "Mike" Naggar Community Park, PW21-14 16. Accept Dedications of Certain Streets for Public Use and Accept Certain Portions into the City -Maintained Street System Recommendation: That the City Council adopt the following resolutions entitled: RESOLUTION NO. 2024-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING DEDICATIONS OF PORTIONS OF CALLE MEDUSA FROM NICOLAS ROAD TO ENFIELD LANE FOR PUBLIC USE AND ACCEPTING SAID PORTIONS INTO THE CITY -MAINTAINED STREET SYSTEM RESOLUTION NO. 2024-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING DEDICATIONS OF PORTIONS OF GREEN TREE ROAD FROM PAUBA ROAD TO DEODAR LANE FOR PUBLIC USE AND ACCEPTING SAID PORTIONS INTO THE CITY -MAINTAINED STREET SYSTEM 6 RESOLUTION NO. 2024-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING DEDICATIONS OF PORTIONS OF ORMSBY ROAD FROM SANTIAGO ROAD TO ESTERO ROAD FOR PUBLIC USE AND ACCEPTING SAID PORTIONS INTO THE CITY -MAINTAINED STREET SYSTEM RESOLUTION NO. 2024-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING DEDICATION OF PORTIONS OF VIA EL DELORA FROM ORMSBY ROAD TO END OF THE VIA EL DELORA CUL-DE-SAC FOR PUBLIC USE AND ACCEPTING SAID PORTIONS INTO THE CITY -MAINTAINED STREET SYSTEM Approved the Staff Recommendation (3-1): Motion by Kalfus, Second by Alexander. The vote reflected unanimous approval with Schwank opposing. 17. Accept Improvements and File the Notice of Completion for the Margarita Recreation Center, PW17-21 Recommendation: That the City Council: 1. Accept the construction of the Margarita Recreation Center, PW17-21, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed. 18. Accept Improvements and File the Notice of Completion for the Citywide Concrete Repairs for Fiscal Year 2022-23, PW23-17 Recommendation: That the City Council: 1. Accept the construction of the citywide concrete repairs for fiscal year 2022-23, PW23-17, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed. 7 19. Accept Improvements and File the Notice of Completion for the Mary Phillips Senior Center Outdoor Recreational Area, PW22-08 Recommendation That the City Council: 1. Accept the construction of the Mary Phillips Senior Center Outdoor Recreational Area, PW22-08, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. 20. Receive and File Temporary Street Closures for 2024 Summerfest Events Recommendation: That the City Council receive and file the temporary closure of certain streets for the following 2024 Summerfest Events: TEMECULA SUNSET MARKET / SUMMER CONCERT SERIES / 4TH OF JULY PARADE / 4TH OF JULY FIREWORKS SHOW / NATIONAL NIGHT OUT RECESS: At 6:45 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:02 PM the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 24. Adopt Resolution to Approve the Solid Waste and Recycling Rates for Commercial Customers for Fiscal Year 2024-25 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2024-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE THE SOLID WASTE AND RECYCLING RATES FOR COMMERCIAL CUSTOMERS FOR FISCAL YEAR 2024-25 Approved the Staff Recommendation (4-0): Motion by Alexander, Second by Kalfus. The vote reflected unanimous approval. 25. Adopt Resolution Reconfirming Automatic Annual Fee Adjustment in the Western Riverside County Multiple Species Habitat Conservation Plan Local Development Mitigation Fee Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2024-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONFIRMING THE AUTOMATIC ANNUAL FEE ADJUSTMENT IN THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN LOCAL DEVELOPMENT MITIGATION FEE APPLICABLE TO ALL DEVELOPMENTS IN THE PLAN AREA PURSUANT TO TEMECULA MUNICIPAL CODE SECTION 15.10.050.1) AND MAKING CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS (LR24-0185) Approved the Staff Recommendation (4-0): Motion by Alexander, Second by Kalfus. The vote reflected unanimous approval. DEPARTMENTAL REPORTS (RECEIVE AND FILE) 26. City Council Travel/Conference Report ITEMS FOR FUTURE CITY COUNCIL AGENDAS CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 7:10 PM, the City Council meeting was formally adjourned to Tuesday, June 25, 2024, at 5:00 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. James Stewart, Mayor ATTEST: Randi Johl, City Clerk [SEAL] 9 Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: July 9, 2024 SUBJECT: Approve List of Demands PREPARED BY: Tricia Hawk, Finance Manager RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: 1. Resolution 2. List of Demands RESOLUTION NO.2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $14,557,129.01. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of July, 2024. James Stewart, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of July, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 5/26/2024 - 6/21/2024 TOTAL CHECK RUN: 6/6/2024 TOTAL PAYROLL RUN: 6/13/2024 TOTAL PAYROLL RUN: 6/20/2024 TOTAL PAYROLL RUN: 12,593,179.98 894,217.95 108,846.10 960,884.98 TOTAL LIST OF DEMANDS FOR 7/9/2024 COUNCIL MEETING: $ 14,557,129.01 Check # Check Date Vendor # Vendor Name 302250 5/30/2024 1288 2 HOT UNIFORMS INC 302356 6/13/2024 1288 2 HOT UNIFORMS INC 602756 6/13/2024 2238 79 FIELD HOCKEY INC 602618 5/30/2024 3624 ACE CAPITAL ENGINEERING 302357 6/13/2024 1206 AFLAC PREMIUM HOLDING C O BNB BANK LOCKBOX 602670 6/6/2024 3387 AGUILERA EMMANUEL 602619 5/30/2024 1943 AIR EXCHANGE INC 602619 5/30/2024 1943 AIR EXCHANGE INC 602844 6/20/2024 1943 AIR EXCHANGE INC 602844 6/20/2024 1943 AIR EXCHANGE INC 602844 6/20/2024 1943 AIR EXCHANGE INC 16349 6/7/2024 3703 AIRTABLE 16672 6/7/2024 1278 ALBERTSONS GROCERY STORE 16587 5/7/2024 3780 ALHAMBRA FLORIST ON MAIN 16650 6/7/2024 3780 ALHAMBRA FLORIST ON MAIN 16585 5/7/2024 3805 ALL ABOUT PINS 302251 5/30/2024 1236 ALL AMERICAN ASPHALT 302360 6/13/2024 1236 ALL AMERICAN ASPHALT 302360 6/13/2024 1236 ALL AMERICAN ASPHALT 602620 5/30/2024 1512 ALLEGRO MUSICAL VENTURES INC 602671 6/6/2024 1512 ALLEGRO MUSICAL VENTURES INC 602757 6/13/2024 1512 ALLEGRO MUSICAL VENTURES INC 602845 6/20/2024 1512 ALLEGRO MUSICAL VENTURES INC 602758 6/13/2024 1609 ALLIED TRAFFIC AND EQUIPMENT RENTALS INC 602621 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602621 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602621 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602621 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602621 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602621 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602621 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602621 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602621 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602621 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602622 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602622 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602622 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602622 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602622 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602622 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602622 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602622 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602622 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602622 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602623 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602623 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602623 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602623 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602623 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602623 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602623 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602623 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602623 5/30/2024 1418 AMAZON CAPITAL SERVICES INC 602672 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602672 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602672 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602672 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602672 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602672 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602672 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602672 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602672 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602672 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602673 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602673 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602673 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602673 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602673 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602673 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602673 6/6/2024 1418 AMAZON CAPITAL SERVICES INC Invoice Description Payment Type Invoice Net 7936 UNIFORMS: TCC: FIRE Printed Check 347.46 8011 UNIFORMS: TCC: FIRE Printed Check 294.16 3110.103 TCSD INSTRUCTOR EARNINGS EFT Posted 882.00 Temecula.02 ADA TRANSITION PLAN IMPLEMENTATION EFT Posted 178,365.91 Ben350204 AFLAC ACCIDENT INDEMNITY PAYMENT Printed Check 3,345.07 2024001 PHOTOGRAPHY SVCS: TCSD EFT Posted 135.00 91612080 PLYMOVENT SVCS: FIRE STATIONS EFT Posted 1,669.27 91612147 PLYMOVENT SVCS: FIRE STATIONS EFT Posted 15.59 91612121 PLYMOVENT SVCS: FIRE STATIONS EFT Posted 3,716.16 91612148 PLYMOVENT SVCS: FIRE STATIONS EFT Posted 2,784.66 91612135 PLYMOVENT SVCS: FIRE STATIONS EFT Posted 2,026.23 3691 SUBSCRIPTION: ECO DEV Wire 120.00 1095 REFRESHMENTS: OPEN HOUSE: CITY CLERK Wire 22.16 6658 FLOWERS: CONDOLENCE: CC Wire 203.48 5667 FLOWERS: CONDOLENCE: HR Wire 206.48 8744 HERO MEDALS & PINS: PUBLIC RECOGNITION: CITY CLERK Wire 1,115.78 1182349 ASPHALT SUPPLIES: STREET MAINTENANCE: PW Printed Check 198.00 1184116 ASPHALT SUPPLIES: STREET MAINTENANCE: PW Printed Check 216.78 1183634 ASPHALT SUPPLIES: STREET MAINTENANCE: PW Printed Check 3,497.75 27509 PIANO SVCS: THEATER: TCSD EFT Posted 280.00 27488 PIANO TUNINGS SVC: LIBRARY: TCSD EFT Posted 1,188.63 27536 PIANO TUNINGS: TPL EFT Posted 280.00 27538 PIANO SVCS:THEATER:TCSD EFT Posted 422.75 92993 LIGHT TOWER RENTALS: TCSD EFT Posted 200.00 1937-LQ7C-FNLQ OFFICE SUPPLIES: FIRE EFT Posted 147.16 1TG4-PNQK-KJW6 MISC SUPPLIES: ECON DEV EFT Posted 152.40 11 PK-9JJW-V9Q4 SUPPLIES: MPSC & MRC: TCSD EFT Posted 825.65 1YG7-16Y6J44R MISC SUPPLIES: CRC: TCSD EFT Posted 388.35 1JNV-H4DX-QMRH MISC BOOKS: RHRTPL: TCSD EFT Posted 421.62 1X46-QGT9-9XXX MISC SUPPLIES: ECON DEV EFT Posted 191.39 1RLM-FNIYJWLG MISC BOOKS: RHRTPL: TCSD EFT Posted 694.57 1P7C-T4N7-TWFH MISC SUPPLIES: CRC: TCSD EFT Posted 232.86 1XN6-VNF9-7HT4 MISC SUPPLIES: AQUATICS: TCSD EFT Posted 1,152.70 1GVH-VHWM-1G7D MISC SUPPLIES: COMM DEV EFT Posted 254.18 16D9-YY1JJCLH SUPPLIES: MPSC & MRC: TCSD EFT Posted (124.78) lYLM-OHI4-CKCW MISC SUPPLIES: FINANCE EFT Posted 115.74 14FQ-NMTV-H4HJ MISC SUPPLIES: ECON DEV EFT Posted 47.19 1 NTK-MXPL-LXFK MISC BOOKS: RHRTPL: TCSD EFT Posted 78.25 1JNV-H4DX-DP4M MISC SUPPLIES: COMM DEV EFT Posted (45.66) 1QJG-KGPN-RC1T MISC SUPPLIES: CITY CLERK EFT Posted 84.76 1M39-FNMF-DRQK MISC BOOKS: RHRTPL: TCSD EFT Posted 71.44 139Q-TLVK-3TMG MISC SPORTING EQUIP: TCSD EFT Posted 91.64 1TG4-PNQK-W1HT MISC BOOKS: RHRTPL: TCSD EFT Posted 74.24 1334-014RJJVH MISC SUPPLIES: ECON DEV EFT Posted 96.79 1 MDD-WN3N-C4XY MISC SUPPLIES: COMM DEV EFT Posted 28.59 1C9G-9RFD-N3FV MISC SUPPLIES: ITSS EFT Posted 14.01 1TP9-6GQ1-VLGL MISC BOOKS: RHRTPL: TCSD EFT Posted 39.67 1MOX-07ND-JRTL MISC OFC SUPPLIES: CODE ENFORCEMENT EFT Posted 21.21 1F3G-DDTWJ3KV OFFICE SUPPLIES: CODE ENFORCEMENT EFT Posted (15.64) 1663-QRCI-HLLG OFFICE SUPPLIES: CODE ENFORCEMENT EFT Posted (7.82) 1VMH-RVRJ-HGFD MISC SUPPLIES: ECON DEV EFT Posted 27.18 1QCCJPVF-DQPC MISC BOOKS: RHRTPL: TCSD EFT Posted (1.19) 19WM-WY7C-HYVM OFFICE SUPPLIES: CODE ENFORCEMENT EFT Posted (15.64) 14FQ-NMTV-FR9G MISC SUPPLIES: CRC EFT Posted 1,514.49 1JNY-Q3JG-DVPQ MISC SUPPLIES: CRC: TCSD EFT Posted 1,209.74 1 NWK-KTGP-1 9R4 MISC BOOKS: RHRTPL: TCSD EFT Posted 783.25 1M39-FNMF-VFVL MISC SUPPLIES: CRC: TCSD EFT Posted 1,694.16 1 NJ4-LKK3-133L MISC BOOKS: RHRTPL: TCSD EFT Posted 955.54 1Y4P-6RC7-19CV MISC SPORTING EQUIP: TCSD EFT Posted 3,711.74 14PH-9KFW-T9PJ REFRESHMENT SUPPLIES: CITY HALL & FOC: PW EFT Posted 239.37 1CKF-TMHK-H7NL MISC SUPPLIES: AQUATICS: TCSD EFT Posted 1,546.29 1FMH-X3RJ-1MJN MISC BOOKS: RHRTPL: TCSD EFT Posted 337.88 1LMN-QPXX-1XV4 MISC SUPPLIES: CRC: TCSD EFT Posted 376.67 1R7C-LJ36-NPV9 MISC SUPPLIES: ITSS EFT Posted 42.29 1 DH4-WQ6K-X64G SMALL TOOLS/EQUIPMENT: CIP: PW EFT Posted 107.65 1J13-M943-466F MISC SUPPLIES: AQUATICS: TCSD EFT Posted 110.76 1 RN3-6T7K-H64X MISC SUPPLIES: ECON DEV EFT Posted (42.38) 1X3N-1QMX-7CDG MISC SUPPLIES: CRC: TCSD EFT Posted 21.20 1XXN-KN9Y-6YGM MISC SUPPLIES: COMM DEV EFT Posted 138.12 1RJH-TXLY-9XFD SUPPLIES: MPSC & MRC: TCSD EFT Posted 173.29 Check # Check Date Vendor # Vendor Name 602673 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602673 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602673 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602674 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602674 6/6/2024 1418 AMAZON CAPITAL SERVICES INC 602759 6/13/2024 1418 AMAZON CAPITAL SERVICES INC 602759 6/13/2024 1418 AMAZON CAPITAL SERVICES INC 602759 6/13/2024 1418 AMAZON CAPITAL SERVICES INC 602759 6/13/2024 1418 AMAZON CAPITAL SERVICES INC 602759 6/13/2024 1418 AMAZON CAPITAL SERVICES INC 602759 6/13/2024 1418 AMAZON CAPITAL SERVICES INC 602759 6/13/2024 1418 AMAZON CAPITAL SERVICES INC 602759 6/13/2024 1418 AMAZON CAPITAL SERVICES INC 602759 6/13/2024 1418 AMAZON CAPITAL SERVICES INC 602759 6/13/2024 1418 AMAZON CAPITAL SERVICES INC 602760 6/13/2024 1418 AMAZON CAPITAL SERVICES INC 602760 6/13/2024 1418 AMAZON CAPITAL SERVICES INC 602760 6/13/2024 1418 AMAZON CAPITAL SERVICES INC 602760 6/13/2024 1418 AMAZON CAPITAL SERVICES INC 602760 6/13/2024 1418 AMAZON CAPITAL SERVICES INC 602760 6/13/2024 1418 AMAZON CAPITAL SERVICES INC 602760 6/13/2024 1418 AMAZON CAPITAL SERVICES INC 602760 6/13/2024 1418 AMAZON CAPITAL SERVICES INC 602846 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602846 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602846 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602846 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602846 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602846 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602846 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602846 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602846 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602846 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602847 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602847 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602847 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602847 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602847 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602847 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602847 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602847 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602847 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602847 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602848 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602848 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602848 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602848 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602848 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602848 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602848 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602848 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602848 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602848 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602849 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602849 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602849 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602849 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602849 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602849 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602849 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602849 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602849 6/20/2024 1418 AMAZON CAPITAL SERVICES INC 602675 6/6/2024 1277 AMERICAN BATTERY CORPORATION 602850 6/20/2024 1277 AMERICAN BATTERY CORPORATION 602624 5/30/2024 1261 AMERICAN FORENSIC NURSES INC 602676 6/6/2024 1080 AMERICAN NATIONAL RED CROSS AND ITS CONSTITUENT 602761 6/13/2024 1080 AMERICAN NATIONAL RED CROSS AND ITS CONSTITUENT 302361 6/13/2024 1122 AMERIGAS 302399 6/20/2024 2387 APPLE TIMOTHY R 16347 6/7/2024 1766 APPLE.COM Invoice Description Payment Type Invoice Net 1MDD-H7WY-GJKL MISC SUPPLIES: CALRECYCLE SB1383 GRANT: PW EFT Posted 234.56 1NKQ-9XGF-DJXD SUPPLIES: MPSC & MRC: TCSD EFT Posted 208.78 1 WNJ-3P76-CMFH MISC OFFICE SUPPLIES: NPDES: PW EFT Posted 42.95 1C9V-7GTJ-76M3 MISC SUPPLIES: CRC: TCSD EFT Posted 5.63 1CJW-CXQ4-HVRT MISC BOOKS: RHRTPL: TCSD EFT Posted 20.65 1RDC-MLYN-JJ31N MISC SUPPLIES: ITSS EFT Posted 98.94 16RV-GDFT-FJ9J MISC SUPPLIES: TVM EFT Posted 178.32 1CTG-RGM4-3X4G MISC SUPPLIES: CRC: TCSD EFT Posted 486.00 1 F3G-DDTW-7FWG MISC SPORTING EQUIP: TCSD EFT Posted 3,050.59 1JKM-K9RI-KFV3 MISC SUPPLIES: TVM: TCSD EFT Posted 342.78 1 DW4-KQMC-7T94 MISC SUPPLIES: AQUATICS: TCSD EFT Posted 319.29 1CLV-YRIG-31WV MISC SUPPLIES: CRC: TCSD EFT Posted 140.85 1QFC-IHCJ-WT67 MISC SUPPLIES: TVM: TCSD EFT Posted 1,739.99 17PF-KYWW-WV3R MISC SUPPLIES: AQUATICS: TCSD EFT Posted 185.69 1QDW-MDKM-9Y3C MISC BOOKS: RHRTPL: TCSD EFT Posted 173.05 1MY6-CNV1-3FQN SUPPLIES, TOOLS, EQUIP: HR EFT Posted 13.00 1 KMG-PHQT-7GPT MISC BOOKS: RHRTPL: TCSD EFT Posted 20.65 1 DVR-FPDJ-7KLX MISC SUPPLIES: TVM: TCSD EFT Posted 29.32 1QVF-F6N6-733M SUPPLIES, TOOLS, EQUIP: HR EFT Posted 23.90 1CKC-Q9K9-CT9V MISC BOOKS: RHRTPL: TCSD EFT Posted 65.22 1 WXQ-CYMV-PJJD MISC BOOKS: RHRTPL: TCSD EFT Posted 21.74 11RJ-QFPF-7RJK OFFICE SUPPLIES: CODE ENFORCEMENT EFT Posted 11.27 1 KF7-QYM7-Q3GN MISC SUPPLIES: CRC: TCSD EFT Posted 19.56 1TRP-IDMY-4DGF MISC SPORTING EQUIP: TCSD EFT Posted 2,141.17 1 R43-MJ7H-VGWR MISC SUPPLIES: CERT TEAM: EM EFT Posted 1,346.42 1GRQ-N449-D1PP MISC SUPPLIES: TCC: TCSD EFT Posted 1,972.67 1VHJ-D4PQ-VT7D MISC SUPPLIES: CITY CLERK EFT Posted 1,403.92 1 RTG-QPWC-47V3 MISC SUPPLIES: AQUATICS: TCSD EFT Posted 873.46 1Y39-PJPL-GYPX MISC SUPPLIES: CERT TEAM: EM EFT Posted 1,130.67 11 DP-RN6X-99RC SUPPLIES: MPSC & MRC: TCSD EFT Posted 814.44 1 LKV-YDCM-9WVC MISC SUPPLIES: TVM: TCSD EFT Posted 2,223.11 1KHT-HYV9-CD1G MISC SPORTING EQUIP: TCSD EFT Posted 1,391.96 11WX-WXM1-XQNK MISC SPORTING EQUIP: TCSD EFT Posted 9,345.15 197Q-LQK4-CPWV SUPPLIES: MPSC & MRC: TCSD EFT Posted 635.58 1 H9M-XCYG-C769 MISC SUPPLIES: TVM: TCSD EFT Posted 685.14 11 WV-KRCG-CCH6 SUPPLIES: MPSC & MRC: TCSD EFT Posted 286.67 1C11-CYW7-H6N4 MISC SUPPLIES: SUPPORT SVCS EFT Posted 473.55 1 H9M-XCYG-CK33 MISC SUPPLIES: SPEC EVENTS: TCSD EFT Posted 788.78 1YHF-FH7M-NKTJ MISC SUPPLIES: WORKFORCE DEV EFT Posted 417.92 1 KHG-LYCY-7HQL SMALL TOOLS & EQUIPMENT: FIRE EFT Posted 585.75 1DRH-G7NF-P3HY MISC SUPPLIES: TVM: TCSD EFT Posted 284.39 13KC-X3VN-L344 MISC SUPPLIES: ITSS EFT Posted 730.26 1GWP-CPFM-HDR4 MISC SUPPLIES: CERT TEAM: EM EFT Posted 652.74 1GWP-CPFM-VX6W MISC SUPPLIES: EXPLORER POST: FIRE EFT Posted 195.30 1K4F-MVJ3-TL1V MISC SUPPLIES: CRC: TCSD EFT Posted (156.48) 1XDJ-TYCQ-CGM7 MISC SUPPLIES: CRC: TCSD EFT Posted 194.16 11 RJ-QFPF-1 CM3 MISC SUPPLIES: CERT TEAM: EM EFT Posted 247.07 14KL-1 FN9-PCF9 ENGINE WASHING AND DETAIL SUPPLIES: FIRE STATIONS EFT Posted 171.53 14KL-1 FN9-CGYP MISC SUPPLIES: INFO TECH EFT Posted 97.86 1VND-FCXM-7KYH MISC SUPPLIES: TVM: TCSD EFT Posted 165.90 1VHJ-D4PQ-LPL9 MISC SUPPLIES: CITY CLERK EFT Posted 158.78 1799-RJ3G-DJPF MISC SUPPLIES: COM DEV EFT Posted 135.87 14KL-1 FN9-7QN7 OFFICE SUPPLIES: FIRE EFT Posted 92.97 1 LKF-FN3X-97VK MISC BOOKS: RHRTPL: TCSD EFT Posted (2.48) 1XQX-T4VG-TR79 MISC BOOKS: RHRTPL: TCSD EFT Posted (27.19) 1J6R-YTKX-7HQN MISC SUPPLIES: CERT TEAM: EM EFT Posted 65.23 1K34-1RNC-1YY6 SUPPLIES: MPSC & MRC: TCSD EFT Posted 28.60 19H6-6HL7-C644 MISC BOOKS: RHRTPL: TCSD EFT Posted (2.22) 1 RFH-YDWN-3J7N OFFICE SUPPLIES: FIRE EFT Posted 85.20 1PQ4-MK7K-4KND SMALL TOOLS & EQUIPMENT: FIRE EFT Posted 14.79 1GQ9-VLFX-HF7N MISC SUPPLIES: CITY CLERK EFT Posted 67.39 1DLD-QHCF-7JD9 MISC SUPPLIES: TVM EFT Posted 31.52 T 101837 BATTERIES: FACILITY MAINT: PW EFT Posted 2,301.72 T 101928 BATTERIES: FACILITY MAINT: PW EFT Posted 268.79 78715 DRUG ALCOHOL ANALYSIS: PD EFT Posted 843.18 22687452 STAFF/LIFEGUARDS CERTS: AQUATICS EFT Posted 4,226.80 29017454 STAFF/LIFEGUARDS CERTS: AQUATICS EFT Posted 1,507.74 3162720865 PROPANE: FIRE STATIONS Printed Check 168.75 Ck Req 06/11/24 PERFORMING ARTS AGREEMENT 6-7-2024 Printed Check 400.00 7199 PHONE CASE: SOCIAL MEDIA PHONE: ECO DEV Wire 54.32 Check # Check Date Vendor # Vendor Name 16348 6/7/2024 1766 APPLE.COM 16508 6/7/2024 1766 APPLE.COM 16649 6/7/2024 1766 APPLE.COM 16775 6/7/2024 3488 APWA PWX 602625 5/30/2024 1805 AQUA CHILL OF SAN DIEGO 602677 6/6/2024 1805 AQUA CHILL OF SAN DIEGO 602677 6/6/2024 1805 AQUA CHILL OF SAN DIEGO 602677 6/6/2024 1805 AQUA CHILL OF SAN DIEGO 602677 6/6/2024 1805 AQUA CHILL OF SAN DIEGO 602762 6/13/2024 1805 AQUA CHILL OF SAN DIEGO 602851 6/20/2024 1805 AQUA CHILL OF SAN DIEGO 602851 6/20/2024 1805 AQUA CHILL OF SAN DIEGO 602851 6/20/2024 1805 AQUA CHILL OF SAN DIEGO 602763 6/13/2024 1293 AQUA SOURCE INC 302252 5/30/2024 1289 AQUARIUM OF THE PACIFIC 302362 6/13/2024 2777 ARAMARK SERVICES INC 302362 6/13/2024 2777 ARAMARK SERVICES INC 602678 6/6/2024 2917 ARJONA GLORIA 302306 6/5/2024 2442 ASCENT ENVIRONMENTAL INC 302306 6/5/2024 2442 ASCENT ENVIRONMENTAL INC 16756 6/7/2024 3821 ASSOCIATION OF PUBLIC TREASURERS OF 302253 5/30/2024 2242 AT&T 602764 6/13/2024 2381 AYERS WILLIAM BRIAN 602764 6/13/2024 2381 AYERS WILLIAM BRIAN 602852 6/20/2024 2381 AYERS WILLIAM BRIAN 602852 6/20/2024 2381 AYERS WILLIAM BRIAN 602853 6/20/2024 2073 AZTEC LANDSCAPING INC 602679 6/6/2024 1405 B&H FOTO & ELECTRONICS CORP 602679 6/6/2024 1405 B&H FOTO & ELECTRONICS CORP 302254 5/30/2024 1909 BAMM PROMOTIONAL PRODUCTS INC 302310 6/5/2024 1909 BAMM PROMOTIONAL PRODUCTS INC 302363 6/13/2024 1909 BAMM PROMOTIONAL PRODUCTS INC 302363 6/13/2024 1909 BAMM PROMOTIONAL PRODUCTS INC 302363 6/13/2024 1909 BAMM PROMOTIONAL PRODUCTS INC 302363 6/13/2024 1909 BAMM PROMOTIONAL PRODUCTS INC 302363 6/13/2024 1909 BAMM PROMOTIONAL PRODUCTS INC 302401 6/20/2024 1909 BAMM PROMOTIONAL PRODUCTS INC 16737 6/7/2024 3675 BART 602626 5/30/2024 3421 BEADOR CONSTRUCTION COMPANY INC 602854 6/20/2024 3421 BEADOR CONSTRUCTION COMPANY INC 602627 5/30/2024 3122 BEARD RYAN 602627 5/30/2024 3122 BEARD RYAN 602855 6/20/2024 3122 BEARD RYAN 302364 6/13/2024 2935 BETTS KENNETH 602765 6/13/2024 1980 BGP RECREATION INC 302365 6/13/2024 1095 BIG EAR AUDIO LLC 302311 6/5/2024 1264 BID TOX LABORATORIES 302311 6/5/2024 1264 BID TOX LABORATORIES 302311 6/5/2024 1264 BID TOX LABORATORIES 302255 5/30/2024 1355 BIRTH CHOICE CENTERS INC 16676 6/4/2024 3838 BLUE TO GOLD LLC 602628 5/30/2024 1101 BLUETRITON BRANDS INC 602766 6/13/2024 1101 BLUETRITON BRANDS INC 602766 6/13/2024 1101 BLUETRITON BRANDS INC 602856 6/20/2024 1101 BLUETRITON BRANDS INC 602856 6/20/2024 1101 BLUETRITON BRANDS INC 602629 5/30/2024 2047 BOB CALLAHANS POOL SERVICE 302366 6/13/2024 1631 BONCOR WATER SYSTEMS LLC 302402 6/20/2024 1181 BOYS AND GIRLS CLUB OF SOUTHWEST COUNTY 602680 6/6/2024 2612 BRANDASSASSINS 602630 5/30/2024 2415 BRAUN PETER 602630 5/30/2024 2415 BRAUN PETER 602631 5/30/2024 2541 BRIGHTON HILL ACADEMY SPORTS AND LEARNING CENTER 602767 6/13/2024 2541 BRIGHTON HILL ACADEMY SPORTS AND LEARNING CENTER 16623 5/29/2024 3825 BROADWAY MEDIA 602768 6/13/2024 1634 BRODART CO 602768 6/13/2024 1634 BRODART CO 602768 6/13/2024 1634 BRODART CO 602768 6/13/2024 1634 BRODART CO 602768 6/13/2024 1634 BRODART CO Invoice Description Payment Type Invoice Net 5683 ADD'L PHONE STORAGE: SOCIAL MEDIA: ECON DEV Wire 9.99 9791 ADD'L PHONE STORAGE: SOCIAL MEDIA: ECON DEV Wire 9.99 4855 ADD'L PHONE STORAGE: SOCIAL MEDIA: ECON DEV Wire 9.99 7885 REGISTRATION: APRIL MTG Wire 30.00 20076974 DRINKING WATER SYSTEM MAINT: TPL EFT Posted 28.55 20077388 DRINKING WATER SYSTEM MAINT: THEATER EFT Posted 28.55 20077391 DRINKING WATER SYSTEM MAINT: CIVIC CTR EFT Posted 213.97 20077386 DRINKING WATER SYSTEM MAINT: CRC EFT Posted 28.55 20077396 DRINKING WATER SYSTEM MAINT: TVM EFT Posted 28.55 20076912 DRINKING WATER SYSTEM MAINT: TCC EFT Posted 28.55 20077810 DRINKING WATER SYSTEM MAINT: ITSS EFT Posted 28.55 20077801 DRINKING WATER SYS MAINT: AULD: PD EFT Posted 62.53 20077809 DRINKING WATER SYSTEM MAINTENANCE: MALL: PD EFT Posted 62.53 404586 POOL TEST REAGENTS: TCSD EFT Posted 2,998.49 05/14/24 SUMMER DAY CAMP EXCURSION: AQUARIUM: TCSD Printed Check 3,468.50 106034338 BEVERAGE SERVICES: FACILITIES Printed Check 608.63 93060448 BEVERAGE SERVICES: FACILITIES: PW Printed Check 116.56 Perf: 05/18/24 STTLMNT: BRAZILIAN & LATIN JAZZ 05117 EFT Posted 443.81 20220121.01 - 8 CEQA ADV SVCS FY 23-24: COMM DEV Printed Check 180.00 20210169.02 - 21 PA22-0105 TEMECULA VALLEY HOSPITAL MASTER PLAN Printed Check 162.50 3290 REGISTRATION: TRAINING: FINANCE Wire 138.00 507497 LOCATION/ACTIVATION FEES: POLICE Printed Check 625.00 3002 ELECTRICAL REPAIRS: VARI FACILITIES: PW EFT Posted 500.00 3010 ELECTRICAL SVCS: PW- CIP, PW22-18, ON -CALL EFT Posted 11,768.97 2994 ELECTRICAL REPAIRS: VARI FACILITIES: PW EFT Posted 1,200.00 2996 ELECTRICAL SVCS: FRIENDSHIP PARK: PW EFT Posted 1,600.00 J1777 MAY RESTROOM MAINT: PARKS: PW EFT Posted 9,580.39 224173202 SPEAKER: CRC MULITIPURPOSE ROOM EFT Posted 1,681.35 224168038 SPEAKER: CRC MULITIPURPOSE ROOM EFT Posted 4,218.97 12729 STAFF UNIFORMS: PW STREET MAINTENANCE Printed Check 10.88 12735 STAFF UNIFORMS: CAL RECYCLE PROGRAM: PW Printed Check 170.50 12736e STAFF APPAREL: PW Printed Check 398.02 12736b STAFF APPAREL: PW Printed Check 300.00 12746 STAFF UNIFORMS: TCSD Printed Check 3,614.85 12747 UNIFORMS: TCC: TCSD Printed Check 541.92 12736a STAFF APPAREL: PW Printed Check 200.00 12757 STAFF UNIFORMS: TCSD Printed Check 1,215.35 9613 TRANSPORTATION: CAL CITIES CITY LEADERS SUMMIT: CC Wire 2.50 02 I-15 CONGESTION RELIEF EFT Posted 555,046.45 03 I-15 CONGESTION RELIEF EFT Posted 650,007.50 2200.102 - 2210.102 TCSD INSTRUCTOR EARNINGS EFT Posted 16,005.50 2250.102 - 2260.102 TCSD INSTRUCTOR EARNINGS EFT Posted 588.00 2220.201 TCSD INSTRUCTOR EARNINGS EFT Posted 2,156.00 1900.109-1910.110 TCSD INSTRUCTOR EARNINGS Printed Check 4,233.60 40054010.105 Final TCSD INSTRUCTOR EARNINGS EFT Posted 4,825.80 INV-05300 SOUND EQUIP & SVCS: ROCKTOBER 2024: TCSD Printed Check 3,250.00 45961 PHLEBOTOMY SERVICES: PD Printed Check 570.40 45900 PHLEBOTOMY SERVICES: PD Printed Check 1,585.40 45901 PHLEBOTOMY SERVICES: PD Printed Check 3,269.32 Comm Reinv Pgm 05/21 COMMUNITY REINVESTMENT-TEMECULA GRANT PROGRAM Printed Check 9,888.55 0473 REGISTRATION: TRAINING: PD Wire 1,245.00 14E0028910578 WATER DELIVERY SVCS: PW EFT Posted 273.34 046E6705212167 WATER DELIVERY SVCS: PW EFT Posted 14.02 04E0035623057 WATER DELIVERY SVCS: PW EFT Posted 21.74 04F6702622575 WATER DELIVERY SERVICES AT THE TVE2: COMSP EFT Posted 117.96 04E0036263176 HELP CENTER WATER SERVICE: TCSD EFT Posted 2.60 0191 MAY POOL AND FOUNTAIN MAINTENANCE EFT Posted 2,400.00 789589 05/22/24 WATER FILTER REPLACEMENT: STATION 73 Printed Check 345.20 DGF O6/10/24 DISCRETIONARY GRANT FUNDING: CC Printed Check 1,000.00 22919 MILITARY BANNER PROGRAM: TCSD EFT Posted 528.12 4386 MAY PLANT MAINTENANCE: FACILITIES: PW EFT Posted 500.00 4398 MAY PLANT MAINTENANCE: TPL: PW EFT Posted 200.00 2600.102 TCSD INSTRUCTOR EARNINGS EFT Posted 1,130.50 Comm Reinv Prg 06/05 COMMUNITY REINVESTMENT: TEMECULA GRANT PROGRAM EFT Posted 7,290.11 9121 BACKDROPS: ANASTASIA: THEATER Wire 450.00 B6757412 BOOK COLLECTIONS EFT Posted 133.25 B6757352 BOOK COLLECTIONS EFT Posted 59.75 B6754090 BOOK COLLECTIONS EFT Posted 23.88 B6753842 BOOK COLLECTIONS EFT Posted 15.79 B6779731 BOOK COLLECTIONS EFT Posted 85.80 Check # Check Date Vendor # Vendor Name Invoice Description 6/13/2024 1634 BRODART CO B6789289 BOOK COLLECTIONS 6/13/2024 1634 BRODART CO B6757335 BOOK COLLECTIONS 6/13/2024 1634 BRODART CO B6789852 BOOK COLLECTIONS 6/13/2024 1634 BRODART CO B6757066 BOOK COLLECTIONS 6/13/2024 1634 BRODART CO B6775748 BOOK COLLECTIONS 6/13/2024 1634 BRODART CO B6766855 BOOK COLLECTIONS 6/13/2024 1634 BRODART CO B6766512 BOOK COLLECTIONS 6/20/2024 1634 BRODART CO B6789291 BOOK COLLECTIONS: TCSD 6/20/2024 1634 BRODART CO B6789882 BOOK COLLECTIONS: TCSD 6/20/2024 1634 BRODART CO B6798197 BOOK COLLECTIONS: TCSD 6/20/2024 1634 BRODART CO B6791976 BOOK COLLECTIONS: TCSD 6/6/2024 2622 BROWN JAMAL DEON 2300.105-2310.105 TCSD INSTRUCTOR EARNINGS 6/20/2024 2622 BROWN JAMAL DEON 2320.201 TCSD INSTRUCTOR EARNINGS 6/6/2024 2836 BRYANT ROBERT 1401.107-1405.107 TCSD INSTRUCTOR EARNINGS 6/13/2024 2836 BRYANT ROBERT 1401.108-1405.108 TCSD INSTRUCTOR EARNINGS 6/5/2024 1669 BTAC UNITED ACQUISITION HOLDING COMPANY 2038280364 BOOK COLLECTIONS: RHRTPL TCSD 6/5/2024 1669 BTAC UNITED ACQUISITION HOLDING COMPANY 2038262020 BOOK COLLECTIONS: RHRTPL TCSD 6/20/2024 1669 BTAC UNITED ACQUISITION HOLDING COMPANY 2038292575 BOOK COLLECTIONS: RHRTPL TCSD 6/6/2024 2399 BUCHER BRET PHILLIP 3500.105-3510.110 TCSD INSTRUCTOR EARNINGS 6/13/2024 2399 BUCHER BRET PHILLIP 3511.109 TCSD INSTRUCTOR EARNINGS 4/29/2024 3767 BULLFEATHERS 7515 REFRESHMENTS: DC LOBBYING: CMO 6/7/2024 3846 BURGERS & BREW 8266 REFRESHMENTS: CAL CITIES CITY LEADERS SUMMIT: CC 6/6/2024 3858 BURNS NATALIE Refund Duplicate Pmt REFUND: DUPLICATE ONLINE PMT FOR THEATER 5/7/2024 2109 BUSHFIRE KITCHEN 2890 REFRESHMENTS: CITY COUNCIL MTG 03/26/24 6/7/2024 3848 CAFE IMMORTAL 8928 REFRESHMENTS: CAL CITIES CITY LEADERS SUMMIT: CC 6/20/2024 3157 CAHALAN JASON 3985 FRONT GATE REPAIR: FOC: PW 5/30/2024 1190 CAL MAT 74004567 ASPHALT SUPPLIES: STREET MAINT: PW 6/5/2024 1190 CAL MAT 74011895 ASPHALT SUPPLIES: STREET MAINT: PW 6/20/2024 1190 CAL MAT 74023017 ASPHALT SUPPLIES: STREET MAINT: PW 6/20/2024 1190 CAL MAT 74025309 ASPHALT SUPPLIES: STREET MAINT: PW 5/30/2024 1085 CALIF BUILDING OFFICIALS CALBO 17514 TRAINING: BUILDING 5/9/2024 1573 CALIF DEPT OF CHILD SUPPORT Ben350228 SUPPORT PAYMENT 5/23/2024 1573 CALIF DEPT OF CHILD SUPPORT Ben350249 SUPPORT PAYMENT 5/30/2024 1612 CALIF DEPT OF INDUSTRIAL RELATIONS E 2063831 SB 101969 ELEVATOR INSP: 43200 BUS PRK DR 5/30/2024 1612 CALIF DEPT OF INDUSTRIAL RELATIONS E 2063838 SB 146667 ELEVATOR INSP: FOC: PW 5/30/2024 1612 CALIF DEPT OF INDUSTRIAL RELATIONS E 2063835 SB 128893 ELEVATOR INSP: 43210 BUS PRK DR 5/30/2024 2465 CALIF NEWSPAPERS PARTNERSHIP 589652B LEGAL NEWSPAPER PUBLICATIONS: CITY CLERK 5/30/2024 2465 CALIF NEWSPAPERS PARTNERSHIP 589652A BID ADVERTISING: PW23-19 6/5/2024 2465 CALIF NEWSPAPERS PARTNERSHIP 589652C ADVERTISING PUBLIC NOTICES: PLANNING 4/22/2024 1205 CALIFORNIA ASSOCIATION OF MUSEUMS 6426 REGISTRATION: CONFERENCE: TVM 4/22/2024 1205 CALIFORNIA ASSOCIATION OF MUSEUMS 6384 REGISTRATION: CONFERENCE: TVM 4/22/2024 1205 CALIFORNIA ASSOCIATION OF MUSEUMS 6392 REGISTRATION: CONFERENCE: TVM 6/5/2024 2234 CALIFORNIA MUNICIPAL STATISTICS INC 24052002 REPORT: AOB BOOK: FINANCE 4/22/2024 3394 CALIFORNIA STATE UNIVERSITY SAN MARCOS 0026 REGISTRATION FEE: INTERNSHIP FAIR: TCSD 6/20/2024 3602 CALIFORNIA WATERS DEVELOPMENT INC 3 PW21-07 COMMUNITY RECREATION CENTER SPLASH PAD 6/20/2024 3602 CALIFORNIA WATERS DEVELOPMENT INC 2 PW21-07 COMMUNITY RECREATION CENTER SPLASH PAD 6/7/2024 3483 CAMELLIA COFFEE ROASTERS 7479 REFRESHMENTS: CAL CITIES CITY LEADERS SUMMIT: CC 6/7/2024 1582 CAMPINIS ITALIAN DELI 1162 REFRESHMENTS: CITY COUNCIL MTG 05/14/24 5/30/2024 1332 CANON FINANCIAL SERVICES INC 32593569 11 CANON COPIERS LEASE: TEM PUB LIBRARY 6/13/2024 2295 CANTRELL TINA J 4200.106 TCSD INSTRUCTOR EARNINGS 6/6/2024 3736 CARDIO PARTNERS INC INV3397164 CPR TRAINING MANNIKINS: AQUATICS: TCSD 6/13/2024 3736 CARDIO PARTNERS INC INV3402029 CPR ADULT TRAINING MANNIKINS: AQUATICS: TCSD 5/30/2024 2063 CASC ENGINEERING AND CONSULTING INC 0051173 ENGINEERING SVCS: NPDES CATCH BASIN DEVICE 6/13/2024 2063 CASC ENGINEERING AND CONSULTING INC 0050857 ENVRIONMENTAL REVIEW TTM 38924 (PA22-0047): COMDV 5/30/2024 1280 CDW LLC RJ81328 MISC SMALL TOOLS & EQUIP: IT 6/6/2024 1280 CDW LLC RM44401 MISC SMALL TOOLS & EQUIP: IT 6/6/2024 1280 CDW LLC RL78497 LAPTOP: FIRE STATION 95: IT 6/6/2024 1280 CDW LLC RL78496 CHECKOUT LAPTOPS: IT 6/6/2024 1280 CDW LLC RL87702 MISC SMALL TOOLS & EQUIP: IT 4/22/2024 3818 CHAUVET & SON INC 5934 REPAIRS: LIGHTING: THEATER 5/29/2024 3818 CHAUVET & SON INC 2743 REPAIRS: LIGHTING: THEATER 6/7/2024 1570 CHICK FIL A INC 8845 REFRESHMENTS: CAL CITIES CITY LEADERS SUMMIT: CC 5/30/2024 1942 CHRISTIAN STITCHERY INC COT 93 SUMMER DAY CAMP SWEATSHIRTS: TCSD 5/30/2024 1942 CHRISTIAN STITCHERY INC COT 91 SUMMER DAY CAMP SHIRTS: TCSD 6/13/2024 1942 CHRISTIAN STITCHERY INC COT 99 SCREENPRINTING: SUMMER DAY CAMP: TCSD 6/20/2024 1942 CHRISTIAN STITCHERY INC 14946A STAFF UNIFORMS: SPORTS: TCSD 6/20/2024 1942 CHRISTIAN STITCHERY INC 14946B AWARDS: SPORTS DIVISION:TCSD 6/20/2024 1942 CHRISTIAN STITCHERY INC 14959 SUMMER DAY CAMP TSHIRTS: TCSD 6/13/2024 1347 CINTAS CORPORATION NO 2 8406854295 FIRST AID SERVICES: RM 6/13/2024 1347 CINTAS CORPORATION NO 2 8406854291 FIRST AID SERVICES: RM Payment Type Invoice Net EFT Posted 183.00 EFT Posted 23.69 EFT Posted 1,425.37 EFT Posted 35.67 EFT Posted 79.95 EFT Posted 12.77 EFT Posted 9.07 EFT Posted 48.94 EFT Posted 584.08 EFT Posted 14.94 EFT Posted 25.78 EFT Posted 2,583.00 EFT Posted 105.00 EFT Posted 3,100.30 EFT Posted 3,698.10 Printed Check 165.52 Printed Check 1,700.11 Printed Check 954.13 EFT Posted 2,020.90 EFT Posted 1,820.00 Wire 156.17 Wire 20.89 Wire 44.00 Wire 298.39 Wire 5.88 Printed Check 560.06 Printed Check 420.98 Printed Check 216.96 Printed Check 217.99 Printed Check 216.96 EFT Posted 1,830.00 Wire 475.84 Wire 475.84 Printed Check 225.00 Printed Check 225.00 Printed Check 225.00 Printed Check 2,916.48 Printed Check 958.30 Printed Check 1,426.59 Wire 450.00 Wire 450.00 Wire 450.00 Printed Check 1,100.00 Wire 250.00 EFT Posted 329,023.00 EFT Posted 163,970.00 Wire 18.45 Wire 294.41 Printed Check 671.56 EFT Posted 210.00 EFT Posted 4,632.10 EFT Posted 2,719.54 Printed Check 3,085.00 Printed Check 625.00 EFT Posted 286.10 EFT Posted 707.65 EFT Posted 1,672.74 EFT Posted 3,345.47 EFT Posted 251.44 Wire 76.32 Wire 414.49 Wire 12.33 Printed Check 1,209.30 Printed Check 3,893.79 Printed Check 282.75 Printed Check 94.97 Printed Check 4,562.03 Printed Check 288.41 Printed Check 162.31 Printed Check 53.68 Check # Check Date Vendor # Vendor Name Invoice Description 6/13/2024 1347 CINTAS CORPORATION NO 2 8406854293 FIRST AID SERVICES: RM 6/13/2024 1347 CINTAS CORPORATION NO 2 8406854297 FIRST AID SERVICES: RM 6/13/2024 1347 CINTAS CORPORATION NO 2 8406854296 FIRST AID SERVICES: RM 6/13/2024 1347 CINTAS CORPORATION NO 2 8406854294 FIRST AID SERVICES: RM 6/13/2024 1347 CINTAS CORPORATION NO 2 8406854290 FIRST AID SERVICES: RM 6/13/2024 1347 CINTAS CORPORATION NO 2 8406854292 FIRST AID SERVICES: RM 6/13/2024 1347 CINTAS CORPORATION NO 2 8406854288 FIRST AID SERVICES: RM 6/13/2024 1347 CINTAS CORPORATION NO 2 8406854289 FIRST AID SERVICES: RM 6/13/2024 1701 CLEAR IMAGE ENTERPRISES INC 19036 WINDOW CLEANING: LIBRARY: PW 6/5/2024 3833 COLE RANDALL O5/29/24 REFUND TVE2 KEYCARD DEPOSIT: MC3 SOLUTIONS 6/13/2024 3043 COMMERCIAL CLEANING BY ROGERS 11152 JANITORIAL SERVICES: OTSF AND MALL: PD 6/13/2024 1276 COMMUNITY WORKS DESIGN GROUP LLC 15681 RONALD REAGAN SPORTS PARK SKATE 5/30/2024 3060 COMPLETE OFFICE LLC 4136023-0 MISC OFC SUPPLIES: COMDV 5/30/2024 3060 COMPLETE OFFICE LLC 4141113-0 OFFICE SUPPLIES: TCC: FIRE 5/30/2024 3060 COMPLETE OFFICE LLC 4144746-0 MISC OFC SUPPLIES: COMM DEV 5/30/2024 3060 COMPLETE OFFICE LLC 4141124-0 OFFICE SUPPLIES: EM 5/30/2024 3060 COMPLETE OFFICE LLC 4141124-1 OFFICE SUPPLIES: EM 6/6/2024 3060 COMPLETE OFFICE LLC 4149624-0 OFFICE SUPPLIES: BUILDING & SAFETY 6/6/2024 3060 COMPLETE OFFICE LLC C4135650-0 MISC OFC SUPPLIES: COMM DEV 6/13/2024 3060 COMPLETE OFFICE LLC 4153160-0 OFFICE SUPPLIES: INFO TECH 6/13/2024 3060 COMPLETE OFFICE LLC 4150563-0 MISC OFC SUPPLIES: COMM DEV 6/13/2024 3060 COMPLETE OFFICE LLC 4148491-0 MISC OFC SUPPLIES: COMM DEV 6/13/2024 3060 COMPLETE OFFICE LLC 4149955-1 MISC OFC SUPPLIES: ITSS 6/13/2024 3060 COMPLETE OFFICE LLC 4149955-0 MISC OFC SUPPLIES: ITSS 6/13/2024 3060 COMPLETE OFFICE LLC 4141113-1 OFFICE SUPPLIES: TCC: FIRE 6/13/2024 3060 COMPLETE OFFICE LLC 4147776-0 MISC OFC SUPPLIES: COMM DEV 6/13/2024 3060 COMPLETE OFFICE LLC 4151571-0 MISC OFC SUPPLIES: COMM DEV 6/20/2024 3060 COMPLETE OFFICE LLC 4152444-0 OFFICE SUPPLIES: BUILDING & SAFETY 6/20/2024 1046 COMPUTER ALERT SYSTEMS INC 120572 SMOKE DETECTOR INSTALL: LIBRARY: PW 6/20/2024 2100 COMTRONIX COMMUNICATIONS INC 48627 EOC ANTENNAS MOVE/INSTALLATION: LIBRARY: EM 6/6/2024 2338 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 8750-1042584 ELECTRICAL SUPPLIES: PARKS 6/6/2024 2338 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1069-1051792 TRAFFIC SIGNAL COVERS: PW 6/6/2024 2338 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 8750-1042140 MISC PARTS/EQUIPMENT: FACILITIES: PW 6/13/2024 2338 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 8750-1042387 ELECTRICAL SUPPLIES: FIRE STATIONS 6/13/2024 2338 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 8750-1042382 ELECTRICAL SUPPLIES: CRC 6/20/2024 2338 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 8750-1042632 ELECTRICAL SUPPLIES: PARKS 6/20/2024 2338 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 8750-1042585 ELECTRICAL SUPPLIES: PARKS 6/20/2024 2338 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 8750-1042591 ELECTRICAL SUPPLIES: FACILITIES 5/7/2024 1972 COOPERATIVE PERSONNEL SERVICES 7809 TRAINING: EMPLOYEE: HR 6/7/2024 1972 COOPERATIVE PERSONNEL SERVICES 1210 REGISTRATION: WEBINAR: HR 6/13/2024 1972 COOPERATIVE PERSONNEL SERVICES 0012924 CLASSIFICATION STUDY: HR 6/13/2024 1972 COOPERATIVE PERSONNEL SERVICES 0013194 CLASSIFICATION STUDY: HR 4/29/2024 3770 CORBEAUX 9769 REFRESHMENTS: PROMO ITEMS: CC 6/20/2024 3130 CORTEZ GASTELUM MARIA VICTORIA 240413 NEWSPAPER SUBSCRIPTION: MPSC: TCSD 6/20/2024 3130 CORTEZ GASTELUM MARIA VICTORIA 240511 NEWSPAPER SUBSCRIPTION: MPSC: TCSD 6/6/2024 1771 COSSOU CELINE 1620.106-1640.102 TCSD INSTRUCTOR EARNINGS 4/22/2024 1098 COSTCO TEMECULA 491 2424 MISC SUPPLIES: SPECIAL EVENTS: TCSD 5/7/2024 1098 COSTCO TEMECULA 491 6871 SUPPLIES: HEALTH FLEX: HR 6/7/2024 1098 COSTCO TEMECULA 491 2779 REFRESHMENTS: CITY ATTY & EXEC STAFF MTGS 6/7/2024 1098 COSTCO TEMECULA 491 1404 REFRESHMENTS: CULTURE FEST: BOOTH 6/7/2024 1098 COSTCO TEMECULA 491 1396 REFRESHMENTS: CITY CLERK OPEN HOUSE: CC 5/30/2024 1098 COSTCO TEMECULA 491 3595 MISC SUPPLIES: TVM: TCSD 5/30/2024 1098 COSTCO TEMECULA 491 3598 REHAB TRAILER SUPPORT AND SUPPLIES: TCC 5/30/2024 1098 COSTCO TEMECULA 491 3597 REHAB TRAILER SUPPORT AND SUPPLIES: TCC 5/30/2024 1098 COSTCO TEMECULA 491 3599 SUPPLIES: SPECIAL EVENT: FIRE 5/30/2024 1098 COSTCO TEMECULA 491 3592 MISC SUPPLIES: AQUATICS: TCSD 6/5/2024 1098 COSTCO TEMECULA 491 3601 RECREATION & BUILDING SUPPLIES: CONTRACT CLASSES 6/5/2024 1098 COSTCO TEMECULA 491 3602 HOSPITALITY/OFFICE SUPPLIES: THEATER: TCSD 6/13/2024 1098 COSTCO TEMECULA 491 3606 MISC SUPPLIES: WORKFORCE PROGRAMS 6/13/2024 1098 COSTCO TEMECULA 491 3608 MISC SUPPLIES: TVM: TCSD 6/20/2024 1098 COSTCO TEMECULA 491 3612 SUPPLIES: RECREATION & BUILDING: CONTRACT CLASSES 5/30/2024 1268 COSTCO TEMECULA 491 3593 SUPPLIES: MRC, MPSC & SFSP 5/30/2024 1268 COSTCO TEMECULA 491 3590 SUPPLIES: MRC, MPSC & SFSP: TCSD 5/30/2024 1268 COSTCO TEMECULA 491 3596 MISC SUPPLIES: MRC, MPSC & SFSP 6/5/2024 1268 COSTCO TEMECULA 491 3603 SUPPLIES: MRC, MPSC & SFSP 6/20/2024 1268 COSTCO TEMECULA 491 3609 SUPPLIES: MRC, MPSC & SFSP 6/20/2024 1268 COSTCO TEMECULA 491 3611 MISC SUPPLIES: MRC, MPSC & SFSP 6/20/2024 1268 COSTCO TEMECULA 491 3613 SUPPLIES: MRC, MPSC AND SFSP 6/20/2024 1268 COSTCO TEMECULA 491 3610 SUPPLIES: MRC, MPSC & SFSP 6/6/2024 2004 COX KRISTI 4100.1064150.106 TCSD INSTRUCTOR EARNINGS Payment Type Invoice Net Printed Check 90.74 Printed Check 172.10 Printed Check 312.29 Printed Check 177.82 Printed Check 84.32 Printed Check 212.93 Printed Check 228.73 Printed Check 233.80 Printed Check 3,780.00 Printed Check 25.00 EFT Posted 814.77 EFT Posted 2,419.81 EFT Posted 177.78 EFT Posted 696.50 EFT Posted 30.34 EFT Posted 245.58 EFT Posted 50.81 EFT Posted 100.89 EFT Posted (30.34) EFT Posted 13.04 EFT Posted 57.66 EFT Posted 36.43 EFT Posted 46.35 EFT Posted 312.40 EFT Posted 295.15 EFT Posted 68.26 EFT Posted 24.58 EFT Posted 100.32 EFT Posted 568.80 EFT Posted 9,449.77 EFT Posted 99.66 EFT Posted 2,436.00 EFT Posted 620.16 EFT Posted 67.15 EFT Posted 98.11 EFT Posted 68.24 EFT Posted 18.55 EFT Posted 48.54 Wire 150.00 Wire 150.00 Printed Check 9,071.25 Printed Check 1,045.00 Wire 41.11 EFT Posted 125.00 EFT Posted 125.00 EFT Posted 908.60 Wire 2,822.77 Wire 462.85 Wire 165.84 Wire 27.88 Wire 49.52 Printed Check 19.27 Printed Check 341.32 Printed Check 499.64 Printed Check 142.76 Printed Check 702.03 Printed Check 932.62 Printed Check 678.23 Printed Check 628.68 Printed Check 267.78 Printed Check 1,464.02 Printed Check 2,215.93 Printed Check 442.18 Printed Check 615.34 Printed Check 117.11 Printed Check 978.51 Printed Check 638.49 Printed Check 1,066.41 Printed Check 1,478.25 EFT Posted 1,456.00 Check # Check Date Vendor # Vendor Name Invoice Description 6/13/2024 2004 COX KRISTI 4210.106 TCSD INSTRUCTOR EARNINGS 5/30/2024 1592 CRAFTSMEN PLUMBING & HVAC INC 003871 PLUMBING MAINTENANCE: FIRE STATIONS 6/13/2024 1592 CRAFTSMEN PLUMBING & HVAC INC 003974 PLUMBING SVCS: VARIOUS LOCATIONS: PW 6/13/2024 1592 CRAFTSMEN PLUMBING & HVAC INC 003977 PLUMBING SVCS: VARIOUS LOCATIONS: PW 6/13/2024 2646 CRISP ENTERPRISES INC 498604 REPROGRAPHIC SVCS: MURRIETA CREEK IMPROVE PW15-07 6/13/2024 2646 CRISP ENTERPRISES INC 498606 REPROGRAPHIC SVCS: SANTA GERTRUDIS CRK PHII PW19A 6/20/2024 3607 CROWN CASTLE INC 1588034 FIBER SVCS: 44900 TEMECULA LANE 5/30/2024 1096 DANS FEED AND SEED INC 081422 SUPPLIES: STREET MAINTENANCE: PW 5/7/2024 3553 DAPHNES 3003 REFRESHMENTS: CITY COUNCIL MTG 3/12 6/5/2024 3209 DATA PROCESSING DESIGN INC EGOLD-12069338 CLOUD FAXING SERVICE: ITSS 6/6/2024 1105 DATA TICKET INC 165222 APR CITATION PROCESSING: TEM SHERIFF 6/6/2024 1105 DATA TICKET INC 165099 APR CITATION PROCESSING: TEM SHERIFF 6/6/2024 1699 DAVID EVANS AND ASSOCIATES INC 562440 ENGINERING SERVICES: SANTA GERTRUDIS PW08-04 6/6/2024 1699 DAVID EVANS AND ASSOCIATES INC 561842 DOG PARK RENOVATION: PW21-14 6/6/2024 1699 DAVID EVANS AND ASSOCIATES INC 562439 DIAZ ROAD EXPANSION 6/13/2024 3681 DELLINGER MICHAEL 06232210 DJ SVCS: STATE OF THE CITY 2024 6/20/2024 1578 DEMCO INC 7491816 MISC SUPPLIES: RHRTPL: TCSD 5/30/2024 2227 DG INVESTMENT INTERMEDIATE HOLDINGS 2INC IN00191330 SECURITY SYSTEM:FRIENDSHIP PARK: CIP PW17-01 5/30/2024 2227 DG INVESTMENT INTERMEDIATE HOLDINGS 2 INC IN00191928 REPLACE SECURITY CAMERAS: PBSP: IT 5/30/2024 2227 DG INVESTMENT INTERMEDIATE HOLDINGS 2INC IN00186227 ACCESS CONTROL & CAMERAS: MRC CIP PW 17-21 5/30/2024 2227 DG INVESTMENT INTERMEDIATE HOLDINGS 2 INC IN00189170 SECURITY CAMERA SYSTEM LICENSING: IT 6/6/2024 2227 DG INVESTMENT INTERMEDIATE HOLDINGS 2INC IN00192142 MAINT & REPAIR: SECURITY SYSTEM: IT 6/6/2024 2227 DG INVESTMENT INTERMEDIATE HOLDINGS 2INC IN00189222 TRAFFIC CAMERAS:CIP PW17-01 6/6/2024 2227 DG INVESTMENT INTERMEDIATE HOLDINGS 2INC IN00191467 SECURITY CAMERA SYSTEM LICENSING: SOMMERS BEND: IT 6/6/2024 2227 DG INVESTMENT INTERMEDIATE HOLDINGS 2INC IN00196662 MAINT & REPAIR: SECURITY SYSTEM: IT 6/6/2024 2227 DG INVESTMENT INTERMEDIATE HOLDINGS 2INC IN00191591 SECURITY CAMERA REPLACEMENT:TRAFFIC: IT 6/6/2024 2227 DG INVESTMENT INTERMEDIATE HOLDINGS 2INC IN00196663 MAINT & REPAIR: SECURITY SYSTEM: IT 6/6/2024 2227 DG INVESTMENT INTERMEDIATE HOLDINGS 2INC IN00192144 MAINT & REPAIR: SECURITY SYSTEM: IT 6/13/2024 2227 DG INVESTMENT INTERMEDIATE HOLDINGS 2 INC IN00199660a MAINT & REPAIR OF SECURITY SYSTEM: ITSS 6/13/2024 2227 DG INVESTMENT INTERMEDIATE HOLDINGS 2INC IN00199660b MAINT & REPAIR: SECURITY SYSTEM: IT 6/13/2024 2227 DG INVESTMENT INTERMEDIATE HOLDINGS 2INC IN00200845 MAINT & REPAIR: SECURITY SYSTEM: IT 6/20/2024 2227 DG INVESTMENT INTERMEDIATE HOLDINGS 2INC IN00191542 SECURITY SYSTEM CAMERA: PARKING STRUCTURE: IT 6/20/2024 2227 DG INVESTMENT INTERMEDIATE HOLDINGS 2 INC IN00191444 SECURITY SYSTEM: PICKLEBALL COURTS: PW21-03 6/6/2024 1235 DIAMOND ENVIRONMENTAL SERVICES 0005414102 PORTABLE RESTROOMS: LA SERENA WAY 6/6/2024 1235 DIAMOND ENVIRONMENTAL SERVICES 0005404583 PORTABLE RESTROOMS: STEPHEN LINEN PARK 6/6/2024 1235 DIAMOND ENVIRONMENTAL SERVICES 0005414103 PORTABLE RESTROOMS: RIVERTON LN 6/6/2024 1235 DIAMOND ENVIRONMENTAL SERVICES 0005414104 PORTABLE RESTROOMS: N GENERAL KEARNY RD 6/6/2024 1235 DIAMOND ENVIRONMENTAL SERVICES 0005362741 PORTABLE RESTROOM: CITYWIDE CLEAN-UP: PW 6/7/2024 2573 DIGICERT INC 3123 SSL CERTIFICATE: PAY.TEMECULALIBRARY.ORG: ITSS 6/13/2024 1503 DIRECT CONNECT GROUP LLC 489761011 WILL CALL ENVELOPES: TCSD 6/6/2024 2137 DIVERSIFIED WATERSCAPES INC 10007078 MAY WTR QUALITY MAINT: DUCK POND/HARV 4/22/2024 3075 DOORDASH 0743 REFRESHMENTS: THEATER HOSPITALITY: TCSD 4/22/2024 3075 DOORDASH 6311 REFRESHMENTS: THEATER HOSPITALITY: TCSD 6/7/2024 3075 DOORDASH 1007 REFRESHMENTS: STAFF: FIRE DEPT 6/20/2024 2330 DOUGLAS CO INC 645465 MERCHANDISE: TVM GIFT SHOP: TCSD 5/30/2024 1254 DOWNS ENERGY FUEL CL39042 FUEL FOR CITY VEHICLES: EOC 5/30/2024 1254 DOWNS ENERGY FUEL CL41868 FUEL FOR CITY VEHICLES: POLICE DEPT 5/30/2024 1254 DOWNS ENERGY FUEL CL41883 FUEL FOR CITY VEHICLES: TCSD 5/30/2024 1254 DOWNS ENERGY FUEL CL40471 FUEL FOR CITY VEHICLES: CODE ENFORCEMENT 5/30/2024 1254 DOWNS ENERGY FUEL CL41872 FUEL FOR CITY VEHICLES: STREETS: PW 5/30/2024 1254 DOWNS ENERGY FUEL CL38255 FUEL FOR CITY VEHICLES: FIRE DEPT 5/30/2024 1254 DOWNS ENERGY FUEL CL40472 FUEL FOR CITY VEHICLES: BLDG INSPECTORS 5/30/2024 1254 DOWNS ENERGY FUEL CL41871 FUEL FOR CITY VEHICLES: CIP: PW 5/30/2024 1254 DOWNS ENERGY FUEL CL41867 FUEL FOR CITY VEHICLES: PARK MAINT: PW 5/30/2024 1254 DOWNS ENERGY FUEL CL39782 FUEL FOR CITY VEHICLES: FIRE DEPT 6/6/2024 1254 DOWNS ENERGY FUEL CL41881 FUEL FOR CITY VEHICLES: EOC 6/6/2024 1254 DOWNS ENERGY FUEL CL41870 FUEL FOR CITY VEHICLES: BLDG INSPECTORS 6/6/2024 1254 DOWNS ENERGY FUEL CL41869 FUEL FOR CITY VEHICLES: CODE ENFORCEMENT 6/6/2024 1254 DOWNS ENERGY FUEL CL41187 FUEL FOR CITY VEHICLES: FIRE DEPT 6/13/2024 1254 DOWNS ENERGY FUEL CL43352 FUEL FOR CITY VEHICLES: BLDG 6/13/2024 1254 DOWNS ENERGY FUEL CL43351 FUEL FOR CITY VEHICLES: CODE ENFORCEMENT 6/13/2024 1254 DOWNS ENERGY FUEL CL43354 FUEL FOR CITY VEHICLES: STREET MAINT: PW 6/13/2024 1254 DOWNS ENERGY FUEL CL43369 FUEL FOR CITY VEHICLES: TCSD 6/13/2024 1254 DOWNS ENERGY FUEL CL43368 FUEL FOR CITY VEHICLES: TRAFFIC: PW 6/13/2024 1254 DOWNS ENERGY FUEL CL42560 FUEL FOR CITY VEHICLES: FIRE DEPT 6/13/2024 1254 DOWNS ENERGY FUEL CL43366 FUEL FOR CITY VEHICLES: EOC 6/13/2024 1254 DOWNS ENERGY FUEL CL43350 FUEL FOR CITY VEHICLES: POLICE DEPT 6/13/2024 1254 DOWNS ENERGY FUEL CL4348 FUEL FOR CITY VEHICLES: PARK MAINT: PW 6/20/2024 1254 DOWNS ENERGY FUEL CL44693 FUEL FOR CITY VEHICLES: CODE ENFORCEMENT 6/20/2024 1254 DOWNS ENERGY FUEL CL44707 FUEL FOR CITY VEHICLES: TRAFFIC: PW Payment Type Invoice Net EFT Posted 270.00 EFT Posted 672.00 EFT Posted 1,307.00 EFT Posted 572.00 EFT Posted 119.14 EFT Posted 170.15 EFT Posted 550.00 EFT Posted 33.66 Wire 319.17 Printed Check 75.99 EFT Posted 1,283.08 EFT Posted 200.00 EFT Posted 94.50 EFT Posted 10,662.82 EFT Posted 8,637.00 EFT Posted 500.00 EFT Posted 777.34 EFT Posted 30,164.96 EFT Posted 21,208.00 EFT Posted 122,875.58 EFT Posted 23,239.00 EFT Posted 8,958.00 EFT Posted 5,130.81 EFT Posted 6,908.76 EFT Posted 2,520.00 EFT Posted 5,148.00 EFT Posted 2,890.00 EFT Posted 5,968.00 EFT Posted 948.23 EFT Posted 8,009.77 EFT Posted 1,879.98 EFT Posted 26,422.00 EFT Posted 32,349.51 EFT Posted 110.88 EFT Posted 160.88 EFT Posted 110.88 EFT Posted 110.88 EFT Posted 125.20 Wire 549.10 EFT Posted 1,471.90 EFT Posted 7,800.00 Wire 108.73 Wire 110.64 Wire 239.25 EFT Posted 940.22 EFT Posted 101.74 EFT Posted 42.63 EFT Posted 132.84 EFT Posted 159.32 EFT Posted 1,790.50 EFT Posted 291.65 EFT Posted 355.27 EFT Posted 211.97 EFT Posted 1,811.89 EFT Posted 224.40 EFT Posted 97.72 EFT Posted 239.98 EFT Posted 173.33 EFT Posted 285.40 EFT Posted 392.62 EFT Posted 266.12 EFT Posted 2,159.54 EFT Posted 375.68 EFT Posted 195.62 EFT Posted 116.43 EFT Posted 97.69 EFT Posted 131.92 EFT Posted 2,542.27 EFT Posted 241.12 EFT Posted 93.91 Check # Check Date Vendor # Vendor Name 602870 6/20/2024 1254 DOWNS ENERGY FUEL 602870 6/20/2024 1254 DOWNS ENERGY FUEL 602870 6/20/2024 1254 DOWNS ENERGY FUEL 602870 6/20/2024 1254 DOWNS ENERGY FUEL 602698 6/6/2024 3830 DRENNENS DREAMS FOUNDATION 16766 5/21/2024 1057 EASTERN MUNICIPAL WATER DIST 302304 5/30/2024 1339 EE VENDOR # 1339 602734 6/6/2024 1353 EE VENDOR # 1353 302373 6/13/2024 1462 EE VENDOR # 1462 302324 6/5/2024 1664 EE VENDOR # 1664 302324 6/5/2024 1664 EE VENDOR # 1664 302332 6/5/2024 1670 EE VENDOR # 1670 302426 6/20/2024 1964 EE VENDOR # 1964 602639 5/30/2024 1978 EE VENDOR # 1978 302308 6/5/2024 2135 EE VENDOR #2135 602786 6/13/2024 2265 EE VENDOR #2265 602737 6/6/2024 2266 EE VENDOR #2266 302359 6/13/2024 2354 EE VENDOR #2354 302423 6/20/2024 2410 EE VENDOR #2410 602717 6/6/2024 2587 EEVENDOR#2587 602785 6/13/2024 2607 EE VENDOR #2607 602874 6/20/2024 2754 EE VENDOR #2754 302389 6/13/2024 2985 EEVENDOR#2985 302419 6/20/2024 2985 EEVENDOR#2985 302408 6/20/2024 3101 EE VENDOR # 3101 302322 6/5/2024 3350 EE VENDOR # 3350 302339 6/5/2024 3479 EE VENDOR # 3479 602733 6/6/2024 3479 EE VENDOR # 3479 302326 6/5/2024 3611 EE VENDOR # 3611 302293 5/30/2024 3721 EE VENDOR # 3721 302302 5/30/2024 3795 EE VENDOR # 3795 302342 6/5/2024 3809 EE VENDOR # 3809 302344 6/5/2024 3828 EE VENDOR # 3828 302383 6/13/2024 3831 EE VENDOR # 3831 302381 6/13/2024 3834 EE VENDOR # 3834 302358 6/13/2024 3836 EE VENDOR # 3836 602871 6/20/2024 2385 EIDE BAILLY LLP 602872 6/20/2024 2031 ELITE CLAIMS MANAGEMENT INC 302265 5/30/2024 1004 ESGIL LLC 302265 5/30/2024 1004 ESGIL LLC 302265 5/30/2024 1004 ESGIL LLC 302374 6/13/2024 2469 EXP US SERVICES INC 16481 5/23/2024 1998 EYEMED VISION CARE 302320 6/5/2024 1892 FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY INC 602699 6/6/2024 2116 FALCON ENGINEERING SERVICES 16551 4/22/2024 2012 FEAST CALIFORNIA CAFE LLC 16655 6/7/2024 2012 FEAST CALIFORNIA CAFE LLC 16674 6/7/2024 2012 FEAST CALIFORNIA CAFE LLC 16791 6/7/2024 2012 FEAST CALIFORNIA CAFE LLC 16492 5/7/2024 2456 FEDERAL AVIATION ADMINIST 16494 5/7/2024 2456 FEDERAL AVIATION ADMINIST 302266 5/30/2024 1005 FEDERAL EXPRESS INC 302266 5/30/2024 1005 FEDERAL EXPRESS INC 302266 5/30/2024 1005 FEDERAL EXPRESS INC 302375 6/13/2024 1005 FEDERAL EXPRESS INC 302410 6/20/2024 1005 FEDERAL EXPRESS INC 302410 6/20/2024 1005 FEDERAL EXPRESS INC 302376 6/13/2024 1006 FIRST AMERICAN TITLE COMPANY 602873 6/20/2024 2643 FORENSIC NURSING OF SOCAL INC 302321 6/5/2024 3046 FOSTER & FOSTER CONSULTING ACTUARIES INC 602700 6/6/2024 1875 FREIZE UHLER KIMBERLY 602701 6/6/2024 1875 FREIZE UHLER KIMBERLY 602787 6/13/2024 1875 FREIZE UHLER KIMBERLY 16768 5/21/2024 2067 FRONTIER CALIFORNIA INC 302377 6/13/2024 1497 FULL COMPASS SYSTEMS 602702 6/6/2024 1572 FWEP ACQUISITION INC 602702 6/6/2024 1572 FWEP ACQUISITION INC 602640 5/30/2024 2374 GEORGE HILLS COMPANY INC 602875 6/20/2024 2374 GEORGE HILLS COMPANY INC 602876 6/20/2024 2722 GEOTAB USA INC Invoice Description Payment Type Invoice Net CL44708 FUEL FOR CITY VEHICLES: TCSD EFT Posted 327.73 CL44692 FUEL FOR CITY VEHICLES: POLICE DEPT EFT Posted 81.21 CL44044 FUEL FOR CITY VEHICLES: FIRE DEPT EFT Posted 257.94 CL44694 FUEL FOR CITY VEHICLES: BLDG INSPECTORS EFT Posted 256.74 05/28/24 STAFF WATER SAFETY TRAINING & EDUCATION EFT Posted 650.00 VAR EMWD APR VAR APR WATER SVCS Wire 6,550.45 REIMB: 4/16-4/17 REIMB: CA WATER SAFETY COALITION SUMMIT 4/16-4/17 Printed Check 808.80 Reimb Uniforms 5/23 REIMB: UNIFORMS: CODE ENFORCEMENT EFT Posted 106.96 Reimb: ICSC Conv'24 REIMB: ICSC CONVENTION: ECO DEV Printed Check 347.20 Reimb Uniforms 5/16 REIMB: UNIFORMS: CODE ENFORCEMENT Printed Check 107.42 Reimb Uniforms 5/20 REIMB: UNIFORMS: CODE ENFORCEMENT Printed Check 43.46 Reimb: 05/28/24 REIMB: TEAM PACE: 05/28/24 Printed Check 141.36 O6/10/24 REIMBURSE UNIFORMS:BLDSF Printed Check 115.00 Reimb WC/SA Conf'24 BAL DUE: REIMB: WC/SA CONFERENCE 04/29/2024-05/02 EFT Posted 42.50 Reimb: Uniform 5/15 REIMB: UNIFORMS Printed Check 112.42 Reimb: 06/04/24 REIMB: SUPPLIES: BIKE TO WORK DAY EVENT: HR EFT Posted 120.91 05/22/24 REFRESHMENTS FOR TSC MAY 2024: PW EFT Posted 88.52 Reimb: Emerg Conf REIMB: EMERGENCY MGMT CONF'24: RISK Printed Check 1,109.52 Reimb: 06/17/24 REIMB: TEAM PACE Printed Check 750.00 Reimb: Supplies 5/21 REIMB: SUPPLIES: CULTURE DAYS: TCSD EFT Posted 676.86 Reimb: ICSC Conv'24 REIMB: ICSC CONVENTION: ECO DEV EFT Posted 287.12 Reimb: Team Pace 6/7 REIMB: TEAM PACE EFT Posted 86.20 Reimb: GSMCON'24 REIMB: GSMCON CONF: ECO DEV Printed Check 390.50 REIMB: 5/13-5/16 REIMB: CAPIO 2024 CONF 5/13-5/16 Printed Check 245.16 Reimb: CFED Conf REFRESHMENTS: CFED CONFERENCE'24 Printed Check 77.58 Reimb: LCW Conf'24 REIMB: LCW CONF 02/07/24-02/09/24 Printed Check 201.30 05/15/24 REIMBURSE SPRING UNIFORM: CODE ENFORCEMENT Printed Check 104.28 O5/20/24 REIMBURSE SPRING UNIFORM: CODE ENFORCEMENT EFT Posted 36.16 Reimb Laserfiche REIMB: LASERFICHE CONFERENCE'24 Printed Check 702.23 REIMB: 04/26-04/27 REIMB: CAL CITIES SUMMIT 04/26/24-04/27/24 Printed Check 72.00 REIMB: CA WATER'24 REIMB: CA WATER SAFETY COALITION SUMMIT: TCSD Printed Check 80.53 O5/21/24 REIMBURSE OFFICE SUPPLIES: TCC Printed Check 154.84 REIMB: 3/6-3/7 REIMB: 2024 PLANNING COMMISSIONERS ACADEMY Printed Check 253.93 Reimb: Mtg 5/22/24 REIMB: CAPTAIN'S MTG 05/22/24 Printed Check 87.52 Reimb Cal Cities'24 REIMB: CAL CITIES LEADERS SUMMIT'24 Printed Check 81.00 Reimb Cal Cities'24 REIMB: CAL CITIES LEADERS SUMMIT'24 Printed Check 57.60 E101702632 CONSULTING SVCS: AUDIT: FINANCE EFT Posted 8,100.00 2024-726 MAY'24 3RD PARTY CLAIM ADMIN: WC EFT Posted 1,250.00 274654 FEB PLAN REVIEW SVCS: BLDG & SAFETY Printed Check 19,027.70 CM-128554 DUP PMT - SEP PLAN REVIEW SVCS: BLDG & SAFETY Printed Check (16,047.18) 384449 Revised MAR PLAN REVIEW SVCS: BLDG & SAFETY Printed Check 17,266.76 137614 Revised SANTA GERTRUDIS CREEK PHASE II Printed Check 3,291.76 Ben350198 VISION PLAN PAYMENT Wire 2,123.38 #10 Apr'24 APR SUB -RECIPIENT: FAIR HOUSING SVCS Printed Check 1,297.56 2024A 1-1 5/FRENCH VALLEY PARKWAY IMPROVEMENTS EFT Posted 319,255.81 4429 REFRESHMENTS: OPEN HOUSE EVENT: MRC Wire 1,848.75 8935 REFRESHMENTS: PUBLICLY NOTICED BUDGET WORKSHOP Wire 490.36 4906 REFRESHMENTS: BUDGET WORKSHOP 05/09/24: CC Wire 350.59 5078 REFRESHMENTS: OLD TOWN LOCAL ADVISORY COMMISSION Wire 204.71 7127 REGISTRATION: FAA DRONE- ITSS Wire 5.00 5212 REGISTRATION: FAA DRONE: ITSS Wire 5.00 8-503-44139 EXP MAIL SVCS: FIRE Printed Check 6.08 8-503-44138 EXP MAIL SVCS: TCSD Printed Check 38.23 8489-64280a EXP MAIL SVCS: PARKS: PW Printed Check 7.32 8-51742043 EXP MAILINGS SVCS: WELCOME CTR: CSD Printed Check 12.15 8-523-30987 EXPRESS MAIL SVCS: HR Printed Check 15.60 8-517-42044 EXP MAILINGS SVCS: COM DEV Printed Check 8.97 Ck Req 6/11/24 TITLE REPORTS: DE PORTOLA/JEDEDIAH SMITH RD Printed Check 1,700.00 2629 SART EXAMS: PD EFT Posted 1,400.00 29413 GASBS 75 REPORT: FINANCE Printed Check 2,400.00 9229-9235 MISC PROMOTIONAL ITEMS: ECO DEV INCUBATOR EFT Posted 1,582.02 9253 PROMOTIONAL ITEMS: CITY COUNCIL EFT Posted 1,510.98 9249 PROMOTIONAL ITEMS: WORKFORCE PROGRAMS: TCSD EFT Posted 752.67 VAR APR/MAY VARIOUS APR/MAY INTERNET SVCS Wire 12,940.81 INCO2528079 SOUND/LIGHTING & MISC SUPPLIES: THEATER Printed Check 196.76 0015533664-001 SPLASH PAD CHEMICALS: PW PARKS EFT Posted 1,056.24 0015812056-001 SPLASH PAD CHEMICALS: PW PARKS EFT Posted 90.13 INV1028663 CLAIMS TPA: RM EFT Posted 5,357.60 INV1028725 SUBROGATION RECOVERY FEE: GHC0061007 EFT Posted 250.00 IN386244 VEHICLE TELEMATICS:CITY FLEET: IT EFT Posted 1,619.50 Check # Check Date Vendor # Vendor Name 16750 6/7/2024 2044 GOAT AND VINE THE 16761 6/7/2024 2044 GOAT AND VINE THE 302323 6/5/2024 1523 GOLDEN VALLEY MUSIC SOCIETY 302269 5/30/2024 3095 GONZALEZ JAVIER 1 302269 5/30/2024 3095 GONZALEZ JAVIER 1 302379 6/13/2024 3095 GONZALEZ JAVIER 1 302379 6/13/2024 3095 GONZALEZ JAVIER 1 302325 6/5/2024 2138 GOVCONNECTION INC 602703 6/6/2024 2239 GRANICUS LLC 16574 5/7/2024 3589 GUADALAJARA MEXICAN GRILL AND CANTINA 602704 6/6/2024 1197 HABITAT FOR HUMANITY INLAND VALLEY INC 602877 6/20/2024 2428 HAKIM KAWTHER N 602742 6/6/2024 1383 HANCOCK LORENA 302267 5/30/2024 1009 HANKS HARDWARE INC 302378 6/13/2024 1009 HANKS HARDWARE INC 302378 6/13/2024 1009 HANKS HARDWARE INC 302378 6/13/2024 1009 HANKS HARDWARE INC 302378 6/13/2024 1009 HANKS HARDWARE INC 302378 6/13/2024 1009 HANKS HARDWARE INC 302378 6/13/2024 1009 HANKS HARDWARE INC 302411 6/20/2024 1009 HANKS HARDWARE INC 602788 6/13/2024 1093 HEALTHPOINTE MEDICAL GROUP INC 302268 5/30/2024 1791 HELIXSTORM INC 602789 6/13/2024 1761 HESS JOHN PAUL 602705 6/6/2024 2235 HICKS AND HARTWICK INC 602878 6/20/2024 2547 HINER DOUGLAS 16592 4/29/2024 3635 HOLIDAY INN 16593 4/29/2024 3635 HOLIDAY INN 16539 5/7/2024 1192 HOME DEPOT 16540 5/7/2024 1192 HOME DEPOT 16663 6/7/2024 1192 HOME DEPOT 16780 6/7/2024 1192 HOME DEPOT 16781 6/7/2024 1192 HOME DEPOT 602706 6/6/2024 2233 HOWELL ANN MARIE 602790 6/13/2024 2233 HOWELL ANN MARIE 602879 6/20/2024 2233 HOWELL ANN MARIE 16666 6/7/2024 3244 HYATT REGENCY 16688 6/7/2024 3244 HYATT REGENCY 16705 6/7/2024 3244 HYATT REGENCY 16706 6/7/2024 3244 HYATT REGENCY 16715 6/7/2024 3244 HYATT REGENCY 16724 6/7/2024 3244 HYATT REGENCY 16746 6/7/2024 3244 HYATT REGENCY 602707 6/6/2024 2564 INLAND FLEET SOLUTIONS INC 602707 6/6/2024 2564 INLAND FLEET SOLUTIONS INC 602791 6/13/2024 2564 INLAND FLEET SOLUTIONS INC 602708 6/6/2024 1396 INNOVATIVE DOCUMENT SOLUTIONS 602708 6/6/2024 1396 INNOVATIVE DOCUMENT SOLUTIONS 16488 5/9/2024 10471NSTATAX EDD 16602 5/23/2024 10471NSTATAX EDD 16487 5/9/2024 1027 INSTATAX IRS 16601 5/23/2024 1027 INSTATAX IRS 302327 6/5/2024 3035 INTERFLEX PAYMENT LLC 602792 6/13/2024 1253 INTERNATIONAL E Z UP INC 16353 3/14/2024 2766 INTL ASSOC OF EMERGENCY MANAGERS 16507 6/7/2024 1012 INTL COUNCIL OF SHOPPING CENTERS INC 602880 6/20/2024 1757 INTRADO LIFE AND SAFETY INC 16550 4/22/2024 1674 ISTOCK INTL INC 16615 5/29/2024 1674 ISTOCK INTL INC 602793 6/13/2024 1719 JACOBS HOUSE INC 16648 6/7/2024 2663 JAMBA JUICE 302380 6/13/2024 3197 JDS VIDEO & MEDIA PRODUCTIONS INC 302380 6/13/2024 3197 JDS VIDEO & MEDIA PRODUCTIONS INC 602881 6/20/2024 2257 JEFF KATZ ARCHITECTURAL CORP 16646 5/30/2024 3529 JERSEY MIKES 16565 4/22/2024 3819 JERUSALEM SHAWARMA 16704 6/7/2024 3843 JIM DENNYS AMERICAN DINER 16743 6/7/2024 3843 JIM DENNYS AMERICAN DINER 602641 5/30/2024 2475 JP HANDMADE CORP 302382 6/13/2024 1933 KELLY SPICERS INC Invoice Description 5718 REFRESHMENTS: RTA BOARD MTG: CC 5970 REFRESHMENTS: INTERVIEW LUNCH PANEL: HR Sttlmnt: 05/12/24 CLASSICS @ THE MERC 05/12/24 1702 HVAC SUPPLIES: FACILITY MAINT 1703 HVAC SUPPLIES: FACILITY MAINT 1720 HVAC SUPPLIES: FACILITY MAINT 1666 SMALL TOOLS & EQUIPMENT: FIRE STATIONS 75291720 10 CISCO SFP TRANSCEIVERS: IT 184007 ADDRESS ID SOFTWARE RENEWAL: PLANNING 9163 REFRESHMENTS: HR MANAGER'S MTG Vaught 05/07/24 CDBG SUBRECIPIENT AGREEMENT: VAUGHT 1800.104-1805.103 TCSD INSTRUCTOR EARNINGS 3700.106-3710.106 TCSD INSTRUCTOR EARNINGS 2671/Apr-b MISC HRDWR SUPPLIES: CIVIC CTR 2706/Apr SMALL TOOLS/EQUIP: AQUATICS: PW 2634/May SMALL TOOLS & EQUIP: FIRE 2824/May SMALL TOOLS/EQUIP: SPORTS: TCSD 2818/May SMALL TOOLS/EQUIP: COMM DEV 2870/May-a SMALL TOOLS & EQUIPMENT: TCC 2870/May-b SMALL TOOLS & EQUIPMENT: EM 2644/May-a SMALL TOOLS & EQUIP: FIRE 426124301546 MED EMPLOYMENT SCREENING: HR 15613 PA-440 RENEWAL: DMV: ITSS 1546 PROMOTIONAL VIDEOGRAPHY SVCS: CM 8361 ENG PLAN CHECK SRVCS: LAND DEV: PW May 2024 UMPIRE OFFICIATING SVCS: CITY ADULT SOFTBALL 7926 REFRESHMENTS: DC LOBBYING: CMO 7983 REFRESHMENTS: DC LOBBYING: CMO 1633 HARDWARE SUPPLIES: PAINT: COM DEV RENOVATION 9886 HARDWARE SUPPLIES: PAINT: COM DEV RENOVATION 3270 SUPPLIES: RESOURCE CENTER: TCSD 9594 CEILING FAN: JRC: PW 6007 HARDWARE SUPPLIES: CIVIC CTR: PW COT_COMSERV_0524 MILITARY BANNER PROGRAM: TCSD COT_ECONDEV_0624 CHRISTMAS BANNER DESIGN: ED COT_COMSERV_0624 MILITARY BANNER PROGRAM: TCSD 0877 LODGING: LEAGUE OF CA CITIES SUMMIT 1677 LODGING: CAL CITIES CITY LEADERS SUMMIT: CC 0250 REFRESHMENTS: CAL CITIES LEADERS SUMMIT 1356 LODGING: CAL CITY CITY LEADERS SUMMIT 5502 LODGING: CAL CITIES CITY LEADERS SUMMIT: CC 0812 LODGING: CAL CITY CITY LEADERS SUMMIT: CMO 8056 LODGING: CAL CITIES CITY LEADERS SUMMIT: CC 7490 VEHICLE & EQUIPMENT REPAIR: STREET MAINT: PW 7491 VEHICLE & EQUIPMENT REPAIR: STREET MAINT: PW 7482 VEHICLE & EQUIPMENT REPAIR: STREET MAINT: PW 260604 APR COPIER MAINT/REPAIR/USAGE: CITYWIDE 260603 APR COPIER MAINT/REPAIR/USAGE: CITYWIDE Ben350220 STATE TAX PAYMENT Ben350239 STATE TAX PAYMENT Ben350216 FEDERAL TAX PAYMENT Ben350237 FEDERAL TAX PAYMENT INV730754 FSA & COBRA ADMIN FEES: HR INV0622473 EZ UP PYRAMID SHELTER: CRC: TCSD 6912 MEMBERSHIP RENEWAL: EM 5058 REGISTRATION: CONFERENCE: ECO DEV 6086749 APR ENTERPRISES 911 SVC: INFO TECH 8951 SUBSCRIPTION: PROMO IMAGES: TCSD 3884 SUBSCRIPTION: PROMO IMAGES: TCSD Ben350265 EMPLOYEE CHARITY DONATIONS PAYMENT 3119 REFRESHMENTS: TEAM PACE EVENT: 04/15/24 3697 PROMOTIONAL VIDEOGRAPHY SERVICES: CM 3698 EOC TRAINING VIDEO PSPS: EM 22285 COMMUNITY RECREATION CENTER SPLASH PAD 7534 REFRESHMENTS: ROD RUN EOC STAFF 1996 REFRESHMENTS: CULTURE DAY: TVM 6517 REFRESHMENTS: CAL CITIES CITY LEADERS SUMMIT: CC 2054 REFRESHMENTS: CAL CITIES CITY LEADERS SUMMIT: CC 68955 BUSINESS CARDS: CODE ENFORCEMENT 11630409 MISC PAPER SUPPLIES: CENTRAL SERVICES Payment Type Wire Wire Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check EFT Posted Wire EFT Posted EFT Posted EFT Posted Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check EFT Posted Printed Check EFT Posted EFT Posted EFT Posted Wire Wire Wire Wire Wire Wire Wire EFT Posted EFT Posted EFT Posted Wire Wire Wire Wire Wire Wire Wire EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted Wire Wire Wire Wire Printed Check EFT Posted Wire Wire EFT Posted Wire Wire EFT Posted Wire Printed Check Printed Check EFT Posted Wire Wire Wire Wire EFT Posted Printed Check Invoice Net 121.25 82.78 241.50 44.15 261.66 467.63 299.06 5,212.28 9,882.81 150.78 6,283.33 378.00 966.00 103.30 1,986.80 156.57 612.49 58.74 693.21 207.34 8.47 2,000.00 1,065.00 1,377.50 1,225.00 3,654.00 31.95 88.64 556.93 4.18 140.04 1,010.57 179.84 170.00 1,275.00 361.25 532.18 548.18 60.00 532.18 532.18 532.18 532.18 220.50 147.00 294.00 437.38 7,875.58 48,496.75 49,885.94 144,619.17 146,353.34 460.25 3,133.31 199.00 (750.00) 322.50 120.00 120.00 40.00 700.00 2,775.00 3,300.00 19,413.00 96.20 287.19 25.67 26.84 92.58 1,510.73 Check # Check Date Vendor # Vendor Name 302382 6/13/2024 1933 KELLY SPICERS INC 602882 6/20/2024 3754 KIMLEY HORN AND ASSOCIATES INC 302412 6/20/2024 3304 KOSMONT REAL ESTATE SERVICES 602794 6/13/2024 1975 KRACH BREE B 16762 6/7/2024 3850 LA MICHOACANA ICE CREAM TEMECULA 302328 6/5/2024 1136 LAKE ELSINORE ANIMAL FRIENDS 302328 6/5/2024 1136 LAKE ELSINORE ANIMAL FRIENDS 602883 6/20/2024 3715 LAND FORMS LANDSCAPE CONSTRUCTION INC 16667 6/7/2024 3817 LAZY DOG RESTAURANT 16792 6/7/2024 1965 LEAGUE OF AMERICAN BICYCLISTS 602709 6/6/2024 1050 LEIGHTON CONSULTING INC 602795 6/13/2024 1050 LEIGHTON CONSULTING INC 602795 6/13/2024 1050 LEIGHTON CONSULTING INC 602884 6/20/2024 1050 LEIGHTON CONSULTING INC 602796 6/13/2024 1320 LIEBERT CASSIDY WHITMORE 602796 6/13/2024 1320 LIEBERT CASSIDY WHITMORE 602796 6/13/2024 1320 LIEBERT CASSIDY WHITMORE 16580 5/7/2024 1216 LIFE ASSIST INC 602885 6/20/2024 1216 LIFE ASSIST INC 16595 4/29/2024 2082 LILLIG REBECCA 16627 5/29/2024 3829 LITTLE FREE LIBRARY 302329 6/5/2024 1923 LLOYDS DESIGNS 602710 6/6/2024 3353 LOAMIC BUILDERS INC 602797 6/13/2024 3353 LOAMIC BUILDERS INC 602886 6/20/2024 3353 LOAMIC BUILDERS INC 16665 6/7/2024 3816 LONGHORN STEAKHOUSE 602887 6/20/2024 3198 LOOMIS ARMORED US LLC 16556 4/22/2024 2212 LUNA GRILL 16790 6/7/2024 2212 LUNA GRILL 16707 6/7/2024 2271 LYFT 16708 6/7/2024 2271 LYFT 16723 6/7/2024 2271 LYFT 16728 6/7/2024 2271 LYFT 16729 6/7/2024 2271 LYFT 302413 6/20/2024 1302 M AND J PAUL ENTERPRISES INC 302413 6/20/2024 1302 M AND J PAUL ENTERPRISES INC 302330 6/5/2024 1806 M C I COMM SERVICE 302330 6/5/2024 1806 M C I COMM SERVICE 16586 5/7/2024 1410 MACARONI GRILL 302271 5/30/2024 1224 MAIN STREET SIGNS 302271 5/30/2024 1224 MAIN STREET SIGNS 302331 6/5/2024 1224 MAIN STREET SIGNS 302331 6/5/2024 1224 MAIN STREET SIGNS 302384 6/13/2024 1224 MAIN STREET SIGNS 302414 6/20/2024 1224 MAIN STREET SIGNS 302272 5/30/2024 1039 MAINTENANCE SUPERINTENDENT ASSOCIATION 302272 5/30/2024 1039 MAINTENANCE SUPERINTENDENT ASSOCIATION 602798 6/13/2024 1250 MAINTEX INC 602711 6/6/2024 1243 MANALILI DE VILLA AILEEN 602642 5/30/2024 2619 MARIPOSA TREE MANAGEMENT INC 602712 6/6/2024 2376 MARK THOMAS AND COMPANY INC 602712 6/6/2024 2376 MARK THOMAS AND COMPANY INC 302273 5/30/2024 1996 MATCHETT VIVIAN 16571 5/14/2024 2388 MATRIX TELECOM LLC 16570 5/17/2024 3800 MCGOWAN ANTHONIE 602713 6/6/2024 2057 MDG ASSOCIATES INC 602713 6/6/2024 2057 MDG ASSOCIATES INC 602799 6/13/2024 2057 MDG ASSOCIATES INC 602643 5/30/2024 3717 MERIDIAN RAPID DEFENSE GROUP RENTALS LLC 16651 6/7/2024 3647 MGM GRAND 16652 6/7/2024 3647 MGM GRAND 16653 6/7/2024 3647 MGM GRAND 16719 6/7/2024 3647 MGM GRAND 16713 6/7/2024 3845 MI CASA 602800 6/13/2024 2259 MICHELLE MEDINA 602644 5/30/2024 1777 MIDWEST TAPE LLC 602644 5/30/2024 1777 MIDWEST TAPE LLC 602801 6/13/2024 1777 MIDWEST TAPE LLC 602645 5/30/2024 1327 MIKES PRECISION WELDING INC 602645 5/30/2024 1327 MIKES PRECISION WELDING INC Invoice Description 11630333 MISC PAPER SUPPLIES: CENTRAL SERVICES 095382005-0424 REDHAWK SPECIFIC PLAN- CEQA REVIEW PA23-0327 2308.2-007 SURPLUS LAND ACT CONSULTING SVCS 200431 AWARDS/ROD RUN: SPECIAL EVENTS: TCSD 0075 REFRESHMENTS: TEAM PACE EVENT: HR May'24 MAY ANIMAL CONTROL SVCS: TEMECULA FY 23/24 CSF COMMUNITY SERVICE FUNDING REINVESTMENT 573-05-2405 DOG PARK RENOVATION: CIP: PW 3447 REFRESHMENTS: CITY COUNCIL MTG 04/23/24 0095 MEMBERSHIP RENEWAL: PLANNING 62409 CONSULTANT SVC: TRAFFIC SIGNAL SYS UPGRADE PW19-09 62400 CONSULTANT SVCS: PW 18-16 62588 GEOTECHNICAL SVCS: PA24-0023 SERAPHINA 62587 CONSULTANT SVCS: PW21-07 267464 APR HR LEGAL SVCS FOR TE060-00001 267946 APR HR LEGAL SVCS FOR TE060-00023 268020 APR HR LEGAL SVCS FOR TE060-00022 0377 AED CABINETS & SIGNS: RISK MGMT 1437575 CPR PROGRAM SUPPLIES: MEDIC 5516 REFRESHMENTS: PROMO ITEMS: ICSC CONVENTION 8005 MOUNTING POST: MRC: TCSD 1277 COVERS AND INVITATIONS: TCSD 4 PW23-17 Revised CITYWIDE CONCRETE REPAIRS 4 PW22-17 Ret Rel RETENTION REL: CONTRACT WITTHOLDING: 2023-409E 5 PW23-17 CITYWIDE CONCRETE REPAIRS 9477 REFRESHMENTS: OUTREACH TEAM MTG: 05/08/24 13506339 ARMORED CAR SVCS: FINANCE 7141 REFRESHMENTS: THEATER HOSPITALITY: TCSD 0727 REFRESHMENTS: PLANNING COMMISSION MTG 4/17 3414 TRANSPORTATION: CAL CITIES CITY LEADERS SUMMIT: CC 1606 TRANSPORTATION: CAL CITIES CITY LEADERS SUMMIT: CC 8248 TRANSPORTATION: CAL CITIES CITY LEADERS SUMMIT: CC 3290 TRANSPORTATION: MTG CCMF LOBBYING: CMO 3470 TRANSPORTATION: MTG CCMF LOBBYING: CIAO 042724 City of Temec JUMPER GAME RENTALS- SPECIAL EVENTS 051824 City of Temec JUMPER GAME RENTALS- SPECIAL EVENTS MAY 7DK90589 MAY 7DK90589 XXX-3046 GEN USAGE MAY 7DK89878 MAY 7DK89878 XXX-0714 USAGE MALL PD 0971 REFRESHMENTS: CITY COUNCIL MTG 04/09 44455 SIGNS: CIAO 44516 CITY STREET NAME SIGN: HR 44655 VARIOUS SIGNS & SUPPLIES: STREET MAINT 44643 CITY STREET NAME SIGN: HR 44595 PARKING SIGNS: CIVIC CENTER GARAGE: PW 44731 CITY STREET NAME SIGN: HR Jun24T-052024-0320-0 REGISTRATION: TRAFFIC CONTROL & FLAGGING TRAINING Jun24T-052024-0319-0 REGISTRATION: TRAFFIC CONTROL & FLAGGING TRAINING 1086714-00 JANITORIAL SUPPLIES: FACILITY MAINT 1204.104-1206.104 TCSD INSTRUCTOR EARNINGS 3477 EMERGENCY SLOPE TREE SERVICES 51328 CHERRY ST EXTENSION & MURRIETA CREEK LOW FLOW 51307 ENG & CONSTRUCTION SVC: CONGESTION RELIEF: PW19- 1320.109-1320.110 TCSD INSTRUCTOR EARNINGS 1198095916 APR 800 SERVICES: CIVIC CENTER Refund: 143306 REFUND: DUPLICATE PAYMENT ENERGOV INV 143306 18483 APR CDBG ADMINISTRATION SVCS: COMM DEV 18485 APR ADA LABOR COMPLIANCE: PW22-08 18484 APR ADA LABOR COMPLIANCE SVCS: PW18-16 INV-R-5280b BARRIERS RENTALS: ROD RUN: RM 4399 TRANS FEE: HOTEL RESERVATION: ECO DEV 4407 TRANS FEE: HOTEL RESERVATION: ECO DEV 2779 LODGING: ICSC CONVENTION: ECO DEV 1466 LODGING: ICSC CONFERENCE: CC 8825 REFRESHMENTS: CAL CITIES CITY LEADERS SUMMIT: CC 1040.105 2nd half TCSD INSTRUCTOR EARNINGS 505447583 BOOKS ON TAPE: TCSD 505416928 BOOKS ON TAPE: TCSD 505479888 BOOKS ON TAPE: TPL 407917 WELDING SERVICES: PARKS 407929 WELDING SERVICES: PARKS Payment Type Printed Check EFT Posted Printed Check EFT Posted Wire Printed Check Printed Check EFT Posted Wire Wire EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted Wire EFT Posted Wire Wire Printed Check EFT Posted EFT Posted EFT Posted Wire EFT Posted Wire Wire Wire Wire Wire Wire Wire Printed Check Printed Check Printed Check Printed Check Wire Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted Printed Check Wire Wire EFT Posted EFT Posted EFT Posted EFT Posted Wire Wire Wire Wire Wire EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted Invoice Net 143.31 6,276.34 1,482.00 3,150.49 450.00 10,762.50 40,000.00 408,559.74 283.33 50.00 146.00 4,108.25 4,590.00 5,049.30 2,140.00 9,280.70 15,223.00 642.22 610.81 240.00 616.18 3,000.00 68,775.53 7,955.68 80,532.34 162.05 1,334.46 157.19 286.04 22.41 13.98 35.08 3.00 28.82 2,835.00 2,090.00 35.65 36.50 263.18 404.35 77.81 181.13 77.81 148.39 77.81 100.00 100.00 2,431.33 840.00 29,473.29 1,461.50 7,358.01 546.00 69.60 6,129.52 6,892.75 153.75 1,380.75 5,006.00 17.01 17.01 904.76 452.38 26.68 1,649.20 38.05 142.73 38.05 1,170.00 660.00 Check # Check Date Vendor # Vendor Name 602714 6/6/2024 1327 MIKES PRECISION WELDING INC 602888 6/20/2024 1327 MIKES PRECISION WELDING INC 302270 5/30/2024 1052 MILLENNIUM OPERATIONS LLC 602802 6/13/2024 1681 MIRANDA JULIO CESAR 602646 5/30/2024 1241 MISSION ELECTRIC SUPPLY INC 602646 5/30/2024 1241 MISSION ELECTRIC SUPPLY INC 602715 6/6/2024 1241 MISSION ELECTRIC SUPPLY INC 602715 6/6/2024 1241 MISSION ELECTRIC SUPPLY INC 602715 6/6/2024 1241 MISSION ELECTRIC SUPPLY INC 602803 6/13/2024 1241 MISSION ELECTRIC SUPPLY INC 602803 6/13/2024 1241 MISSION ELECTRIC SUPPLY INC 602803 6/13/2024 1241 MISSION ELECTRIC SUPPLY INC 602889 6/20/2024 1241 MISSION ELECTRIC SUPPLY INC 602889 6/20/2024 1241 MISSION ELECTRIC SUPPLY INC 16458 4/9/2024 2356 MISSIONSQUARE RETIREMENT 106474 16489 5/9/2024 2356 MISSIONSQUARE RETIREMENT 106474 16603 5/23/2024 2356 MISSIONSQUARE RETIREMENT 106474 16490 5/9/2024 1011 MISSIONSQUARE RETIREMENT 303355 16604 5/23/2024 1011 MISSIONSQUARE RETIREMENT 303355 602716 6/6/2024 1118 MIYAMOTO JURKOSKY SUSAN 602716 6/6/2024 1118 MIYAMOTO JURKOSKY SUSAN 302385 6/13/2024 1616 MOORE IACOFANO GOLTSMAN INC 602647 5/30/2024 1240 MORAMARCO ANTHONY J 602804 6/13/2024 1240 MORAMARCO ANTHONY J 602805 6/13/2024 1240 MORAMARCO ANTHONY J 602890 6/20/2024 1240 MORAMARCO ANTHONY J 602891 6/20/2024 1240 MORAMARCO ANTHONY J 16579 5/7/2024 3747 MURRIETA HOT SPRINGS RESORT 16643 5/29/2024 2248 MURRIETA WILDOMAR CHAMBER OF COMMERCE 16709 6/7/2024 2248 MURRIETA WILDOMAR CHAMBER OF COMMERCE 16717 6/7/2024 2248 MURRIETA WILDOMAR CHAMBER OF COMMERCE 16726 6/7/2024 2248 MURRIETA WILDOMAR CHAMBER OF COMMERCE 16749 6/7/2024 2248 MURRIETA WILDOMAR CHAMBER OF COMMERCE 602648 5/30/2024 1281 MUSCO SPORTS LIGHTING LLC 602648 5/30/2024 1281 MUSCO SPORTS LIGHTING LLC 602892 6/20/2024 2081 MUSIC CONNECTION LLC 602893 6/20/2024 2268 MUSSON THEATRICAL INC 16569 4/22/2024 3445 MVP MEDIA NETWORK 16720 6/7/2024 3248 NALIPOPISH 302274 5/30/2024 2032 NATIONAL SAFETY COMPLIANCE INC 16484 5/9/2024 1038 NATIONWIDE RETIREMENT SOLUTION 16485 5/9/2024 1088 NATIONWIDE RETIREMENT SOLUTION 16486 5/9/2024 2086 NATIONWIDE RETIREMENT SOLUTION 16599 5/23/2024 1088 NATIONWIDE RETIREMENT SOLUTION 16605 5/23/2024 2086 NATIONWIDE RETIREMENT SOLUTION 16606 5/23/2024 1038 NATIONWIDE RETIREMENT SOLUTION 16566 4/22/2024 2255 NETFLIX.COM 16636 5/29/2024 2255 NETFLIX.COM 602649 5/30/2024 2578 NIEVES LANDSCAPE INC 602718 6/6/2024 2578 NIEVES LANDSCAPE INC 602718 6/6/2024 2578 NIEVES LANDSCAPE INC 602718 6/6/2024 2578 NIEVES LANDSCAPE INC 602718 6/6/2024 2578 NIEVES LANDSCAPE INC 602806 6/13/2024 2578 NIEVES LANDSCAPE INC 602806 6/13/2024 2578 NIEVES LANDSCAPE INC 602806 6/13/2024 2578 NIEVES LANDSCAPE INC 602806 6/13/2024 2578 NIEVES LANDSCAPE INC 602806 6/13/2024 2578 NIEVES LANDSCAPE INC 602806 6/13/2024 2578 NIEVES LANDSCAPE INC 602806 6/13/2024 2578 NIEVES LANDSCAPE INC 602806 6/13/2024 2578 NIEVES LANDSCAPE INC 602806 6/13/2024 2578 NIEVES LANDSCAPE INC 602806 6/13/2024 2578 NIEVES LANDSCAPE INC 602807 6/13/2024 2578 NIEVES LANDSCAPE INC 602807 6/13/2024 2578 NIEVES LANDSCAPE INC 602807 6/13/2024 2578 NIEVES LANDSCAPE INC 602807 6/13/2024 2578 NIEVES LANDSCAPE INC 602807 6/13/2024 2578 NIEVES LANDSCAPE INC 602807 6/13/2024 2578 NIEVES LANDSCAPE INC 602807 6/13/2024 2578 NIEVES LANDSCAPE INC Invoice Description 408148 WELDING SVCS: BACKFLOW CAGE: VAIL RANCH SLOPE 408136 WELDING SERVICES: PARKS: PW 044RC11008042 EXCURSION: SUMMER DAY CAMP: TCSD 3600.106-3630.106 TCSD INSTRUCTOR EARNINGS 521976-00 LIGHT FIXTURES: RRSP: PWPI-14 523038-00 ELECTRICAL SUPPLIES: CIVIC CTR 523279-00 ELECTRICAL SUPPLIES: CIVIC CTR 523310-03 ELECTRICAL SUPPLIES: PARKS 523570-00 ELECTRICAL SUPPLIES: FOC 523784-00 ELECTRICAL SUPPLIES: CRC: PW 523785-00 ELECTRICAL SUPPLIES: CRC: PW 522726-00 ELECTRICAL SUPPLIES: FIRE STATIONS 520271-02 ELECTRICAL SUPPLIES: OLD TOWN: PW 523335-00 ELECTRICAL SUPPLIES: CIVIC CTR Ben350191 ICMA-401(A) RETIREMENT PLAN PAYMENT Ben350222 ICMA-401(A) RETIREMENT PLAN PAYMENT Ben350243 ICMA-401(A) RETIREMENT PLAN PAYMENT Ben350224 ICMA-RC RETIREMENT TRUST 457 PAYMENT Ben350245 ICMA-RC RETIREMENT TRUST 457 PAYMENT 2905.102 TCSD INSTRUCTOR EARNINGS 2900.103-2900.104 TCSD INSTRUCTOR EARNINGS 0086299 QLMP DIGITAL DASHBOARD SOFTWARE MAINT (LR21-0021) 2047.106 TCSD INSTRUCTOR EARNINGS O5/20/24 ART EVENTS & MURALS: TVM: TCSD 2040.105-2045.105 TCSD INSTRUCTOR EARNINGS O5/19/24 ART EVENTS & MURALS: TVM: TCSD 2047.106-2050.201 TCSD INSTRUCTOR EARNINGS 0871 EMPLOYEE RECOGNITION: WELLNESS PRGM 4154 REGISTRATION: STATE OF THE CITY: ECO DEV 0238 REGISTRATION: STATE OF THE CITY: CC 8243 REGISTRATION: STATE OF THE CITY: CC 6871 REGISTRATION: STATE OF THE CITY: CIVIC, 2404 REGISTRATION: STATE OF THE CITY: CC 423625 CONTROL LINK SERVICE FEE: PARKS: PW 423780 SOCCER FIELD RELAMPING: PHBSP: PWPI-14 Sttlmnt: 06/10/24 SPEAKEASY @ THE MERC 06/08/24 00473708 SOUND/LIGHTING SUPPLIES: THEATER 0905 REGISTRATION: SOCIAL MEDIA STRATEGIC SUMMIT 0050 EVENT DECOR: STATE OF THE CITY 97763 DOT: RISK/HR Ben350230 OBRA- PROJECT RETIREMENT PAYMENT Ben350212 NATIONWIDE RETIREMENT PAYMENT Ben350226 NATIONWIDE LOAN REPAYMENT PAYMENT Ben350233 NATIONWIDE RETIREMENT PAYMENT Ben350247 NATIONWIDE LOAN REPAYMENT PAYMENT Ben350251 OBRA - PROJECT RETIREMENT PAYMENT 5053 MONTHLY SVC CHARGE: TEEN ROOM: CRC 8695 MONTHLY SVC CHARGE: TEEN ROOM: CRC 77403 LANDSCAPE SVCS: FIRE STATIONS 77733 IRRIGATION REPAIRS: REDHAWK DOG PARK: PW 77723 IRRIGATION REPAIRS: REDHAWK DOG PARK: PW 77738 IRRIGATION REPAIR: MARGARITA MEDIAN: PW 77732 IRRIGATION REPAIRS: REDHAWK DOG PARK: PW 77626 LANDSCAPE MAINTENANCE SVCS: FACILITIES: PW 77855 REPAIR: REDHAWK MEDIAN: PW 77625 LANDSCAPE SVCS: FIRE STATIONS 77629 LANDSCAPE SVCS: HARVESTON LAKE :PW 77853 IRRIGATION REPAIRS: MIKE NAGGAR PARK: PW 77847 IRRIGATION REPAIRS: VARIOUS SLOPES: PW PARKS 77854 LANDSCAPE SVCS: VARIOUS PARKS: PW 77852 IRRIGATION REPAIRS: VARIOUS CITY PARKS: PW 77850 IRRIGATION REPAIRS: VARIOUS CITY PARKS: PW 77740 IRRIGATION REPAIRS: S-05 SIGNET SERIES SLOPE: PW 77845 IRRIGATION REPAIRS: VARIOUS SLOPES: PW PARKS 77839 IRRIGATION REPAIRS: MEADOWS PKWY MEDIANS: PW 77846 IRRIGATION REPAIRS: VARIOUS SLOPES: PW PARKS 77834 IRRIGATION REPAIRS: PARKS: PW 77841 IRRIGATION REPAIRS: SLOPES: PW 77836 IRRIGATION REPAIRS: PARKS: PW 77849 IRRIGATION REPAIRS: VARIOUS CITY PARKS: PW Payment Type EFT Posted EFT Posted Printed Check EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted Wire Wire Wire Wire Wire EFT Posted EFT Posted Printed Check EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted Wire Wire Wire Wire Wire Wire EFT Posted EFT Posted EFT Posted EFT Posted Wire Wire Printed Check Wire Wire Wire Wire Wire Wire Wire Wire EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted Invoice Net 400.00 970.00 9,358.00 1,705.20 20,848.21 286.58 733.15 5.17 28.79 275.87 267.51 73.00 570.63 290.58 5,884.62 442.18 2,153.85 21,453.26 18,965.35 455.00 728.00 240.00 63.00 400.00 791.00 750.00 1,990.80 500.00 120.00 60.00 60.00 240.00 60.00 5,700.00 20,269.88 481.60 4,547.82 549.00 1,957.00 299.80 5,725.56 17,882.93 427.79 17,882.93 427.79 8,807.80 11.99 11.99 2,068.00 537.78 509.50 317.56 416.46 11,245.00 904.12 2,068.00 4,031.00 3,528.02 631.54 2,825.00 498.00 499.93 505.95 341.12 201.99 345.64 238.90 395.14 265.96 301.47 Check # Check Date Vendor # Vendor Name 602807 6/13/2024 2578 NIEVES LANDSCAPE INC 602807 6/13/2024 2578 NIEVES LANDSCAPE INC 602807 6/13/2024 2578 NIEVES LANDSCAPE INC 602808 6/13/2024 2578 NIEVES LANDSCAPE INC 602808 6/13/2024 2578 NIEVES LANDSCAPE INC 602808 6/13/2024 2578 NIEVES LANDSCAPE INC 602808 6/13/2024 2578 NIEVES LANDSCAPE INC 602808 6/13/2024 2578 NIEVES LANDSCAPE INC 602894 6/20/2024 2578 NIEVES LANDSCAPE INC 602894 6/20/2024 2578 NIEVES LANDSCAPE INC 602894 6/20/2024 2578 NIEVES LANDSCAPE INC 602894 6/20/2024 2578 NIEVES LANDSCAPE INC 602894 6/20/2024 2578 NIEVES LANDSCAPE INC 602894 6/20/2024 2578 NIEVES LANDSCAPE INC 602894 6/20/2024 2578 NIEVES LANDSCAPE INC 602894 6/20/2024 2578 NIEVES LANDSCAPE INC 602894 6/20/2024 2578 NIEVES LANDSCAPE INC 602894 6/20/2024 2578 NIEVES LANDSCAPE INC 302275 5/30/2024 2571 NORMAN A TRAUB & ASSOCIATES LLC 602650 5/30/2024 1819 NPG INC 302333 6/5/2024 1013 NUTRIEN AG SOLUTIONS INC 602719 6/6/2024 1511 NV51NC 16597 4/29/2024 1654 OAK GROVE INSTITUTE FOUNDATION 16610 5/7/2024 1654 OAK GROVE INSTITUTE FOUNDATION 16718 6/7/2024 1654 OAK GROVE INSTITUTE FOUNDATION 602651 5/30/2024 2496 OLD TOWN TIRE AND SERVICE INC 602651 5/30/2024 2496 OLD TOWN TIRE AND SERVICE INC 602720 6/6/2024 2496 OLD TOWN TIRE AND SERVICE INC 602720 6/6/2024 2496 OLD TOWN TIRE AND SERVICE INC 602720 6/6/2024 2496 OLD TOWN TIRE AND SERVICE INC 602720 6/6/2024 2496 OLD TOWN TIRE AND SERVICE INC 602720 6/6/2024 2496 OLD TOWN TIRE AND SERVICE INC 602720 6/6/2024 2496 OLD TOWN TIRE AND SERVICE INC 602720 6/6/2024 2496 OLD TOWN TIRE AND SERVICE INC 602720 6/6/2024 2496 OLD TOWN TIRE AND SERVICE INC 602720 6/6/2024 2496 OLD TOWN TIRE AND SERVICE INC 602809 6/13/2024 2496 OLD TOWN TIRE AND SERVICE INC 602809 6/13/2024 2496 OLD TOWN TIRE AND SERVICE INC 602809 6/13/2024 2496 OLD TOWN TIRE AND SERVICE INC 602895 6/20/2024 2496 OLD TOWN TIRE AND SERVICE INC 16641 5/29/2024 3385 OMNI HOTEL AND RESORTS 302276 5/30/2024 100 ONE TIME PAY VENDOR- ENERGOV 302386 6/13/2024 100 ONETIME PAY VENDOR- ENERGOV 16689 6/7/2024 1400 ONTARIO AIRPORT PARKING LOT 16725 6/7/2024 1400 ONTARIO AIRPORT PARKING LOT 16730 6/7/2024 1400 ONTARIO AIRPORT PARKING LOT 16747 6/7/2024 1400 ONTARIO AIRPORT PARKING LOT 602810 6/13/2024 3294 ORANGE TREE EMPLOYMENT SCREENING LLC 602811 6/13/2024 1488 ORIGINAL WATERMEN INC 602896 6/20/2024 1488 ORIGINAL WATERMEN INC 602896 6/20/2024 1488 ORIGINAL WATERMEN INC 16662 6/7/2024 3815 OUTDOOR GEAR EXCHANGE 602812 6/13/2024 3281 PATTON CAMERON 16541 5/7/2024 1401 PAYPAL 16560 4/22/2024 1401 PAYPAL 16613 5/29/2024 1401 PAYPAL 16625 5/29/2024 1401 PAYPAL 16637 5/29/2024 1401 PAYPAL 16682 6/4/2024 1401 PAYPAL 16757 6/7/2024 1401 PAYPAL 16776 6/7/2024 1401 PAYPAL 16722 6/7/2024 3847 PAZZA NOTTE 302334 6/5/2024 1214 PECHANGA BAND OF LUISENO MISSION INDIANS 302335 6/5/2024 3462 PECHANGA RESORTS INCORPORATED 16748 6/7/2024 3486 PEETS COFFEE 16703 6/7/2024 3453 PENNISIS DELI 16711 6/7/2024 3453 PENNISIS DELI 16721 6/7/2024 3453 PENNISIS DELI 16741 6/7/2024 3453 PENNISIS DELI 302277 5/30/2024 2011 PERPETUAL PARKS & PLAYGROUNDS Invoice Description 77842 IRRIGATION REPAIRS: VARIOUS SLOPES: PW PARKS 77838 IRRIGATION REPAIRS: MEADOWS PKWY MEDIANS: PW 77851 IRRIGATION REPAIRS: VARIOUS CITY PARKS: PW 77833 IRRIGATION REPAIRS: PARKS: PW 77837 IRRIGATION REPAIRS: PARKS: PW 77835 IRRIGATION REPAIRS: PARKS: PW 77739 IRRIGATION REPAIRS: OLD TOWN THEATER: PW 77631 LANDSCAPE MAINTENANCE SERVICES LEVEL C SLOPES 77978 IRRIGATION REPAIRS: HARVESTON SLOPE: PW 77627 LANDSCAPE SVCS: PARKS AND MEDIANS :PW 77848 LANDSCAPE SVCS: PASEO DEL SOL MEDIAN: PW 77632 LANDSCAPE SVCS: PARKS AND MEDIANS: PW 77628 LANDSCAPE SVCS: PARKS AND MEDIANS: PW 77840 IRRIGATION REPAIRS: SLOPES: PW 77843 IRRIGATION REPAIRS: VARIOUS SLOPES: PW PARKS 77630 LANDSCAPE MAINTENANCE SERVICES LEVEL C SLOPES: PW 77947 LANDSCAPE SVCS: TEM ROD RUN: TCSD 778" IRRIGATION REPAIRS: VARIOUS SLOPES: PW PARKS 24004 WRKPLACE INVESTIGATIONS: HR 1122823 PAVING SVCS: OLD TOWN FRONT ST: PW 457068 TOOL & EQUIP STREET MAINTENANCE: PW 388502 PROJ MGMT SVCS: APRIL 2024 MRC: PW17-21 2813 REFRESHMENTS: PROMO ITEMS: CC 1820 REGISTRATION: UNDER THE OAKS FUNDRAISER: CC 8830 REGISTRATION: UNDER THE OAKS FUNDRAISER: CC 75205 VEHICLE MAINTENANCE: EM 74953 VEHICLE MAINTENANCE - PARKS & FACILITIES 75203 VEHICLE MAINTENANCE - PARKS & FACILITIES: PW 75215 VEHICLE MAINT: CODE ENFORCEMENT 75225 VEHICLE MAINTENANCE - STREET MAINTENANCE: PW 74829 VEHICLE MAINTENANCE - PARKS & FACILITIES 75183 VEHICLE MAINTENANCE - PARKS & FACILITIES: PW 75214 VEHICLE MAINTENANCE - PARKS & FACILITIES: PW 75218 VEHICLE MAINT: PW - CIP 75169 VEHICLE MAINT & REPAIRS:IT 75207 VEHICLE MAINTENANCE - STREET MAINTENANCE: PW 75251 VEHICLE MAINTENANCE: TRAFFIC: PW 75206 VEHICLE MAINTENANCE: EM 75284 VEHICLE MAINTENANCE: FIRE 75356 SERVICE TO BUS & VAN: MPSC: TCSD 4880 LODGING: GOVT SOCIAL MEDIA CONFERENCE: ECO DEV Refund: LD16-2764 REFUND: ENGINEERING DEPOSIT: LD16-2764 Refund: 70070964 REFUND: YOUTH MUSICAL THEATER PRODUCTION 9319 PARKING: CAL CITIES CITY LEADERS SUMMIT: CC 0181 PARKING: CAL CITY CITY LEADERS SUMMIT: CMO 2326 PARKING: CCMF LOBBYING: CMO 7271 PARKING: CAL CITIES CITY LEADERS SUMMIT: CC 63774 TVE2 BACKGROUND CHECKS: COMSP 88887 RASHGUARDS & SHORTS: SUMMER DAY CAMP: TCSD 89819 LIFEGUARD UNIFORMS: TCSD 88049 RASH GUARDS: AQUATICS: TCSD 7750 SUPPLIES: STAFF: TCSD 102 ADULT BASKETBALL REFEREE ASSIGNOR: TCSD 5143 LEAC REFUND: PW 1464 VERISIGN PAYFLOW PRO TRANSACTION: TCSD 2492 COSTUME: AQUATICS: TCSD 1379 VERISIGN PAYFLOW PRO TRANSACTION: TCSD 2492a COSTUME: AQUATICS: TCSD 6988 REGISTRATION: EXPLORER COMPETITION: SHERIFF 0277 VERISIGN PAYFLOW PRO TRANSACTION 4065 REGISTRATION: LAW ENFORCMNT APPRECIATION COMMITTEE 0684 REFRESHMENTS: CAL CITIES CITY LEADERS SUMMIT: CC 21713 1-15/ FRENCH VALLEY PARKWAY IMPROVEMENTS PW16-01 1700.106 - 1705.106 TCSD INSTRUCTOR EARNINGS 1251 REFRESHMENTS: CAL CITIES CITY LEADERS SUMMIT: CC 5762 REFRESHMENTS: CAL CITIES ANNUAL CONFERENCE 5911 REFRESHMENTS: CAL CITIES CITY LEADERS SUMMIT: CC 5903 REFRESHMENTS: CAL CITIES CITY LEADERS SUMMIT: CC 5473 REFRESHMENTS: CAL CITIES CITY LEADERS SUMMIT: CC 6653 PLAYGROUND INSPECTION & COMPLIANCE AUDIT: PW Payment Type EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted Printed Check EFT Posted Printed Check EFT Posted Wire Wire Wire EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted Wire Printed Check Printed Check Wire Wire Wire Wire EFT Posted EFT Posted EFT Posted EFT Posted Wire EFT Posted Wire Wire Wire Wire Wire Wire Wire Wire Wire Printed Check Printed Check Wire Wire Wire Wire Wire Printed Check Invoice Net 332.93 201.99 320.46 70.71 128.94 121.54 178.00 106.00 203.08 23,159.00 3,175.00 77,622.00 56,141.00 609.16 345.64 62,010.00 10,036.93 319.99 13,948.32 22,082.00 92.43 966.79 67.68 150.00 150.00 77.33 99.92 57.46 548.96 569.24 499.41 166.64 58.38 115.40 452.34 378.15 1,998.50 228.13 48.78 168.05 811.62 3,000.00 250.00 72.00 120.00 24.00 72.00 554.50 3,905.02 3,032.59 4,999.50 148.97 440.00 (220.00) 81.30 601.99 54.10 18.05 810.00 25.00 220.00 111.11 6,969.60 1,540.00 18.25 18.24 21.23 17.98 16.98 19,500.00 Check # Check Date Vendor # Vendor Name Invoice Description Payment Type Invoice Net 5/9/2024 1017 PERS EMPLOYEES RETIREMENT Ben350214 PERS RETIREMENT PAYMENT 5/23/2024 1017 PERS EMPLOYEES RETIREMENT Ben350235 PERS RETIREMENT PAYMENT 5/9/2024 1016 PERS HEALTH INSUR PREMIUM Ben350210 PERS HEALTH PAYMENT 5/29/2024 3049 PIZZA FACTORY 7143 REFRESHMENTS: ROD RUN EVENT: TCSD 5/30/2024 3812 PIZZA GUYS 8897 REFRESHMENTS: ROD RUN EOC STAFF 6/6/2024 2468 PLACEWORKS INC 83188 OBJECTIVE DESIGN STANDARDS AMENDMENT:LR23-0490 6/6/2024 2468 PLACEWORKS INC 83477 OBJECTIVE DESIGN STANDARDS AMENDMENT:LR23-0490 6/20/2024 2468 PLACEWORKS INC 83460 OLD TOWN PARKLETS PROGRAM: PLANNING: COMDV 6/20/2024 2179 PLAYCORE WISCONSIN INC PJI-0231938 PLAYGROUND EQUIP ENHANCEMENT: CALLE ARAGON PARK 6/20/2024 2179 PLAYCORE WISCONSIN INC PJI-0231937 PLAYGROUND EQUIP ENHANCEMENT: TEM CREEK TRAIL PARK 6/20/2024 2179 PLAYCORE WISCONSIN INC PJI-0230401 PLAYGROUND EQUIP ENHANCEMENT: CALL ARAGON 6/7/2024 3849 POSEYS GENERAL STORE 0528 REFRESHMENTS: CAL CITIES CITY LEADERS SUMMIT: CC 6/7/2024 1157 POTAMUS PRESS 0017 SUPPLIES: CERTIFICATE/PROCLAMATION FOLDERS: CLERK 5/30/2024 3271 POWERSPORTS UNLIMITED INC 47634 VEHICLE REPAIR & MAINT: TEM SHERIFF 5/30/2024 3271 POWERSPORTS UNLIMITED INC 47485 VEHICLE REPAIR & MAINT: TEM SHERIFF 5/30/2024 3271 POWERSPORTS UNLIMITED INC 47487 VEHICLE REPAIR & MAINT: TEM SHERIFF 5/30/2024 3271 POWERSPORTS UNLIMITED INC 47657 VEHICLE REPAIR & MAINT: TEM SHERIFF 5/30/2024 3271 POWERSPORTS UNLIMITED INC 47695 VEHICLE REPAIR & MAINT: TEM SHERIFF 5/30/2024 3271 POWERSPORTS UNLIMITED INC 47633 VEHICLE REPAIR & MAINT: TEM SHERIFF 5/30/2024 3271 POWERSPORTS UNLIMITED INC 47576 VEHICLE REPAIR & MAINT: TEM SHERIFF 5/30/2024 3271 POWERSPORTS UNLIMITED INC 47290 VEHICLE REPAIR & MAINT: TEM SHERIFF 5/30/2024 3271 POWERSPORTS UNLIMITED INC 47507 VEHICLE REPAIR & MAINT: TEM SHERIFF 5/30/2024 3271 POWERSPORTS UNLIMITED INC 47730 VEHICLE REPAIR & MAINT: TEM SHERIFF 5/30/2024 3271 POWERSPORTS UNLIMITED INC 47694 VEHICLE REPAIR & MAINT: TEM SHERIFF 6/6/2024 3271 POWERSPORTS UNLIMITED INC 47548 VEHICLE REPAIR & MAINT: TEM SHERIFF 6/6/2024 3271 POWERSPORTS UNLIMITED INC 47807 VEHICLE REPAIR & MAINT: TEM SHERIFF 6/6/2024 3271 POWERSPORTS UNLIMITED INC 47805 VEHICLE REPAIR & MAINT: TEM SHERIFF 6/20/2024 3271 POWERSPORTS UNLIMITED INC 47804 VEHICLE REPAIR & MAINT: TEM SHERIFF 6/20/2024 1493 PREMIER MARKETING INC 3427 FACE PAINTER & BALLOON ARTIST: CAMP SOAR: TCSD 5/29/2024 3820 PREMIER TABLE LINENS 0982 TABLE RUNNERS: CITY PROMO EVENT: CC 4/22/2024 1020 PRESS ENTERPRISE COMPANY INC 3173 SUBSCRIPTIONS: TCSD 5/7/2024 1020 PRESS ENTERPRISE COMPANY INC 3883 ONLINE SUBSCRIPTION: CITY CLERK 5/29/2024 1020 PRESS ENTERPRISE COMPANY INC 3250 SUBSCRIPTIONS: TCSD 6/7/2024 1020 PRESS ENTERPRISE COMPANY INC 3516 ONLINE SUBSCRIPTION: CITY CLERK 5/30/2024 1020 PRESS ENTERPRISE COMPANY INC 180905656B NEWSPAPER SUBSCRIPTION: PW 5/30/2024 1020 PRESS ENTERPRISE COMPANY INC 180905656A NEWSPAPER SUBSCRIPTION: PW 5/30/2024 1020 PRESS ENTERPRISE COMPANY INC 180905656D NEWSPAPER SUBSCRIPTION: PW 6/5/2024 1020 PRESS ENTERPRISE COMPANY INC 180905656C NEWSPAPER SUBSCRIPTION: PW 5/30/2024 1721 PRO ACTIVE FIRE DESIGN AND CONSULTING INC 2097 PLAN CHECKING SVCS: FIRE 6/20/2024 1721 PRO ACTIVE FIRE DESIGN AND CONSULTING INC 2105 PLAN CHECKING SVCS: FIRE 6/6/2024 1458 PRO AUTO COLLISION INC 836e8d44 VEHICLE REPAIR & MAINTENANCE: TEM SHERIFF 5/30/2024 1336 PRUDENTIAL OVERALL SUPPLY 132236766A UNIFORM: PARKS AND FACILITIES 6/6/2024 1336 PRUDENTIAL OVERALL SUPPLY 132255111 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/6/2024 1336 PRUDENTIAL OVERALL SUPPLY 132255113 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/6/2024 1336 PRUDENTIAL OVERALL SUPPLY 132253934 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/6/2024 1336 PRUDENTIAL OVERALL SUPPLY 132255112 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/6/2024 1336 PRUDENTIAL OVERALL SUPPLY 132253913 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/6/2024 1336 PRUDENTIAL OVERALL SUPPLY 132254596 UNIFORMS: STREET MAINTENANCE 6/6/2024 1336 PRUDENTIAL OVERALL SUPPLY 132253932 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/6/2024 1336 PRUDENTIAL OVERALL SUPPLY 132255781 UNIFORMS: STREET MAINTENANCE: PW 6/6/2024 1336 PRUDENTIAL OVERALL SUPPLY 132254595A UNIFORM: PARKS AND FACILITIES 6/6/2024 1336 PRUDENTIAL OVERALL SUPPLY 132255114 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/6/2024 1336 PRUDENTIAL OVERALL SUPPLY 132253920 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/6/2024 1336 PRUDENTIAL OVERALL SUPPLY 132253931 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/6/2024 1336 PRUDENTIAL OVERALL SUPPLY 132254595B UNIFORMS: STREET MAINTENANCE 6/6/2024 1336 PRUDENTIAL OVERALL SUPPLY 132254597 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/6/2024 1336 PRUDENTIAL OVERALL SUPPLY 132255097 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/6/2024 1336 PRUDENTIAL OVERALL SUPPLY 132255780B UNIFORMS: STREET MAINTENANCE: PW 6/6/2024 1336 PRUDENTIAL OVERALL SUPPLY 132255098 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/6/2024 1336 PRUDENTIAL OVERALL SUPPLY 132253919 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/13/2024 1336 PRUDENTIAL OVERALL SUPPLY 132256279 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/13/2024 1336 PRUDENTIAL OVERALL SUPPLY 132256298 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/13/2024 1336 PRUDENTIAL OVERALL SUPPLY 132255782 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/13/2024 1336 PRUDENTIAL OVERALL SUPPLY 132256285 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/13/2024 1336 PRUDENTIAL OVERALL SUPPLY 132256299 FLOOR MATS AND TOWEL RENTALS: FACILITIES: PW 6/13/2024 1336 PRUDENTIAL OVERALL SUPPLY 132256286 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/13/2024 1336 PRUDENTIAL OVERALL SUPPLY 132255079 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/13/2024 1336 PRUDENTIAL OVERALL SUPPLY 132256297 FLOOR MATS AND TOWEL RENTALS: FACILITIES 6/13/2024 1336 PRUDENTIAL OVERALL SUPPLY 132256962A UNIFORM: PARKS AND FACILITIES: PW 6/13/2024 1336 PRUDENTIAL OVERALL SUPPLY 132256300 FLOOR MATS AND TOWEL RENTALS: FACILITIES: PW Wire 180,232.57 Wire 180,511.15 Wire 210,573.93 Wire 570.00 Wire 141.84 EFT Posted 4,975.00 EFT Posted 2,891.25 EFT Posted 280.80 EFT Posted 19,890.00 EFT Posted 2,852.00 EFT Posted 36,522.64 Wire 2.07 Wire 1,723.69 EFT Posted 762.17 EFT Posted 279.26 EFT Posted 249.30 EFT Posted 755.74 EFT Posted 251.03 EFT Posted 360.60 EFT Posted 286.74 EFT Posted 1,793.37 EFT Posted 1,090.03 EFT Posted 540.90 EFT Posted 201.83 EFT Posted 3,630.12 EFT Posted 90.15 EFT Posted 90.15 EFT Posted 1,885.10 EFT Posted 465.00 Wire 436.36 Wire 18.00 Wire 14.00 Wire 18.00 Wire 14.00 Printed Check 205.88 Printed Check 205.88 Printed Check 205.87 Printed Check 205.88 EFT Posted 19,716.80 EFT Posted 16,518.30 EFT Posted 4,278.82 EFT Posted 341.82 EFT Posted 14.32 EFT Posted 19.88 EFT Posted 65.28 EFT Posted 21.43 EFT Posted 24.52 EFT Posted 54.27 EFT Posted 21.43 EFT Posted 71.58 EFT Posted 63.87 EFT Posted 65.28 EFT Posted 9.89 EFT Posted 14.32 EFT Posted 5.67 EFT Posted 10.28 EFT Posted 12.74 EFT Posted 5.67 EFT Posted 9.89 EFT Posted 12.74 EFT Posted 24.52 EFT Posted 21.43 EFT Posted 10.28 EFT Posted 12.74 EFT Posted 19.88 EFT Posted 9.89 EFT Posted 76.88 EFT Posted 14.32 EFT Posted 64.09 EFT Posted 65.28 Check # Check Date Vendor # Vendor Name 602814 6/13/2024 1336 PRUDENTIAL OVERALL SUPPLY 302337 6/5/2024 2303 PUBLIC ADVERTISING AGENCY INC 16712 6/7/2024 3844 PUBLIC HOUSE DOWNTOWN 16611 5/7/2024 3806 PUBLIC POLICY EXCHANGE 602726 6/6/2024 3783 PUGET SOUND SYSTEMS INC 302280 5/30/2024 2727 QUADIENT FINANCE USA INC 302281 5/30/2024 2124 QUICKSERIES PUBLISHING INC 302387 6/13/2024 2169 QUINN COMPANY 302282 5/30/2024 1103 R C P BLOCK AND BRICK INC 16759 6/7/2024 3822 RAISING CANES 16573 5/17/2024 1021 RANCHO CALIF WATER DISTRICT 16690 5/24/2024 1021 RANCHO CALIF WATER DISTRICT 16691 5/31/2024 1021 RANCHO CALIF WATER DISTRICT 602815 6/13/2024 1076 RANCHO TEMECULA CAR WASH 602727 6/6/2024 1537 RANDALL MANAGEMENT GROUP 602727 6/6/2024 1537 RANDALL MANAGEMENT GROUP 602816 6/13/2024 1537 RANDALL MANAGEMENT GROUP 602902 6/20/2024 1537 RANDALL MANAGEMENT GROUP 602902 6/20/2024 1537 RANDALL MANAGEMENT GROUP 602902 6/20/2024 1537 RANDALL MANAGEMENT GROUP 16633 5/29/2024 1970 REACH SPORTS MARKETING GROUP 602903 6/20/2024 3349 RECREONICS INC 602656 5/30/2024 3514 REEP FIRE PROTECTION INC 602728 6/6/2024 3514 REEP FIRE PROTECTION INC 602728 6/6/2024 3514 REEP FIRE PROTECTION INC 602728 6/6/2024 3514 REEP FIRE PROTECTION INC 602729 6/6/2024 2552 REFRIGERATION SUPPLIES DISTRIBUTOR 602817 6/13/2024 2552 REFRIGERATION SUPPLIES DISTRIBUTOR 602817 6/13/2024 2552 REFRIGERATION SUPPLIES DISTRIBUTOR 602657 5/30/2024 2203 REMOTE SATELLITE SYSTEMS INTL 602904 6/20/2024 2203 REMOTE SATELLITE SYSTEMS INTL 302416 6/20/2024 2532 REVZILLA MOTORSPORTS LLC 16568 4/22/2024 2181 REYES NICOLE 16612 5/29/2024 2181 REYES NICOLE 602658 5/30/2024 1150 RICHARDS WATSON AND GERSHON 602658 5/30/2024 1150 RICHARDS WATSON AND GERSHON 602658 5/30/2024 1150 RICHARDS WATSON AND GERSHON 602658 5/30/2024 1150 RICHARDS WATSON AND GERSHON 602658 5/30/2024 1150 RICHARDS WATSON AND GERSHON 602658 5/30/2024 1150 RICHARDS WATSON AND GERSHON 602658 5/30/2024 1150 RICHARDS WATSON AND GERSHON 602658 5/30/2024 1150 RICHARDS WATSON AND GERSHON 602658 5/30/2024 1150 RICHARDS WATSON AND GERSHON 602658 5/30/2024 1150 RICHARDS WATSON AND GERSHON 602659 5/30/2024 1150 RICHARDS WATSON AND GERSHON 602659 5/30/2024 1150 RICHARDS WATSON AND GERSHON 602659 5/30/2024 1150 RICHARDS WATSON AND GERSHON 602659 5/30/2024 1150 RICHARDS WATSON AND GERSHON 602659 5/30/2024 1150 RICHARDS WATSON AND GERSHON 602730 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602730 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602730 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602730 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602730 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602730 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602730 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602730 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602730 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602730 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602731 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602731 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602731 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602731 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602731 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602731 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602731 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602731 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602731 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602731 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602732 6/6/2024 1150 RICHARDS WATSON AND GERSHON Invoice Description 132256962B UNIFORMS: STREET MAINTENANCE: PW 19912 TEMECULA MAGAZINE PRINT & DESIGN: ECON DEV 0601 REFRESHMENTS: CAL CITIES CITY LEADERS SUMMIT: CC 4244 REGISTRATION: WEBINAR: CC 000257982 REPLACEMENT VIDEO PRODUCTION WORKSTATION:PEG PPNL01 05/09/24 POSTAGE SERVICES: PD 108568 DISASTER PREPAREDNESS KITS: EM WOG00019626 REPAIRS AT TVE2: FACILITIES: PW 33121081 MISC MASONRY SUPPLIES: PW PARKS 5246 REFRESHMENTS: STAFF: ROD RUN EVENT: FIRE VARIOUS APR VARIOUS WATER SVCS APR BATCH 1 VARIOUS APR VARIOUS WATER SVCS APR BATCH 2 VARIOUS APR VARIOUS WATER SVCS APR BATCH 3 MAY24 CAR WASH SVCS: POLICE 32357 PUBLIC NOTICE SIGN POSTING SERVICES FY2023-24 32263 PUBLIC NOTICE SIGN POSTING SERVICES FY2023-24 32571 CIP BIKE LANES & TRAILS PUBLIC NOTICE SIGN: COMDEV 32441 BANNER PATCHES: CITYWIDE CLEAN UP EVENT: PW 32456 PUBLIC NOTICE SIGN POSTING SERVICES FY2023-24 32358 PUBLIC NOTICE SIGN POSTING SERVICES FY2023-24 9729 SUBSCRIPTION RENEWAL: CRC: TCSD 0014829690-001 XL CAPACITY LANE LINE REEL: TCSD 3071 FIRE SPRINKLER INSPECTIONS: CITY FACILITIES: PW 3222 FIRE SPRINKLER INSPECTION: STATION 95 3224 FIRE SPRINKLER INSPECTION: STATION 92 3223 FIRE SYSTEM REPAIR: STATION 73 60176547-00 FACILITIES MAINT: PW 60176785-00 FACILITIES MAINT: SENIOR CENTER: TCSD 60176887-00 MAINT SUPPLIES: FACILITIES: PW 00127769 PHONE SERVICE FOR EOC 00128160 PHONE SERVICE FOR EOC: FIRE 46296818 UNIFORMS: TEM SHERIFF 3297 LAUNDRY SVCS: HUMAN SERVICES: COMM SVCS: TCSD 6395 LAUNDRY SVCS: HUMAN SERVICES: COMM SVCS: TCSD 247775 APRIL 2024 LEGAL SERVICES 247771 APRIL 2024 LEGAL SERVICES 247770 APRIL 2024 LEGAL SERVICES 247777 APRIL 2024 LEGAL SERVICES 247773 APRIL 2024 LEGAL SERVICES 247788 APRIL 2024 LEGAL SERVICES 247754 APRIL 2024 LEGAL SERVICES 247772 APRIL 2024 LEGAL SERVICES 247787 APRIL 2024 LEGAL SERVICES 247778 APRIL 2024 LEGAL SERVICES 247752 APRIL 2024 LEGAL SERVICES 247791 APRIL 2024 LEGAL SERVICES 247769 APRIL 2024 LEGAL SERVICES 247783 APRIL 2024 LEGAL SERVICES 247759 APRIL 2024 LEGAL SERVICES 247749 APRIL 2024 LEGAL SERVICES 247790 APRIL 2024 LEGAL SERVICES 247768 APRIL 2024 LEGAL SERVICES 247750 APRIL 2024 LEGAL SERVICES 247748 APRIL 2024 LEGAL SERVICES 247779 APRIL 2024 LEGAL SERVICES 247753 APRIL 2024 LEGAL SERVICES 27774 APRIL 2024 LEGAL SERVICES 247782 APRIL 2024 LEGAL SERVICES 247755 APRIL 2024 LEGAL SERVICES 247761 APRIL 2024 LEGAL SERVICES 247766 APRIL 2024 LEGAL SERVICES 247756 APRIL 2024 LEGAL SERVICES 247781 APRIL 2024 LEGAL SERVICES 247786 APRIL 2024 LEGAL SERVICES 247789 APRIL 2024 LEGAL SERVICES 247765 APRIL 2024 LEGAL SERVICES 247767 APRIL 2024 LEGAL SERVICES 247785 APRIL 2024 LEGAL SERVICES 247751 APRIL 2024 LEGAL SERVICES 247784 APRIL 2024 LEGAL SERVICES Payment Type EFT Posted Printed Check Wire Wire EFT Posted Printed Check Printed Check Printed Check Printed Check Wire Wire Wire Wire EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted Wire EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted Printed Check Wire Wire EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted Invoice Net 5.67 1,882.25 28.71 99.00 19,994.07 250.00 6,228.34 327.49 114.02 219.46 30,223.92 13,625.53 22,632.18 18.01 312.25 312.25 136.39 63.56 936.75 312.25 350.00 8,221.23 13,687.50 1,752.08 4,018.00 775.00 23.46 30.19 53.68 534.00 534.00 824.28 140.00 (140.00) 1,709.30 2,350.50 565.50 4,302.00 2,346.00 1,028.00 3,109.00 4,686.15 987.50 6,074.00 329.00 472.91 162.00 334.00 423.00 11,805.50 7,643.50 16,193.00 22,749.34 16,064.00 3,414.00 4,717.00 41,683.19 13,968.84 6,089.94 780.00 2,602.00 841.00 2,585.00 570.00 1,450.00 690.00 1,350.00 3,002.29 1,551.00 195.00 Check # Check Date Vendor # Vendor Name 602732 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602732 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602732 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602732 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602732 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602732 6/6/2024 1150 RICHARDS WATSON AND GERSHON 602818 6/13/2024 1150 RICHARDS WATSON AND GERSHON 602905 6/20/2024 1150 RICHARDS WATSON AND GERSHON 302283 5/30/2024 3796 RICHARDSON JAMES 16616 5/29/2024 1104 RIVERSIDE COUNTY 16617 5/29/2024 1104 RIVERSIDE COUNTY 16634 5/29/2024 1104 RIVERSIDE COUNTY 16635 5/29/2024 1104 RIVERSIDE COUNTY 302264 5/30/2024 1104 RIVERSIDE COUNTY 302264 5/30/2024 1104 RIVERSIDE COUNTY 302279 5/30/2024 2635 RIVERSIDE COUNTY 302279 5/30/2024 2635 RIVERSIDE COUNTY 302284 5/30/2024 1042 RIVERSIDE COUNTY 302289 5/30/2024 2533 RIVERSIDE COUNTY 302307 6/5/2024 1035 RIVERSIDE COUNTY 302307 6/5/2024 1035 RIVERSIDE COUNTY 302319 6/5/2024 1597 RIVERSIDE COUNTY 302338 6/5/2024 2635 RIVERSIDE COUNTY 302340 6/5/2024 1042 RIVERSIDE COUNTY 302388 6/13/2024 1042 RIVERSIDE COUNTY 302409 6/20/2024 1104 RIVERSIDE COUNTY 302415 6/20/2024 2635 RIVERSIDE COUNTY 302417 6/20/2024 1042 RIVERSIDE COUNTY 302417 6/20/2024 1042 RIVERSIDE COUNTY 302417 6/20/2024 1042 RIVERSIDE COUNTY 602819 6/13/2024 1022 RIVERSIDE COUNTY 302285 5/30/2024 1304 RIVERSIDE TRANSIT AGENCY 302286 5/30/2024 3797 RODERICK MICHAEL 602660 5/30/2024 1024 S&S WORLDWIDE INC 602820 6/13/2024 1024 S&S WORLDWIDE INC 602820 6/13/2024 1024 S&S WORLDWIDE INC 602906 6/20/2024 1024 S&S WORLDWIDE INC 602822 6/13/2024 1343 SAFE FAMILY JUSTICE CENTERS 602822 6/13/2024 1343 SAFE FAMILY JUSTICE CENTERS 302418 6/20/2024 3267 SAFEGUARD BUSINESS SYSTEMS INC 16620 5/29/2024 3824 SAN DIEGO COUNTY FAIR 16621 5/29/2024 3824 SAN DIEGO COUNTY FAIR 16622 5/29/2024 3824 SAN DIEGO COUNTY FAIR 16624 5/29/2024 3824 SAN DIEGO COUNTY FAIR 16675 6/4/2024 3837 SAN DIEGO COUNTY SHERIFFS DEPARTMENT 16575 5/7/2024 3746 SAN DIEGO PDC REGISTRATION 602735 6/6/2024 1552 SANBORN GWYNETH A CO TEMECULA MUSIC ACADEMY 602823 6/13/2024 1552 SANBORN GWYNETH A CO TEMECULA MUSIC ACADEMY 602661 5/30/2024 2008 SARNOWSKI SHAWNA PRESTON 602661 5/30/2024 2008 SARNOWSKI SHAWNA PRESTON 602661 5/30/2024 2008 SARNOWSKI SHAWNA PRESTON 602661 5/30/2024 2008 SARNOWSKI SHAWNA PRESTON 602661 5/30/2024 2008 SARNOWSKI SHAWNA PRESTON 602661 5/30/2024 2008 SARNOWSKI SHAWNA PRESTON 602824 6/13/2024 2008 SARNOWSKI SHAWNA PRESTON 602825 6/13/2024 2008 SARNOWSKI SHAWNA PRESTON 602825 6/13/2024 2008 SARNOWSKI SHAWNA PRESTON 602825 6/13/2024 2008 SARNOWSKI SHAWNA PRESTON 602825 6/13/2024 2008 SARNOWSKI SHAWNA PRESTON 602825 6/13/2024 2008 SARNOWSKI SHAWNA PRESTON 602825 6/13/2024 2008 SARNOWSKI SHAWNA PRESTON 602908 6/20/2024 2008 SARNOWSKI SHAWNA PRESTON 602908 6/20/2024 2008 SARNOWSKI SHAWNA PRESTON 602908 6/20/2024 2008 SARNOWSKI SHAWNA PRESTON 602908 6/20/2024 2008 SARNOWSKI SHAWNA PRESTON 302287 5/30/2024 2360 SB&O INC 302341 6/5/2024 2360 SB&O INC 16677 6/4/2024 3839 SCGC 16678 6/4/2024 3839 SCGC 16679 6/4/2024 3839 SCGC Invoice Description Payment Type Invoice Net 247760 APRIL 2024 LEGAL SERVICES EFT Posted 55.00 247758 APRIL 2024 LEGAL SERVICES EFT Posted 128.00 247757 APRIL 2024 LEGAL SERVICES EFT Posted 30.00 247780 APRIL 2024 LEGAL SERVICES EFT Posted 313.03 247776 APRIL 2024 LEGAL SERVICES EFT Posted 316.00 247762 APRIL 2024 LEGAL SERVICES EFT Posted 240.00 247763 APRIL 2024 LEGAL SERVICES EFT Posted 1,652.50 247764 APRIL 2024 LEGAL SERVICES EFT Posted 4,310.43 05/15/24 REFUND DEPOSIT -ENGINEERING: PW Printed Check 3,000.00 3355 HEALTH PERMIT: ROD RUN: TCSD Wire 453.00 3959 HEALTH PERMIT: ROD RUN: TCSD Wire 10.74 7770 HEALTH PERMIT: CULTURE FEST: TCSD Wire 332.00 8190 HEALTH PERMIT: CULTURE FEST: TCSD Wire 7.87 IN0510363 PERMIT RENEWAL TEMECULA POOL: TCSD Printed Check 422.00 IN0509612 PERMIT RENEWAL SNACK BAR: PARKS Printed Check 156.00 PE0000001755B EMERGENCY RADIO RENTAL: PD Printed Check 102.62 PE0000001754 EMERGENCY RADIO RENTAL: PD Printed Check 985.18 SH0000045683 FY23/24 POLICE FACILITY EXPENSES Printed Check 409,336.45 5982 PRINTING SERVICES: PD Printed Check 6.47 O5/30/24 MAR'24 PRKG CITATION ASSESSMENTS Printed Check 5,350.50 APR'24 APR'24 PRKG CITATION ASSESSMENTS Printed Check 5,103.50 2024/01TEMECULA SCFA ADMINISTRATION EXPENSES Printed Check 4,136.62 PE0000001755A EMERGENCY RADIO RENTAL: PD Printed Check 513.10 SH0000045723 FY23/24 LAW ENFORCEMENT RATE ADJ Printed Check 753,026.66 Ck Req 04/02/24 REGISTRATION: SHERIFF OFC EXPLORER ACADEMY Printed Check 1,000.00 IN0510977 PERMIT STATION 95: FIRE Printed Check 1,327.00 PE0000001821 EMERGENCY RADIO RENTAL:PD Printed Check 985.18 SH0000045900 RUHS SART EXAM: MAR -APR 2024: PD Printed Check 2,400.00 SH0000045834 04/04/24-05/01124 LAW ENFORCEMENT Printed Check 2,997,445.96 SH0000045901 TOWING SVCS 04/O1/24 - 06/05/24: POLICE Printed Check 2,390.00 235368 FPARC-TM: FY 23/24 JAN-MAR Q3 EFT Posted 1,740,355.88 87743 TROLLEY ROUTE 55 TRANS SERV: APRIL 2024: COMSP Printed Check 2,375.80 05/07/24 REFUND DEPOSIT -ENGINEERING: PW Printed Check 3,000.00 IN101395427 SUPPLIES: SUMMER DAY CAMP: TCSD EFT Posted 655.80 IN101402216 SUPPLIES: SUMMER DAY CAMP: TCSD EFT Posted 184.34 IN101407833 SUPPLIES: AQUATICS: TCSD EFT Posted 293.30 IN101410917 SUPPLIES: SUMMER DAY CAMP: CRC: TCSD EFT Posted 116.21 O5/30/24A COMMUNITY SERVICE FUNDING GRANT PROGRAM FY 23/24 EFT Posted 5,000.00 05/30/24 CDBG-TEMECULA SAFE & HEALTHY FAMILY 23124 EFT Posted 7,236.00 9004946373 DEPOSIT TICKET: FINANCE Printed Check 545.85 0242 ADMISSION TICKETS: SENIOR EXCURSION: TCSD Wire 130.00 0267 ADMISSION TICKETS: SENIOR EXCURSION: TCSD Wire 130.00 0275 ADMISSION TICKETS: SENIOR EXCURSION: TCSD Wire 117.00 0531 ADMISSION TICKETS: SENIOR EXCURSION: TCSD Wire 32.00 2241 REGISTRATION: MOTOR TRAINING: PD Wire 1,787.00 4221 REGISTRATION: CONFERENCE: RISK Wire 149.00 PERF: 05/18/24 COUNTRY LIVE AT THE MERC: THEATRE RECEIPTS/RENTALS EFT Posted 435.00 PERF: 06/01/24 THEATRE RECEIPTS/COUNTRY LIVE AT THE MERC 6/1/24 EFT Posted 1,158.75 05082024 PHOTOGRAPHY SERVICES: SPECIAL EVENTS: COMSP EFT Posted 400.00 205182024 PHOTOGRAPHY SERVICES FOR SPECIAL EVENTS: TCSD EFT Posted 425.00 105092024 PHOTOIVIDEO SVCS: REDI COMMISSION: CITY CLERK EFT Posted 300.00 105182024 MUSEUM/ACE PHOTOGRAPHY: TCSD EFT Posted 275.00 05062024 THEATER PROJECT PHOTOS: TCSD EFT Posted 800.00 05072024 THE MERC PROJECT PHOTOS: TCSD EFT Posted 600.00 05142024 PHOTOGRAPHY SERVICES - CITY MANAGER EFT Posted 275.00 0205232024 PHOTOGRAPHY SERVICES: SPECIAL EVENTS: TCSD EFT Posted 275.00 05302024 PHOTOGRAPHY SERVICES - CITY MANAGER EFT Posted 660.00 052024 PHOTOGRAPHY: THEATER: TCSD EFT Posted 1,030.00 105232024 PHOTOGRAPHY SERVICES: SPECIAL EVENTS: TCSD EFT Posted 275.00 05252024 PHOTOGRAPHY SERVICES: SPECIAL EVENTS: TCSD EFT Posted 275.00 05282024 PHOTOGRAPHY SERVICES - CITY MANAGER EFT Posted 260.00 06182024 MPSC/HUMAN SERVICES PHOTOGRAPHY: TCSD EFT Posted 275.00 06132024 HUMAN SERVICES PHOTOGRAPHY: MPSC: TCSD EFT Posted 275.00 06082024 MUSEUM/ACE PHOTOGRAPHY: TCSD EFT Posted 275.00 06072024 MUSEUM/ACE PHOTOGRAPHY: TCSD EFT Posted 275.00 424110 ENGINEERING & SURVEY SVCS: PW-CIP, PW22-15, ON -CALL Printed Check 140.25 524013 ENGINEERING & SURVEY SVCS: PW-CIP, PW22-15, ON -CALL Printed Check 14,462.00 3481 REGISTRATION: SO CAL GANG CONFERENCE: PD Wire 300.00 2892 REGISTRATION: SO CAL GANG CONFERENCE: PD Wire 300.00 9655 REGISTRATION: SO CAL GANG CONFERENCE: PD Wire 300.00 Check # Check Date Vendor # Vendor Name 16680 6/4/2024 3839 SCGC 16681 6/4/2024 3839 SCGC 302288 5/30/2024 2817 SCP DISTRIBUTORS LLC 302288 5/30/2024 2817 SCP DISTRIBUTORS LLC 602736 6/6/2024 2817 SCP DISTRIBUTORS LLC 602736 6/6/2024 2817 SCP DISTRIBUTORS LLC 602826 6/13/2024 2817 SCP DISTRIBUTORS LLC 602826 6/13/2024 2817 SCP DISTRIBUTORS LLC 16687 6/7/2024 3149 SCRIBE 302343 6/5/2024 1787 SHRED IT US JV LLC 602828 6/13/2024 2617 SIDI SEBASTIAN 602829 6/13/2024 1780 SILVERMAN ENTERPRISES INC 602830 6/13/2024 1061 SMART AND FINAL INC 602910 6/20/2024 1061 SMART AND FINAL INC 602910 6/20/2024 1061 SMART AND FINAL INC 602662 5/30/2024 3599 SMITH DONALD E 16774 5/22/2024 1094 SO CALIF GAS COMPANY 16631 5/29/2024 3827 SOHO RAMEN & SAKE BAR 302290 5/30/2024 1153 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 302290 5/30/2024 1153 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 302290 5/30/2024 1153 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 602663 5/30/2024 1055 SOUTH COUNTY PEST CONTROL INC 602663 5/30/2024 1055 SOUTH COUNTY PEST CONTROL INC 602663 5/30/2024 1055 SOUTH COUNTY PEST CONTROL INC 602663 5/30/2024 1055 SOUTH COUNTY PEST CONTROL INC 602663 5/30/2024 1055 SOUTH COUNTY PEST CONTROL INC 602739 6/6/2024 1055 SOUTH COUNTY PEST CONTROL INC 602739 6/6/2024 1055 SOUTH COUNTY PEST CONTROL INC 602739 6/6/2024 1055 SOUTH COUNTY PEST CONTROL INC 602739 6/6/2024 1055 SOUTH COUNTY PEST CONTROL INC 602739 6/6/2024 1055 SOUTH COUNTY PEST CONTROL INC 602831 6/13/2024 1055 SOUTH COUNTY PEST CONTROL INC 602831 6/13/2024 1055 SOUTH COUNTY PEST CONTROL INC 602831 6/13/2024 1055 SOUTH COUNTY PEST CONTROL INC 602831 6/13/2024 1055 SOUTH COUNTY PEST CONTROL INC 602911 6/20/2024 1055 SOUTH COUNTY PEST CONTROL INC 602911 6/20/2024 1055 SOUTH COUNTY PEST CONTROL INC 602911 6/20/2024 1055 SOUTH COUNTY PEST CONTROL INC 602911 6/20/2024 1055 SOUTH COUNTY PEST CONTROL INC 16683 6/4/2024 3840 SOUTH POINT HOTEL 16684 6/4/2024 3840 SOUTH POINT HOTEL 16685 6/4/2024 3840 SOUTH POINT HOTEL 16769 5/30/2024 1800 SOUTHERN CALIFORNIA EDISON CO 302345 6/5/2024 1800 SOUTHERN CALIFORNIA EDISON CO 302390 6/13/2024 1704 SOUTHERN CALIFORNIA TELEPHONE COMPANY 602912 6/20/2024 3356 SOUTHSTAR ENGINEERING AND CONSULTING INC 16589 5/7/2024 1399 SOUTHWEST AIRLINES 16590 5/7/2024 1399 SOUTHWEST AIRLINES 16736 6/7/2024 1399 SOUTHWEST AIRLINES 16629 5/29/2024 3554 SPICE AND TEA MERCHANTS 16658 6/7/2024 1028 STADIUM PIZZA INC 302291 5/30/2024 1028 STADIUM PIZZA INC 302391 6/13/2024 1028 STADIUM PIZZA INC 302391 6/13/2024 1028 STADIUM PIZZA INC 302420 6/20/2024 1028 STADIUM PIZZA INC 302420 6/20/2024 1028 STADIUM PIZZA INC 302420 6/20/2024 1028 STADIUM PIZZA INC 302420 6/20/2024 1028 STADIUM PIZZA INC 302420 6/20/2024 1028 STADIUM PIZZA INC 302346 6/5/2024 1431 STANDARD INSURANCE COMPANY 302347 6/5/2024 1708 STANDARD INSURANCE COMPANY 16765 6/7/2024 3852 STANLEY 602740 6/6/2024 1452 STAPLES INC 602740 6/6/2024 1452 STAPLES INC 602740 6/6/2024 1452 STAPLES INC 602740 6/6/2024 1452 STAPLES INC 602740 6/6/2024 1452 STAPLES INC 602832 6/13/2024 1452 STAPLES INC 602832 6/13/2024 1452 STAPLES INC 602832 6/13/2024 1452 STAPLES INC Invoice Description Payment Type Invoice Net 9317 REGISTRATION: SO CAL GANG CONFERENCE: PD Wire 300.00 7335 REGISTRATION: SO CAL GANG CONFERENCE: PD Wire 300.00 29375865 MISC SUPPLIES: AQUATICS: TCSD Printed Check 2,369.14 29374418 MISC SUPPLIES: AQUATICS: TCSD Printed Check 843.09 524871 KICKBOARDS & AQUA JOGGERS: AQUATICS: TCSD EFT Posted 2,319.96 524851 FIBERGLASS SWIM STATION: CRC POOL: TCSD EFT Posted 2,583.39 AL518240 POOL SUPPLIES: AQUATICS EFT Posted 248.80 29378679 MIS SAFETY EQUIP: AQUATICS: TCSD EFT Posted 741.43 8503 RENEWAL: CREATE STEP BY STEP GUIDES: ITSS Wire 128.58 8007182588 DOCUMENT SHREDDING Printed Check 46.58 11724 VIDEOGRAPHY SERVICES MAY 30TH: ECO DEV:COMSP EFT Posted 1,000.00 2037 SECURITY SVCS JULY 4TH: SPECIAL EVENTS: TCSD EFT Posted 11,727.00 05/22/24 SUPPLIES SPECIAL EVENTS: TCSD EFT Posted 206.27 O6/10/24A SUPPLIES FACILITY: MPSC: TCSD EFT Posted 92.82 O6/10/24 SUPPLIES FACILITY: MPSC: TCSD EFT Posted 297.42 PERF: 05/18/24 PERFORMING ARTS AGREEMENT 5/18: TCSD EFT Posted 150.00 VAR SOCALGAS APR VARIOUS APR SO CAL GAS SVCS Wire 14,679.85 3866 REFRESHMENTS: CULTURE DAY: JAPAN Wire 250.13 4355367 AQMD FEE FY 23-24: TCSD Printed Check 161.81 4352216 AQMD FEE FY 23-24: TCSD Printed Check 161.81 4352091 AQMD FEE FY 23-24: TCSD Printed Check 161.81 0294615 PEST CONTROL SERVICES: FIRE STATIONS EFT Posted 80.00 0294616 PEST CONTROL SERVICES: FIRE STATIONS EFT Posted 42.00 0294334 PEST CONTROL SERVICES: FIRE STATIONS EFT Posted 74.00 0294620 PEST CONTROL SERVICES: FIRE STATIONS EFT Posted 80.00 0290764 PEST CONTROL SVCS: PARKS: PW EFT Posted 94.00 0294893 ROUTINE PEST CONTROL: FACILITIES: PW EFT Posted 29.00 0294529 ROUTINE PEST CONTROL: FACILITIES: PW EFT Posted 56.00 0294527 ROUTINE PEST CONTROL: FACILITIES: PW EFT Posted 36.00 0294755 ROUTINE PEST CONTROL: FACILITIES: PW EFT Posted 40.00 0295945 PEST CONTROL SVCS: PARKS: PW EFT Posted 140.00 0294521 ROUTINE PEST CONTROL: FACILITIES: PW EFT Posted 32.00 0294734 ROUTINE PEST CONTROL: FACILITIES: PW EFT Posted 90.00 0294792 ROUTINE PEST CONTROL: FACILITIES: PW EFT Posted 42.00 0294544 ROUTINE PEST CONTROL: FACILITIES: PW EFT Posted 90.00 0295244 PEST CONTROL SERVICES: FIRE STATIONS EFT Posted 48.00 0295493 PEST CONTROL SERVICES: FIRE STATIONS EFT Posted 80.00 0295487 PEST CONTROL SERVICES: FIRE STATIONS EFT Posted 68.00 0294956 ROUTINE PEST CONTROL: FACILITIES: PW EFT Posted 59.00 8701 LODGING: EXPLORER COMPETITION: PD Wire 152.55 8719 LODGING: EXPLORER COMPETITION: PD Wire 152.55 8792 LODGING: EXPLORER COMPETITION: PD Wire 175.15 VAR SCE APR VARIOUS APR SOCAL EDISON SVCS Wire 140,393.34 7590556171 CAL TRANS PED FOR TRAFFIC CONTROLLER - LINE EXT. Printed Check 12,228.03 45949240601 JUN GEN USAGE: 0141,0839,0978,0979 Printed Check 343.90 COT-1-15CR-05 1-15 CONGESTION RELIEF EFT Posted 112,572.43 2362 AIRFARE: CAL CITIES CITY LEADERS SUMMIT Wire 459.95 8778 AIRFARE: CAL CITIES CITY LEADERS SUMMIT Wire 63.99 1278 AIRFARE: CAL CITIES CITY LEADERS SUMMIT CONF: CC Wire 103.99 5705 APPRECIATION GIFTS: DAISEN SISTER CITY HOST Wire 61.60 8824 REFRESHMENTS: OUTREACH TEAM MTG: 04/10/24 Wire 117.19 O5/17/24 REFRESHMENTS: AQUATICS: TCSD Printed Check 888.54 1232 REFRESHMENTS: ECON DEV-OUTSIDE SVCS: COMSP Printed Check 222.80 O5/22124 REFRESHMENTS: WORKFORCE DEV: TCSD Printed Check 138.14 O6/12124 HUMAN SERVICES SPECIAL EVENTS: TCSD Printed Check 228.65 O6/10/24 REFRESHMENTS TEEN TRIP: CRC:TCSD Printed Check 64.82 O6/08/24 REFRESHMENTS SKATE PARK JAM: TCSD Printed Check 97.23 O6/11/24 STAFF MEETING: WORKFORCE DEV: TCSD Printed Check 79.32 O6/14/24 REFRESHMENTS: AQUATICS: TCSD Printed Check 208.14 Ben350196 BASIC LIFE INSURANCE: PAYMENT Printed Check 12,244.56 Ben350202 VOLUNTARY SUPP LIFE INSURANCE PAYMENT Printed Check 2,005.03 1087 RECOGNITION ITEMS: TEAM PACE Wire 425.69 6003134104 OFFICE SUPPLIES: PW EFT Posted 17.39 6003134099 OFFICE SUPPLIES: FINANCE EFT Posted 9.25 6003134105 OFFICE SUPPLIES: PW EFT Posted 29.40 6001621822 OFFICE SUPPLIES: THEATER: TCSD EFT Posted (13.06) 6001621813 OFFICE SUPPLIES: THEATER:TCSD EFT Posted (1.51) 6003134107 OFFICE SUPPLIES: LIBRARY: TCSD EFT Posted 593.60 6003134108 OFFICE SUPPLIES: LIBRARY: TCSD EFT Posted 30.10 6003134100 OFFICE SUPPLIES: LIBRARY: TCSD EFT Posted 113.66 Check # Check Date Vendor # Vendor Name 602832 6/13/2024 1452 STAPLES INC 602832 6/13/2024 1452 STAPLES INC 602832 6/13/2024 1452 STAPLES INC 602832 6/13/2024 1452 STAPLES INC 602832 6/13/2024 1452 STAPLES INC 602832 6/13/2024 1452 STAPLES INC 602913 6/20/2024 1452 STAPLES INC 602913 6/20/2024 1452 STAPLES INC 302421 6/20/2024 1125 STAR WAY PRODUCTIONS 16742 6/7/2024 1535 STARBUCKS CORPORATION 602664 5/30/2024 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 602664 5/30/2024 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 602664 5/30/2024 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 602741 6/6/2024 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 302392 6/13/2024 3547 STATE OF CALIFORNIA DMV 302392 6/13/2024 3547 STATE OF CALIFORNIA DMV 302427 6/20/2024 1179 STATE WATER RESOURCE CONTROL BOARD 16618 5/29/2024 1983 STATEFOODSAFETY.COM 302292 5/30/2024 2016 STC TRAFFIC INC 302348 6/5/2024 2016 STC TRAFFIC INC 302349 6/5/2024 1912 STEIN ANDREW 302349 6/5/2024 1912 STEIN ANDREW 602665 5/30/2024 1495 STURDIVANT ANGELAP 302350 6/5/2024 2059 SUPERIOR READY MIX LP 302294 5/30/2024 2261 T MOBILE USA INC 302393 6/13/2024 2261 T MOBILE USA INC 302393 6/13/2024 2261 T MOBILE USA INC 302422 6/20/2024 2261 T MOBILE USA INC 302422 6/20/2024 2261 T MOBILE USA INC 16596 4/29/2024 3768 TAPS TACO CATERING 16659 6/7/2024 3536 TARGET 16664 6/7/2024 3536 TARGET 602833 6/13/2024 1113 TEAMSTERS LOCAL 911 302295 5/30/2024 3807 TEMECULA BOWLING CENTER INC 16630 5/29/2024 1557 TEMECULA OLIVE OIL COMPANY 302296 5/30/2024 1557 TEMECULA OLIVE OIL COMPANY 602666 5/30/2024 1914 TEMECULA VALLEY BACKFLOW INC 602666 5/30/2024 1914 TEMECULA VALLEY BACKFLOW INC 602743 6/6/2024 1914 TEMECULA VALLEY BACKFLOW INC 602743 6/6/2024 1914 TEMECULA VALLEY BACKFLOW INC 602743 6/6/2024 1914 TEMECULA VALLEY BACKFLOW INC 602743 6/6/2024 1914 TEMECULA VALLEY BACKFLOW INC 602743 6/6/2024 1914 TEMECULA VALLEY BACKFLOW INC 602743 6/6/2024 1914 TEMECULA VALLEY BACKFLOW INC 602743 6/6/2024 1914 TEMECULA VALLEY BACKFLOW INC 16493 5/7/2024 1054 TEMECULA VALLEY CHAMBER OF COMMERCE 16567 4/22/2024 1054 TEMECULA VALLEY CHAMBER OF COMMERCE 16628 5/29/2024 1054 TEMECULA VALLEY CHAMBER OF COMMERCE 16764 6/7/2024 1054 TEMECULA VALLEY CHAMBER OF COMMERCE 16777 6/7/2024 1054 TEMECULA VALLEY CHAMBER OF COMMERCE 16778 6/7/2024 1054 TEMECULA VALLEY CHAMBER OF COMMERCE 16779 6/7/2024 1054 TEMECULA VALLEY CHAMBER OF COMMERCE 16789 6/7/2024 1054 TEMECULA VALLEY CHAMBER OF COMMERCE 602821 6/13/2024 1265 TEMECULA VALLEY SECURITY CENTER 602907 6/20/2024 1265 TEMECULA VALLEY SECURITY CENTER 602744 6/6/2024 1232 TERRYBERRY COMPANY 602834 6/13/2024 1232 TERRYBERRY COMPANY 302297 5/30/2024 3784 THE CHOPPER GALLERY 16645 5/30/2024 3811 THE GREAT BURRITO 602745 6/6/2024 3189 THE SALVATION ARMY 16626 5/29/2024 1869 THE WEBSTAURANT STORE 16644 5/29/2024 3813 THOMSON REUTERS 602835 6/13/2024 1936 TIERCE NICHOLAS DATHAN 16793 5/29/2024 1568 TIME WARNER CABLE 602746 6/6/2024 1063 TIMMY D PRODUCTIONS INC 602836 6/13/2024 1063 TIMMY D PRODUCTIONS INC 602914 6/20/2024 1063 TIMMY D PRODUCTIONS INC 602837 6/13/2024 2421 TITAN RENTAL GROUP INC 602838 6/13/2024 3135 TK CONSULTING INC 602839 6/13/2024 1995 TK ELEVATOR CORPORATION Invoice Description 6003134112 OFFICE SUPPLIES: OPERATIONS: TCSD 6003134106 OFFICE SUPPLIES: OPERATIONS: TCSD 6003134103 OFFICE SUPPLIES: MPSC: TCSD 6003134111 OFFICE SUPPLIES: THEATER: TCSD 6003134109 OFFICE SUPPLIES: LIBRARY: TCSD 6003134101 OFFICE SUPPLIES: THEATER: TCSD 6003134102 OFFICE SUPPLIES: MPSC: TCSD 6003134110 OFFICE SUPPLIES: THEATER: TCSD 163895 SOTC AUDIO VISUAL LIGHTING SVCS: COMMUNITY SUPPORT 8236 REFRESHMENTS: CAL CITIES CITY LEADERS SUMMIT: CC 737004 APR BLOOD/ ALCOHOL ANALYSIS 717067 NOV BLOOD / ALCOHOL ANALYSIS: PD 737120 BLOOD/ ALCOHOL ANALYSIS: PD 719525a APR FINGERPRINTING SVCS: TCSD VOLUNTEERS DE8G01 '24 VEHICLE REGISTRATION RENEWAL: FIRE DE8G02 VEHICLE REGISTRATION RENEWAL: FIRE O6/20/24 PERMIT REGISTRATION FOR PICKLEBALL CTS: PW21-03 7248 FOOD HANDLER'S CARDS: CRC STAFF: TCSD 7056 TRAFFIC ENGINEERING SVCS: PW - TRAFFIC 7055 TRAFFIC SIGNAL -SAFETY LIGHTS UPGRADE: PW23-13 29660 DAY CAMP BACKPACKS: TCSD 29524 CUSTOM TABLECLOTHES: THEATER: TSCD 3205.104 TCSD INSTRUCTOR EARNINGS 426574 CONCRETE MATERIALS: STREET MAINTENANCE: PW 9568172475 GPS LOCATE: PD 9569545573 TIMING ADVANCE: PO 9569882798 TIMING ADVANCE: PD 9570289812 AREA/TOWER: POLICE 9570289811 GPS LOCATE: PD 8768 REFRESHMENTS: STATE OF THE CITY VOLUNTEERS 0170 SUPPLIES: RESOURCE CENTER: TCSD 4833 SUPPLIES: RESOURCE CENTER: TCSD Ben350259 UNION MEMBERSHIP DUES PAYMENT O5/22/24 RELEASE & SETTLEMENT OF CLAIM 9479 APPRECIATION GIFTS: DAISEN SISTER CITY HOST 593454 SPEAKERS & MENTORS RECOGN: WORKFORCE DEV 48029 BACKFLOW SVCS: MEDIANS: PW 46917 BACKFLOW TESTING: FIRE STATION 73 48229 BACKFLOW SVCS: SAM HICKS PARK: PW 47999 BACKFLOW SVCS: SLOPES: PW 47996 BACKFLOW TESTING: PARK & RIDE LOT: PW 47994 BACKFLOW TESTING: VARIOUS LOCATIONS: PW 47995 BACKFLOW TESTING: VARIOUS LOCATIONS: PW 47998 BACKFLOW SVCS: MEDIANS: PW 47997 BACKFLOW TESTING: VARIOUS LOCATIONS: PW 1976 REGISTRATION: STATE OF THE CITY: ITSS 8756 REGISTRATION: STATE OF THE CITY 2384 APPRECIATION GIFTS: DAISEN SISTER CITY HOST 3022 REGISTRATION: STATE OF THE CITY: HR 7871 REGISTRATION: STATE OF THE CITY: PW 1784 REGISTRATION: STATE OF THE CITY: PW 4"0 REGISTRATION: STATE OF THE CITY: PW 7670 REGISTRATION: STATE OF THE CITY: PLANNING 55378 LOCKSMITH SERVICES: FACILITY MAINTENANCE: PW 55429 LOCKSMITH SERVICES: CRC: TCSD Q45591 SERVICE RECOGNITION: HR Q53208 SERVICE RECOGNITION: HR Comm Reinvest Prgm COMMUNITY REINVESTMENT: TEMECULA GRANT PROGRAM 0019 REFRESHMENTS: ROD RUN EOC STAFF FY 23/24 CSF COMMUNITY SERVICE FUNDING REINVESTMENT 3543 SUPPLIES: COMMERCIAL KITCHEN: TCSD 6275 PUBLICATIONS: FINANCE NTOTTCT-2024-06 GRAPHIC DESIGN: THEATER: TCSD VAR APR/MAY VARIOUS APR/MAY INTERNET SVCS 24931 CULTURE DAYS & ART NIGHTS MUSIC: SPECIAL EVT: TCSD 24937 DJ/MC SERVICES DEP. JULY 4TH: SPECIAL EVENT: TCSD 24861 CULTURE DAYS AND ART NIGHTS MUSIC:TCSD 46993 CANOPIES & EQUIP RENTAL: SPECIAL EVENTS: TCSD 10 YNEZ ROAD IMPROVEMENTS -PHASE 1 5002466426 ELEVATOR SVCS: PARKING GARAGE: PW Payment Type EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted Printed Check Wire EFT Posted EFT Posted EFT Posted EFT Posted Printed Check Printed Check Printed Check Wire Printed Check Printed Check Printed Check Printed Check EFT Posted Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check Wire Wire Wire EFT Posted Printed Check Wire Printed Check EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted Wire Wire Wire Wire Wire Wire Wire Wire EFT Posted EFT Posted EFT Posted EFT Posted Printed Check Wire EFT Posted Wire Wire EFT Posted Wire EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted Invoice Net 294.01 116.18 9.35 (217.48) 5.40 56.32 293.63 (231.21) 10,000.00 9.30 945.00 35.00 35.00 544.00 54.00 54.00 200.00 216.00 990.00 23,397.50 1,055.47 530.61 129.50 893.90 115.00 50.00 50.00 500.00 115.00 766.69 55.06 131.63 4,897.00 137.00 43.96 971.60 70.00 392.50 619.00 3,582.00 137.50 70.00 70.00 4,292.00 70.00 160.00 3,750.00 108.26 320.00 750.00 750.00 750.00 750.00 104.40 146.81 241.79 391.50 20,000.00 131.98 20,000.00 1,995.82 669.52 3,840.00 12,117.71 250.00 20,000.00 425.00 7,652.17 12,696.54 194.03 Check # Check Date Vendor # Vendor Name 602839 6/13/2024 1995 TK ELEVATOR CORPORATION 602839 6/13/2024 1995 TK ELEVATOR CORPORATION 602915 6/20/2024 1995 TK ELEVATOR CORPORATION 16661 6/7/2024 3814 TOAST TEMECULA 602748 6/6/2024 1068 TOMAR ELECTRONICS INC 602747 6/6/2024 2089 TORI DANIELS 602916 6/20/2024 2089 TORI DANIELS 302298 5/30/2024 1362 TORRES BENJAMIN 302298 5/30/2024 1362 TORRES BENJAMIN 602840 6/13/2024 2413 TOWNSEND PUBLIC AFFAIRS INC 602749 6/6/2024 2562 TRAFFIC LOGIX CORPORATION 302394 6/13/2024 2480 TRENCH PLATE RENTAL CO 16562 4/22/2024 1555 TV CONVENTION AND VISITORS BUREAU 602667 5/30/2024 1555 TV CONVENTION AND VISITORS BUREAU 16656 5/31/2024 1350 U S BANK 302351 6/5/2024 1350 U S BANK 302352 6/5/2024 1350 U S BANK 16591 4/29/2024 2561 UBER 16710 6/7/2024 2561 UBER 16714 6/7/2024 2561 UBER 16745 6/7/2024 2561 UBER 16542 4/22/2024 3302 UHAUL 16542 4/22/2024 3302 UHAUL 16547 4/22/2024 3302 UHAUL 16553 4/22/2024 3302 UHAUL 16554 4/22/2024 3302 UHAUL 16561 4/22/2024 3302 UHAUL 602841 6/13/2024 1652 ULINE INC 602841 6/13/2024 1652 ULINE INC 302395 6/13/2024 3222 ULTRA SHINE INC 302395 6/13/2024 3222 ULTRA SHINE INC 302424 6/20/2024 3222 ULTRA SHINE INC 302353 6/5/2024 1131 UNITED RENTALS NORTH AMERICA INC 16763 6/7/2024 3851 UPLAND FLOWERS 602668 5/30/2024 2142 URBANE CAFE OPERATIONS LLC 602750 6/6/2024 3400 VERIFIED FIRST LLC 602842 6/13/2024 3400 VERIFIED FIRST LLC 602842 6/13/2024 3400 VERIFIED FIRST LLC 16795 6/6/2024 1845 VERIZON WIRELESS 302299 5/30/2024 1845 VERIZON WIRELESS 602751 6/6/2024 2629 VERSA PRODUCTS INC 16588 5/7/2024 1475 VONS 16727 6/7/2024 1475 VONS 302396 6/13/2024 1120 VORTEX INDUSTRIES INC 602843 6/13/2024 2034 WADDLETON JEFFREY L 602917 6/20/2024 2034 WADDLETON JEFFREY L 602917 6/20/2024 2034 WADDLETON JEFFREY L 602917 6/20/2024 2034 WADDLETON JEFFREY L 602917 6/20/2024 2034 WADDLETON JEFFREY L 602752 6/6/2024 2183 WALLACE AND ASSOCIATES CONSULTING LLC 602752 6/6/2024 2183 WALLACE AND ASSOCIATES CONSULTING LLC 16660 6/7/2024 1439 WALMART 302300 5/30/2024 1439 WALMART 302300 5/30/2024 1439 WALMART 302300 5/30/2024 1439 WALMART 302354 6/5/2024 1439 WALMART 302354 6/5/2024 1439 WALMART 302354 6/5/2024 1439 WALMART 302354 6/5/2024 1439 WALMART 302354 6/5/2024 1439 WALMART 302354 6/5/2024 1439 WALMART 302354 6/5/2024 1439 WALMART 302354 6/5/2024 1439 WALMART 302354 6/5/2024 1439 WALMART 302354 6/5/2024 1439 WALMART 302397 6/13/2024 1439 WALMART 302397 6/13/2024 1439 WALMART 302425 6/20/2024 1439 WALMART 302425 6/20/2024 1439 WALMART 302425 6/20/2024 1439 WALMART Invoice Description 5002466427 ELEVATOR SVCS: PARKING GARAGE: PW 5002466425 ELEVATOR SVCS: PARKING GARAGE: PW 3007841338 ELEVATOR MAINT SVCS: FACILITIES: PW 7462 REFRESHMENTS: OUTREACH TEAM MTG: 04/23/24 044384 LIGHT BAR INSTALL: VEHICLES: PW 24953 DJ/MC/SOUND SERVICES: SPECIAL EVENTS: TCSD 25044 DJ/MC/SOUND SERVICES JUNETEENTH: TCSD 03/14/24 UPHOLSTERY REPAIR: STREET MAINTENANCE: PW 05/22/24 CANOPY SHADE RECLOTH: PDOTSF: PW 21715 CONSULTING/GRANT WRITING SVCS FOR JUNE: CITY CLERK SIN24885 TRAFFIC CALMING: TRAFFIC: PW R120406581 TRENCH SHORING SUPPLIES: STREET MAINT: PW 3415 REGISTRATION: XENIA HOSPITALITY AWARDS MAR'24 BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS MAR'24 021624 PURCHASE CARD PAYMENT 142389" ACCOUNT ANALYSIS: FINANCE 7129373 TRUSTEE ADMIN FEES: CFD 03-03 WOLF CREEK 2022 9764 TRANSPORTATION: DC LOBBYING: CMO 1430 TRANSPORTATION: CAL CITIES CITY LEADERS SUMMIT: CC 0182 TRANSPORTATION: CAL CITIES CITY LEADERS SUMMIT: CC 4147 TRANSPORTATION: CAL CITIES CITY LEADERS SUMMIT: CC 0438 UHAUL SVCS: SPECIAL EVENTS: TCSD 0503 UHAUL SVCS: SPECIAL EVENTS: TCSD 4296 UHAUL SVCS: SPECIAL EVENTS: TCSD 4468 UHAUL SVCS: SPECIAL EVENTS: TCSD 4534 UHAUL SVCS: SPECIAL EVENTS: TCSD 0586 UHAUL SVCS: SPECIAL EVENTS: TCSD 178405530 SUPPLIES: MRC: TCSD 178361116 SUPPLIES: SPORTS: TCSD 2004A JANITORIAL SVCS MAINTENANCE: FACILITIES 2004C JANITORIAL SVCS MAINTENANCE: FACILITIES 2060B JANITORIAL SVCS FACILITIES MAINT:PW 233842557-001 SUPPLIES: STREET MAINTENANCE: PW 1755 FLOWERS: SUNSHINE FUND 110567 URBANE CAFE: MUSEUM: TCSD INV-000473537 EMPLOYMENT SCREENINGS: HR INV-000480026 EMPLOYMENT SCREENINGS: HR INV-000483734 EMPLOYMENT SCREENINGS: HR 9964266574 04/16-05/15 CELLULAR/BROADBAND: CITYWIDE 9963809343 04/11 - 05/10 TASK FORCE TABLETS: POLICE 4205663 ERGONOMIC DESKS AND MATS: HR 9329 REFRESHMENTS: CITY CNCL & EXEC STAFF MTGS 0253 REFRESHMENTS: CITY CNCL & EXEC STAFF MTGS 10-1749341 DOOR REPAIR: LIBRARY: PW 2810.103 TCSD INSTRUCTOR EARNINGS 2820.102 TCSD INSTRUCTOR EARNINGS 1201 HIGH HOPES DJ SVCS: TCSD 1196 HIGH HOPES DJ SVCS: TCSD 1202 MC SVCS SKATE PARK JAMS: TCSD 24133 DOG PARK RENOVATION: CIP: PW 24134 CONSTRUCTION MGT SVCS: PW 19-09 8135 SUPPLIES: RESOURCE CENTER: TCSD 05/20/24 SUPPLIES THEATER: TCSD O5/16/24A SUPPLIES: AQUATICS: TCSD 05/22/24 SUPPLIES: CLASSES: TCSD O5/29/02C SUPPLIES: AQUATICS: TCSD 05/29/24B SUPPLIES: AQUATICS: TCSD O5/29/24D SUPPLIES: AQUATICS: TCSD 05/28/24 SUPPLIES/EQUIP: SPECIAL EVENTS: TCSD O5/29/24A SUPPLIES: AQUATICS: TCSD 05/29/24 SUPPLIES/EQUIP: SPECIAL EVENTS: TCSD O5/27/24 SUPPLIES: CRC: TCSD 05/27/24A SUPPLIES: CRC: TCSD O5/24/24 SUPPLIES: FACILITIES: TCSD 05/29/24E SUPPLIES/EQUIP: SPECIAL EVENTS: TCSD O6/04/24 SUPPLIES: WORKFORCE DEV: TCSD O6/03/24 SUPPLIES: SPEC EVENTS: TCSD O6/06/24 SUPPLIES FOR TCC: TCSD O6/11/24 SUPPLIES: CRC: TCSD O6/07/24 SUPPLIES/EQUIPMENT GARDEN: TCSD Payment Type EFT Posted EFT Posted EFT Posted Wire EFT Posted EFT Posted EFT Posted Printed Check Printed Check EFT Posted EFT Posted Printed Check Wire EFT Posted Wire Printed Check Printed Check Wire Wire Wire Wire Wire Wire Wire Wire Wire Wire EFT Posted EFT Posted Printed Check Printed Check Printed Check Printed Check Wire EFT Posted EFT Posted EFT Posted EFT Posted Wire Printed Check EFT Posted Wire Wire Printed Check EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted EFT Posted Wire Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check Printed Check Invoice Net 194.03 289.03 5,824.20 110.06 4,147.01 13,155.00 9,000.00 724.50 1,552.50 6,000.00 14,550.75 3,834.40 40.00 180,084.12 295.43 875.00 2,365.00 10.14 28.95 28.93 42.44 (31.79) (27.50) 452.02 156.87 156.87 27.68 2,373.34 1,331.44 27,851.21 719.83 881.21 130.96 109.50 313.63 128.75 519.50 5.00 14,780.87 416.25 1,059.99 39.54 23.03 687.50 996.80 495.60 525.00 525.00 525.00 880.00 3,300.00 222.26 592.68 117.40 367.70 1,305.10 1,058.20 984.57 227.60 896.71 111.71 1,155.75 964.27 124.43 (18.84) 163.22 1,031.56 195.80 140.66 43.04 Check # Check Date Vendor # Vendor Name Invoice Description Payment Type Invoice Net 302425 6/20/2024 1439 WALMART O6/10/24 SUPPLIES: CRC: TCSD Printed Check 563.51 302425 6/20/2024 1439 WALMART O6/07/24A SUPPLIES/EQUIP CAMP SOAR: TCSD Printed Check 276.68 302425 6/20/2024 1439 WALMART O6/13/24 SUPPLIES: SPEC EVENTS: TCSD Printed Check 406.53 16760 6/7/2024 3791 WASHINGTON FINANCE OFFICERS ASSOCIATION 0033 REGISTRATION: WEBINAR: FINANCE Wire 100.00 602753 6/6/2024 1119 WATER SAFETY PRODUCTS INC F3307512 SUPPLIES: CRC: TCSD EFT Posted 875.45 302301 5/30/2024 1102 WAXIE SANITARY SUPPLY INC 82468399 JANITORIAL SUPPLIES Printed Check 3,953.77 302355 6/5/2024 1102 WAXIE SANITARY SUPPLY INC 82486516 JANITORIAL SVCS FACILITY MAINT: PW Printed Check 2,518.98 602918 6/20/2024 3318 WEILAND DESIGN GROUP INC 23-050 #7 LANDSCAPE CONCEPT PLAN/DESIGN: PARKS: PW EFT Posted 3,350.00 16578 5/7/2024 1474 WES FLOWERS 0027 FLOWERS: SUNSHINE FUND Wire 101.99 302398 6/13/2024 1033 WEST PUBLISHING CORPORATION 850266238 SOFTWARE SUBSCRIPTION: PD Printed Check 1,179.86 602754 6/6/2024 1782 WESTERN AV 20798 CONFERENCE ROOM FLOOR PLATE: IT EFT Posted 568.80 602754 6/6/2024 1782 WESTERN AV 20789 CLASSROOM DISPLAYS: MRC: PW CIP EFT Posted 5,717.69 602919 6/20/2024 1782 WESTERN AV 20786 CONFERENCE ROOM AV EQUIP: TVE2: ITSS EFT Posted 42,028.83 602755 6/6/2024 3766 WESTRUX INTERNATIONAL INC 04523261 HOT PATCH TRUCK REPAIRS: STREET MAINT: PW EFT Posted 3,966.13 16608 4/8/2024 2455 WETRANSFER 5037a FILE TRANSFER: ITSS Wire 3.60 302303 5/30/2024 2175 WHITE CAP LP 50026686379 ASPHALT SUPPLIES: STREET MAINT: PW Printed Check 218.07 16555 4/22/2024 3729 WILD WEST JUNK REMOVAL LLC 9782 DANGEROUS & UNHEALTHY ENCAMPMENT CLEAN-UP: TCSD Wire 350.00 16559 4/22/2024 3729 WILD WEST JUNK REMOVAL LLC 4969 DANGEROUS & UNHEALTHY ENCAMPMENT CLEAN-UP: TCSD Wire 595.00 16563 4/22/2024 3729 WILD WEST JUNK REMOVAL LLC 1560 DANGEROUS & UNHEALTHY ENCAMPMENT CLEAN-UP: TCSD Wire 495.00 602920 6/20/2024 3729 WILD WEST JUNK REMOVAL LLC INVO106 DANGEROUS & UNHEALTHY ENCAMPMENT CLEAN-UP: TCSD EFT Posted 490.00 602920 6/20/2024 3729 WILD WEST JUNK REMOVAL LLC INV0115 DANGEROUS & UNHEALTHY ENCAMPMENT CLEAN-UP: TCSD EFT Posted 840.00 602920 6/20/2024 3729 WILD WEST JUNK REMOVAL LLC INVO116 DANGEROUS & UNHEALTHY ENCAMPMENT CLEAN-UP: TCSD EFT Posted 835.00 602920 6/20/2024 3729 WILD WEST JUNK REMOVAL LLC INV0113 DANGEROUS & UNHEALTHY ENCAMPMENT CLEAN-UP: TCSD EFT Posted 1,845.00 602920 6/20/2024 3729 WILD WEST JUNK REMOVAL LLC INV0114 DANGEROUS & UNHEALTHY ENCAMPMENT CLEAN-UP: TCSD EFT Posted 119.00 602920 6/20/2024 3729 WILD WEST JUNK REMOVAL LLC INV0117 DANGEROUS & UNHEALTHY ENCAMPMENT CLEAN-UP: TCSD EFT Posted 1,310.00 602920 6/20/2024 3729 WILD WEST JUNK REMOVAL LLC INV0108 DANGEROUS & UNHEALTHY ENCAMPMENT CLEAN-UP: TCSD EFT Posted 1,920.00 602920 6/20/2024 3729 WILD WEST JUNK REMOVAL LLC INV0109 DANGEROUS & UNHEALTHY ENCAMPMENT CLEAN-UP: TCSD EFT Posted 885.00 602920 6/20/2024 3729 WILD WEST JUNK REMOVAL LLC INV0107 DANGEROUS & UNHEALTHY ENCAMPMENT CLEAN-UP: TCSD EFT Posted 740.00 602920 6/20/2024 3729 WILD WEST JUNK REMOVAL LLC INV0112 DANGEROUS & UNHEALTHY ENCAMPMENT CLEAN-UP: TCSD EFT Posted 935.00 602738 6/6/2024 1509 WILLIAMS SHERRY B PERF: 05/16/24 TICKET SERVICES AGREEMENT: JAZZ@THE MERC O5/16/24 EFT Posted 630.00 602827 6/13/2024 1509 WILLIAMS SHERRY B PERF: 05/23/24 TICKET SERVICES AGREEMENT: JAZZ@THE MERC 05/23/24 EFT Posted 462.00 602827 6/13/2024 1509 WILLIAMS SHERRY B PERF: 05/30/24 TICKET SERVICES AGREEMENT: JAZZ@THE MERC O5/30/24 EFT Posted 595.00 602827 6/13/2024 1509 WILLIAMS SHERRY B PERF: 05/25/24 TICKET SERVICES AGREEMENT: STAND UP COMEDY 5/25/24 EFT Posted 1,535.00 602909 6/20/2024 1509 WILLIAMS SHERRY B PERF: 06/06/24 TICKET SERVICES AGREEMENT: JAZZ@THE MERC O6/06/24 EFT Posted 655.00 302305 5/30/2024 1223 ZOLL MEDICAL CORPORATION GPO 3959178 PARAMEDIC PROGRAM SUPPLIES: MEDIC Printed Check 3,598.86 302305 5/30/2024 1223 ZOLL MEDICAL CORPORATION GPO 3960704 PARAMEDIC PROGRAM SUPPLIES: MEDIC Printed Check 4,048.76 Total 12,593,179.98 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Matt Peters, Acting Director of Community Development DATE: July 9, 2024 SUBJECT: Approve Second Amendment to Agreement with Habitat for Humanity for the Temecula Home Repair Program PREPARED BY: Brandon Rabidou, Principal Management Analyst RECOMMENDATION: That the City Council approve the second amendment to the agreement with Habitat for Humanity for the Temecula Home Repair Program. BACKGROUND: At the March 8, 2022, City Council meeting, the City Council approved the COVID-19 Pandemic Community Reinvestment Program, which included $500,000 for low/moderate income household critical home improvements. These funds were specifically earmarked for Habitat for Humanity who has provided a similar program through the City's Community Development Block Grant (CDBG) program. On April 25, 2023, the City Council approved an Agreement in the amount of $500,000 with Habitat for Humanity. On April 30, 2024, as authorized by the City Council, the City Manager approved an extension to the term of the agreement to June 30, 2025. Habitat for Humanity recently requested the ability to increase the maximum individual home repair amount to $35,000 from $20,000 on a case -by -case basis as outlined in the updated Temecula Home Repair Guidelines. The proposed increase addresses increased costs for repairs in circumstances where critical home systems (heating and cooling, roofs, water heaters, etc.) may need repair. The scope of the program guidelines update requires City Council approval. FISCAL IMPACT: The cost of the existing agreement is $500,000, which was previously approved by the City Council during COVID-19 Pandemic Community Reinvestment Program meetings. The proposed amendment does not increase the total amount of the agreement and will have no additional fiscal impact on the City. ATTACHMENTS: 1. Agreement 2. Exhibit A — Temecula Home Repair Program Guidelines SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND HABITAT FOR HUMANITY INLAND VALLEY, INC. TEMECULA HOME REPAIR PROGRAM THIS SECOND AMENDMENT is made and entered into as of July 9, 2024, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Habitat for Humanity Inland Valley, Inc., a nonprofit public benefit corporation (hereinafter referred to as "Grantee"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On April 25, 2023, the City and Grantee entered into that certain Agreement entitled "Grant Agreement for Temecula Home Repair Program," in the amount of $500,000.00, b. On April 30, 2024, the City and Grantee entered into the First Amendment to that certain Agreement entitled "Grant Agreement for Temecula Home Repair Program" to extend the term of the agreement from June 30, 2024, to June 30, 2025. C. The parties now desire to update the Program Implementation Guidelines, listed as Exhibit "A" on the original agreement. 2. Exhibit "A" of the original Agreement, Temecula Home Repair Program Guidelines, August 1, 2022, is hereby replaced in its entirety with the attached Exhibit "A", Temecula Home Repair Program Guidelines, May 28, 2024. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Habitat for Humanity Inland Valley (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By By: 1 James Stewart, Mayor Tam y ne, hief Executive Dffi r ATTEST: By Randi Johl, City Clerk APPROVED AS TO FORM: By Ward Komers, Assistant Finance Director By. �i Z r -- i W.C-1 L Connie French, Board Chair GRANTEE Habitat for Humanity Inland Valley Attn: Executive Director 27475 Ynez Road, #390 Tammyflhabitativ.org City Purcha ng Mgr -wand 2 08/09/2021 Exhibit "A" Program Implementation Guidelines, May 28, 2024. 08/09/2021 Alft 4T The Heart of Southern California Wine Country CITY OF TEMECULA TEMECULA HOME REPAIR PROGRAM GUIDELINES Original Approval: AUGUST 1, 2022 Revised: MAY 28, 2024 Temecula Home Repair - Program Guidelines Page 1 of 6 Contents Introduction.............................................................................................................................. 3 ProgramDescription................................................................................................................ 3 ProgramBudget...................................................................................................................... 3 ProgramEligibility..................................................................................................................... 4 Reporting and Documentation.............................................................................................. 4 Conflictof Interest................................................................................................................... 5 Program Guidelines Changes or Modifications.................................................................... 6 Applicant Confidentiality........................................................................................................ 6 Nondiscrimination.................................................................................................................... 6 Program/Marketing................................................................................................................. 6 Temecula Home Repair - Program Guidelines Page 2 of 6 Introduction As a result of the COVID-19 pandemic, the City of Temecula desires to reinvest funds in the community to assist with home repairs for homeowners who make below 80% of Area Median Income (AMI). The funds will help homeowners with critical repairs such as roof repairs, HVAC repairs, and other similar repairs that make material improvements for the health, safety, and quality of life for our residents. This program will be administered by a Grantee, in compliance with the program requirements. Program Description The Temecula Home Repair Program looks to provide minor and major exterior home repair grants to qualified low-income households within the City of Temecula. A qualified low-income household shall mean homeowners that earn 80% of the Area Median Income (AMI). Qualified repairs may include: • Roof/repairs/replacements • Heating, Ventilation, and Air Conditioning (HVAC) repairs and replacements • Window retrofits • Wheelchair lifts • Accessibility improvements • Exterior home painting • Fascia repair • Life safety repairs (smoke alarms, carbon monoxide alarms, etc.) • Unsafe patio/deck repair/replacement • Water heater repair/replacement • Other similar maintenance projects The program shall include rigorous verification of income qualifications, need, project quality, compliance with all local, state, and federal regulations, and ultimately project completion. Program Budget The program budget shall be as follows: Project Expense Amount Direct Project Staffing $30,000 Job Materials and Supplies $20,000 Subcontractors $400,000 Indirect Overhead Costs 10% $50,000 Total Budget $500,000 Indirect overhead costs shall not exceed the percentage of total budget (10%) as listed above. If the project expends less than the total budget amount, the indirect overhead costs shall not exceed the total percent identified of the revised amount. Temecula Home Repair - Program Guidelines Page 3 of 6 Program Eligibility To determine program eligibility, the Grantee will determine that all beneficiaries meet the following qualifications. 1. The beneficiary may only use the program once during the term of the agreement. The one-time use may include multiple repairs. 2. An individual address may only use the program once during the term of the agreement, regardless of any change in ownership that may occur during the program. 3. The maximum grant amount per household is $20,000. The Grantee may approve an exception to exceed the $20,000 limit, but may not exceed $35,000, if the approved repairs involve critical home systems repair or replacement. For this program Critical Home Systems are defined as Heating and Cooling systems, evaporative cooler, roof, and water heater repair or replacement. 4. Income eligibility requirements must be met, as listed below. To determine income eligibility, the Grantee will use the annual income as defined by the United States Department of Housing and Urban Development (HUD). This definition is commonly called the Part 5 method. This eligibility table may be replaced by future HUD updates, as listed on https://www.huduser.gov/r)ortal/datasets/il.html. Riverside -San Bernardino -Ontario, California MSA Family 1 person 2 3 4 5 6 7 8 Size people people people people people people people Income 49,300 Limit $ $56,350 $63,400 $70,400 $76,050 $81,700 $87,300 $92,950 Reporting and Documentation The Grantee shall provide detailed reporting and documentation to verify that all funds are expended in accordance with all local, state, and federal regulations, as well as requirements outlined in the agreement, and these program guidelines. Additionally, all accounting shall follow Generally Accepted Accounting Principles (GAAP). Documentation shall include: • Date of Request • Project name with a unique number attached to each project • Project address • Project name • Owner's name • Owner's phone • Income verification and eligibility • Phone number responsible person • Signature of responsible person • Title of responsible person Temecula Home Repair - Program Guidelines Page 4 of 6 • A detailed breakdown of all costs expended for each project verification, including: o Description of work o Project costs o Expended amount o Funding through other sources o Notes that provide additional details on the project • Contractor and subcontractor estimates • Project work scope • Contractor agreements o Including a conflict -of -interest statement • Invoices with details • Copies payment • Employee records if billed against the project • Time sheets detailing program requirements • A Certificate of Completion • Photos o Date stamped photos of before project o Date stamped photos of after project • A running list of all projects that includes: o Unique project number o Total expenditures for the project o Quarter in which the project was completed Reporting shall be provided on a quarterly basis (on a regular fiscal quarter system), with reports provided on the following schedule: Reporting Period Reporting Due Date Quarter 1, 2023 April 15, 2023 Quarter 2, 2023 July 15, 2023 Quarter 3, 2023 October 15, 2023 Quarter 4, 2023 January 15, 2024 Quarter 1, 2024 April 15, 2024 Quarter 2, 2024 July 15, 2024 Quarter 3, 2024 October 15, 2024 Quarter 4, 2024 January 15, 2025 Quarter 1, 2025 1 April 15, 2025 Quarter 2, 2025 1 July 15, 2025 Conflict of Interest No member of the governing body and no official, employee or agent of the local government, nor any other person, either for themselves or those with whom they have Temecula Home Repair - Program Guidelines Page 5 of 6 business or immediate family ties, who exercises policy or decision -making responsibilities will financially benefit from this program. Program Guidelines Changes or Modifications Minor changes to these Implementation Guidelines involving administrative procedures or accommodations to adapt to unique applicant situations or opportunities, or regulatory changes may be performed with the approval of the Community Development Department. Applicant Confidentiality Grantees City will not disclose any applicant's personal confidential information as part of the program. All confidential information of applicants will be kept in a locked secured storage facility or password protected electronic files and unavailable to persons outside of the program. Nondiscrimination The Program shall be implemented consistent with the City's commitment to State and Federal equal opportunity laws. No person shall be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part with program funds on the basis of their disability, family status, national origin, race, color, religion, sex, marital status, medical condition, ancestry, source of income, age, sexual orientation, gender identity, gender expression, genetic information, or other arbitrary discrimination. The Grantee will provide reasonable accommodations and/or modifications or provide language assistance to individuals requesting such assistance to benefit from the services provided by the Program. Program/Marketing Program marketing shall be initiated by the Grantee. The Grantee may also request City support of the program, with adequate notification. Marketing will include: • Social Media postings/ Public Service Announcements/ Advertisements in a media of general circulation. • Public service announcements on City cable television. • Posting at community centers and other locations where individuals and families seek services; • Any other means of advertising as approved by deemed appropriate by the Community Development Department. Marketing and outreach shall facilitate fair access and transparency. The program shall not rely solely on web -based marketing and outreach. Alternative, non -digital forms may include electronic display board advertisements, or shared marketing with other Temecula Home Repair - Program Guidelines Page 6 of 6 entities/ organizations providing emergency assistance. Information for applicants shall include any necessary pandemic related disclosures and social distancing guidelines. A log shall be kept to document marketing and outreach to individuals and families who may be eligible for the Program. Temecula Home Repair - Program Guidelines Page 7 of 6 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: July 9, 2024 SUBJECT: Accept Dedication of Easements for Drainage Purposes Pursuant to Parcel Map 19677 and Approve Related Quitclaim Deed for Transfer to Riverside County Flood Control and Water Conservation District PREPARED BY: Anissa Sharp, Management Analyst Ron Moreno, Assistant Director of Public Works RECOMMENDATION: That the City Council adopt resolutions entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING DEDICATION OF CERTAIN EASEMENTS FOR DRAINAGE PURPOSES OFFERED ON PARCEL MAP 19677 RECORDED AS INSTRUMENT NO. 107843 ON MAY 9, 1986 IN THE OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A QUITCLAIM DEED FOR THE TRANSFER TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT OF THE CITY OF TEMECULA' S INTEREST IN AND TO CERTAIN EASEMENTS FOR DRAINAGE PURPOSES DEDICATED TO THE PUBLIC PURSUANT TO PARCEL MAP 19677 IN CONNECTION WITH THE PRADO DEVELOPMENT IMPROVEMENTS BACKGROUND: Certain drainage easements were dedicated to the public pursuant to Parcel Map 19677, which was recorded on May 9, 1986 at Pages 85-86 of Book 135 of Official Records of the County of Riverside as Instrument No. 107843 (Parcel Map 19677). The Board of Supervisors Certificate on Parcel Map 19677 confirms that the County of Riverside did not accept said drainage easements when the map was approved. Accordingly, it is necessary that the City accept pursuant to the attached Resolution the dedication of the easements for drainage purposes identified on Parcel Map 19677, including the drainage easement identified as Lot "D". The Prado Development drainage improvements required in connection with Parcel Map 19677 have been completed. The Riverside County Flood Control and Water Conservation District "District) has found the flood control improvements were constructed in accordance with the plans and specifications. Accordingly, the District is prepared to accept the storm drain improvements for operation and maintenance of the subject storm drain and drainage facilities constructed in accordance with the subject dedicated drainage easements. Approval of the Resolution approving the Quitclaim Deed will authorize the City to quitclaim to the District all of the City's interests in and to the subject easements for drainage purposes dedicated pursuant to Parcel Map 19677 and described in the Quitclaim Deed. The District will assume all right, title and interest to the construction and maintenance of drainage facilities situated within the subject drainage easements. Approval of the Resolutions would accept the dedication of the drainage easements on Parcel Map 19677 and authorize the City to quitclaim to the District the City's interest in and rights to the drainage easements dedicated on said Parcel Map. These easements for drainage purposes are described more particularly in the legal description and plat map attached to the Quitclaim Deed. The approval of the attached Resolutions would enable the District to maintain the subject drainage improvements constructed in the area of the subject easements. City Staff recommends that City Council adopt the above resolutions and authorize the City Manager to execute the Quitclaim Deed, quitclaiming to the District the City's interest in and rights to said easements. FISCAL IMPACT: The City will be relieved of maintenance responsibility for the subject storm drain improvements. ATTACHMENTS: 1. Resolution — Accepting Easements 2. Resolution — Quitclaim Deed 3. Quitclaim Deed 4. Parcel Map 19677 RESOLUTION NO.2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING DEDICATION OF CERTAIN EASEMENTS FOR DRAINAGE PURPOSES OFFERED ON PARCEL MAP 19677 RECORDED AS INSTRUMENT NO. 107843 ON MAY 9, 1986 IN THE OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. Certain drainage easements were dedicated to the public pursuant to Parcel Map 19677, which was recorded on May 9, 1986 at Pages 85-86 of Book 135 as Instrument No. 107843 of Official Records of the County of Riverside (Parcel Map 19677). The Board of Supervisors Certificate on Parcel Map 19677 confirms that the County of Riverside did not accept said drainage easements when Parcel Map 19677 was approved. B. The City of Temecula (City) is a municipal corporation, located in the County of Riverside, State of California. The authority to accept and use the easements described in the subject dedication was passed from the County of Riverside to the City of Temecula upon the City's incorporation on December 1, 1989. C. The City now desires to accept the subject drainage easements dedicated to the public pursuant to Parcel Map 19677. Section 2. Acceptance of Easements. The City Council hereby accepts the dedication of the easements for drainage purposes made pursuant to parcel Map 19677, which includes "Lot "D" and the Drainage Easements for Construction and Maintenance of Drainage Facilities." Section 3. Authorization Regarding Easements. The Director of Public Works is hereby authorized and directed to approve, and execute on behalf of the City, any such documents and instruments as may be necessary to effectuate the acceptance of the dedicaiton of the subject easements for drainage purposes made pursuant to Parcel Map 19677. Section 4. City Clerk. The City Clerk is hereby authorized and directed to record this Resolution in the Official Records of the County of Riverside. Section 5. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of July, 2024. James Stewart, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of July, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO.2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A QUITCLAIM DEED FOR THE TRANSFER TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT OF THE CITY OF TEMECULA'S INTEREST IN AND TO CERTAIN EASEMENTS FOR DRAINAGE PURPOSES DEDICATED TO THE PUBLIC PURSUANT TO PARCEL MAP 19677 IN CONNECTION WITH THE PRADO DEVELOPMENT IMPROVEMENTS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The City of Temecula (City) is a municipal corporation, located in the County of Riverside, State of California. The City has been working with Riverside County Flood Control and Water Conservation District (District) to ensure that the District has the rights necessary to maintain certain drainage improvements constructed in connection with the Prado Development Improvements. B. The construction of the drainage improvements constructed in connection with the Prado Development was completed. The District has found the flood control improvements were constructed in accordance with the plans and specifications. C. It is necessary that the City transfer to the District, the City's interest in certain easements for drainage purposes made to the public pursuant to Parcel Map 19677, which was recorded on May 9, 1986 at Pages 85-86 of Book 135 as Instrument No. 107843 of Official Records of the County of Riverside (Parcel Map 19677) so that the District can maintain the drainage improvements constructed in connection with the Prado Development Improvements. D. The Board of Supervisors Certificate on Parcel Map 19677 confirms that the County of Riverside did not accept said drainage easements when Parcel Map 19677 was approved. Accordingly, it was necessary for the City to accept the dedication of the easements for drainage purposes offered on Parcel Map 19677 to enable to the City to transfer to the District its interest in said easements. The City Council accepted the dedication of the easements for drainage purposes offered on Parcel Map 19677 pursuant to Resolution No. 2024- , A Resolution of the City Council of the City of Temecula Accepting Dedication of Easements for Drainage Purposes Offered on Parcel Map 19677 Recorded as Instrument No. 107843 on May 9, 1986 in the Official Records of the County of Riverside, which was considered by the City Council concurrently with this Resolution. E. The City seeks to quitclaim to the District the City's interests in and to the subject drainage easements that were dedicated to the public pursuant to Parcel Map 19677. F. The subject drainage easements dedicated pursuant to Parcel Map 19677 are located on portions of the real property identified as Riverside County Tax Assessor's Parcel Numbers 916-400-053, 910-271-003, 910-271-004 and 910-271-009 and are described more particularly in the Exhibits to the attached Quitclaim Deed. Section 2. Approval of Quitclaim Deeds. The City Council hereby approves the attached Quitclaim Deed, with such changes as may be mutually agreed upon by Riverside County Flood Control and Water Conservation District and the City Manager. The City Manager is hereby authorized to execute the Quitclaim Deed on behalf of the City and any such documents as may be necessary to effect the transfer of the subject drainage easements. A copy of the final Quitclaim Deed, when executed by the City Manager, shall be placed on file in the Office of the City Clerk. Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to quitclaim to Riverside County Flood Control and Water Conservation District the City's interest in and to the subject storm drain and drainage easements described more particularly in the Quitclaim Deed. Section 4. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of July, 2024. James Stewart, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of July, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 NO FEE (GOV. CODE 6103) Santa Gertrudis Valley - Harveston Storm Drain, Stage 2 Project No. 7-0-00062 Tract No. 3 8121 (PM 19677) Portions ofAPN 916-400-053, 910-271-003 910-271-004 and 910-271-009 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s) DDT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL ENTITY OR POLITICAL SUBDIVISION R&T 11922 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF TEMECULA, a municipal corporation does hereby remise, release and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic, all right, title and interest in and to those certain Drainage Easements for construction and maintenance of drainage facilities dedicated to the public pursuant to Parcel Map 19677, which was recorded on May 9, 1986 at Pages 85-86 of Book 135 as Instrument No. 107843 of Official Records of the County of Riverside and accepted by the City pursuant to Resolution No. 2024 Said Drainage Easements are situated in the City of Temecula, County of Riverside, State of California, and are described more particularly as follows: See legal description attached hereto as Exhibit "A" and depicted on Exhibit `B", and made part hereof, to be referenced hereafter as RCFC Parcel No. 7062-501A for described Strip# 1 and RCFC Parcel No. 7062-501B for described Strip# 2. CITY OF TMECULA, a municipal corporation: Date: By: ATTEST: Randi Johl Clerk to the City of Temecula am City Clerk AARON ADAMS, City Manager CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Quitclaim Deed, dated from the CITY OF TEMECULA ("Grantor") to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT("Grantee"), a body corporate and politic, is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Date: JASON E. UHLEY General Manager -Chief Engineer Project: Santa Gertrudis Valley - Harveston Storm Drain, Stage 2 Project No. 7-0-00062 Tract No. 38121 Portions of APN 916-400-053, 910-271-003 910-271-004, and 910-271-009 RCFC Parcel Nos. 7062-501A & 7062-501B APN 916-400-053, 910-271-003, -004, and -009 April 2, 2024 CITY OF TEMECULA EXHIBIT A LEGAL DESCRIPTION TWO (2) STRIPS OF LAND, EACH 30 FEET IN WIDTH, LYING WITHIN THAT CERTAIN PUBLIC DRAINAGE EASEMENT (30.00 FEET WIDE) AS SHOWN BY PARCEL MAP 19677, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ON FILE IN BOOK 135, PAGES 85 THROUGH 86, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND LYING WITHIN A PORTION OF PARCEL 17 OF PARCEL MAP 36336, ON FILE IN BOOK 239, PAGES 33 THROUGH 39, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND LYING WITHIN PORTIONS OF PARCELS 1 THROUGH 3, INCLUSIVE, OF PARCEL MAP 27239, ON FILE IN BOOK 183, PAGES 79 THROUGH 80, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE CENTERLINES OF SAID STRIPS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: STRIP# 1 COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 17 OF PARCEL MAP 36336, ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL 1 OF PARCEL MAP 27239; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 17 OF PARCEL MAP 36336 AND ALONG THE NORTHERLY LINE OF SAID PARCEL 1 OF PARCEL MAP 27239, NORTH 83°48'44" WEST, A DISTANCE OF 87.82 FEET TO THE POINT OF BEGINNING, SAID POINT BEING HEREINAFTER REFERRED TO AS POINT "A"; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 17 OF PARCEL MAP 36336 AND ALONG THE NORTHWESTERLY LINE OF SAID PARCELS 1 AND 2 OF PARCEL MAP 27239, SOUTH 63031'46" WEST, A DISTANCE OF 680.29 FEET, TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 180.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 153.41 FEET, THROUGH A CENTRAL ANGLE OF 48050'00" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 180.00 FEET, A LINE RADIAL TO SAID BEGINNING OF CURVE BEARS SOUTH 75018'14" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 111.32 FEET, THROUGH A CENTRAL ANGLE OF 35°25'58"; THENCE LEAVING SAID CURVE ON A NON -TANGENT BEARING, SOUTH 55"38'18" WEST, A DISTANCE OF 20.87 FEET, MORE OR LESS, TO A POINT OF TERMINUS IN THE NORTHEASTERLY LINE OF THAT CERTAIN PROPERTY GRANTED TO THE CITY OF TEMECULA BY GRANT DEED RECORDED MAY 05, 2022, AS DOCUMENT NO: 2022-0225949, OFFICIAL RECORDS OF SAID COUNTY, SAID LINE ALSO BEING LINE "A" AS DESCRIBED THEREIN. THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED AS TO TERMINATE IN SAID LINE "A". THE ABOVE DESCRIBED STRIP OF LAND CONTAINS 28,977 SQUARE FEET, MORE OR LESS. STRIP #2 BEGINNING AT THE AFOREMENTIONED POINT "A"; APN 916-400-053, 910-271-003, -004, and -009 CITY OF TEMECULA April 2, 2024 THENCE ALONG THE NORTHEASTERLY PROLONGATION OF SAID SOUTHEASTERLY LINE OF PARCEL 17 OF PARCEL MAP 36336 AND ALONG THE NORTHEASTERLY PROLONGATION OF SAID NORTHWESTERLY LINE OF PARCEL 1 OF PARCEL MAP 27239, NORTH 63*31,46" EAST, A DISTANCE OF 19.29 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 8.33 FEET, THROUGH A CENTRAL ANGLE OF 01 °35'25" TO THE POINT OF TERMINUS IN A LINE THAT IS PARALLEL WITH AND DISTANT 15.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM SAID SOUTHERLY LINE OF PARCEL 17 OF PARCEL MAP 36336 AND SAID NORTHERLY LINE OF PARCEL 1 OF PARCEL MAP 27239; THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED AS TO TERMINATE IN SAID PARALLEL LINE. THE ABOVE DESCRIBED STRIP OF LAND CONTAINS 818 SQUARE FEET, MORE OR LESS. THESE LEGAL DESCRIPTIONS ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. THESE LEGAL DESCRIPTIONS HAVE BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. 4 1-41 4/�2 ERIC K. OSTERODE, PLS 9371 SB&O, INC. 41689 ENTERPRISE CIRCLE NORTH, SUITE 126 TEMECULA, CA. 92590 0 DATE OF Ep 0. 2. Mffly- Y1@ i n12.00'--- l 3�0'X20'E-- P.O. T. i STRIP #1 LINE "A" PER GRANT DEED RECORDED 0511612022 AS DOC. #2022-0225949, O.R. P.O.T. EXHIBIT "B" .3g � STRIP # jo � ►v o 36 3r 9�33 0 0 � � Q 00X/ 12 0 sN ❑4 23.00' U V / 0 1 I Z d 9�60 ` Q foll RG' SCALE. • 1" = 150' / pNp,4 LANp G\ s o ERIC K. �c a- OSTERODE 0M �c No. 9371 cr, CAU ERIC K. OSTERODE, PLS 9371 DATE 150' 75' 0 150' q7 LEGEND ®INDICATES R.C.F.C. & W.C.D. EASEMENT STRIP #1 AREA = ±28,977 S.F. STRIP #2 AREA = f818 S.F. P.O.C. INDICATES POINT OF COMMENCEMENT P.O.B. INDICATES POINT OF BEGINNING P.O.T. INDICATES POINT OF TERMINUS SEE SHEET 2 FOR EASEMENT NOTES AND TABLED DATA Z u PLANNING ENGINEERING SURVEYING 41689 Enterprise Circle North, Suite 126 Temecula, Co. 92590 VKpVffY tijgp 951-695-8900 951-695-8901 Fax SHEET i OF 2 EASEMENT NOTES INDICATES 30' PUBLIC DRAINAGE INDICATES A LANDSCAPE EASEMENT IN 1 EASEMENT PER PARCEL MAP 19677, L_!_j FAVOR OF RANCHO CALIFORNIA P.M.B. 135185-86 AND 30' PRIVATE CORPORATE PARK RECORDED MAY 30, DRAINAGE EASEMENT IN FAVOR OF 1986 AS DOCUMENT NO. 124862 OF RANCHO CALIFORNIA CORPORATE PARK OFFICIAL RECORDS. RECORDED MAY 30, 1986 AS DOCUMENT INDICATES A LANDSCAPE MAINTENANCE NO. 124862 OF OFFICIAL RECORDS r5l ACCESS EASEMENT IN FAVOR OF RANCHO 2] INDICATES A PIPELINE EASEMENT IN CALIFORNIA CORPORATE PARK RECORDED FAVOR OF RANCHO CALIFORNIA WATER MAY 30, 1986 AS DOCUMENT NO. 124862 DISTRICT RECORDED JULY 9, 1993 AS OF OFFICIAL RECORDS. DOCUMENT NO. 264140 OF OFFICIAL INDICATES TEMPORARY CONSTRUCTION RECORDS 7 EASEMENT IN FAVOR OF THE CITY OF INDICATES A PIPELINE EASEMENT IN TEMECULA RECORDED MAY 16, 2022 AS F-31 FAVOR OF RANCHO CALIFORNIA WATER DOCUMENT NO. 2022-0225952 OF DISTRICT RECORDED JUNE 13, 1997 AS OFFICIAL RECORDS DOCUMENT NO. 207612 OF OFFICIAL RECORDS /NCO STRIP 2 $ o o \\ POINT "A» P.O.B. STRIP & S7RIP#2 I / ; 4 "Z L1 P. 0. C. _ \ STRIP 1 /I NE COR PCL 1 / 0 23 00' SE COR PCL 17 DETAIL "A" 1 " = 50' EXHIBIT LINE DATA BEARING DISTANCE L 1 N83 4844"W 87.82' L2 N6331 '46 "E 680.29' L3 N5538'18"E 20.87f L4 N63 31 '46 "E 19.29' CURVE DATA "B DEL TA RADIUS LENGTH C1 48 50'00" 180. 00' 153. 41 ' C2 35 2558" 180.00' 111.32' C3 0135'25" 1 300.00' 1 8.33' B&OZd PLANNING ENGINEERING SURVEYING 41689 Enterprise Circle North, Suite 126 Temecula, Co. 92590 951-695-8900 951-695-8901 Fax SHEET 2 OF 2 OWNER'S CER T6EI CA TE wE I] FILnr-czy CCMrrrii T11AT )/G ADS TUG I) AIG70C nT TUE-= AAl/7 INCLUDED WITHIN THE SUBDIVISION 614OWN NEREON; THAT WE APE T11E ONLY PE-290AIS WUC6E CONSENT 15 A1E0E384RY TO P490 4 CLEAR TITLE TO SAID t4N,7; TNgT WE CONSENT TO TyE MAILING 41V0 gEVOROING OF TI119 9US01VISIDAI Mop AS GUOWN WIT91N THE VISTIIVCTIVE 8000EQLINE. WE HEREBY OEOICATE TO PU6U0 USE FOR 5TWEETANO PUSUC UTILITY PURPOSES LOTS .A' 41VO "B" RS A 00N0ITION Op OEOICATION OF LOT "611 (WINCH63TER ROAD / STATE 141GNW4 Y 79 ) , THE OkINE/ZS Ol-' PARCEL I -, A8UTTIAI G TH1S 919NW4Y AND DUPING SUCH TIME WILL H4VE' NO RIGHTS OF RCCESS EXCEPT THE GEAIERAL EASEMENT Or Tk4 VEL, ALSO EXCEPTING ONE FORTY FOOT ACCESS' OPENING IN PARCEL, NUM39R 149,91YOWN HEREOAI. ANV CHANGE OF ALIGNMENT 00 WIDTH TRRT RESULT,4 IN THE VACATION THEREOF S994LL TERMINATE T1119 CONDITION OF 40CEM RIGHTS► 49 TO THE PART V404TED. WE FlEaE8V DEDICATE RSUTTEW RIGHTS' OF ACCE99 400- lAlT ERS'T4T E 1:1 TO THE PUSUO. N%JRCC(,s' i T l'R0USH T fIE UWFVtK;F S U 4 , 1AICLUSIVE, ABUTTING T1419 1419HW4Y ANO DURINE SUCH TIME WILL NAVE AIO 0914T9 OF RCCE93. WE 9ERESV VEalCATE TO T#F COUNTY OF RIVERSYIDE 1 /) ONE FOOT a,4RR1�,R STRIP, COT' "C I FOR QoAD qNU ACCESS 00NrR0L . WE RL90 14ERE8V DEDICATE TO THE PU&10, SCOPE EVE-MENT9, klITN THE PRIVILEGE AIVD R16WT' TO EXTEND AND MVITAIA/ EXCAVATION AND EM8AA1VMENT 9COPE9 AT A RRTIO NO FLATTEP THAN TWO FEET HORIZONTAL TO ONE FOOT VER7704L IN THE LAN17 BEYOND T14E UMI R9, OF THE ROAD SIGHT OF WAY LINES' WHERE RE LV K(IV FCR ! IAIN cIV/a1vCE VF MUM-' Ilr/rKVVeIV%Cl'V/0 . WG 140YU NERC8V DEDICATE TO PUOLIC V9E LOT "'D„ 4NO THE DRAIA749-E FiVEMEN73' FOR CONS 00770AI 4A10 MAIAITENANCE OF 024IN,49E cRC1LIT7ES' x4ISER OUVELOPMENT COMPAAW, 4 04LIFORN14 CORP024TION, WHICH 40QUIQEO TITLE RS ZA0OR REALTY, INC. , 4 041177RN14 00RP074TION. s 6y : 4UTHORIZE0 AGENT NOTARY A�"K&"OV®LEOCEE Aw'T STATE OF CA UFORNI4 J 69 COUNTY of RI VERB l0E ONE; `0 , I r , BEFORE ME . ( here �. ..;r`�:S A 07A / PU800 IN ANO FOR SA17 STATE, P0760 V UY 4RPE4RE,7 r PERNNALLY IINOWN TO ME FO BE 7-9E PEP,90N WHO EXECUTED TUE WITHIN INSTRUMENT R5 AGENT FOR TAIE CovonvnTMAF T;uT-pFlly� AiAO;rcn; Alvin ACRNOLe1&raG6o TO ME T. . 6UCN COPPOR4TION EXECUTED THE SAME WITNESS MY HAND ANO OFFICIAL SE4L. 4' `,EAT jLNSEN .ttt'+>•;'� or,r i'l,b rattlORNIA „SCE IN NlY , xpire5 June .3 17$`J MY COMMISSION EXPIRES PAO AN CEL ,£_W M �- 8EING -4 01VIVIONPORT70AI6 /. / ! ,/ 41VO fig 911OWA1/ • I HEREBY CERTIFY T94T 4000,2CING TO THE RECORDS OF THIS OFFICE, 45 OF THl S 1TE, TNEQE 4PF NO LIENS 4041ANT T1NE PkOPERTY 9IIOWN ON THE VITNIN Mop FOR UAIP4/0 STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL AGSEGGMEAVT6 COLLECTEO 45 T4XEO , EXCEPT T4XE9 OR 9PEC141, A6%S31wENT9 COLLECTED AS TAXES NOW A LAN BUT NOT YET P0,0LE3 WWOC l AQE ESTIM4TE0 TO SE 4 14, 000 OATEg ,198(,,- !Z. WAYNE WATTS , 09UNTY TAX COU,ECTOR TAX BOND CERTIFICATE I YEQE8Y CEPTI FY TIVT A 60IU0 /Al THE 5UM OF � 14,13 a o N49 gEEAI EXECUTF0 AND FILED WITH THE 8r>aQO OF GUPERVIGORS OF THE COUNTY OT 471VEQSIOE, CALI042Nl.4, 0NOITIDIVE0 UPON THE POE'I 0, ALL TAXES, 8T4TE, COUAITY, 1l9U.AF101P4L OR L0C,4L. , AN0 ALL SPECIAL RSSE9gfv1EP.ITS COLLECTED 49 TAXES, W411(lI A' THE TNOF/!E T1419 iWP WI T4 THE COUNTY RECORDER ARE A UEAI A641N5T 9A10 PROPERTY BUT NOT VET PAV48LE ANO 9410 8oN0 NAS 6EE1V DULY APPROVED 8y 9410 304PO of SUPERV/50R9. 90FEQ: 6 - ('o , l98 6 GEQALO 4. M 01VEY cLERrl OF TUE aogRo of SU,cEA7V18047s 8v: 6,6. oE,oury RECORDERS CERTIFICATE PILED THIS q774 DAY OF , ATv- QQ PAI. 11V 600K OF PARCEL MAPS, 4T PAGE B --f- 84o , 4T THE REQUEST Pir THE CLEQk OF THE 604R0. N0 � 3 WIU14 oIVERLY, COUNTY RECOPOEQ 8y : �. DEPUT Y 5001V/SION GUOR4NTEE: TICORITITLE 1N U&'ANCE CO. OF CALITORNIA ENGINEERS CERTIFICATE T415 MAP WZI9 PREPAREO BY ME OR UNOEQ MY OfflECT/ON RN0 /S 648EC UPON A FIELD SURVEY IN CONFORMANCE WIT 4 THE IZEOUIREMENT9 OF T1/E SUBFJIVIGION MV ACT ANO LOCAL ORDINANCES 4T THE REQUEST OF C6464 F 90 ON 44NUARY 15,1985. 1 HERESY CERTIFY TTg4T ALL MONUMENTS ARE OF THE CNgRgCTER 4AI0 OCCUPY T11E P081TION9 W&CATEO, OR THAT TREY WILL Ge SET IN 8UCH POSITIONS ON OR BEFORE SEP 25, 198(; ANO THAT SAW MONUMENTS NRE SUE- F ICI Ef Tn C A1170C T-LX 4119VFV Tn P.E DF79MIF- CJ I HFA7E9Y STUE THAT THIS D/JDncl M110 gf)R�`T/l A/ 71AI F V MALE MIg 1aDPQOVEOn4F 7P I\\. I.r 1. /^' vvVn... .... •ir coN01T1'ONALLY RPPgoVEO TENTATIVE MAP, IF ANY. ANTNONY J T IC1I RCE 21914 COUNTY Y _S_ UR VE YOBS CERTIFICATE T11/6 MAP CONFORMS WITH THE REQUIREMENTS OF THE 0601VIGl4N MAp ANO L004L ORDNANCES. I #ERE8Y CERTIFY TUAT I HAVE EXAMINEO THIS MAP 00 FOUNO IT TO 6E SUSSMAITI4LLY 77.1E GAME 46 IT APPEARED ON T11F TENTATIVE MAp OF PARCEL MRP 19&77 49 F1LEO, 4MENOF0 ANO ApPROVED LAY TILE 804Ro OF 9UPERVI6096 ON 5Ep 251 1984 , TI,FE EXPh?4TlON GATE BEING 9E 25,1Y9 ; AND T947- I AM SAT16PEo TNlS MAp /9 TENNICALLY CORRECT. XTEO : l98_ LeRoy 0. 6moot COUNTY SURVEYOR THE COUNTY OF FIVE09/0E1 STATE OF 041IFO2NI14 , 8Y ITS 80ARO OF SUPERVIS00 HE ,3Y 4PPOVE9 THE P4120EL 1V7AP ANO 40CEP3' TIE 01' RS' OF DEDICATION MADE HEREON PURSUANT TO THE SUBOIVIVON MAP ACT ANO LOCAL OPOINANCE OF COT "'R "' l YNEZ 0040) FOR PU511 C ROA D ANO PUBLIC UTILITY PUPPOSE9 4ND AS PORT OF THE COUNTY MAINTAINE,9 2040 SYSTEM, 4NO ACCEPTS ME OFFER OF OEOICATION OF QBUTTER3 RIGHTS OF 4CNE93 ALONG INTERSTATE I5 ANO THE OFFER OF OE0/04TI0N FOQ 08H7- Or W4Y [ I UT 16 ") 41Vo ABUTTERS R16`147G vF 4 CCEss ALONs WINCNESTER R0.40 / STATE HIRYWAY 791 FOR PUBLIC R0447ANO PU811C UTILITY PURPOSES ANO .4S P49T OF THE STATE- HIGHWAY MAINTAINEo P040 SYSTEM. THE ROPE RNO OR41AIAGE EASEMENTS ARE HERESY NOT ACCEPTER tor "C IS 146wusY p OOEPTEZ). Oil TEO : 5 - (, 1686 COUNTY OF RIVE99I0E, STATE of CAL/FORNIA 8Y: CHAIRMAN OF THE 80ARo 0 SUP'ERVISORS 4TTEST. GE24LO A. M41ONEY CLEQ1! 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Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: July 9, 2024 SUBJECT: Approve On -Call Agreements for Various Consulting Services for the Department of Public Works for Fiscal Years 2025-29 PREPARED BY: Amer Attar, Engineering Manager Emalee Sena, Assistant Engineer I RECOMMENDATION: That the City Council approve on -call agreements for various consulting services for the Department of Public Works for Fiscal Years 2025-29, as listed below. BACKGROUND: There are various projects in the City's recently approved Capital Improvement Program (CIP) Budget for Fiscal Years 2025-29. Some will require the services of the chosen consultants. Annual agreements are utilized to streamline the process for on -call services. When the need for service arises, the City would request a proposal from one of the selected consultants to do the work. Upon approval of the proposal, the funds to do the work are allocated from the budget of the specific project requiring the work. Only approved CIP and Operating Budget projects will utilize the services of these agreements, unless directed otherwise by the City Manager or the City Council. The City advertised the Request For Proposals (RFP) for various On -Call Services on its online bidding service, PlanetBids. All proposals were evaluated and ranked competitively based on factors including responsiveness, qualifications and experience, technical approach and timeline, and pricing. Members of a selection committee performed independent evaluations of each proposal and conferred collectively as a group. The highest-ranking proposals for on -call consulting services are listed below for City Council approval: RFP 289 - On -Call Architectural Services -17 Proposals received Rank Consultant Term Max Value Per Term 1. Dahlin Group, Inc. FY 2025-29 $1,000,000 2. Ferguson Pape Baldwin Architects FY 2025-29 $1,000,000 3. Delawie FY 2025-29 $1,000,000 RFP 290 - On -Call Construction Management Services - 25 Proposals received Rank Consultant Term Max Value Per Term 1. Falcon Engineering Services, Inc. FY 2025-29 $1,000,000 2. Ardurra Group, Inc. FY 2025-29 $1,000,000 3. Dudek FY 2025-29 $1,000,000 4. Anser Advisory FY 2025-29 $1,000,000 RFP 291 - On -Call Engineering & Environmental Services -19 Pro osals received Rank Consultant Term Max Value Per Term 1. Mark Thomas & Company, Inc. FY 2025-29 $1,000,000 2. IMEG FY 2025-29 $1,000,000 3. Dokken Engineering FY 2025-29 $1,000,000 4. MNS Engineering, Inc. FY 2025-29 $1,000,000 5. NV5, Inc. FY 2025-29 $1,000,000 RFP 292 On -Call Mapping & Survey Services - 14 Proposals received Rank Consultant Term Max Value Per Term 1. CL Surveying and Mapping, Inc. FY 2025-29 $300,000 2. Michael Baker International, Inc. FY 2025-29 $300,000 3. David Evans and Associates, Inc. FY 2025-29 $300,000 RFP 293 On -Call Geotechnical and Material esting Services -18 Proposals received Rank Consultant Term Max Value Per Term 1. Verdantas Inc. FY 2025-29 $1,000,000 2. Twining, Inc. FY 2025-29 $1,000,000 3. Geocon West, Inc. FY 2025-29 $1,000,000 4. Aragon Geotechnical, Inc. FY 2025-29 $1,000,000 RFP 294 On -Call Property Acquisition Services - 5 Proposals received Rank Consultant Term Max Value Per Term 1. Monument FY 2025-29 $1,000,000 2. Bender Rosenthal Incorporated FY 2025-29 $1,000,000 RFP 295 On -Call Traffic Engineering Services -12 Proposals received Rank Consultant Term Max Value Per Term 1. STC Traffic, Inc. FY 2025-29 $1,000,000 2. Willdan Engineering FY 2025-29 $1,000,000 3. Advantec Consulting Engineers, Inc. FY 2025-29 $1,000,000 The services of these firms will be utilized within the Department of Public Works for Capital Improvement Program (CIP), Land Development (LD), Traffic Engineering, and Maintenance projects, as needed. Consultants will be called upon to provide all levels of involvement. When service is needed, staff will establish a scope of work and obtain a cost proposal from one or more of the firms. Once an agreeable scope and fee has been finalized, appropriations from an adopted CIP project budget or LD and Maintenance Operating Budget will be allocated to support the work. Each agreement includes a five-year term and provisions for an adjustment in payment rates at the beginning of each fiscal year which will be considered in conjunction with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. Together, these on -call agreements will provide fast and flexible professional services needed to support the Department's dynamic needs and augment City staff when necessary. FISCAL IMPACT: There is no fiscal impact associated with the approval of the on -call agreements. Funds to support any service under the agreements will come from approved CIP or Operating Budgets. ATTACHMENTS: 1. Agreements - Architectural Services 2. Agreements - Construction Management Services 3. Agreements - Engineering & Environmental Services 4. Agreements - Mapping & Survey Services 5. Agreements - Geotechnical & Materials Testing Services 6. Agreements - Property Acquisition Services 7. Agreements - Traffic Engineering Services AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND DAHLIN GROUP, INC. ON -CALL ARCHITECTURAL SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Dahlin Group, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 05/16/2024 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to hftp://www.dir.ca-gov/Public-Works/PublicWorks.html 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION A. Indemnity for Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated 05/16/2024 volunteers and those City agents serving as independent contractors in the role City officials (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8. B. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in 05/16/2024 accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. a. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. b. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 05/16/2024 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. c. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. d. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. e. Special Risks or Circumstances_ The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 05/16/2024 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Dahlin Group, Inc. Attn: Stephanie Fujimura 5865 Owens Drive Pleasanton, CA 94588 05/16/2024 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: DAHLIN GROUP, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Nancy K en , Chief Executive Officer By Peter M. Thorson, City Attorney CONSULTANT Dahlin Group, Inc. Attn: Stephanie Fujimura 5865 Owens Drive Pleasanton, CA 94588 -(925) 251-7288 -stephanie.fujimura@dahingroup.com 05/16/2024 EXHIBIT A Tasks to be Performed All tasks to be performed are per the proposal provided by the Consultant attached hereto and incorporated herein as though set forth in full. • Programming Based on the Goals, Needs, and Function of the Project; Design Expectations and Available Budget • Urban Design and Master -Planning • Renderings, Promotional Materials, and Digital Simulations • Schematic Design; New Layout, Existing Plans, Renovation and Restoration Plans, and Demolition Plan • Measurement and Condition Survey and Drawings of Facilities • Design Development of Facilities and Parks, Including Electrical, Plumbing, Heating and Air Conditioning (HVAC) Plans • Construction Cost Estimates • Construction Documents • Construction Management Including Inspections • Americans With Disability Act (ADA) Facilities and Parks Improvements • Interior Design, Including Selection and/or Design of Furniture, Fixtures and Equipment • Energy Efficiency and Sustainability Consultation and Advice • Coordination With Other Consultants, Agencies and Utility Purveyor • Other Miscellaneous On -Call Architectural Services 10 05/16/2024 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $ ! 400, 000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 11 05/16/2024 2024-2025 PRESIDENT, VICE PRESIDENT, SENIOR VICE PRESIDENT, FOUNDER 2024: $275 - $300 BASIC HOURLY 2025: $280 - $305 RATE SCHEDULE PRINCIPAL, DIRECTOR: MANAGING PRINCIPAL, MANAGING DIRECTOR, SENIOR PRINCIPAL, 2024: $210 - S270 SENIOR DIRECTOR 2025: $215 - $275 SENIOR - ARCHITECT PROJECT MANAGER, PROJECT SPECIALIST, DESIGNER, PLANNER 2024: $190 - $200 2025: $195 - $205 ARCHITECT, PROJECT MANAGER, PROJECT SPECIALIST, DESIGN MANAGER 2024: 3170 - $180 2025: $175 - $185 JOB CAPTAIN, INTERIOR DESIGNER, BIM SPECIALIST, DESIGNER, PLANNER 2024: $130 - $160 2025:$135-$165 DESIGNER/DRAFTER 2024 + 2025- $100 - $120 ADMINISTRATION 2024: S85 - $125 2025: $85 - S130 RATES EFFECTIVE THROUGH DECEMBER 31, 2025 AND MAY BE ADJUSTED ANNUALLY C 1¢;''fw-1 ---- Stephanie Fujimura Principal / Senior Architect Stephanie.tujimura@dahlingroup.com 12 05/16/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND FERGUSON PAPE BALDWIN ARCHITECTS ON -CALL ARCHITECTURAL SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Ferguson Pape Baldwin Architects, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 05/16/2024 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at htt ://www.dir.ca, ov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION A. Indemnity for Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated 05/16/2024 volunteers and those City agents serving as independent contractors in the role City officials (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8. B. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE RE!gUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in 05/16/2024 accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. a. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. b. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 0104 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 05/16/2024 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. c. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. d. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. e. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 05/16/2024 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Ferguson Pape Baldwin Architects Attn: Ann Shelton 4499 Ruffin Road, Suite 300 San Diego, CA 92123 05/16/2024 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Ann Shelton, Vice President By: Jeana anger, Executive Vice President By: Peter M. Thorson, City Attorney CONSULTANT Ferguson Pape Baldwin Architects Attn: Ann Shelton 4499 Ruffin Road, Suite 300 San Dieqo, CA 92123 6( 19)_231-0751 asheiton@fpbarch.com 05/16/2024 EXHIBIT A Tasks to be Performed All tasks to be performed are per the proposal provided by the Consultant attached hereto and incorporated herein as though set forth in full. Programming Based on the Goals, Needs, and Function of the Project; Design Expectations and Available Budget • Urban Design and Master -Planning • Renderings, Promotional Materials, and Digital Simulations • Schematic Design; New Layout, Existing Plans, Renovation and Restoration Plans, and Demolition Plan Measurement and Condition Survey and Drawings of Facilities • Design Development of Facilities and Parks, Including Electrical, Plumbing, Heating and Air Conditioning (HVAC) Plans • Construction Cost Estimates ■ Construction Documents ■ Construction Management Including Inspections • Americans With Disability Act (ADA) Facilities and Parks Improvements • Interior Design, Including Selection and/or Design of Furniture, Fixtures and Equipment • Energy Efficiency and Sustainability Consultation and Advice • Coordination With Other Consultants, Agencies and Utility Purveyor • Other Miscellaneous On -Call Architectural Services 10 05/16/2024 Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed LI, 000 000. Qg for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 11 05/16/2024 EUSON PAPE = PAP E3ALOWIN ARr-.HITFr.TR SCHEDULE OF HOURLY BILLING RATES (Effective January 2024) Principal 260.00 Director 235.00 Sr. Project Manager 225.00 Sr. Project Architect J Sr. Designer / Project Manager 210.00 Project Architect i Designer III 190.00 Sr. Job Captain / Designer II 180.00 Job Captain / Designer 1 155.00 Junior Designer 140.00 Clerical 90.00 When authorized by the Owner in writing, expense of overtime work will be billed higher than regular rates. Reimbursable Expenses Reimbursable expenses are actual expenses made by the Architect, the Architect's employees and consultants in the interest of the Project and include, but are not limited to the following expenses, - Expenses of transportation in connection with the Project; living expenses in connection with out-of-town travel and long distance communications, as approved by, and negotiated with Owner Expenses of reproductions including plotting°printing of CAD files, renderings and other electronic data, postage, permit processing service. delivery and handling of drawings and other documents. Expenses for hiring a Permit Processing Consultant to assist with Building Permit plan check and other regulatory related services. Reimbursable expenses shall be billed at cost + 10% administration costs 4499 Ruffin Road Suite 300 wyjjj iufiarcf; corn 575 Sutter Street Suite 201 San Diego CA 92123 619 231 0751 San Francisco CA 94102 650 331 0754 12 05/16/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND DELAWIE ON -CALL ARCHITECTURAL SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Delawie, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 05/16/2024 C. Consultant' will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca,goy/Public-Works/PubiicWorks.html 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION A. Indemnity for Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated 05/16/2024 volunteers and those City agents serving as independent contractors in the role City officials (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8. B. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in 05/16/2024 accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. a. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. b. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 05/16/2024 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. c. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. d. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. e. Special Risks or Circumstances_ The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 05/16/2024 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a.. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Delawie Attn: Dave Irelan 1515 Morena Blvd. San Diego, CA 92110 05/16/2024 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following 05/16/2024 non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: DELAWIE (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By:� Greg McClure, LEED AP BD+C, Secretary By: Peter M. Thorson, City Attorney CONSULTANT Delawie Attn: Dave Irelan 1515 Morena Blvd. San Diego, CA 92110 _ 619 299-6690 direlan@delawie.com 10 05/16/2024 EXHIBIT A Tasks to be Performed All tasks to be performed are per the proposal provided by the Consultant attached hereto and incorporated herein as though set forth in full. • Programming Based on the Goals, Needs, and Function of the Project; Design Expectations and Available Budget • Urban Design and Master -Planning • Renderings, Promotional Materials, and Digital Simulations • Schematic Design; New Layout, Existing Plans, Renovation and Restoration Plans, and Demolition Plan • Measurement and Condition Survey and Drawings of Facilities • Design Development of Facilities and Parks, Including Electrical, Plumbing, Heating and Air Conditioning (HVAC) Plans • Construction Cost Estimates • Construction Documents • Construction Management Including Inspections • Americans With Disability Act (ADA) Facilities and Parks Improvements ■ Interior Design, Including Selection and/or Design of Furniture, Fixtures and Equipment • Energy Efficiency and Sustainability Consultation and Advice • Coordination With Other Consultants, Agencies and Utility Purveyor • Other Miscellaneous On -Call Architectural Services 11 05/16/2024 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1, 000, 000. 00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 12 05/16/2024 Fee Schedule Pricing Form (Cost File) rj delawie Architecture - Experience • Inteority --- � - Piinms - - fAchael L Asarq ALA, LEED AP Pal E. &hmeder, PA Associate DBIA Frank Ternashy. ALP, LEED AP Greg McOure. AIA, LEED AP BD+C Darid C Irelan. AreNkL t. LEED AP Akron R Morita, Arrhbra, I FEP AP hichael McGrrire, Ardvted Matthew Sanon, Archited Attachment A Hourly Rates: Effective January 1, 2024 (updated per corporate policy) Principal $ 310.00 Senior Associate $ 235.00 Associate $ 195.00 Design Quality Control Manager $ 195.00 Senior Project Manager $ 185.00 BIM Technology Manager $ 165.00 Project Manager $ 160.00 Architect $ 155.00 Job Captain $ 150.00 Intern III $ 140.00 Intern 11 $ 130.00 Intern 1 $ 110.00 Project Accountant $ 140.00 Project Admin Support $ 98.00 Director of Interior Design $ 240.00 Senior Interior Designer $ 190.00 Interior Designer Il $ 130.00 Interior Designer 1 $ 100.00 rcmmy Petricka jammy.Petricka@Tern Reimbursable Expenses: Reimbursable expenses are in addition to the professional fees and are billed at cost x 1.15_ Reimbursable expenses include but not limited to: • Mail, delivery, and courier services. • Transportation costs including airfare, car service or mileage costs at the current IRS rate per mile. • Lodging and meals 50 miles outside of workplace. • Food and beverages for Owner -requested meetings. • Long distance communication, conference call and web -based meeting charges. • Revit A360 cloud licenses for design team for length of the project or $85/mo each licensed design team member. • Fees required by public authorities (Payment by Architect on a case -by -case basis and subject to additional charge). • Financial institution fees for wire transfers if requested by Owner. • Third party digital storage / management of project speck documents. • Digital services and reprographics for client reviews, agency submittals, contractor bidding and requests. • Reprographic and photographic expenses In-house pricing: • Large format printing / copies $15.00 per sheet • Medium format color copies (11" x 17") $ 1.00 per sheet • Small format color copies (8-'/z" x 11 ") $ .50 per sheet 1515 Morena Blvd. San Diego, CA 92110 . T 619.299.6690 , F 619.299.5513 www.delawie.com City of Temecula RFP No. 289 On -Call Architectural Services 13 05/16/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND FALCON ENGINEERING SERVICES, INC. ON -CALL CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Falcon Engineering Services, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 05/16/2024 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http:/Iwww.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PubljcWorks.html 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any 05/16/2024 and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 05/16/2024 b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or 05/16/2024 better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project 05/16/2024 or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Falcon Engineering Services, Inc. Attn: Wael Faqih 41593 Winchester Road, Suite 120 Temecula, CA 92590 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern 05/16/2024 the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Maha Faqih, P.E., President Wael Faqih, P.E., Vice President By: Peter M. Thorson, City Attorney CONSULTANT Falcon Engineering Services, Inc. Attn: Wael Faqih 41593 Winchester Road, Suite 120 Temecula, CA 92690 (951) 768-9419 wfagih@falcon-ca.com s 05/16/2024 EXH I BIT A Tasks to be Performed The specific elements (scope of work) includes on -call construction management service for Public Works projects. The general scope of service for each project will vary. Typical services that may be required on Public Works projects could include, but may not be limited to some or all of the following services: • Professional project management and construction contract administration, including correspondence, scheduling, progress meetings, progress payments, reporting, logging, filing, community outreach, inter -agency coordination, etc. Professional Inspection. This may include one or more of the following: civil, structural, survey, electrical, hydraulic, traffic, geotechnical, landscaping and irrigation, and wet/dry utilities. Quality Assurance, including materials sampling and testing. • Environmental compliance, including National Pollutant Discharge Elimination System (NPDES) implementation and resource agency permits. Utility coordination. • Labor, health, and safety compliance. Pre -construction services. This will include reviewing contract plans, specifications, agreements, and contract documents; providing assistance in responding to Requests for Information (RFI) during bidding; providing assistance in Bid Analysis; meeting and establishing communication protocols with the City's Oversight Engineer and Project Manager, Design Engineer, and execute all preconstruction meetings. Post -construction Services. This will include preparation of as-builts, punch list and final documentation and turnover of project files. 10 05/16/2024 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 11 05/16/2024 COMPANY: SCOPE OF WORK: Wael Faqih, PE Principal in Charge Project Manager/Contract Kurt Pegg, PE Admin/Construetability Review(Claum,-Tecbmcal SuppostiScheduler Deputy Project Manager' Ashraf Mohamed. PE Construction Manager Cla:ms!Technical Support Deputy Project Manager/ Tariq Malik, PE, CCM, QSDi? Construction Manager Claim /Technical Support Juan Rojas, PE, QSD,P Construction Manager/ C1u111s?Technical Support Majid Afanaa, PE, QSD'P Construction Manager Alhakem Alina, PE, QSD�P Construction Manager Mohammad Khalaileh, PE, CCM, QSD/P Construction Manager, Scheduler Ahmad Faqih PE, QSD+'P Construction Manager Roadway Smienre Inspector Zaid Afauan, PE, QSD/P Construction Manager Roadwav/Structu re Inspector Alex Naime, PE, QSD.+P Roadwayistructure Inspector Ahmed Hamasha Roadway+Structure Inspector Dennis Parker Roadway/Structure Inspector William (Bill) Henry. PLS Roadway;Stnuture Inspector Crosby Rodriguez Roadway/Structure Inspector Mosallam Alwasri Roadway'Structure Inspector Yazan Alfaqih Roadway/Structure Inspector Derek Armon Roadway/Structure Inspector Samih AI-Sharabati, EIT Roadway/Structure inspector Tim Kirk -ley Transportation Engineer Ziad A1-Dasougs. PE JX) Roadway Inspector Mark Jardioliu Roadway Inspector Nick Smith Roadway Inspector Tim Dexter Roadway Inspector Jose Valle Roadway Inspector Jose Ramos Roadway Inspector Maliha Malik Roadway Inspector Attef Naime Roadway Inspector Mohammad Al-Bargaws, PE Structure Inspector Syed Afzal Biyabani; EIT Structure Inspector Reymundo Angeles Structure Inspector Alan Dever. PE Structure Inspector Amber Christian Structure Inspector David Pangle Structure Inspector Hakim AI-Fayiz Structure Inspector Nayef Al-Fayiz, EIT Structure Inspector DATE $378.06 $403.27 $304.97 $340.26 $318 83 $277.25 S285.97 $315.05 $340.26 $299.85 $287.33 $252.04 $209.83 $211.72 $201.63 $252.04 $204.15 $252.04 $221.90 S239.44 $256.88 $214.24 $100.92 $196.59 $226.94 S 226.84 $206.69 $126.02 $239.44 5214 24 $226.94 $255.82 $226.84 $211.82 $301.97 $ 201.63 05/16/2024 (COMPANY: I SCOPE OF WORK: DATE: lose Del Rio Mohammad Shahin, EIT Howhane Habibi Salvador Orozco Salvador Banuelos C hi istian Ochoa Swami Fagih Kevin Mindreau Fatah Aldazougi Mahmoud Mwas Sarah Aline DionCastto. ToR Shucture bnapector Structure Inspector Stroeitue Inspector Electrical Inspector Electrical Inspector EIectrical Inspector Photo Documentarian / Drone Photo Documentarian,, Drone Office EugineerTroject Administration Office Engineer,,Roadway Imp ector Office EngineenProjeet Administration SWPPP Safetv Coordinator $239.44 $226.84 $226.84 $231.88 $201.63 $88 22 $277.25 $105.86 $126.02 $100.82 $171.39 $21424 13 05/ 16/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND ARDURRA GROUP, INC. ON -CALL CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is made and effective as of June 11, 2024, , between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Ardurra Group, Inc. a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on June 11, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 05/16/2024 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at httc://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to htt€]://www.dir.ca.gov/Public-Works/PublicWorks.html 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any 05/16/2024 and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employers Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 05/16/2024 b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or 05/16/2024 better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project 05/16/2024 or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Ardurra Group, Inc. Attn: Omar Alameddine 1960 East Grand Avenue, Suite 300 El Segundo, CA 90245 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern 05/16/2024 the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each parry's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Rand! Johl, City Clerk APPROVED AS TO FORM: (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By9G�;✓n Ca,, m-en KaSnef VP By: Cathy M. Cahill, Chief Financial Officer By: Peter M. Thorson, City Attorney CONSULTANT Ardurra Group, Inc. Attn: Omar Alameddine 1960 East Grand Avenue, Suite 300 El Segundo, CA 90245 (310) 359-1203 oalameddine@ardurra.com 9 05/16/2024 EXHIBIT A Tasks to be Performed The specific elements (scope of work) includes on -call construction management service for Public Works projects. The general scope of service for each project will vary. Typical services that may be required on Public Works projects could include, but may not be limited to some or all of the following services: Professional project management and construction contract administration, including correspondence, scheduling, progress meetings, progress payments, reporting, logging, filing, community outreach, inter -agency coordination, etc. Professional Inspection. This may include one or more of the following: civil, structural, survey, electrical, hydraulic, traffic, geotechnical, landscaping and irrigation, and wet/dry utilities. ■ Quality Assurance, including materials sampling and testing. Environmental compliance, including National Pollutant Discharge Elimination System (NPDES) implementation and resource agency permits. ® Utility coordination. • Labor, health, and safety compliance. Pre -construction services. This will include reviewing contract plans, specifications, agreements, and contract documents; providing assistance in responding to Requests for Information (RFI) during bidding; providing assistance in Bid Analysis; meeting and establishing communication protocols with the City's Oversight Engineer and Project Manager, Design Engineer, and execute all preconstruction meetings. ■ Post -construction Services. This will include preparation of as-builts, punch list and final documentation and turnover of project files. 10 05/16/2024 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 11 05/16/2024 Ardurra Hourly Rare Schedule f. City of Temecula On --Cali Construction Management Services RFP No. 290 April 24, 2024 Page 2 of 4 10+._IR1Y RA`� 5�:=.E�1Ei�ULL- ARDURRA GROUP, INC. (CALIFORNIA) Standard Billing Rate Schedule Rates Effective through June 30, 2025 Staff Hourly Rate t Principal $340 Project Execurive/ GA,/QC Manaqer $299 Senior Program Manaqer $288 Program Manager $273 Principal Project Manager $294 Senior Project Manager $268 Project Manager $237 Assr. Protect Manager $135 Principal Construction Manager $299 Senior Construction Manager $268 Construction Manager $237 Assr. Construction Mana er $185 Senior Structural Engineer $288 Structural En inaer $227 SUE Technician' $149 Structures Representative $278 Senior Landscape Architect $258 Landscape Architect $191 Proect Controls Engineer, Labor Compliance $170 Documents Control, Administration $139 RegularTime HDUdv Rafe Overtime Hourly Rates Stab Rate ' Mon — Fri t Sat. t'2 Sunday/ Holida PE Licensed Ins ector {Prevaiiln and Non-Prevailm Waac1. 1 5211 $296 $296 $380 PE Licensed Inspector SPrevai:in and Na ;-Pravail;nq Wage - SpedSh 1t1-' ' ° 5216 5303 S 303 $1,89 Public Works Inspector (Prevuilin_q Wo e13'L., 5204 5286 $286 $367 Public Works Inspector (Prevailing Wage - Special Sh hJ ' ` 5208 5291 $291 $375 Access;6il-ty Expert/ CASo Inspec'orc 5314 5440 $440 $565 DSA/ OSHPD Ins. echaeofRecord 5232 .5324 $324 $417 De sly InsaecF.on IPrevoi:in YY'a, ej 5191 5267 $267 $343 NDs Testing (Prevadmg Wage) '' '' ° S 191 $267 $267 $343 Public Works Inspector {Nor,-Prevoil;n Waael' 5170 5238 $238 1 $306 12 05/16/2024 Hourly Rate Schedule City of Temecula On -Call Construction Mcinagement Services RFP No. 290 April24, 2024 Page 3 of 4 -stag Hourly Rate Community Relations Strategic Advisor $299 Community Relations Project Manager $268 Community Relations Assistant Project Manager $237 Community Relations Senior Account Coordinator $175 Community Relations Account Coordinator $149 Community Relations Senior Graphic Artist $196 Community Relations Graphic Artist $165 Community Relations Account Assistant $129 Staff Hourly Rate t Principal Engineer $288 SWPPP Practitioner' $180 Specialty Professional/Discipline $288 Senior Environmental Scientist $258 Associate Environmental Scientist $185 Assistant Environmental Scientist" $155 Staff Hourly Rate Senior Traffic Engineer $268 Traffic Engineer 111 $258 Traffic Engineer 11 $216 Traffic Engineer 1 $191 Traffic Engineering Associate 11 $175 Traffic Engineering Associate 1 $149 Traffic Engineering Technician 111* $155 Traffic En2ineering Technician 11 $134 Traffic Technician I' $109 Sr. Transportation Grants Manager $237 Transportation Grants Manager $175 Sr. Transportation Project Coordinator/ Graphic Artist $196 Transportation Project Coordinator / Graphic Artist $149 13 05/16/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND DUDEK ON -CALL CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Dudek a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 05/16/2024 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html oc�v/Public-Works/PublicWorks.html 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant, provided Consultant is fully compensated for its services rendered in accordance with this Agreement. Any reuse of the work product beyond the original purpose for which it was created and any modification of the work product by the City shall be at the City's sole risk. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 05/16/2024 10. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 05/16/2024 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and 05/16/2024 all subcontractors must agree in writing to be bound by the provisions of this section d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without 05/16/2024 written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 16. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Dudek Attn: George Litzinger 605 Third Street Encinitas, CA 92024 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 05/16/2024 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By. Rand! Johl, City Clerk APPROVED AS TO FORM: By: (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Jo p Monaco, President/CEO By: _0 V Danielle Voss, Assistant Secretary/HR Director Peter M. Thorson, City Attorney CONSULTANT Dudek Aft: George Litzinger 605 Third Street Encinitas, CA 92024 760 479-4148 -litzinger@dudek.com 05/16/2024 EXHIBIT A Tasks to be Performed The specific elements (scope of work) includes on -call construction management service for Public Works projects. The general scope of service for each project will vary. Typical services that may be required on Public Works projects could include, but may not be limited to some or all of the following services: • Professional project management and construction contract administration, including correspondence, scheduling, progress meetings, progress payments, reporting, logging, filing, community outreach, inter -agency coordination, etc. • Professional Inspection. This may include one or more of the following: civil, structural, survey, electrical, hydraulic, traffic, geotechnical, landscaping and irrigation, and wet/dry utilities. • Quality Assurance, including materials sampling and testing. • Environmental compliance, including National Pollutant Discharge Elimination System (NPDES) implementation and resource agency permits. • Utility coordination. • Labor, health, and safety compliance. Pre -construction services. This will include reviewing contract plans, specifications, agreements, and contract documents; providing assistance in responding to Requests for Information (RFI) during bidding; providing assistance in Bid Analysis; meeting and establishing communication protocols with the City's Oversight Engineer and Project Manager, Design Engineer, and execute all preconstruction meetings. Post -construction Services. This will include preparation of as-builts, punch list and final documentation and turnover of project files. 10 05/16/2024 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 11 05/16/2024 DUDEK 2024 Standard Schedule of Charges Engineering Services Project Director _$335,00/hr Principal Engineer III --- ---- ----- ..... . ......... .. ...... $310.00/tir Principal Ehgjiwff H....... __ - _ _ _ . ............... $290,00/itr Principal Engineer I .. ...... ... _ .......... .. .. .... _ __ $280.00/hr Pi ovum Manager ............. ... ..... .. .... ..... ...... ........ 6265.00/the Senior Project Manager ----------- _$265_00/hr Project Manager.._..._ ........... .... ....... ... ___ . . . ...... $255.00/hr Senior Engineer III .. ........ ...................... ....... ...... _-.4250.00/hr Senior Engineer 11 ---- ---------- ............ ... . .. . ...... ............ __...._$240.00/hr Senior Engineer I ___ ................ ......... .......... __ _$230.00/hr Project Engineer W/TilchniCidirk IV_..... .... . .............. ...... ....... $220.00/hr Project Engineer III/rechnician III --------------- - ----- ----- $210.00/tv Project Engineer II/Technician H ------------------ : . ..... . $200.00/hr Project Engineer VTedinician I ------- ---- -------- - ----- •------ ---- - $180-00/tir 3D Production Manager ----------- .......... $210-00/hr Senior Designer 11 ------------- ..... ..... --------- . . ........... __4200.W/hr Senior Designer I $ 195_00/hr Designer--------------_---------------.------....._....,.. - .. ............ $l'Ez-00/hf Assistant Designer ---------------------- ..... ................ ...... . ....... $180-00/hr CADDOwatorill............................... . ........... 1176.0whl LADE) Operator 11 ---------------- .............. $165.00/lif CADDOpaialorl ........... $145 00/hr CADD Drafter ... ... ....... ...... ... ..$135.00/hr CARD Technician ---- -- ------- - --- ----- .. ...... ........ .... ---- --- S M 00/tv Project Coordinator --- ---------- '_--......................._.$155.00/tr Engineering Assistant ____4125-001hr Environmental Services Senior Project Director.._ - ----- $330.00/hr Project Director ........ ... .......... ..... _4285-001hr Senior Specialist V. ___ . ....... ... $260.00/hr Senior Specialist ............ .. ........ ............. $245.00/itr Senior Specialist III _. _. _ ...... .... ..... $2.%-Wlv Senior Specialist 11 ................ ___ .......... .. _4225,00/lur Senior Specialist I ------- -- --- -- -- ... .... . .. ... ......... ... __$210.00/hr Specialist V.............. -'-----------_ ____ ..... ...... . .. .. .$196.00/lv Specialist IV......_. ... .. ..... ... .... . ....... . ........ $ Iffi.00/hr Specialist III __ - - .1 . ..... --- -- ---------- $175.00/itr Specialist 11 ............ ........ Specialist I . . ............ ....... ........ ___ ..... . ............ .. ....... . ....... $155.00/hr Analyst V ------- -- 4145,00/hi filialyst IV -- ----- ------- ---------- - ----- .... . __'-$135'00/1w . ..... .... . ...... ..................... ..$125.00/lkr Analyst 11 ................... ------ _ ............................. $11.&GO/hr Analyst I ....................... _- - - --- $105.00/tif Technician III $90.00/hr Technician 11 . ..... .. . ...... . ......... $80.00/hir Technician I ----- _S70,fthr Mapping and Surveying Services Application DievelopH 11 - . ... ...... . ....... .. ....... . ........ -$220-00/lir Application Developer I � ......... . ............ .. _ ...... - ------ - --- $155.00/hr GIS Analyst V -------------------------- - ................. ................ ..$205.00/hr GtSAnalyst N . ---------- ...... . .. ......................... __ ------------- --- _41170-00/hr GIS Analyst ----------- ------------- ____ ....... .............. $150.00/hr GG Ann" 11 S135_00/fir G6 ArwW I . ..... UAS Pilot ............ __ ................. ............. . $145.00/hr Survey bead .......... ....... _._ $235.00/hir Survey Manager . ----_------ . ....... ........ __ ....... ....... ___..$21&00/hr Survey Crew (>)iO _.__ .... . ............... _ ....... $165.00yhr Survey Rod Person... ............... Survey Mapping Techniciark_, ........... ............ .-._..-_.$95.00/lir Construction Managatimseft Swvkelt PnnCIpuVMa`tUge( Senior Project ....... . ....... $i80.00/hr Construction Manager ..... $175.00/lir Project Resident Engineer. ................. . ..... 0014ntniction Engineer ........... $170.00/lar Oit-site Owner's Representative... .. ...... _.._$160.00/hr Prevailing wage Inspector . .. ... ...... ...1LS 165.00/161 ('A)' tskItteti011 Inspector . ...... .......... ..... __ ..... --- - -- --- --- 3145,DD)h? AdrifiltLstratol/Ldibor (�rklppwt+ce. . _ __ _; .. ............ $120.00/hp DUDEK Hydrogeology/14axwoote Servickes. Pto*t Director . _... . ................ __ . ...... _._$33500/hr Principal Hydrogeologid/Bigineer III ........... $310-00/hr Principal HydrogeologisVEngineef 11 ....... $300-00/lir Principal Hydnagoobogist/Engineef I ........... ... $290.00/tir SdtimtHydiogttMog*IV/EiioiiewV.-....... .. .. ___$2W,0Qftw Senior HydrogeoloWl IV/Engineer IV ............. ....................... $255 00/hr Senior Horigedogisl IIVEngineer ............. -- ----- ----- $245.00/hr Senior Hy(Ilmogeo.10051 II/Engineer 11 __ . .. . .................. ..... _$235_00/Iv Senior Hy0ogenLoCi5l VEngineer I ___ --- ------- $225-00/tir Project Rydiogeol oqp%ii V/Eilgineer V,.-- . . . ....... ...... $215 00Ad Project Hydrogeologilst IV/Etqbpiew - - ------- __$206-001hr Project P "cigwoost 11 I/Eivil xaox Ill ___ .... . .... ... $295.013y1ir P, oJect Hych 090dVat IV Ffigm keel 11 Project I fydrogeoiogist I/Erigynter I .......... . Hazimilat Held Technician District ManagerneM & Operations District General Manager .. ........ __ ...... .... .. ............... $230-ODAir District Engineer---...._ ............... ............._.,--.-..................._..$215.00/tr Operations Mand&r ....... ----------- ---- ----- ------ _$165-00/hr Distinct Secietury/Acciountunt ............. - --------- ------- - ....... ..... $145-00/lir (;OM-cIkwv& System MwwqW _$145.00/rhr Grade V Operal or ................ S 13500/hr Grade IV Optiratoo -- --------- - ------------- _$115 00/hr Grade Ill Opeitttkar__ ...... .................... --------------- --- $11000/hr Grade 11 Operator........._ $90.00/hr GradelOpuntor ----- .. ..... --- $80-00/hr Operator in Training._......_. .............. . . ..... ......... ... $75.00/hr Collection Maintenance Worker $80-00/hr Creative Set vices Creative Services IV......._......__..........._ .. $175.00/1ir Oreative Services Ill.-- - -- --- ----- $150-00/hr Gpeative Services 11 _ _ ....... ............... . ..... ....... $140-00/11mir Greubve SarAm I.... . ........... .......... ..... ............... __4125.00/tar Publications Services Technical Editor IV-- -$175.00/hr Technical Editor Ill ................ .. ....... ....... ...... . .......... __$150.00/br Technical Editor It.-. __ - - - . ----- -- -- ---- ------- ----- $14110PAIr Technical Editor I . ......................... ....... . ..... _ _._ -------- ----- _$125.00Air Publications S01dalidt Ifill- . ..... ....... ... ____ ......... ...... $130_00/hr Pub4cationliSpecialist Ill_.. ___ ---------- Publications Specialist 11 . ------- _ ------------- ................... $110-00/lir Publications SpecildW I.._ ............... ..... .. . ......... ..... $100-00/hr Clerical Admitlishaticiti....... _ -------- ----- ....... .... . - $90.00/hr expert Witness -Court appearances, depositions, and interrogatories as expert Witness will be billed IA 2,00 takes normal rates- 9114111(gliM kind "i4sys - Minimum charge of two Mars Midi be 1)410 at 1.75 tirneii the normal fate 11011111011101 WA 0141sidis Sarvickis - subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc, are charged at 115 times the direct cost Traftl Openswits - Mileage at cwrent IN allowable rates- Per them where owrnod stay is involved is charged at cost InVOicas, Late Cher(ft - All fees will be billed to Client monthly and sham be due and I)BYlible Upon 1110W, likWOiCeS are delinquent if hot paid Within 30 days from the date 414 lilt -A1'04t. "Mt thrCtS to Pay MtM*51. st 4 l,0% aftnUal f&W far a OAAS . np.,o oraimim unial 30 days vow iris amin ol rite ,m'nhOe. Anchill incressms - Uniess identified ollnerwise, these standard rates ail wickrease m line with it* CR4) Itil' the nearest urban area per the Deputment of labor statistics to where the work is being completed) Or by 3% annually, WhiMeNfef is ftCW PrOINNIft Woo - The foLOS LUwa above usswim prewwokS ease ti.ws hw j%ot *ppjy lo fts assumplOn is -f1C0HW BkWeh rvSeke5 Vic F,Vn W adjuM 41 (0110 WC OW Vy L:2F -,a- . April 22_ 2024 )" Masco, President/OEO Date EFFECTIVE JANUARY T. 202_4 12 05/16/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND ANSER ADVISORY ON -CALL CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Anser Advisory, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 05/16/2024 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.Qov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www,dir.ca.gov/Public-Works/PublicWorks.htmi 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any 05/16/2024 and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 05/16/2024 b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or 05/16/2024 better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or' agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project 05/16/2024 or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Anser Advisory Attn: Tyson Atwood 300 Spectrum Center Drive, Suite 1400, 14th Floor Irvine, CA 92618 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern 05/16/2024 the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By:� Melanie Estes, Vice President Peter M. Thorson, City Attorney CONSULTANT rson, Vice President Anser Advisory _ Attn: Tyson Atwood 300 Spectrum Center Drive, Suite 1400, 14' Floor Irvine, CA 92618 (714) 276-1135_ _ tys o n . atwoo dna n se rad vi so ry. c o m s 05/16/2024 EXHIBIT A Tasks to be Performed The specific elements (scope of work) includes on -call construction management service for Public Works projects. The general scope of service for each project will vary. Typical services that may be required on Public Works projects could include, but may not be limited to some or all of the following services: • Professional project management and construction contract administration, including correspondence, scheduling, progress meetings, progress payments, reporting, logging, filing, community outreach, inter -agency coordination, etc. • Professional Inspection. This may include one or more of the following: civil, structural, survey, electrical, hydraulic, traffic, geotechnical, landscaping and irrigation, and wet/dry utilities. • Quality Assurance, including materials sampling and testing. • Environmental compliance, including National Pollutant Discharge Elimination System (NPDES) implementation and resource agency permits. • Utility coordination. Labor, health, and safety compliance. Pre -construction services. This will include reviewing contract plans, specifications, agreements, and contract documents; providing assistance in responding to Requests for Information (RFI) during bidding; providing assistance in Bid Analysis; meeting and establishing communication protocols with the City's Oversight Engineer and Project Manager, Design Engineer, and execute all preconstruction meetings. • Post -construction Services. This will include preparation of as-builts, punch list and final documentation and turnover of project files. 10 05/16/2024 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 11 05/16/2024 Labor ANSER'\ ADVISORY Part of Acccnture Position Principal $280.00 Construction Manager, Senior $249.00 Construction Manager, IV $215.00 Construction Manager, III $180.00 Construction Manager, II $150.00 Construction Manager,1 $125.00 Inspector (Prevailing Wage) $191.00 Inspector, Senior $175.00 Inspector $155.00 Document Control, Senior $115.00 Document Control $95.00 Labor Compliance Manager $135.00 Labor Compliance Analyist $110.00 QDC's (Reimbursable Expenses) Description 'Vehicles* Month $1,350.00 POV Mileage Exp. per IRS rate CM Software (As -Requested) Per Project $3,500 - $5,500 Subconsultant Mark -Up 0% ' Max Rate. Billed as a percentage of actual hours billed NOTE: Vehicle rates are billed as required by project needs. Any project which requires CM or Inspection work within the public ROW will require a vehicle. CITY OF TEMECU A, I ON -CALL CONSTRucroN mAt4AQE.MFNY 5ERVICE5 12 05/16/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND MARK THOMAS & COMPANY, INC. ON -CALL ENGINEERING AND ENVIRONMENTAL SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Mark Thomas & Company, Inc., a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 05/16/2024 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.ciov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.htmi 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION A. Indemnity for Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated 05/16/2024 volunteers and those City agents serving as independent contractors in the role City officials (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8. B. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in 05/16/2024 accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 05/16/2024 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 05/16/2024 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Mark Thomas & Company, Inc. Attn: Paul Mittica 2121 Alton Parkway, Suite 210 Irvine, CA 92606 05/16/2024 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following 05/16/2024 non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: MARK THOMAS AND COMPANY, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Zach Siviglia, President R. Matt Brogan, Secretary By: Peter M. Thorson, City Attorney CONSULTANT Mark Thomas and Company, Inc. Attn: Paul Mittica 2121 Alton Parkway, Suite 210 Irvine, CA 92606 (714) 815-5222 pmittica@markthomas.com 10 05/16/2024 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this services include: • Research Existing Survey Data, such as Maps, Records of Survey, Monument Ties, and Benchmarks • Locate Existing Monuments • Perform Boundary and Control Surveys • Prepare Legal Descriptions and Plat Maps for Right -of -Way Acquisition • Perform Aerial Mapping and Topographic Surveys • Establish and Verify Horizontal and Vertical Control • Locate Horizontally to 0.1+ feet all Existing Facilities • Perform Field Surveying for Project Planning and Design Purposes • Complete the Design of Minor to Moderate Engineering Projects • Perform landscaping and irrigation design • Perform lighting design for streets and parking lots • Perform Construction Staking, including Center Lines, Limits of Clearing, and Grubbing and Construction, Slopes, Saw Cuts, Edge of Pavement, Layout Lines, Drainage Structures, Curb & Gutter, etc. • Provide Environmental Document Services, including performing the required Studies and Surveys • Provide Environmental Engineering Services, including but not limited to CEQA Project Impact Analysis; Phase I and II Environmental Assessments; Wetland Delineation and Mitigation; Streambed Impact Analysis; Regulatory Agency Permitting, Air Quality Analysis; and Cultural Impact Analysis, Water Quality Management Plan (WQMP) Preparation and Third -Party Review, Approval, Implementation, and Field National Pollutant Discharge Elimination System (NPDES) Compliance • Assist with the preparation and processing of permits with Resource Agencies such as the U.S. Army Corps of Engineers (USACE) 404, State Fish and Wild Life 1600, and Regional Water Quality Control Board (RWQCB) 401 Certification 11 05/16/2024 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 12 05/16/2024 MARK TH MA COMPANY, INC. RATE SCHEDULE EXPIRES JUNE 30, 2025 Engineering Surveying Intern $55 - $104 Survey Technician 1-III $61 - $194 Technician 375 - $159 Lead Survey Technician $132 - $205 Design Engineer 1 $97 - $180 Survey Specialist 1-111 $113 - 3289 Design Engineer II $123 - 3217 Asst Surveyor 1-111 $113- 3213 Sr_ Technician $130 - $217 Project Surveyor 1-111 $168 - $276 Civil Engineering Designer $130 - $247 * Chief of Party $179 - $273 Project Engineer $162 - $228 * Instrumentperson $165 - $244 Sr_ Project Engineer 3181 - $261 * Chainperson $156 - $230 Sr_ Technical Engineer 3181 - $261 * Apprentioe $78 - $184 Technical Lead $201 - Wl * 2-Person Crew $275 - 3420 Sr_ Technical Lead $243 - $M * 3-Person Crew $425 - $525 Design Manager $327 - $431 * Utility Locator $141 - 3236 Engineering Manager $340 - 3416 * 2-per5on Utility Locate $291) - $473 Sr_ Engineering Manager 3363 - $543 Drone $250 - $263 Construction Management Project Management & Oversight Office Technician 371 - $124 Project Ma -age, $201 - $311 Office Engineer $123 - $247 Sr. Project Manager $243 - $390 * Asst. Resident Engineer $17$ - $',44 Surrey Manager 1-11 $222 - $337 * Inspect y - CM $138 - 3383 Division Manager $275 - $486 Project Controls/Scheduler $172 - $340 Principal $447 - $562 Resident Engineer $233 - W4 Sr_ Resident Engineer 3292 - $412 project Support Area Manager - CM $340 - $543 Technical/Sr. Technical Writer 368 - $210 Projectl$r. Project Assistant $78 - $161 Planning Project/Sr_ Project Coordinator $107 - $206 Planner 1 391- 3133 Graphic/Sr. Graphic Designer $113 - $225 Planner 11 $100 - $1B4 ProjecUSr_ Project Accountant $117 - $217 Sr_ Planner $123 - $217 Sr_ Graphic Manager $162 - $2$1 Project Acoountant Manager $178 - $261 Lands€ape Arc hitecture/ Urban Design Landscape Intern $55 - $104 District Management Landscape Designer 1 $87 - $137 * Inspector - Apprertioe W - $127 Landscape Designer II $107 - $172 * In5pector/Sr. Inspector $110 - $187 Landscape Architect $123 - $232 Assistant/Avcciate Sanitary Engineer $156- $247 Sr_ Landscape Architect S133 - $258 Sanitary/Sr. Sanitary Project Engineer $185 - $337 Operations/Deputy District Manager $253 - $404 Grant Writing District Manager -Engineer $356 - $442 Funding Specia ist $123 - $254 Sr_ Funding Specialist 3168 - 3290 Special 5ervites Funding Manager $285 - $393 Expert Witness $494 - $519 Strateg c Cansulti-g $494 - $519 Reimbursables i -o uding, but not lim ted to; reproductions, delivery and filing outside consultant fees; and survey field expenses will be bilied at Cost Plus 5%. Mileage will be billed per current iRS Rate. Ad6torxaf promote vwa sups exist wdhn vuorious roam wtegadn This roam sm*dufe expires ku?e 3p rases are so8jpiet W e$= with rapes hourly rate Ar dude as a(Ady 7, 2 ?.5- * 7twse ct wge rates are su to Frm ikng Wbge taws and Urman rontrn 13 05/16/2024 Earth Mechanics, Inc. Gavteehnical A Earthquake Enginearing EARTH MECHANICS, INC. FEE SCHEDULE (2024) CLASSIFICATION Principal/Senior Consultant FULLY BURDENED HOURLY RATE 2024 $303.00 Principal Engineer/Geologist $302.00 Senior Engineer/Geologist $224.00 Sr. Project Engineer/Geologist Project Engineer/Geologist Sr. Staff Engineer/Geologist $204.00 $174.00 $153.00 Staff Engineer/Geologist $134.00 Senior Technician $156.00 Technician* $81.00 Administrative Assistant* $147.00 * Non-exempt staff subject to overtime pay per California law. Annual Escalation = 5% Reimbursable expenses including, but not limited to, drilling, traffic control, waste disposal, specialty testing, and private utility location services will be reimbursed at actual cost with supporting invoice. Charges invoiced fortravel, lodging, and subsistence shall not exceed the Caltrans rates. 14 05/16/2024 GEOCO \1 W E S T. I N C. GEOTECHNICAL ■ ENVIRONMENTAL ■ M A T E R I A L$ 2024 SCHEDULE OF FEES - RV24 Professional Services Word ProcessoriNorrJechnical AssistanVDraftsmarVDicpatcher $9511v Engineering Field Technician (EanhworkfCompaction TestinglBacklil)----------------------------------------------------------------------------------------------------- �851hr Special Inspector (Concrete, Rebar, Masonry, Welding, e(c-)................ ---------------------------------------------------------------------------------------------------- '901hr Engineering Inspector (Bottom Approval f Shoring! Foundations I Piles) *11011v StaffEngineer.+Geologist................. ............................................---------------------------------------------------------------------------------------------........ '125Ar Senior Staff EngineedGeobgist *135A r ProjectEngineer!Geologist----------------------------------------------------------------------------------------------------------------------------------------------------------..... `145Ahr Senior Project Engineer+Geologist .. .... .... .... .... .................................--------------------------------------------------------------------------- ................... '155A r Senior Eng ineerfGeolagist *175A r AssociateEngineer.+Geologist................................................................................---------------------------------------------------------------............................ '20OA r OxenimelSaturday RateNight Rate (7pm —ham wl 8-Hour minimum per cal autj 15 X Regular Hourly Rate Sunday and Holiday Rate......................................................................... ............................................................................... 2 X Regular Hourly Rate Minimum Field Services Fee per call -out, 4 Hours (i4 hours or less), 8 Hours (if more than 4 hours and less than 8 Hours) Short -Notice Cancellation, 4 Hours ff after 4 pm of the day prior to the scheduled inspection (ime) Short -Notice Cancellation, 4 Hours (upon or after arrival at Asite) 'Prevailing Wage (PW) CaliFom is Labor Code §1720, et. Seq add $50+r Equipment, RAaterials, & Analytical Tests Nuclear Density Gauge 'lNhr SandCone Testing Equipment------------------------------------------------------------------------------------------------------------------------------------------------------.. '101hr Vehide '1011v Special Inspection Equipment '511v Asphah Cold Paich�Concrete (60-lb.), Cement (94-lb.).................................................................................................................................... 20fbag 55-Gallon Drum .................................................................................................................................................................................................................... '65lea Pick-up Truck ---------- ---- ---- -------- ---...----------- ----....................................... ---..---..----.----.............................................. ---- ---- ---- ---- ---- ............ '125May Hand-Auger........-----------.------------------------------------------------------------------------------------------------------------------------------------------------------------. 401day Water Level Indi-alor 10lday Generator or Air Compressor ....................................................................................................................................................................... '1001day Laboratory Tests* COMPACTION CURVES SOIL AND AGGREGATE PROPERTIES (D69&rD1557Ji99fr1U8)4-inchmold ----------------------------------------- 4306iea (DMT88)ParticleSize,HydrometerwioutSieve..---..---..---..----------.$2501ea (D698,D15571f99fT1CB) 64ch mold ---------------------------.---..---..---..--. 3(101ea (C136,D6913lT27) Sieve, Coarse to Fine w1 #200 Wash.......................1751ea (CT 216) Califomia Impact 3001ea 036D6913IT27) Sieve, Coarse or Fine w1 H200 Wash 1501ea Cheek Purl .................................................... ................. ................... 1251ea (03601591 Y127) Sieve, Coarse or Fine No #2DO Wash .----.----.----.----.125fea SOIL AND AGGREGATE STABILrrY (C1171D1UN11) Materials Finer than#200........................................ 115fea (D2WICTM1) Resistance Value -...--...----.----------------------------..--...-MDea (D221&T2651OT2MMoisture Cmtent--------------------------------------------------- 401ea CHEMICAL ANALYSIS (D2937) Density of In -Place Soil, Drive-Cyl. Method ................................ 501ea (131BMT64YIF288) pH and Resistivity ........................................ 4175fea (D24191CT217fi176) Sand Equivalent ................................. .... .... ...... 1501ea (CT417) Su Fate, Content--..------------------------------------.......................125&a (D431d1CT2041Td91•r96) Plastic Index (PhsfidLiq. Limit) ..................... 25Wea (CT422) Chloride Content .-----------------------------------------------------..---1251ea (D43%CT204TT139) Liquid Limit .---..-----------------------------------------------125fea (D2974) Organic Content...--....................................................... 1D01ea (13431d1CT204fTA) Plastic Limit ................................................. 125fea PERMEABILITY, CONSOLIDATION AND EXPANSION SHEAR STRENGTH (D2435f1216) Consolidation (6 pts. wl Unload) ----------------------_---_---_ ---- 4DOfea (D30BR T236) Direct Shea r (3 points) ------------------------------ ---- ---- ---------- 350fset (134829) Expansion Index of Soils .................................................. 25O1ea CONCRETE* • ASPHALT TESTING Mix Designs: Asyhak Properties: (C39fOT521 F22) Camp- Strength, Concrete Cyl $30fea (131566lCT366) Stabilomeier Value (HVEEM).----------------------------..$2251ea (C42FCT521 fT22) Camp- SI a cth, ConcreWGunite Care -------------.... $601ea (D2041) Theoretical Max Specific Gravity ......... ---------------------------- $2DOfea (CT8fCT523) Flex. S`ren-):F : �'x6'x2l' Concrete Beam----------------$1251ea (D5444) Sieve Analysis of Extracted Asphalt ............... .................... $25O1ea (C1140) Shctcrete Pars_,- :: n g & Testing (Set of 3) ...----------------... $350fset (D63071CT382) Percent Asphalt, Ignition Method ................................ $175!ea (C1140) Shotcrete Panel (each addtl- speci men) --------------------------------- $1251ea (D11813) Unit Weight of Asphalt Core......................................................$95!ea `This abbreviated Schedule or fees is being provided upon yaw request Geoeon Worms Full rleotechnical soil and materials tes4na. A complete Fee Schedule listing the per test price can be prowided upon request 19 Surcharge on rush turnaround Fur laboratory testing. 'Fee applies rorsample storage, testing, or disposal. 15 05/16/2024 FEHR �' PEERS Hourly Billing Dates Classification Hourly Rate Principal $265.00 - $410.00 Senior Associate $230.00 - $325.00 Associate 20U0 - $290.00 Senior Engineer/Planner $175.00 - $250.00 Engineer/Planner $150.00 - $200.00 Senior Engineering Technician $165.00 - $240.00 Senior Project Accountant $185.00 - $225.00 Senior Project Coordinator $145.00 - $205.00 Project Coordinator $130.00 - $190.00 Technician $145.00 - $185.00 Intern $115.00 - $150.00 • Other Direct Costs Reimbursab le expenses are invoiced at cost phis 70% for handling, • P rsonod auto mifeoge is reim-bursed at the then current IRS approved rate • Voice & Dato Communications (Tetephone, fax computer, a -maid, etc.) are invoiced at cost as a percentage of project iabor. 16 05/16/2024 PLACEWORKS PhceWorks — 2024 Standard Fee Schedule STAFF LEVEL HOURLY BILL RATE Principal $21"335 Associate Principal $195275 Senior Associate II $17fl $260 Senior Associate I 160220 Associate II $135190 Associate 1 125175 Project Planner $1D5165 Planner $90—$145 Graphics Specialist $90—$155 Administrator $145235 Clerical/Word Processing/Technical Editor $45—$155 intern $8"115 5ub€onsu Rants are billed at cost plus 101A Mileage reimbursement is at the standard I IRS -approved rate. Passible yearly increase of 5% on bill rates. 2 024_std FeeShc _01-12 4 17 05/16/2024 2024 Hourly Billing Fates California Offices Massaging Principal 320-$340 Senior Principal $375 Principal $300-$315 Senior Vice President $260 Senior Consultant $260 Vice President 245-$265 Senior Technical Associate $215-$275 Senior Associate $215-$240 Associate 195-$205 Research Analyst II $155 Research Analyst I $10D Production and Administrative Staff $ 100-S 12; 18 05/16/2024 Standard Fee Schedule Standard Fee Schedule for Year 2024-2027 STAFF LEVEL HOURLY RATE Principal 280 Senior Project Manager 250 Project Manager 220 Senior Engineer 220 Assistant Project Manager 180 Project Engineer 150 Assistant Engineer 125 Technical Support 105 Administrative Support 75 The above rates are effective until December 31, 2027. After the date specified, the labor rates may be adjusted to compensate for labor adjustments and other increases in labor costs. The cost of printing, mileage, mailing and other expenses incidental to the performance of the services are not included in the hourly rates of above listed hourly rate schedule_ LIN Consultinginc 19 05/16/2024 F172 MONUMENT HOURLY RATE SCHEDULE Right of Way Management & Implementation Program Manager / Principal $290.0 per hour Senior Project Manager / Sr. Utility Project Manager $210,00 per hour ROW Project Manager 2 / Utility Project Manager 2 $19100 per hour ROW Project Manager 1 / Utility Project Manager 1 $160,00 per hour Utility Coordinator S130.00 per hour Senior Acquisition Agent / Senior Relocation Agent / Senior Analyst $145.00 per hour Acquisition Agent 2 ! Relocation Agent 2 / Property Manager $120.00 per hour Acquisition Agent 1! Relocation Agent 1 $110.100 per hour Senior Project Coordinator $120.00 per hour Project Coordinator 2 $110.00 per hour Project Coordinator 1 $100.00 per hour Senior Project Analyst $135.00 per hour Project Analyst 5110.00 per hour Researcher $90.00 per hour Project Support / Administrative Professional Staff $85.00 per hour Project Controller 2 $100.00 per hour Project Controller 1 $75.00 per hour Project Support Specialist $75.00 per hour Trig above houty rates are exc usive of local travGlInikQW, phatacopying, first class postage and overnignt courier serwica. These 9a penssc including out-of-pocket expanses such as pre -approved traA and lodging, outside exnibit praaaraton, requested overnight couriaror regictersd ar"or certf iiod mad {return recapt requested) charges, and specialty reproduction {unless otherwise spaD59dj ae in addition to the co'rtract amount and will ba CnargW at cost pus tan percent {+lD%) for administration, dodrainatdn, and nannilg_ Subcartractea services, other titan Mode listed above, w I be invoiced at cost plus tan percent (+If)%). In the event Mnumertt iS� required to pgrtdrm arty act in relation to litigation arcing out of any project wan the Client (tor example, expert consulting, responaing to a comdaint. or procgeailg vdll fiery and tray„ sucn So vC0 are not part of tnia axmact, nor aramey part of orr normal tees_ If requ red, those tybes o'seNces will bit incciced at two times the regula, naurty rates. In tna event tnis contract gxienaS bayona tllg ilitiatterm of the PFA, file naurty raM and any remaining amount it the cantraCt 9n6L ne aajLjS:ted upwardly oyfive percent {5%) per annual, comcounaea annua y, on trig anniws sary date o•tnis con*=. W ttan communcation aenicos in ottler languages would be an add tonal cost and wou 0 sue billed separately based on quoted hourly rates by ndepenaerrt translation SO iDes, Verbal Communicatian in Span tin, t necessary, will be incluaa4 at no additional crorga. Monument will submit monthly invoices for the prafessidnal and traag serwices rendered ba= on the holly rate schedule provided above. The client shall promptly pay the uncorrected amount due within no- more than thirty PD) days after rgoeipt of trvoi'G_ upon complotian of services, the remaining unbigd amdrfrt of YYe project balaMg Snail beCOnle iMMWA ey dug and payable. 20 05/16/2024 ubconsultant. CL Surveying and Mapping, Inc. City of Temecula (RFP) NO. 291 ON -CALL CONS TRUCT1ON MANA GEMENT SER VICE NAME Gran Calvillo, PLS ROLE Survey Task Lead HOURLY RATE $265.00 Lam Le, PLS Project Surveyor $220.00 Bob Vasquez, PLS Project Surveyor $220.00 Survey Technician $195.00 Admin/Coardinator $100.00 1-man crew $275.00 2-man crew $395.00 3-man crew $500.00 These hourly rates & unit prices include other direct costs, indirect costs and expenses except as noted below. Overtime will be billed at the same hourly rates indicated below, with no prem ium or surcharge (except for field technicians). Rates are valid for 5-year from the date of contract execution, with a 3% escalation annually thereafter. The contract i s expected to be exe cu ted i n J u ne 30, 2029 The following items are considered reimbursable expenses and will be billed at cost with no markup: Specific computer hardware and software required bythe client for project use (other than personal laptop computers with standard office software and personal printers), outside reproduction, mileage (current IRS rate), field office facilities, field office utilities (water, power, severer, internet, phone), multi -function printers, field office supplier, airfare, postage, parking, out-of-town travel expenses, car rental and field vehicles (FIRM) field vehicles will be billed as a surcharge to hourly rates of assigned personnel, or as a direct cost at $ per month per vehicle. 21 05/16/2024 LABOR RATES CLASSRGTMla11 vNit TlidWdanl_..._,._.,._..._...._.,._...._—._—.,__.._..__._.—._,_ III Tomwilam II { 115 Saltier TKN*dan f 54nim SPadsd InfpllCtpr __._ .._ _ ._— ..-.,135 PrNmTirlg Wage (field sails { materials rmb1 a __ISO k-aTig wage {Spsawl limpo€tarl "M PmA g WKt (On slu Sam Irnpartux_ = and soil nmrrl kban C--.................................. ..................... ........... - _.,f so 5yssem Operw0grr iA Mrinygrwnce 175 Mg&Q0MI 3W Talting (N0T). .......... 1B5 Deputl` IrnPeGar.— — --- -- -- --- --- — --135 fold ! 5durca .....J.......—.--16D Clly of 1 n• /runt— rJ rely nuildinrn V— iuiinrg r rdin!p Er9-1k— 1A4 T 5ae Prevailing WaW In Tema and Condibm aAMICATM V11R Prvja�tAdrrsrlistrator,'Ward PrnosssrKldlar.._..,._.__..._.._M.._95 Ir134+1ndd€[5 So�ialiu ,��.�. .-135 CAD 160 43E Speaalist --- 1E0 Glrr,raWlyct 190 SW Engineer raCkqbt ! Sri�neest...�..—...�_,___..,._..�.._.._ � 184 Senior Sea" `' _ -?er f Gmlayist ! Sdandst { JOS CrtaadWs .-L:•a;r,r: I.'a r.._...�.— PrUJW Erpiner i ^srn .. ...225 5ettior �'ole`rt 1:r�� f veolagiat r 5ciernist i �341�._.—.._._-250 Prrlydptl.._............... _..� 4;,-6,R Mir." hlal!e.AHa131s��nrtrxi arrde,qui�rrherrtptaridtdulyddl requrlr TERMS AND COMMONS • 9m5iratian: Thin fay tehaduia it rff6trim ftbmh D icarrhhar 31. 20U after which rrgrriprevail'rrg "e q4 for remaining or additional SaMCes will ino*m by 4% on January 1 st of each y"r • Proposal Expdiralion, proposals are valid for at kmt 3O days. -gLd*ae to ehangs Ahm W day%. unless ai+hG viva rtirtad In an attached proposal Prevaging Wagek; Our fees for prevailing wage work are lased up0rh Californla vevall Ing wage lam and WbP determinations. Unless spadfiraPy i ndicated in our Proposal, rests 'of apoP*Mkco at& Not ieleludad. IF woar* mquirad !o nave an appremice lsrr your project, acidatianal fates will be charged_ Prevailing %wage rates will increase by fah an July 1st of rash year • Qverdner Slwidiiud overtirne raM is per California Labor Law and as Ir Hod st 7.a or 2 4me7 thctr hourly bil liry rate [ivanlM& riff for non-f>tlrnpt fi oId personnel working on a Leigrlodn 06serAd holiday 15 belled st 2 emes their kwrly bilking rM.. Dlertime rate ror prevailing .wage tuark is per the California NpanmeM of IndiasgnaI RaWions (01F ;- determination and is ntllltiplied at 1-5 to 2 ti m their h ourty I illing rake Por o+ Mrne end doubly -time, rf5pfCghA0y Expert Wititem Time: Expert witness deposition and ta-e imany wil 1164 &arrd at 2 tiny h4uwly rates listed on the previous pages. with a minimum charge e. fD Ir hours per day Minilrmen F W4d Hourly Charger for Field Tichrivsani. Special lnspectm or any on -tit* (M*kd) m terials t4Sdinp somAe v 4 hmrs: 4-hour minimum cNrge up to the first four hpu #elf Work. a hours! 6-Pour mtnlmum file rgt for over four muss tat wor0% up to eight hours. Arojert time accrued includes porzsl to porsal ira%et tmf- // Leighton Out%ida Direct Caata: 149a%V enuiprrrYnt. tubibMrArlur fvar and expenses. project-�peri is permits anVgr Iiwn5es pnc W-sxKirx supplam&ncal insurance trx,rel. subsistence project-spKirc parking ghmnps, ;hippinS7, rvprud[r;fi7r� errjgtYa F*nrb� wAparesrs Mff be irw6ced at cost plus 2M unless billed dlrrctky to and paid by Client. • Inwicing: lm%oicsr err rendered monthly, payable upon receipt in Lmitsd States rkAws A sorvicr charger of 1IA-percent per ranth w+ll ba eharw for Im bsyrnrlu • 13ifwrt Disclasuns_ C3iert agrees to prowi&% aH e l twm 6w in client's posvesalen aheL.e w1ush ar pass trig peasaece of hurled a WP&ae and huan7aus materiais on the project site prior to fleldw ork and ag roes to reimburse Leighton for alE CJM" related to unanticipi rted dlscowery of utilltles and/or ha3irdou€ material€. Chant Is allo responsible far pm idrng safe and legal access to the project see far all ILei&ton field parsonne:l. EArth Malarial Samples QUOtyd tvstl ng U101 cleft Ara for soil WKII( r rock (eard•I) samples free of hazardou! mamrlals- Addltioryal casks will accrue beyond 11 del 4 standard tasting unit ram for handling_ tfse6ng arrd}er disposing of sod andfdr ro,-kcbrtaining hazardous mn rink. Hxmm-6ous re -arterials M11 be returned to the sits or the site owner'# desigr Otto mpr#wtaln4 at additional cost rot irxklQad in listed snit rates. Standard Tu rrr-arouM dme for geawhK rr'cal- laboruoryf no mute Is 14 worMing days. 5impias win be sxored tar 2 mpnths fallowing ogmplemn pf assigned tem after which they will he discarded- Priordocurnent&d natifkmlon is required if samples rxied to hw =red for a longer tine A ITIDrrthly sxaragr fro of S15 per big and 56 per sJe" or Habra will be ipphed. Qt o-ted tulle MOS are CAV Tpr earn rr']Srflali tarnpdrrl In Cal l`gf1Yl T71e1-0 may br additional rose for handling dmpWed samples. Cerro :timer I41 AViat Sasng4n-. AAW all dq r �ritvr3 bssaks izr v given sample set meet specified mrrpressive at design age or other rliem- designated stnengzK all 'hoed" cyfindier5 or 5peomern vdiil be aut>an`ati tal fy disposed C7F urdfpis specified in writiing prior to tP* 28r day break. Unless s¢leeilfcall� niqursted ethorwise, all other coortrumon r irmnala wwll be dlstsotm of after carnplydon of t--sxing and reparti ng. 22 05/16/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND IMEG ON -CALL ENGINEERING AND ENVIRONMENTAL SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and IMEG, a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 05/16/2024 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http//www.dir.ca.aov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to htt ://www.dir.ca. ov/Public-Works/PublicWorks.htmi 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION A. indemnity for Cesiq,n_ Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated 05/16/2024 volunteers and those City agents serving as independent contractors in the role City officials (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8. B. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in 05/16/2024 accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 05/16/2024 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special_ Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 05/16/2024 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: IMEG Attn: John Mark Thompson 901 Via Piemonte, Suite 400 Ontario, CA 91764 05/16/2024 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By. James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: IMEG (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: n Makk Thompson, Client Executive By: --� - Ricl3ard Godina, Project Executive Peter M. Thorson, City Attorney CONSULTANT IMEG Attn: John Mark Thompson 901 Via Piemonte, Suite 400 Ontario, CA 91764 909 477-6915 john.m.thompson@imeg.com 9 05/16/2024 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this services include: ■ Research Existing Survey Data, such as Maps, Records of Survey, Monument Ties, and Benchmarks • Locate Existing Monuments • Perform Boundary and Control Surveys ■ Prepare Legal Descriptions and Plat Maps for Right -of -Way Acquisition ■ Perform Aerial Mapping and Topographic Surveys • Establish and Verify Horizontal and Vertical Control • Locate Horizontally to 0.1+ feet all Existing Facilities • Perform Field Surveying for Project Planning and Design Purposes ■ Complete the Design of Minor to Moderate Engineering Projects ■ Perform landscaping and irrigation design ■ Perform lighting design for streets and parking lots • Perform Construction Staking, including Center Lines, Limits of Clearing, and Grubbing and Construction, Slopes, Saw Cuts, Edge of Pavement, Layout Lines, Drainage Structures, Curb & Gutter, etc. ■ Provide Environmental Document Services, including performing the required Studies and Surveys ■ Provide Environmental Engineering Services, including but not limited to CEQA Project Impact Analysis; Phase I and II Environmental Assessments; Wetland Delineation and Mitigation; Streambed Impact Analysis; Regulatory Agency Permitting, Air Quality Analysis; and Cultural Impact Analysis, Water Quality Management Plan (WQMP) Preparation and Third -Party Review, Approval, Implementation, and Field National Pollutant Discharge Elimination System (NPDES) Compliance • Assist with the preparation and processing of permits with Resource Agencies such as the U.S. Army Corps of Engineers (USACE) 404, State Fish and Wild Life 1600, and Regional Water Quality Control Board (RWQCB) 401 Certification 10 05/16/2024 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 11 05/16/2024 1AAEG HOURLY RATES IMEG STANDARD HOURLY RATES Note: 1 These rates are for staff located in the Discipline/Service: Civil, Land Survey, Landscape Architecture office providing the service. Staff based in one of INIEG's other offices may have • different billing rates. These rates can be Senior Client Exec/Senior Market Director/VP $300 provided as requested Client Executive/Market Director $285 2. Rates are adjusted annually Project Executive $244 Senior Project Manager 2 $230 Reimbursabies: Senior Project Manager 1 $210 Postage and delivery charges Engineer of Distinction/Landscape Architect of Distinction/ Travel Expense: Automobile mileage will be Planner of Distinction $230 invoiced at the IRS rate in effect at the time of travel, Travel expenses include mileage, Senior(Engineer/Landscape Architect/Planner) 3 $220 tolls, parking fees, taxi, train, airfare, rental Senior (Engineer/Landscape Architect/ Planner) 2 $205 car, fuel, and other out of pocket travel Senior (Engineer/Landscape Arch itect/Pla n ner) 1 $185 related expenses Meals and lodging when required to travel Project (Engineer/Landscape Architect/Planner) 2 $175 overnight Project (Engineer/Landscape Arch itect/Planner) 1 $165 Project -specific insurance coverage riders Graduate (DesignerlSurvey) 2 $135 or amendments necessary to comply with required insurance requirements above Graduate (Designer/Survey)1 $115 current IMEG limits and conditions Senior Land Surveyor 3 $180 Reproduction costs for existing facility doc- Senior Land Surveyor 2 $170 uments, and for one record set of contract document deliverables at each project Senior Land Surveyor 1 $160 phase/milestone when not provided to Project Surveyor 2 $150 IMEG by the Architect Project Surveyor1 $145 Reproduction and distribution costs associ- ated with issuing contract documents Designer of Distinction $190 Payment of plan review fees or other im- Senior (Designer/Crew Chief) 3 $180 posed governmental agency fees Senior (Designer/Coordinator/ Crew Chief) 2 $170 State filing and/or permit fees Senior (Des lgner/Coordinator/ Crew Chief)1 $160 Necessary consultants as approved by Project (Designer/Senior Technicial Crew Chief) 2 $145 Client Project (Designer/Senior Technicial Crew Chief)1 $140 Designer 2/Technician 4 $130 Designer 1/Technician 3 $115 Design Technician 2fTechnician 2 $110 Design Techniclan 1/Technician lllntern $100 Senior Construction Administrator $165 Construction Administrator $145 GIS System Architect $130 GIS Analyst $120 Senior Virtual Design Coordinator $150 Virtual Design Coordinator $140 Senior Virtual Design Technician $130 Virtual Design Technician $105 Administrative Assistant $95 12 05/16/2024 COST FILE I SU6CONSULTANT RATES David nEAULT ASSOCIATES Inc. Hourly rate schedule David Neault $195.00 per hour Principal $165.00 per hour Sr. Associate/Director of Design $155.00 per hour Associate/Project Manager $135.00 per hour Draftsman $105.00 per hour Administrative Assistant $ 85.00 per hour 13 05/16/2024 COST FILE I SUBCONSULTANT RATES GEOCON W H R T, T N C GEOTECHN I C A l a ENVIRONMENTAL ■ MATERIALS CO), 2024 SCHEDULE OF FEES — RV24 Professional Services Word Processor/Non-Technical Assistant/Draftsman/Dispatcher.................... _............. _..... ._....._....._:-........ ..._. ...... :...... 595/hr Engineering Assistant/Lab Technician.... .......... :........... ,.................................................... ..._............_._:.,....::...........»._:_..�:.„..�.:...,..... $95/hr Engineering Field Technician (Earthwork/Compaction Testing/Backfill)... ............... ,_..,,,___.._............._......._......, :....,... __.... :... '$85/hr Special Inspector (Concrete, Rebar, Masonry, Welding, etc. )............................ ....................................................... ..... .............. . ._....- '590/hr Engineering Inspector (Bottom Approval / Shoring / Foundations J Piles) .................. ... .-......... ... •$110/hr LA City Deputy Grading Inspector (Bottom Approval / Shoring J Foundations / Piles) ........:» ........................... ............. ... . 'S325/hr StaffEngineer/Geologist..-----•---------- -.-------------- .................................... .......-...----...----..._......----•-.•----•.----•................_......----................'$125/hr SeniorStaff Engineer/Geologist ............. .............-.._.._..•---.•-•----.....----------------------------- --------------- -..... ................ _•--- ................ »....„...... '$135/hr ProjectEngineer/Geologist........ ........_...._... ..._._..........»..........__......... ............................. - ............ ....... .............. .........S145/hr SeniorProject Engineer/Geologist..........,................... :......... ...... ..... ................. 4:..... ..................... ...................... _........ .... - ..................... 'S155/hr SeniorEngineer/Geologist.......... ..................... .................. _.............. c:... :...:............. ............ .. ........... ....._.............. ............. ................ .S175Jhr AssociateEngineer/Geologist....__......_...........................................:,..................---..........,.................................................,._............»...'5200/hr Principal Engineer/Geologist/Litigation Support.............._............................................._....................._....._...........---........................:..._-540O/hr Attorney Fees (General).. ..... ...... ....... .................... 55001hr Deposition or Court Appearance .......... ................... :....... .......... ................... _.._................ ............. ........ ........... ... ................................. S550/hr Overtime/Saturday Rate/Night Rate (7pm - 6am w/ 8-Hour minimum per call out) ......... „„......... ..............._ - - . 1 5 X Regular Hourly Rate Sunday and Holiday Rate...............................................W.......»»..........._....._....._.....__................. 2 X Regular Hourly Rate Minimum Field Services Fee per call --out, 4 Hours (if 4 hours or less), 8 Hours (if more than 4 hours and less than B Hours) Short -Notice Cancellation, 4 Hours (if afterAl pm of the day prior to the scheduled inspection time) Short -Notice Cancellation, 4 Hours (upon or after arrival atjobsite) 'Prevailing Wage (PW) California Labor Code §1720, et. Seq add $50Jhr _ - - -----------_. Travel —. __---� _ _ ---- --- Personnel.............. ............................. ................................................... -..._............. .............. ........ -.......... ..................... .. Regular Hourly Rate Subsistence(Per Diem) ..................................... ........ ........... ................................................. .... .........---..._......... . . - Quote Based on Location VehicleMileal p............. ..................-........_........._................... ............................... ............ _...... ..... _............ .0.75/mile Equipment, Materials �—------------- -- Nuclear Density Gauge/Sand Cone Testing Equipment ...- -. '510/hr Dynamic Cone Penetrometer ................ ..»..--....... .- ... $250/day Vehicle ....................... ..... ..... ...--------------------- ------'S10/hr Generator or Air Compressor ---.....-......-..........-------••--- . .- $100/day Special Inspection Equipment ..... ... .... ... .... '$5/hr Hand -Auger ......................... ..... ......................................... 540/day Pick-up Truck ............ ...._........... ....... -........ ......... .... $175/day Lath Bundle .. .... ............................................................ $1001ea 55-Gallon Drum .._ ......_...................... ...... ............ :,............ $75/ea Manometer .. $100/day AC Cold Patch .... ......... ............... _................. .................. ... ...535/bag Mobile Laboratory with Lab Technician ........ :....... .......... $1,650/day Gravel . .............. ..............._.-,.......•. - --. ..._............... ....... 535/bag Perforated 3" PVC Pipe ................ ................... _......... ...... . 545/10ft Quick Set PCC Patch ................. :......................... _:.................. 535/bag Sand Cone Testing Equipment . . ..... ....... ... 510/hr Sand................ .................... ._.... ....... ................................ ....535/bag Schmidt Hammer . ....... .................... ...................... -............. S100/day GPSUnit .................. ..... .................... ..................... ...._._... $175/day Soil Sample Tube .................. _.......... .._ ......,....... ,.. ,. 515Jea Battery -Powered Pump......._....-_.............-.._........-_..........5100/day Temp Marking Paint .... .......... ....... ----- - - ------ ............. . $20/can Coring Machine (concrete, asphalt, masonry) .....................5285/day Water Buffalo ...... ................. ...... .-.. - _.----- �._-..,..... $75/ea Double Ring Infiltrometer----- ................. ............................... $200/day Water Level Indicator ... .............. .................................. _.... $50/day Drive -Tube Sampler ... ...................................... ............. ........... $60/day 41 671 Corning Place, Suite 101 ■ Murfieta, California 92962 ■ Telephone 951 304.2300 • w,Arw geoconinc corn 14 05/16/2024 COST FILE ; SUBC.ONSLILTANT RATES Laboratory Tests" COMPACTION CURVES SOIL AND AGGREGATE PROPERTIES (D698/D1557IT99IT108) 4-inch mold ...................... .............. $300/ea (D422/T88) Particle Size, Hydrometer w/out Sieve-__....-_-.-.._5250/ea (D698/D1557/T99/T108) 6-inch mold .... ..... _.......................... 5300/ea (C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash ,....... $175/ea (CT 216) California Impact ....................................................... $300/ea (C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash ........ .S150/ea Check Paint.. ..................... ........____..-..,..._...____-----..........._..._. $125/ea (C136/D6913/T27) Sieve, Coarse or Fine No #200 Wash ......... $125/ea (D1632/CT312) Soil Cement Cyl- Fabrication (Set of 3) ,,.,,...._ 5200/set (C117/D1140/Tll) Materials Finer than#200................... „ .... 5315/ea (1)1632/CT312) Soil Cement Cyl, Fabrication (Addtl_ Spec-) ...... S75/ea (D2216/T265/CT226) Moisture Content ........................... _...... 540/ea (D1633/CT312) Soil Cement Comp. Strength (Set of 3) ,.:,.,... $350/set (D2487/D2488) Visual Soil Classification. ._..... ........................ 540/ea (D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec_) --- $125/ea (D2937) Density of In -Place Sail, Drive-Cyt. Method ................. S50/ea SOIL AND AGGREGATE STABILITY (D4943) Shrinkage Factors of Soils, Wax Method ..... ............... ....S75/ea (D2844/CT301) Resistance Value ....... ....................... ............... $350/ea (C131/C535/CT211) L.A. Abrasion Resistance --------------- .------------ 250/ea (D2844/CT301) Resistance Value, Treated........--__..._...---....._$350/ea (C142/T112) Clay Lumps and Friable Particles...........................155/ea (D1883) California Bearing Ratio ................ .................. .......... 5600/ea SOIL AND AGGREGATE PROPERTIES (CONTD.) (C977) Stabilization Ability of Lime ----------- ____ .......................... 185/ea (C123/T113) Light Weight Particles .......... .............. ..... ............ $250/ea (D1883) Calif. Bearing Ratio (Army Corp of Engineers) ..:.......... 600/ea (D3744/CT229/T210) Durability Index Fine __.......................... 5200/ea CHEN11CALANALYSIS (D3744/CT229/T210) Durability Index Coarse ... ....... ............. $200/ea (G387/CT643/T288) pH and Resistivity ................. 5175/ea (CT227) Cleanness Value_ .......... F., .... ........................ ............ $200/ea (D49721T289) pH Only ................................ ..._............. $75/ea (D4791) Flat & Elongated Particles ------- .... _............................. $175/ea (CT417) Sulfate Content. ........... ----- ............... ................... . . $125/ea (D693/CT205) Percent Crushed Particles-... -------------- ;.,,........... 5200/ea (CT422) Chloride Content ..... ...................._-- .... ........... ....., 5125/ea (D5821) Percent_ of Fractured Particles, Coarse Aggregate...._5200/ea (D2974) Organic Content .............. ........ ............. ...... ......... I... $100/ea (C40/CT213/T21) Organic Impurities ...... .------------------- ............. $100/ea PERMEABILITY, CONSOLIDATION AND EXPANSION (C235) Soft Hardness (Scratch Hardness)...............................$125/ea (D5084) Permeability, Flexible Wall .......................... ............... 5270/ea (C88/CT214/T104) Sulfate Soundness ............... .._.................... $500/ea (D5856) Permeability, Rigid Wall ......................... _............ ._... 5260/ea (C1252/T304) Uncompact. Void Content, Fine Aggregate ... ...-5175/ea (D2434) Permeability, Constant Head.. ---- .............. . ... . ......... S28DJea (C127/CT206/T85) Coarse Specific Gravity ............................ ..5150/ea (D2434) Permeability, FHA Slab -on -Grade ............................... $110/ea (C128/C7r207/T84) Fine Specific Gravity ..................... _........... $175/ea (D2434) Permeability, Hourly .... ...................... ...„.................. S55/ea (D854/CT209/T100) Specific Gravity of Soil ............... _.._........ $200/ea (D24351T216) Consolidation (6 pts. w/ Unload) ...................... 5400/ea (C29/CT212/T19) Unit Weight & Percent Voids ........... ,..-.--,..-$125/ea (D2435/T216) Consolidation Additional Point w/ Unload .......-_ $90/ea (D2419/CT217/T176) Sand Equivalent. .... __ .......................... $150jLa (134546) Swell/Compression Testing & Density,.__-..,.„ $125/ea (D4318/CT204/T89/T90) Plastic Index (Plastic/Liq_ Limit) .......5250/ea (134546) Swell/Settlement Testing & Density (ea, addtl- pt-) -__- 585/ea (D431R/CT204/T89) Liquid Limit ............... ........ .............. ......... 5125/ea (D4546) Swell/Settlement Testing & Density (County)............ 5100/ea (D4318/CT204/T90) Plastic Limit .......... ...............__..............$125/ea (154546) Swell/Settlement Testing & Density (FHA) ................. S90/ea (C330) Spec_ for Lightweight Aggregates, Struc. Concrete...... --..Quote (134829) Expansion Index of Soils ....................... .. _.-.,-,---------- .5250/ea SHEAR STRENGTH STEEL TESTING (D2166) Unconfined Compression ... ..................... ............. 510D/ea Reinforcing Steel Test$: (D3080/T236) Direct Shear (3 points) ..................... :............... 5350/set (A370) Tensile Strength & Elongation (D3080IT236) Direct ShearAddtl. Points/ea. residual pass ..... $125/ea #11 Bar & Smaller....................................................$100/ea (D2850) Unconsolidated-Undrained Triaxial Shear .................. $115/ea #14 Bar---..-__-_.._......................_..............._,--..----.,, $125/ea (D2850) Unconsolidated-Undrained Triaxial Staged_. ............ $160/ea #18 Bar (Proof Test) ................ ..................... ......,.. $150/ea (D4767) Consolidated-Undrained Triaxial Shear ...................... $265/ea (A370) Bend Test (D4767) Consolidated-Undrained Triaxial Staged ...... .._--.-------- $340/ea #11 Bar & Smaller,_,..,_....„. „...w...................... S50/ea (EM1110) Consolidated -Drained Triaxial Shear_ .................. .-.5375/ea #14Bar .................................. ........ ............... ... $75/ea (EM1110)Consolidated-DrainedTriaxial Staged ---------------------- $480/ea (A370) Tensile - Mechanicalty Spliced Bar MASONRY' ° #11 Bar & Smaller ..................................... .............5175/ea Concrete Black Test ISets of 3 Requiredt #14 Bar & Larger .................................... ..:............... $225/ea (C140) Unit Weight Moisture Content & Absorption._........... 5350/ea (A370) Tensile — Electric Resist- Butt Splice w/ Control ...- ..... [C140) Moisture Content/Absorption (ea. addtl. specimen) .. $125/ea (A370) Straightening of bar ('if required) .. ...... ....... ................ S50/ea (C140) Compression Test ---- ------- ,,,-------- ........................... ,-„-__ 5300/ea Structural Steel Tests: (C140) Compression Test (ea. addtl- specimen) ......................$125/ea (A370) Machining & Prep of Test Specimen .................... ....Cost + 20% (C426) Linear Drying Shrinkage ................................................ $350/ea (A370) Tensile Strength & Elongation (C109/UBC 21-16) Mortar Cylinder (2"x4")-__........................... $30/ea Up to 200,0001bs..................................................... $125/ea (C942) Grout Prism (3"x3"x6"), trimming included.._.... ........... .$35/ea 200,000 — 300,000 Ibs............... 5150/ea Masonry Prism (ASS@ 300,000 — 400,000 lbs ... .............................................. ........... 5175/ea (C1314)8"x8"x16"—B"x12"x16"------ ....................................... $2D0/ea Pre-srre5sing Wire & Tendon Tests: (C1314) 8"x16"x16"—10"x12"x16",.„................................. 5225/ea (A421) Tensile Strength, Single Wire ......................................$175/ea [C1314) 12"x12"x16"-12"x16"x16"....................... ............... $250/ea (A416) Tensile Strength, 7-Wire Strand . ... ............................. $200/ea (C1314) Larger than 12"x16"x16" „—-------- ..-_-__._-__ -- - - - ..--__-Quote 15 05/16/2024 COST FILE I SUBCONSULTANT RATES Laboratory Tests* (continued High Strn t h Bolt Nut & Washer R (A325/A490) Tensile Test on Bolts ........................ (A563) Proof Load Test on Nuts ............................ (A325/A490) Hardness Test on Bolts ................... (A536) Hardness Test on Nuts .............................. (F436) Hardness Test on Washers ........................ I Spec) men Tests: (E164) Ultrasonic Examination .............. Machining & Prep of Test Specimen ..................... (E381) Macrotech Test (3 Faces) ........................ _1560 Test [Set of 5 SI&ymeru). ....-----..$100/ea (C67)24-Hour Absorption, Cold Water --------- ............. ............. $250/set .............. $10D/ea (C67) 5-Hour Absorption, Boiling Water ........................... ......$250/set ............. $50/ea (C67) Compression Test or Modulus of Rupture-.-..-._-___..__.. --S300/set ................ S50/ea (C67) Each Additional Specimen. ................ _..... ................ ...... $100/ea ................$50/ea CONCRETE •• Mix Deli ns ................. Quote (ACI211/AC1214) Concrete Mix Design ..................................... S450/ea .......... Cost +20V (ACI211/ACI214) Review ofConcrete Mix Design ............ ........S450/ea $355 (C192) Concrete Trial Mix (includes equipment & labor) ......... S650/ea ASPHALT TESTING Concrete Prooerlles Asohatt Praaerdes: (C39/CT521/T22) Comp. Strength, Concrete Cyl.------------ ........... S30/ea (D2726/CT308jT166) Bulk Spec- Gray. Compacted HMA ........ S100/ea (C42/CT521/T22) Comp. Strength, Concrete/Gunite Core ......... 560/ea (D1560/CT366) Stabilometer Value (HVEEM) ........... -------------- 5225/ea (C78/CT523) Flex- Strength of 6"x6"x21" Concrete Beam .......$125/ea (D2041) Theoretical Max Specific Gravity ............................... $200/ea (C174) Length Measuring of Drilled Cores ........... .......... ........... $100/ea ID5444) Sieve Analysis of Extracted Asphalt --------------- __......... $250/ea (C1140) Shotcrete Panel -Coring & Testing (Set of 3)............... $350/set (D6307/CT382) Percent Asphalt, Ignition Method .................. $175/ea (C1140) Shotcrete Panel (each addtl. specimen) .....................S125/ea (D1188) Unit Weight of Asphalt Core .............. .------ .................. 595/ea (C496) Static Modulus of Elasticity _--. .............................. ........ $250/ea MISCELLANEOUS TESTING SERVICES (C496) Drying Shrinkage (Set of 3, up to 28 days)...................S650/set !�WL*rratlon of Hydraulic Ram 7 (C642) Spec_ Gravity, Absorp., Voids in Hardened Concrete ------S95/ea 100 Ton & Under ............... ...................................................... S250/ea 101Tons —200 Tons ......................... .------------------------ ..............5350/ea (F1869) Vapor Emission Rate, Concrete Subfloor....................... S50/ea Use of tlruvessaI Testing Machine: UTM with One Operator ------- .----------------- ............................ ._ $400/ea Additional Technician ............ ___ ..................... .._... Regular Tech Rate Spray Applied Fireproofing: •2x Surcharge on rush turn -around for laboratory testing. (E605/E736) Fireproofing Oven Dry Density/Thickness ...._TS125/ea •Fee applies for sample storage, testing, or disposal, 1_ Listed are typical charges far the serviteS MOST frequently performed by Georon. Prices for unlisted services as well as special quatotions for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include repartiAg of routine results not palling for comments, recommendations or conclusions. 2- Somplin and resting is conducted In substantial conformance with the latest applicable or designated specifications of the American Sodety�or Testing and Materials, Caltrans, American Association of Store Highway and Tfransporratlon Officials, or other pertinent agencies 3. Saturday, night work, and overtime hours are charged at time and one -hall,- Sundays and holidays at double time- Per diem is $155,00 per day when location of work dktates- 4. Fquipprttenr and materials will be billed of cost plus 15% Outside services including subcontractors and rental of special equipment are fJilled or cost plus i59e. Hourly services are billed portal to partai from closest office in accordance with the stated hourly rotes herefia, with a minimum two-hour charge. 5. Invoices will be submitted or four -week intervals. Terms of payment are met upon presentation of invoice. Invoices becarne delinquent thirty {30j days from invoice dare and subject to one and orfe-hay percent fl-112Yoj service charge per month, or the maximum rate allowed by law, whichever is tower. If Olen objects to all or any portion of any invoice, Client will so ratify Geocon In writing within fourreen (14) calendar days of the invoice dare, identify the cause of6sagreemenr, and pay that portion of the invoke not In dispute. The parties will immediately make every effort to serrk the disputed portion of the invoice- Payment on delinquent invoices wlli first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred /1ncludinp any attorneys fees and Costs) in connection with collection of any delinquent amount wHI be paid by Oienr to Geacon per Geocon s current fee schedule. b. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by low, Geocon's (the term Geocon' includes Geocan's partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultontsj tarol aggregate liability ra Clienr is limited to the greater of $50,000 or the total compensation received ed from Clienr by Geocon for services rendered on this project, for any and alf of Oenr 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 CHenr agrees to indemnify and hold harmless Georon 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 aggregare liability to all third parties, Including Contractors, subcontractors of all tiers, materiolmen, and others lnvalved in Client's project; as well as persons and other entities not involved in the "ecr, 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, muse 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 omrssions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain atxess or entry onto property rat awned by Client. Client agrees to notify all contractors and subcoraroctots of any Ilmfrolfon of Geocan's liability to them, and require them ro abide by such ilmiratran for damages suffered by any contractor or subcontractor arising from Geocon's actions ar inactions. Neither the contractor nor any subcontractor assumes any liabi6ry for damages to others uehirh mnv nricP nn nr umf nrr pP n'e artinne nr innrtinnc 16 05/16/2024 COST FILE I SUBCONSULTANT RATES HELIXning FEE SCHEDULE PROFESSIONAL RATES Current hourly billing rates for consulting services: Principal Planner/Principal Biologist $355 Sr. Project Manager/Sr. Specialist III $320 Sr. Project Manager/Sr. Specialist II $280 Sr. Project Manager/Sr. Specialist 1 $235 Env. Project Manager III/Specialist V $210 Env. Project Manager II/Specialist IV $195 Env. Project Manager I/Specialist 111 $180 Env. Planner II/Specialist II/Operations Manager $160 Env. Planner I/Specialist 1 $145 Office Assistant/Word Processor/Archaeology Monitor $115 `Specialists = archaeologists, biologists, noise, air quality/greenhouse gas (GHG), Geographic Information Systems (GIS), graphics, and permitting CONSULTING SERVICES Consulting services for expert witness review, deposition, and/or testimony will be provided at one and one-half times our standard rates. Overtime also may be charged at one and one-half times our standard rates. REIMBURSABLES Reimbursable expenses will be billed to the project at cost plus ten percent. 17 05/16/2024 COST FILE I SUBCONSULTANT RATES MONUMENT HOURLY RATE SCHEDULE Right of Way Management & Implementatlon Program Manager / Principal $290.00 per hour Senior Project Manager / Sr. Utility Project Manager $210.00 per hour ROW Project Manager 2 / Utility Project Manager 2 $190.00 per hour ROW Project Manager 1 / Utility Project Manager 1 $160.00 per hour Utility Coordinator $130.00 per hour Senior Acquisition Agent / Senior Relocation Agent / Senior Analyst $145.00 per hour Acquisition Agent 2 / Relocation Agent 2 / Property Manager $120.00 per hour Acquisition Agent 1/ Relocation Agent 1 $110.00 per hour Senior Project Coordinator $120.00 per hour Project Coordinator 2 $110.00 per hour Project Coordinator 1 $100.00 per hour Senior Project Analyst $135.00 per hour Project Analyst $110.00 per hour Researcher $90.00 per hour Projeot Support / Administrative Professional Staff $85.00 per hour Project Controller 2 $100.00 per hour Project Controller 1 $75.00 per hour Project Support Specialist $75.00 per hour The above hart' rates are exclusive of local traveUm19ege, photocopying. Fffm clam postage and overni int Gorier st rwm Theca expenses including out-0-pocket e,Penses awn as pro-approvea travel and lodging, adalb9 exnitM preparatgR r9quGGW overnight courier or registered and/or certirlea mail (return rewipt requested) charges, and speaafty reproaudicn (arias otherwise spa w&q are in addition to the oontract amount and vnll be charged at ooet plus ten plroent (+1046) for adrrinistration, 000rana hw. and nandfng_ Subcontrad9d cervices, other than those listed above, will be invoiced at cost plus ten percent (a10%) In the event Monument is required to perform arty act in rGIMion to t tie bon arPing out of any protect with the Client to example, 999rt oarmAng, rgsponding to a complaint. or proceeding with discovery and tral), Gucn servioas are not part of trhis contract, nor are they part of our normal tees If m0red, these types of services win be Ovnioed at two time9 the regular hourly rates In the event trio" contract extervx bey" the t%tial term of the PGA, the notsy ratec and any remaining amount in the Contract shall 0e ad)usted upwerdy by %Q percent (6%) per annrm, oompanded aW- y, on the ahnnersarj date of Ins contract Written commutication serviom in other languages would be an additional cost and wova be bled 99p3atey based on quoted nary rates by inoepa nowd translation services Verbal oormhunication in Spanicn, i necessary, will be ncluaw at no awrhonai charge Monument vdl GL&W monthly nvoiw9 for the profesalonal and trade sgrvioes rendered based on the ndury rate schedule provided above. The client sthal promptly pay She u nconWAed amount dug within no more than thirty 00) days after recapt of invoiw. upon completion of zerviw9, the rarrnirfM w"limM nrr r of rV 4ho r hnr4 halanra shall rorry MT W iDfahi ri ro and nararva 18 05/16/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND DOKKEN ENGINEERING ON -CALL ENGINEERING AND ENVIRONMENTAL SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), Dokken Engineering, a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 05/16/2024 C. Consultant will submit invoices monthly for actual services, performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.htmi 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION A. Indemnity for Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated 05/16/2024 volunteers and those City agents serving as independent contractors in the role City officials (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8. B. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in 05/16/2024 accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 05/16/2024 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 05/16/2024 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Dokken Engineering Attn: John A. Klemunes Jr., PE - President 1450 Frazee Road, Suite 100 San Diego, CA 92108 05/16/2024 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA DOKKEN ENGINEERING (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: James Stewart, Mayor ATTEST: By: - - Randi Johl, City Clerk APPROVED AS TO FORM: By: B By: Peter M. Thorson, City Attorney CONSULTANT Dokken Engineering Attn: John A. Klemunes 1450 Frazee Road, Suite 100 San Diego, CA 92108 J858y 514-8377 _j.kiemunes@dokkenengineering.com lent 05/16/2024 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this services include: Research Existing Survey Data, such as Maps, Records of Survey, Monument Ties, and Benchmarks • Locate Existing Monuments • Perform Boundary and Control Surveys • Prepare Legal Descriptions and Plat Maps for Right -of -Way Acquisition • Perform Aerial Mapping and Topographic Surveys • Establish and Verify Horizontal and Vertical Control • Locate Horizontally to 0.1+ feet all Existing Facilities • Perform Field Surveying for Project Planning and Design Purposes • Complete the Design of Minor to Moderate Engineering Projects • Perform landscaping and irrigation design • Perform lighting design for streets and parking lots • Perform Construction Staking, including Center Lines, Limits of Clearing, and Grubbing and Construction, Slopes, Saw Cuts, Edge of Pavement, Layout Lines, Drainage Structures, Curb & Gutter, etc. • Provide Environmental Document Services, including performing the required Studies and Surveys • Provide Environmental Engineering Services, including but not limited to CEQA Project Impact Analysis; Phase I and II Environmental Assessments; Wetland Delineation and Mitigation; Streambed Impact Analysis; Regulatory Agency Permitting, Air Quality Analysis; and Cultural Impact Analysis, Water Quality Management Plan (WQMP) Preparation and Third -Party Review, Approval, Implementation, and Field National Pollutant Discharge Elimination System (NPDES) Compliance ■ Assist with the preparation and processing of permits with Resource Agencies such as the U.S. Army Corps of Engineers (USACE) 404, State Fish and Wild Life 1600, and Regional Water Quality Control Board (RWQCB) 401 Certification 10 05/16/2024 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 11 05/16/2024 BILLING RATE SCHEDULE i,Tectivejonuwy T, 2024 Professional and supporting scarf services will be billed at the following hourly bi ling rates: CLASSIFICATION BILLING RATE* PROJECT Principal $295.00 to $"5.00 MANAGEMENT QA/QC Manager $295.00 to $445.00 Project Manager $225.00 to $355.00 DESIGN Senior Engineer2 $210.00 to $325.00 Senior Engineer 1 $180.00 to $265.00 Associate Engineer 2 $150.00 to $235.00 Associate Engineer 1 $140.00 to $210.00 Assistant Engineer $120.00 to $180.00 Assistant Engineer 1 $105.00 to $150.00 Senior CAD $180.00 to $250.00 CADIDerailer $135.00 to $195.00 Engineering Technician $90.00 to $150.00 ENVIRONMENTAL Environmental Manager $235.00 to $325.00 PLANNING Principal Planner $195.00 to $295.00 Senior Envlronrrw-ntat Planner $120.00 to $235.00 associate Ermronmen :aI Planner $105.00 to $165.00 Environmental Planner $95,00 to $115.00 Environmental TechnKian $75.00 to $105.00 RIGHT OF WAY Right of Way Manager $180.00 to $250.00 Senior Righ; of WayAgen:? Spec:allst $120.00 to $210.00 Right of Way Appraiser $95.00 to $135.00 Right of Way Agent 1 Specralist $90.00 to $135.00 Right of Way Ass+stant I GiS Tethmci an $70.00 to $105.00 PUBLIC OUTREACH Community Engagement Director $150.00 to $225.00 Technical Editor $120.00 to $195.00 Graphic Designer $75.00 to $150.00 'B;Iling Razes will be escalated by 596 in January of each year, rounded to the nearest multiple of $5. Ordinary supplies and equipment are included in the above hourly rates. The folIowlrgare considered project- specifir items and their cast will be added at the following rates: Signature Outside Reproduction Permit Fees / Public Notice.Advertisements Postage for Public Notice Advertisements Record Search Fees / Mapping Fees Room and Equipment Rentals Traffic Control Utility Potholing Title Reports / Appraisal Reviews President Title Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost 4/30/2024 Date I10 Imuk, Ravi no Rtkid' Sumo 200, Folsom, CA 166A1 471", - It, Iv: 916.858.OUA2 • FaN:916.83S.064 12 05/16/2024 ICI_ NITRUCTION MANAIEMENA y LANR80APE ARCMITECTURE RATE SCHEDULE Hourly _ Job .0wiificcation Rate Principal Landscape Architect $220 Senior Landscape Architect $180 Landscape architect III / Irrigation Designer $160 Landscape Architect 11 /' Project Manager $140 Landscape Architect I / Senior Landscape Designer $120 CARD $100 Office Adrnin $50 13 05/16/2024 I SURVEY FEE SCHEDULE (20240101): 1 Licensed Land Surveyor ..... .................................. Survey Field Crew ............... ...... Drafting/ Calculations/ Technician ... .......... ....... .............. ....... ........ Printing and other expenses Hourly at a rate of: $225 ............... ................................................... Hourly at a rate of $250 ............. ......... Hourly ata rate of.7S200 ............. .. ............ ...... ...... COSt PILIS . I Y-b Terrascribe 14 05/16/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND MNS ENGINEERING, INC. ON -CALL ENGINEERING AND ENVIRONMENTAL SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and MNS Engineering, Inc., a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner 05/16/2024 as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services- C . Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http_://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http-//www.dir,ca.,ciov/Public-Works/PublicWorks.html 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. 05/16/2024 b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. Any use, reuse or modification by the City shall be at the City's sole risk, unless agreed to in writing by the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 05/16/2024 10. INDEMNIFICATION A. Indemnity for Desiiqn Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8. B. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to 05/16/2024 it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 05/16/2024 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 05/16/2024 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: MNS Engineering, Inc. Attn: Brandon Reyes 201 N. Calle Cesar Chavez, Suite 300 Santa Barbara, CA 93103 05/16/2024 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following 05/16/2024 non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/ 16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney MNS Engineering, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: �! Darren K. Riegle�T., President and CEO By: Br 0 n Re fes, .E. V W resident CONSULTANT MNS Engineering, Inc. Attn: Brandon Reyes 201 N. Calle Cesar Chavez, Suite 300 Santa Barbara, CA 93013 951 532-4510 breyes@mnsengineers.com 10 05/16/2024 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this services include: • Research Existing Survey Data, such as Maps, Records of Survey, Monument Ties, and Benchmarks Locate Existing Monuments ID Perform Boundary and Control Surveys • Prepare Legal Descriptions and Plat Maps for Right -of -Way Acquisition Perform Aerial Mapping and Topographic Surveys Establish and Verify Horizontal and Vertical Control Locate Horizontally to 0.1+ feet all Existing Facilities Perform Field Surveying for Project Planning and Design Purposes • Complete the Design of Minor to Moderate Engineering Projects Perform landscaping and irrigation design • Perform lighting design for streets and parking lots Perform Construction Staking, including Center Lines, Limits of Clearing, and Grubbing and Construction, Slopes, Saw Cuts, Edge of Pavement, Layout Lines, Drainage Structures, Curb & Gutter, etc. • Provide Environmental Document Services, including performing the required Studies and Surveys • Provide Environmental Engineering Services, including but not limited to CEQA Project Impact Analysis; Phase I and II Environmental Assessments; Wetland Delineation and Mitigation; Streambed Impact Analysis; Regulatory Agency Permitting, Air Quality Analysis; and Cultural Impact Analysis, Water Quality Management Plan (WQMP) Preparation and Third -Party Review, Approval, Implementation, and Field National Pollutant Discharge Elimination System (NPDES) Compliance • Assist with the preparation and processing of permits with Resource Agencies such as the U.S. Army Corps of Engineers (USACE) 404, State Fish and Wild Life 1600, and Regional Water Quality Control Board (RWQCB) 401 Certification 11 05/16/2024 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 12 05/16/2024 OMNS 2024 STANDARD SCHEDULE OF FEES ENGINEERING Principal Engineer .......... LeadEngineer...........................................270 SupervisingEngineer..,..........................255 Senior Project Engineer ........ ............... 235 ProjectEngineer ...... ....... ............. .... ..... 210 Associate Engineer ................... ........ .... 190 Assistant Engineer.____., . ...............175 SURVEYING Principal Surveyor ...................... ....... ..,$280 LeadSurveyor .................... ____ ......,..270 Supervising Surveyor ..... ............ ..,..,..,..230 Senior Project Surveyor..,..,......,..,......„ 210 ProjectSurveyor ........... ......... ............ .,_ 185 Associate Project Surveyor...................175 Assistant Project Surveyor ................ „.,160 Party Chief(PW)......................................190 Chainperson(PWj..................................160 One -Person Survey Crew (PW) ........... 225 TECHNICAL SUPPORT CADD Manager .............. ....... ._.„,......... $210 Supervising Technician.,.„....,......,,.„„ 180 Senior Technician...................................170 Engineering Technician ......... ..... ......... 130 PROJECT/PROGRAM MANAGEMENT Principal -In- Charge ............ ......... S340 Senior Project/Program Manager..,..,325 Project/Program Manager....................275 Assistant Project/Program Manager 255 Senior Project Coordinator.......,._........195 Project Coordinator................................165 CONSTRUCTION MANAGEMENT Principal Construction Manager.....$330 Senior Construction Manager...,...... 290 Senior Resident Engineer .....................265 ResidentEngineer„........ ............ ............250 Structure Representative....._................245 Construction Manager„........................230 Assistant Resident Engineer ....... ..._..... 210 Sr. Construction Inspector (PW) .......185 Construction Inspector (PW) .............177 Office Administrator .............. ........... ..... 135 PLANNING Planning Director. .......___ .......... .„..t235 City Planner/Planning Manager.......220 Principal Planner ........ ........... ................. 205 Senior Planner... ............ ..........._............190 AssociatePlanner..„.,..............................160 Assistant Planner.....................................135 Planning Technician............ . . ...............115 ADMINISTRATIVE SUPPORT Senior Management Analyst.............$195 Management Analyst......,..... ....... „........ 165 IT Technician .... ............ ..... ................... 150 Graph ics/Visua I ization Specialist,..,...160 Administrative Assistant....,.„..........„.„ 105 GOVERNMENT SERVICES City Engineer ....................„ $265 Deputy City Engineer ......... ........ _.......„.235 Assistant City Engineer.-_., .. . ..............225 Plan Check Engineer ........... ..... ..... ........ 185 Permit Engineer........................................175 CityInspector ........... ............ _.............. ...168 Senior City Inspector (PW) .................185 City Inspector(PW) ....... . .... . ...................177 Principal StonnwaterSpecialist .......... 190 Senior StormwaterSpecialist ............ .180 Stormwater Specialist ................ „......... 170 Stonnwater Technician ..... .... ..... _...... 150 Building Official.....................................250 Senior Building Inspector ............ ......... 200 Building Inspector ............. _.......... ......... 175 Senior Grant Writer ._................. ........... 190 GrantWriter..............................................18U Associate Grant Writer ............ ........ „160 Assistant Grant Writer .......................... 145 DIRECT EXPENSES Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plats, telephone, travel (out of area) and all simaw charges directly connected with the work will be charged at cost plus fifteen percent {15%)_ Mileage will be charged at the current federal mileage reimbursement rate. PREVAILING WAGE RATES Rates shown with Prevailing Wage '(PW)' armotation are used for field work on projects subject to federal or state prevailing wage law and l Tammy Petricka increases per DIR_ ANNUAL ESCALATION Standatd fee rates provided for each classification are subject to 5% annual escalation or the most recent US Bureau of labor Statistics Consumer Price Index, whichever is higher: OVERTIME Overtime for non-exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees and other classifications will be charged at 1 x hourly rate. Rev 1r9012024 Brandon Reyes, Vice President 13 05/ 16/2024 Rincon Consultants, Inc. Em marnnnU Sib Asreumeo Soil Vapor Extraction Monitoring Equipment $160 Four Gas Monitor $137 Flame lonlzatlon Detector $110 Photo Ionization Detector $82 Hand Auger Sampler $,62 Water Level Indicator, DC Purge Pump $46 CAPDash Nebnral Resources Fit Egtdpnw t UAS Drone $7.50O $300 Spotting or Fiberoptic Scope $170 Pettersson Bat Ultrasound Detector/Recording Equipment $170 Sound Level Metering Field Package (Anemometer. Tripod and Digital Camera) $113 GPS (Submeter Accuracy) $67 Infrared Sensor Digital Camera or Computer Field Equipment S57 Scent Station $23 Laser Rangefinder/Altitude $11 Pitfall Traps, Spotlights. Anemometer, GPS Units. Sterilized Sample Jar $9 Mammal Trap, Large/Smali WaW ern! Mairlae Resources Equipment Boat (2O•foot Boston Whaler of Similar) $155/$0.55 $800 Multiparameter Sande (Temperature. Conductivity. Turbidity, D0, pH) with GPS $17O Water Quallty Equipment (D0, pH. Turbidity. Refractometer, Temperature) $62 Refractometer (Salinity) or Turbidity Meter $38 Large Block Nets $114 Minnow Trap $98 Net, Hand/Large Seine Field Ewbnent Packages Standard Field Package (Digital Camera, GPS. Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment) $57 $114 Remote Field Packkage (Digital Camera. GPS, Thermometer, Binoculars, Tablet and Niffi, Delorme Satellite Beacon. 24-Hour Safety Phone) $144 Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hard Net, Field Microscope) $170 F15herles Equipment Package tWaders, Wetsults, Dip Nets. Seine Nets, Bubblers, Buckets) $57 Underwater and Marine Sampling Gear (Photo/Video Camera. Scuba Equipment [Tanks, BCD. Regulators, Wetsults, etc.jl $57/diver Marine Feld Package (Personal Flotation Devices.10O•foot Reel Tapes with Stainless Carabinem, Pelican Floats. Underwater Slates, Thermometer. Refmctometef, Anemometer, Various Field Guides) lwnrame, Natctlfd, and Feas Historic Research Fees $10O $55 L&H Dive Insurance $57/diver Level C Health and Safety $70/pef5on 14 05/16/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND NV5, INC. ON -CALL ENGINEERING AND ENVIRONMENTAL SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and NV5, Inc., a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 05/16/2024 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.g,ov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.-gov/Public-Works/PublieWorks.html 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION A. Indemnity for -Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated 05/16/2024 volunteers and those City agents serving as independent contractors in the role City officials (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8. B. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in 05/16/2024 accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 05/16/2024 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 05/16/2024 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: NV5, Inc. Attn: Jeffrey M. Cooper 15092 Avenue of Science, Suite 200 San Diego, CA 92128 05/16/2024 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Rand! Johl, City Clerk APPROVED AS TO FORM: By: NV5, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: 011 Jeffrey . Cooper EVP, Chief Operating Officer By: Ma Jo O'Brien! Cor orate Secretary Peter M. Thorson, City Attorney CONSULTANT NV5, Inc. Attn: Jeffrey M. Cooper 15092 Avenue of Science, Suite 200 San Diego, CA 92128 (949) 585-0477 irvinebdgroup@nv5.com 05/16/2024 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this services include: • Research Existing Survey Data, such as Maps, Records of Survey, Monument Ties, and Benchmarks • Locate Existing Monuments • Perform Boundary and Control Surveys • Prepare Legal Descriptions and Plat Maps for Right -of -Way Acquisition • Perform Aerial Mapping and Topographic Surveys • Establish and Verify Horizontal and Vertical Control • Locate Horizontally to 0.1+ feet all Existing Facilities • Perform Field Surveying for Project Planning and Design Purposes • Complete the Design of Minor to Moderate Engineering Projects • Perform landscaping and irrigation design • Perform lighting design for streets and parking lots • Perform Construction Staking, including Center Lines, Limits of Clearing, and Grubbing and Construction, Slopes, Saw Cuts, Edge of Pavement, Layout Lines, Drainage Structures, Curb & Gutter, etc. • Provide Environmental Document Services, including performing the required Studies and Surveys • Provide Environmental Engineering Services, including but not limited to CEQA Project Impact Analysis; Phase I and II Environmental Assessments; Wetland Delineation and Mitigation; Streambed Impact Analysis; Regulatory Agency Permitting, Air Quality Analysis; and Cultural Impact Analysis, Water Quality Management Plan (WQMP) Preparation and Third -Party Review, Approval, Implementation, and Field National Pollutant Discharge Elimination System (NPDES) Compliance • Assist with the preparation and processing of permits with Resource Agencies such as the U.S. Army Corps of Engineers (USACE) 404, State Fish and Wild Life 1600, and Regional Water Quality Control Board (RWQCB) 401 Certification 10 05/16/2024 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 11 05/16/2024 NV5 RATE SCHEDULE Rates are effective through June 30, 2025_ Rates will automatically increase by 3% July 1 each year thereafter Junior Engineer / Planner / Scientist / Surveyor $142.00/hour Assistant Engineer / Planner/ Scientist/ Surveyor $162.00/hour ASSOCiate Engineer / Planner/ Scientist / Surveyor $173.00/hour Senior Engineer/ Planner,, Scientist, Surveyor $200.00/hour Senior Bridge Engineer $205.OQ/hour Project Manager $246.00/hour Senior Project Manager $273.00/hour Principal Engineer $300.00/hour Principal $315.OQ!hour 1::.1t..'. l4 '.r. Engineering Aide, `Planning Aide $95.00/hour Project Assistant $105.00/hour Project Administrator $116.OQ/hour CADD Technician I $116.00/hour CADD Technician 11 $150.00/hour CADD Technician III $160.00,/hour Sr. CADD Technician; Designer $176.00/hour Design Supervisor $186.00/hour GIS Technician i $114.00/hour GIS Technician 11 $146.00/hour GIS Analyst $163.00/hour Senior GIS Analyst $193.00,/hour Senior Principal $265.00/hour Principal $245.00/hour Senior III $235.00/hour Senior 11 $220.00/hour Senior I $210.00/hour Staff III $180.OQ/hour Staff It $160.00,Ihour Staff I $150.00,/hour Associate 111I $140.00/hour Associate 11 $130.00/hour Associate I $120.00/hour Specialist III $115_a0/hour Specialist 11 $110.00/hour Specialist I $105.00/hour Project Analyst III $125.00/hour Project Analyst I $115.00/hour 1-Pe son Surrey Crew tGPS? (Roboticl+ 1-Person Survey Crew- 2-Pe rson Surrey Crewa 3-Person Surrey Crew" EXPENSES Reproduction Consultant Services Automobile Transportation Delivery, Freight, Courier_ Agency Fees Commercial Travel $198.00/hour $155.00/ hou r $330.00/hour $445.00/hour Cost _ Cost + 15% per IRS standard Cost Cost Cost * Assumes prevailing wages are applicable for field work. �* Regular rates. Work in excess of 8 hours and work on Saturdays will be billed at 15 times the regular rate_ Work in excess of 12 hours and work on Sundays and Holidays will be billed at 2 times the regular rate 12 05/16/2024 rlTORY R. WALKER ENGINEERING HOURLY FEE SCHEDULE Effective 07/01 /2023 PRINCIPAL $280 SENIOR PROJECT MANAGER $250 PROJECT MANAGER $240 SENIOR ENGINEER $220 ASSOCIATE ENGINEER $190 ENGINEER II $160 ENGINEER 1 $150 CADD/GIS* $150 ENGINEERING TECHNICIAN $130 ADMINISTRATIVE $1 10 'COMPOTER-AIDED DESIGN 8 DRAFTING/GEOGRAPHIC INFORMATION SYSTEMS WATERSHED, FLOODPLAIN & STORAIWATER MANAGEMENT I RfVER RESTORATION I FLOOD FACILITIES DESIGN I SEDIMENT & EROSION 122 CIVIC CENTER DRIVE, SUITE 206, VISTA, CA 92084 1 (760J 414-9212 J TRWENGINEERING.COM 13 05/16/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND CL SURVEYING AND MAPPING ON -CALL MAPPING AND SURVEY SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and CL Surveying and Mapping, Inc., a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 05/16/2024 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024 provided that the work performed is of value pursuant to this Section, the Consultant will entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT to the City. Upon termination of the Agreement submit an invoice to the City, pursuant to Section a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings,,maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any 05/16/2024 and all claims, demands, losses,.defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no Less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 05/16/2024 b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in Limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or 05/16/2024 better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project 05/16/2024 or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or .be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: CL Surveying and Mapping Attn: Daniel Calvillo 43460 Ridge Park Drive, Suite 140 Temecula, CA 92590 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern 05/16/2024 the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: CL SURVEYING AND MAPPING (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: C-- Lam Le, President By: 7- Daniel Calvillo, Chief Financial Officer Peter M. Thorson, City Attorney CONSULTANT CL Surveying and Mapping Attn: Daniel Calvillo 43460 Ridge Park Drive, Suite 140 Temecula, CA 92590 (909) 544-9546 dan@cl-survey.com 05/16/2024 IMIMMI Tasks to be Performed The specific elements (scope of work) of this services include: • Research existing survey data such as maps, records of survey, monument ties, and benchmarks • Locate existing monuments • Perform boundary and control surveys • Prepare legal descriptions and plat maps for right-of-way acquisition • Prepare Records of Survey as needed • Perform aerial mapping and topographic surveys • Establish and verify horizontal and vertical control • Locate horizontally to 0.1+ feet all existing facilities • Perform field surveying for project design purposes • Perform map checking services for the Land Development division of the Public Works Department for various development plans throughout the City • Perform construction staking including center lines, limits of clearing and grubbing and construction, slopes, saw cuts, edge of pavement, layout lines, drainage structures, curb & gutters, etc. 10 05/16/2024 Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $300,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 11 05/16/2024 ON -CALL MAPPING AND SURVEY SERVICES No. 292 FEE SCHEDULE (This rate schedule covers the period between July 1, 2024, and June 30, 2029) Office 7/24 7/25 7/26 7/27 7/28 7/29 Contract/ Survey Manager $240 $250 $265 $280 $295 $300 Project Surveyor $200 $210 $220 $230 $245 $255 Survey Analyst/Technician $165 $17S $185 $190 $200 $210 Admin / Clerical $100 $105 $110 $120 $120 $130 Note. Authorized overtime will be charged at 1.5 tunes the above rate. 1 Person Field Crew * $250 $265 $275 $290 $305 $320 2 Person Field Crew * $350 $370 $390 $405 $425 $450 3 Person Field Crew * $450 $475 $500 $520 $550 $575 CL Surveying and Mapping, Inc. is signatory to the International Union of Operating Engineers Local 12. Field surveyors are therefore paid prevailing wage rates for all work performed. ReirnburSLable 1. 3D Laser Scanner equipment is not .included in our overhead rate and will be invoiced at an additional separate daily rate. 2. All field staff aresubject to prevailing wages. 3. Aerial Mapping Costs by subconsultant Digital. Mapping Inc. (DMI) will be invoiced as an ODC A copy of invoices from DMl will be submitted far reimbursement., 43460 Ridge Park Drive, Ste 140 Temecula, C,A'92590 90.9.$484.4200 w w%n,r.CL-SLm vey.carn 12 05/16/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND MICHAEL BAKER INTERNATIONAL, INC. ON -CALL MAPPING AND SURVEY SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Michael Baker International, Inc., a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 05/16/2024 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http,//www.dir.ca.gov/Pubiic-Works/PublieWorks.html 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any 05/16/2024 and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 4 05/16/2024 b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or 05/16/2024 better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances_ The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project 05/16/2024 or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Michael Baker International, Inc. Attn: Christopher Alberts 40810 County Center Drive Temecula, CA 92591 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in 05/16/2024 the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Rand! Johl, City Clerk APPROVED AS TO FORM: By: MICHAEL BAKER INTERNATIONAL, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) r By: C r stopper Alberts, Vice President By: Peter M. Thorson, City Attorney CONSULTANT Michael Baker International, Inc. Attn: Christopher Alberts _ 40810 Coun Center Drive Temecula, CA 92591 208 535-8278 calberts@mbakerintl.com 05/16/2024 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this services include: • Research existing survey data such as maps, records of survey, monument ties, and benchmarks • Locate existing monuments Perform boundary and control surveys Prepare legal descriptions and plat maps for right-of-way acquisition • Prepare Records of Survey as needed • Perform aerial mapping and topographic surveys • Establish and verify horizontal and vertical control Locate horizontally to 0.1+ feet all existing facilities Perform field surveying for project design purposes • Perform map checking services for the Land Development division of the Public Works Department for various development plans throughout the City • Perform construction staking including center lines, limits of clearing and grubbing and construction, slopes, saw cuts, edge of pavement, layout lines, drainage structures, curb & gutters, etc. 10 05/16/2024 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $300,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. HOURLY RATE SCHEDULE On -Call Services January 1, 2024-December 31, 2024 Two -Man Survey Crew.......................................................................................................................................................................5340 One -Man Survey Crew.......................................................................................................................................................................$210 ProjectManager(PLS)................................... ................................................................... ................................................................. $275 OfficeSupport (PLS)..........................................................................................................................................................................$200-250 OfficeSupport (LSIT).........................................................................................................................................................................5175-200 OfficeSupport (Survey Tech) ................................ .............................. .................................. ........ .................................................... 5150-175 11 05/16/2024 Written Consent in Lieu of a Meeting of the Board of Directors of Michael Baker International, Inc. (F/K/A Michael Baker Jr., Inc.) March 31, 2024 The undersigned, being the Board of Directors (the Board) of Michael Baker International, Inc., a Pennsylvania corporation (the Corporation), pursuant to Section 1727(b) of the Pennsylvania Business Corporation Law and the Corporation's governance documents, hereby consent to and adopt the following resolutions in lieu of a meeting: Appointment of Officer(s) WHEREAS, there is currently a vacancy on the Board of the Corporation until such time as the shareholder or a majority of the board of directors of the Corporation shall appoint a replacement for the board vacancy, which shall be done upon the determination of an individual that should fill the vacancy; WHEREAS, the directors have determined that it is in the best interest of the Corporation to ratify, confirm and approve the appointment of the person(s) to the position(s) set forth opposite their respective names on Exhibit A attached hereto and made a part hereof, and to remove any person(s) not named on Exhibit A attached hereto. NOW THEREFORE, BE IT RESOLVED, that such person(s) be and hereby are elected to the position(s) set forth opposite their respective names on Exhibit A attached hereto and made a part hereof, to hold such position(s) until the earlier election and qualification of their respective successors or until their earlier resignation or removal (collectively the Appointed Officer(s)), and any person(s) not named on Exhibit A attached hereto, be and hereby is, removed as an Officer of the Corporation; FURTHER RESOLVED, that all acts previously, concurrently and subsequently taken by the Appointed Officers from the date of his or her assumption to the position to the date hereof in the capacity of the position set forth opposite their respective names are hereby expressly confirmed, ratified, approved and authorized in all respects as actions of the Corporation; General Authorization FURTHER RESOLVED, that the Appointed Officer(s) of the Corporation, or any later designated Appointed Officer(s), be, and each of them hereby is, authorized, in the name and on behalf of the Corporation, to take such further actions and to execute and deliver such further instruments, certificates or documents in the name of the Corporation, and to retain such counsel, agents and advisors and to incur and pay such expenses, fees and taxes as shall, in the opinion of such Appointed Officer executing the same, be determined necessary or advisable in order to effectuate or carry out fully the purpose and interest of all of the foregoing resolutions (such determination to be conclusively, but not exclusively, evidenced by taking of such actions or the execution of such instruments, certificates or documents by any such Appointed Officer(s)); FURTHER RESOLVED, that Assistant Secretaries who have been given physical possession of the Corporation's Corporate Seal under the authority of the Secretary of the Corporation are entitled to affix the Corporate Seal on proposal documents, contract documents, and certain other administrative forms that require attestation, provided, however, that such Assistant Secretaries are not authorized to affix the Corporation's Corporate Seal to any stock certificates of the Corporation absent further written approval by the Secretary; FURTHER RESOLVED, that any actions taken by the Shareholder(s), Director(s), or Officer(s) of the Corporation on or prior to the date of the foregoing resolutions that are within the authority conferred hereby are hereby ratified, confirmed and approved as the act and deed of this Corporation; FURTHER RESOLVED, that the execution of this Written Consent and delivery thereof by facsimile, PDF or electronic signatures shall be sufficient for all purposes and shall be binding upon any party who so executes; FURTHER RESOLVED, this Written Consent may be executed in two or more counterparts, each of which shall be an original and all of which together shall constitute one and the same Written Consent; and FINALLY RESOLVED, that an executed copy of this Written Consent shall be filed with the minutes of the proceedings of the Board. IN WI'I'NI--SS WHEREOF, the undersigned have executed this Written Consent as of the date first above written. DIRECTORS. By: Name: Thomas J. . 1111pbell By: Name: Brian A. Lutes 1 ; Name: James E. Koch Name: John M. Tedder [Signature page to Written Consent in Lieu of a Meeting of the Board of Directors of Michael Baker International, Inc.] IN WITNESS WHEREOF, the undersigned have executed this Written Consent as of the date first above written. DIRECTORS: By: Name: Thomas J. Campbell air Bv: Brian Lutes (Mar 2 , 02416:43 EDT) Name: Brian A. Lutes t& rb By: Name: James E. Koch John M Tedder (Mar 29.2024 21:12 EDT) Name: John M. Tedder [Signature page to Written Consent in Lieu of a Meeting of the Board of Directors of Michael Baker International, Inc.] EXHIBIT A Thomas J. Campbell Chairman Brian A. Lutes President & Chief Executive Officer Dennis Berlien Executive Vice President & President, Sustainable and Resilient Solutions Sara Harris Executive Vice President & Chief Human Resources Officer Daniel Kieny Executive Vice President & President, Consulting and Technology Solutions James Koch Executive Vice President & Chief Operating Officer Stephanie Long Executive Vice President &War Chief Financial Officer Brian May Executive Vice President & President, Federal Programs and Services Eric Ostfeld Executive Vice President & President, Design Build John Tedder Executive Vice President & Chief Legal Officer & Secretary Kenton Zinn Executive Vice President & President, Infrastructure John Alberghini Senior Vice President & National Market Lead - Navy Jeffrey Baker Senior Vice President & Office Executive Steven Barber Senior Vice President & Office Executive Ronald Chaffin Senior Vice President & Practice Executive - Federal Architecture John Dietrick Senior Vice President & Program Manager Beth Drylie Senior Vice President & Regional Market Lead - Federal Markets Eric Frary Senior Vice President & Office Executive Andrew Gluck Senior Vice President & Regional Director Magdy Hagag Senior Vice President & Regional Director Todd Heino Senior Vice President & SVP Business Development Charles Hunley Senior Vice President & National Director, Bridge Services John Hurley Senior Vice President & National Market Lead - Army Brian Kozy Senior Vice President & National Technical Director, Bridge Services David Leach Senior Vice President & National Market Lead - Federal Civilian Programs Trudi Lim Senior Vice President & Regional Director & Assistant Secretary Benjamin Matthews Senior Vice President & National Market Lead -Federal Civilian Thomas Montgomery Senior Vice President & Regional Director Fredrick Muncy Senior Vice President & Technical Advisor - Water David Nelson Senior Vice President & Practice Executive - Commercial Engineering John Robinson Senior Vice President & Office Executive Jade Rung Senior Vice President & National Market Lead - Inter -Agency Lori Stump Senior Vice President & SVP Federal Operations Michael Tylman Senior Vice President & Technical Manager - Land Development Nicolaas Veraart Senior Vice President & National Practice Lead - Planning John Walsh Senior Vice President & Regional Director Thomas Zagorski Senior Vice President & National Practice Lead, Program/Construction Management Christopher Alberts Vice President & Office Executive Kevin Anderson Vice President & Office Executive Allison Andrews Vice President & VP, Director - Emergency Management and Response Michael Arens Vice President & Office Executive Mohamed Amin Bagha Vice President & Regional Practice Lead - Water Robert Balanti Vice President & VP Human Resources William Balentine Vice President & Office Executive Joseph Bartorelli Vice President & CTS - Practice Executive Richard Beck Vice President & Practice Executive - Planning, Survey & Land Development & Assistant Secretary James Bell Vice President & Technical Director Jill Bell Vice President & VP, SSC & Treasurer Paula Boardman Vice President & National Geospatial Practice Executive Gilberto Bosque Vice President & Office Executive Kirsten Bowen Vice President & National Director - Rail & Transit Albert Bowman Vice President & Office Manager Elizabeth Bradford Vice President & VP, National Resilience Lead Jeff Broadwater Vice President & Office Executive Pernille Buch-Pedersen Vice President & VP, Director - Emergency Management and Response MaryAnne Buvens Vice President & Project Manager Anthony Cabrera Vice President & Office Executive Genevieve Cahill Vice President & Business Developer Joseph Catalano Vice President & Office Executive Jessica Chambers Vice President & Director - Engineering Applications Joseph Danyo Vice President & Chief Engineer David Dawson Vice President & Director, Business Systems & Analytics Kristy DeChicchis Vice President & Director, Proposal Development Scott Delesdernier Vice President & Office Executive Alison Detar Vice President & Vice President - Marketing Jamie Dodd Vice President & Operations Manager - Business Development Patricia Dunaway Vice President & Office Executive Ralph Eberhardt Vice President & Office Executive Kurt Fritz Vice President & Office Executive Amanda Furr Vice President & Office Executive Joseph Gardiner Vice President & Director - Construction Services Steven Gravlin Vice President & Office Executive Dale Gray Vice President & Office Executive Lydia Grose Vice President & Office Executive Matthew Guard Vice President & VP Health and Safety Russell Hall Vice President & Office Executive Mary Jo Harriman Vice President & Office Executive John Harris Vice President & Technical Manager - Water Dean Hartman Vice President & National Market Lead - U.S. Air Force and Space Force Dwain Hathaway Vice President & Office Executive James Haughey Vice President & Director of Engineering San Diego Charles Hogeboom Vice President & Federal Program Manager William Hoose Vice President & Office Executive Leslie Hopper Vice President & Regional Practice Lead - Transportation Susan Howard Vice President & National Practice Lead - ICS/OT Cybersecurity Keith Jones Vice President & Divisional CFO James Katsafanas Vice President & National Connected and Automated Vehicle Technology Director Stephen Kiefer Vice President & Assistant General Counsel Mark Kistler Vice President & Regional Practice Lead - Aviation Kyle Kramer Vice President & Office Executive Kevin Kugler Vice President & Director - Planning Devendra Kumar Vice President & VP, Digital Transformation & Operations Jeffrey Kupko Vice President & National Advanced Mobility and Vehicle Electrification Director Edward La Guardia Vice President & National Director - Rail & Transit Denise Laferte Vice President & National Practice Lead - Water Patrick Leach Vice President & Practice Executive - Construction Services David Liebgold Vice President & Office Executive Michael Lincheck Vice President & Federal Program Manager Timothy Little Vice President & Operations Manager - Infrastructure John Maile Vice President & VP Talent Management Stephen McGaughey Vice President & Controller (Corporate) & Assistant Treasurer Paul McGuinness Vice President & New England Chief Engineer Todd McIntyre Vice President & Office Executive Saul Mellman Vice President & Director - Transportation John Mentz Vice President & Federal Operations Manager David Mercier Vice President & Practice Executive - Water Bradley Mielke Vice President & Business Developer - Structures Aaron Morris Vice President & National LIDAR and Pavement Practice Executive Lois Muller Vice President & Federal Program Manager John Nagle Vice President & Department Manager - Water Edward Newman III Vice President & Vice President Angela Nocera Vice President & National Market Lead - Army Brian Oliver Vice President & Project Manager - Land Development Kevin Owens Vice President & National Market Lead - DOE Lorna Parkins Vice President & Office Executive Snehalkumar Patel Vice President & Director of Engineering Brian Peiritsch Vice President & VP Corporate Communications Douglas Peterson Vice President & Office Executive Sarat Peyyeti Vice President & Program Director Edward Phillips Vice President & Regional Practice Lead - Federal Robert Pitchford Vice President & Office Executive Shawn Plichta Vice President & Regional Practice Lead - Design Build Jeffrey Polenske Vice President & Office Executive Stephen Pouliot Vice President & Office Executive Philip Quillin Vice President & Office Executive Rachael Richter Vice President & Practice Executive - Federal Planning Alfonso Riera Vice President & Regional Market Lead - Army Thomas Ritz Vice President & Regional Practice Lead - Bridge Jeffrey Roberts Vice President & Office Executive Joseph Romano Vice President & Regional Practice Lead - Bridge James Rose Vice President & Regional Practice Lead - Federal Jerome Ruddins II Vice President & Department Manager - Construction Management Brian Russell Vice President & Office Executive Joseph Salvadori Vice President & Practice Executive - Bridge Steven Savich Vice President & Practice Executive - Land Development and Infrastructure Curtis Schaffner Vice President & Assistant General Counsel Mohiuddin Shaik Vice President & Office Manager Jonathan Shimko Vice President & Practice Executive - Water Raymond Shrift Vice President & Director, Contracts and Procurement & Assistant Secretary Victor J Siaurusaitis Vice President & Business Developer - Transportation Maher Sidani Vice President & Chief Engineer Sonja Simpson Vice President & Office Executive Peter Sipes Vice President & Office Executive Leland Spicer Vice President & Divisional CFO Joshua Sprowls Vice President & Practice Executive - Federal Engineering Michael Stengel Vice President & Office Executive Aaron Stover Vice President & Regional Practice Lead - Bridge Christopher Tagert Vice President & Regional Practice Lead - Water Leigh Tewinkle Vice President & Vice President, PMO Timothy Thiele Vice President & Office Executive & Assistant Secretary Andrew Thomas Vice President & VP Design Build Delivery Helen Tison Vice President & Office Executive Don Treude Vice President & Business Developer John Tricini Vice President & Practice Executive - Transportation Lawrence Truman Vice President & Business Developer Lynn Truskie Vice President & Real Estate Acquisition Manager David Tudryn Vice President & Practice Executive - Infrastructure Architecture Philip Walker Vice President & Technical Director - Complex Bridges Scott Wardle Vice President & Director - Construction Services James Waters Vice President & Chief Infonnation Security Officer & Enterprise Architect Quintin Watkins Vice President & Office Executive Kirk Weaver Vice President & Director Project Delivery Excellence Karen White Vice President & National Broadband Practice Executive Christy Whittaker Vice President & VP Total Rewards Dawn Wilson Vice President & Office Executive Katherine Wrenshall Vice President & Assistant General Counsel James Yeager Vice President & Director - Transportation Steven Yoshizumi Vice President & Practice Executive - Transportation Johann Aakre Associate Vice President & Regional Operations Lead - Bridge Angela Adam Associate Vice President & Proposal Manager Ryan Adams Associate Vice President & Assistant Department Manager - Senior Project Manager -Structures Mariben Andersen Associate Vice President & Project Manager - Environmental Michael Anderson Associate Vice President & Senior Project Manager Alan Ashimine Associate Vice President & Department Manager - Environmental Douglas Barker Associate Vice President & Federal Program Manager John Bellas Associate Vice President & Technical Manager - Environmental Jessica Belowich Associate Vice President & Department Manager - Traffic Nicole Bennati Associate Vice President & Engineering Lead, SRS - Federal Structural Joseph Bennett Associate Vice President & Department Manager Wendy Berrill Associate Vice President & Director - Railway and Civil Design Kashfia Billah Associate Vice President & Assistant Department Manager - Senior Project Manager -Bridge Inspection Douglas Blank Associate Vice President & Department Manager - Transportation Joseph Blickenderfer Associate Vice President & Department Manager - Energy/Telecom Mark Bodily Associate Vice President & Project Manager Justin Bouscher Associate Vice President & Department Manager - Bridge Christina Brickner Associate Vice President & VP, Operations Transformation Robert Brzezon Associate Vice President & Department Manager - Highway Todd Buckner Associate Vice President & Department Manager - Roadway Michael Butters Associate Vice President & Department Manager - Transportation Ashley Buzzeo Associate Vice President & Director of Product Christopher Caputi Associate Vice President & Technical Manager - Environmental Compliance Paul Carson Associate Vice President & Technical Manager - Oil and Gas Sarah Cathcart Associate Vice President & Business Developer Yongxian Chen Associate Vice President & Assistant Department Manager - Senior Technical Manager -Structures Richard Chisolm Associate Vice President & Office Manager Derek Christianson Associate Vice President & Project Manager - Highway Fatma Ciloglu Associate Vice President & Department Manager - Geotechnical Benjamin Clopper Associate Vice President & Department Manager - Roadway Dayle Coburn Associate Vice President & Design Build - Senior Manager Kenneth Collins Associate Vice President & Director - Transportation Christopher Conrad Associate Vice President & Director Audrey A Corrado Associate Vice President & Department Manager - Bridge Miles Costanza Associate Vice President & Department Manager - Water Resources Maria Cruickshank Associate Vice President & Proposal Manager Christopher Cummings Associate Vice President & Department Manager - Bridge Jeremy Curtis Associate Vice President & Project Manager - Transportation Scott Davis Associate Vice President & Department Manager - Land Development Gracia de la Pena Associate Vice President & Department Manager - Pipelines Damien Delany Associate Vice President & Department Manager - Housing Kevin Doyle Associate Vice President & Department Manager - Water James Duguay Associate Vice President & Project Manager - Aviation Craig Duppstadt Associate Vice President & Director Federal Contracts Sarmad Farjo Associate Vice President & Department Manager - Transportation David Fekete Associate Vice President & CTS Program Manager John Craig Fennell Associate Vice President & Department Manager - Planning and Urban Design Kathryn Field Associate Vice President & CTS Program Manager Anthony Fitzpatrick Associate Vice President & Department Manager - Construction Services Mary Flynn Associate Vice President & Department Manager - Construction Services Aarion Franklin Associate Vice President & Department Manager - Planning James A Frazier Associate Vice President & Department Manager - Transportation Planning David Frey Associate Vice President & Director -"Transportation Christopher Friel Associate Vice President & Strategic Partnership Manager Sylvester Fryc Associate Vice President & Department Manager - Highway Laurence Gale Associate Vice President & Department Manager - Environmental Vahid Ganji Associate Vice President & Department Manager - Pavement Engineering Robin Godshall Associate Vice President & VA Statewide Water Manager Ruben Guerrero Associate Vice President & Office Executive Amilyn Haas Associate Vice President & Business Developer Robert Hans Associate Vice President & Office Executive Kyle Harper Associate Vice President & Department Manager - Transportation Diana Hartman Associate Vice President & Federal Program Manager Max Heckman Associate Vice President & Project Manager - Planning Gary Heisler Associate Vice President & Technical Director - Water/Wastewater Michael Hnat Associate Vice President & Senior Project Manager - Structures Elizabeth Hoekenga Associate Vice President & Director - Rail Bridges & Structures Michele Horak Associate Vice President & Business Developer Angela Howell Associate Vice President & Department Manager - Construction inspection Chadwick Huffines Associate Vice President & Office Executive Hamid Ikram Associate Vice President & Assistant Department Manager - Senior Project Manager -Structures Kevin James Associate Vice President & Director - Highway Carl V. Jeffreys Associate Vice President & Program Manager Cristin Johnson Associate Vice President & Engineering Lead, SRS - Federal Mechanical Don Joiner Associate Vice President & Senior Project Manager Philip Jufko Associate Vice President & Director - Aviation Planning Chadi Karam Associate Vice President & Department Manager - Civil Nagnath Kasbekar Associate Vice President & Department Manager - Structures Lindsay Kaufmann Associate Vice President & Department Manager - Transportation Nathan Kebede Associate Vice President & National Services Lead Fareeha Kibriya Associate Vice President & Department Manager - Planning Matthew Klyszeiko Associate Vice President & Department Manager - Planning William Kontess Associate Vice President & Project Manager William Kristoff Associate Vice President & Department Manager - Bridge & Tunnel Inspection Elizabeth Krousel Associate Vice President & Department Manager - Civil and Environmental Michael Kuchera Associate Vice President & Director of Architecture Steven Latino Associate Vice President & Department Manager - Transportation Jane Lehman Associate Vice President & Senior Counsel William Lindenbaum Associate Vice President & Office Executive Bradley Losey Associate Vice President & Department Manager - Surface Water Shayna Lotman Associate Vice President & Regional Director, Human Resources Marc Luiken Associate Vice President & Business Developer Ryan Lynch Associate Vice President & Regional Director, Human Resources Rebecca Lyne Associate Vice President & Director of Quality Assurance and Quality Control Christopher MacDougall Associate Vice President & Technical Manager - GiS Lance Mackie Associate Vice President & Department Manager - Electrical Gary Madey Associate Vice President & Department Manager - Construction Services Joseph Maiorana Associate Vice President & Department Manager - Construction Services Prasad Manthena Associate Vice President & Department Manager - Water Keely Matson Associate Vice President & Department Manager - Bridge Jeffrey May Associate Vice President & Office Executive Tammy McAllister Associate Vice President & Global Payroll Manager William McBride Jr Associate Vice President & Senior Project Manager - Highway Jeffrey McClure Associate Vice President & Director Project Delivery Excellence Chad Menge Associate Vice President & Aviation Market Lead Brad Miller Associate Vice President & Department Manager - Traffic/ITS James Miller Associate Vice President & Department Manager - Transportation Regan Miller Associate Vice President & Director of Business Development James Murphy Associate Vice President & Regional Practice Lead - Design Build Robert Murphy Associate Vice President & Director Business Development Robert Myers Associate Vice President & Business Developer Muthukumar Narayanaswamy Associate Vice President & Operations Manager Daniel Natale Associate Vice President & Department Manager - Water William Neider Associate Vice President & Department Manager- Land Development Mark J. Nellas Associate Vice President & Sr. Manager ERP Applications Russell Ozmer Associate Vice President & Regional Practice Lead - Transportation Pawel Paszczuk Associate Vice President & Project Manager Janine Pelekoudas Associate Vice President & Director, Proposal Development Aaron Pickering Associate Vice President & Project Manager - Construction Services Joseph Pirilla Associate Vice President & VP, Fin Planning & Analysis Kristen Podnar Associate Vice President & Department Manager - Water Matthew Ponce Associate Vice President & Department Manager - Aviation William Pope Associate Vice President & Department Manager - Land Development Thomas Porter Associate Vice President & Director - Toll Roads Hans Probst Associate Vice President & Portfolio Program Manager Jennifer Riddle Associate Vice President & Proposal Manager Scott Rodseth Associate Vice President & Department Manager - Construction Services Jacqueline Rooke Associate Vice President & Director - Project Management Stephen Ross Associate Vice President & Department Manager - Structures Amy Ross Associate Vice President & Proposal Manager Steven Ross Associate Vice President & Department Manager - Architecture Oscar Rucker Associate Vice President & Technical Manager - Right of Way Vartan Sahakian Associate Vice President & Department Manager - Bridge Nancy Santoro Associate Vice President & Proposal Manager Jeffrey Scheick Associate Vice President & Director - Transportation Jon Schelkoph Associate Vice President & Department Manager - Highway Brian Searle Associate Vice President & Technical Manager - CADD/Design Carlos Setterberg Associate Vice President & Department Manager - Architecture Bradley Shelton Associate Vice President & Department Manager - Transportation Planning Savanmaly Shovlin Associate Vice President & Department Manager - Construction Services Andrew Sidor Associate Vice President & Department Manager Steven Slocum Associate Vice President & Director of Survey - California Andrew Smart Associate Vice President & Business Developer Gregory Smay Associate Vice President & Director of Tax Paul Snead Associate Vice President & Office Manager Joseph Snyder Associate Vice President & Department Manager - Aviation Eric Spangler Associate Vice President & Department Manager - Transportation Kevin Spangler Associate Vice President & Engineering Lead, SRS - Fire Protection Christopher Stanford Associate Vice President & Project Manager - Transportation Robert Stark Associate Vice President & Department Manager - Environmental and Planning David Stephens Associate Vice President & Technical Consultant Matthew Stewart Associate Vice President & Federal Planning Operations Manager Josh Stone Associate Vice President & Department Manager - Civil Steven Swygert Associate Vice President & Department Manager - Water Kyle Thomas Associate Vice President & Department Manager - Aviation Daniel Thornhill Associate Vice President & Office Executive Scott Thornsberry Associate Vice President & Department Manager - Roadway Julie Thurman Associate Vice President & Director - Transportation Ryan Thurmes Associate Vice President & Department Manager - Federal Eddie Torres Associate Vice President & Technical Manager - Air Quality & Noise Todd Trautz Associate Vice President & Director - Technical Services Troy Truax Associate Vice President & Director - Planning Colleen Turner Associate Vice President & Planning Practice Lead Joanne Tyler Associate Vice President & Department Manager - Land Development Spencer Uminski Associate Vice President & Department Manager - Building Design (CSA) Jonathan Updike Associate Vice President & Senior Designer Marc Violett Associate Vice President & Department Manager - Traffic Lori Wade Associate Vice President & Department Manager - Water Martin Wade Associate Vice President & Department Manager - Planning Adam Walkowiak Associate Vice President & Director - Rail Construction Services Lance Wanamaker Associate Vice President & Department Manager - Aviation Albert Warot Associate Vice President & Technical Manager - Planning Nicole Whitehead Associate Vice President & Director, Learning & Development Kenneth Wing Associate Vice President & Department Manager - Transportation Michael Yaffe Associate Vice President & Department Manager - Community Planning and Urban Design Michael Yang Associate Vice President & Assistant Department Manager - Senior Technical Manager-Geotechnical Elio Zamora Associate Vice President & Business Development Manager - CTS Ryan Zellers Associate Vice President & Department Manager - Traffic Angela R. Logan Assistant Secretary Denise McNamara Assistant Secretary Terri A. Vojnovich Assistant Secretary [Exhibit A to Written Consent in Lieu of a Meeting of the Board of Directors of Michael Baker International, Inc.] AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND DAVID EVANS AND ASSOCIATES, INC. ON -CALL MAPPING AND SURVEY SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and David Evans and Associates, Inc., a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. In no event shall the Consultant be responsible for delays outside its reasonable control. 3. PERFORMANCE Consultant shall provide services consistent with the degree of care and skill ordinarily exercised by members of Consultant's profession currently practicing under similar circumstances and in the same locality. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner 06/19/2024 as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.htmi 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. 06/19/2024 b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement ("Prepared Materials") shall become the sole property of the City upon compensation in accordance with this Agreement to the consultant and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Any reuse or modification of the Prepared Materials without the prior written consent of the Consultant shall be at the sole risk of the City. 06/19/2024 10. INDEMNIFICATION a. Indemnity for Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8. b. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency." 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to 06/19/2024 it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per claim and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 06/19/2024 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits that do not meet the requirements in the Agreement, the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 06/19/2024 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to reasonably cooperate with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice (or) delivered electronically, receipt confirmed. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: David Evans and Associates, Inc. Attn: Joseph Wideman 41915 Remington Avenue, Suite 220 Temecula, CA 92590-2553 06/19/2024 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 06/19/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By DAVID EVANS AND ASSOCIATES, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: 4 '0. VF Duffy Haggarty, Vice Pr ident By: Maria Marzoeki, Vice President Peter M. Thorson, City Attorney CONSULTANT David Evans and Associates, Inc. Attn: Joseph Wideman 41951 Remington Avenue, Suite 220 Temecula, CA 92590-2553 (909) 912-7378 JWideman@deainc.com 06/19/2024 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this services include: • Research existing survey data such as maps, records of survey, monument ties, and benchmarks • Locate existing monuments • Perform boundary and control surveys • Prepare legal descriptions and plat maps for right-of-way acquisition • Prepare Records of Survey as needed • Perform aerial mapping and topographic surveys • Establish and verify horizontal and vertical control • Locate horizontally to 0.1+ feet all existing facilities • Perform field surveying for project design purposes • Perform map checking services for the Land Development division of the Public Works Department for various development plans throughout the City • Perform construction staking including center lines, limits of clearing and grubbing and construction, slopes, saw cuts, edge of pavement, layout lines, drainage structures, curb & gutters, etc. 10 06/19/2024 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $300,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 11 06/19/2024 9 DAVI❑ EVANS ANoASSOCIATES 1Nc. Schedule Gf Hourly Billing Rates Rates Effective through Fsbnzary 28, 2025*" Survey Manager $275.00 Sr. Project Manager $244.00 Proj ect Manager $230.00 Sr_ Project Surveyor $210.00 Project Surveyor $150.00 Survey Analyst/Sr. Survey Technician $130.00 Survey CARD 1 Survey Techncian $158.00 Survey Project Coordumtor $135.00 Admin/Clerical $115.00 Nate: Authorized overtime will be charged at 1. 5 times the above rate- 1-Person Suuvey Crew * $220.00 2-Person Suuvey Crew * $33&.00 Note: There is a 4-, f- and 8- hour minimum charge for field survey work. David Evans and Associates, Inc. is signatory to the International Union of Operating Engineers Local 12- Field surveyors are therefore paid prevaiding wage rates for all workper, farmed_ 1 _ Mileage to be invoiced using the current IRS approved rate- 2- 3D Laser Scanner equipment is not included in our overhead rate and will he invoiced at an additional separate daily rate. 3. Client shall pay the costs, plus 15%, for any applicable government fees, title company charges, subconsultant fees, outside vendor reproduction costs, in-house reproduction costs and delivery or messenger services incurred on the client s behalf. *gates sublect to annual increase estimated ut 3-5% escalation. www_deainc.com 12 06/19/2024 NWEIN ■IIi1f11L MI\R'IMIi. IMI:. Cu�mbb GAS yhuh�xcurr �nMu° Jceu Digital Mapping, Inc RATE SHEET (2024) Professional Rate Unit 1 Senior Project Manager S195.00 Hour 2 Certified Photogrammetrist $195.00 Hour 3 Professional Land Surveyor S195.00 Hour 4 QAfQC Manager S150.00 Hour 5 Photogrammetrist S150.00 Hour 6 Stereo Compiler S100.00 Hour 7 LiDAR Manager S115.00 Hour 8 LiDAR Technician S100.00 Hour 9 Qrthophoto Technician S100.00 Hour 10 CAD Technician S90.00 Hour 11 Pilot $130.00 Hour 12 Camera I JDAR operator S110.00 Hour Other Direct Costs Digital Aerial Photography 13 DP.1C-II-230 Aerial Photography (Mobilization) $1.350.00 Hour 14 DP.1C-II-230 Aerial Photography (Acquisition) $1.650.00 Hour 15 Airborne GPSIIMU Data (Mobilization) for DMC and LiDAR S950.00 Hour 16 1)1`.1C-II-230 Aerial Images 9"x9" Frame $90.00 each 17 Contact Prints from Digital Images (9'W" or 9' x7" ) $30.00 each LiDAR Data Collection 18 Optech ALTM Galaxy T1000 - Lida Sensor Mobilization $1.350.00 Hour 19 Qptech ALTM Galaxy T1000 - Lida Data Acquisition $1,750.00 Hour 13 06/19/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND VERDANTAS INC., ON -CALL GEOTECHNICAL & MATERIAL TESTING SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation '(hereinafter referred to as "City"), and Verdantas Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner 05/16/2024 as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http //www.dlr.ca.go . Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWarks.html 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. 05/16/2024 b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 05/16/2024 10. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or exponses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits nu less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 05/16/2024 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 0104 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and 05/16/2024 all subcontractors must agree in writing to be bound by the provisions of this section d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 05/16/2024 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Verdantas Inc. Attn: Simon Saiid 41715 Enterprise Circle N., Suite 103 Temecula, CA 92590-5661 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 05/16/2024 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITEO INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) 'VA�I Uj AW41 By: 41141! Kristen Williams, West Area Leader/Vice President By: Nikhila Srirangpatna, West Area Financial Leader/Vice President Peter M. Thorson, City Attorney CONSULTANT Verdantas Inc. Attn: Simon Saiid 41715 Enterprise Circle N., Suite 103 Temecula, CA 92590-5661 �951j 296-0530 ssaiid(&-verdantas.com s 05/16/2024 EXHIBIT A Tasks to be Performed The specific elements (scope of work) includes on -call geotechnical and materials testing services for Public Works projects. The general scope of service for each project will vary. Typical services that may be required on Public Works projects could include, but may not be limited to, some or all of the following services: • Subsurface Exploration, including but not limited to the following: o In -Place Moisture and Density Tests o Laboratory Maximum Density and Optimum Moisture Tests o Sieve Analysis o R-Value o Direct Shear Tests o Consolidation of Collapse Tests o PH, Resistivity, Soluble Sulfate, and Chloride Tests • Logs of the Exploratory Borings summarizing the subsurface conditions encountered, Results of Laboratory Testing, and a Plan indicating the Location of the Explorations • Seismicity • Geotechnical Evaluation and Recommendations, including but not limited to the following: o Grading o Earthwork o Settlement Considerations o Surface and Subsurface Drainage • Foundation, Column, and Slab Recommendations o Slope Stability o Soil Sulfate Content Implications o Utility Trench Backfill o Retaining Walls and recommended Lateral Earth Pressures used for Design o Pavement Design o Grading and Foundation Plan Review o Construction Monitoring o Pile Driving, if necessary o Lateral Earth Pressures • Discussion of the Existing Pavement or Site Conditions • Recommendations of Removal of Unsuitable Material • Soil Ferrous Corrosivity and Portland Cement Attack Potential • Environmental Concerns / Hazards 10 05/16/2024 Preparation of Phase I Environmental Reports of properties Review of available Geologic Maps and Reports for the Region Discussion of the Material Encountered in the Borings and Measured Engineering Properties Preparation of Field and Final Compaction Reports, as required. A Summary of Findings and Recommendations in the Report • Review of Project Plans and Specifications with emphases on' Geotechnical and Laboratory Materials Testing Services, and attend Progress Meetings, as required Observation and Field Testing Services during all phases of Site Grading, including but not limited to Removal of Unsuitable Soils, Approval of Areas to receive Fill ad Mass Fill Placement • Field Observation and Testing during Trench Backfilling Operations Field Density Testing during Subgrade and Base Compaction • Field Sampling and Testing of Base and Asphalt Concrete • All necessary Laboratory Tests to support Fielded Services, and to satisfy Caltrans and other regulatory agency requirements • Batch Plant Inspections Structure Backfill Observation and Testing • Concrete Sampling and Testing • Special Inspections • Consulting Services requiring Corrective and/or Remedial Recommendations, if necessary 11 05/16/2024 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 12 05/16/2024 r/// Leighton 2024 PPOFESSIONAL FEE SCHEDULE a verdantas company - Amended - LABOR RATES CLASSIFICATION S1HR CLASSIFICATION S/HR Technician I ....................---.-- ..100 Project Adnnistrator/Word ProcessorlDispatcher .. -- .- L- . .. _ .. -. 90 Technician II 1 Special Inspector .......... . ----- -- ------- --.--- .------.------.-_.- - 110 Information Specialist-- - - - ----- 130 Senior Technician/ Senior Special Inspector.:.- _ .. _ ...... 124 CAD Operator. 155 Prevailing Wage (field soils / materials tester)' .. .......................... _.......148 GIS Specialist - - ----- ---- - .-------------- . --._ . __-- - ----- -.-- --- .... ........... . 155 Prevailing Wage (Special Inspector) '.....................................................155 GIS Analyst ._...... Prevailing Wage (On site Source Inspector, NDT and soil remediation Staff Engineer I Geologist 1 Scientist .......... ---- ... .................... ........... 170 O&M)'._ . ......... .......................................... .............. ............ _.......... . . 180 Senior Staff Engineer I Geologist I Scientist l ASMR----------- ----- ........... 185 System Operation & Maintenance (O&M) Specialist ............................. ... .165 Operations 1 Laboratory Manager........................205 Non Destructive Testing (NDT)............................. . ........ ------------------ --175 Project Engineer I Geologist I Scientist------- _._ ............................. .........---215 Deputy Inspector ---......................... ................. ... .... ..------------------ ------- -.130 Senior Project Engineer / Geologist 1 Scientist I SMR.................................. 240 Feld 1 Laboratory Supervisor -- ... _-.--- --- --------- ..165 Associate .... 265 Source Inspector .-.-. -- . 155 Pnndpal - .-. -- ._ .... ............ ............... 296 City of Los Angeles Deputy Building (including Grading) Inspector -._ ... __175 Senior Principal ......... ,.._ ............................... 330 ' See Prevailing Wages in Terms and Conditions anIa, 150] GEOTECHNICAL LABORATORY TESTING WEST METHOD CLASSIFICATION & INDEX PROPERTIES Photograph of sample ..................................... 15 Moisture content (ASTM D2216) . 25 Moisture & density (ASTM D2937) Ong samples ----- --- - - ---------- ---------- ------ .37 Moisture & density (ASTM D2937) Shelby tube or cutting .5 Afterberg limits 3 points (ASTM 134318). - -- ---. -- - ------.---- - - _- .160 - Single point, non -plastic ...................... ..........----•------ -- - --- ---.90 - Atterberg limits (oRimicASTM D24071D4318) ----- ------ .------------------- -----195 - Visual classification as non -plastic (ASTM D2488).---------------------------- .. ....15 Partite size: ...... ................................................. - Sieve only 11A inch to #200 (AASHTOT271ASfM ClNASTM D6913tCTM 2Q2) 155 - Large sieve 6 inch to #200 (AASHfo T27/Asw C13eASTl1 omarcTm 2o2)...195 - Hydrometer only (ASTM 07928) ................. - Sieve + hydrometer 53 inch sieve, (ASTM D7928)._ .- ...._ ._.- - .. _200 - Percent passing #200 sieve, wash only (ASTM 01140)------------- ................75 Specific gravity and absorption of fine aggregate (AASHTO T84/ASTM C12131ASTM DffiQrTM 207)--- --- ------ ------- ---- -- -- ..140 Spedfic gravity and absorption of coarse aggregate (AASHTO T&SrASTM C1271CTM 206) --.. •------ - -- ----.---.-- Total porosity - on Shelby tube sample (calculated).............................180 Total porosity - on other sample (calculated) ................... __._,165 Shrinkage limits wax method (ASTM D4943) --------- ------------------------ - ---------- ----135 Pinhole dispersion AA8TM D4647)..............................................................225 Dispersive characteristics (double hydrometer ASTM D4221).._-------------------------- 215 As -received moisture & density (chunk/carved samples)__- ---- ._-------- ---.65 Sand Equivalent (AASHTO TINASTM D2419lCTM 217) -.... 115 SHEAR STRENGTH Pocket penetrometer._.........................._.._......_............._ __ --- -.- - - ---20 Direct shear (ASTM D3080, mad., 3 points): Consolidated undrained - 0.05 inchlmin (CU) _ ..... ..... ... .. .. 320 Consolidated drained - <0 05 inch/min (CD) -- -- - --- -- -- -- ------ -- -395 Residual shear EM 1110-2-1906-IXA (price per each additional pass after shear) - .55 Remolding or hand trimming of specimens (3 points)...............................95 Oriented or block hand trimming (per hour)... - --- - _-- - -------- --- - -_ ...70 Single point shear ..................................... ............ ....................,,..-115 Torsional shear (ASTM D64671 ASTM D7608)-------------------------------- ---_------------680 COMPACTION & PAVEMENT SUBGRADE TESTS Standard Proctor compaction, 4 points (AsTM Ds9e) SITEST - 4 inch diameter mold (Methods A & B)--_-•.._............ .....__,,.„.,.........170 - 6 inch diameter mold (Method C) .... W .....---..._.. .. ,„__...................230 Modified Proctor compaction 4 points (ASTM D1557): - 4 inch diameter mold Methods A & B...................................................... 235 - 6 inch diameter mold Method C.._.................................___....._._.........-266 Check point (per point) ........................................ ............—....70 Relative compaction of untreatedltreated soilslaggregates (CTM216).......... 270 Relative density 0.1 ft mold (ASTM D4253, D4254).._;.„......................._........250 Caliromia Bearing Ratio (ASTM D1883) 3 Point ......------------ ----------- ..-....... _- ...........................I-- ...... .. -535 - 1 point ------------------------------ - --------------- - ,. ....... I-.. ........... ......... .--200 R-Value unhealed sods/aggregates (AASHTO T1901ASTM D2644/CTM 301) ...335 R-Value lime or cement treated soils/aggregates (MSHTO T19G'ASTM D2M,KTM 301) 1.- .................. 366 SOIL CHEMISTRY & CORROSIVITY pH Method A (ASTM B4972 or CTM 643) -- - .. ..... ..... ...... ......... . 50 Electrical resistivity - single point- as received moisture .....................50 Minimum resistivity 3 moisture content points (ASTM G1871CTM 643) _. ..-95 pH + minimum resistivity (CTM 643) ...........................................................140 Sulfate content - gralnmelric (CTM 417 B Part 2).. ............................. .75 Sulfate content - by ion chromatograph (CTM 417 Part 2)...::........... ................. 85 Sulfate screen (Hach®} ..........35 Chloride content (A4SHT0 T2911CTM 422}..........-...................... _...................., 75 Chloride content - by ion chromatograph AAASHTO T291JUTM 422)...................85 Corrosion suite: minimum resistivity, sulfate, chloride, pH (CTM 643}....,„..... 285 Organic matter content (ASTM m74)---------- ............................. _..............._..70 CONSOLIDATION & EXPANSION/SWELL TESTS Consolidation (ASTM D2435) 210 Each additional time cme ----- - .. ......... ... ........... ............. ......50 Each additional loadlunload w/o time reading . ........ ..------------------ _ 45 Expansion Index (ASTM D4m)_ ............... .........L................. ..,.............. 140 Single bad swell/collapse - Method B(ASTMD154&8,seat,load&nudabortfi---- 115 Swell collapse Method A up to 10 Ioadf unloads w/o time curves AASTM045") --------- -....... ............. .......T...................................... 13 05/16/2024 %; Lei ghton METHOD S/TEST METHOD TRIAXIAL TESTS Unconfined compression strength of cohesive soil (with stres&*ain plo, ASTMD2166)��.._..._�..... .. _ ... _._145 Unconsolidated undrained thaxial compression test on cohesive soils (UU, ASTM 02850, USAGE q test, per cordning stress) ,-....._._ ........ -.-185 Consolidated undrained triaxial compression test for cohesive sails, (cu. ASTM D4167, USAGE Row oesil wdh back pressure saturation & pore water pressure measuremenl (per confnirhg stress).... .. 400 Consolidated drained triaxial compression test (CD, USAGE 6), with volume change measurement. Price per soil type below EM 1110-2-1906(X): Sand or silty sand soils (per confining stress) ..... ..... ... ------ -- -_- -400 Sift or clayey sand soils (per confining stress) .. . - - - - _ .535 Clay soils (per confining stress) ._ .... ....... .................... . .....355 Three -stage triaxial (sand or silty sand soils)....;._;._........................700 Three -stage triaxial (sift or clayey sand soils) .................... Three -stage triaxial (clay sails)-..... ............ ......................... .._--.....,.1,320 Remolding of test specimens ..... ......................... ,.---.-- ,----70 FEE SCHEDULE $/TEST HYDRAULIC CONDUCTIVITY TESTS Triaxial permeability in flexible -wall pemheameter with badcpressure saturation at one effective stress (EP491001ASTM D504, falling head Method C)... ..- . -.. --- - ------ ---- ----- 335 Each additional elfective stress--.-- 130 Hand Inmong of soil samples fof fhorex9rltal K.............:....... .............. 65 Remolding of test specimens .................... ........ ....._._- ---- --------------- - -----_ 70 Pemleab4dy of granular SONS (ASTM D2434)-----------------------------------------145 Soil suction (titer paper meshod, ASTM 05290)........_..._.._. ..............._._...._..._.430 SOIL -CEMENT Moisture -density curve for sod -cement mil. hares (ASTM D558) _------------------ - 260 Wet-&y durability of spill-owient mixtures (ASTM D559) - ----- _.._...._-_--- -1,290 Compressive strength of molded soil -cement cylinder (ASTM D1633)- _- - - -65 Soil -cement remolded specimen (for shear strength, consolidation, etc)'.. --------- 250 Compadim (ASTM D558 nta imm deraily) should also be pedomhed - not included in above pnce CONSTRUCTION MATERIALS LABORATORY TESTING METHOD WEST CONCRETE STRENGTH CHARACTERISTICS Concrete cylinders compression (ASTM C39) (6" x 12' and 4" x 8") 40 Compression, concrete or rnasonry cores (testing only) s6lnch (ASTM MI._ 45 Trimming concrete cores (per core) -- --- -----------. ».. _.......... 25 Flexural strength of concrete (simple bearn-3rd pt badrg, ASTM C7BlCTM 523),.., 90 Flexural strength ofconcrete (simple beam -center pt.baft.ASTMC2MTM523)..-90 Non shrink grout cubes (2 vxh,ASTM C1090107)..._..._.............._.............30 Drying shrinkage - four readings, up to 90 days, 3 bars (ASTM C157) 430 Length of concrete cores (CTM 531)-------------------------------------- -------- ..... 45 HOT MIX ASPHALT (HMA) Resistance of compacted HMA to moisture -induced damage (41SHT0 T283fCTM 371) -- ........................ - ..•• .............. 2.250 Hamburg Wheel, 4 briquettes (modified) (AASHTO T324)............. ..................965 superpave gyratory curnpaclion (AAsHTOT3121AsTM D6925)----.....:._--------- 375 Extraction by ignition oven, percent asphalt (AASHTO T30WASTM DM/CTM 362)--------- ------------------ ----- _ _.. --.................160 Ignition oven correchoMcorrelabon values (AASHTO T30WASTM D6307r.TM 9B2) 1,445 Extraction by centrifuge, percent asphalt (ASTM D2172) ----------------------- 160 Gradation of exWdded aggregate (AASHTOT301ASTM D5444PCTM 202) . 145 Stablkxneter, S-Value (ASTM D15WGTM 366)----------------------- --............ --- - - - 285 Bituminous mixture preparation (AASFffO R3KTM 304).........._................115 Moisture content of HMA (AASHTO T32WASTM 06037ICTM 370)....... ... ... 65 Bulk specific gravity of compacted HMA, molded specimen or cores, uncoated (AASHTO T1661ASTM D2726rCTM 308)------------------------------------------ .55 Bulk specific gravity of compacted HMA, molded specimen or cores, paraffin -coated (AASHTOT2751ASTM D118BlCTM 306)............... . . . 60 Maximum density - Hveem (CTM 30) ---------------------- -------- _ _. _.................... 215 Theoretical maximum density and specific gravity of HMA (AASHTO T2091 ASTM D204MTM309)--- ------------------------------------- _.......... ............. .,..__...140 Thickness or height of compacted bituminous paving mixture specimens (ASTM 03549) .------------- ............ -•- . . ................. ^ . .................... 45 Wet bade abrasion of slurry Seal (ASTM D3910).... ................. ...... .......... 160 Rubberized asphalt (add to above rates) ---------------------- ---- _........................ +25% BRICK Compression - cost for each, 5 required (ASTM C67)_....................w..,.,......55 Absorption - cost for each, 5 required (ASTM C67).... _..-........_....................... 55 14 METHOD SITEST AGGREGATE PROPERTIES Bulk density and voids in aggregates (AASHTO T191ASTM C291 CTM 212).._ Organic impurities in fine aggregate sand (AASHTO T211ASTM C4(YCTM 213)..., 65 LA Ralller-smaller coarse aggregate <1.5"0lSHT0T961ASTMC131rCTM211)...215 LA Ralllef-larger coarse aggregate 1-3" (AASHT0 T961ASTM C535rCTM 211).._270 Apparent specific gravity of fine aggregate (AAsHre T5VAsTW C126V CTM 2oB).._ 140 Specific gravity and absorption of coarse aggregate (ASTM C12RCTM gas) >N4retained.-_... ---- --------------------------- __......_:._---------------------- 110 Gay lumps, friable particles (AASHTO T1121ASTM C142)..-.-._-.---------------- ........ 190 Durability Index (AASHTO T21(1ASTM D3744ICTM 229)-------------------- _---- ---- _ _ 215 Moisture content of aggregates by oven drying CwHTO T255'ASTM c5%cTM 226)------ ------------------------- --------- „-._....._...,, 45 Uncompacted void content of fine aggregate (AASHTO T3WASTM C1252I CTM 234)------------------------------------------- ..........._..140 Percent of crushed particles (AASFITO T3351ASTM D582VCTM 205)........... .._..145 Flat & elongated particles in coarse aggregate (ASTM D4791ICTM 235).-...,-_230 Cleanness value of coarse aggregate (CTM 227)- --- - ..--_ .225 Soundness, magnesium (AASHTO T1041ASTM CBBfCTM 2141...........................240 5uundnejs, sudlum (AAWO TlwABTM CBt4CTM 214) ------- ---- ----- _- •---.---.-,695 MASONRY Mortar cylinders 2" x 4" (ASTM C780) -..--•-•-------------------------- ._.._.-- -------- 35 Grout prisms X x 6" (ASTM C1019).......... ----------------------------------------- .._--- .----...35 Masonry cores compression, s6" diameter - lesting only (ASTM C42).._.-...-45 Masonry core shear testing (Title 24)---------------- ............. ..---.----...----------- __.85 Veneer bond strength, cost for each - 5 required (ASTM 0492)........ ... .._.......60 CMU compression to size 8" x 8" x 16' - 3 required (ASTM C140)---- _-.--------- 60 CMU moisture content, absorption & unit weight - 6 required (ASTM C140).._-,55 CMU linear drying shrinkage (ASTM C426) ---------------------- ---- .... „...-_--..---190 CMU grouted prisms compression test Q' x 8' x 16' (ASTM C1314)------------- 215 CMU grouted prisms compression test> 8" x 8' x 16'(ASTM CI314).............270 BEARING PADSIPLATES AND JOINT SEAL Elastomeric bearing pads (Callrans SS 51-3) .----------------------------------- ------- --1,060 Elastomeric bearing pad with hardness and compression tests (Cakram SS 51-3) ............ ..... ---- -- ----•-----------------. .....................1,315 Type A Joint Seals (Caitrans SS 51-2).......------------------ .--------------------------- 1,735 Type B Joint Seals (Caltrans SS 51-2)........-..---------------------_----___ .......... _ 1,640 Bearing plates (A536)................. ..............--• . . ---•-••--•-• --...... 770 05/16/2024 %;Leighton METHOD WEST METHOD REINFORCING STEEL AND PRESTRESSING STRANDS Rebar tensile test, s up to Noll (ASTMA370).. .................. .. 70 Rebar tensile test, a No 14 & over (AsrmA37o)--- - -- -- --- __..215 Rebar bend test, up to No 11(ASTM A370) ....................._..._.._.. 70 Rebar bend test, >_ No 14 & over (ASTM A370)_ .. ........ ..........216 Resistance butt -welded hoopslbars, tensile lest, sup to No 10 (CTM 670)....70 Resistance butt -welded hoopsibars, tensile test, a No. 11 & over (CTM 670)._90 Mechanical rebar splice, tensile lest, s up to No_ 11 (CTM 670)----------------------- 70 Mechanical rebar splice, slip test, s up to No. 11 (CTM 670)-------------- - ------------ 45 Mechanical rebar splice, tensile test, a No_ 14 & over (CTM 670)___._...-.. -_215 Mechanical rebar splice, slip test, z No. 14 & over (CTM 670)........... ____ _.__.215 Headed rebar splice, tensile test, s up to No 11 (CTM 670)------------- ---------- --70 Headed rebar splice, tensile test, No 14 & over (CTM 670) --------------------- -215 Epoxy coated rebarldowel film thickness (coating) test (ASTMARRA934),.__.50 Epoxy coated rebarldowel continuity (Holiday) test (ASTM A7751A934)------------- 70 Epoxy coated rebar flexibility/bend lest, up to No_ 11 (ASTMA775IA934)---------- 50 Prestressing wire, tension(ASTMA416)..............................-.............._..___190 Sample preparation (cutting) ._............ ........................ FEESCHEDULE WEST STREET LIGHTSISIGNALS LED Luminaires I Signal Modules I Countdown Pedestrian Signal Face Modules (Caltram RSS 86) ---- ----------- --- --,_---------------------------- --1,390 SPRAY APPLIED FIREPROOFING Unit weight (denrAy, ASTM E605)..---.......... .--------------------- •.--.._._......._... _.........65 FASTENERS IBOLTS /RODS F3125 GR A307, A325 Brits, tensile test, :5 up to 1-114" diameter, plain (ASTMA370) ._ - ---------- - ---------------------- -••------ F3125 GRA307, A325 Bolts, tensile test, s up to 1-1/4" diameter, galvanized (ASTMA370) . ... _--------------------------------- ..----- ---------- - --- -80 A490 Bolts, tensile test, s up to 1-1/4' diameter, plain (AST11A370)._....--- ..70 A490 Bolts, tensile test, s up to 1-1/4' diameter, galvanized (ASTMA370). .80 A593 Bolts, tensile test, <_ up to 1-1/4' diameter, stainless steel (ASNA370) . 70 F1554 Botts, tensile test, s up to 1-114" diameter, plain (ASTM A370) - --- _- -110 F1554 Botts, (ensile test, s up to 1-114" diameter, galvanized (ASTM A370)...130 SAMPLE TRANSPORT Pick-up & delivery (weekdays, per trip, <50 mile radius from Leighton office) Al EQUIPMENT LIST ITEM $UNIT 1/4 inch Grab plates . ......... ............. :.............. .......- ------------- ------ ---------- 5 each 114 inch Turing (bonded) ............... ..... ....................................... ....... 0.60 foot 1/4 inch Tubing (single) . ...--•-•---•---.-.-om foot 318 inch Tubing, dear vinyl .......... _.---- _.0 60 fool 4-6as meter (RKI Eagle or similaryGEM 2000 140 day Air lbw meter and purge pump (200 cclmn)...... ......... 55 day Box of 24 soil drive -sample rings ... .............,.».....,._............_.._ 130 box Brass sample tubes .............. ... ........... ..._----------------------------- _......... 11 each Caution tape (1000-foot roll).. - .................................... -------- ------------ 22 each Combination tack or padlock ...................... ..... ... ........ . 15 each Compressed air tank and regulator .-----..- - . - _ -- ----- - 55 day Concrete coring machine (564ch-dia) -- - .. - ----- .._- _- 160 day Consumables (gloves, rope, soap, tape, etc.) ............. .. ....... __. 40 day Core sample boxes.._ ................_.......... --. - --- - - --- - -- -- . --------- 30 each Crack monitor Two -Dimensional.... .. - --- - -- - - ---. ----------------- 30 each Crack monitor Thee -Dimensional ..... - . . .. .--- ..---------------------- 40 each Cutoff saws, reciprocating, electric (Sawzall®)..... .............. _............ . 80 day D-Meter Walking Floor Profiler ........... .. ... ------ .... ..„_------------------ 110 day Disposable balers ................................ ....... ............___ . 25 each Disposable bladders--- ---.-•----•-•------ ----- -- -- --- -- -.--------- ----20 each Dissolved oxygen meter .............. •.................-------------------------50 day DOT 55-gallon containment drum with 6d ........-_.._ _......_ . B5 drum Double -ring infittrometer............ ............. - - --...._...-------------------. ___ 135 day Dual -stage interface probe- ....... ....... --- - ----•---••--•------------------•--85 day Dynamic Cone Penetrometer ...- . . . . ... ........ ..... -_-- ---- 430 day Generator, portable gasoline fueled, 3.500 watts ---------- .41------------- _.._.90 day Global Positioning SystemlLaser Range Finder .. --------- ------- ----- -------- 80 day Hand auger set ..._....................................- - ------------------------------90 day HDPE safety fence (sl 00 feet) ............................. ................... .__40 roll Horiba U-51 water quality meter._ .......................... . - --- --- ----------135 day Light tower (towable vertical mast) ............................... 150 day au Ma nehelic e...........................-............... 9 9 9...... 15 day Manometer --- ----------- .. ......• • .......-- ----25 day Mileage (will adjust with IRS published rate). --r- 0.67 mile 15 ITEM $ UNIT Moisture lest kit (excludes labor to perform test, ASTM E1907) ...... .65 test Nuclear moisture and density gauge ...«,-----------------_ ------- .-.... .... 88 day Electrical moisture and density gauge - --- --------------------- ... -- . 88 Day Pachometer..................................... _......_.._..._...—._... ..50 day Particulate Monitor. .................•-----.-...». _.._._........................135 day pH/Conductivitylfemperature meter....„.„.„»..„.-.. .......... .................60 day Photo -Ionization Detector(PID)....................---------.--.-------------_....-.130 day Pump, Typhoon 2 or 4 stage . ------------------ -------------- - ------------ - -.-- --- 55 day QED bladder pump w1QED control box .. _- 175 day Quire fee - Phase I only .............................. ...................... 250 each Resistivity field meter and pins.. .--.--- .. _._ ._- __.--- --- --- _.. 200 day Slip I threaded cap, 2-inch or 4-inch diameter, PVC Schedule 40... 20 each Slope inclinometer----------------------------__---_--------------------••-•-------250 day Soil sampling T-handle (Encore) ............__ ..............._._..,»,....._....... 10 day Soil sampling tripod ........................................ ....................... .... ..... 40 day Speedy (R) moisture tester-... .................. . ............ . ........ ..... ........... 10 day Stainless steel baker 60 day Submersible pump with controller - - - ----------------------•--- -------- - - ------- 180 day Submersible pump/transferpump, 10-25gpm.._..._.------------- .----------- 65 day Support service truck usage (well installation, etc) ............... _..._._----260 day Surveyffence stakes........ .... .... - ----- ------- --------_.-_-------------------.10 each Tedlar@ bags .................... . . .. . . - -- --- --• • - ---------------- .. 25 each Traffic cones (s25)Ibarrloades (single lane) -----.---------------------•----......55 day Turbidity meter ................. ..... . ....... . ...-- -- -- - -- ----- --- 80 day Tyvek® suit (each).- ---- --- - -- --- - ----- 25 each Vapor sampling box .................. ........._.....----•-----------------........ .... 65 day Vehicle usage (carrying equipment) ...................................... 15 hour VelociCalc........ .... .. .-.40 day Visqueen (20 x 100 feet) ...........- ............ .........W._......... 130 roll Water level indicator (electronic well sounder) <300 feet deep well 100 day ZIPLEVELO....... »....»..._......................... .... ................ ._...._.40 day Ogler specialized geotechnical and environmental testing and monitoring equipment are available, and priced per site 05/16/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND TWINING, INC. ON -CALL GEOTECHNICAL & MATERIAL TESTING SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Twining, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 05/16/2024 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at htt ://www.dir.ca, ov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any 05/16/2024 and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 05/16/2024 b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or 05/16/2024 better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks o_rCircumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project 05/16/2024 or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Twining, Inc. Attn: Melissa Misale 111 Main Street, Unit A Riverside, CA 92501 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern 05/16/2024 the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Linas Vitkus, President & COO ident, Geotechnical Engineering By: Peter M. Thorson, City Attorney CONSULTANT Twining, Inc. Attn: Melissa Misale 111 Main Street, Unit A Riverside, CA 92501 (949) 230-5703 mmisale@twininginc.com 9 05/16/2024 EXHIBIT A Tasks to be Performed The specific elements (scope of work) includes on -call geotechnical and materials testing services for Public Works projects. The general scope of service for each project will vary. Typical services that may be required on Public Works projects could include, but may not be limited to, some or all of the following services: • Subsurface Exploration, including but not limited to the following: o In -Place Moisture and Density Tests o Laboratory Maximum Density and Optimum Moisture Tests o Sieve Analysis o R-Value o Direct Shear Tests o Consolidation of Collapse Tests o PH, Resistivity, Soluble Sulfate, and Chloride Tests Logs of the Exploratory Borings summarizing the subsurface conditions encountered, Results of Laboratory Testing, and a Plan indicating the Location of the Explorations Seismicity • Geotechnical Evaluation and Recommendations, including but not limited to the following: o Grading o Earthwork o Settlement Considerations o Surface and Subsurface Drainage o Foundation, Column, and Slab Recommendations o Slope Stability o Soil Sulfate Content Implications o Utility Trench Backfill o Retaining Walls and recommended Lateral Earth Pressures used for Design o Pavement Design o Grading and Foundation Plan Review o Construction Monitoring o Pile Driving, if necessary o Lateral Earth Pressures • Discussion of the Existing Pavement or Site Conditions Recommendations of Removal of Unsuitable Material • Soil Ferrous Corrosivity and Portland Cement Attack Potential • Environmental Concerns / Hazards 10 05/16/2024 • Preparation of Phase I Environmental Reports of properties • Review of available Geologic Maps and Reports for the Region • Discussion of the Material Encountered in the Borings and Measured Engineering Properties • Preparation of Field and Final Compaction Reports, as required. A Summary of Findings and Recommendations in the Report • Review of Project Plans and Specifications with emphases on Geotechnical and Laboratory Materials Testing Services, and attend Progress Meetings, as required • Observation and Field Testing Services during all phases of Site Grading, including but not limited to Removal of Unsuitable Soils, Approval of Areas to receive Fill ad Mass Fill Placement • Field Observation and Testing during Trench Backfilling Operations • Field Density Testing during Subgrade and Base Compaction • Field Sampling and Testing of Base and Asphalt Concrete • All necessary Laboratory Tests to support Fielded Services, and to satisfy Caltrans and other regulatory agency requirements • Batch Plant Inspections • Structure Backfill Observation and Testing • Concrete Sampling and Testing • Special Inspections • Consulting Services requiring Corrective and/or Remedial Recommendations, if necessary 11 05/16/2024 1 */:1:1 Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 12 05/16/2024 'OTWINING Schedule of Fees 2024 NOTE Rates ni beaiso.44 rrcary euarrJdy gat m rolled irvcaQdaoaft Prsonriel Rates: Per Nair Unless OBrrwise Rated Task r s I E c'or to 1 AnisisrR7CkrwiWrrl S I= RltxipAlEnggnan'Gedog'st S 2B5.00 IMI? MetalLegiml Egnear 1 37000 7MM Re9slred Gededmid Bilirser S 2&SOD 10010 Technical Advisor $ 245"00 too11 Matww&wrbst.WtwOwDTCaradrrs $ 260"a0 70003 R*wO xdGtdogvKutlfe ErVn ngG"kSrU S 2MOO 1 t1003 senor ryq�recii3edopg S 235.00 1No R4gstwedtarFE Qpw S 22500 BOORI RO*gwaeerpedngCmsANl S 25000 10011 Rvitaft'reerAtwaple S 220.00 717000 C"4yC,amdMN%3, r S 220.00 Senn stag tvgrrar.43aua@r S 2MM :OM MU Stag EagrgwM*Oog%t S I05"m 10015 01"Cordrd Ain Wneor S 195.00 t82r Mem!napiedTedraeari S Iwo M01 CADDLIpraWMrafsperscn S 15M 961R3 Admida2be-Rgpwt 5 98.00 70101 Fold siprusor S 185D0 9heo sa"S'pu%ilsor 1 185M ZIN LabwAxy M7y49K S 170100 SB000 LaberkryTednidan S 145M f0005 Expel WiliriessTekio," 1 8OOd1O 9t010 QmMadSWPPPDeseloper S 2055D0 1OM (Lathed SWPPP Praptifiom 3 195M 3➢D01 VibradmEngorrer E 225.00 Task C e Fc1d Inst crfo ceeannet Rxt. i i GoraelcTr Swillwspe= S f 24 10103 PresiressediPostTerworiedhLiPecior S 134-OD 10105 Canrek ICC Irape w $ 134.0D 10109 Drikaad4n-k twftOeekr $ 134"DO 10111 GaiddSboNrebeirspecicr S 134.00 10193 Masavy Inspector S 134-00 IMM SYuctral-%dAwdig k"eckr $ 134.00 10203 AWS Crtified Wd&l kupKw S 134A0 ID2177 Frrepvm�% kepeclor 3 134"OD 10501 lead Inspector S 137.00 101115 Frestop Speval lrripec4or-IFC Renner $ IMOO 10117 Fxel&*SpmW Inspector-IQP E 200"00 70109 LA MMCraft kApaor S 145"00 75001 AspFWt Field ark Plaid ksptdx TechnKm S 134A0 70103 Pile D6" Impedes $ 134.00 70101 Soils Tetlrdelan S 13COD 10107 Crxete Oaft Caad[ACM.almas Tedwwm) S 134"OD 10122 Wood Fromm Impeolar $ 134M 60001 Raft4WAUWD*V lrWidc, $ 14&00 IIMI Public Warts bspeclor S 150M 10515 Mediark lksptcw } 100.00 ID519 Becria Imperdor 1 1&00 ID521 PArrLBg nspedrr S 100DO I0513 Brdldeg kspeda E 1110.00 3DO02 Vibralon Monbrirp Tenincran S MUD 50OD3 Feld Engirerig Tedmltdsn S 134.00 Task IONI 56pdcril Sheet Fjb rx n kspexa 5 134.011 .MM Balder Plaid CkWdy Comol T4KrAcJ O%peM S 134"00 10375 Glue-Larirsiled Fabricatim kapK# Quolatim IMM Pre -Cast Uncrela Pipe FaiLriirafim kspeclor $ 13400 Task cede Nond rslruclive Tgspnd PersonrMl ID401 NDE Masonic TvA rq Tedmician S 140.00 1D403 NDE Magneso Particle TestirgTedrrician S 140"OD 10405 NDE Dye Pe nekad T" Tedmiciar b M-OD 10305 Cambksatian NOE Teel i aMVd4ng kngpi r 5 14000 104M Ri6cgraFhk: Tewg(Crew Of 2) b 38000 1002D NDE&V nw b 245"OD Task _C6dr CnulinnrnEUudr many vnsra o�erwus iW _ Rat? 933!€ hrknaa 000 98309 Torque wrench. Small 1 200 =12 Torque Wrerxh, Large 1 3000 13 Task Equipment Us age lDdly llnba Otlerwose Nolva Code Continued Rate 95315 .— .Iplw S 4500 9=1 Air Miler S 3500 UdtW&l;KBwJM S 26DO 95323 Feld Ccraele Scale S 35 DO 0324 7x2'xTMold S 2400 95343 MxlearCw"(Per HoO $ 12.00 C6319 saw Cane Drmty rest Egxpm" S 6700 963:3 Pod Test Eglp enk S 7000 OM48 CnrrurlMAsp,*ODN CE**msrd S moo 05M 5 GOOD 95330 SdvrddLHwou S 45.DD 95341 VaW Emieion Test lb 1 55 D0 OM Relative Fim d* Probe S &F.DO 95339 U'd(Ulrasmio RiseVmwy) Ms4r S 40000 QMI Snpodry AdRslardiesim(Per Test) S 4000 OM A Scat Ullrawic Bquipswt And Cam mables S 0500 1k530J Mngnecc Pw- d* Egigmerd Ard CA'WR ANM S moo 95906 Lmpd Pure Casumalks S 4500 9530'7 PhaedArm Llbuonfo EgttipmerS(PerHor) S IMOD 1i5347 Grc"PtrtwrY'ry fader b 38000 95345 bnW Edm 3 385M 9M llhasaYe To ivai,liry S 50000 R5349 nertial Fldar(Per Fba) Ouawoo 9M 8"5*ve S 30000 95.T56 klPared Camera S 10000 9ecr QM Prcj De6oatd Veldde S 1.80 M 05384 Roller Compacted Cargde Mbrdq HmffeeTw.,pi rig Plate S 80.00 OW Ha81:a Pdmeal Eq. pnlera Set S moo 953118 Concrete Berbki ResWwkyMeW S 18000 953W Feld H'ruiWs(Sted) $ 11000 QWM CD&rS7hiokriess Dauge S fIODD 95M Curing Box (Not Tempera6m CmtrAed, Orle•TnneFeW $ 75000 PerBox) 95371 Terrpw;cs,* Cantrd LLrin98ox(Per Mier) S 500.DD QM72 Tarpeann k414.V Arkg Box(Pr Mxor 3 57000 Task CQdX _ 20100 ::XM VX, Piok43v S elate 50.03 2DI02 Sbndard" : CoraM C*Nhn[Each) 8 3200 20101 Rardard Swfit. MWUMMA Genes And CORM S 3200 Fesprodq" Retsar. And EpaxyPrhms(Each) 20103 9wiLre Sample. Mm" Prisms And thdcrehr Pames (Eaor) S 85 DO 211104 OnardseSxrµc:FkxurmB ,sl Mxhl 20107 Tedxrear For 4ecren Pk*-W Nbt limed Abv $ 14500 (Peril— 2-HarU--) 201CO Tedritlan ForSpo=" Pick -Up Belpre &M am $ 20000 Of ANt'&OO p m. koriouy 7ru Friday, R All Day sahrday (Pr Hour. 2+isr Mhtirum Plus M cape) Task c r cbsiu Tr I . s WN4 lXXraw t JebsrkE Trailer. Carax. Or Egciprrrn Snerape Box QroWon Task S�x1z• Concrete Tests Mirld Mmlr Snecinwrisl 2=1 6'x 12' Cylnder Corrprassim c (ASSTM C30) S e5.00 20202 CxO'CpduCcffpvLsenStrergdn(ASTMC39) S 4000 2D2D3 Oensily a SwuDluml LVavN9M Cmorste Eglbbnetn $ 10000 Wen Dry MaCod(A.STbs C567) ?0205 Caa Carprrss'vr Indtdrg Trlrrm"erg (ASUM Ol7) $ 90 DO 202D7 6' x C x 10' Flexing Beams Not E+eae(feg Rdrenced $ 125.DO Stm [ASTM C78. C293 or CTM 523) M200 SptdhgTesde:*eron VSTM C490) S 12500 20211 MD"Ys CF ErmtkityTest(ASTM C409) b 32500 80003 Reid Cfdatde Permeability Test CyFndus Or Cores S 5M 00 [A3iM C1202) WO Density.A4sarytien, And voids In Hardened Crxaae S 5M 00 (ASTM C642) 41005 Flenral Toup'rsss VZW C16D9. Fwrrw yASW 010181 S OW DO 40000 Dab1e Rnoh WuVb Of FbrResdareed ConcrEte 1 60000 40009 Caelfidrt Of Thermal Expansim Of Cmaete 3 MOO (CRD 39. Ak%ffO T335) 40112 && Bedrical ReslsWiy(One Age Of Testing, AS1M C1876) $ MOOD 80013 Flexural Tertde Strergm Of Madllic Fiber ROftced Caxaete S 00000 Bean (EN 14861) 05/16/2024 '*TWINING Talk COdf COnorele SulEimen Psrylfai9h Rale 20151 Oai" orBpedr Ml tEa1n) i 5a.9a 201-7 Carinp r1r Li'e[ mina In i..aD (E7C6] S SO-00 2M9 OruAlij Of Cer'vtte Bow two ffr Mm pn (each) ; a0.00 201e0 GMX" Of C*Mttk 60t0 pa! CtfMQT Mir Abovo[EaF1J i 1IQ= Task LaLflmsory Trial$ajQtV C on Cre tr. C eDIrR 3D21S Camplesfairt T4al 4' x 6' CyanOfry Made And T*rM n 1 541,0) Laeailory (A-.nA C 10, C364 3B21r Compmwear. Teel v x tr c ymmYL Made Am lrHim In 3 60.0 La119 MY µSTM c 192, C;% 302M W a 6' a IV FIMON OUMS Made AMC I'MM oe Lrb"My S 140.1311 MTU Cl a, C781 39225 5pbaa-q TM" sdenp Cy.1oa4 Lxm AN 711n6m i 740.00 Laldransy (A:rIM C 10. CA") 3D73S MOA/'rs cl fm!zlly Ted CTB fF Made AM Te4Wm 5 U12.00 LabYrawy µSTM C 192, C4691 30M DwAlly Of Stu:W Ugmwefgit Concrete Made In S Mind L"WIZI try, EgWllbMn Of OVen My Meftd [ASTM CM7) 32237 But Electrical ReasdVRy(ASTM C1676) S 175.00 3mol Laboratory Trial BatM (ASTM C792eLab PmcMlrs Perfom ance) s S50.m 3=3 ConUrle Mllddre Des" For Pre=WKMM EV31UM n And s 320.00 Saclup Data DevellpmMt 30205 D'"Sf- Lagl Up To 25 D3}%, Ilk" 3'%Y Of 4' k 4'Sark S 520.M I' Ve Rraargs Up 7071! Oly Wye µBTU C157] 30230 Awl" A red:ig, per£e'I Or Three Buy 5 MOO. 3=31 ^%Wnt OrenM M(90}DWA Per W Of S WAS 7xree Gals- per u0nift 3UW SM" TMO VP To 7 tlpWS{A57M"031 i 200.00 30M aFMV g fABTY C2121 5 IN'M 30M Car'" Ra4YaFdd Expanijc i µMon CaM) 570000 30211 Va. klueacd Tam Mortar mGreet Spee4nem fp( Caapiesl.VE S BOOM Z""Irk Set cr 6 WTM C57s) 20M Zo'lrir4 Grata weighl Change Ater Fen Sa(A,`TM C 90M 6 600.00 2M65 VkY Dw' I OrpaX Hegel CMVV Al C"Age (A0TM t627) S 850. DD 3D732 CrackN e4eNs�nce, Bill Cr Three mrlgf, Laddr"Trill S 6.2a0.OD S21211%. Teel Ulb Cr4enlg Of Up To 26 Dip (ASTY 1SO1) 3(17a3 E,s(kiwon Of Pttp>C*a PLUE" MortartOSTM C2701 s 1,300.D3 b0*U Creep(ASTM C512)(OneAge 01 LOWAIlL 12 Mar" i a,500.02 C.aabm Of Te"v) e01S6 LAWCZ y Dwevpmw or Otlengs>•A Mmg Cwve WULMN ; 3t00ID fabbr!MNg Oahad vf, rWa'are (UO To 5 TH51!?Agra. M^7Y C1 C74} eaIVJ Ln"awry orvROPf4Mi Of SO" 2✓•41 Mimi) Cum rYPM S 5'a0.o7 EVIAMtMPlg Datum TvTWalxe NP to 5 TeL3ng Age1. A-STU C s04) Task EqIZ Wattr for C o rwere elan Eralulbon Qi MDIIT,g wm For CMuHe PM The Reqummun S 1, M00 of AMM Olux The 1 (Pnystyr prophim Of Mmaf), PM Sample 63245 EVMAUn Of LPxeg Waw For Co MI* PH Tr* Ail"Mmm i 1,2o0,DD Of usani. Selam % Per Daenpee Task Concrrle- C ho micAl A nalys is. Tran wort P r011er110 s. C'd S lv ]in eke fa h o Rat(• 6a133 A0O 73wwor6 ChW44, Awprs µSTY C1112) i 12$-iY vdLgea Sample Prep) 00125 %VXK 5aUtV* CnV M4 AWIF(ASTM C1216) 6 150.00 (Inp'y0e4 sample Prep} 00193 Cnend40frul n coff"'%t Or Cem4nt50us Milaitea By s 2,600.00 Sus DMIW µSTY C1656) 69159 SICK Reuel' q µW161 C$676) And formallm FJON S MOO 802114 CNwe1r 8116i q IfoBlMrn i Mc 00 amm Amlytex And E+wMrFta[AM C I sm) MPOumg or swlas $ 6,00000 Lre Of Cw Mle PM Lft-M MOdu, Fee Mllyfk DOW aDM "tail And Erpwwafu lNMdresq"DHry Cf SKY" 3 B,D00 OD L7! Ot CRnwre PM FBl MadeI 4C00e 34, Per AOxtwo De4egn a02T0 Rori-Steady State Chloride Al gradon CcerniwoL RgrdTnl492 5 625. SO 6fi212 Pattograpvc Mu mnaoon of Maidehed Concrete, Level t i 1,750.DD (A$TM Ca56)(Cxclude5 TM $1 ;Mn). PM Sample 60129 DeYeg "t ExamIl Jdfl Of kXden80 Core M. Lev41 n ; 2,25OM OSTU "M)1n AMj Trrn Sec On. Per Sa,mp:e 80219 PerograpNc RYAMI JMI Of k3ldrnfa CO!nMr. Level 19 S 3,500 W µSru Caw (TIVA D*" PM 5EMfEDx). per Sample 60222 WALU Dowmina5m IMOmTrcl OVM M I) ; 1,250.011 awA F]alDncM Of Yo4fnewc P:9pDaw; Or Marditn" CaxrMs s 500.00 µSTY 4:451r , Per dimple 60226 Aid Von ATalylll Or tludenrd Coeae'i(ASTM e457), s BOOM Fw5lmpde a0232 l RU01 MK(oycopy (ASTM C7723} s 750 00 aMU PMMk CarbmaW Ana"s. Par S2mpie s 250.00 amm In4e M* FL"-4 f Anayv4 (ALUM C1324) Quatadm 80240 A1LYF^.leoa- Dam age Rung lndex(DR)). per Sample s 1,250.0111 14 Task Cddr Oygfifi�y3jpn9i Crmenls Rate_ 60]00 C7et+Y0al M.afyfii Of plx7na C4mentpMSyn4ard ; 7_0= "UJT rrevc (ASTM C1S0) 110103 P7y11GN Te44'1 Of POmi1d Cement Pr[ (tandard S 750 OD Re�yeMe4ls IABtM C5511) e0194 Frioc l Tsang or rot k Cerae %U f ar exwosOm S 7`s7.00 (ASTM C6o6) 60195 Plryuca Tei7Ag AM ChMID F Alatylla OfPwr&4 CAM rM s 1,40oon PM Sb wa Regvm "µSTU CISO) 60A5 P1rtlar M3r}Srl or Cpetec Ppy AW Tajo QVPtx" 50110 SufatrK RM"t"M IX NfWNBC COM"I{AMN C1D121. S 3MO.O0 6OMM 50M 711111k AMILU 2Pe Or tlydraift Cemen("TM C 10121• S 3,)00.00 I fAprKr4 60149 Type IL UAxnt(ASTM C596, M104es SpMil PrOpMesr S 1,4C^_ 0D a0151 C41RW Mnclmscopy, Per Sample $ asull Task Phys ical TestinD Of Chem ica l Ad mixtures For 60195 DIU MC>Dm OlAdMM M (ASTM C494) Quotation Task }--,+.idI1471 Q)PCS3PIFns Aad Slaa Csmnnt Rate a014g Cmeraml Anal"M of Fly AM Per Standard Regleremerds ; 750.00 (ASTM Ca15) 110143 "Cal Tel" Or Fly Ayh Per Standard ReclOwnenh 5 75DAD (AM C61 a] Bola PadalAna"Is OrSpMMe Pir"Iml Tale Quotation 6017 Chemical Magus MO PIgWA Testing Of Fly Ash Per i 1.40000 Saandard Re"livn eale (ASTM C161a) 60250 O,ralnoaaV Of 34ca Feme Per Sianow R6QUMm44 t 1,4D6➢0 µ M 01240] aO252 Qualdcalm or Bug Cemem per Swlaard Requirements i 1,4110M µ m cim) 60254 Effectiveness Of Pcamlarw A. 5" Cement in L1ldgatilg } 1,4DD.00 Fepanclwl Die To ASR (ASTM C441) T a%L nine ii firin And Ten ti ftg Serrlc s 50269 Tr f Cw2a: Plafl M!tn A C"hig PlPu) PerA Um" i 5,0Cd 03 Tyre 01 p4mme"am 9hn041 D, Wp Or PUcemenh, Ewfl pill a02SE Tt41T31 Coned Pun EWIM Coa 19 Plp"L PM A k)rggW i 4,60B a7 TTi+ Or p4wMMl Or Blmear 0 P' Cg pwvlintk M4 Wit 00366 peelamanc45a140 Ux wr TamPwAurt Dlteetnu S S, ow LK-MlOq S A.Utyll 3 ShMI, One CMcwde MYA OeNgn Tank A oc k And C o ncrote An drepates-P4lroprafthio a d au n 4 SRI ciad USAC E S 40262 A=T}ye O#wAptaq Per Ramp*(AWL Con or AM ; 85D 07 Chins} aD253 RDCI Type 006WIlhm r XRD lnOMng Clay Mayce, 5 1.4511.0 Per sampee sd256 NaLdal Agglegatea- Peuvgraphk PsmMallan(a ravel And S 2,760M N211M Sind COI10511119 Or"re RMi Tyye AST M C295) Each, Ore Sample 110269 C"hedAggregales- Petrographic Examna9on(Cm iced ; 2,25000 ROCk And Man itacheed Sand CorMtelmg of Single Rout Type ASTM C295), Each, One Sample 8QVD Coale Aggregae Cedmcallon For Deetenow Maulam Per i 5,9DOOo Speollkarms Of USACE, Maaenas COMM Than 0.75-Inch Each, One Sample, 2001n. 150272 COMM Aggregate CoWleatonFor DeeenwaMAtda%Per s 5,500n0 SpedRCaams Of USACE, 0.75-Inds And Flner MalerrA Eam, One Sample, 2510. 80274 Fine Aggregate Certmrcallon For Deetemwx Materials Per S 2,00D.00 Speemeidons Of USACE, Enh, One Sample 80276 Aggregate, Scratch Hardness (CRD-C 130). Each, One Sample, i ADO 00 25lb. Task Cod�oils A M Aga re Ir Te sts R1 30503 Alraknm- LA Rader (ASTM C 131) s 200.00 30505 Abrasion: LA Raider [ASTM C535) $ Noma 70301 AaMUerg IamWPlasddly rldat (ASTM D4310, CTM 204) 5 15000 70303 Caamna B"Mg RaBo Eadudng Maslmum Den9ty S BBO.00 [ASTM D IM) SOB 70304 Ca4ernla dfalrig Rind EepuO n9 sternum DenAiry S 650.00 µ57M 01653) CemMt•TrN [to $D.1 703" CCnMbhear40 BNJB.ale a01 Desa]n' M ildn TMeeTMI ; 3,50000 CtTmd Coerenl4 Wan 3nrae UMMIliud Compm we 011VIB 1 SpOCIM ml PH Cen=Mll Ccnbkx 70305 C?,W" Are Wine CWUM(CTM A 17. CTM 422) T 175_00 30403 ply LWaps AN FAMW PW4"(ASTM C 142) S 200.00 30321 Cleanness Vaka I- a H (CTM 22r) S 17500 30322 Crearra5 VWM 1.Y a.767tCTM 227) T 27SJ30 05/16/2024 �OTWINING Task n r Sol And Ao 4 7M ORapu dnex (RS� 5 70398 Compressive Strength Of Molded Soi4Cenlent Cyfinders $ 10500 (ASTM D1633) 70309 C indidabcn Tes FullCyde(ASTM 2435, CTM219) S 195M 70311 Consolidation Test Time Rate Per load Yrrenent S 4500 (AwSTA1 D24X CTM 219) 70313 Cmosivity Serer Sulfate. Cl. pH, Resistivity (CTM 643, $ 245.00 417, and422) 70315 Cndred!Fradured Particles (ASTM D5B21, CTM 205) $ 175 CO 70317 Direct ShearTest Remolded And(Or Resia<Iall(ASTM D30M) 5 245M 70310 Direct Shear Test Undisturbed Saw D3060) S 22500 7D321 Direct Shear -Test Undisturbed. Fast fM (ASTM D3080) S 195.00 7D37B Durability Index Per Medwd- A,B,C, or D(ASTM D3744, $ 210.00 CTM 229) 70325 Evasion Indai (ASTM D4829, UBC 18-2) $ 170.00 75M Fine hgpregabeAgulanty(A.STM C 125Z CTM 234. S 18000 AASM7304) 3OW Flat And Elongated Parade (ASTM D4791) f 240.00 30MO Flat OrBongatted Pattie (ASTM D4791) S 210.00 7B331 Maxknun Density Me6wds AW (ASTM D1557. S 10D.00 DOOR, CTM 218) 7D333 Maximum Duddy Check Point (ASTM D1557, OCOB) a 800 70M Ma cenun Density AASWO C (M oMed) (.4ASHTO T-180) s 10500 7= Maxrnu n hider Density VibrasoryTable (ASTM D4253) 5 34506 70337 More Canteen (ASTM D2221B. CTM 22.6) S 25-OD TD330 Moi>ere and Density Rng Sample (ASTM 02M S 3000 70341 Moisture and Density ShelbyTube Sample (ASTM D=7) $ 40.00 70M Mdstim0ersity Rdatdns OF Soil -Cement N6rkaes S 27500 Premixed In The Field (ASTM D558) 79M Moshae-tensity RelaCms OF Soil-Cemerd Mattes 5 3MOO Mixed In The Lab (ASTM D58) 7D328 pH OF Soils MTM D4972) $ OD.00 7MM Orgric Cormit Of Sdts (ASIM D2974, McBwd A Only) S 85.DO 30401 Organic Impurities (ASTM CV. CTM 213) S MCC 70343 Pemieabliity(ALSTMD50B4) Qeladan BOM1 Potential Reactwily Gwrocal MMhad (ASTM C280 - 5 750.00 Divadrued Mehod) 70M Potential Reacivily, Monte am fsparem Mee od, $ 90.00 %Otry 5poare (ASTM C1200) 703D1 Potential Reactivity Mato am Epatson MWwd, $ 075.00 28-3ay Erpoare (ASTM C1250) 7M Potential Reactivity Ceriose Bar Fiynson MAwd $ ZWO.00 (ASTk1 C1293} 12 month 70390 Potential Rea*M CerhaA.e Bar F*atslon Method 5 3,1DD.00 (ASTM C1203), 24 mm6t 70M Pdarrhal Reactivity of Appepale Qntbirotiert NffK%Wtdad 3 1,100.00 Method; 1404 Eupushrii. Minter Ww ASTM C1567) TWO Potential Reac4vily Of Agpegate Combination. Fkvt-Standard $ 1.15000 Mfh4 28-Day Bpoxae, Mortar (ARrASTM C 1567) 70M R-Value Scil(A.STM 2844, CTM 301) 5 440-00 70347 R-ValwAggregate Base (ASTM D2841, CTAt 301) $ 4100.00 7D340 Sand C-¢eralerd (ASTM D0410, CTM 217) S MOO 7M51 Sieve i4200 Wash Only (ASTM DI M, CTM 202) s BOA7g 70353 Sieve With liydrma4r3W Gravel To gay (ASTM D42Z s 25000 D7WB, CTM 203) 7MM Sieve With Hydrmrelr Sad To Clay (ASTM D422, S 240.00 DIM, CTM 203) 7D357 Sieve Analysis Inducing Wash (ASTM C138. CTM 2D2) $ 1 OD-00 7MN Steve Analysis WthaA Wash (ASTM C 136. CTM 232) $ 120.00 70380 Sieve Analysis Split Skw (ASTM C130. CTM 202) $ 240,00 7Mal Sieve Malyss WMW wash Widi Cobbles (ASTM C130. $ 235OD CTM 202) 70363 Soundness Sodium Q Magnesium Sulfate, 5 Cycles $ 4BO-00 (ASTM C88) 703M Specific Gravity And Absorption Coarse (ASTM C127, a 100.00 CTM 20B) 7D307 Specific Gravity and Absaplim Fne ASTM C128. $ IMCO CTM 207) 7aM SwpJOSettlernerd Potraal One Dinrsional (ASTM D4540) $ 150.00 70371 Trucial Qmaabun 70373 Uncafned Canptessim (Au" TM D2160, CTM 221) s 1 DD.00 30317 Unit Weight Per Cubic Foot (ASTM C29. CTM 212) S 125-00 30319 Voids In Aggregate Willi 1(novm Spea6c Gravity (ASTM C29, S 125.00 CTM 212) 30411 UghbreigM Parades Coarse. with Two Sokntlas(ASTM C123) $ 50040 30412 Lightvdgtt Patoles Film wilh One Solution (ASTM CI23) $ 250-00 Task h I n T !s 1 W dA M4onrq And e(urxiar 75032 HMA Modrg And PregsrAlon With Aggregate Tandnent $ IOD.00 75033 Bulk SpectSe Gravity Of Cmpadied Sangre Or Cae SSD $ 0D.OD (ASTM D272B, CTM 309C) 75038 Bulk Specific Crm* Of Car}vcvd Sample Q Care Paraffin $ 85.00 Coaled (ASTM D 1188 and CTM'.0..".: 15 Task r- Asoh_]Ef_C4acr�lr Trlis, Cnnt�nued R t• due, Yam ff I 1 F 75M4 Extraction % lSwnen (ASTM D&W. CTM 3B2) $ 170,00 75W Extra sm % &'nonen And Gradation (ASTM DMM, D6)07, S 230.00 CTM 202. 3821 75MO Extraction %Bitumen, Carectim Factor XTM DdM7. $ 37500 CTM 392) 75WO Chemical Extraction% 9itrnen And S"aAnalysis $ NUB (ASTM D2172 Medod A or B. ASTM D5444) 75042 Lab Tested Madmen Dersiy Weenl 3 BrkWttes $ 230.00 (ASTM D1561. D1188, CTM 304, 306) 75M7 Weem Stabikmeter Test Premixed. 3 Briquettes $ 23(L00 (ASTM D15M, D1501, CTM 3M, 366) 75048 Lab Tested Ma>arrxm Density Marshall. 3 Bdqueees $ 225,00 (ASTM DOQ26. D2726) 7W40 Lab Tested Maroon Density Marshall 6-Slawmen, ; 230W 3 Briupuetes (ASTM D55B7, D2723) 7MM tab Tested Moar n mil Density Superpave Grntwy Compacted $ 85.00 Ekigj te, SSD,1 &klrehe (ASTM 06925, D2726) 75052 Lab TesadMwdmunDensity ScgerpxveGyraloryCompacted S 05.0D Utiquede. Paalin, 1 Briquette (ASTM D1188, DBQ25) 75051 Madmen Theoretical Specific Gravity [RICE] OASTM D2041, $ 170.00 CTM MO) 75M Marska StabBy And Flow. Cored Sample, Each S B5.00 ASIM D89TA) 75M Marslull Stability Arid Pl . Pnernured 3 Briquettes S 245.00 (ASTM Dam DOW) 75100 Maslsll Stan tyAnd Flow, Gyneory Compacted Specimen, $ 245.00 Fhe-AYtmd 3 Brigtsrtes (ASTM D%91, Deg25) 75107 Mars;Ml Slat ty And Flow T Specimen, Premixed, $ 245-00 3 Briqu.4tes (ASTM D5581) 75063 Mustre Camt (CTM 370) $ moo 75OD5 Wet Track Abrasion Test (ASTM D3910) S 17500 75093 Fkveern Mar Design (Excluding Aggregate QhaftyTsts) S 5,570.00 75006 Hvee n Mot Design. Wide RAP (Exdur inD Aggregate Ouality S 6.05D.00 Tests. RAP Qd"ifiration) 75WO tk ee n Ma Design With Line (Excluding Aggregate Cssfity ] 9,545.00 Tests) 75004 Hvern Wx Design Caftan Untreated Mix (holudng 1 0.640.00 Aggregate OualityTtsts) 7M Hweern Mix Design Car" Ume Treated Mix (I n ludig I 7,715.00 Aggregate QslityTe5h) 75M4 Marshall Ma Design (Excluding Aggeghe Quality Taft) S 5,57000 7MU Marshall Ma Design With RAP (Excluding Aggregate Qsbty $ 6.05000 Tests) 75090 Marsldl Mx Design With Line (Exdudrg Aggregate Ottaldy S 0.640.00 Tests) 75083 Open Grade Asplult Cahade Mix Desgrt (ASTM D7064, S 3Z1500 CTM 36B) 75109 Enyupave Mix Design (Excluding Aggregate QufrtyTesb) S 11,365.00 75113 Superpave Alec Design, Wilk RAP (Ex*dmg Aggregate S 11.99500 Qsfdy Tests) 75114 Slpospave Ma Design Wdh Rubber(Exdudng Aggregate s 11.99500 arflyT-) 76115 &perpave Mx Design N6ih AddEy (Exdud ng Agy-egxe S IZ32D.00 Ou" Tests) 7W75 Wer3Of AWUL" On Anatol[ Panrg Midues, Pre-Aixed $ I.W090 (ASTM D4807. AASHTO T283) 75111 Harr" Wheel Trade Teb, 20,000 Passes, 4 Brquettes $ 1,180.00 (AASATOT324) 75MG Raveling Test Of Cdd Mxed Ermisded AVUt (ASTM D7190) $ 215.00 75007 Marshall Stability. Wet Set 3 Replicates (AASHTO T245) $ 375-00 750BB Marshall Stably, Dry Set. 3 ReplicatesWSHTO T245) 5 32D.00 7507D Cold Recycled AsOM Mx Design 2 Gratings Ea* $ 11=00 3 Brtlsion Corona (Cattrans LP-8) Task S4d4�tRu&�d_'�Sucs_s-Ftsr4flraohis Examinauon Bale Per Sample 802BB Succo. Tow Cnat (ASTM C8W), Includes Thn Section), i 2,50D.00 Per Sample 6= Strom. Three -Coat (ASTM C 856), Yxitdes Thin Section), S 3.OMOO Pr Sample SM94 Marla IMa C1324. Petregapthie E Ina6m Arid Chemical ; 3,?50.00 Maiysisl Per Sam* Task : k Ma T lta:e i us S 11 (fit 20303 Canpressim Stan s 75.00 20305 Absorption 5 Han or 24 Harr S 80-OD 20307 Ahncrption (Boil)1. 2 Or 5 Hours $ 110.00 20309 Initial Rafe OfAbsap9m $ 7000 211311 E6loresoenhee $ 85M 20313 Cares Ctmpessim $ 90-00 20315 Shaw Test Qn Brio Cores 2 Faces $ 110.00 05/16/2024 Hof 'TWINING Talk 20324 Comprnalm i 95m 20323 ApsgpllK104aa4re Cofttral7Ven Dry Denllty i 9sm 20327 MtA Lklew ege (MTM C426) ; 275D0 29335 We Ana fate.^.hel, Meal O -t. i 55.00 20329 Tendon Teal S 1751DO 2a331 Cam Cart —icn S 9000 20313 BMW Teat Of Moaanores y C2 F■ces S 110m 20319 Smoresfanm Teats ; SSDO Task Cado Mae 7n rums A9 TM C131L 20341 COmpfeiskn Tech, Compoalle Masonry fMW+n tip To r a t r ; 2DSM 20743 COmprefalon Tat Composite Masonry 1241— . Ir air i 275m 20346 Prism Cad Moduka of Epsatly i 650D0 211347 Prtsrll Cad Lloduko 01 E100M WM T4ansvase Stram a 710m tFW DOrGIe-W yne SpMmerl) Task And Grout Rate 20351 Oompfaakn r f4 Matr MAWgien SASTM (3790Y ; 60M 203s3 COmprnalm r a r ■ r Grow Prit . IndWef Tllmmmg i 45m IAOTM C1019) 2035E COmpras■Ion r CLdm IABTM Clog) i 60D0 20 rasa357 DOMPkn Cans PM%des TTkrnkV fASTM C126 i SILM Task Cede }!]&+)Ari Sw9 m&n Nio;19_I1Qn_ RSt6 20155 Cumv Or Csdoes Or Pfrsrm i 90M Taek cede Flrecntonna son!■ Ral4 20491 wen Dry genslytl18TM MOM Tank 20361 Case Carnllressim aldudfq Tilmmatg fAarM C427 i 90ID 20365 ComprfJsion C4aas (■kit idn 011ie User)) ; 105m Task Concr6le Roof FUL GMurq Vetivocul a, PN1pa, Wt Cdntr 9 C Nia 20171 Compresakn Test(AAT1A C495 and C4731 i 75-M 20373 Air Cry Density(ASTIM 0472) i GEM 20172 Wen Dry Gamily fAOtM C495) 6 S0m Teak C IfKL$101. At IM RSI R3tr 211501 Twalle Tait 011 Or emalr F TLM 20SO3 ier•C Ten rite Or ir.-bcer 6 7CID 20SO4 hod Testal4 Dri18 y 400m 20505 Trnite Teda/4 ; 30Dm 20507 Ten111e Tedal6 ; 3mm Teak Cod9 RSINOWrin ilael- ViNded Oi Coupled 5ooclm9D9 fis19 20521 TerWle Tea Wemewcagled It I M08m■ftf i aim 20523 Tensile Ted Webedr0aupled 014 ; 290ID 2052E Tensile Ted WeldedtGatpled It 6 i 410D0 20529 Wald 6ef0oeth i 95m 29531 rellppagelred-Calsmrs tCTM F7M i 270D0 2O532 TMIJle Ted Welded HOW ail And Smaler i 17T1m Tack r•nd4 M4?sl are SfQyt$Ce RAM 2=1 _ Tensile eatllpm lb To.TaS100K Panels Raw) { S5m 20603 Tensile Gaengm W To 2DOK Panty IEMM) y 95m 2060E Tensile eevram Lip TO 301K Pomm lleaml F 120i0 204507 Tenst, 3reh2a Up To 4OCK P.CC. IEa:1i y 175m 2o60S Tensile S&WOM 4aK To SOCK PO1rdr JEadd i 40OID =611 Tenate 84renalh Oteu-8p■In P—mt Cftfet t � 2OS4s Weld Madpete F 9sm 20547 Weid Frachma ; SOM 20615 Send Ted 1 60D0 2GG17 FI■tlrWlaTed f earn Teak 20619 Harmer Teft lASTM El 0) ; asm 20630 SdtArlal Twill. Teat(Up To 7J8• Damew) ; 7n00 20631 ecit WedpeTensle Ted (Up Ta 7W Dlamel.0 y ti5.0C 2632 BdtAnal TenldeTNt(Orealy Thin 7111' Up To 1'aametep i x0633 EctlWeegerenfleTedlCaederTran7,WLpTot•Danelr) i tlSnap nag 20634 WAAalal T—fie Teft(G=Than l• Blame" ; 130.00 20635 Scit Wedge Tensle Test{arateer Thin t' Diameter) ; 14000 2063E S W Prfuf tuff Try' up S5.DO 2637 San Prod Luna Ted tGree er TAat lie• Up To 1- Darnatito i 11500 206M Son Prod toad Tea(0reaer Then t') ; 135D0 20639 Nat Proof Load Test (Up To 7A1'7 ; TROD 20640 Nul Root load Ted (Greater Than Wr Up TO t' Dlam eyr? ; 9500 29641 Nut Proof Load Teatf3RaarThal r) ; IGLOO Teak ORC+I.I.N lTaaUnOOfMoLfl4ndOts<M li.1i tr$i76 :iee� irftemrcat Alw ylrs ouatMoei OG173 A tyo Of QMvW nd Casey; AOTIJ A101 i 9ace 50176 Epory Caeare Tilica aN ; 1000O 60177 Coning TNcYxas i 95.D0 Tank MadlNGnp pnO Plaparelfm Of Tentille And Band r: 50'[s036' CerOCn fi m We 20751 IacNntd Intl Prepemtlon From kWck4JV, Ete. ('er Har) i 145.00 20753 SaveldTO Chwil WIM lPn QV ThkMen Or Flamm TmKen0 2075E MKWR To 71M Cudpfaow MR" Spedmens ; Koo 211757 Medlin TO Ted Cmlloratlmn llromd 8puJuiens 4Per O.r i i7000 Thclt s. u Fraditm Tnneo4 2075s Preptl Owl= Dieerme" iP1er O.i 17101, ; Or Froom.. Thereon i l iLOO Took _COOe CrWDV 0110ad Rate 2001 Chanty Praed AmblentTemprstree i 1DE-00 30623 Chary/ WWd Reaute6Tampelvaae i 14000 Tuk r i 20780 CuMM AndMU1q SPer D.r Or Fra®on Tnerm" 30713 Flea Uwhefaq To S■mpla CwNWOm i IILOB Tank Coda PreaLrfa I ng VY rfaq a D ja ndopi, I & OTm aiM RSNi 207111 811eas-Strain Mdyek WIre Or Winds (Includhip CMtMd i 25500 ParOent Oftsetl 20703 Temne Ted Ony It t90oo 20705 Tentlonf Quotation TMk 297M Tensile BbCFMM- Get of 989edmenflmaWDlfeclion ; 1A7nD0 4A(TM 03039) 20707 Tensile elwaff,-ACAInna SWIMeru(ASTM D30391 i 27CLOO (AMM D3039) 2070 Heolnp DltaeavTime -Per 24 Hr. Period 1 10000 Task GODS 1'allaf.b(tri Aarvlua And Ilnlsaf eat Mnrhlnf IPow, R114 2Da0t 4:a:11W.e Vame4W 00Nlcu Guo=m 211503 Umfafa Ted MKIlfte Usage (Per Hole) i 47SOa S LMLf1d1Y Tae!] me - CTIk And Fatlprre Te Pr.- - On Special ProdVda?ans - EngfDeedng And Tedmltal SrppadsJUELIgn OrProbppes AM Gpecal Tail O d6Up • FadenrNaupin8 Fitt TeAna Prdpam Per New P guakirs: Twilm, TensindSed, Shear, Dolde Shear, S Compremmtlf - FDefolaMrC0111PMM 114111br1aN FIe6 Tway Program (ASTM D1143 D1242, D25S4. 0465, 04471. 04923, D790i, 07921, and D7321 • Feld Tasting Of 811[4oes And 8pllc iM E Wren • erPace a erTeshlnp • Me0yahs And'Or Pmd6t7 EVMWH n Per 1ipeOKcelana - Gtrumaef Dinamlc Ted■q And DLMIRV Ane"Is General Conditions NOTE: Held Inspersan fors cae LOWS re efmalalled by cmtractalm OparNila Pnghers, Local 12 NOTE A rrWRIMe 01D1 P"I naace li reaand for teidl and MspecOwl frvloef. NOTE FOrprclem apkdin a Prated L.aar Apreemerl PM.N§e Rmss and ctindtlru dare PLAare mote rmdrkWe arm lltase listed 9eloe. PlA terms and cabSms wit apply. NOTE Ftnhes all be adlreted ■mealY each July 11110 felled hlMnCd MIS Adminfetrative fees All admlnls'mm fee■, eacepl N need trctw. Incising raped dapNudal and TWIbb ConstrucUm Hive systiom are piled A We Ukmhg prcenOae of ate mdr/V9 mYokx laml: 4% 16 05/16/2024 'OTWININC General Conditions, Continued We ILA rura dry W Of reptrx'Al1I Le C#rt Only to grnarirtg P %=ffr,"n w4W rem Al Ww paned -Al; reteive rq wG 94nbclri�t- The aMinisbabve fee above VAI receive rEr*-&HEd1pNWly, Tile al nLwimve tee above w1I tie"ial ny i% Y va pars Nva over. or tepom are. queslea - NM or Plied cpcanc MfM or rewmec xnl be Clleu Minty at W*Mrnrlsh]306* SL;pbn aaee- Mir6mign Charges finspectrvn and Technician Persan wl Only - Other PcYsonne, Chxpedon Portal to Portal Basis) 2+aMr sanM%m t Veelbr awry" atfabritk no wort to pular n 4-HDrmrfffY.M 1 JD41lQUMOtr *cWn &HOtrstlnersrw OW4 m 8 Moue or sx vacin Regular Tr me fPJI Types or inspectirsl and also AJI Hon -Exempt Eniploye(s) M*rril SrdFswmtF 2 M=lay alrauoFreay aeween 5,00 ar1L Xc 5:Mp rr_ aweol asi'dei ctt*ry se txlcw. Tittle and One-W [Alt Types of Inspzction and also WI Nom-�orrsol f_nVoveesI AI rATU wil t7e wed bxAd oo ve Umeaw axL, or mvt slat My blcremett W a bom wougn 12 rKVa4 ornsro lda4ay mrough Friezj ar-A me rm ii strap W SArday Tlrne and onerialt uAl also- bedwgW for the VIA four hours beacre SD0 am. aid alter a: W p m Dwbte Time (Ail Types of InsnecUon and also Ali Nan-Emlmt Etnpiayeesl Al iAMs will be WIM bored cn m Ilm3 arc w* of filer stet. Alter rill; Jrlt 12 tica WDrW Y MMUgn SMNEUfy, 7l MYZUdW. W.d U Wys Men Te MU w to" rrAw borcreSao am and a7wS:m p-m- tttwralt are MW YMM Day, PmElWft Day. irg7MU Dare, IndEpum-ire Cal. LabQ oaf. vcserals'>-y. Tnaraegm:r%Te"alien TnankilglvIV. C{riioas pa}- and Local 12 genera rnei&1g a* (rill S&ntq n Unri, FInSt S• =y n DecoMbef) if ary er she rnlaats itiwn tat m !�ilrtliy, To 1Jer37y WroAing anal ee Wr4W e4 Ile holMy. Meal Period When pflsorrnel art r"Urea 4 tner cliff to wort rime [run are con4eJl" manila •+ltrw.2 tree-Mf rrmr Vrtnknlptrdmaa pMod met-atr norr at Dw3 le t ne rite *III ped VW In atrutmt io any appicaL7e d wow for aril noun welted SfvR Del iair-opal ftplies to Regularly Sc-heduled Swifts {nary) A 51.M per wur s,%n d7tweraal premw wir be ShWW Tor as lrsp*lcn hors vial r31 cuwde Of Itie SOP a m to s:gap A,, trio period Twrtrq wit mqure 4-rlar notice aClrg GYMV* G f*f;f,Coriaclors appmWW 6hn aatttiVW to oegM%arrrm"Val Mw. rails fair7g ulaldeMsperloa wft4lls mdlae rot be provldrd. a: wcrtpermrnxrtl on Crat sam wta be Lirm at aneappicaue ot'wme or ocouce one rale ! Wn Gouts per day are tegtrred. Ile prat stilt win be blied all Vie sWr4xa rate- Try seaaas fwkM "I beUM in ao Vmice inim rile pms;Iia MV2prL Tr.- wra slMfl Ulan be Mled at a rlatts farVee II[St61r2 hous rated arrt appicptaee wertne or Ia0le*ne far at haws ftmalher. Travel Time and Miteape Far Fray M ovkldeawfite raduE from the nermi Twining malty, per lx^.e65 rNk to ardrrorn the pigl'd w7l becnrgea rot lrwpeW= ar4 teotMartt Otter tun wla[W*4i . rrleniti.WPrt" Feaed equPrrer[ a reWMd to begrWed w are from Iie;r03att ste, tine ad mleage ror lm"clori and re)d lemrlc'anawAII be bitty on a Portal to PCIU t)avt Fwar prp{as, wrred drS misage rl2 per mre ale appictrf.e IM'o tme wlt ail onargea ports Ar ponat rot eNltre n, eon rurmlf, supeavlsxs and 0tora0y:eClaN0a% frarri trio Iaoxafnrylome prc}etY � gild ream Fcr wxY Icrarl ens tocdled 13q r5li{g a [acre from TiY'I»g, traver Ort All be La'.3rged 31 tne:oeiant rare rcr IfW.Icta and teltntlar-4 InadSen io zal wzVnce alo- won ascl?tiea beW& v4eekefW SmrwFe Pick -laps of ordato be in solCdeo ra r7nae W07'a" ata1d7 dr., n may be recured teal W-MMr4 pdc-up SOe 04umea leg. Wraele&PmIlmrm earl cn May mW be prc►WWan wx*era In omen lobe n carro.R:uxe wen AS-N Cal "rag rpeorrr_alE n be rr "to fty nn3l otrn looaocn, Pr .-A 4E morns dcnlrS3 ApThraele dwgei ear wemw wart win aXily ow d i Is leilUred Stwo triers mrgev rAt be m-wze4 Twt7rlgyNl rot Fie ItaLle nor arty roptl4a CC"JeOM Reimbursable Expenses Parlingaft fare. car wtal, food waging gild prgn-t rpmffc &ortraWMgtaC(ns fe g Pl2rCa d proton. etc) mI be cwged ar oW pi[ s W%per rfooeaaeair w'.. tY'4S prwwd by alert Proieu Specific Uocurnents Cosh rmwrteo *tyre irlal ocent War[ pro410e prof rots sp"a Warneds liana, ipe{1nP bY*, "fnllLWs. MI . ftj for NI!%peclm pem rne: snood ploled gtoifl oodaner+a te- prdNdtCllKWrilicallytrmgn r1of Ire' serv)oe. trle of em wnl be responaele for pwang axles and patlrg ar:ylee$ rw tlX 5&,olce- Prolect Site Facilities Prlc squcled asatwlx flat M4 aslrg aaWes fir legLwveli Rsx,=Vy wM rmwarn leil staram aw project requimremc are pr%nxit tly eThm to MDW, PqC*S gtt7Etd astrnenx Aork1x" w aA fd Yei):v.w star are pra:deo try Wws- AW15onal obp`a M. -d t7"afrxt wtl applyr♦'t uid TWring be figuring to prcy[dewu ftlarci]UK, Subsistence B Ai+SWrAe on renrora Jobs wl l ba crurged per quota" Laboratory Testing hours and Exnrdded Testirp ptease nole Tat txcra ffy tai:ng yell be btled ore anrozy La31s tar r-m4twMW WA. retesting �6 sequ red 10 be pentcrma3on Sallu-srls, Slraats, horaays• or before $.W err. or aw 4 ilq p.m. on we9t *. an 3W110-1b MMY caarge, at ale ap c3we legtllar. 9yerane or otsrble byre rile. wit a mirlrnir- dim° nbur w If be arlpi roil Ile Abtraicry I nw3i. For InFri tEsnr.-g a 5D i1JGUW In aWton Ie the regdar W rae mil appiy- C hxrnes for Sr6aorltracttd S"ces AurasxWnllaots9deWwaWylbrt": Costpm2D% mate" sent to outride tatxirabr or maaire snap: Carol pk s 211% Glu-Lam bears Impecepr Cwl pile 2q% paler vAoM uabtow Cost plus 211% project a z%ske egulpmentpw lose: Cast plus 2q% Limit of Liability CNBe agrees to ttmt Tw, rtop aggregate iabllh A all erYbes fcf ar.MW or a*al emors and omMlom Iri die performance d Its prcvemlcnat mvry :n ulL.t Isis agreemem to S3p.t7m.00 mIleIMa=llypaidtoTwunlg,vMt tevkiawAIsgreater. KgnerImrsnWbeays-aoebygboU&---L Additional Insurance Coverape ArlyrKurdnerrta for ad MWaTlnc VXU pOWES or aa'erage Beyond Ccr WM3I padeMrNta to-g. SML W&Vage3 may bepronded at MaffirtDr6H tee and wll be gr[todon aper ptgectreWfernerts bads. 17 05/16/2024 "`TWINING General Conditions, Continued Final Reports Reduired by JurisdiOSOn it a his mportcc alnodfVE ""red, q8 Mart Imi :e4Ie& a iltpecmt, m0Iming repom aid pear up arry anrmovFri 1imftan nEae rs,am- 11.KE Imi, 5 will t Pli ally requre ap;rmA by Ilse engineer or aran"orl en". Tra p*MU cal rue EFVY.aI xeess it pit adry,3gerunrq on the!umber and oompralry of trr_ Eauc�. Coil mr tlral repaid win ❑e roiled noury. 7rrrrls of Payment FeE6 dlxQed am f;Y prakssnral aid le:9ri•:a7 IervIm al are 311E LpOi pre"r.won it rol pad wlmin 10 Cayt mtrn Cate a LImee, rnty are -{fill Elmo past Ale arm me mas',.T un :eqW IVIMCe [ruYge WD bs.% a70i4 to the LLnpad haarae. In • =lro7, Shol of MeoitrI regvlre ma in" rM*S De itrbhl[Ned lrroagt] a %*tl bmfoat elltL' t sytterh, tie cllelil wil 7e rifp -.iVh* rerall roNs amrixoo aIn tlY. uve a the Sysle+ A 3% fee *M be zpg'. to rat payments 7fw-cc.w Cy credo oar0. All IM001? emars Or lteCeESary Wr*C"ls mall dl b"ht 17 tree at1mi of of Tw�ning Wh71n c5 aa¢s MreMot M mkVi . Shef .era CLstdnel a vveredgm InVi39ee are Calreci aid raid. Tooling relerves lfle Ught W letmIuM Itsservteet laa matdlllef Illltlmlt malice ran imdlcm ate rmeelarremd_ virm amnlermbtaton of ter ,Dis. bte ert a amounit accrued for as serfcespeeormedauae MM1,11"y beaalne drte and papble, CumBmet ma'6ee arty aid in ctarns apmrsl Twlnng. Ill; sauldrar m 2m Imbes, smarts, atA a-+frtx Mf oertomaycn aT wort on ace"t of blew terms, In the v"l cc any 110plon outing PW or rdw" m dryagve rwn:tn pm'de crsrae= tr'hetrm "nal to wroe't.Ira prevatnag parry>arx. re elated to tmim rrom life norl.prvxing pang x., rfraaanaale costa Mulled, Ircudnor doff Ine, c aum cosu, abarreyls sera ard at rthet rVa rg exMriRi in lowhrEtgar n. AmMortaly. Ii tie viva o!arm,- udcallee tallier. ell at wgatluorr bl?hVee l IN pareea Of a teaourtdr,0 arpule ny arotrabon, that came p-eess Gall dettlmlre lfle ptve7armg Party. Hatd Sdmotens NI'held'spedm@rr are tr ifgM at IPe a;411 a9le lest rate rrr*nerttetee a nit. Srse6met, Sampling and Disposal TR-6trlg Aamples'n" Csed in twmnnatnn ti atmar ice O.''ih 5uroam pracUM, Temcm. cop1m. and Memo prged regsdfeMeM Rep,eioola'J Poe" 0* famp liq aid SaT! AcCdraGyl CC leatirg are sub)Idt $+Ihe salme p;aZ=IlSile and ptBclfla7 llnllUGait as gnem ng stardardl, codes W4 P1146dl ufU/Nral pfpvlslCMK 5hRMtamplea De provldc4 oy V-M-s'Wnry tarsi A2n2rlt Or ylr 3ree INC rnar$rlar Y ripriaertsCir of rlrAHW tear Is or will beUW si a*ai CDM%acconarihe pro,'ect Spec"erls will be mscapded a1Wbm tmg ulaess TAraing has been mdraed proorto testlag tat the com mer nitahefl to mirleve the specimens or Mocaage aaangemenls afe made. costs for storage *to to oy que aes�n. Oversize Specimens An extra charge will. tiemadLb wnel tilts;@tlmeis requrre mcm bun GeeaemDn to Airgre betaFee atr;2e or ere'gM. Elevated Work PWorms In ltle e+ant an dera'xd ■OM p'37crm I& ragslrod ta rafefy c¢rpele ow Rom, the tAlttt roust trve Ite sate wom for Tmiing f!ersen rel rot it MgLgmd IrtwarA, te=pig, aampl ltq, SIC. tldk4lt'g a lrmrteo'rd cemrmed operaCCor qummld Pmp"Ine"apprt: Ab TL,llrg pr1f h(f, W_ resmntmie for rig ling W VYens asse-aVedW6n arOYJCFng M" ame"eti. ShoctO irrlfun Pe reyulrm to (up-p j an etvarm ryas p:l ldCm, We *111 amtraw rim a gaMflEd vender and the nalups thctwn aaoue will apply. 18 05/1612024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND GEOCON WEST, INC. ON -CALL GEOTECHNICAL & MATERIAL TESTING SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Geocon West, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 05/16/2024 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 6. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca,gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca._qov/Public-Works/PublicVVorks.htm] 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any 05/16/2024 and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 05/16/2024 b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or 05/16/2024 better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Covera e. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project 05/16/2024 or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Geocon West, Inc. Attn: Lisa Battiato 41571 Corning Place, Suite 101 Murrieta, CA 922562 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 05/16/2024 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Peter M. Thorson, City Attorney CONSULTANT Geocon West, Inc. Attn: Lisa Battiato 41571 Corning Place, Suite 101-104 Murrieta, CA 92562 951 304-2300 battiato@geoconinc.com 05/16/2024 EXHIBIT ►4 Tasks to be Performed The specific elements (scope of work) includes on -call geotechnical and materials testing services for Public Works projects. The general scope of service for each project will vary. Typical services that may be required on Public Works projects could include, but may not be limited to, some or all of the following services: • Subsurface Exploration, including but not limited to the following: o In -Place Moisture and Density Tests o Laboratory Maximum Density and Optimum Moisture Tests o Sieve Analysis o R-Value o Direct Shear Tests o Consolidation of Collapse Tests o PH, Resistivity, Soluble Sulfate, and Chloride Tests ■ Logs of the Exploratory Borings summarizing the subsurface conditions encountered, Results of Laboratory Testing, and a Plan indicating the Location of the Explorations • Seismicity ■ Geotechnical Evaluation and Recommendations, including but not limited to the following: o Grading o Earthwork o Settlement Considerations o Surface and Subsurface Drainage o Foundation, Column, and Slab Recommendations o Slope Stability o Soil Sulfate Content Implications o Utility Trench Backfill o Retaining Walls and recommended Lateral Earth Pressures used for Design o Pavement Design o Grading and Foundation Plan Review o Construction Monitoring o Pile Driving, if necessary o Lateral Earth Pressures • Discussion of the Existing Pavement or Site Conditions • Recommendations of Removal of Unsuitable Material ■ Soil Ferrous Corrosivity and Portland Cement Attack Potential • Environmental Concerns / Hazards 10 05/16/2024 • Preparation of Phase I Environmental Reports of properties • Review of available Geologic Maps and Reports for the Region ■ Discussion of the Material Encountered in the Borings and Measured Engineering Properties • Preparation of Field and Final Compaction Reports, as required. A Summary of Findings and Recommendations in the Report • Review of Project Plans and Specifications with emphases on Geotechnical and Laboratory Materials Testing Services, and attend Progress Meetings, as required • Observation and Field Testing Services during all phases of Site Grading, including but not limited to Removal of Unsuitable Soils, Approval of Areas to receive Fill ad Mass Fill Placement • Field Observation and Testing during Trench Backfilling Operations • Field Density Testing during Subgrade and Base Compaction • Field Sampling and Testing of Base and Asphalt Concrete • All necessary Laboratory Tests to support Fielded Services, and to satisfy Caltrans and other regulatory agency requirements • Batch Plant Inspections • Structure Backfill Observation and Testing • Concrete Sampling and Testing • Special Inspections ■ Consulting Services requiring Corrective and/or Remedial Recommendations, if necessary 11 05/16/2024 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 12 05/16/2024 GEOVON W E S T, I Ly GEOTECHNICAL L 0 ENVIRONMENTAL 11 MATERIALSI 2024 SCHEDULE OF FEES- RV24 ----------------- ProfessionalServices �_�_____�— _---�.•.• ..., Word Processor/Non-Technical Assistant/Draftsman/Dispatcher.................,.._.:_._.._:_»:»::.r._....... ..-... —�-- ,_,,�„,_� — ....... .................. :... 595/hr Engineering Assistant/Lab Technician. .... ...._---..-..._......................................... _..__--_...:»»:.............. ............. :.......... -»_ S95/hr Engineering Field Technician (Earthwork/Compaction Testing/Backfill).._•,,,-.-__-:------- -_-_�•,„,::..................... :.............. :............ .. ... •S851hr Special Inspector (Concrete, Reber, Masonry, Welding, etc_j__...........:.:.......... -.......... .-...---_.... ._._-......... .._.......... .-......_............ .......... -- 1590/hr Engineering Inspector (Bottom Approval / Shoring / Foundations/ Piles) ....... _.._....... .. •5110/hr LA City Deputy Grading Inspector (Bottom Approval /.Shoring J Foundations / Piles) ........ ........ .............._.-___ .......... ............. _............ •5125/hr StaffEngineer/Geologist. ----,..._......... _.... _............. ............. ---•-........ ...... ............ ................. ....... ........-............ ....... •S125/hr SeniorStaff Engineer/Geologist,-........... ............. _ -....._....... - ........ _.--.......... --_...... ...w-_.....-.-......-_..-.......... -............. _ » _. •$135/hr ProjectEngineer/Geologist..-........ ti-.:___...-_.-........... .-_.-_._..,......_................... _»._.-_._._................--....--......... -............. _. _ •$145/hr Senior Project Engineer/Geologist_.................. -............ -__.---------- __....... ....................... --» - .__... - -... - ... -------•--.......... •S155/hr Senior Engineer/Geologist.............. ....-.... ..... __.....------ ------ _-................ _.... ,........ » ,.»...-_'$175/hr Associate Engineer/Geologist......................................... ,. _ •S200/hr Principal Engineer/Geologist/Litigation Support .. ........ ...................._.._._...._-_.»...,....._..�....»........_...,............ .. ...... .__-..5400/hr .»»:. Attorney Fees (General)_.. .............. ..__............................ 5500/hr Deposition or Court Appearance ...... ........................ -......... -............ ____ ......... _....-._..................... ....... .............. .......... -......... S 550/h r Overtime/Saturday Rate/Night Rate (7pm- 6am w/ 8-Hour minimum per call out) ......................... ..... ............... .. 15 X Regular Hourly Rate Sunday and Holiday Rate .............. ..... _............... __.,.».»....... ._-._._._:-.................. :.-_........... .._ 2 X Regular Hourly Rate Minimum Field Services Fee per call -out, 4 Hours (if 4 hours or less), 8 Hours (if more than 4 hours and less than 8 Hours) Short -Notice Cancellation, 4 Hours (if after 4 pm of the day prior to the scheduled inspection time) Short -Notice Cancellation, 4 Hours (upon or after arrival at jobsite) •Preyai6ng Wage (PW) California Labor Code §1720• et. Seq add S50/hr Travel 1 .----- ---------------•-- - Personnel........_._ .................. -----------..... ---....................--- ....... .._..-........ ................ ............ ........ ____ ... ............... Regular Hourly Rate Subsistence (Per Diem) .... .._................... Quote Based on Location VehicleMileage .................... ........... ___ ........ __.... :._-_..,............................... 0.75/mile Equipment, Materials Nuclear Density Gauge/Sand Cone Testing Equipment ......-.._ •S10/hr Vehicle............................................................ .................. •$10/hr Special Inspection Equipment ................................................. •S5/hr Pick-up Truck ....- .. -_ _..-_....,W............... .. $175/day 55-Gallon Drum ..........-. . ................................ .^.................. S75/ea ACCold Patch . .......... __:........ ........................ .......... ............. $35/bag Gravel ....._................................................. ................ __ S35/)bag Quick Set PCC Patch _„_............... .................................... $35/Dag Sand...................... ........ _<------ ............................... S35/bag GPSUnit ................................. ....--...»....... ..--------- --.... ..._.. $175/day Battery -Powered Pump ,--------...................._...-----....----.....$100/day Coring Machine (concrete, asphalt, masonry) »------ -... ........ 5285/day Double Ring Infiitrometer -•------------------- ---- _.... ............ ....-• 5200/day Drive -Tube Sampler ......... .................. ... .........._....... _....___..._S60jday Dynamic Cone Penetrometer .--.••-.......-• .............................. S250/day Generator or Air Compressor ....... .............. $100/day Hand -Auger ....................... -..-,......... »,........ »....» ...-_.._.-. S40/day Lath Bundle ................... ... »........ »...... »,................ $100/ea Manometer -_._ .............. ................... :....... I ........ «.».«»_.-.w.-.. S100/day Mobile Laboratory with Lab Technician .._........... _... .____„ $1,650/day Perforated 3" PVC Pipe ............ .................................. _..t,..._$45110ft Sand Cone Testing Equipment ... ....................... __..................... S10/hr Schmidt Hammer .... ................................. _---.,._-.._ ..--....... S100/day Soil Sample Tube ....... -..._-............ .........-__....$15/ea Temp Marking Paint.-_--_...•..................:......._...-...•..---••--_.-$20/can Water Buffalo .-----•.................... ........ .__....... 575/ea Water Level Indicator « ........... ...................... .................... $50/day 41571 Corning Place, Suite 101 a Murrieta California 92562 a Telephone 951 304.2300 or www-geoconinc_com 13 05/16/2024 Ld)3i3rd$Ory Tl'S$5' COMPACTION CURVES SOIL AND ,AGGRE45ATE PROPERTIES (D698/D1S57 jT99/T108) 4-inch mold........ __..._..............», $300/ea (D422/T88) Particle Size, Hydrometer w/out Sieve -------------- ....$250/ea (D696/D1557jT99/T108) 6-inch mold . ................... _........ .-_. $300/ea (C136/06913/T27) Sieve, Coarse to Fine w/ #200 Wash -..-.._. $175/ea (CT 216) California Impact ......... _......_.-.................... :._._..-,._..$.300/ea (C136/D(5913/T27)Sieve, Coarse or fine wl#200Wash _........$150/ea Check Point ......................... ..--....--.-............ ----------- ___ -...--- $125/ea (C136/D6913fr27) Sieve, Coarse or Fine No #200 Wash_- .... 5125/ea (D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) ._..._.. $200/set (C117/D1140/TII) Materials Finer than#200-_...- .... _........ .,.$115/ea (D1632/CT312) Soil Cement Co. Fabrication (Addtl. Spec.) ------ $75/ea (D2216/T265/CT226) Moisture Content-_... --------- _..... $40/ea (D1633/CT312) Soil Cement Comp. Strength (Set of 3) ... $350/set (D2487/D2488) Visual Soil Classification...................... ....._._... $40jea (D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) ... 5125/ea (D2937) Density of In -place Soil, Drive-Cyl, Method—____ $50/ea SOIL AND AGGREGATE STABILITY (D4943) Shrinkage factors of Soils, Wax Method__ ...... ; ---- $75/ea (D28441CT301) Resistance Value -------- ............................. ....,._$350/ea (C131/C535/CT211) L.A. Abrasion Resistance ................. ..... __250/ea (D2844/CT301) Resistance Value, Treated .................. ._......... $350/ea (C142/T112)Clay Lumps and Friable Particles ........ .......... __....155/ea (D1883) California Bearing Ratio ............... ......... ........... ._...-._$600/ea SOIL AND AGGREGATE PROPERTIES (CONTD.) (C977) Stabilization Ability of Lime.. ............... ......._..--._.....«.....185/ea (C123/T113) Light Weight Particles ............ .......... .... _ ....___..5250/ea (D1883) Calif- Bearing Ratio (Army Corp of Engineers) _..-_..600/ ea (1)3744/CT229/T210) Durability Index Fine ........... ................ ..-$200/ea CHEMICAL .ANALYSIS (D3744/CT229/T210) Durability Index Coarse .......... ...............$200/ea (G187/CT643jT288) pH and Resistivity ................. ............. ......$175/ea (CT227) Cleanness Value .... ............,_... ...................... ._-...----..5200/ea (D4972/T289) pH Only------------------...,, .......... ........... ..... ...___ $75/ea (D4791) Flat & Elongated Particles .......... ...._....------ -........._--.-$175/ea (CT417) Sulfate Content_. --------- ...:.................... _,_.,...-...... ... 5125/ea (D693/CT205) Percent Crushed Particles ........... ........... ...._.._-5200/ea (CT422) Chloride Content .... ......... ......................._...........-.--.---5125/ea (D5821) Percent. of Fractured Particles, Coarse Aggregate ... ..5200/ea (1)2974) Organic Content------------ ......... ........... .................. ...... $100/ea (C40/CT213/T21) Organic Impurities .._-_-........_....-_-----.----..$100/ea PERMEABILITY, CONSOLIDATION AND EXPANS 0TJ (C235) Soft Hardness (Scratch Hardness).....,._..........$125/ea (D5084) Permeability, Flexible Wall ........ ............_...,...__..... _$270/ea (C88/CT214/TiO4) Sulfate Soundness- .............. ........... ._.-___-..5500/ea (D5856) Permeability, Rigid Wall ......................:,,„.... 5260/ea (C1252/T304) Uncompact. Void Content, Fine Aggregate ...5175/ea (D2434) Permeability, Constant Head .__..„ . ............................ $280/ea (C127/CT206/T85) Coarse Specific Gravity._.. ........ ..;,.._.. (D2434) Permeability, FHA Slab -on -Grade ................. $110/ea (C128/CT207/T84) Fine Specific Gravity ............ ..._.-.__..„.......5175/ea (D2434) Permeability, Hourly .............. .........................___ ------- $55/ea (D854/CT209/T100) Specific Gravity of Soil .................. (D2435jT216) Consolidation (6 pis- w/ Unload) ---- ....... ._...„..- 5400/ea (C29/CT212/T19) Unit Weight & Percent Voids-_..............__...$125/ea (D2435/T216) Consolidation Additional Point w/ Unload......... $90,/ea (D2419/CT217/T176) Sand Equivalent ...... ......................... ......5150/ea (D4546) Swell/Compression Testing & Density .._..._,_......... . $125/ea (D4318/CT204/T89/T90) Plastic Index (Plastic/Liq- Limit) .._..$250/ea (D4546) Sweii/Settlement Testing & Density (ea. addtl- pt.) .... $85/ea (D4318/CT204/T89) Liquid Limit ......... ..........._.._.___-_,._.__.$125/ea (D4546) Swell/Settlement Testing & Density (County)...._..._. $100/ea (D4318/CT204/T90) Plastic Limit .......... .............. ...............-._...$125/ea (1)4546) Swell/Settlement Testing & Density (FHA) ................... $90/ea (C330) Spec, for Lightweight Aggregates, Struc- Concrete. ......... Quote (D4829)Expansion Index ofSoils _...,._..---------- ............ ...._.--5250/ea SHEAR STRENGTH STEEL TESTING Rslnforcine Steel Tests (.A370) Tensile Strength & Elongation #11 Bar&Smaller-_................ „.., ................ ......... .$100/ea #14 Bar ........... .:.- - .................................___...$125/ea #18 Bar {Proof Test) ..._....._--.....__ .............-_--....... $150/ea (A370) Bend Test #11 Bar& Smaller ... ...--....... _..... ._.........._......-._._$50/ea #14 & #18 Bar ....__...._._..,,------•-____......._...._...._....._ $75/ea (A370) Tensile - Mechanically Spliced Bar #11 Bar& Smaller. -------- ----------- ...._...-•---.._.............$175,/ea #14 Bar& Larger ---- .------- ...-_..--•---.-•--..-........._........ 5225/ea (A370) Tensile- Electric Resist. Butt Splice w/ Control .... ;...... $175,/ea (A370) Straightening of bar (if required) -.,.__...._ _ �........ $50/ea Structural Steel Tests: (A370) Machining & Prep of Test Specimen _....... ._ .............Cost+ 20% (A370) Tensile Strength & Elongation Up to 200,000 Ibs--- ............. .............. _...$125/ea 200,000 - 300,000 Ibs-_................... -.--------- -........ ... $150/ea 300,000 - 400,000 Ibs... ........ _.................„............ .............. .. $175/ea Pre —stressing Wv Terflon Te s: (A421) Tensile Strength, Single Wire ........... ---------$175/ea (A416) Tensile Strengthr 7-Wire Strand ...... ----- ................. .----- $200/ea 14 (132166) Unconfined Compression... ........................................ $100/ea (D3080/T236) Direct Shear (3 Points)- .......................... $350/set (D3080/T236) Direct Shear Addtl. Points/ea. residual pass ... ..$125/ea (02850) Unconsolidated-Un drained Triaxial Shear ................ ..5115/ea (D2850) Un consolidated -Undrained Triaxial Staged ......._..5160/ea (D4767) Consolidated-Undrained Triaxial Shear _- ............. .---- 5265/ea (D4767) Consolidated-Undrained Triaxial Staged ...... ____ .... 5340/ea (EM1110) Consolidated -Drained Triaxial Shear ................. _.... 5375/ea (EM1110) Consolidated -Drained Triaxial Staged. _._,.„_.....,...__._$480/ea MASONRY°' Concrete Block Test (Sets of 3 Required): (C140) Unit Weight Moisture Content & Absorption._........... $350/ea (C140) Moisture Content/Absorption (ea. addtl. specimen) .. $125/ea (C140) Compression Test _ ........................ ........ ......:......„: . $300/ea (C140) Compression Test (ea. addti. specimen) ----- ........ ...._...-5125/ea (C426) Linear Drying Shrinkage ...... ..... ___ .._._ __..,_._............$350/ea (C109/UBC 21-16) Mortar Cylinder (2"x4").............,_.._.,.__.-,.530fea (C942) Grout Prism (3")3"x6"),trimming included ...... .......... _..535/ea Masonry Prism (Assemblage): (C1314) 8"x8"x16"-8"xl2"xl6"........ ......................... .......... ..$200/ea (C1314) B"x16"x16' -10"x12'x16"_.„....................................$225/ea (C1314) 12"x12"x16" - 12"x16"x16"......._...:........ . ................5250/ea (C1314) Larger than 12"x16"x16".._.............. ........„................. .Quote 05/16/2024 Laboratory Tests' (continued) Huh Strength Solt, Nut, & Washer Tests: (A325/A490) Tensile Test on Bolts_........................__.__.....__$100/ea (A563) Proof Load Test on Nuts..._. ------ ...... _.__ .... _$100/ea (A325/A490) Hardness Test on Bolts ................ ............. ......._.$50/ea (A536) Hardness Test on Nuts ........•... ............. ..................... $50/ea (F4361 Hardness Test on Washers -------- .__.................... __........... $50/ea Weld Specimen Tests (€164) Ultrasonic Examination....................................Quote Machining & Prep of Test Specimen.._.........................__...Cost + 2046 (E381) Macrotech Test (3 Faces) -._ ........... ..._......_..... ._......... __ $355 ASPHALT TESTING Asphalt Properties:, (D2726/CT308/T166) Bulk Spec. Gray. Compacted HMA..... .._$100/ea (D1560/CT366) Stabilometer Value (HVEEM) ................ (D2041) Theoretical Max Specific Gravity ._.._...........:..:.....:.... $200/ea (D5444) Sieve Analysis of Extracted Asphalt .... ....... ................$250/ea (D6307/CT382) Percent Asphalt, Ignition Method ..................$175/ea (D1188) Unit Weight of Asphalt Core ........................................ S95/ea MISCELLANEOUS TESTING SERVICES Calibration of Hydraulic Ram: 100 Tan & Under...... ......... ...._.------........_.... ....._ 5250/ea 101 Tons — 200 Tons -- ........ _.............................. ............... $350/ea Use of Universal Tegi ng Machine: UTM with One Operator ............ ... _.......... ................... ....... 5400/ea Additional Technician ._....___ .... ................. ..._........ Regular Tech Rate Brick Test Set of 5 Specimens): (C67124-Hour Absorption, Cold Water—- .................. ...... .-. 5250/set (C67) 5-Hour Absorption, Boiling Water ................ ...............$250/set (C67) Compression Test or Modulus of Rupture _......... .......... 5300/set (C67) Each Additional Specimen, ................ ................_......_...$100/ea CON CRETE • . Mix Designs: (AC1211/AC1214) Concrete Mix Design .... ............. .............----- ..$450/ea (AC1211/AC1214) Review of Concrete Mix Design ....................5450/ea (C192) Concrete Trial Mix (includes equipment & labor)....-... 5650/ea Concrete Progenies (C39/CT521/T22) Camp. Strength, Concrete Cyl....... _ ..............$30/ea (C42/CT521/T22) Comp. Strength, Concrete/Gunite Core.........560/ea (C78/CT523) Flex. Strength of 6"x6"x21" Concrete Beam ....._.5125/ea (C174) Length Measuring of Drilled Cores_................._........_..5100/ea (C1140) Shotcrete Panel -Coring & Testing (Set of 3) ----- .........5350/set (C1140) Shotcrete Panel (each addtL specimen) .....................5125/ea (C496) Static Modulus of Elasticity .......... __ .............................$250/ea (C496) Drying Shrinkage (Set of 3, up to 28 days) ......... .......... $650/set (C642) Spec. Gravity, Absorp., Voids in Hardened Concrete......$95/ea (F1869) Vapor Emission Rate, Concrete Subfloor................. ._.,.$50/ea Spray ADyRed Firegrooline •2X Surcharge on rush turn -around for laboratory testing. (E605/E736) Fireproofing Oven Dry Density/Thickness.......... $125/ea "Fee applies for sampke storage, testing„ or disposal 15 05/16/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND ARAGON GEOTECHNICAL, INC. ON -CALL CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Aragon Geotechnical, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 05/16/2024 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at htt :/lwww.dir.ca. ov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to httE;l/www.dir.ca.gov/Public-Works/PublicWorks.html 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any 05/16/2024 and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 05/16/2024 b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or 05/16/2024 better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances_ The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project 05/16/2024 or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Aragon Geotechnical, Inc. Attn: C. Fernando Aragon 16801 Van Buren Blvd., Bldg. B Riverside, CA 92504 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern 05/16/2024 the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By Randi Johl, City Clerk APPROVED AS TO FORM: By (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: C. Fernando Aragon, Pre ent By: g. 2.- d,,,.r M rtha M. Aragon, Vice President Peter M. Thorson, City Attorney CONSULTANT on Geotechnical. Inc. Attn: C. Fernando Araaon 16801 Van Buren Blvd., Bldg. B Riverside, CA 92504 (961) 776-0345 fernando@aragongeo.com 05/16/2024 EXHIBIT A Tasks to be Performed The specific elements (scope of work) includes on -call geotechnical and materials testing services for Public Works projects. The general scope of service for each project will vary. Typical services that may be required on Public Works projects could include, but may not be limited to, some or all of the following services: • Subsurface Exploration, including but not limited to the following: o In -Place Moisture and Density Tests o Laboratory Maximum Density and Optimum Moisture Tests o Sieve Analysis o R-Value o Direct Shear Tests o Consolidation of Collapse Tests o PH, Resistivity, Soluble Sulfate, and Chloride Tests • Logs of the Exploratory Borings summarizing the subsurface conditions encountered, Results of Laboratory Testing, and a Plan indicating the Location of the Explorations ® Seismicity Geotechnical Evaluation and Recommendations, including but not limited to the following: o Grading o Earthwork o Settlement Considerations o Surface and Subsurface Drainage o Foundation, Column, and Slab Recommendations o Slope Stability o Soil Sulfate Content Implications o Utility Trench Backfill o Retaining Walls and recommended Lateral Earth Pressures used for Design o Pavement Design o Grading and Foundation Plan Review o Construction Monitoring o Pile Driving, if necessary o Lateral Earth Pressures • Discussion of the Existing Pavement or Site Conditions • Recommendations of Removal of Unsuitable Material • Soil Ferrous Corrosivity and Portland Cement Attack Potential Environmental Concerns / Hazards 10 05/16/2024 • Preparation of Phase I Environmental Reports of properties • Review of available Geologic Maps and Reports for the Region • Discussion of the Material Encountered in the Borings and Measured Engineering Properties • Preparation of Field and Final Compaction Reports, as required. A Summary of Findings and Recommendations in the Report • Review of Project Plans and Specifications with emphases on Geotechnical and Laboratory Materials Testing Services, and attend Progress Meetings, as required • Observation and Field Testing Services during all phases of Site Grading, including but not limited to Removal of Unsuitable Soils, Approval of Areas to receive Fill ad Mass Fill Placement • Field Observation and Testing during Trench Backfilling Operations • Field Density Testing during Subgrade and Base Compaction • Field Sampling and Testing of Base and Asphalt Concrete • All necessary Laboratory Tests to support Fielded Services, and to satisfy Caltrans and other regulatory agency requirements • Batch Plant Inspections Structure Backfill Observation and Testing • Concrete Sampling and Testing • Special Inspections • Consulting Services requiring Corrective and/or Remedial Recommendations, if necessary 11 05/16/2024 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 12 05/16/2024 ARAG6N GEOTECHNICAL, INC. 16801 Van Burets Bled. • Riveiskle. California 92504 (951) 776 0345 rr^ FEE SCHEDULE Aragon Geotechnical. Frtc. (AGQ provides 6onsulting services In th2 fields of sails and tau ndahen enameering. engirwfing geology. 03rthavake enginming. taull studie s. material *sbny, grouridwater g00". environmental studms and alter species inWcticrt servtoes- COMPOnSalron Tar Se""s will be based on the follomirig fee schedule. lABORAIORY TEST114G Soil Tests Compaclion Tast ie' mddI ASTM 1315W-MeMfod C...... $ Cornpwkn Test (4- ntddy ASTIti 1)1SSY-Mdhods AW ............ $ Rehifa Dert0y - CA Test 216..................................»..» $ Conso3datw Test - ASTNvI D243.5-Alalfrod A .._..... » .»....... $ Time Con caiidation Teg (Par IncmnlOM) .. ._....................... $ Drraan Shear Test (dm*-Wbe samdel ... _.. .».. $ Dlre>W Sh"r Togs remolded sanxsle)..._.._................ _ $ Dram 5hew Test 4rr+dual) ...... .... .... �.._...._.. ...._..._._. $ MoWwe-Damky Test- ASTM Ora ...................... $ E>aunslonhdexTeat- ASTM ei629....... ......_ ._..»......... $ Attal.�erg Ismils - ASTM 04315 3 CA Test 204 ...................... $ Sieve Anatyeis d Soft - ASTM ON13................................. $ Hydrometer Analyaia (mf Ve T).AST'M D422 ........___ ... _-... $ Mal" Paa*N thes2t72 Slevd-ASTM 01140-................... $ Mai•%h" Content of Saes • ASTM 02216 ... -.-.....-.............. $ t.WdjcGravity ofSoft - ASTM D8M . .................. S R-Value of Soll or Aggregate - CA Teat 301 ._-.--- S Calfornsa Bearing Ratio TaU 11 PLY - ASTM Dian ................... $ Rod Porft Load Tasi.............................................. ........ S Unconrnad C*RgNv"w Teat ............... .............................. $ Soil -Cement Compression Test ASTM D1633...................... S Soli -Cement Trloi Batch .................................................... 31i0 250 295 225 S5 210 3w am 35 190 M5 250 2M 1M 30 2% 350 am 7s 220 75 Quote Dry Pr> paratlan of Sofa - ASTM D421................. ...... __........ $ 100 P erniea 7l W Test - ASTM D2434...... .................:............ ..... Note TnaxialCornpreasgn Feat -AS TM ......... .................... .......... Qln]te 0wrn" Te41s Ipi-IValue & Stills - ASTM D4072............................................ $ 180 Commmn Series - CA Test 643.......„.........................».»..... MO Sulfate Ccixtlerd - CA Test 417 ........................ ................... S 60 Chip*@ Content- CA Teat 422.............. .»........... ..._......... ... $ so Aggregate Tests Speve An atom, Qw %lilla h -ASTM C136 r T 27 - CA Test =72 ...---, S Mozkire Corxent - AASHTO T26S.r CA Test 225 S Sandf;Qlxvalerrt-AAS?fTOTi7BfCATeas217.....»............-.. i Organic In+pLt+a& -Asim C401 Cal Taal 213 ........ ............. i Fine Spechc Gravity - AASHM T54 ! ASTM C120 ................... S Caar6e SPecAi; Gravely . AASHTO T85 i AWM CI ......... $ Clearness Value - CA TeM 227............... S Our,*ktyIndex(F)ne6Caaneei-CATWW0..-._:............... S Fla & Ebngatad - D4791._„............. S Onnhad Pwk*r, -AASKMTMV CA TOM 205.........__..._..... S ta'iuntp=tod Void Content. AASHTO T304._........ _ _.......... $ tang Wei" of Aygrogale - ASTM C29........................ ...... $ Cloy Lttnpa & F404 Pa -tides - ASTM C142 ......_.._.. .._._... $ LARaWff-AS TMCI31.C5359CA1"211.................. ..... S Lghrdetght Pleces of Aggnsgo6e (2.0 or 2.4 SPG) -ASTµ 023. S Sodum Su Kate SeurMness t2 Sieve Mtn-1 • ASTM CSBa'Skrre .... S Fine Aggregate Rasirtaince - ASTM 07428 .,- ...................... S Corecrste R Uneary Teets Concrete Compressive Strenp - ASTM C39 ......................... $ Mortar Campresehre Strength . ASTM CM ............. ___ .. - $ Grtwd Compre,"Ne Strength -ASTM C1019.......................... $ Prtem ComtVeWve5trenghh -ASTM C1314..-..._..-._............. $ 0"crde Flexural Strength . ASTM CTS3 CA Test 523 .............. $ Cm Cnmtpresaive StlanglhwArkn -ASTM C42 ....................... $ SpecKcGrnvnyofCore -ASIM642....... ............................. $ Concrete 5hnnkage Bars . ASTM C.15T (Set of 3) ................... $ Concrete Trim Batch - ASTM C 192 ........ ......... ........ ___ ........ Shotcrets Cantprisssi m Sbenglh Lob Cave - ASTM C1W4 ......... 5 Sho%rate Noz6entonGuaKcallon - ACl S09A ................._..,... S ISO 30 120 110 240 180 200 1w 215 205 AS 115 210 MS 4b0 190 am 35 65 65 ISO do 75 115 TOO Quaft 150 140 Concrete TYlai Batch - ASTM C 192......... ............................... Qwte DBE No, 45365 SBE No. 1182800 Page I of 2 rtnuwa.aragongieo.roni DIR No. 10(H]008509 13 05/16/2024 ARAG6N GEOTECRNICAL, INC. 16801 Van Buren Blvd. Rhmrstrls, Califamia 112504 (951) 77"345 Awbaft Tads % Ott by igaltion f MW4 - ASTV D SWT iAASHTO TM _......_ 1 210 9frr311byChemicalWcthod-ASTU02172 .......... ................. - S % Oil & Gradation RAP - CA 7esl 784 .... ......_ _ _._._....— S 300 Gradalliom of ExtrocLed Aggmgarc-:A$TIM DSiM ...... S 165 19ml ore Correction Fadar - ASTM D6W71 AASHTOT308 ..._.._ $ 850 Moll "CorOwt . AASHTO T329..........__ ...... S 30 Dm7tyofones(SSO)-ASTMD27M►AA5lirOTess...._....._ 3 so Danvty of Care {Coated) - AAS►iTO TITS f ASTM 01185 ........_. S 60 Cara lrleastmnw is -ASTM 0360 ......... __... ........ _.._..._. S 3S Air Void Dettrmrmabon -ASTM D32031AASHTO TM ............ S 80 Max Specific Cwvvity (liicel - ASTM 0213411 AASIKTO T209 ._..w S 165 Preparation by Marshall Method -ASTM M26 (Set of 3)- 3 210 Marshall Stadiity - ASTM 006 -7 I9et of 3'icm Tieko .........».» 3 240 Asphstt Mix Design-Marshall1 rNrINod .......... ........ +twee Premrstim by Rs e, m Mee+od - ASTM 01$61 {Set of 33 ...»........ S 2TS Ffvt� Stat),W - ASTM DI5W {Set of 3d S 37S Asphalt Hkx Desgn - Nvown Method ......... _.... ...... ........—.. Mate Prep by Sktwlave AAeffm4 • A5TM Dl>MI T 312{LTMI _. -_ $ 550 Rwnbkr•g Wheel Tra-M" - AASHTO T324 (Each) ................... S 1.150 Prep by Sperpave Shefhpd -.ASTM D8925 ! T 312 (Ea. FR) . S 165 Asphalt Mix Design - Superpsva Method ........ .._.. _..._... .. Ousts RAP Tem rig for JMF - LP-9 8 Cal Test M4 iarole Tensile Sfrorio Ratio - A45HT10 T283 ,.. ... Y 1.350 Centrik" Kerosene "Ovelerit . CA Teat 303 ..._»._........... $ imi] Swell Teat (Drive -Tube 5wToe) - CA Teat 305 ........ .............. $ 410 MVS Taal - CA Veal 307........ ........................... ... ............. i 480 Asphalt Mix Design -Gold ti Place Recycled .1...... ........ ..... - Quote Steal & Other Tests Tensile & 8end Test (*3 to rib) - ASTM A310 & E2 0 .........._ 3 250 Tinrfslle & Bend Teat (09 to *I I) - ASTM A3T0 & E290 .......___. 3 300 Tensile d Bend Test (614 F) . ASTM A370 & E290 ....... Quota 3hickneas and Oeaaity of SFRM • ASTM E605 ._ _.... — i 150 Cone&KWAdhesianofSFRM-ASTME736(Kl!Ord)il.............. 4 60 Comments - Project related axW ass Will be billed as f*11149 t out. EmAllsim a at edw Teab Rm eiing Test of Gold MOW 6m/eilled -A5TM 071111110 Wo a I Track abm6 m Test - TO I D0 ........... ....... .._. 3 1 T5 Saybott Furs teocosky • AAs11TO TsT __.._ _ ._.. ..... S 2W Serve Tess <%] • AASHTO T59 ....... . _ _,_.. = 80 Storage StabMV - AASHTO T59 .......... _,... 3 250 Residue by Disci sfoan . AASHTO T3$ ..... _._.».... ....».»..».. 3 175 Particle Charge - AASHTO T59 ....._........ . ....... .. .... i 7S Peneladon - AASHTO 749 ..._._._.._ _. .._.... 3 so Ducofity-AASHTO151........ S 120 SohrWity in TriCiforEtlly%m-AASHTO T44 _. .» » .» . S 375 Residue by Evaporatwn - AASKrO T59--__-....... S 105 PROFESSIONAL & TECHNICAL STAFF pfilftod Euvr4w amhoir)._.._... _.._.___..... ...-............. ..._..._.. s 185 155 185 5dtiorC,e�klgeet{►�erhoraT-.._..._........... .......... ............._.._._..E 165 PvqectEngireer ............... i 145 3 145 SIaSf F_g neer ("rl out--.. ........ .....�_.._.. $ 135 Slaff Geolo" (whoo r)...................................................... $ 135 Project Marr"er r Sapervi" Technician tiler howl---- ---- -. .- $ 135 Reid Technician ISpeaillmWemoir(Ptev**gWgQ)--•....... . S 137 Laboratory Techrrdan .............. w.,.. _... ... .... ...... 3 90 DraRsperw [Pet horx Tecbmcal Word ProeesNng its te(xr)................. ........... .._. .. 3 55 Forensic Ctrnsulting & Tes0prig (4 hrs. nvnimum).................... 3 sm Mileage(Perm9a).............................................................. S 0.75 Per Dkem (leer day) ...... ....................................... 5 300 Mobile Lab MotNIiLa11an1i7er1Mbi117ation (each occurrence) ....... S 1,5W O"Mme for teehnrral peraalnet vA be Charged at the base rate Sines 1,5 per hour for lime In excess of 8 hours, but less than 12 hours, per day and Saturdays. Time over 12 hours per day, Sundays and hokdaye wll be charged at the Wm rate tenses 2. There Is a rr4mmurn Our" of 4 haves - Refer to oonNimi a b6ow. EFFECTIVE JANUARY 2024 By: Mcial Authorized to Bind the Business. Page 2 of 2 www.aragorigeo.com DBE No. 45365 SBE No. 1182800 I]IR No- IM( M)ii509 14 05/16/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND MONUMENT ON -CALL PROPERTY ACQUISITION SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Monument, a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 05/16/2024 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http:l/www.dir.ca.gov/Public-Works/PublicWorks.html 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any 05/16/2024 and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the SuccessorAgency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 05/16/2024 b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptabilitv of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or 05/16/2024 better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances_ The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project 05/16/2024 or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Monument Attn: Amber Costello 200 Spectrum Center, Suite 300 Irvine, CA 92618 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 05/16/2024 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By Randi Johl, City Clerk APPROVED AS TO FORM: By: (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Amb& Costello, President Joey rendoza, Secretary and Vice Presid nt Peter M. Thorson, City Attorney CONSULTANT Monument Attn: Amber Costelle 200 Spectrum Center, Suite 300 Irvine, CA 92618 _(800) 577-0109 9 05/16/2024 EXHIBIT A Tasks to be Performed The specific elements (scope of work) includes on -call property acquisition services for Public Works projects. The general scope of service for each project will vary. Typical services that may be required on Public Works projects could include, but may not be limited to, some or all of the following services: ■ Research and/or Review Title Reports • Prepare necessary Surveys and Identify Existing Right of Way • Prepare Description of Properties including, but not limited to, present use, zoning, shape contour and elevations, utilities, etc. ■ Prepare necessary Legal Descriptions, Exhibits, and any other miscellaneous services for acquisition purposes Provide assistance to the City, as necessary, to Acquire Right of Way, including Negotiations with Property Owners, Relocation Assistance, Valuation of Business Goodwill, Preparation of Easement Documents, and Permission to Enter/Grade Letters, etc. • Appraise Properties for the purpose of estimating fair market value, provide Appraisal Reports, and Perform Review Appraisals 10 05/16/2024 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 11 05/16/2024 M MONUMENT 2024 HOURLY RATE SCHEDULE �L Right of Way Management & Implementation I Program Manager / Principal $290.00 per hour Senior Project Manager / Sr. Utility Project Manager $210.00 per hour ROW Project Manager 2 / Utility Project Manager 2 ROW Project Manager 1 / Utility Project Manager 1 $190.00 per hour $160.00 per hour Utility Coordinator $130.00 per hour Senior Acquisition Agent / Senior Relocation Agent / Senior $145.00 per hour Analyst Acquisition Agent 2 / Relocation Agent 2 / Property Manager $120.00 per hour Acquisition Agent 1/ Relocation Agent 1 $110.00 per hour Senior Project Coordinator Project Coordinator 2 Project Coordinator 1 Senior Project Analyst Project Analyst Researcher Project Support / Administrative Professional Staff Project Controller 2 $120.00 per hour $110.00 per hour $100.00 per hour $135.00 per hour { $110.00 per hour $90.00 per hour $05.00 per hour $100,00 per hour 12 05/16/2024 171 Project Controller 1 $75.00 per hour Project Support Specialist $75.00 per hour CBRE SCHEUDLE OF HOURLY RATES Rick Donahue. MAI $350/hour - Appraisal & Consulting $450/hour - Trial Preparation and Expert Witness Testimony Staff Appraisers $225/hour to $325/hour Senior Valuation Associates $140/hour to $210/hour Valuation Associates $120/hour to $135/hour 13 05/16/2024 MARK THOMAS & COMPANY', INC. RATE SCHEDULE EXPIRES JUNE30.20+25 Engineering Surveying Intern $55 - $104 Survey Technician 1-I11 $61 - $194 Technician $75 - $159 Lead Surrey Technician $132 - 5205 Design Engineer 1 $97 - $180 Survey Specialist I-IIl 5113 - $289 Design Engineer 11 $123 - $217 Asst Surveyor 1-III $113- $213 Sr. Technician 5130 - $217 Project Surveyor 1-111 $168 - $278 Civil Engineering Designer $330 - $247 * Chief of Party $379 - $273 Protect Engineer $162 - $228 * Instrumentperson $165 - $244 Sr Project Engineer $181 - $261 * Chainperson $156 - $230 Sr_ Technical Engineer 5181 -$261 * ARprentice $78 - $184 Technical Lead $201 - $311 * 2-Person Crew $275 - $420 Sr. Technical Lead 5243 - $390 ' 3-Person Crew 5425 - $525 Design Manager $327 - $431 * Utility Locator $141 - $236 Engineering Manager $340 - $416 * 2-person Utility Locate $290 - $47 3 Sr_ Engineering Manager $363 - $543 Drone $263 Construction Management Project MAanagement& Oversight Office Tethnicoan $77 - $124 Project Manager $201 - $311 Office Engineer $123 - $247 Sr_ Project Manager $243 - $390 * Asst. Resident Engineer $178 - $3 44 Survey Manager 1-11 $222 - $337 * Inspector - CM $138 - $383 Davisicn Manager $275 - $486 Project Controls/Scheduler $172 - $340 Principal $447 - $S62 Resident Engineer $233 - $374 Sr. Resident Engineer $292 - $412 Project Support Area Manager - CM $340 - $543 Technica#'Sr_ Technxal Writer $68 - $210 Project/Sr. Project Assistant $78 - $161 Planning PrgiecVSr. Project Coordinator $107 - $205 Planner 1 $91 - $133 Graphic/Sr_ Graphic Designer $113 - 5225 Planner 11 $100 - $184 Project/Sr, Project Accountant 5317 - $217 Sr. Planner $123 - $217 Sr, Graphic Manager $162 - $251 Project Accountant Manager $378 - $261 Landscape Architecture/Urban Design Landscape Intern $55 - $104 Distrkt Management Landscape Designer 1 $87 - $137 * Inspector - Apprentice $68 - 5127 Landscape Designer 11 5107 - $172 * Inspector,/Sr_ Inspector $1€0 - S187 Landscape Architect 5123 - $235 Assistant,/Asuaciate Sanitary Engineer $156- $247 Sr. Landscape Architect 5133 - $258 Sanitary/Sr. Sanitary Project Engineer $185 - 5337 Operations/Deputy District Manager $253 - $404 Grant Writing District Manager -Engineer $.356 - $442 Funding Specialist 5123 - $254 Sr_ Funding Specialist S168 - $29,0 Special Services Funding Manager $285 - $393 Expert Witness S539 Strategic Consulting $519 14 05/16/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND BENDER ROSENTHAL INCORPORATED ON -CALL PROPERTY ACQUISITION SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and BENDER ROSENTHAL INCORPORATED, a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 05/16/2024 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.Car.gov/Public-Works/PublicWorks.html 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any 05/16/2024 and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 05/16/2024 b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or 05/16/2024 better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances_ The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project 05/16/2024 or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Bender Rosenthal Incorporated Attn: Renee Baur 2825 Watt Avenue, Suite 200 Sacramento, CA 95821 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 05/16/2024 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: ;��a Renee Baur, PMP. CA RE Broker, Chief Executive Officer By: By: Randi Johl, City Clerk Chip fillet, Vice President APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Bender Rosenthal Incorporated Attn: Renee Baur 2825 Watt Avenue, Suite 200 Sacramento, CA 95821 (916) 978-4900 r.baur@benderrosenthal.com 9 05/16/2024 EXHIBIT A Tasks to be Performed The specific elements (scope of work) includes on -call property acquisition services for Public Works projects. The general scope of service for each project will vary. Typical services that may be required on Public Works projects could include, but may not be limited to, some or all of the following services: • Research and/or Review Title Reports Prepare necessary Surveys and Identify Existing Right of Way Prepare Description of Properties including, but not limited to, present use, zoning, shape contour and elevations, utilities, etc. • Prepare necessary Legal Descriptions, Exhibits, and any other miscellaneous services for acquisition purposes Provide assistance to the City, as necessary, to Acquire Right of Way, including Negotiations with Property Owners, Relocation Assistance, Valuation of Business Goodwill, Preparation of Easement Documents, and Permission to Enter/Grade Letters, etc. • Appraise Properties for the purpose of estimating fair market value, provide Appraisal Reports, and Perform Review Appraisals 10 05/16/2024 AM I . Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 11 05/16/2024 FEE SCHEUDLE - OPTION 1 2024 HOURLY BILLING RATES Principal Project Manager Senior Project Manager Project Manager Assistant Project Manager Sr. Designated Member (MAIISRA/AI-GRS/ARA) Designated Member (MAI/SRA/Al-GRSIARA) Senior Appraiser Appraiser Senior Right of Way Specialist Senior Acquisition Agent Acquisition Agent Senior Project Coordinator Project Coordinator Senior Land Agent Land Agent Researcher Administrative Support III Administrative Support II Administrative Support City of Temecula April 24, 2024 Page 2 $250/hr. $225/hr. $190/hr. $150/hr. $220/hr.' $195/hr.' $175/hr. $150/hr. $175/hr. $150/hr. $120/hr. $135/hr. $100/hr. $125/hr. $100/hr. $ 90/hr. $ 85/hr. $ 70/hr. $ 50/hr. 'NOTE: For court or briefing preparation, depositions, any pre-trial conferences, court appearances, and related activities, the hourly rate is $450. Rates are valid January 1, 2024 through December 31, 2024. Valuation Services, including appraisals, appraisal reviews, and waiver valuations will be bitted as lump sum services with the fee determined upon receipt of the scope of work. Subconsultant Invoices will be marked up by 5% for processing services. Mileage/Postage at cost. 2C' 5 Sr,ia tr u,. _�, i.�e, SuiTe 21. `arr:'Arnemn a On1F:iz.95321 be,tden u--n that. con j `I `5=97 ,4900 12 05/16/2024 FEE 5CHEUDLE - OPTION 2 Final appraisal fees will be determined by the scope of work. The below costs represent BRI's genet -at unit fees for the potentially impacted property types. APPRAISAL Item Description Cost imm WIMUTME, M-2 Non -Complex Appraisal - Full Acquisition of a Single Family Property $4,000 Non -Complex Appraisal - Partial Acquisition of a Single Fatuity Property $4,500 Complex Appraisal - Full Acquisition of a Single Family Property $4,500 Complex Appraisal - Partial Acquisition of a Single Family Property $5,800 Multi Family Property Non -Complex Appraisal - Full Acquisition of a Multi. Family Property $4,500 Non -Complex Appraisal - Partial Acquisition of a Multi Family Property $5,000 Complex Appraisal - Fall Acquisition of a Multi Family Property $5,000 Complex Appraisal - Partial Acquisition of a Multi Family Property PropertyCommercial Non -Complex Appraisal - Full Acquisition of a Commercial Property $6,000 $47550 Non -Complex Appraisal - Partial Acquisition of a Commercial Property $4,750 Complex Appraisal - Full Acquisition of a Commercial Property $53,000 Complex Appraisal - Partial Acquisition of a Commercial Property PropertyIndustrial Non -Complex Appraisal - Full Acquisition of an Industrial Property $5,300 $4,550 Non -Complex Appraisal - Partial Acquisition of an Industrial Property $4,750 Complex Appraisal - Full Acquisition of an Industrial Property $52000 Complex Appraisal - Partial Acquisition of an industrial Property Agricultural Land Non -Complex Appraisal - Full Acquisition of Agricultural Land $5,300 $4,000 Non -Complex Appraisal - Partial Acquisition of Agricultural Land $4,300 Complex Appraisal - Full Acquisition of Agricultural Land $4,500 Complex Appraisal - Partial Acquisition of Agricultural Land Vacant Property Non -Complex Appraisal - Full Acquisition of a Vacant Property $4,700 W_ $31200 Non -Complex Appraisal - Partial Acquisition of a Vacant Property $3,500 Complex Appraisal - Full Acquisition Of a Vacant Property $3,700 Complex Appraisal - Partial Acquisition of a Vacant Property $4,000 13 05/16/2024 City of Temecula April 24, 2024 Page 4 Special- Property Non -Complex Appraisal - Full Acquisition of a Special Use Property $5,000 Non -Complex Appraisal - Partial Acquisition of a Special Use Property $5,200 Complex Appraisal - Full Acquisition of a Special Use Property $6,000 Complex Appraisal - Partial Acquisition of a Special Use Property Additional.. .- Appraisal - Railroad Property $6,500 $6,500 Appraisal - Environmental Mitigation Purposes $5,500 ACQUISITION Item Description Permit to Enter / Right of Entry $1,200 Lease / License $2,000 Joint Use Agreement $2,000 Temporary Construction Easement $2,500 Partial Acquisition $3,500 Full Acquisition $3,500 Preliminary Title Report $850 Right of Way Estimate 1 Data Sheet $5,000 Escrow $1,200 Right of Way Certification $2,500 Acquisition and escrow services will be billed at the following milestones: 14 05/16/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND STC TRAFFIC, INC. ON -CALL TRAFFIC ENGINEERING SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula , a municipal corporation hereinafter referred to as "City"), and STC Traffic, Inc., a Corporation, (hereinafter referred to as "Consultant" ). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 06/04/2024 5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to liftp://www.dir.ca.gov/Public-Works/PublicWorks.html 6. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 06/04/2024 8. DEFAULT OF CONSULTANT a. The Consultant failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant. 10. INDEMNIFICATION a. Indemnity for Desi n Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials 06/04/2024 (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8. b. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. 1) Minimum Sco a of Insurance. Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Concessionaire has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. O6/04/2024 By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. a. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. b. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Contractor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 06/04/2024 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Vendor, and all subcontractors must agree in writing to be bound by the provisions of this section. c. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. d. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. e. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 06/04/2024 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: STC Traffic, Inc. Attn: Jason Stack 5973 Avenida Encinas, Suite 218 Carlsbad, CA 92009 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 06/04/2024 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 06/04/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: STC TRAFFIC, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Jason Stack, President By: _ Peter M. Thorson, City Attorney Consultant STC Traffic, Inc. Jason Stack President 5973 Avenida Encinas, Suite 218 Carlsbad, CA 92008 760 602-4290 jason.stack@stctraffic.com 06/04/2024 EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: The consultant shall be able to provide the City with expertise, reviews, or designs associated with: Citywide Speed Surveys. Traffic engineering design plans including traffic signals, street lighting, signal communications, signing/striping, and traffic control. Roundabout layouts and geometric designs. • Traffic signal timing plans. R Traffic signal coordination timing plans. • Traffic engineering studies, including traffic investigations, safety analyses, corridor studies, feasibility analyses, and traffic impact studies. • Intelligent Transportation Systems (ITS) designs. Fiber communications planning and designs. • Training and guiding staff on City traffic signal management systems, traffic signal controllers, network equipment, and integration of related traffic signal equipment. • Preparation of local, state, and federal grants. • Provide other traffic engineering related professional services as required. 10 06/04/2024 EXHIBIT B PAYMENT RATES AND SCHEDULE Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1, 000, 000 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. STC's detailed fee schedule is included below. STC is a local business and there are no direct costs for mileage. Outsourced reimbursable expenses such as printing and reproduction, deliveries and overnight shipping, computerized plotting, materials, etc., will be charged to the client at the consultant's cost without mark-up, Executive/Managernent PrincipakIn-Charge Rate S290 Senior Principal iManager S270 Principal Manager Senior Project Manager 5260 S240 Project Manager III 5220 Project Manager 11 5210 $20Professional $230 Project Manager I Engineering Principal Engineer Senior Project Engineer $210 Project Engineer III $190 Project Engineer II $160 Project Engineer I Professional Planning Principal Planner S140 $200 Senior Project Planner S180 Project Planner 111 $170 Project Planner II 5140 Project Planner I $120 Senior Systerns Engineer Technical 5220 Specialist Systems Engineer / €echnical 5200 Specialist III Systems Engineer /Technical $170 Specialist 11 5150 Systems Engineer/ technical Specialist I Construction Manager $240 Senior Construction $220 En ineer/Ins coot Construction Engineer/Inspector III S190 Construction Engineer/Inspector 11 $160 Construction Engineer/Inspector 1 $140 Senior Drafter $160 Drafter III S150 Drafter It S130 Drafter $110 Other Classifications Intern 5100 Expert Witness 5400 Roundabout Design Expert (Subcontractor) S175 Michael 1. Wallwork 11 06/04/2024 T. Board of Directors Resolution TO: City of Temecula 41000 Main Street Temecula, CA 92590 RE: Corporate Resolution for Signature Authority This is a Certified Copy of Resolution that was passed at a Meeting of the Board of Directors of STC Traffic, Inc., a California Corporation, at which a quorum was present on January 10, 2023. RESOLVED, that this Board of Directors hereby authorized and directs the following: 1. Jason Stack, TE, PTOE, President Email: jason.stack,agUralFc.com Address: 5973 Avenida Encinas, #218 1 Carlsbad I CA 192008 Phone: (760) 602-4290 is authorized for single signature authority, to sign contracts, amendments to contracts, review various claims, binding the firm to any agreement and all instruments on behalf of STC Traffic, Inc. Board of Directors and Management Team. Jason Stack, President Chairman of the Board of Directors Mary (Sandra) Sass, CFO Anya needy, Secretary Adam Lemberg, Director STC Traffic, Inc. 5973 Avenida Encinas, Suite 218 1 Carlsbad I CA 192009 Phone: (760) 602-4290 1 www.sturaffic.com AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND WILLDAN ENGINEERING ON -CALL TRAFFIC ENGINEERING SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation hereinafter referred to as "City"), and Willdan Engineering, a Corporation, (hereinafter referred to as "Consultant" ). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 06/04/2024 5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html 6. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 06/04/2024 8. DEFAULT OF CONSULTANT a. The Consultant failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant. 10. INDEMNIFICATION a. Indemnity for Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials 06/04/2024 (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8. b. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. 1) Minimum Scope of Insurance. Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Concessionaire has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 06/04/2024 By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. a. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. b. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Contractor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 06/04/2024 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Vendor, and all subcontractors must agree in writing to be bound by the provisions of this section. c. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. d. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. e. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 06/04/2024 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Willdan Engineering Attn: Jeffrey Lau 27368 Via Industria, Suite 200 Temecula, CA 92590 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 06/04/2024 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 06/04/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA WILLDAN ENGINEERING (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: James Stewart, Mayor Vanessa Muno , President ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Kate Nguye , Secretary By: Peter M. Thorson, City Attorney Consultant Willdan Enaineerin Attn: Jeffrey Lau 27368 Via Industria, Suite 200 Temecula, CA 92590 (562) 364-8526 jlau@willdan.com 06/04/2024 EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: The consultant shall be able to provide the City with expertise, reviews, or designs associated with: • Citywide Speed Surveys. • Traffic engineering design plans including traffic signals, street lighting, signal communications, signing/striping, and traffic control. • Roundabout layouts and geometric designs. • Traffic signal timing plans. • Traffic signal coordination timing plans. • Traffic engineering studies, including traffic investigations, safety analyses, corridor studies, feasibility analyses, and traffic impact studies. • Intelligent Transportation Systems (ITS) designs. • Fiber communications planning and designs. • Training and guiding staff on City traffic signal management systems, traffic signal controllers, network equipment, and integration of related traffic signal equipment. • Preparation of local, state, and federal grants. • Provide other traffic engineering related professional services as required. 10 06/04/2024 EXHIBIT B PAYMENT RATES AND SCHEDULE Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1, 000, 000 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 11 06/04/2024 WILLDAN ENGINEERING W'WILLDAN Schedule of Hourly Rates FffeciUve July f, 2024 to .tune 30, 2025 Technical Aide 1 $81 Assistant Code Enforcement $106 Labor Compliance Specialist $146 Technical Aide II 5103 Officer Labor Compliance Manager $103 Technical Aide III $120 Code Enforcement Officer $121 Utility Coordinator $167 CAD Operator 1 5128 Senior Code Enforcement Officer $143 Office Engineer I $147 CAD Operator II $148 Supervisor Code Enforcement $173 $161) CAD Operator 111 $165 Fire Plans Examiner $173 Office Engineer II GIS Analyst I $16B Senior Fire Plans Examiner $189 Assistant Construction Manager $167 GIS Analyst 11 $184 Fire Inspector $159 Construction Manager $1B5 GIS Analyst III $191 Senior Fire Inspector $173 Senior Construction Manager $21)1 Environmental Analyst 1 $144 Fire Marshal $204 Resident Engineer 1 $209 Environmental Analyst 11 $161 Plans ExaminerAide $114 Resident Engineer II $216 Environmental Analyst III $171 Plans Exanner $173 Project Manager IV $2334 Environmental Specialist $185 Senior Plans Examiner $189 Deputy Director $243 Designer 1 $173 Assistant Construction Permit $121 Director $249 Designer 11 $179 Specialist • e • Senior Designer 1 3188 Construction Permit Specialist $128 $131 Senior Construction Permit $150 Public Works Observer'" Senior Designer)) $19i Specialist Public Works Observer" ' $159 Design Manager $196 Supervising Construction Permit $159 Senior Public Works Observer"` $143 Senior Design Manager $206 Specialist "` $159 Project Manager) 5186 Assistant Building Inspector $143 Senior Public Works Observer Project Manager II W Building Inspector $159 l Project Manager I11 $217 Senior Building Inspector $173 Survey Analyst1 $147 Project Manager IV $234 Supervising Building Inspector $189 Survey Analyst II $169 Principal Project Manager $230 Inspector of Record $202 Senior Survey Analyst $187 Program Manager 1 $197 Deputy Building Official S205 Supervisor- Survey S Mapping $2D3 Program Manager II $209 Building Official $210 Principal Project Manager $238 Program Manager III $228 Plan Check Engineer $205 l Assistant Engineer 1 $141 Supervising Plan Check Engineer $215 Assistant Landscape Architect $153 Assistant Engineer II $157 Principal Project Manager S238 $1 76 Assistant Engineer III $166 Deputy Director $243 Associate Landscape Architect Assistant Engineer IV$175 director $249 Senior Landscape Architect $193 Associate Engineer 1 $184 Principal Landscape Architect $ 204 Associate Engineer II ;192 CDBG Technician $86 Principal Project Manager $238 Associate Engineer 111 $196 CDBG Specialists $103 F Senior Engineer $199 CDBG Analyst $122 Administrative Assistant 1 $99 Senior Engineer 11 $204 CDBG Coordinator $152 Administrative Assistant II S120 Senior Engineer III W CDBG Manager $183 Administrative Assistant III $140 Senior Engineer 'IV $211 Housing Program Coordinator $151 Project Accountant I 5112 Supervising Engineer $2i9 Planning Technician $130 Project Accountant 11 $132 Traffic Engineer 1 $219 Assistant Planner $1fi2 Project Controller 1 $140 Traffic Engineer II $234 Associate Planner $176 Project Controller II $158 City Engineer 1 $234 Senior Planner $200 City Engineer II $23B Principal Planner $209 Deputy Director S243 Planning Manager $221 Director $249 Deputy Director $243 Principal Engineer $270 Director $249 •• For Non -Prevailing Wage Project "• For Prevailing Wage Project MieagerFreld Vehicle usage will he charged atthe rate n accordancewith the current FTR mileage resubursement rate, subjectto nelptatim_ Additional billing classifications may be added to the above listing during the yearas new positions amereat-d. Consultation in connection with lifigation and court appearances will be quDtad separately. The above schedule is far straight time. Overtime will be charged at 1,5 times, and Sundays and hdidays, 2.0 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A sub consultant managementfee of fifteen percent (15%) will be added to the direct castof all sub consultant services to provide for the cost of administratim, consutafim, and coordination. Valid July 1, 2024 thru June 30, 2025, thereafter, the rates may be raised once per year to the value between the 12-month % change of the Consumer Price Index fir the Los AngeleslOrange Cou nty!Sacm mento1san Franasowsan Jose area and five percent For prevailing wage aassificalims, the increase will be per the prevailing wage increase set by the Calftmia Department of In dustial Relations. 12 06/04/2024 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND ADVANTEC CONSULTING ENGINEERS, INC. ON -CALL TRAFFIC ENGINEERING SERVICES THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula , a municipal corporation hereinafter referred to as "City"), and ADVANTEC Consulting Engineers, Inc., a Corporation, (hereinafter referred to as "Consultant' ). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or 06/04/2024 service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html 6. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement 06/04/2024 pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant. 06/04/2024 10. INDEMNIFICATION a. Indemnity for Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8. b. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. 1) Minimum Scope of Insurance. Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Concessionaire has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to 06/04/2024 it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. a. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. b. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Contractor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 06/04/2024 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Vendor, and all subcontractors must agree in writing to be bound by the provisions of this section. c. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. d. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. e. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 06/04/2024 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: ADVANTEC Consulting Engineers, Inc. Attn: John Dorado 21700 Copley Drive, Suite 350 Diamond Bar, CA 92765 06/04/2024 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 06/04/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: ADVANTEC CONSULTING ENGINEERS, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf o By: Carlos A. Ortiz, Chief Executive Officer Pauline Yip, Secr�t� Peter M. Thorson, City Attorney Consultant ADVANTEC Consulting Engineers, Inc. Attn: John Dorado 21700 Copley Drive, Suite 350 Diamond Bar, CA 91765 (714) 904-0067 jdorado@advantec-usa.com 06/04/2024 EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: The consultant shall be able to provide the City with expertise, reviews, or designs associated with: • Citywide Speed Surveys. • Traffic engineering design plans including traffic signals, street lighting, signal communications, signing/striping, and traffic control. • Roundabout layouts and geometric designs. • Traffic signal timing plans. • Traffic signal coordination timing plans. • Traffic engineering studies including traffic investigations, safety analyses, corridor studies, feasibility analyses, and traffic impact studies. • Intelligent Transportation Systems (ITS) designs. • Fiber communications planning and designs. • Training and guiding staff on City traffic signal management systems, traffic signal controllers, network equipment, and integration of related traffic signal equipment. • Preparation of local, state, and federal grants. • Provide other traffic engineering related professional services as required. 06/04/2024 EXHIBIT B PAYMENT RATES AND SCHEDULE Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1, 000, 000 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 06/04/2024 AD1, Z NTE t rill �Ilt�t�Ill �' E,l, illee)-; Hourly Rates Effective January 2024. Jassification Raie Project Eiirectnr 1]375 ; h 0 U r Senior='roject N-1anager':'lll S3 1 r : hour Senior Project Manager VII S2 50 ,' 170Ur Project N,lanager' SenOr Engineer VI S220 ,' hour F'rc_iject Manager,," EngineerV-3 S200 , hour Project rdanager�' EngineerV-2 S'ISO 17c_rur Project P.ianager,' Engineer V-1 S'I t_,0 , hour Associate Engineer IV S 145 hour Assadaie Engineer III S'l'35 ;' hour Assistant Engineer 11 S`125 hour Assistant Engineer I S110 ,' hour Adminisiratiw e III S140 ,` hour Adminisiratr e II S 120 ' hour Adminisirative- I S'100 , hoar Mileage In House Ploiting (rt, vIar), In House Plotting (Bond) 01her Direct t=`.osts Direct Costs Effective January 2024 C.Urrent Rate per IRS S20.00 per D-size sheet S Iu.DC1 per D-size sheet. At Cost + '10`'O' admin 06/04/2024 COUNTS UNLIMITED. INC. - ON -CALL HOURLY BILLING RATES Effective 2024 through 2028 Hourly Billing Rates Counts Unlimited, Inc. Classification Hourly Rate Project Manager $125.00 Assistant Project Manager $80.00 Field Technician $60.00 Various Traffic Count Staff $45.00 Counts Unlimited. Inc. - Direct Cost Rates Intersection Vehicle Turning Movement Counts Standard Turning Movement Count $40 per hour Classified Turning Movement Count $45 per hour 24 Hour Machine Traffic Volume Counts Entering Volume $55 per approach Directional Volume $90 per site Classification ,/ Speed $200 per site Pedestrian / Bicycle Counts (No vehicles included) $25 per hour Speed Radar Surveys 1 Hour or 100 cars: whichever comes first $75 each Parking Surveys Occupancy $50 per hour Duration / Turnover $75 per hour License Plate Surveys $100 per hour Field Survey of Existing Conditions $50 per hour Counts Unlimited. Inc. • PC Bur: 1178 • Corena, CA 92878 • T 951 26--8 6268 - F 951 2sg 6267 • wew.countsuniimite-cem ,�iyc� 3PURzl Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: July 9, 2024 SUBJECT: Approve Design -Build Agreement and General Conditions with De La Secura Builders, Inc. for the Ronald Reagan Sports Park Hockey Rink, Project No. PW22- 06 PREPARED BY: Nino Abad, Senior Civil Engineer Kellen Freeman, Assistant Engineer RECOMMENDATION: That the City Council: 1. Appropriate $500,000 in Developer Contributions from the Extraordinary Benefit Payment received from the Rendezvous Apartments project to the Ronald Reagan Sports Park Hockey Rink, Project No. PW22-06; and 2. Approve the Design -Build Agreement and General Conditions with De La Secura Builders, Inc. with a Guaranteed Maximum Price amount of $2,957,062, for the Ronald Reagan Sports Park Hockey Rink, Project No. PW22-06; and 3. Authorize the City Manager to approve construction contract change orders up to 10% of the agreement amount, $295,706.20. BACKGROUND: The Ronald Reagan Sports Park Hockey Rink is an existing facility located within Ronald Reagan Sports Park at 30875 Rancho Vista Road. For many years, the hockey rink has been utilized by various roller sports including inline hockey and roller derby. At this time, the hockey rink and associated amenities are in need of various upgrades and repairs. The Ronald Reagan Sports Park Hockey Rink Project, PW22-06 proposes to upgrade the existing facility by replacing the play surface with sports tiling and replacing the existing dasher board around the rink. The project also includes construction of a new roof structure over the existing rink which will include lighting, a new scoreboard, and a push/pull fan system. Various ADA improvements to the bleachers and pathway from the parking lot to the facility are also included. Staff has determined that the design -build method of project delivery is the most appropriate contracting method for this project. As required for Local Agency Design -Build Projects per California Public Contract Code (PCC) Section 22164, all bidders were pre -qualified. On September 27, 2023, the Department of Public Works posted a Request for Qualifications (RFQ) on the City's bid site, PlanetBids. Staff evaluated the statements of qualifications received, and on November 14, 2023 the City Council Pre -Qualified the following two (2) firms: 1. Byrom -Davey, Inc. 2. De La Secura, Inc. On December 20, 2023 the City issued a Request for Proposal (RFP) to the prequalified firms. However, the City was not able to issue a contract as the project budget was insufficient to design and construct the intended facility in a single phase. The RFP was reissued on March 8, 2024, with an increased budget amount. The new budget was approved on May 28, 2024, as part of the FY 2024/25 CIP Budget. Two (2) responsive proposals were received on March 29, 2024, from the following Design -Build firms: 1. Byrom -Davey, Inc. 2. De La Secura Builders, Inc. Staff has evaluated the two (2) responsive design -build proposals and has determined that De La Secura Builders, Inc. (DLS) submitted the "best value" proposal per section 22164 of the Public Contract Code (PCC). During negotiations with DLS, and in consultation with the City Manager's office, staff negotiated an increase in project scope for replacement of the entire dasher board system as well as well as plexi glass around the entire rink in lieu of the combination plexi glass and chain -link in the original scope of the project. These improvements require an additional appropriation of funds. Staff has completed negotiations with DLS and reached an agreement amenable to both parties. Therefore, it is the recommendation of staff that the Temecula City Council award the Design - Build Contract to DLS for the Ronald Reagan Sports Park Hockey Rink, Project No. PW22-06 for the Guaranteed Maximum Price of $2,957,062.00. This price consists of $90,909.00 for design, $2,621,655.03 for construction, and $244,497.97 for profit. It is anticipated that the project will be deemed Categorically Exempt from the California Environmental Quality Act. The appropriate environmental studies, document, and clearance will be completed concurrent with the design phase, prior to construction. FISCAL IMPACT: The Ronald Reagan Sports Park Hockey Rink project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2025-29 with funds including DIF (Quimby), DIF (Park & Rec Improvements), and Measure S. With the additional allocation of $500,000 of Extraordinary Benefit Payment Developer Contributions from the Rendezvous Apartment Project, there are sufficient funds to award this Design -Build agreement for $2,957,062.00, plus the $295,706.20 contingency, for a total encumbrance of $3,252,768.20. ATTACHMENTS: 1. Design -Build Agreement 2. General Conditions 3. Project Description Standard Form of Agreement Between Owner and Design - Builder — Cost Plus Fee with an Option for a Guaranteed Maximum Price Design -Build Institute of America - Contract Documents LICENSE AGREEMENT By using the DBIA Contract Documents, you agree to and are bound by the terms of this License Agreement. 1. License. The Design -Build Institute of America ("DBIA") provides DBIA Contract Documents and licenses their use worldwide. You acknowledge that DBIA Contract Documents are protected by the copyright laws of the United States. You have a limited nonexclusive license to: (a) Use DBIA Contract Documents on any number of machines owned, leased or rented by your company or organization; (b) Use DBIA Contract Documents in printed form for bona fide contract purposes; and (c) Copy DBIA Contract Documents into any machine-readable or printed form for backup or modification purposes in support of your permitted use. 2. User Responsibility. You assume sole responsibility for the selection of specific documents or portions thereof to achieve your intended results, and for the installation, use, and results obtained from the DBIA Contract Documents. You acknowledge that you understand that the text of the DBIA Contract Documents has important legal consequences and that consultation with an attorney is recommended with respect to use or modification of the text. You will not represent that any of the contract documents you generate from DBIA Contract Documents are DBIA documents unless (a) the document text is used without alteration or (b) all additions and changes to, and deletions from, the text are clearly shown. 3. Copies. You may not use, copy, modify, or transfer DBIA Contract Documents, or any copy, modification or merged portion, in whole or in part, except as expressly provided for in this license. Reproduction of DBIA Contract Documents in printed or machine-readable format for resale or educational purposes is expressly prohibited. You will reproduce and include DBIA's copyright notice on any printed or machine-readable copy, modification, or portion merged into another document or program. 4. Transfers. You may not transfer possession of any copy, modification or merged portion of DBIA Contract Documents to another party, except that a party with whom you are contracting may receive and use such transferred material solely for purposes of its contract with you. You may not sublicense, assign, or transfer this license except as expressly provided in this Agreement, and any attempt to do so is void. 5. Term. The license is effective for one year from the date of purchase. DBIA may elect to terminate it earlier, by written notice to you, if you fail to comply with any term or condition of this Agreement. 6. Limited Warranty. DBIA warrants the electronic files or other media by which DBIA Contract Documents are furnished to be free from defects in materials and workmanship under normal use during the Term. There is no other warranty of any kind, expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. DBIA does not warrant that the DBIA Contract Documents will meet your requirements or that the operation of DBIA Contract Documents will be uninterrupted or error free. 7. Limitations of Remedies. DBIA's entire liability and your exclusive remedy shall be: the replacement of any document not meeting DBIA's "Limited Warranty" which is returned to DBIA with a copy of your receipt, or at DBIA's election, your money will be refunded. In no event will DBIA be liable to you for any damages, including any lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use DBIA Contract Documents even if DBIA has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. 8. Acknowledgement. You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions and that it will be governed by the laws of the District of Columbia. You further agree that it is the complete and exclusive statement of your agreement with DBIA which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties relating to the subject matter of this agreement. INSTRUCTIONS For DBIA Document No. 530 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a Guaranteed Maximum Price (2010 Edition) Checklist Use this Checklist to ensure that the Agreement is fully completed and all exhibits are attached. Page 1 Owner's name, address and form of business Page 1 Design -Builder's name, address and form of business Page 1 Project name and address Section 2.1.3 Identify other exhibits to the Agreement Section 4.2 Note the optional provisions that are provided Section 4.3.2 Complete blanks for additional sum for use of Work Product Section 5.2.1 Complete blanks for calendar days and note the optional language that is provided Section 5.2.2 Insert any interim milestones (optional) Section 5.4 Complete blanks for liquidated damages and note the optional provisions that are provided Section 5.5 If the parties select the option provided they have to insert an amount Section 5.6 Complete blanks for early completion bonus and note the optional provision that is provided Section 5.7 Note the optional provisions that are provided Section 6.1.2 Insert basis for pricing preliminary services (optional) Section 6.2.1 Choose basis for Fee and complete blanks Section 6.2.2 Insert financial arrangements for adjustments and note optional provisions Section 6.3.3 Complete blanks for markup; insert or attach personnel names, etc. Section 6.3.4 Note the optional provision that is provided Section 6.4.4 Note the optional provision that is provided Section 6.6.1.1 Complete blanks for GMP, and note the optional provision that is provided Section 6.6.1.2 Complete blanks for Design -Builder's Contingency Section 6.6.3.1 Choose method for sharing savings; complete blanks Section 6.7.1 Note optional provision Section 7.1.1 Complete blanks for day of month Section 7.2.1 Complete blanks for retention percentage and note optional provision Section 7.2.2 Note the optional provision that is provided Section 7.4 Complete blanks for interest rate Section 8.1.3 Choose overhead/profit method for termination for convenience Section 8.2.1 Complete blanks for percentages Section 8.2.2 Complete blanks for percentages Section 9.1.1 Insert Owner's Senior Representative's name, etc. (optional) Section 9.1.2 Insert Owner's Representative's name, etc. (optional) Section 9.2.1 Insert Design -Builder's Senior Representative's name, etc. (optional) Section 9.2.2 Insert Design -Builder's Representative's name, etc. (optional) Section 10.1 Attach Insurance Exhibit Section 10.2 Insert amount and conditions of bonds or other security and note the options that are provided Section 11.1 Insert any other provisions (optional) Last Page Owner's and Design -Builder's execution of the Agreement Instruction Sheet for DBIA Document No. 530 Page 2 ©2010 Design -Build Institute of America General Instructions No. Subject Instruction Standard form contracts have long served an important function in the United States and international construction markets. The common purpose of these forms is to provide an 1. Standard Forms economical and convenient way for parties to contract for design and construction services. As standard forms gain acceptance and are used with increased frequency, parties are able to enter into contracts with greater certainty as to their rights and responsibilities. Since its formation in 1993, the Design -Build Institute of America ("DBIA") has regularly evaluated the needs of owners, design -builders, and other parties to the design -build DBIA Standard process in preparation for developing its own contract forms. Consistent with DBIA's 2. Form Contract mission of promulgating best design -build practices, DBIA believes that the design -build Documents contract should reflect a balanced approach to risk that considers the legitimate interests of all parties to the design -build process. DBIA's Standard Form Contract Documents reflect a modern risk allocation approach, allocating each risk to the party best equipped to manage and minimize that risk, with the goal of promoting best design -build practices. To avoid inconsistencies among documents used for the same project, DBIA's Standard Use of Non-DBIA Form Contract Documents should not be used in conjunction with non-DBIA documents 3. Documents unless the non-DBIA documents are appropriately modified on the advice of legal counsel. Moreover, care should also be taken when using different editions of the DBIA Standard Form Documents on the same project to ensure consistency. Legal DBIA Standard Form Contract Documents are legally binding contracts with important 4. Consequences legal consequences. Contracting parties are advised and encouraged to seek legal counsel in completing or modifying these Documents. DBIA hereby grants to purchasers a limited license to reproduce its Documents consistent 5. Reproduction with the License Agreement accompanying these Documents. At least two original versions of the Agreement should be signed by the parties. Any other reproduction of DBIA Documents is strictly prohibited. Effective contracting is accomplished when the parties give specific thought to their contracting goals and then tailor the contract to meet the unique needs of the project and the design -build team. For that reason, these Documents may require modification for various purposes including, for example, to comply with local codes and laws, or to add special terms. DBIA's latest revisions to its Documents provide the parties an opportunity 6. Modifications to customize their contractual relationship by selecting various optional contract clauses that may better reflect the unique needs and risks associated with the project. Any modifications to these Documents should be initialed by the parties. At no time should a document be re -typed in its entirety. Re-creating the document violates copyright laws and destroys one of the advantages of standard forms -familiarity with the terms. 7. Execution It is good practice to execute two original copies of the Agreement. Only persons authorized to sign for the contracting parties may execute the Agreement. Instruction Sheet for DBIA Document No. 530 Page 3 ©2010 Design -Build Institute of America Specific Instructions Section Title Instruction DBIA Document No. 530 ("Agreement") should be used when the parties intend that Owner pay Design -Builder the Cost of the Work plus a Fee, with or without a Guaranteed Maximum Price ("GMP"). If there is uncertainty about Owner's Project Criteria, or the Project Criteria remain to be developed by Owner and Design -Builder General Purpose of This together, a cost-plus/GMP contracting approach is desirable. Agreement If there is certainty as to Owner's Project Criteria, a lump sum fixed price for the completion of all design and construction services may be suitable, especially when the Owner procures Design -Builder's services by competitive means. In such case, DBIA Document No. 525 should be used. General Purpose of These These Instructions are not part of this Agreement, but are provided to aid the parties in Instructions their understanding of the Agreement and in completing the Agreement. General Related Documents This Agreement shall be used in conjunction with the General Conditions of Contract. Other related Contract Documents are listed in Article 2 of this Agreement. On Page 1, enter the date when both parties reach a final understanding. It is possible, due to logistical reasons, that the dates when the parties execute the Agreement may General Date be different. Once both parties execute the Agreement, the effective date of the Agreement will be the date recorded on Page 1. This date does not, however, determine Contract Time, which is measured according to the terms of Article 5. Parties: Owner and On Page 1, enter the legal name and full address of Owner and Design -Builder, as well General Design -Builder as the legal form of each entity, e.g., corporation, partnership, limited partnership, limited liability company, or other. If a GMP is established upon execution of this Agreement, the GMP Exhibit must be GMP Exhibit, GMP attached pursuant to Section 6.6.1.1. If a GMP is established after execution of this 2.1.2 Proposal Agreement, the GMP Proposal must be attached pursuant to Section 6.6.2. Both the GMP Exhibit and GMP Proposal will include those Basis of Design Documents Design - Builder uses as the basis for its GMP. Construction After execution of the Agreement, and consistent with the requirements of Section 2.4 2.1.5 Documents of the General Conditions of Contract, Design -Builder will prepare Construction Documents, subject to Owner's review and approval. The Contract Documents are listed in Section 2.1 in the order of their precedence. The GMP Exhibit and GMP Proposal are based on the Basis of Design Documents, which are comprised of various documents. The parties should strongly consider establishing the priority of the various documents comprising the GMP Exhibit or GMP Proposal to 3.2 Order of avoid disputes should discrepancies arise among the documents. Moreover, Section Precedence 2.1.3 recognizes that there may be other exhibits attached to this Agreement. If this is the case, the parties should discuss whether these exhibits should be part of the Basis of Design Documents. If these exhibits are not made part of the Basis of Design Documents, these exhibits will not take priority over the Basis of Design Documents in the event of a conflict. 3.3 Definitions Terms, words and phrases used in the Agreement shall have the same meanings used in the General Conditions of Contract. The Owner is cautioned that if it includes design specifications in its Project Criteria Design there is case law holding that the Design -Builder is entitled to rely on such information, 3.4 Specifications and to the extent such information is not accurate, the Design -Builder will be entitled to an adjustment in the Contract Price and/or Contract Time. Accordingly, the Owner to avoid such potential liability should consider using performance specifications. Section Title Instruction This Agreement provides that the Design -Builder shall retain ownership of the Work 4.1 Work Product Product it produces, but obligates Design -Builder to grant a limited license to Owner to use the Work Product according to the terms and circumstances described in Sections 4.2, 4.3, 4.4 and 4.5. Design -Builder shall grant Owner, at Owner's sole risk, a limited license to use the Work Owner's Limited Product at the completion of the Work in connection with Owner's occupation of the 4.2 License Upon Project. This Section also provides the parties with the option of transferring ownership Payment in Full of some or all of the Work Product to the Owner upon payment in full for all Work performed. Generally, where the Owner desires ownership of Work Product, it is sufficient to transfer ownership of unique architectural and design elements. Owner should not use the Termination for Convenience Clause to obtain Design - Owner's Limited Builder's valuable design concepts, and then seek lower bids from other design - License Upon builders. Therefore, where Owner terminates this Agreement for its convenience, and Owner's then decides to complete the Project with its own or third party forces, Design -Builder 4.3 Termination for shall grant Owner the rights set forth in Section 4.2, provided Owner pays Design - Convenience or Builder all amounts due Design -Builder as required by the Contract Documents, Design -Builder's including paying Design -Builder an additional sum per Section 4.3.2 for the use of the Election to Work Product. In the event Design -Builder elects to terminate this Agreement for cause, Terminate for reasons set forth in Section 11.4 of the General Conditions of Contract, these same conditions apply to Owner's use of the Work Product. To minimize disputes, the parties should negotiate prior to the execution of the 4.3.2 Additional Agreement the amount Owner shall pay Design -Builder for the use of Design -Builder's Compensation Work Product in the event Owner terminates this Agreement for its convenience or Design -Builder elects to terminate this Agreement for cause. Enter this amount. Owner's Limited License Upon If Design -Builder is properly terminated for default, Owner is granted a limited license 4.4 Design -Builder's to use the Work Product, to complete the Project, and Owner shall thereafter have the Default same rights and obligations as set forth in Section 4.2. Owner's Indemnification for Owner's use or alteration of the Work Product shall be at its sole risk, and Owner must 4.5 Use of Work agree to defend, indemnify and hold harmless Design -Builder and anyone working by Product or through Design -Builder, including Design Consultants of any tier. 5.1 Date of Design -Builder's obligation to commence work is triggered by its receipt of a Notice to Commencement Proceed unless the parties mutually agree otherwise. Enter the calendar days duration by which Substantial Completion has to be achieved. Substantial The parties in this Section have the option of modifying the definition of Substantial 5.2.1 Completion of the Completion set forth in the General Conditions of Contract if they want to use a Entire Work Temporary Certificate of Occupancy as the benchmark. If this option is selected, Substantial Completion will be deemed to be achieved no later than the date a Temporary Certificate of Occupancy is issued if applicable to the Project. Instruction Sheet for DBIA Document No. 530 Page 5 ©2010 Design -Build Institute of America Section Title Instruction It may be that some portions of the Work must be completed in phases or within a prescribed period of time to accommodate Owner's needs. The parties may, at their option, identify these portions of the Work to be completed prior to Substantial Completion of the entire Work. Enter the calendar days, starting from the Date of Commencement, for achieving Substantial Completion of these identified portions of 5.2.2 Interim Milestones the Work. If these portions of the Work are required to be substantially completed by certain milestone dates, enter those dates. As presently drafted, no remedy is provided to the Owner if an interim milestone is not met. If the Owner has special requirements as it relates to interim milestones, the Owner may want to consider a remedy for the Design -Builder's failure to meet an interim milestone, as well as providing a bonus to the Design -Builder for satisfying such interim milestone. Owner should make a good faith evaluation of the amount that is reasonably necessary to compensate it for delay. Owner should not establish liquidated damages to penalize Design -Builder. Moreover, in the event a GMP is not established upon execution of the Agreement, it appears prudent for the parties to refrain from establishing liquidated damages until such time as the GMP is established. Section 5.4 establishes a grace period between the Scheduled Substantial Completion Date and the assessment of liquidated damages in order to prevent disputes as to which party bears responsibility for only a few days of delay. The parties should enter the calendar days that may pass following the Scheduled Substantial Completion Date before liquidated damages will be assessed. The parties are also provided the option of establishing liquidated damages if the Liquidated Design -Builder fails to achieve Final Completion within a specified number of days after 5.4 Damages Substantial Completion. If this option is selected, the parties have to negotiate the number of days, as well as the liquidated damages amount. The parties in negotiating liquidated damages should keep in mind that the amount of liquidated damages for failing to achieve Final Completion should be a considerably scaled down amount and should reflect the financial harm to the Owner. In no case should the total amount of liquidated damages for the Project exceed an amount that is reasonably necessary to compensate Owner for Project delay. The parties also have the option here of eliminating liquidated damages altogether, in which case the Owner can recover actual damages for Project delay at an amount that is capped by the parties. The Owner is cautioned that it still cannot recover consequential damages, as they are waived under Section 10.5.1 of the General Conditions of Contract. 5.5 Liquidated Damages Cap The parties can agree to cap liquidated damages for delay at a negotiated amount. Instruction Sheet for DBIA Document No. 530 Page 6 ©2010 Design -Build Institute of America Section Title Instruction If the Project economics justify liquidated damages, then it is appropriate to couple these liquidated damages with an early completion bonus. The parties should enter the number of calendar days prior to the Scheduled Substantial Completion Date that will Early Completion set the Bonus Date. Also, enter the amount of the bonus to be paid per day that will 5.6 Bonus allow Owner to share with Design -Builder the economic benefits of early completion. Moreover, in the event a GMP is not established upon execution of the Agreement, it appears prudent for the parties to refrain from establishing an early completion bonus until such time as the GMP is established. The parties also have the option in Section 5.6 of capping the early completion bonus at a negotiated amount. The parties are provided the opportunity of providing the Design -Builder the right to Compensation for receive compensation for Force Majeure Events. By selecting this option, the parties 5.7 Force Majeure agree to modify Section 8.2.2 of the General Conditions of Contract, in which case the parties have to negotiate how many cumulative days of Force Majeure delays must Events occur before the Design -Builder is entitled to either a negotiated amount per day for delay or the direct costs it has incurred as a result of such delay. This Agreement allows the parties the flexibility to establish within the Contract Price a different payment basis for certain preliminary portions of the Work which may be 6.1.2 Optional Pricing necessary to permit Design -Builder to furnish Owner with a GMP. Alternatively, the parties may use DBIA Document No. 520 to perform certain preliminary design services prior to setting the GMP. Enter a description of any such services, the basis for determining the price, and the price to be paid. Design -Builder's Enter the amount of Design -Builder's Fee as a sum certain or as a percentage of the 6.2.1 Fee Cost of the Work. Design -Builder's Fee shall be commensurate with the services it provides and the risk it assumes in providing single point responsibility to Owner. Adjustments to For additive Change Orders, the parties have to negotiate the Fee the Design -Builder 6.2.2 Design -Builder's will receive. For deductive Change Orders, the parties have the option by checking the Fee appropriate box to signify whether there will be no additional reduction or whether there will be an additional reduction based on a negotiated percentage. Wages for Design- DBIA endorses reimbursing salaries and associated benefits of Design -Builder's Project Builder's personnel, such as accountants, stationed at offices other than the field office, when to 6.3.3 Employees at do so is more efficient and cost effective. Enter the percentage markup to be applied Principal or Branch for Project -related overhead associated with such personnel. Insert, or attach as an Offices exhibit, a list of such personnel and theirjob functions. It may be simpler for the parties to agree on a multiplier (rather than actual costs) to 6.3.4 Employee Benefits compensate the Design -Builder for employee benefits. Accordingly, the parties may want to insert the multiplierto be applied to the wages and salaries of such reimbursable employees. Instruction Sheet for DBIA Document No. 530 Page 7 ©2010 Design -Build Institute of America Section Title Instruction The Cost of the Work shall include the costs to repair or correct defective or non- conforming Work (including warranty or corrective work performed after Substantial Costs for Completion). unless caused by Design -Builder's negligence. DBIA believes that 6.3.7 Defective/Non- Design -Builder should not be penalized for inadvertent mistakes which are inevitable Conforming Work when designing and constructing a Project. To do so would encourage ultra - conservatism in every task, the ultimate cost of which would be greater than a proactive approach to performing the Work. At this section, the parties are provided the opportunity to establish prior to Final Completion an escrow account in a negotiated amount to be used to reimburse the Maintenance and Design -Builder for its costs incurred in performing warranty Work. If funds remain in the 6.3.23 Warranty Bond escrow account after the expiration of the warranty period, the funds are returned to the Owner subject to Design -Builder's share of any savings. Note that even if the escrow account is exhausted, if funds remain under the GMP, the Owner is still obligated to reimburse the Design -Builder for its warranty Work. This section recognizes that the parties may agree that certain items of Work should be treated as an Allowance Item and priced based on Allowance Values. The Allowance Value for which the Design -Builder will be entitled to receive compensation includes direct cost of labor, materials, equipment, transportation, taxes and insurance 6.4.4 Allowance Value associated with the Allowance Item. All other costs associated with the Allowance Item, such as design fees, general conditions costs and fee, are deemed to be included in the Contract Price. However, by checking the box, the parties agree that in the event the actual cost of the Allowance Item is greater than or less than the Allowance Value by a negotiated percentage, then Design -Builder's right to Fee and markup shall be determined pursuant to Section 6.2.2. This Agreement provides the parties flexibility in establishing the Contract Price. Parties can establish a GMP before or after entering into this Agreement, or elect to proceed on the basis of costs plus a fee, without a GMP. 6.6 The Guaranteed Maximum Price If a GMP method is elected, the GMP should not be established until the Basis of Design Documents are sufficiently defined to make the GMP realistic and meaningful. Setting it too early does not permit reasonable opportunity for scope definition and evaluation of Project risk. On the other hand, setting it too late may not achieve Owner's objective of having an early price guarantee to enable it to make decisions relative to the Project. Instruction Sheet for DBIA Document No. 530 Page 8 ©2010 Design -Build Institute of America Section Title Instruction Enter the GMP, if appropriate. Attach as an exhibit to this Agreement the Basis of Design Documents used to establish the GMP. These documents comprise the GMP Exhibit which shall become a Contract Document pursuant to Section 2.1.1 of the Agreement. The Design -Builder does not guarantee any specific line item provided as 6.6.1.1 GMP at Agreement part of the GMP. Execution By selecting the alternate option, the Design -Builder agrees to guarantee the line item in its GMP for general conditions costs only. The Design -Builder agrees that it is responsible for paying general conditions costs in excess of this line item. The Design - Builder does not guarantee any other line items in the GMP. Enter the amount of Design -Builder's Contingency. The Contingency is for the exclusive use of the Design -Builder and covers all unanticipated costs incurred that are not the basis of a Change Order. This section sets forth by way of example only the type of costs that would be funded out of the Contingency. Other costs, such as but not limited to any deductibles the Design -Builder is obligated to pay, would be subject to reimbursement. The Design -Builder is also required to provide the Owner with a monthly status report accounting for the Contingency, including all reasonably foreseen uses and potential uses of the Contingency for the upcoming three months. 6.6.1.2 GMP Contingency While not provided for in the Contingency provision, DBIA recognizes that there may be situations where the Owner will want to recapture the Contingency prior to Final Completion. For example, the Owner may want to use amounts in the Contingency to fund changes to the Project. The Owner's desire has to be balanced against the Design - Builder's need to use the Contingency to fund unanticipated costs for which it is liable. Accordingly, balancing these competing concerns is usually accomplished by releasing some of the Contingency to the Owner after the Design -Builder has bought out the Subcontractors, providing that the Design -Builder is not obligated to release Contingency amounts in excess of amounts identified for reasonably foreseen uses or potential uses of the Contingency. Instruction Sheet for DBIA Document No. 530 Page 9 ©2010 Design -Build Institute of America Section Title Instruction At the request of Owner, Design -Builder shall submit its GMP Proposal, which shall GMP Proposal include the items listed in Sections 6.6.2.1.1 to 6.5.2.1.9. If the parties agree to additions After or deletions from this list, modify this Section 6.6.2.1 appropriately. 6.6.2.1 Execution of This Agreement The Agreement provides the parties with flexibility as to when the GMP Proposal will be submitted after execution of the Agreement. Prior to execution of the Agreement the parties should discuss when Owner desires Design -Builder to submit its GMP Proposal. Given that expedited delivery is one of the primary factors driving many owners to select the design -build method, DBIA strongly believes that the parties should discuss and understand what each party must do to support the Project schedule. The entire Work, 6.6.2.1.4 Schedule both design and construction, should be scheduled. The schedule should indicate the dates for the start and completion of the various stages of the Work, including the date when Owner information and approvals are required, and any Owner created constraints. The Agreement also provides flexibility to establish the Scheduled Substantial Completion Date prior to submission of the GMP Proposal. 6.6.2.3 Acceptance of If Owner accepts the GMP Proposal, the parties should amend this Agreement to add GMP Proposal the final GMP Proposal as a Contract Document pursuant to Section 2.1.2. This Agreement provides three options for Owner in the event it fails to accept the GMP Proposal and two choices for Design -Builder if Owner fails to exercise any of the three options. These options are specifically designed to prevent one party from receiving a windfall in the event the parties cannot agree on the GMP and the Agreement is terminated. 6.6.2.4 Failure to Accept the GMP Proposal The parties should take note that if Owner exercises its option to terminate for convenience, or Design -Builder suspends performance, Design -Builder will not be entitled to payment for uncompleted Work provided by Section 8.2. However, additional payment for Owner's use of Work Product will be due Design -Builder pursuant to Section 4.3, if Owner proceeds to complete the Project using Design -Builder's Work Product. One of the benefits of a GMP approach is the possibility that with good management by Design -Builder and timely support from Owner the actual Cost of the Work and Fee may be less than the GMP. This creates a savings pool that should result in a benefit 6.6.3 Savings to both Design -Builder and Owner. Sharing these savings creates an incentive for Design -Builder to save costs. Some factors to consider in determining how the Savings are shared include the timing for the establishment of the GMP and the amount of Design -Builder's Fee established under Section 6.2.1. This section provides that if the actual Cost of the Work and Design -Builder's Fee is 6.6.3.1 Savings less than the GMP, as such GMP may have been adjusted, the savings, if any, shall be Calculations shared. The Agreement offers two choices for distributing Savings. Choose a method and enter the appropriate figures. Instruction Sheet for DBIA Document No. 530 Page 10 ©2010 Design -Build Institute of America Section Title Instruction In addition for the potential of the Design -Builder to share in Savings as set forth in Section 6.6.3, there may be other performance incentives that will influence Project Performance success. Such incentives may include award fees tied to the Design -Builder achieving 6.7 Incentives certain standards relative to client satisfaction, safety, and personnel retention. The parties are encouraged to discuss the use of such incentives during negotiation of this Agreement. Any agreement on the use of incentives should be set forth in an exhibit attached to this Agreement. 7.1.1 Progress Payments Enter the day of the month when Design -Builder shall submit its Application for Payment. Enter the percentage Owner will retain from Progress Payments to Design -Builder until fifty percent (50%) of the Work is completed. Owner should recognize that it creates undue hardship to hold retainage on Subcontractors that have completed their work early in the Project. Owner should accordingly consider releasing retainage on Subcontractors that complete work early in the Project, providing that these Subcontractors have satisfactorily performed their portion of the Work. 7.2.1 Retainage The parties are provided the option of modifying the retainage provision by checking the box. This option excludes from retainage the Design -Builder's General Conditions costs and amounts paid to Design -Builder's Design Consultant. The rationale for selecting this option is that the Design -Builder is obligated to pay its General Conditions costs in full each month and that under the design -bid -build delivery method, the Owner typically does not retain sums from its Designer. Release of This section requires the Owner to release retainage to the Design -Builder. If the 7.2.2 Retainage Design -Builder and Owner have established a warranty reserve in accordance with Section 6.3.2.4, the parties shall establish an escrow account at this time. The parties should enter the rate at which interest will accrue on Design -Builder's 7.4 Interest payments if unpaid five (5) days after due. Late payment creates a hardship for Design - Builder, its Design Consultants and Subcontractors. The Owner is provided access to Design -Builder's accounting information as it relates to Costs of the Work. However, if the parties have agreed to multipliers or markups, the 7.5 Record Keeping time to challenge and negotiate those percentages is at the time the parties execute the Agreement and not during the Project or after it has been completed. Accordingly, the Owner can at any time audit these percentages only to confirm that such percentage has been properly charged and not to challenge the composition of such percentage. Instruction Sheet for DBIA Document No. 530 Page 11 ©2010 Design -Build Institute of America Section Title Instruction The parties should choose prior to execution of the Agreement the method that will be Termination for used to determine overhead and profit paid to Design -Builder in the event Owner Convenience: terminates Design -Builder for its convenience. The parties may choose to set 8.1.3 Overhead and percentage rates for overhead and profit prior to execution of the Agreement, or may Profit choose to determine reasonable sums to be paid for overhead and profit at the time of the termination. If the parties choose to set overhead and profit rates prior to execution of the Agreement, the percentages should be entered in Section 8.1.3. Although it is important for Owner to have a process for terminating this Agreement for convenience, the process must consider the interests of Design -Builder. If Owner terminates this Agreement for its own convenience, compensating Design -Builder for Termination for its costs will not be adequate because Design -Builder will have committed its resources 8.2 Convenience: for a small amount of revenue. Therefore, in addition to the overhead and profit paid in Additional Section 8.1, Owner shall pay Design -Builder an additional sum, calculated as a Payments percentage of the remaining balance of the Contract Price or, if a GMP has not been established, the remaining balance of the most recent estimated Contract Price. Enter the percentages Owner shall pay Design -Builder if Owner terminates this Agreement for its own convenience prior to or after the start of construction. Termination for Owner should not use the Termination for Convenience clause to obtain Design - Convenience: Builder's valuable design concepts and then seek lower bids from another design- 8.3 Owner's Use of builder. If Owner terminates this Agreement for its own convenience, and chooses to Work Product proceed with the Project using Design -Builder's Work Product, Owner should pay an additional sum for the use of Design -Builder's Work Product pursuant to Section 4.3. Enter the name, title, address and telephone number of Owner's Senior Representative and Owner's Representative at Sections 9.1.1 and 9.1.2, respectively. Enter the name, title, address and telephone number of Design -Builder's Senior Article Representatives of Representative and Design -Builder's Representative at Sections 9.2.1 and 9.2.2, 9 the Parties respectively. The parties can elect to establish these Representatives during the performance of the Project rather than at the time of execution of this Agreement. If Representatives are identified after execution of the Agreement, an appropriate amendment should be made to the Agreement at the time these individuals are designated. Attach an Insurance Exhibit setting forth in detail the insurance coverages required for 10.1 Insurance the Project. Parties are advised to familiarize themselves with the terms of Article 5 of the General Conditions of Contract, Insurance and Bonds, and to consult their insurance advisor. Enter the type and amount of bonds or other performance security required for the 10.2 Bonds Project. Where bonding is not required by statute, Owner may want to evaluate the project risks versus the bonding costs in deciding what type of performance security to require. Instruction Sheet for DBIA Document No. 530 Page 12 ©2010 Design -Build Institute of America Section Title Instruction Insert any other provisions. For example, the parties may elect to have disputes 11.1 Other Provisions resolved through litigation rather than arbitration in which case the optional language in this Section should be included. Instruction Sheet for DBIA Document No. 530 Page 13 ©2010 Design -Build Institute of America TABLE OF CONTENTS Article Name Page Article1 Scope of Work............................................................................................... 2 Article 3 Interpretation and Intent................................................................................ 2 Article 4 Ownership of Work Product........................................................................... 3 Article5 Contract Time................................................................................................4 Article6 Contract Price................................................................................................ 7 Article 7 Procedure for Payment................................................................................ 14 Article 8 Termination for Convenience...................................................................... 15 Article 9 Representatives of the Parties.................................................................... 16 Article 10 Bonds and Insurance................................................................................. 17 Article 11 Other Provisions......................................................................................... 18 DBIA Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a Guaranteed Maximum Price This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification. This AGREEMENT is made as of the 9th day of July in the year of 2024, by and between the following parties, for services in connection with the Project identified below: [OVA0I =1 City of Temecula 41000 Main Street Temecula, CA 92590 DESIGN -BUILDER: De La Secura, Inc dba (DLS Builders) 1975 N Batavia Steet Orange, CA 92685 PROJECT: Ronald Reagan Sports Park Hockey Rink Design Build, Project No. PW 22-06 In consideration of the mutual covenants and obligations contained herein, Owner and Design -Builder agree as set forth herein. DBIA Document No. 530 Page 2 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America Article 1 Scope of Work 1.1 Design -Builder shall perform all design and construction services, and provide all material, equipment, tools and labor, necessary to complete the Work described in and reasonably inferable from the Contract Documents. Article 2 Contract Documents 2.1 The Contract Documents are comprised of the following: 2.1.1 All written modifications, amendments, minor changes, and Change Orders to this Agreement issued in accordance with DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design -Builder (2010 Edition) ("General Conditions of Contract"); 2.1.2 The GMP Exhibit referenced in Section 6.6.1.1 herein; er, of apprieable the GMP Proposal aGGepted by (1WRer iR .,rrlaRGe with Seep-ti .n F F ') heroin; 2.1.3 This Agreement, including all exhibits (List for example, performance standard requirements, performance incentive arrangements, markup exhibits, allowances, unit prices, or exhibit detailing offsite reimbursable personnel) but excluding, if applicable, the GMP Exhibit; 2.1.4 The General Conditions of Contract; and 2.1.5 Construction Documents prepared and approved in accordance with Section 2.4 of the General Conditions of Contract. Article 3 Interpretation and Intent 3.1 Design -Builder and Owner, prior to execution of the Agreement, (ate again if appliGable, at the , shall carefully review all the Contract Documents, including the various documents comprising the Basis of Design Documents, for any conflicts or ambiguities. Design -Builder and Owner will discuss and resolve any identified conflicts or ambiguities prior to execution of the Agreement or, if applicable, prior to Owner's acceptance of the GMP Proposal. DBIA Document No. 530 Page 3 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America 3.2 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event inconsistencies, conflicts, or ambiguities between or among the Contract Documents are discovered after execution of the Agreement, or if applicable, after Owner's acceptance of the GMP Proposal, Design -Builder and Owner shall attempt to resolve any ambiguity, conflict or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. (Note, the parties are strongly encouraged to establish in the GMP Exhibit or GMP Proposal (as applicable) the priority of the various documents comprising such exhibit or proposal.) 3.3 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 3.4 If Owner's Project Criteria contain design specifications: (a) Design -Builder shall be entitled to reasonably rely on the accuracy of the information represented in such design specifications and their compatibility with other information set forth in Owner's Project Criteria, including any performance specifications; and (b) Design -Builder shall be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance have been adversely impacted by such inaccurate design specification. 3.5 The Contract Documents form the entire agreement between Owner and Design -Builder and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. Article 4 Ownership of Work Product 4.1 Work Product. All drawings, specifications and other documents and electronic data, including such documents identified in the General Conditions of Contract, furnished by Design -Builder to Owner under this Agreement ("Work Product") shall become the sole property of Owner and may be used, reused or otherwise disposed of by Owner without the permission of the Design -Builder. With respect to computer files containing data generated for the work, Design -Builder shall make available to Owner, upon reasonable written request by Owner, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. a"ta d-oon,od- +„ ho ,n6;tr1_1l ,o +E of servi 8 DBIA Document No. 530 Page 4 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America or 4.5 Owner's Indemnification for Use of Work Product. If Owner uses the Work Product, in whole or in part, for any facility other than the Project, without the written consent of the Design -Builder, Owner shall defend, indemnify and hold harmless Design -Builder or anyone working by or through Design -Builder, including Design Consultants of any tier, from and against any and all claims, damages, liabilities, losses and expenses, including attorneys' fees, arising out of or resulting from the use or alteration of the Work Product. DBIA Document No. 530 Page 5 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America Article 5 Contract Time 5.1 Date of Commencement. The Work shall commence within five (5) days of Design -Builder's receipt of Owner's Notice to Proceed ("Date of Commencement") unless the parties mutually agree otherwise in writing. 5.2 Substantial Completion and Final Completion. 5.2.1 Substantial Completion of the entire Work shall be achieved no later than three hundred sixty-five (365) calendar days after the Date of Commencement ("Scheduled Substantial Completion Date"). X❑ The parties agree that the definition for Substantial Completion set forth in Section 1.2.18 of the General Conditions of Contract is hereby modified to read as follows: "Substantial Completion is the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete in accordance with the Contract Documents so that Owner can occupy and use the Project or a portion thereof for its intended purposes 5.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work ("Scheduled Interim Milestone Dates") shall be achieved as follows: (Insert any interim milestones for portions of the Work with different scheduled dates for Substantial Completion) Design Completion—12/31/2024 5.2.3 Final Completion of the Work or identified portions of the Work shall be achieved as expeditiously as reasonably practicable. Final Completion is the date when all Work is complete pursuant to the definition of Final Completion set forth in Section 1.2.7 of the General Conditions of Contract. 5.2.4 All of the dates set forth in this Article 5 (collectively the "Contract Time(s)") shall be subject to adjustment in accordance with the General Conditions of Contract. 5.3 Time is of the Essence. Owner and Design -Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. 5.4 Liquidated Damages. Design -Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Owner will suffer damages which are difficult to determine and accurately specify. Design -Builder agrees that if Substantial Completion is not attained by fifteen (15) days after the Scheduled Substantial Completion Date (the "LD Date"), Design -Builder shall pay Owner One Thousand Dollars ($1000.00) as liquidated damages for each day that Substantial Completion extends beyond the LID Date. DBIA Document No. 530 Page 6 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America D 5.4 DesigR Builder and QWRer have agreed RE)t W provide for liquidated damages OR this AgreemeRt for failure ef DeSigR Builder to aGhieve the GoRtrar-A Mme(s) set forth OR this ArtiGle 5. DesigR Builder URderstands, however, that Qm 11 )r aGtual damages iR the eveRt the GGRtraGt Time(s) set forth hereiR are RGt timely aGhieved-. Chy.p.eir �_Ih_a 1111 be able te FeGGVeF SUGh aGtual damages frern DesigR Builder to the extent it can demonstrate that actual damages have been incurred, are directly related and caused by Design Builder's failure to meet the Contract Time(s) set forth hereon, and are not waived by Section 10.5.1 of the General Conditions of Contract. NotwithstandiRg the 110 event shall Design Builder's liability for actual damages former delays exceed Dollars ($ 5.5 Any liquidated damages assessed pursuant to this Agreement shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature, incurred by Owner which are occasioned by any delay in achieving the Contract Time(s). QWA,-Qr -;;Ad- DfalsigR Builder agree that thp maximum aggregate liability DeE;'gR Builder has fAr ;;RY liquidated damages that may be assessed_ undel: this AgF881*18Rt fA-.r fi-3111-We tA_ ar_,We�.ge the GARtraGt Time(s) 6hau he ...... ($ � EG Early Completion Ran, If C1'hot;;nti�l GE)M l ttair, arry-vvrrrpret+e�i-ovr.crs�rs etlrn;-F.�i-'�cccnrr wirer before days befeirea the R_r_,heduled S_ 1-1-h6taRtial C;GMP'et*GR Date (the "Bonus Date"), QWR8F shall Dollars ($ ` ereaehday thor-mar-Sub CompletioR is 'o--ax taaiiTed r F 7 3 hereof, this SeGtiop G R mill n R-d to ho MO-difi0d o nrd.ing4l ) 5.7 [The P-a#Wes .w, also .desire to .,,odif., Artkie 8 7 7 of the General Conditions of Gentrac- relative to c-empensabigty of delays that would cause the Con-trar-At ThmeW to be extended. In su, Gase, the f IIewing option n he . seal 7 X❑ In addition to Design -Builder's right to a time extension for those events set forth in Section 8.2.1 of the General Conditions of Contract, Design -Builder shall also be entitled to an appropriate adjustment of the Contract Price for those events set forth in Section 8.2.1 of the General Conditions of Contract, provided, however, for Force Majeure Events, Design -Builder shall only be entitled to an increase in the Contract Price if said events exceed twenty (20) cumulative days. Said additional compensation shall be limited to: [Check one box only] ❑ $ dollars a day for each day work is delayed beyond the Scheduled Substantial Completion Date. or X❑ the direct costs and expenses Design -Builder can demonstrate it has reasonably and actually incurred as a result of such event. Article 6 Contract Price 6.1 Contract Price. DBIA Document No. 530 Page 7 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America 6.1.1 Owner shall pay Design -Builder in accordance with Article 6 of the General Conditions of Contract a contract price ("Contract Price") equal to Design -Builder's Fee (as defined in Section 6.2 hereof) plus the Cost of the Work (as defined in Section 6.3 hereof), subject to any GMP established in Section 6.6 hereof and any adjustments made in accordance with the General Conditions of Contract. 6.1.2 For the specific Work set forth below, Owner agrees to pay Design -Builder, as part of the Contract Price, on the following basis: (This is an optional section intended to provide the parties with flexibility to identify and price limited preliminary services, such as a lump sum or cost-plus arrangement for preliminary design, programming, or services necessary to enable Design -Builder to furnish Owner with a GMP before execution of this Agreement.) 6.2 Design -Builder's Fee. 6.2.1 Design -Builder's Fee shall be: [Choose one of the following.] ❑ Dollars ($ ), as adjusted in accordance with Section 6.2.2 below. or X❑ ten percent (10%) of the Cost of the Work, as adjusted in accordance with Section 6.2.2 below. 6.2.2 Design -Builder's Fee will be adjusted as follows for any changes in the Work: 6.2.2.1 For additive Change Orders, including additive Change Orders arising from both additive and deductive items, it is agreed that Design -Builder shall receive a Fee of ten percent (10%) of the additional Costs of the Work incurred for that Change Order, plus any other markups set forth as agreed in the change order. 6.2.2.2 For deductive Change Orders, including deductive Change Orders arising from both additive and deductive items, the deductive amounts shall include: MAI X❑ An amount equal to the sum of: (a) ten percent (10%) applied to the direct costs of the net reduction (which amount will account for a reduction associated with Design - Builder's Fee); plus (b) any other markups set forth in the Change Order applied to the direct costs of the net reduction. 6.3 Cost of the Work. The term Cost of the Work shall mean costs reasonably and actually incurred by Design -Builder in the proper performance of the Work. These items are included within the GMP, and are not individually billable. The Cost of the Work shall include only the following: 6.3.1 Wages of direct employees of Design -Builder performing the Work at the Site or, with Owner's agreement, at locations off the Site; provided, however, that the costs for those employees of Design -Builder performing design services shall be calculated on the basis of prevailing market DBIA Document No. 530 Page 8 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America rates for design professionals performing such services or, if applicable, those rates set forth in an exhibit to this Agreement. 6.3.2 Wages or salaries of Design -Builder's supervisory and administrative personnel engaged in the performance of the Work and who are located at the Site or working off -Site to assist in the production or transportation of material and equipment necessary for the Work. 6.3.3 Wages or salaries of Design -Builder's personnel stationed at Design -Builder's principal or branch offices, b6it E)Rly tGt„e extent said persei;Rel-ape id-entified in Exhibit at D8E;4gR 9961iIder' s ch^I ae ^ 0 ie+er+ I.4th o Gh ^ el 6.3.4 Costs incurred by Design -Builder for employee benefits, premiums, taxes, insurance, contributions and assessments required by law, collective bargaining agreements, or which are customarily paid by Design -Builder, to the extent such costs are based on wages and salaries paid to employees of Design -Builder covered under Sections 6.3.1 through 6.3.3 hereof. 6.3.5 The r able .,er+ie., of the r.eo+ of travel edatiens and .,keels fer DesigR Work. 6.3.6 Payments properly made by Design -Builder to Subcontractors and Design Consultants for performance of portions of the Work, including any insurance and bond premiums incurred by Subcontractors and Design Consultants. 6.3.7 Costs incurred by Design -Builder in repairing or correcting defective, damaged or nonconforming Work (including any warranty or corrective Work performed after Substantial Completion), provided that such Work was beyond the reasonable control of Design -Builder, er Ga goer! by the ordinary mistakes or inadvertenGe, and not the negligence, ordinary mistakes or inadvertence of Design -Builder or those working by or through Design -Builder. If the costs associated with such Work are recoverable from insurance, Subcontractors or Design Consultants, Design -Builder shall exercise its best efforts to obtain recovery from the appropriate source and provide a credit to Owner if recovery is obtained. 6.3.8 Costs, including transportation, inspection, testing, storage and handling, of materials, equipment and supplies incorporated or reasonably used in completing the Work. DBIA Document No. 530 Page 9 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America 6.3.9 Costs (less salvage value) of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by the workers that are not fully consumed in the performance of the Work and which remain the property of Design -Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining, dismantling and removing such items. 6.3.10 Costs of removal of debris and waste from the Site. 6.3.11 The reasonable costs and expenses incurred in establishing, operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charges, telephone service, photocopying and reasonable petty cash expenses. 6.3.12 Rental charges and the costs of transportation, installation, minor repairs and replacements, dismantling and removal of temporary facilities, machinery, equipment and hand tools not customarily owned by the workers, which are provided by Design -Builder at the Site, whether rented from Design -Builder or others, and incurred in the performance of the Work. 6.3.13 Premiums for insurance and bonds required by this Agreement or the performance of the Work. 6.3.14 All fuel and utility costs incurred in the performance of the Work. 6.3.15 Sales, use or similar taxes, tariffs or duties incurred in the performance of the Work. 6.3.16 Legal costs, court costs and costs of mediation and arbitration reasonably arising from Design -Builder's performance of the Work, provided such costs do not arise from disputes between Owner and Design -Builder. 6.3.17 Costs for permits, royalties, licenses, tests and inspections incurred by Design -Builder as a requirement of the Contract Documents. 6.3.18 The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner, paying legal judgments against Design -Builder resulting from such suits or claims, and paying settlements made with Owner's consent. 6.3.19 Deposits which are lost, except to the extent caused by Design -Builder's negligence. DBIA Document No. 530 Page 10 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America 6.3.20 Costs incurred in preventing damage, injury or loss in case of an emergency affecting the safety of persons and property. 6.3.21 Accounting and data processing costs related to the Work. 6.3.22 Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner. X❑ 6.3.23 Owner and Design-B� Builder agree that a'rrc�crw"r'crFCA nt iR the amount of Dollars ($ ) shaall.l be established prierto Final Completion, FiRal Completion to perform warranty Work. The eSGrE)w agreement will provide that aRy sums Ret E; exhausted, but fURdE; Fe.m.-ain under the GMP, QwRershall be obligated te pay Desigi; Builder the Costs A-f the Work inG6IFFed -;;ftp-.r Final Gempletiei; to pepferm warraRty VVGFk up to the GMP. Design - Builder shall, upon completion of the Contract and prior to filing of the Notice of Completion, post a Maintenance and Warranty Bond in the amount of ten percent of the Contract value, and in a form acceptable to Owner. The Maintenance and Warranty Bond shall remain in full force and effect through the guaranty period of one year. 6.4 Allowance Items and Allowance Values. 6.4.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in the GMP Exhibit or GMP Proposal and are included within the GMP. 6.4.2 Design -Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design -Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design -Builder that the Allowance Item in question can be performed for the Allowance Value. 6.4.3 No work shall be performed on any Allowance Item without Design -Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design -Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design -Builder, Design -Builder may be entitled to an adjustment of the Contract Time(s) and Contract Price. 6.4.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design -Builder's overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract Price, and are not subject to adjustment, regardless of the actual amount of the Allowance Item. DBIA Document No. 530 Page 11 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America 4 the a t Fnaz*.Tethe par -ties may want to ^'efefeseEtion R,A,A and add the f 6.4.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Price shall be adjusted accordingly by Change Order, subject to Section 6.4.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design -Builder for the particular Allowance Item and the Allowance Value. 6.5 Non -Reimbursable Costs. 6.5.1 The following shall not be deemed as costs of the Work: 6.5.1.1 Compensation for Design -Builder's personnel stationed at Design -Builder's principal or branch offices, except as provided for in Sections 6.3.1, 6.3.2 and 6.3.3 hereof. 6.5.1.2 Overhead and general expenses, except as provided for in Section 6.3 hereof, or which may be recoverable for changes to the Work. 6.5.1.3 The cost of Design -Builder's capital used in the performance of the Work. 6.5.1.4 If the parties have agreed on a GMP, costs that would cause the GMP, as adjusted in accordance with the Contract Documents, to be exceeded. 6.5.1.5 The cost of travel, accommodations and meals for Design -Builder's personnel.. 6.6 The Guaranteed Maximum Price ("GMP"). 6.6.1 GMP Established Upon Execution of this Agreement. 6.6.1.1 Design -Builder guarantees that it shall not exceed the GMP two million nine hundred fifty seven thousand sixty two dollars ($2,957,062.00). Documents and exclusions used as a basis for the GMP shall be identified in an exhibit to this Agreement ("GMP Exhibit"). Design -Builder does not guarantee any specific line item provided as part of the GMP, and has the sole discretion to apply payment due to overruns in one line item to savings due to underruns in any other line item. Design -Builder agrees, however, that it will be responsible for paying all costs of completing the Work which exceed the GMP, as adjusted in accordance with the Contract Documents. (141h;ln theGA4Pc.,wh;+ wX h..developed in DBIA Document No. 530 Page 12 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America 6.6.1.2 The GMP includes a Contingency in the amount of seventy thousand six hundred twenty two dollars and eight cents ($70,622.08) which is available for Design - Builder's exclusive use for unanticipated costs it has incurred that are not the basis for a Change Order under the Contract Documents. By way of example, and not as a limitation, such costs may include: (a) trade buy-out differentials; (b) overtime or acceleration; (c) escalation of materials; (d) correction of defective, damaged or nonconforming Work, design errors or omissions, however caused; (e) Subcontractor defaults; or (f) those events under Section 8.2.2 of the General Conditions of Contract that result in an extension of the Contract Time but do not result in an increase in the Contract Price. The Contingency is not available to Owner for any reason, including, but not limited to changes in scope or any other item which would enable Design -Builder to increase the GMP under the Contract Documents. Design -Builder shall provide Owner notice of all anticipated charges against the Contingency, and shall provide Owner as part of the monthly status report required by Section 2.1.2 of the General Conditions of Contract an accounting of the Contingency, including all reasonably foreseen uses or potential uses of the Contingency in the upcoming three (3) months. Design -Builder agrees that with respect to any expenditure from the Contingency relating to a Subcontractor default or an event for which insurance or bond may provide reimbursement, Design -Builder will in good faith exercise reasonable steps to obtain performance from the Subcontractor and/or recovery from any surety or insurance company. Design -Builder agrees that if Design -Builder is subsequently reimbursed for said costs, then said recovery will be credited back to the Contingency. DBIA Document No. 530 Page 13 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America DBIA Document No. 530 Page 14 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America 6.6.3 Savings. 6.6.3.1 If the sum of the actual Cost of the Work and Design -Builder's Fee (and, if applicable, any prices established under Section 6.1.2 hereof) is less than the GMP, as such GMP may have been adjusted over the course of the Project, the difference ("Savings") shall be shared as follows: X❑ twenty-five percent (25%) to Design -Builder and Seventy-five percent (75%) to Owner. ar MI ■' ft - 6.6.3.2 Savings shall be calculated and paid as part of Final Payment under Section 7.3 hereof, with the understanding that to the extent Design -Builder incurs costs after Final Completion which would have been payable to Design -Builder as a Cost of the Work, the parties shall recalculate the Savings in light of the costs so incurred, and Design -Builder shall be paid by Owner accordingly. Article 7 Procedure for Payment 7.1 Progress Payments. DBIA Document No. 530 Page 15 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America 7.1.1 Design -Builder shall submit to Owner on the twenty-fifth (25th) day of each month, beginning with the first month after the Date of Commencement, Design -Builder's Application for Payment in accordance with Article 6 of the General Conditions of Contract. 7.1.2 Owner shall make payment within tee 40-) thirty (30) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with Article 6 of the General Conditions of Contract, but in each case less the total of payments previously made, and less amounts properly withheld under Section 6.3 of the General Conditions of Contract. 7.1.3 If Design -Builder's Fee under Section 6.2.1 hereof is a fixed amount, the amount of Design - Builder's Fee to be included in Design -Builder's monthly Application for Payment and paid by Owner shall be proportional to the percentage of the Work completed, less payments previously made on account of Design -Builder's Fee. 7.2 Retainage on Progress Payments. 7.2.1 Owner will retain five percent (5%) of each Application for Payment provided, except as may be provided by Public Contract Code Section 9203. h9wever that when fifty n en+ (500 ) of red lninn re+ainane for S ihnnn+ran+nro n nle+inn their work earl. in the PrnleGt [Design -Builder and Owner may want to c-ensideF substituting the feliewing retainage nQWReF Will retain ^eFceR+ 0%\ of the of \�AP/nortL o ) of the Work C hrnn+ran+nrQ rmmple+inn their work early in the DrnieGt 7.2.2 GOMPleted pA-.rt*A-.n of the Work, less aR amEmRt equal te� (a) the rease-Ra-ble value of all rema;;*449 Gen+raGt [if Owner and Design -Builder- have established a warranty reserve pursuant tG Section 6.3.23 above, the f II.,wP.,g pFevisienshould he inc-ludeGl at the t*n;e E)f Substantial GE)mpletIE)R retail; the agreed 6ipE)R ame-l-Ints; -;;Ad- a4A P-,GGPE)w 7.3 Final Payment. Design -Builder shall submit its Final Application for Payment to Owner in accordance with Section 6.7 of the General Conditions of Contract. Owner shall make payment on Design - Builder's properly submitted and accurate Final Application for Payment (including all retained amounts, less any amount the parties may have agreed to set aside for warranty work) within ten (10) sixty days after Owner's receipt of the Final Application for Payment, provided that Design -Builder has satisfied the requirements for final payment set forth in Section 6.7.2 of the General Conditions of Contract Owner shall withhold five percent (5%) of the Contract Price from the final payment until at least thirty-five days after DBIA Document No. 530 Page 16 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America recordation of the Notice of Completion, or recordation of a notice of cessation, but not longer than the period permitted by Public Contract Code Section 7107. 7.4 7.5 Record Keeping and Finance Controls. Design -Builder acknowledges that this Agreement is to be administered on an "open book" arrangement relative to Costs of the Work. Design -Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles and as may be provided in the Contract Documents. During the performance of the Work and for a period of three (3) years after Final Payment, Owner and Owner's accountants shall be afforded access to, and the right to audit from time -to -time, upon reasonable notice, Design -Builder's records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the Work, all of which Design -Builder shall preserve for a period of three (3) years after Final Payment. Such inspection shall take place at Design -Builder's offices during normal business hours unless another location and time is agreed to by the parties. Any multipliers or markups agreed to by the Owner and Design - Builder as part of this Agreement are only subject to audit to confirm that such multiplier or markup has been charged in accordance with this Agreement, with the composition of such multiplier or markup not being subject to audit. Article 8 Termination for Convenience 8.1 Upon ten (10) days' written notice to Design -Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design -Builder for the following: 8.1.1 All Work executed and for proven loss, cost or expense in connection with the Work; 8.1.2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and 8.1.3 [Choose one of the following.] X❑ The fair and reasonable sums for overhead and profit on the sum of items 8.1.1 and 8.1.2 above. 8.2 In addition to the amounts set forth in Section 8.1 above, Design -Builder shall be entitled to receive one of the following as applicable: DBIA Document No. 530 Page 17 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America 8.2.1 If Owner terminates this Agreement prior to commencement of construction, Design - Builder shall be paid zero percent (0%) of the remaining balance of the Contract Price, provided, however, that if a GMP has not been established, the above percentage shall be applied to the remaining balance of the most recent estimated Contract Price. 8.2.2 If Owner terminates this Agreement after commencement of construction, Design -Builder shall be paid zero percent (0%) of the remaining balance of the Contract Price, provided, however, that if a GMP has not been established, the above percentage shall be applied to the remaining balance of the most recent estimated Contract Price. Article 9 Representatives of the Parties 9.1 Owner's Representatives. 9.1.1 Owner designates the individual listed below as its Senior Representative ("Owner Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers) Kellen Freeman Assistant Engineer City of Temecula (951) 240-4234 Kellen.freeman@TemeculaCA.gov 9.1.2 Owner designates the individual listed below as its Owner's Representative, which individual has the authority and responsibility set forth in Section 3.4 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers) Jason Linsdau Construction Manager Dudek 605 Third Street Encinitas, CA 92024 (760) 942-5147 jlinsdau@dudek.com> 9.2 Design -Builder's Representatives. 9.2.1 Design -Builder designates the individual listed below as its Senior Representative ("Design -Builder's Senior Representative"), which individual has the authority and responsibility for DBIA Document No. 530 Page 18 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers) Scott Schalliol President De La Secura, Inc. 1975 North Batavia Street Orange, CA 92865 (714) 998-3790 sschalliol@dlsbuilders.com 9.2.2 Design -Builder designates the individual listed below as its Design -Builder's Representative, which individual has the authority and responsibility set forth in Section 2.1.1 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers) Article 10 Bonds and Insurance 10.1 Insurance. Design -Builder and Owner shall procure the insurance coverages set forth in the Insurance Exhibit attached hereto and in accordance with Article 5 of the General Conditions of Contract. 10.2 Bonds and Other Performance Security. Design -Builder shall provide the following performance bond and labor and material payment bond or other performance security: Performance Bond. X❑ Required ❑ Not Required Payment Bond. X❑ Required ❑ Not Required Other Performance Security. X❑ Required ❑ Not Required 10.2.1 Design -Builder shall obtain a Payment Bond in an amount equal to one hundred percent (100%) of the Contract Price and a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Price. The Payment Bond shall remain in full force and effect for the period specified in the attached form of bond. The Performance Bond shall remain in full force and effect for as long as Design - Builder has obligations under the Contract Documents, including the period specified in Section 2.10 of the General Conditions. The Bonds must comply with all conditions regarding bonds detailed in this Agreement and the General Conditions. DBIA Document No. 530 Page 19 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America Article 11 Other Provisions 11.1 Other provisions, if any, areas follows: (Insert any additional provisions) 11.1.1 This Agreement is entered into pursuant to Division 2, Part 3, Chapter 4 of the Public Contract Code. 11.1.2 Prevailing Wages. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code. As to those services that are "public works", Design - Builder shall comply in all respects with all applicable provisions of the California Labor Code and Title 8 of the California Code of Regulations, including those set forth in Exhibit H hereto. 11.1.3 Skilled and Trained Workforce. Design -Builder and its subcontractors at every tier will use a skilled and trained workforce to perform all Work that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of the Public Contract Code. Design -Builder executed and submitted to Owner an enforceable commitment to use a skilled and trained workforce as part of its submittal to the Request for Qualifications for this Agreement. 11.2 Listing of Exhibits and documents incorporated herein: Exhibit A — Owner's Project Criteria Exhibit B — GMP Exhibit Exhibit C — Schedule for Execution of Work Exhibit D — Insurance Exhibit Exhibit E — Form of Payment Bond Exhibit F — Form of Performance Bond Exhibit G — Form of Maintenance and Warranty Bond Exhibit H — California Labor Law Requirements X❑ Any claims, disputes, or controversies between the parties arising out of or related to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth in Section 10.2 of the General Conditions of Contract shall be resolved in a court of competent jurisdiction in the state in which the Project is located. DBIA Document No. 530 Page 20 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America In executing this Agreement, Owner and Design -Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein. DATED: �o%/w� Design -Builder: De La Secura, Inc dba (DLS Builders) 1975 N Batavia Steet Orange, CA 92685 By: Print or type NAME Print or type TITLE* DATED: ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CITY OF TEMECULA IN James Stewart, Mayor Caution: An original DBIA document has this caution printed in blue. This is a printable copy and an original assures that changes will not be obscured as may occur when documents are reproduced. DBIA Document No. 530 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP Page 21 © 2010 Design -Build Institute of America The license for use of this document expires 1 year from the date of purchase. To renew your license, visit store.dbia.org. Questions? We're here to help. Contact us Design -Build Institute of America 1331 Pennsylvania Ave. NW, 4th Floor Washington, DC 20004 (202) 682-0110 dbia(a)dbia.org Exhibit A Owners Project Criteria Owner's Project Criteria includes the following: - All services and requirements of City of Temecula Request for Proposal (RFP) No. 287 for Ronald Reagan Sports Park Hockey Rink Design Build, PW22-06 - All Addendums issued as part of RFP No 287 All documents, standards, or criteria referenced in, or included with the above documents, the general conditions, and this agreement. This includes, but is not limited to, the Ronald Reagan Sports Park Hockey Rink Schematic Design Guidelines. Unless specifically modified in this Exhibit A, project shall be delivered per the aforementioned documents. The specific revisions agreed by the Owner and Design -Builder are as follows: Revision # Revision 1 Replacement of all dasher boards, kickplate, and cap rail for the entire court. 2 Replacement of chain link fencing on the cap rail that is located along the sides of the court with plexiglass. 3 Deletion of chain link security fence surrounding project site. Exhibit B Guaranteed Maximum Price Exhibit DLS BUILDERS 011ANC;1=, LALIII . OWNER: CITY OF TEMECULA PROJECT: RONALD REAGAN SPORTS PARK HOCKEY RINK ADDRESS: 41000 MAIN STREET LOCATION: 30875 RANCHO VISTA RD. TEMECULA, CA 92590 TEMECULA, CA. 92591 PHONE: (951) 308-6385 RFP 279 CONTACT: KELLEN FREEMAN PW22-06 DESIGN BUILD DATE: 6/6/2024 DESIGN COST PROPOSAL ITEM NO. DESCRIPTION COST 1 Design Development Included 2 Construction Documents Included 3 Construction Administration Included 4 Preconstruction Services Included 5 Reimbursable Included 6 Contingency Included 7 Survey Included Subtotal: $90,909.00 Overhead & Profit, 10% $9,091.02 TOTAL DESIGN COST: $100,000.02 CONSTRUCTION COST PROPOSAL DIV. NO. TRADE COST General Requirements - Temporary Office,Temp. Fence, $86,100.00 01 Power, Toilets, Equipment rental Cleaning $10,684.16 02 Existing Conditions - Demo of existing walkway, $78,420.00 existing stairs, concrete slab at player and penalty boxes, removal of dasher boards to provide ADA modifications as required, removal of DLS Builders 1975 N. Batavia St., Orange, CA 92865 Tel.: (714) 998-3790 existing bleachers, removal of existing scoreboard and footing to landscape condition, remove (2) light poles in its entirety (return to owner), on west side of rink remove light fixtures that face the rink, saw -cut existing concrete for new utility and footing installation 03 Concrete - Installation of concrete stairs, new ADA $188,000.00 compliant ramp from sidewalk to rink area, concrete maintenance pad to accommodate two 20' conex boxes, install new concrete for player and penalty boxes, installation of new ADA viewing platform at existing concrete bleachers, install required footings for pre-fab metal building, patchback concrete from new utility installation 05 Steel - Fabrication and installation of pre-fab $874,500.00 metal building with roof material made of PBR 26 gauge, using standard color selection, height at eve will be 24'-0", height to bottom of siding on all four sides to be 12'-0", roofgutters to be installed and collect at downspout locations then sheet flow onto existing walkways around the hockey rink. Roof structure to withstand wind load of 97/MPH wind exposure C or current requirements at time of permitting Misc. Steel - Fabrication and installation of industry standard handrail and guardrails at new stairs and ADA ramp as required 09 Finishes - Drywall - Open drywall at Skate Park building to $3,000.00 access existing electrical/plumbing as needed. Patch drywall, finish to match existing Paint - Paint walls at Skate Park building from new $46,500.00 work, paint new metal handrails and guardrails at ADA ramp and new stairs, paint new pre-fab metal structure (columns/roof beams/girders/etc..) metal siding around permeter of building Flooring - Prep existing hockey rink as required $155,000.00 prior to installation of new floor tile, install new 12" x 12", Mateflex III or equal, interlocking floor tile throughout the entire hockey rink per RFP, new permanent game lines are to be marked to accomm- adate hockey, futsal and another sport T.B.D. 10 Specialties - Provide and install electronic scoreboard $160,000.00 with wireless control and mounted inside of roof structure. Provide and install (2) sets of ADA compliant DLS Builders 1975 N. Batavia St., Orange, CA 92865 Tel.: (714) 998-3790 bleachers with (2) 18" wheelchair companion seats with ramp and stairs. Provide and install new dasher board facing and kick plates at required ADA mod- ifications at player boxes, scorekeeping box, penalty boxes and any other entrances to the rink per RFP. Remove existing rink shielding at both ends of hockey rink, install new Acrylite RinkShield or approved equal in same location using existing channel framing at both ends of hockey rink. Provide and install cap rails at dasher boards as needed where ADA modifications are required 11 Equipment - Provide heavy equipment for transport $251,000.00 of structural steel from parking lot to designated location at rink site, provide scissor lifts for required high work, provide crane for lifting and placing of structural steel (columns/roof beams/girders/etc..) 15 Landscaping - Repair grass areas as required from $15,000.00 new underground electrical and plumbing installation from Skate Park building to hockey rink. Trimming of existing trees not included in proposal 22 Plumbing - Install Most Dependable Model 2440 SMSS $15,000.00 w/optional bottle filler drinking fountain, provide trenching for new water line from Skate Park building to new drinking fountain location at northeast corner of Hockey rink walkway, drinking fountain to be installed with drywell in lieu of new waste line installation 26 Electrical - Power figured to come from existing panel $130,000.00 at Skate Park building. Provide power for new electronic scoreboard, provide and install LED lighting suspended from roof structure with a rendition of 3,000 Kelvin or below, provide and install security lighting on exterior of structure, provide and install circulating fans at both gable ends of the roof structure, provide conduit throughout structure for new commun- ication systems, cameras, power, and speakers. Provide trenching for new electrical from Skate Park building hockey rink structure 32 Fencing - Provide and install 8'-0" high black chain link $65,000.00 fencing around perimeter of hockey rink area. Fencing to tie into existing fencing around skate park Subtotal: $2,078,204.16 US Builders 1975 N. Batavia St., Orange, CA 92865 Tel.: (714) 998-3790 Supervision $120,000.00 Project Management $31,173.06 Insurance & Builder Risk $31,173.06 Contractor Fees $93,519.19 General Construction Cost: $275,865.31 Contingency, 3% $70,622.08 Overhead&Profit,10% $235,406.95 Subtotal Project Proposal: $2,660,098.50 Bond $39,901.48 TOTAL CONSTRUCTION COST: $2,699,999.98 TOTAL DESIGN COST: $100,000.02 COST FOR DESIGN & CONSTRUCTION: $2,800,000.00 CITY REQUESTED CHANGES A Removing of Perimeter Fencing (DEDUCT) -$65,000.00 B Replace all of the dasher board facing (1/2"), kickplates (1/2"), and cap rail (3/4") around the entire rink, not just the ADA modifications. (ADD) $114,114.00 C Replace the chain link fencing that is on top of the dasher boards along the sides of the rink. with the same plexiglass that is being replaced around the corners/end. (ADD) $107,948.00 TOTAL OF REQUESTED CHANGES: $157,062.00 COST FOR DESIGN & CONSTRUCTION INCLUDING REQUESTED CHANGES: $2,957,062.00 DLS Builders 1975 N. Batavia St., Orange, CA 92865 Tel.: (714) 998-3790 Bid Qualifications City of Temecula - RR Sports Park Hockey Rink Bid Qualifications: 1) Existing Power panels at Adjacent restroom Building has enough power and the correct voltage for the Hockey Rink remodel. 2) Existing water source at the Adjacent restroom Building has enough water flow and pressure for a new drinking fountain located within the hockey rink footprint. 3) New Drinking fountain sewer accommodation will be made via a drywell. 4) Rainwater collected by the new Hockey rink roof will be brought down to the existing ground level via gutters and downspouts and then allowed to sheet flow as the existing hockey rink drains currently. No new WQMP's are included in this proposal. 5) The new Security fence to enclose the hockey rink will match the existing Skate park security fencing as close as possible. 6) We assume that the existing Hockey Rink surface and levelness will stay as is and the new tile system will be installed over this surface. 7) Hockey rink is based on 300 occupancy load. 8) New Hockey Rink tiles will be installed up to the dasher boards, not under them. 9) Dasher board replacement is figured only at (9) doors leading in & out of rink. 10) Other than areas clearly identified in the RFP as needing to be ADA complaint: Entry ramp, ADA seating, and rink accesses, all other existings conditions figured to remain as is. 11) Compensable delay to be charged $1000 a day, for delays caused by the City or it's agents. 12) Existing netting to remain and be reused. 13) This proposal includes striping for two sports, hockey and futsal. 14) Steel pricing is based on the purchase of the structure on or before July 15, 2024. After this date, there will be 10% cost increase dur to elevated steel cost. 15) No underlayment to be installed over existing hockey surface. 16) Excludes fire protection in our proposal. 17) All new perimeter gates figured to be installed with hasp and locks. 18) Removal and replacement of existing Conex boxes by others. Thank you, for the opportunity to bid this project. �'ceit'Sco&&�"e Scott Schalliol President US Builders 1975 N. Batavia St., Orange, CA 92865 Tel.: (714) 998-3790 Exhibit C Schedule for Execution of Work ID p V Task Mode Task Name Duration Start Finish January Jan February Feb March Mar April Apr May May June Jun July Jul August Au September Se October Oct November Nov December Dec January Jan February Feb March Mar April Apr May May June Jun July Jul August Au 1 Wo W4 W4 W4 W4 W4 Temecula RRSPHR RE -BID 1 1344 days Bid Submission 1 day City Review 5 days Interview 5 days City Selection 5 days City Council Approval 1 day Contract 12 days Kick Off 1 day Design 86 days DD Submission 28 days City review 10 days D Submission 28 days City Review 10 days Building Permit Approval 10 days Construction 172 days Temp fencing 5 days Utilitiy Investigation 5 days Survey 5 days City removal of 5 days equipment (cameras. Conex, etc) Demo Bleachers 3 days Removal of boards for 3 days access and conc. Pad demo Rough in electrical to 10 days site Rough in water to site 7 days for DF Sawcut, break, & 7 days remove for footings Excavation of footings 15 days Rebar placement / 5 days templates Concrete pour at 3 days footings Steel structure install 21 days Roofing system install 22 days Rough for lights / City 7 days Cameras Rough in for fans 7 days Rough in for scoreboard 7 days Install Electrical finish in 10 days roof structure Install new Bleachers 5 days Install new Dasher 18 days boards and glass Install Drinking Fountain 5 days Furnish and install 10 days perimeter fencing to tie into Skate Park Install new court tiles / 19 days finish Furnish and install new 17 days Concrete ramp from parking lot to court City OFOI items 10 days Testing of systems 10 days Landscape repairs 12 days Punchlist 10 days Final City Inpsections 10 days CO 1 day Removal of temp fence 5 days IN 3/29/24 Wed 7/23/25 Fri 3/29/24 Fri 3/29/24 Mon 4/1/24 Fri 4/5/24 Mon 4/8/24 Fri 4/12/24 Mon 4/15/24 Fri 4/19/24 Tue 7/9/24 Tue 7/9/24 Wed 7/10/24 Thu 7/25/24 Fri 7/26/24 Fri 7/26/24 Mon 7/29/24 Mon 11/25/24 Mon 7/29/24 Wed 9/4/24 Thu 9/5/24 Wed 9/18/24 Thu 9/19/24 Mon 10/28/24 Tue 10/29/24 Mon 11/11/24 Tue 11/12/24 Mon 11/25/24 Tue 11/26/24 Wed 7/23/25 Tue 11/26/24 Mon 12/2/24 Tue 12/3/24 Mon 12/9/24 Tue 12/10/24 Mon 12/16/24 Tue 12/10/24 Mon 12/16/24 Tue 12/10/24 Thu 12/12/24 Tue 12/17/24 Thu 12/19/24 Tue 12/17/24 Mon 12/30/24 Tue 12/17/24 Wed 12/25/24 Tue 12/17/24 Wed 12/25/24 Thu 12/26/24 Wed 1/15/25 Thu 1/16/25 Wed 1/22/25 Thu 1/23/25 Mon 1/27/25 Tue 1/28/25 Tue 2/25/25 Wed 2/26/25 Thu 3/27/25 Fri 3/28/25 Mon 4/7/25 Fri 3/28/25 Mon 4/7/25 Fri 3/28/25 Mon 4/7/25 Tue 4/8/25 Mon 4/21/25 Fri 3/28/25 Thu 4/3/25 Fri 3/28/25 Tue 4/22/25 Thu 12/26/24 Wed 1/1/25 Wed 4/23/25 Tue 5/6/25 Wed 4/23/25 Mon 5/19/25 Fri 3/28/25 Mon 4/21/25 Tue 5/20/25 Mon 6/2/25 Tue 6/3/25 Mon 6/16/25 Wed 5/7/25 Thu 5/22/25 Tue 6/17/25 Mon 6/30/25 Tue 7/1/25 Mon 7/14/25 Tue 7/15/25 Tue 7/15/25 Wed 7/16/25 Tue 7/22/25 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 :W Final Move out 1 day lWed 7/23/25 Wed 7/23/25 Project: Preliminary schedule Re Date: Tue 6/4/24 Task Summary ii Inactive Milestone O Duration -only Start -only C External Milestone ♦ Manual Progress Split ................ Project Summary Inactive Summary I 0 Manual Summary Rollup Finish -only 3 Deadline i Milestone ♦ Inactive Task Manual Task Manual Summary External Tasks Progress Page 1 Exhibit D Insurance Exhibit RONALD REAGAN SPORTS PARK HOCKEY RINK PROJECT EXHIBIT D Insurance 11.1.1 INSURANCE Design -Builder shall procure and maintain for the duration of this contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by Design -Builder, his agents, representatives, employees or subcontractors. Agreement will not be considered by the City Council until all insurance has been obtained that is required under this section and such insurance has been verified by Owner, nor shall Design -Builder allow any Subcontractor to commence work on its contract until all similar insurance required of the Subcontractor has been so obtained and approved. Minimum Scope and Limits of Insurance Design -Builder shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location. If Design -Builder is a limited liability company, the commercial general liability coverage shall be amended so that Design -Builder and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Design -Builder does not use any owned, non -owned or hired vehicles in the performance of services under this Agreement, Design -Builder shall obtain a non - owned auto endorsement to the Commercial General Liability policy required under this Section 11.1. Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Design -Builder has no employees while performing services under this Agreement, workers' compensation policy is not required, but Design -Builder shall provide an executed declaration that it has no employees. • Professional Liability Insurance [or Errors and Omissions Insurance] with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate Acceptability of Insurers The insurance policies required under this Section 11.1 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section. EXHIBIT D Page 1 RONALD REAGAN SPORTS PARK HOCKEY RINK PROJECT Additional Insured The commercial general, automobile liability, and professional liability insurance policies shall contain an endorsement naming the City of Temecula, its officers, officials, employees, agents and volunteers as additional insureds for all activities arising from this contract. Primary and Non -Contributing The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to Owner. Any insurance or self- insurance maintained by Owner, its officers, officials, employees, agents or volunteers, shall be in excess of Design -Builder's insurance and shall not contribute with it. Design -Builder's Waiver of Subrogation The insurance policies required under this Section shall not prohibit Design -Builder and Design - Builder's employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Design -Builder hereby waives all rights of subrogation against Owner. Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions must be approved by Owner. At Owner's option, Design -Builder shall either reduce or eliminate the deductibles or self -insured retentions with respect to Owner, or Design -Builder shall procure a bond guaranteeing payment of losses and expenses. Cancellations or Modifications to Coverage Design -Builder shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days' prior written notice to Owner. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Design -Builder shall, within two (2) business days of notice from the insurer, phone, fax or notify Owner via certified mail, return receipt requested, of the cancellation of or changes to the policy. Owner Remedy for Noncompliance If Design -Builder does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Design -Builder's policies do not comply with the requirements under this Section, Owner may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, Owner may, but has no duty to, take out the necessary insurance and pay, at Design -Builder's expense, the premium thereon. Design -Builder shall promptly reimburse City for any premium paid by Owner or Owner may withhold amounts sufficient to pay the premiums from payments due to Design -Builder. Evidence of Insurance A minimum of ten (10) calendar days prior to City Council consideration of award of the contract, Design -Builder shall furnish a certificate of insurance and all original endorsements evidencing and effecting the coverages required under this Section for review by Owner's Risk Manager. The certificate of insurance and all original endorsements evidencing and effecting the coverages required under EXHIBIT D Page 2 RONALD REAGAN SPORTS PARK HOCKEY RINK PROJECT this Section must receive approval from Owner's Risk Manager a minimum of five (5) calendar days prior to City Council consideration of award of the contract. The endorsements are subject to Owner's approval. Design -Builder may provide complete, certified copies of all required insurance policies to Owner. Design -Builder shall maintain current endorsements on file with Owner's Risk Manager. Design -Builder shall provide proof to Owner's Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Design -Builder shall furnish such proof at least two (2) weeks prior to the expiration of the coverages. Indemnity Requirements not Limiting Procurement of insurance by Design -Builder shall not be construed as a limitation of Design - Builder's liability or as full performance of Design -Builder's duty to indemnify under Article 7 of the General Conditions or any other provision of this Agreement. Subcontractor Insurance Requirements Design -Builder shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. EXHIBIT D Page 3 Exhibit E Form of Payment Bond CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. LABOR AND MATERIALS BOND for RONALD REAGAN SPORTS PARK HOCKEY RINK PROJECT NO. PW22-06 KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula has awarded to: NAME AND ADDRESS OF CONTRACTOR (hereinafter called "Contractor"), a contract for the work described as follows: RONALD REAGAN SPORTS PARK HOCKEY RINK, PROJECT NO. PW22-06 (hereinafter called "Contract"), and WHEREAS, said Contractor is required by the provisions of Sections 9550 through 9566 of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned Contractor, as Principal, and NAME AND ADDRESS OF SURETY are duly authorized to transact business under the laws of the State of California, as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, material men, and other persons employed in the performance of the aforesaid Contract and referred to in Section 9100 of the Civil Code, in the penal sum of DOLLARS AND CENTS ($ ), lawful money of the United States, said sum being not less than 100% of the estimated amount payable by the said City of Temecula under the terms of the Contract, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, or its heirs, executors, administrators, successors, and assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, implements or machinery, used in, upon, for, or about the performance of the work under the Contract to be done, or for any work or labor thereon of any kind or for amounts due under Section 13020 of the Unemployment Insurance Code with respect to such work or labor, as required by Section 9550 et seq. of the Civil Code, and provided that the claimant shall have complied with the provisions of said Civil Code, the Surety shall pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and shall also cover payment for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on this day of , 20 (Seal) SURETY: By: (Name) (Title) APPROVED AS TO FORM: PRINCIPAL: By: (Name) (Title) By: (Name) Peter M. Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. Exhibit F Form of Performance Bond CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. PERFORMANCE BOND for RONALD REAGAN SPORTS PARK HOCKEY RINK PROJECT NO. PW22-06 KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula, State of California, entered into a Contract on this day of , 20 , hereinafter called "Contract," with NAME AND ADDRESS OF CONTRACTOR (hereinafter called "Principal"), for the work described as follows: RONALD REAGAN SPORTS PARK HOCKEY RINK, PROJECT NO. PW22-06; and WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, WE, the Principal, and NAME AND ADDRESS OF SURETY are duly authorized to transact business under the laws of the State of California, as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of Temecula in the penal sum of DOLLARS AND CENTS ($ ), lawful money of the United States, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if the Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract, and in any alteration thereof made as therein provided, on its part to be kept and performed, at the time and in the manner therein specified, in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on this day of , 20 (Seal) SURETY: PRINCIPAL: M (Name) (Name) (Title) (Title) APPROVED AS TO FORM: (Name) Peter M. Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. Exhibit G Form of Maintenance and Warranty Bond CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. MAINTENANCE AND WARRANTY BOND for RONALD REAGAN SPORTS PARK HOCKEY RINK PROJECT NO. PW22-06 KNOW ALL PERSONS BY THESE PRESENT THAT E. NAME AND ADDRESS OF DESIGN -BUILD CONTRACTOR (hereinafter called "Principal"), and (fill in whether a Corporation, Partnership, or Individual) NAME AND ADDRESS OF SURETY (hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of DOLLARS AND CENTS ($ ) in lawful money of the United States, said sum being not less than ten percent of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Desing-Build Contract with the Owner, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the construction of RONALD REAGAN SPORTS PARK HOCKEY RINK, PROJECT NO. PW22- 06. WHEREAS, said Contract provides that the Principal will furnish a maintenance and warranty bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the day of , 20 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this day of , 20 (Seal) SURETY: By: (Name) (Title) APPROVED AS TO FORM: PRINCIPAL: By: (Name) (Title) By: (Name) Peter M. Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. Exhibit H California Labor Law Requirements EXHIBIT H TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Design -Builder ("Contractor") acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. Pursuant to Labor Code Section 1771.4, Contractor and each subcontractor shall furnish such records to the Labor Commissioner, at least monthly, in the form specified by the Labor Commissioner. H-1 12100-0001\2479375v1.doc 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Contractor or by 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 Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "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." 12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, H-2 12100-0001\2479375v1.doc conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement. H-3 12100-0001\2479375v1.doc STANDARD FORM OF GENERAL CONDITIONS OF CONTRACT BETWEEN OWNER AND DESIGN -BUILDER Document No. 535 Second Edition, 2010 © Design -Build Institute of America Washington, DC TABLE OF CONTENTS Article Name Page Article1 General...............................................................................................1 Article 2 Design -Builder's Services and Responsibilities..................................2 Article 3 Owner's Services and Responsibilities...............................................7 Article 4 Hazardous Conditions and Differing Site Conditions ..........................9 Article 5 Insurance and Bonds........................................................................10 Article6 Payment............................................................................................11 Article 7 Indemnification..................................................................................14 Article8 Time..................................................................................................15 Article 9 Changes to the Contract Price and Time..........................................16 Article 10 Contract Adjustments and Disputes..................................................18 Article 11 Stop Work and Termination for Cause..............................................19 Article 12 Electronic Data..................................................................................22 Article 13 Miscellaneous................................................................................... 23 Article 1 General 1.1 Mutual Obligations 1.1.1 Owner and Design -Builder commit at all times to cooperate fully with each other, and proceed on the basis of trust and good faith, to permit each party to realize the benefits afforded under the Contract Documents. 1.2 Basic Definitions 1.2.1 Agreement refers to the executed contract between Owner and Design -Builder under efter nnin Ne 525 Stapdar4 c,,rP4 of AgFeemept oet+AFe2 .a Dew- Lump c,,m (2010 F=diti9P ,,. DBIA Document No. 530, Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a Guaranteed Maximum Price (2010 Edition). 1.2.2 Basis of Design Documents are as follows: For DBIA Document No. 530, Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee With an Option for a Guaranteed Maximum Price, the Basis of Design Documents are those documents specifically listed in, as applicable, the GMP Exhibit or GMP Proposal as being the "Basis of Design Documents." Fete DBIA n„GUmep+ No. 525 cta , aFd Form of AgFeen3en n, ReF'o PFGjeG+ GFiteria D-G*gR Builder's Proposal and the Deviation. List, if any. 1.2.3 Construction Documents are the documents, consisting of Drawings and Specifications, to be prepared or assembled by the Design -Builder consistent with the Basis of Design Documents unless a deviation from the Basis of Design Documents is specifically set forth in a Change Order executed by both the Owner and Design -Builder, as part of the design review process contemplated by Section 2.4 of these General Conditions of Contract. 1.2.4 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents. 1.2.5 Design -Build Team is comprised of the Design -Builder, the Design Consultant, and key Subcontractors identified by the Design -Builder. 1.2.6 Design Consultant is a qualified, licensed design professional who is not an employee of Design -Builder, but is retained by Design -Builder, or employed or retained by anyone under contract with Design -Builder, to furnish design services required under the Contract Documents. A Design Sub -Consultant is a qualified, licensed design professional who is not an employee of the Design Consultant, but is retained by the Design Consultant or employed or retained by anyone under contract to Design Consultant, to furnish design services required under the Contract Documents. 1.2.7 Final Completion is the date on which all Work is complete in accordance with the Contract Documents, including but not limited to, any items identified in the punch list prepared under Section 6.6.1 and the submission of all documents set forth in Section 6.7.2. 1.2.8 Force Majeure Events are those events that are beyond the control of both Design - Builder and Owner, including the events of war, floods, labor disputes, earthquakes, epidemics, adverse weather conditions not reasonably anticipated, and other acts of God. 1.2.9 General Conditions of Contract refer to this DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design -Builder (2010 Edition). 1.2.10 GMP Exhibit means that exhibit attached to DBIA Document No. 530, Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee With an Option for a Guaranteed Maximum Price, which exhibit will have been agreed upon by Owner and Design -Builder prior to the execution of the Agreement. 1.2.11 GMP Proposal means that proposal developed by Design -Builder in accordance with Section 6.6 of DBIA Document No. 530, Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee With an Option for a Guaranteed Maximum Price. 1.2.12 Hazardous Conditions are any materials, wastes, substances and chemicals deemed to be hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of which are regulated by applicable Legal Requirements. 1.2.13 Legal Requirements are all applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi -government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work. 1.2.14 Owner's Project Criteria are developed by or for Owner to describe Owner's program requirements and objectives for the Project, including use, space, price, time, site and expandability requirements, as well as submittal requirements and other requirements governing Design -Builder's performance of the Work. Owner's Project Criteria may include conceptual documents, design criteria, design performance specifications, design specifications, and LEED® or other sustainable design criteria and other Project -specific technical materials and requirements. 1.2.15 Site is the land or premises on which the Project is located. 1.2.16 Subcontractor is any person or entity retained by Design -Builder as an independent contractor to perform a portion of the Work and shall include materialmen and suppliers. 1.2.17 Sub -Subcontractor is any person or entity retained by a Subcontractor as an independent contractor to perform any portion of a Subcontractor's Work and shall include materialmen and suppliers. 1.2.18 Substantial Completion or Substantially Complete means the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete in accordance with the Contract Documents so that Owner can occupy and use the Project or a portion thereof for its intended purposes. 1.2.19 Work is comprised of all Design -Builder's design, construction and other services required by the Contract Documents, including procuring and furnishing all materials, equipment, services and labor reasonably inferable from the Contract Documents. Article 2 Design -Builder's Services and Responsibilities 2.1 General Services. 2.1.1 Design -Builder's Representative shall be reasonably available to Owner and shall have the necessary expertise and experience required to supervise the Work. Design - Builder's Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design -Builder. Design -Builder's Representative may be replaced only with the mutual agreement of Owner and Design -Builder. 2.1.2 Design -Builder shall provide Owner with a monthly biweekly status report detailing the progress of the Work, including (i) whether the Work is proceeding according to schedule, (ii) whether discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) whether health and safety issues exist in connection with the Work; (iv) status of the contingency account to the extent provided for in the Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a Guaranteed Maximum Price; and (v) other items that require resolution so as not to jeopardize Design -Builder's ability to complete the Work for the Contract Price and within the Contract Time(s). 2.1.3 Unless a schedule for the execution of the Work has been attached to the Agreement as an exhibit at the time the Agreement is executed, Design -Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated by Section 2.1.4 hereof, a schedule for the execution of the Work for Owner's review and response. The schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Owner information and approvals are required to enable Design -Builder to achieve the Contract Time(s). The schedule shall be revised as required by conditions and progress of the Work, but such revisions shall not relieve Design -Builder of its obligations to complete the Work within the Contract Time(s), as such dates may be adjusted in accordance with the Contract Documents. Owner's review of, and response to, the schedule shall not be construed as relieving Design -Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work. 2.1.3.1 Prior to performing any construction phase services (including the removal or demolition of any existing facilities, structures, or improvements) the Design -Builder shall first acquire express written permission from the Owner. Failure to acquire this written permission prior to performing the work may result in the Owner requiring the Design - Builder to replace, restore, or reconstruct any affected facilities solely at the expense of the Design -Builder. Design -Builder shall provide at least 30 day notice prior to shutdown of the existing facility. 2.1.4 The parties will meet within seven (7) days after execution of the Agreement to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. 2.2 Design Professional Services. 2.2.1 Design -Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design -Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit Design -Builder to complete the Work consistent with the Contract Documents. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Design Consultant. 2.3 Standard of Care for Design Professional Services. 2.3.1 The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project. 2.4 Design Development Services. 2.4.1 Design -Builder and Owner shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that Owner may wish to review, which interim design submissions may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. Interim design submissions shall be consistent with the Basis of Design Documents, as the Basis of Design Documents may have been changed through the design process set forth in this Section 2.4.1. On or about the time of the scheduled submissions, Design -Builder and Owner shall meet and confer about the submissions, with Design -Builder identifying during such meetings, among other things, the evolution of the design and any changes to the Basis of Design Documents, or, if applicable, previously submitted design submissions. Changes to the Basis of Design Documents, including those that are deemed minor changes under Section 9.3.1, shall be processed in accordance with Article 9. Minutes of the meetings, including a full listing of all changes, will be maintained by Design -Builder and provided to all attendees for review. Following the design review meeting, Owner shall review and approve the interim design submissions and meeting minutes in a time that is consistent with the turnaround times set forth in Design -Builder's schedule. 2.4.2 Design -Builder shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions, as such submissions may have been modified in a design review meeting and recorded in the meetings minutes. The parties shall have a design review meeting to discuss, and Owner shall review and approve, the Construction Documents in accordance with the procedures set forth in Section 2.4.1 above. Design -Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit one set of approved Construction Documents to Owner prior to commencement of construction. 2.4.3 Owner's review and approval of interim design submissions, meeting minutes, and the Construction Documents is for the purpose of mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Owner's review nor approval of any interim design submissions, meeting minutes, and Construction Documents shall be deemed to transfer any design liability from Design -Builder to Owner. The Owner may provide documents to the Design -Builder that were prepared by other design professionals used to perform preliminary design or scoping for the project. The licensed design professionals employed or contracted by the Design -Builder shall assume responsible charge of these documents and any derivative works created from these documents. 2.4.4 To the extent not prohibited by the Contract Documents or Legal Requirements, with prior approval from and at the sole discretion of Owner, Design -Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. 2.5 Legal Requirements. 2.5.1 Design -Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements. 2.5.2 The Contract Price and/or Contract Time(s) shall be adjusted to compensate Design -Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work, or if a Guaranteed Maximum Price is established after the date of the Agreement, the date the parties agree upon the Guaranteed Maximum Price. Such effects may include, without limitation, revisions Design - Builder is required to make to the Construction Documents because of changes in Legal Requirements. 2.6 Government Approvals and Permits. 2.6.1 EXGept as identified OR n (1W ReF'o Permit List attaGhed as aR exhibit to the Agreement, Design -Builder shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees required for the prosecution of the Work by any government or quasi -government entity having jurisdiction over the Project. Fees for permits issued by Owner or inspections performed by staff of or consultants to Owner, shall be waived by Owner. In the event of repeated inspections for the same work, code violations, or non-compliance issues, Owner may charge Design -Builder the fully loaded hourly rates for staff and consultants. 2.6.2 Design -Builder shall provide reasonable assistance to Owner in obtaining those permits, approvals and licenses that are Owner's responsibility. 2.7 Design -Builder's Construction Phase Services. 2.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design -Builder shall provide through itself or Subcontractors the necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities and other temporary facilities to permit Design - Builder to complete construction of the Project consistent with the Contract Documents. 2.7.2 Design -Builder shall perform all construction activities efficiently and with the requisite expertise, skill and competence to satisfy the requirements of the Contract Documents. Design -Builder shall at all times exercise complete and exclusive control over the means, methods, sequences and techniques of construction. 2.7.3 Design -Builder shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Owner may reasonably object to Design -Builder's selection of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Owner's decision impacts Design -Builder's cost and/or time of performance. Design -Builder shall comply with Section 22166 and other applicable provisions of the Public Contract Code in the selection of Subcontractors. 2.7.4 Design -Builder assumes responsibility to Owner for the proper performance of the Work of Subcontractors and any acts and omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Subcontractor or Sub -Subcontractor, including but not limited to any third -party beneficiary rights. 2.7.5 Design -Builder shall coordinate the activities of all Subcontractors. If Owner performs other work on the Project or at the Site with separate contractors under Owner's control, Design -Builder agrees to reasonably cooperate and coordinate its activities with those of such separate contractors so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. 2.7.6 Design -Builder shall keep the Site reasonably free from debris, trash and construction wastes to permit Design -Builder to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. Upon Substantial Completion of the Work, or a portion of the Work, Design -Builder shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the Project for its intended use. 2.8 Design -Builder's Responsibility for Project Safety. 2.8.1 Design -Builder recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on -Site or off -Site, and (iii) all other property at the Site or adjacent thereto. Design - Builder assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work. Design -Builder shall, prior to commencing construction, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work. Unless otherwise required by the Contract Documents, Design -Builder's Safety Representative shall be an individual stationed at the Site who may have responsibilities on the Project in addition to safety. The Safety Representative shall make routine daily inspections of the Site and shall hold weekly safety meetings with Design -Builder's personnel, Subcontractors and others as applicable. 2.8.2 Design -Builder and Subcontractors shall comply with all Legal Requirements relating to safety, as well as any Owner -specific safety requirements set forth in the Contract Documents, provided that such Owner -specific requirements do not violate any applicable Legal Requirement. Design -Builder will immediately report in writing any safety - related injury, loss, damage or accident arising from the Work to Owner's Representative and, to the extent mandated by Legal Requirements, to all government or quasi - government authorities having jurisdiction over safety -related matters involving the Project or the Work. 2.8.3 Design -Builder's responsibility for safety under this Section 2.8 is not intended in any way to relieve Subcontractors and Sub -Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injuries, losses, damages or accidents resulting from their performance of the Work. 2.9 Design -Builder's Warranty. 2.9.1 Design -Builder warrants to Owner that the construction, including all materials and equipment furnished as part of the construction, shall be new unless otherwise specified in the Contract Documents, of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship. Design -Builder's warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work in a commercially reasonable manner. Nothing in this warranty is intended to limit any manufacturer's warranty which provides Owner with greater warranty rights than set forth in this Section 2.9 or the Contract Documents. Design -Builder will provide Owner with all manufacturers' warranties upon Substantial Completion. Design -Builder shall also provide Owner and one-year Maintenance and Warranty Bond in a form acceptable to Owner. 2.10 Correction of Defective Work. 2.10.1 Design -Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 2.9 hereof, within a period of one year from the date of Substantial Completion of the Work or any portion of the Work, or within such longer period to the extent required by any specific warranty included in the Contract Documents. 2.10.2 Design -Builder shall, within seven (7) days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design -Builder fails to commence the necessary steps within such seven (7) day period, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design -Builder with written notice that Owner will commence correction of such nonconforming Work with its own forces. If Owner does perform such corrective Work, Design -Builder shall be responsible for all reasonable costs incurred by Owner in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day period identified herein shall be deemed inapplicable. 2.10.3 The one-year period referenced in Section 2.10.1 above applies only to Design - Builder's obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Owner may have regarding Design - Builder's other obligations under the Contract Documents. Article 3 Owner's Services and Responsibilities 3.1 Duty to Cooperate. 3.1.1 Owner shall, throughout the performance of the Work, cooperate with Design - Builder and perform its responsibilities, obligations and services in a timely manner to facilitate Design -Builder's timely and efficient performance of the Work and so as not to delay or interfere with Design -Builder's performance of its obligations under the Contract Documents. 3.1.2 Owner shall provide timely reviews and approvals of interim design submissions and Construction Documents consistent with the turnaround times set forth in Design - Builder's schedule. 3.1.3 Owner shall give Design -Builder timely notice of any Work that Owner notices to be defective or not in compliance with the Contract Documents. 3.2 Furnishing of Services and Information. 3.2.1 Unless expressly stated to the contrary in the Contract Documents, Owner shall provide, at its own cost and expense, for Design -Builder's information and use the following, all of which Design -Builder is entitled to rely upon in performing the Work: Existing survey data Owner used to prepare the Schematic Design. Design - Builder shall be in responsible charge of this data once provided and will acquire any further information needed at their expense; 3.2.1.2 (_eeteGhR'Gal studies deSGribiRg s ubs urfaGe r.enditiORS and ether surveys deSGribiRg ether latent OF GenGealed physir.al r ORditions at the Site 3.2.1.3 Tempura Rd permanent easeMeRtS, zening and other reqUeMeRtS aia-eec�bra,ReeS�ffect+Rg,lant use, to permit the proper reoigR and GE)RStF61GtiGR of the Dreient and a able Desi..R Builder to perform the Work; 3.2.1.4 A legal deSGFiptien of the Site; 3.2.1.5 To the extent available, record drawings of any existing structures at the Site; and 3.2.1.6 To the extent available, environmental studies, reports and impact statements describing the environmental conditions, including Hazardous Conditions, in existence at the Site. 3.2.2 Owner is responsible for securing and executing all necessary agreements with adjacent land or property owners that are necessary to enable Design -Builder to perform the Work. Owner is further responsible for all costs, including attorneys' fees, incurred in securing these necessary agreements. 3.3 Financial Information. 3.3.1 At Design -Builder's request, Owner shall promptly furnish reasonable evidence satisfactory to Design -Builder that Owner has adequate funds available and committed to fulfill all of Owner's contractual obligations under the Contract Documents. If Owner fails to furnish such financial information in a timely manner, Design -Builder may stop Work under Section 11.3 hereof or exercise any other right permitted under the Contract Documents. 3.3.2 Design -Builder shall cooperate with the reasonable requirements of Owner's lenders or other financial sources. Notwithstanding the preceding sentence, after execution of the Agreement Design -Builder shall have no obligation to execute for Owner or Owner's lenders or other financial sources any documents or agreements that require Design - Builder to assume obligations or responsibilities greater than those existing obligations Design -Builder has under the Contract Documents. 3.4 Owner's Representative. 3.4.1 Owner's Representative shall be responsible for providing Owner -supplied information and approvals in a timely manner to permit Design -Builder to fulfill its obligations under the Contract Documents. Owner's Representative shall also provide Design -Builder with prompt notice if it observes any failure on the part of Design -Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. Owner's Representative shall communicate regularly with Design -Builder and shall be vested with the authority to act on behalf of Owner. 3.5 Government Approvals and Permits. 3.5.2 Owner shall provide reasonable assistance to Design -Builder in obtaining those permits, approvals and licenses that are Design -Builder's responsibility. 3.6 Owner's Separate Contractors. 3.6.1 Owner is responsible for all work performed on the Project or at the Site by separate contractors under Owner's control. Owner shall contractually require its separate contractors to cooperate with, and coordinate their activities so as not to interfere with, Design -Builder in order to enable Design -Builder to timely complete the Work consistent with the Contract Documents. Design -Builder shall allow reasonable access to the Site by other contractors under control of Owner. Article 4 Hazardous Conditions and Differing Site Conditions 4.1 Hazardous Conditions. 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, Design -Builder is not responsible for any Hazardous Conditions encountered at the Site. Upon encountering any Hazardous Conditions, Design -Builder will stop Work immediately in the affected area and duly notify Owner and, if required by Legal Requirements, all government or quasi -government entities with jurisdiction over the Project or Site. 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that Owner must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 4.1.3 Design -Builder shall be obligated to resume Work at the affected area of the Project only after Owner's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi -government entities having jurisdiction over the Project or Site. 4.1.4 Design -Builder will be entitled, in accordance with these General Conditions of Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 4.1.5 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site. 4.1.6 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for Hazardous Conditions introduced to the Site by Design -Builder, Subcontractors or anyone for whose acts they may be liable. To the fullest extent permitted by law, Design -Builder shall indemnify, defend and hold harmless Owner and Owner's officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the Site by Design -Builder, Subcontractors or anyone for whose acts they may be liable. 4.2 Differing Site Conditions. 4.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work are collectively referred to herein as "Differing Site Conditions." If Design -Builder encounters a Differing Site Condition, Design -Builder will be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance are adversely impacted by the Differing Site Condition. 4.2.2 Upon encountering a Differing Site Condition, Design -Builder shall provide prompt written notice to Owner of such condition, which notice shall not be later than fourteen (14) days after such condition has been encountered. Design -Builder shall, to the extent reasonably possible, provide such notice before the Differing Site Condition has been substantially disturbed or altered. Article 5 Insurance and Bonds 5.1 Design -Builder's Insurance Requirements. 5.1.1 Design -Builder is responsible for procuring and maintaining the insurance for the coverage amounts all as set forth in the Insurance Exhibit to the Agreement. Coverage shall be secured from insurance companies authorized to do business in the state in which the Project is located, and with a minimum rating set forth in the Agreement. 5.1.2 Design -Builder's insurance shall specifically delete any design -build or similar exclusions that could compromise coverages because of the design -build delivery of the Project. 5.1.3 Prior to commencing any construction services hereunder, Design -Builder shall provide Owner with certificates evidencing that (i) all insurance obligations required by the Contract Documents are in full force and in effect and will remain in effect for the duration required by the Contract Documents and (ii) no insurance coverage will be canceled, renewal refused, or materially changed unless at least thirty (30) days prior written notice is given to Owner. If any of the foregoing insurance coverages are required to remain in force after final payment are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the Final Application for Payment. If any information concerning reduction of coverage is not furnished by the insurer, it shall be furnished by the Design -Builder with reasonable promptness according to the Design - Builder's information and belief. ��.=.rnr_rrr.� � m rr� rrsnxrra� 5.4 Bonds and Other Performance Security. 5.4.1 If Owner requires Design -Builder to obtain performance and labor and material payment bonds, or other forms of performance security, the amount, form and other conditions of such security shall be as set forth in the Agreement. 5.4.2 All bonds furnished by Design -Builder shall be in a form satisfactory to Owner. The surety shall be a company qualified and registered to conduct business in the state in which the Project is located. Article 6 Payment 6.1 Schedule of Values. 6.1.1 Unless required by the Owner upon execution of this Agreement, within ten (10) days of execution of the Agreement, Design -Builder shall submit for Owner's review and approval a schedule of values for all of the Work. The Schedule of Values will (i) subdivide the Work into its respective parts, (ii) include values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made to Design -Builder throughout the Work. 6.1.2 The Owner will timely review and approve the schedule of values so as not to delay the submission of the Design -Builder's first application for payment. The Owner and Design -Builder shall timely resolve any differences so as not to delay the Design -Builder's submission of its first application for payment. 6.2 Monthly Progress Payments. 6.2.1 Prior to submittal of the monthly progress payment application, the Design -Builder and Owner shall review a "draft" payment application and review the project completion status. On or before the date established in the Agreement, Design -Builder shall submit for Owner's review and approval its Application for Payment requesting payment for all Work performed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by Section 2.1.4 hereof. 6.2.2 The Application for Payment may request payment for equipment and materials not yet incorporated into the Project, provided that (i) Owner is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location, (ii) the equipment and materials are protected by suitable insurance and (iii) upon payment, Owner will receive the equipment and materials free and clear of all liens and encumbrances. 6.2.3 All discounts offered by Subcontractor, Sub -Subcontractors and suppliers to Design -Builder for early payment shall accrue one hundred percent to Design -Builder to the extent Design -Builder advances payment. Unless Owner advances payment to Design - Builder specifically to receive the discount, Design -Builder may include in its Application for Payment the full undiscounted cost of the item for which payment is sought. 6.2.4 The Application for Payment shall constitute Design -Builder's representation that the Work described herein has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Project, or upon Design -Builder's receipt of payment, whichever occurs earlier. 6.3 Withholding of Payments. 6.3.1 On or before the date established in the Agreement, Owner shall pay Design - Builder all amounts properly due. If Owner determines that Design -Builder is not entitled to all or part of an Application for Payment as a result of Design -Builder's failure to meet its obligations hereunder, it will notify Design -Builder in writing at least five (5) days prior to the date payment is due. The notice shall indicate the specific amounts Owner intends to withhold, the reasons and contractual basis for the withholding, and the specific measures Design -Builder must take to rectify Owner's concerns. Design -Builder and Owner will attempt to resolve Owner's concerns prior to the date payment is due. If the parties cannot resolve such concerns, Design -Builder may pursue its rights under the Contract Documents, including those under Article 10 hereof. 6.3.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design -Builder all undisputed amounts in an Application for Payment within the times required by the Agreement. 6.4 Right to Stop Work and Interest. 6.4.1 If Owner fails to pay timely Design -Builder any amount that becomes due, Design - Builder, in addition to all other remedies provided in the Contract Documents, may stop Work pursuant to Section 11.3 hereof. °1 payments due and , aid shall hoar interest at the-o+o oo+ forth On the AgreemeRt. 6.5 Design -Builder's Payment Obligations. 6.5.1 Design -Builder will pay Design Consultants and Subcontractors, in accordance with its contractual obligations to such parties, all the amounts Design -Builder has received from Owner on account of their work. Design -Builder will impose similar requirements on Design Consultants and Subcontractors to pay those parties with whom they have contracted. Design -Builder will indemnify and defend Owner against any claims for payment and mechanic's liens as set forth in Section 7.3 hereof. 6.6 Substantial Completion. 6.6.1 Design -Builder shall notify Owner when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is Substantially Complete. Within five (5) seven (7) days of Owner's receipt of Design -Builder's notice, Owner and Design -Builder will jointly inspect such Work to verify that it is Substantially Complete in accordance with the requirements of the Contract Documents. If such Work is Substantially Complete, Owner shall prepare and issue a Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of Work that have to be completed before final payment, (iii) provisions (to the extent not already provided in the Contract Documents) establishing Owner's and Design -Builder's responsibility for the Project's security, maintenance, utilities and insurance pending final payment, and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 6.6.3 Owner, at its option, may use a portion of the Work which has been determined to be Substantially Complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in Section 6.6.1 above, (ii) Design -Builder and Owner have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project, and (iii) Owner and Design -Builder agree that Owner's use or occupancy will not interfere with Design -Builder's completion of the remaining Work. 6.7 Final Payment. 6.7.1 After receipt of a Final Application for Payment from Design -Builder, Owner shall make final payment by the time required in the Agreement, provided that Design -Builder has achieved Final Completion. 6.7.2 At the time of submission of its Final Application for Payment, Design -Builder shall provide the following information: 6.7.2.1 An affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner's interests; 6.7.2.2 A general release executed by Design -Builder waiving, upon receipt of final payment by Design -Builder, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of final payment; 6.7.2.3 Consent of Design -Builder's surety, if any, to final payment; 6.7.2.4 All operating manuals, warranties and other deliverables required by the Contract Documents; and 6.7.2.5 Certificates of insurance confirming that required coverages will remain in effect consistent with the requirements of the Contract Documents. 6.7.2.6 Three full size sets of site and building plans and corresponding CADD files. 6.7.3 Upon making final payment, Owner waives all claims against Design -Builder except claims relating to (i) Design -Builder's failure to satisfy its payment obligations, if such failure affects Owner's interests, (ii) Design -Builder's failure to complete the Work consistent with the Contract Documents, including defects appearing after Substantial Completion and (iii) the terms of any special warranties required by the Contract Documents. 6.7.4 Deficiencies in the Work discovered after Substantial Completion, whether or not such deficiencies would have been included on the Punch List if discovered earlier, shall be deemed warranty Work. Such deficiencies shall be corrected by Design -Builder under Sections 2.9 and 2.10 herein, and shall not be a reason to withhold final payment from Design -Builder, provided, however, that Owner shall be entitled to withhold from the Final Payment the reasonable value of completion of such deficient work until such work is completed. Article 7 Indemnification 7.1 Patent and Copyright Infringement. 7.1.1 Design -Builder shall defend any action or proceeding brought against Owner based on any claim that the Work, or any part thereof, or the operation or use of the Work or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt written notice to Design -Builder of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Design -Builder shall indemnify and hold harmless Owner from and against all damages and costs, including but not limited to attorneys' fees and expenses awarded against Owner or Design -Builder in any such action or proceeding. Design -Builder agrees to keep Owner informed of all developments in the defense of such actions. 7.1.2 If Owner is enjoined from the operation or use of the Work, or any part thereof, as the result of any patent or copyright suit, claim, or proceeding, Design -Builder shall at its sole expense take reasonable steps to procure the right to operate or use the Work. If Design -Builder cannot so procure such right within a reasonable time, Design -Builder shall promptly, at Design -Builder's option and at Design -Builder's expense, (i) modify the Work so as to avoid infringement of any such patent or copyright or (ii) replace said Work with Work that does not infringe or violate any such patent or copyright. 7.1.3 Sections 7.1.1 and 7.1.2 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer specified by Owner and not offered or recommended by Design -Builder to Owner or (ii) arising from modifications to the Work by Owner or its agents after acceptance of the Work. If the suit, claim or proceeding is based upon events set forth in the preceding sentence, Owner shall defend, indemnify and hold harmless Design -Builder to the same extent Design -Builder is obligated to defend, indemnify and hold harmless Owner in Section 7.1.1 above. 7.1.4 The obligations set forth in this Section 7.1 shall constitute the sole agreement between the parties relating to liability for infringement of violation of any patent or copyright. 7.3 Payment Claim Indemnification. 7.3.1 Provided that Owner is not in breach of its contractual obligation to make payments to Design -Builder for the Work, Design -Builder shall indemnify, defend and hold harmless Owner from any claims or mechanic's liens brought against Owner or against the Project as a result of the failure of Design -Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within three (3) days of receiving written notice from Owner that such a claim or mechanic's lien has been filed, Design -Builder shall commence to take the steps necessary to discharge said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond. If Design -Builder fails to do so, Owner will have the right to discharge the claim or lien and hold Design -Builder liable for costs and expenses incurred, including attorneys' fees. 7.4 Design -Builder's General Indemnification. 7.4.1 Design -Builder, to the fullest extent permitted by law, shall indemnify, hold harmless and defend Owner, its officers, directors, and employees from and against claims, losses, damages, liabilities, including attorneys' fees and expenses, for bodily injury, sickness or death, and property damage or destruction (other than to the Work itself) to the extent resulting from the negligent acts or omissions of Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable. 7.4.2 If an employee of Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable has a claim against Owner, its officers, directors, employees, or agents, Design - Builder's indemnity obligation set forth in Section 7.4.1 above shall not be limited by any limitation on the amount of damages, compensation or benefits payable by or for Design - Builder, Design Consultants, Subcontractors, or other entity under any employee benefit acts, including workers' compensation or disability acts. Article 8 Time 8.1 Obligation to Achieve the Contract Times. 8.1.1 Design -Builder agrees that it will commence performance of the Work and achieve the Contract Time(s) in accordance with Article 5 of the Agreement. 8.2 Delays to the Work. 8.2.1 If Design -Builder is delayed in the performance of the Work due to acts, omissions, conditions, events, or circumstances beyond its control and due to no fault of its own or those for whom Design -Builder is responsible, the Contract Time(s) for performance shall be reasonably extended by Change Order. By way of example, events that will entitle Design -Builder to an extension of the Contract Time(s) include acts or omissions of Owner or anyone under Owner's control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, and Force Majeure Events. Normal anticipated weather for the geographical location of the Site is incorporated into the schedule referenced in Section 2.1.3, and shall not be a basis for extension pursuant to this Section. 8.2.2 In addition to Design -Builder's right to a time extension for those events set forth in Section 8.2.1 above, Design -Builder shall also be entitled to an appropriate adjustment of the Contract Price provided, however, that the Contract Price shall not be adjusted for Force Majeure Events unless otherwise provided in the Agreement. Article 9 Changes to the Contract Price and Time 9.1 Change Orders. 9.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by Owner and Design -Builder, stating their agreement upon all of the following: 9.1.1.1 The scope of the change in the Work; 9.1.1.2 The amount of the adjustment to the Contract Price; and 9.1.1.3 The extent of the adjustment to the Contract Time(s). 9.1.2 All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Owner and Design -Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 9.2 Work Change Directives. 9.2.1 A Work Change Directive is a written order prepared and signed by Owner directing a change in the Work prior to agreement on an adjustment in the Contract Price and/or the Contract Time(s). 9.2.2 Owner and Design -Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties shall prepare and execute an appropriate Change Order reflecting the terms of the agreement. 9.3 Minor Changes in the Work. 9.3.1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship required by the Contract Documents. Design -Builder may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however, that Design -Builder shall promptly inform Owner, in writing, of any such changes and record such changes on the documents maintained by Design -Builder. 9.4 Contract Price Adjustments. 9.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods: 9.4.1.1 Unit prices set forth in the Agreement or as subsequently agreed to between the parties; 9.4.1.2 A mutually accepted lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by Owner; 9.4.1.3 Costs, fees and any other markups set forth in the Agreement; or 9.4.1.4 If an increase or decrease cannot be agreed to asset forth in items 9.4.1.1 through 9.4.1.3 above and Owner issues a Work Change Directive, the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including a reasonable overhead and profit, as may be set forth in the Agreement. 9.4.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design -Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted. 9.4.3 If Owner and Design -Builder disagree upon whether Design -Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed changes to the Work, Owner and Design -Builder shall resolve the disagreement pursuant to Article 10 hereof. As part of the negotiation process, Design -Builder shall furnish Owner with a good faith estimate of the costs to perform the disputed services in accordance with Owner's interpretations. If the parties are unable to agree and Owner expects Design -Builder to perform the services in accordance with Owner's interpretations, Design -Builder shall proceed to perform the disputed services, conditioned upon Owner issuing a written order to Design -Builder (i) directing Design - Builder to proceed and (ii) specifying Owner's interpretation of the services that are to be performed. If this occurs, Design -Builder shall be entitled to submit in its Applications for Payment an amount equal to fifty percent (50%) of its reasonable estimated direct cost to perform the services, and Owner agrees to pay such amounts, with the express understanding that (i) such payment by Owner does not prejudice Owner's right to argue that it has no responsibility to pay for such services and (ii) receipt of such payment by Design -Builder does not prejudice Design -Builder's right to seek full payment of the disputed services if Owner's order is deemed to be a change to the Work. 9.5 Emergencies. 9.5.1 In any emergency affecting the safety of persons and/or property, Design -Builder shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and/or Contract Time(s) on account of emergency work shall be determined as provided in this Article 9. Article 10 Contract Adjustments and Disputes 10.1 Requests for Contract Adjustments and Relief. 10.1.1 If either Design -Builder or Owner believes that it is entitled to relief against the other for any event arising out of or related to the Work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in applicable sections of these General Conditions of Contract. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed twenty-one (21) days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request. 10.2 Dispute Avoidance and Resolution. 10.2.1 The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Design -Builder and Owner each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. 10.2.2 Design -Builder and Owner will first attempt to resolve disputes or disagreements at the field level through discussions between Design -Builder's Representative and Owner's Representative which shall conclude within fourteen (14) days of the written notice provided for in Section 10.1.1 unless the Owner and Design -Builder mutually agree otherwise. 10.2.3 If a dispute or disagreement cannot be resolved through Design -Builder's Representative and Owner's Representative, the procedures set forth in Section 10.2.4 shall be followed. DeSigeu;:Qer's Sen;orRep;eseRtative—and &wrter's Sen;or Representative, 61PGR the request of either party, shall meet as SGOR as GGRVeRieRtly possible, but in no Gase later thaR thii4y (30) days after GUGh a request is made, to attempt. to resolve such dispute E)F disag%eMeRt. Five (5) days prier to aRY MeetiRgG betIA4 _11 th- Nnodes On resolving theip dispute r dio nt 10.2.4 All claims arising out of or related to the Contract Documents or this Project. and the consideration and payment of such claims, are subject to the Government Claims Act Government Code Section 810 et seg.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seg. (Article 1.5), where applicable. This contract hereby incorporates those provisions as though fully set forth herein. Thus. the Design -Builder or any subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable). and must then adhere to Section 9204 and Article 1.5 (as applicable), pursuant to the definition of "claim" as individually defined therein. 10.4 Duty to Continue Performance. 10.4.1 Unless provided to the contrary in the Contract Documents, Design -Builder shall continue to perform the Work and Owner shall continue to satisfy its payment obligations to Design -Builder, pending the final resolution of any dispute or disagreement between Design -Builder and Owner. The disputed Work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Design -Builder shall keep accurate, detailed records of all disputed Work, claims and other disputed matters. 10.5 CONSEQUENTIAL DAMAGES. 10.5.1 NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY (EXCEPT AS SET FORTH IN SECTION 10.5.2 BELOW), NEITHER DESIGN -BUILDER NOR OWNER SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL LOSSES OR DAMAGES, WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSSES OF USE, PROFITS, BUSINESS, REPUTATION OR FINANCING. 10.5.2 The consequential damages limitation set forth in Section 10.5.1 above is not intended to affect the payment of liquidated damages or lost early completion bonus, if any, set forth in Article 5 of the Agreement, which both parties recognize has been established, in part, to reimburse Owner or reward Design -Builder for some damages that might otherwise be deemed to be consequential. Article 11 Stop Work and Termination for Cause 11.1 Owner's Right to Stop Work. 11.1.1 Owner may, without cause and for its convenience, order Design -Builder in writing to stop and suspend the Work. Such suspension shall not exceed sixty (60) consecutive days or aggregate more than ninety (90) days during the duration of the Project. 11.1.2 Design -Builder is entitled to seek an adjustment of the Contract Price and/or Contract Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of stoppage of the Work by Owner. 11.2 Owner's Right to Perform and Terminate for Cause. 11.2.1 If Design -Builder persistently fails to (i) provide a sufficient number of skilled workers, (ii) supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Design Consultants or Subcontractors, (v) prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted, or (vi) perform material obligations under the Contract Documents, then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law, shall have the rights set forth in Sections 11.2.2 and 11.2.3 below. 11.2.2 Upon the occurrence of an event set forth in Section 11.2.1 above, Owner may provide written notice to Design -Builder that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Design - Builder's receipt of such notice. If Design -Builder fails to cure, or reasonably commence to cure, such problem, then Owner may give a second written notice to Design -Builder of its intent to terminate within an additional seven (7) day period. If Design -Builder, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Owner may declare the Agreement terminated for default by providing written notice to Design -Builder of such declaration. 11.2.3 Upon declaring the Agreement terminated pursuant to Section 11.2.2 above, Owner may enter upon the premises and take possession, for the purpose of completing the Work, of all materials, equipment, scaffolds, tools, appliances and other items thereon, which have been purchased or provided for the performance of the Work, all of which Design -Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items. In the event of such termination, Design - Builder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents. At such time, if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work, such excess shall be paid by Owner to Design - Builder. Notwithstanding the preceding sentence, if the Agreement establishes a Guaranteed Maximum Price, Design -Builder will only be entitled to be paid for Work performed prior to its default. If Owner's cost and expense of completing the Work exceeds the unpaid balance of the Contract Price, then Design -Builder shall be obligated to pay the difference to Owner. Such costs and expense shall include not only the cost of completing the Work, but also losses, damages, costs and expense, including attorneys' fees and expenses, incurred by Owner in connection with the reprocurement and defense of claims arising from Design -Builder's default, subject to the waiver of consequential damages set forth in Section 10.5 hereof. 11.2.4 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of Article 8 of the Agreement. 11.3 Design -Builder's Right to Stop Work. 11.3.1 Design -Builder may, in addition to any other rights afforded under the Contract Documents or at law, stop the Work for the following reasons: 11.3.1.1 Owner's failure to provide financial assurances as required under Section 3.3 hereof; or 11.3.1.2 Owner's failure to pay amounts properly due under Design -Builder's Application for Payment. 11.3.2 Should any of the events set forth in Section 11.3.1 above occur, Design -Builder has the right to provide Owner with written notice that Design -Builder will stop the Work unless said event is cured within seven (7) days from Owner's receipt of Design -Builder's notice. If Owner does not cure the problem within such seven (7) day period, Design - Builder may stop the Work. In such case, Design -Builder shall be entitled to make a claim for adjustment to the Contract Price and Contract Time(s) to the extent it has been adversely impacted by such stoppage. 11.4 Design -Builder's Right to Terminate for Cause. 11.4.1 Design -Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement for cause for the following reasons: 11.4.1.1 The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, because of court order, any government authority having jurisdiction over the Work, or orders by Owner under Section 11.1.1 hereof, provided that such stoppages are not due to the acts or omissions of Design -Builder or anyone for whose acts Design -Builder may be responsible. 11.4.1.2 Owner's failure to provide Design -Builder with any information, permits or approvals that are Owner's responsibility under the Contract Documents which result in the Work being stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, even though Owner has not ordered Design -Builder in writing to stop and suspend the Work pursuant to Section 11.1.1 hereof. 11.4.1.3 Owner's failure to cure the problems set forth in Section 11.3.1 above after Design -Builder has stopped the Work. 11.4.2 Upon the occurrence of an event set forth in Section 11.4.1 above, Design -Builder may provide written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Owner's receipt of such notice. If Owner fails to cure, or reasonably commence to cure, such problem, then Design -Builder may give a second written notice to Owner of its intent to terminate within an additional seven (7) day period. If Owner, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Design -Builder may declare the Agreement terminated for default by providing written notice to Owner of such declaration. In such case, Design -Builder shall be entitled to recover in the same manner as if Owner had terminated the Agreement for its convenience under Article 8 of the Agreement. 11.5 Bankruptcy of Owner or Design -Builder. 11.5.1 If either Owner or Design -Builder institutes or has instituted against it a case under the United States Bankruptcy Code (such party being referred to as the "Bankrupt Party"), such event may impair or frustrate the Bankrupt Party's ability to perform its obligations under the Contract Documents. Accordingly, should such event occur: 11.5.1.1 The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non -Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten (10) days after receiving notice of the request; and 11.5.1.2 The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute such action. If the Bankrupt Party fails to comply with its foregoing obligations, the non -Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated and pursue any other recourse available to the non -Bankrupt Party under this Article 11. 11.5.2 The rights and remedies under Section 11.5.1 above shall not be deemed to limit the ability of the non -Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design -Builder to stop Work under any applicable provision of these General Conditions of Contract. Article 12 Electronic Data 12.1 Electronic Data. 12.1.1 The parties recognize that Contract Documents, including drawings, specifications and three-dimensional modeling (such as Building Information Models) and other Work Product may be transmitted among Owner, Design -Builder and others in electronic media as an alternative to paper hard copies (collectively "Electronic Data"). 12.2 Transmission of Electronic Data. 12.2.1 Owner and Design -Builder shall agree upon the software and the format for the transmission of Electronic Data. Each party shall be responsible for securing the legal rights to access the agreed -upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the Electronic Data. 12.2.2 Neither party makes any representations or warranties to the other with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. Unless specifically set forth in the Agreement, ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated, transmitted, generated or interpreted. 12.2.3 By transmitting Work Product in electronic form, the transmitting party does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4 of the Agreement. Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of tangible goods. 12.3 Electronic Data Protocol. 12.3.1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge, including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and, in consideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree, to the following protocols, terms and conditions set forth in this Section 12.3. 12.3.2 Electronic Data will be transmitted in the format agreed upon in Section 12.2.1 above, including file conventions and document properties, unless prior arrangements are made in advance in writing. 12.3.3 The Electronic Data represents the information at a particular point in time and is subject to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data, which protocol shall also address the duty, if any, to update such information, data or other information contained in the electronic media if such information changes prior to Final Completion of the Project. 12.3.4 The transmitting party specifically disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data via electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data, unless such data is materially changed or altered after it is transmitted to the receiving party, and the transmitting party did not participate in such change or alteration. Article 13 Miscellaneous 13.1 Confidential Information. 13.1.1 Confidential Information is defined as information which is determined by the transmitting party to be of a confidential or proprietary nature and: (i) the transmitting party identifies as either confidential or proprietary; (ii) the transmitting party takes steps to maintain the confidential or proprietary nature of the information; and (iii) the document is not otherwise available in or considered to be in the public domain. The receiving party agrees to maintain the confidentiality of the Confidential Information and agrees to use the Confidential Information solely in connection with the Project. 13.2 Assignment. 13.2.1 Neither Design -Builder nor Owner shall, without the written consent of the other assign, transfer or sublet any portion or part of the Work or the obligations required by the Contract Documents. 13.3 Successorship. 13.3.1 Design -Builder and Owner intend that the provisions of the Contract Documents are binding upon the parties, their employees, agents, heirs, successors and assigns. 13.4 Governing Law. 13.4.1 The Agreement and all Contract Documents shall be governed by the laws of the place of the Project, without giving effect to its conflict of law principles. 13.5 Severability. 13.5.1 If any provision or any part of a provision of the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted. 13.6 No Waiver. 13.6.1 The failure of either Design -Builder or Owner to insist, in any one or more instances, on the performance of any of the obligations required by the other under the Contract Documents shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance. 13.7 Headings. 13.7.1 The headings used in these General Conditions of Contract, or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision. 13.8 Notice. 13.8.1 Whenever the Contract Documents require that notice be provided to the other party, notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice, (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address indicated in the Agreement, or (iii) if transmitted by facsimile, by the time stated in a machine generated confirmation that notice was received at the facsimile number of the intended recipient. 13.9 Amendments. 13.9.1 The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of each party. Alk f The Heart of Southern California Wine Country RONALD REAGAN SPORTS PARK HOCKEY RINK Parks/Recreation Project Project Description: This project will include the renovation of the existing hockey rink to install new flooring material and arena style roof structure. Benefit: This project will upgrade the existing aging facility and provide state- of-the-art recreation opportunity for the City's residents. Core Value: Healthy and Livable City Project Status: Construction anticipated to begin Q1 of 2025. Department: Public Works - Account No. 210.265.999.5800.PW22-06 / 223 Level: I City of Temecula Fiscal Years 2025-29 Capital Improvement Program 2024-25 Prior Years 2023-24 Proposed 2025-26 2026-27 2027-28 2028-29 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost 5801-Administration 75,223 255,000 330,223 5804-Construction 1,548,594 1,465,406 3,014,000 5805-Construction Engineering 30,000 70,000 100,000 5802-Design & Environmental 50,712 25,471 76,183 5809-Information Technology 100,000 100,000 Total Expenditures 1 125,9351 1,959,065 1,535,406 3,620,406 Source of Funds: 4244-DIF-Park & Rec Improvements 1,014,974 1,014,974 4240-DIF-Quimby 520,432 520,432 4002-Measure S 125,935 1,959,065 2,085,000 Total Funding 125,935 1,959,065 1,535,406 3,620,406 Future Operating & Maintenance Costs: Total Operating Costs 187 Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: July 9, 2024 SUBJECT: Approve Non -Exclusive Commodity Agreement with Main Street Signs for the Purchase of Street Name and Traffic Control Signs for Fiscal Years 2025-2029 PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council approve the Non -Exclusive Commodity agreement with Main Street Signs for the purchase of street name and traffic control signs for Fiscal Years 2024-2029, in the amount of $500,000. BACKGROUND: On May 1, 2024, the Public Works Department Maintenance Division posted on the City of Temecula's online bidding service, Planet Bids, a Request for Quotes (RFQ) No. 059, for the purchase of street name and traffic control signs. The Public Works Department received seven (7) electronic proposals. Bid results for RFQ 059 are based on the summation of purchasing a single unit from each different item requested. The intent is to enter into an annual agreement with a vendor for a period of five years for Fiscal Years 2024-2029, with a total agreement value of $500,000. FISCAL IMPACT: Adequate funds are available in the Annual Operating Budget for Fiscal Year 2024-2025 and will be budgeted in each of the following fiscal years. ATTACHMENTS: Agreement NON-EXCLUSIVE COMMODITY AGREEMENT BETWEEN CITY OF TEMECULA AND MAIN STREET SIGNS CITY STREET NAME SIGNS THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Main Street Signs, a Corporation (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement. The Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside - San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. 2. PURCHASE OF GOODS Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for the non-exclusive procurement of retail goods as specified on Exhibit A, attached hereto and incorporated herein as though set forth in full. The Vendor understands this Agreement is non-exclusive and the City reserves the right to purchase similar goods from other Vendors. 3. PURCHASE PRICE The City agrees to pay the Vendor for merchandise ordered and received with an amount not to exceed Five Hundred Thousand Dollars ($500,000) for the total term of this agreement unless additional payment is approved as provided in this Agreement. Vendor will submit invoices monthly for actual merchandise ordered and received. Invoices shall be submitted between the first and fifteenth day of each month for merchandise delivered and accepted. Payment will be made within thirty (30) business days following the receipt of invoice as to all non -disputed fees. The not to exceed purchase amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases. 4. REPRESENTATION AND WARRANTIES OF VENDOR Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by 08/06/2021 all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title License and Operatinq Condition. Vendor has good and marketable title to all of the merchandise. All of the merchandise are free and clear of any restrictions on or mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions, and restrictions except for such as may be created or granted by City. All of the merchandise is in good condition, free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Vendor's catalog, website, retail store, quote or in the Agreement Documents that may be attached hereto or incorporated herein. C. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains or will contain any untrue statements of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. TIME OF DELIVERY The date and time of delivery of the merchandise shall be stated at time of order. The merchandise shall be delivered to the City location as stated on the purchase order or at time of merchandise order. 6. RISK OF LOSS Risk of loss, damage and destruction of the merchandise shall remain with the Vendor until after inspection and acceptance of the merchandise by City. 7. INSPECTION AND ACCEPTANCE City shall inspect the merchandise at the time and place of delivery. Such inspection may include reasonable review by City. If in the determination of the City, the merchandise fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise shall be deemed accepted by City as of the date of receipt. 8. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "Inspection and Acceptance" above, City may, at its option, (1) reject the whole of the Merchandise, (2) accept the whole of the Merchandise, or (3) accept any commercial unit or units/portions of the Merchandise and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 9. NO REPLACEMENTS OF CURE This Agreement calls for strict compliance. Vendor expressly agrees that both the Merchandise tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Merchandise or any part thereof pursuant to the section entitled "Rejection" above, City may, but is not required 08/06/2021 to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Vendor. 10. NON -ASSIGNABILITY The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. INDEPENDENT CONTRACTOR The Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Work under this Agreement on behalf of the Vendor shall at all times be under Vendor's exclusive direction and control. 12. LEGAL RESPONSIBILITIES The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 13. INDEMNIFICATION Vendor agrees to defend, indemnify, protect, and hold harmless, the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, and its officers, officials, employees, agents, and volunteers, from and against any and all claims, demands, losses, defense costs or expenses, actions, liability or damages of any kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Vendor's negligent or wrongful acts or omissions arising out of or in any way related to the Work or the Vendor's performance or non-performance of this Agreement, excepting only liability out of the sole negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 14. TERMINATION OR SUSPENSION This Agreement may be terminated or suspended at any time, for any reason, with or without cause at the sole and exclusive discretion of the City Manager, without default or breach of this Agreement by the City. 15. SURVIVAL OF REPRESENTATIONS AND WARRANTIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 08/06/2021 16. REMEDIES The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 17. SEVERABILITY If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. 18. GOVERNING LAW This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district courtwith geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. ENTIRE AGREEMENT This is the entire agreement between the parties regarding the commodities purchased by this Agreement. Any modification or amendment of this Agreement shall not be effective unless in writing and assigned by the parties to this Agreement. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind the Vendor to the performance of its obligation hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 08/06/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By- Randi Johl, City Clerk APPROVED AS TO FORM: By: MAIN STREET SIGNS (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: - Chuck Atha, President By: Charles Atha, Vice President Peter M. Thorson, City Attorney VENDOR MAIN'STREET SIGNS Contact Person: Chuck Atha 1211 W. Brboks St., Suite A Ontario, CA 91762 Phone Number: 909� 391-0988 �_^ charies@mainstreetsigns.net 5 08/06/2021 EXHIBIT A DESCRIPTION AND PRICE LIST OF MERCHANDISE Cost shall be as per Vendor price listing attached hereto and incorporated herein as though set forth in full. In any event, the cost of such services or purchase, while not guaranteed per Section 3 of this Agreement, shall not exceed $500,000 for the total term of the Agreement. Sign Description Unit Unit Price Comment SQ POST SQUARE POST 10' /EACH $ 26 90 14 GA SQ POST SQUARE POST 12' /EACH /EACH $ 32.90 14 GA SQ POST SQUARE POST 15' $ 33.00 14 GA U CHANNEL FULL LENGTH PUNCHING, POST 3/8" DIAMETER, MINIMUM /EACH $18.00 Galv. 12' IN LENGTH R1 /EACH $24.95 24" STOP SIGN HIP 1160 R2 SPPEED LIMIT 25 24" X 30" /EACH $39.95 HI R4-7 KEEP RIGHT SYMBOL 24" X /EACH $39.95 30" HIP W55 FLOODED 30" X 30" HIP /EACH $24.00 Reflective on /EACH Corrugated Plastic $29.95 Reflective on W5 CURVE (ARROW) 36" X 36" HIP Corrugated Plastic $29.95 Reflective on W20-1 ROAD WORK AHEAD 36" X /EACH 36" HIP Corrugated Plastic $6.25 R32 2HR PARKING WITH TIMES /EACH 12" X 18" HIP STREET NAME SIGNS BLADE HIGH INTENSITY /EACH $55.00 AND GRAFFITI COATING WITH 4" CITY LOGO HEIGHT: /EACH $9.95 Tube only, no base 18" COLOR: WHITE, YELLOW, HEIGHT: /EACH $9.95 Tube only, no base ORANGE REFLECTIVITY:3" 28" HEIGHT: /EACH DELINEATORS x 12" HI BANDS $19.95 Tube only, no base DIRECTION: ONE OR TWO 36" HEIGHT: /EACH $19.95 Tube only, no base WAY. 42" HEIGHT: /EACH $19.95 Tube only, no base 48" CLASS 1 DELINEATOR POST /EACH $9.95 Tube only, no base 3M 3M RAISED PAVEMENT /EACH $1.65 1-Way MARKERS SERIES 290 08/06/2021 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: July 9, 2024 SUBJECT: Award Construction Contract to Leonida Builders, Inc., for the Murrieta Creek Improvements - Southside Parking Lot Reconfiguration, Now Dedicated and Known As the Roger Epperson Parking Lot, PW 15-07 PREPARED BY: Nino Abad, Senior Civil Engineer Chris White, Associate Engineer II RECOMMENDATION: That the City Council: 1. Award a construction contract to Leonida Builders, Inc. in the amount of $1,242,399 for the Murrieta Creek Improvements - Southside Parking Lot Reconfiguration, PW 15-07; and 2. Authorize the City Manager to approve construction contract change orders up to $124,239.90, which is equal to 10% of the Contract amount; and 3. Make a finding that the Murrieta Creek Improvements, PW 15-07 is exempt from Multiple Species Habitat Conservation Plan fees. BACKGROUND: On February 13, 2024, the City Council approved the plans and specifications, and authorized the Department of Public Works to solicit construction bids for the Murrieta Creek Improvements - Southside Parking Lot Reconfiguration, PW 15-07. The reconfiguration of the Southside Parking Lot was necessitated by the impacts of the Murrieta Creek Flood Control Project and the Riverside County Flood Control's (RCFC) acquisition of a portion of the parking lot. RCFC has compensated the City for the cost of the acquired property and a portion of the construction costs. The reconfiguration will regain about 22 parking spaces. Work will generally consist of the removal and/or replacement of parking lot lights, retaining walls, trees, handrail, and existing pavement to accommodate a new parking lot configuration. The project also includes asphalt grinding, overlay, slurry seal and restriping of the parking lot to the new configuration. The construction contract was publicly advertised for bids and on Wednesday, June 12, 2024, two bids were electronically opened and publicly posted on the City's online bidding service, PlanetBids. The results are as follows: Rank Bidder Amount 1. Leonida Builders, Inc. $1,242,399.00 2. I.E. General Engineering, Inc. $1,724,195.95 Staff has completed its analysis of the submitted bids and found that Leonida Builders, Inc. of Acton, California to be the lowest responsive and responsible bidder. Leonida Builders, Inc. has public contracting experience and has successfully completed similar projects for various public agencies, including the City of Temecula. The Engineer's Estimate for the project was $1,250,750. The project specifications allow for 120 working days (approximately 6 months) to complete the work. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) MSHCP Mitigation Fee Implementation Manual adopted by Resolution 2020-013 on December 7, 2020. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA requires that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90-days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are five percent of construction costs. Maintenance only projects, such as this project, are exempt from MSHCP fees. FISCAL IMPACT: The Murrieta Creek Improvements - Southside Parking Lot Reconfiguration, PW 15-07 is identified in the City's Capital Improvement Program (CIP) for Fiscal Years 2025-2029 and is funded with Measure S and Reimbursement from RCFC. There are adequate funds in the account to cover the Contract amount of $1,242,399, plus the 10% contingency of $124,239.90, for a total encumbrance of $1,366,638.90. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location Maps CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for MURRIETA CREEK IMPROVEMENTS SOUTHSIDE PARKING LOT RECONFIGURATION PROJECT NO. PW 15-07 THIS CONTRACT, made and entered into the 9T" day of July, 2024 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", Leonida Builders, Inc., hereinafter referred to as "Contractor." WITNESSETH: That City and Contractor, for the consideration hereinafter named, mutually agree as follows. CONTRACT DOCUMENTS The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled MURRIETA CREEK IMPROVEMENTS — SOUTHSIDE PARKING LOT RECONFIGURATION, PROJECT NO. PW 15-07, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for MURRIETA CREEK IMPROVEMENTS — SOUTHSIDE PARKING LOT RECONFIGURATION, PROJECT NO. PW.15-07. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 990 Park Center Drive, Suite E Vista, CA 92081 (760) 734-1113 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for MURRIETA CREEK IMPROVEMENTS — SOUTHSIDE PARKING LOT RECONFIGURATION, PROJECT NO. PW 15-07. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the 6/13/2024 CONTRACT C-1 Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: MURRIETA CREEK IMPROVEMENTS — SOUTHSIDE PARKING LOT RECONFIGURATION, PROJECT NO. PW 15-07. All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City. 3. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE MILLION TWO HUNDRED FORTY-TWO THOUSAND THREE HUNDRED NINETY-NINE DOLLARS AND NO CENTS ($1,242,399.00), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed One Hundred Twenty (120) working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City. 5. CHANGE ORDERS All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. PAYMENTS a. Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, 6/13/2024 CONTRACT C-2 shall be made 60 days after acceptance of final payment and the Contractor filing a one-year Warranty and an Affidavit of Final Release with the City on forms provided by the City. C. Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES / EXTENSION OF TIME a. Liquidated Damages: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City. Within ten calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within 30 calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8. WAIVER OF CLAIMS On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at littp://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to 6/13/2024 CONTRACT C-3 compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 10. TIME OF THE ESSENCE Time is of the essence in this contract. 11. INDEMNIFICATION All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor. 12. GRATUITIES Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 16. BOOKS AN❑ RECORDS 6/13/2024 CONTRACT C-4 Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 17. INSPECTION The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. 20. PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22. WRITTEN NOTICE Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows: Mailing and Delivery Address: Patrick A. Thomas, PE 6/13/2024 CONTRACT C-5 Director of Public Works / City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 23. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Contractor, its agents, representatives, employees, or subcontractors. a. Minimum Scope of insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than Two Million ($2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, 6/13/2024 CONTRACT C-6 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's products and completed operations of the Contractor; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Contractor Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Contractor insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Contractor may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Contractor's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Contractor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-: VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor 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. 6/13/2024 CONTRACT C-7 f. Special Risks ❑r Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 24. RECOVERED MATERIALS AND SOLID WASTE DISPOSAL ACT Contractor agrees to comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 25. TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Contractor shall not procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities. Covered equipment also includes video surveillance and telecommunications equipment or services provided by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, any subsidiary or affiliate of such entities, and any entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 26. COMPLIANCE WITH LAWS The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents, and shall comply with all grant or funding terms and conditions applicable to the Contract and/or the work. 27. CLAIM DISPUTE RESOLUTION In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must present a claim in accordance with the Government Claims 6/13/2024 CONTRACT C-8 Act as a prerequisite to prosecuting any claim against the City. The filing or prosecution of a claim in compliance with Section 9204 and/or Article 1.5 (if applicable) does not in any way obviate the need to timely present a claim under the Government Claims Act, or in any toll the expiration of any limitations period for the timely presentation of a claim under the Government Claims Act. 6/13/2024 CONTRACT C-9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: 06/18/2024 AIM DATED: ATTEST: Randi Johl, City Clerk CONTRACTOR: Leonida Builders, Inc. 32023 Crown Valley Road Acton, Ca. 93510 (909) 275-3354 oanikos ,.leonidabuilders.com By: Panagiotis Leonida Print or type NAME President Print or type TITLE* By Panagiotis Leonida Print or type NAME President. Secretary & Treasurer Print or type TITLE* (*Signatures of two corporate officers required for Corporations) APPROVED AS TO FORM: CITY OF TEMECULA By: James Stewart, Mayor Peter M. Thorson, City Attorney 6/13/2024 CONTRACT C-10 Adft IT The Heart of Southern California Wine Country MURRIETA CREEK IMPROVEMENTS Infrastructure Project Project Description: This project reflects the United States Army Corps of Engineers (USACE) and Riverside County Flood Control (RCFC) improvements to Murrieta Creek within City limits. This project also include the study, design, and construction of alternatives to reconfigure the existing Southside Parking Lot which has been impacted by the Riverside County Flood Control's acquisition of a portion of the parking lot. Lighting will be added to the trail on the east side of Murrieta Creek between First Street and Rancho California Road. The installation of a RCFC Storm Drain Catch Basin No.100 on Pujol Street was added. Benefit: This project helps prevent flooding of Old Town Temecula. Core Value: A Safe and Prepared Community Project Status: Design for the Southside parking lot reconfiguration is on- going. Construction is anticipated in FY2024-25. Construction of the trail lighting is anticipated in FY2024-25. Department: Public Works - Account No. 210.265.999.5800.PW15-07 / 735 Level: I City of Temecula Fiscal Years 2025-29 Capital Improvement Program Project Cost: Prior Years Actuals 2024-25 2023-24 Adopted 2025-26 2026-27 2027-28 2028-29 Adjusted Budget Projected Projected Projected Projected Total Project Cost 5801-Administration 90,131 96,997 68,500 255,628 5804-Construction 62,748 835,458 602,367 1,500,573 5802-Design & Environmental 224,610 45,790 36,000 306,400 5601-Furnishings & Equipment 129,387 613 130,000 5809-Information Technology 130,000 130,000 Total Expenditures 506,877 978,857 836,867 2,322,601 Source of Funds: 4245-DIF-Corporate Facilities 130,000 130,000 4001-General Fund 135,858 135,858 4002-Measure S 53,791 180,000 706,867 940,658 4438-Reimbursements 911,085 5,000 916,085 4145-TEAM 200,000 200,000 Total Funding 1 1,100,734 385,000 836,867 2,322,601 Future Operating & Maintenance Costs: Total Operating Costs Adft IT The Heart of Southern California Wine Country f►FAIII11.1:1L11r_,94l,1444,A117il]1.16IT"1,TilAL1ltIlki City of Temecula Fiscal Years 2025-29 Capital Improvement Program Infrastructure Project 2024-25 Prior Years 2023-24 Adopted 2025-26 2026-27 2027-28 2028-29 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Notes : 1. The City Council approved an Agreement for Sale and Purchase with Riverside County Flood Control and Water Conservation District (RCFC&WCD) for the purchase of a portion of the Southside Parking Lot on July 28, 2020. The Riverside County Board of Supervisors approved the agreement on March 23, 2021. The City received the total purchase price and the Cost to Cure in the amount of $771,136.16 for the reconfiguration of the Southside Parking Lot. 2. Reimbursements include $834,336 from Riverside County Flood Control and Water Conservation District (RCFC&WCD) and$28,249 from Frontier Communications for the purchase of an easement along Pennypickle s Workshop and Murrieta Creek. 3. TEAM - Temecula Energy Efficiency Asset Fund. PW 15-07 - Southside Parking Lot Reconfiguration IkFy° Its i S n I It A 1 11,12801 1.1 0 94.04 188.1 Feet This map is a user generated static output from an Internet mapping site is for reference only. Data layers that appear on this map may or may nc S_1984_Web_Mercator_Auxiliary_Sphere accurate, current, or otherwise relic atitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGAT OF PEAgt� G o�ti Coo 1989 o Legend ❑ Parcels City of Temecula Boundary Notes Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: July 9, 2024 SUBJECT: Award Construction Contract to Martin Marietta San Diego Aggregates LLC dba ATP General Engineering Contractors, for the Rainbow Canyon Road Pavement Rehabilitation Project, PW22-15 PREPARED BY: Nino Abad, Senior Civil Engineer Kellen Freeman, Assistant Engineer RECOMMENDATION: That the City Council: 1. Award a construction contract to Martin Marietta San Diego Aggregates LLC dba ATP General Engineering Contractors, in the amount of $1,923,009.35, for Rainbow Canyon Road Pavement Rehabilitation Project, PW22-15; and 2. Authorize the City Manager to approve construction contract change orders up to $252,300.94, which is 13% of the contract amount; and Make a finding that Rainbow Canyon Road Pavement Rehabilitation Project, PW22-15, is exempt from Multiple Species Habitat Conservation Plan fees. BACKGROUND: On April 23, 2024, the City Council approved the contract documents and authorized the Department of Public Works to solicit construction bids for the Rainbow Canyon Road Pavement Rehabilitation Project, PW22-15. On March 26, 2024 the City filed a Notice of Exemption with the County Clerk and Recorders Office. This project will rehabilitate approximately 53,000 square yards (477,000 square feet) of roadway on Rainbow Canyon Road from the intersection of Rainbow Canyon Road and Pechanga Parkway to the southern City Limits. The roadway rehabilitation will consist of cold milling 0.F (1.2") of the existing pavement followed by a 0. V (1.2") leveling course followed by Asphalt Rubber and Aggregate Membrane (ARAM) chip seal topped with 0. V (1.2") of Asphalt Rubber Hot Mix (ARHM). Removal of existing pavement delineation, restriping, and replacement of existing curb ramps with ADA compliant curb ramps are also included. The construction contract was publicly advertised between May 9 and June 6, 2024. Four (4) bids were received and publicly opened on June 6, 2024. Staff has reviewed and analyzed the bids. The results are as follows: Contractor Bid Amount I Martin Marietta San Diego Aggregates LLC $1,923,009.35 dba ATP General Engineering Contractors 2 Hardy & Harper, Inc. $1,935,000.00 3 All American Asphalt $1,975,579.10 4 R.J. Noble Company $2,192,383.70 After analysis of bids, and waiving minor bid irregularities, it has been determined that ATP General Engineering Contractors is the lowest responsive and responsible bidder. The Engineer's Construction Cost Estimate was $1,800,000. The project specifications allow for 60 working days (approximately 3 months) to complete the work. In April of 2022 the County of Riverside (County) opened bids for pavement rehabilitation on Rainbow Canyon Road. The County's pavement rehabilitation project spanned approximately 5000 feet from Rainbow Valley Boulevard to just south of the City limits. After discussion with the County, it was discovered that the County ended their pavement rehabilitation short of their border with the City. The $252,300.94 contingency amount includes money for the contractor to rehabilitate the portion of Rainbow Canyon Road that the County omitted from their rehabilitation project plus 10% of the base contract amount. The County will reimburse the City for the cost of the pavement rehabilitation segment in the County's right of way. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) MSHCP Mitigation Fee Implementation Manual adopted by Resolution 2020-013 on December 7, 2020. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Since July 1, 2008, the RCA has required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90-days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. Maintenance projects such as this project are exempt from the MSHCP. FISCAL IMPACT: Rainbow Canyon Road Pavement Rehabilitation Project, PW22-15 is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2025-2029 and is funded with Measure S funds and Pechanga Intergovernmental Agreement reimbursement funds. There are adequate funds to cover the contract amount of $1,923,009.35 plus the 13% contingency of $252,300.94 for a total encumbrance of $2,175,310.29. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location Map CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for RAINBOW CANYON ROAD PAVEMENT REHAB PROJECT NO. PW22-15 THIS CONTRACT, made and entered into the 911 day of July, 2024 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", Martin Marietta San Diego Aggregates LLC dba ATP General Engineering Contractors, hereinafter referred to as "Contractor." WITNESSETH: That City and Contractor, for the consideration hereinafter named, mutually agree as follows: CKe7L[Q2ZeZfl11►�i1���9 The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled RAINBOW CANYON ROAD PAVEMENT REHAB, PROJECT NO. PW22-15, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for RAINBOW CANYON ROAD PAVEMENT REHAB, PROJECT NO. PW22-15. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 990 Park Center Drive, Suite E Vista, CA 92081 (760) 734-1113 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for RAINBOW CANYON ROAD PAVEMENT REHAB, PROJECT NO. PW22-15. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT C-1 The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: RAINBOW CANYON ROAD PAVEMENT REHAB, PROJECT NO. PW22-15. All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City. 3. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE MILLION NINE HUNDRED TWENTY THREE THOUSAND NINE DOLLARS AND THIRTY FIVE CENTS ($1,923,009.35), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed sixty (60) working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City. 5. CHANGE ORDERS All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the Contractor filing a one-year CONTRACT C-2 Warranty and an Affidavit of Final Release with the City on forms provided by the City. c. Pavment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Pavment of Interest: Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES /EXTENSION OF TIME a. Liauidated Damaaes: In accordance with Government Code Section 53069.85 Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City. Within ten calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within 30 calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8. WAIVER OF CLAIMS On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca..qov. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion CONTRACT C-3 thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 10. TIME OF THE ESSENCE Time is of the essence in this contract. 11. INDEMNIFICATION All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor. 12. GRATUITIES Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. CONTRACT C-4 15. NOTICE TO CITY OF LABOR DISPUTES Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 16. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 17. INSPECTION The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. 20. PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. CONTRACT G5 21 22 23. ADA REQUIREMENTS By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. WRITTEN NOTICE Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows: Mailing and Delivery Address: Patrick A. Thomas, PE Director of Public Works / City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. a. Minimum Scope and Limits of Insurance. Coverage shall be at least as broad as and shall maintain limits no less than: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than Million ($2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code8) and non - owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. CONTRACT C-6 The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor's products and completed operations of the Contractor; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Contractor Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Contractor may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 5) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Contractor's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or CONTRACT C-7 notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Vendor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Contractor agrees to comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 25. TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Contractor shall not procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities. Covered equipment also includes video surveillance and telecommunications equipment or services provided by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, any subsidiary or affiliate of such entities, and any entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 26. COMPLIANCE WITH LAWS The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents, and shall comply with all grant or funding terms and conditions applicable to the Contract and/or the work. CONTRACT C-8 27. CLAIM DISPUTE RESOLUTION In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must present a claim in accordance with the Government Claims Act as a prerequisite to prosecuting any claim against the City. The filing or prosecution of a claim in compliance with Section 9204 and/or Article 1.5 (if applicable) does not in any way obviate the need to timely present a claim under the Government Claims Act, or in any toll the expiration of any limitations period for the timely presentation of a claim under the Government Claims Act. CONTRACT C-9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: Z4� CONTRACTOR: Martin Marietta San Diego Aggregates LLC dba ATP General Engineering Contractors 4211 Ponderosa Ave., Suite C San Diego, California 92123 619-777=8100 ,�pllllllll/1I11jN David A. Donnelly � Print or type NAME .• '••.....•• Nip ��O q+111O#P Vice President Print or type TITLE* By: 4zelijil � Edwin P. Gehr Print or type NAME Vice President Print or type TITLE* (*Signatures of two corporate officers required for Corporations) DATED: Randi Johl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CITY OF TEMECULA By: James Stewart, Mayor CONTRACT C-10 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 San Diego ) On (� �., before me, Barbara Jacob, Notary Public (insert name and title of the officer) personally appeared David A. Donnelly 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), orthe entity upon behalf of which the person(s) acted, executed the instrument. I certify under ENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. *my BARBARA JACOB Notary Public • California San Diego County Commission# 2439537 Comm. Expires Feb 28, 2027 Signature (Seal) 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 San Diego ) On before me, Barbara Jacob, Notary Public (insert name and title of the officer) personally appeared Edwin P. Gehr 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 foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature BARBARA JACOB W F: Notary Public • California i San Diego County > Commission # 2439537 (Seal) �•� ."� My Comm. Expires Feb 28, 2027 r Alk f The Heart of Southern California Wine Country City of Temecula Fiscal Years 2025-29 Capital Improvement Program RAINBOW CANYON ROAD PAVEMENT REHABILITATION Circulation Project Project Description: This project includes the design and construction for the pavement rehabilitation of Rainbow Canyon Road, from Pechanga Parkway to the southern City Limits. Benefit: The project improves pavement conditions so that the transportation needs of the public, business industry and government can be met. Core Value: Transportation Mobility and Connectivity Project Status: Construction to start summer 2024 Department: Public Works - Account No. 210.265.999.5800.PW22-15 / 786 Level: I Project Cost: Prior Years Actuals 2024-25 2023-24 Proposed 2025-26 2026-27 2027-28 2028-29 Adjusted Budget Projected Projected Projected Projected Total Project Cost 5801-Administration 38,515 261,485 300,000 5804-Construction 2,074,910 2,074,910 5805-Construction Engineering 50,000 50,000 5802-Design & Environmental 79,413 395,677 475,090 Total Expenditures 117,928 2,782,072 2,900,000 Source of Funds: 4002-Measure S 4078-Reimbursement-Pechanga IGA 1,700,000 350,000 850,000 350,000 2,550,000 Total Funding 1,700,000 1,200,000 2,900,000 Future Operating & Maintenance Costs: Total Operating Costs 95 Item No. 11 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 11, 2024 CALL TO ORDER at 6:45 PM: President Zak Schwank ROLL CALL: Alexander, Kalfus, Schwank, Stewart CSD PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the Board of Directors: • Laurel LaMont • Melissa Bourbonnais CSD PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the Board of Directors: • Laurel LaMont (Item #23) • Melissa Bourbonnais (Item #23) CSD CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (4-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval. 21. Approve Action Minutes of May 28, 2024 Recommendation: That the Board of Directors approve the action minutes of May 28, 2024. 22. Approve First Amendment with VisionOne, Inc. for Theater Ticketing Software Recommendation: That the Board of Directors approve the first amendment with VisionOne, Inc. for theater ticketing software to extend the term and increase payment in the amount of $80,000 for a total agreement amount of $200,000. 23. Approve First Amendment with Social Work Action Group for Citywide Homeless Outreach �ervi res Recommendation: That the Board of Directors approve the first amendment with Social Work Action Group (SWAG) for citywide homeless outreach services to increase payment in the amount of $240,000 for a total agreement amount of $1,716,604.80. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:02 PM, the Community Services District meeting was formally adjourned to Tuesday, June 25, 2024 at 5:00 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Zak Schwank, President ATTEST: Randi Johl, Secretary [SEAL] Item No. 12 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Erica Russo, Director of Community Services DATE: July 9, 2024 SUBJECT: Approve Sponsorship Agreements with Various Nonprofits for Use of City Facilities PREPARED BY: Mike Wooten, Community Services Manager RECOMMENDATION: That the Board of Directors approve the following 2-year sponsorship agreements with various nonprofits for use of City facilities: Temecula Valley Garden Club - $3,840 Valley of the Mist Quilters Guild - $3,660 Temecula Valley Rose Society - $1,800 Temecula Valley Writers and Illustrators - $2,640 BACKGROUND: The Community Services Department is committed to providing high quality events, classes, programs and activities for Temecula citizens and visitors. This also includes working closely with our Nonprofit community who offer other services and benefits for our residents. These nonprofits bring added value to our community by offering unique subjects and specialties that City staff and programs cannot offer. Each nonprofit group will host a yearly seminar, event and/or activity, open to the public, to showcase their areas of expertise. FISCAL IMPACT: Adequate funds have been requested as part of the Fiscal Year 2024-2025 Annual Operating Budget for these agreement amounts. Funds for future fiscal years will be requested as part of the normal annual budget process. ATTACHMENTS: 1. Agreement - Temecula Valley Garden Club 2. Agreement - Valley of the Mist Quilters Guild 3. Agreement - Temecula Valley Rose Society 4. Agreement - Temecula Valley Writers and Illustrators SPONSORSHIP AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA VALLEY GARDEN CLUB THIS AGREEMENT is made and effective as of this 9tn day of July, 2024, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and TEMECULA VALLEY GARDEN CLUB, a nonprofit (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall utilize the Temecula Community Center Multi -Purpose Room or other suitable City facilily for the purpose of Club Meetings (hereinafter referred to as the "Event") on the second Tuesday of each month at the Temecula Community Center or other suitable City facility (room based on availability) as follows, or on alternate dates pending facility availability as determined by Staff. Future dates will be determined based on room availability determined by Staff. Garden Club. b. The rental includes set-up and breakdown time. C. Multi -Purpose Room and Kitchen rental cost paid by the Temecula Valley d. The Nonprofit is permitted to book rentals for the year. e. The Nonprofit will host a yearly event open to the public. f. Alcohol will not be served. g. The City desires to be a Sponsor of the Temecula Valley Garden Club by providing these costs. 2. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2026, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in -kind city -support services valued at an amount not to exceed three thousand eight hundred forty dollars and no cents ($3,840) as listed in Exhibit B, the City of Temecula shall be designated as a Sponsor of the Event. As a Sponsor, the City shall receive sponsor benefits as listed in Exhibit A. 4. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement. 5. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability 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 June 30, 2024, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agencythat it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of 6 activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonprofit shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 6. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 3 7. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 8. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 9. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 To Recipient: Temecula Valley Garden Club Attn: Jane Payne P.O. Box 1526 Temecula, CA 92593 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 4 16. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 17. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 61 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT TEMECULA VALLEY GARDEN CLUB (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: 6 Zak Schwank, TCSD President a Payne, President ATTEST: By: Randi Johl, Secretary APPROVED AS TO FORM: By: Peter M. Thorson, General NONPROFIT Counsel Temecula Valley Garden Club Attn: Jane Payne P.O. Box 1526 Temecula, CA 92593 City Purchasing Mgr. Initials and Date: 0 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT SPONSORSHIP BENEFITS SPONSOR Temecula Valley Garden Club shall provide the following benefits and services for the citizens of the City of Temecula: ■ City of Temecula logo/name on advertisements, press releases, posters and flyers or other promotional material. • Host a one yearly event open to the community. 7 EXHIBIT "B" IN -KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Temecula Valley Garden Club meetings. The following expenses can be anticipated for the event and include staff support for room set-up time and set-up and breakdown costs per year. TCC Multipurpose Room set-up and breakdown time: S 3,840.00 TOTAL VALUE: E SPONSORSHIP AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND VALLEY OF THE MIST QUILTERS GUILD THIS AGREEMENT is made and effective as of this 9th day of July, 2024, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Valley of the Mist Quilters Guild, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall utilize the Mary Phillips Senior Center Multi -Purpose Room or other suitable City facilily for the purpose of Guild Meetings (hereinafter referred to as the "Event") on the second Tuesday of each month at the Mary Phillips Senior Center or other suitable City facility (room based on availability) as follows, or on alternate dates pending facility availability as determined by Staff. Future dates will be determined based on room availability determined by Staff. Quilters Guild b. The rental includes set-up and breakdown time. C. Multi -Purpose Room and Kitchen rental cost paid by the Valley of the Mist d. The Nonprofit is permitted to book rentals for the year. e. The Nonprofit will host one yearly event open to the public. Alcohol will not be served. g. The City desires to be a Sponsor of the Valley of the Mist Quilters Guild. 2. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2026, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in -kind city -support services valued at an amount not to exceed three thousand six hundred sixty dollars and no cents ($3,660) as listed in Exhibit B, the City of Temecula shall be designated as a Sponsor of the Event. As a Sponsor, the City shall receive sponsor benefits as listed in Exhibit A. 4. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives 06/26/2024 from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement. 5. INSURANCE The Nonprofit shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Nonprofit, its agents, representatives, employees, or subcontractors. a. Minimum Score of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Concessionaire has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, O6/26/2024 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 Nonprofit's products and completed operations of the Nonprofit; premises owned, occupied or used by the Nonprofit. General liability coverage can be provided in the form of an endorsement to the Nonprofit Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Nonprofit's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Nonprofit may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Nonprofit's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Nonprofit. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Vendor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Nonprofit shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Nonprofit 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. 06/26/2024 f. Special Risks or Circumstances_ The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 6. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 7. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 8. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 9. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 To Recipient: Valley of the Mist Quilters Guild Attn: Karrie Dominguez 27475 Ynez Road # 435 Temecula, CA 92591 06/26/2024 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 16. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 17. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 06/26/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES VALLEY OF THE MIST QUILTERS GUILD DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Zak Schwank, TCSD President ATTEST: By: Randi Johl, Secretary APPROVED AS TO FORM: By: By: Karrie Dominguez, ent Peter M. Thorson, General NONPROFIT Counsel Valley of the Mist Quilters Guild Attn: Karrie Dominguez 27475 Ynez Road # 435 Temecula, CA 92591 951-970-8452 City Purchasing Mgr. Initials and Date: A EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT SPONSORSHIP BENEFITS SPONSOR Valley of the Mist Quilters Guild shall provide the following benefits and services for the citizens of the City of Temecula: City of Temecula logo/name on advertisements, press releases, posters and flyers or other promotional material. ■ Host a yearly event open to the public. 06/26/2024 EXHIBIT "B" IN -KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Valley of the Mist Quilters Guild meetings. The following expenses can be anticipated for the event and include staff support for room set-up time and set-up and breakdown costs per year. MPSC Multipurpose Room and Kitchen set-up and breakdown time: 3,660.00 TOTAL VALUE: 06/26/2024 SPONSORSHIP AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA VALLEY ROSE SOCIETY THIS AGREEMENT is made and effective as of this 9th day of July, 2024, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Temecula Valley Rose Society, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall hold meetings or classes (hereinafter referred to as the "Event") each month at the Ronald H. Roberts Temecula Public Library (room based on availability) as follows, or on alternate dates pending facility availability as determined by staff. Future dates will be determined based on room availability determined by Staff. Rose Society • 2"d Thursday — 2 hours ■ 3rd Thursday — 3 hours b. The rental includes set-up and breakdown time. C. Community Room and Kitchen rental cost paid by the Temecula Valley d. The Nonprofit is permitted to book rentals for the year. e. The Nonprofit will host one yearly event open to the public. Alcohol will not be served. g. The City desires to be a Sponsor of the Temecula Valley Rose Society. 2. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2026, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in -kind city -support services valued at an amount not to exceed one thousand eight hundred dollars and no cents ($1,800) as listed in Exhibit B, the City of Temecula shall be designated as a Sponsor of the Event. As a Sponsor, the City shall receive sponsor benefits as listed in Exhibit A. 4. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives 06/26/2024 from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement. 5. INSURANCE The Nonprofit shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Nonprofit, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Concessionaire has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, O6/26/2024 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 Nonprofit's products and completed operations of the Nonprofit; premises owned, occupied or used by the Nonprofit. General liability coverage can be provided in the form of an endorsement to the Nonprofit Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Nonprofit's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Nonprofit may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Nonprofit's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Nonprofit. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Vendor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Nonprofit shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Nonprofit 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. O6/26/2024 f. Special Risks or Circumstances_ The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 6. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 7. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 8. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 9. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 To Recipient: Temecula Valley Rose Society Attn: Rebecca Weersing P. O. Box 890367 Temecula, CA 92589 06/26/2024 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 16. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 17. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 06/26/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES TEMECULA VALLEY ROSE SOCIETY DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation) By. By: 1 — t" ._ Zak Schwank, TCSD President Rebecca Weersing, Preside t ATTEST: By: Randi Johl, Secretary APPROVED AS TO FORM: By: Peter M. Thorson, General NONPROFIT Counsel Temecula Valley Rose Society Attn: Rebecca Weersing P. O. Box 890367 Temecula, CA 92589 City Purchasing Mgr. Initials and Date: 0 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT SPONSORSHIP BENEFITS SPONSOR Temecula Valley Rose Society shall provide the following benefits and services for the citizens of the City of Temecula: • City of Temecula logo/name on advertisements, press releases, posters and flyers or other promotional material. • Host a yearly event open to the public. 06/26/2024 EXHIBIT "B" IN -KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Temecula Valley Rose Society meetings. The following expenses can be anticipated for the event and include staff support for room set-up time and set-up and breakdown costs per year. Community Room and Kitchen set-up and breakdown time: $ 1,800.00 TOTAL VALUE: 06/26/2024 SPONSORSHIP AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA VALLEY WRITERS AND ILLUSTRATORS THIS AGREEMENT is made and effective as of this 9th day of July, 2024, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Temecula Valley Writers and Illustrators, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall hold meetings or classes (hereinafter referred to as the "Event') each month at the Conference Center at the Civic Center (room based on availability) as follows, or on alternate dates pending facility availability as determined by staff. Future dates will be determined based on room availability determined by Staff. • 31 Sunday — 3 hours b. The rental includes set-up and breakdown time. C. Conference Center cost paid by the Temecula Valley Writers and Illustrators d. The Nonprofit is permitted to book rentals for the year. e. The Nonprofit will host one yearly event open to the public. f. Alcohol will not be served. g. The City desires to be a Sponsor of the Temecula Valley Writers and Illustrators. 2. TERM This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2026, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in -kind city -support services valued at an amount not to exceed two thousand six hundred forty dollars and no cents ($2,640) as listed in Exhibit B, the City of Temecula shall be designated as a Sponsor of the Event. As a Sponsor, the City shall receive sponsor benefits as listed in Exhibit A. 4. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula 06/26/2024 Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement. 5. INSURANCE The Nonprofit shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Nonprofit, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Concessionaire has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 06/26/2024 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Nonprofit's products and completed operations of the Nonprofit; premises owned, occupied or used by the Nonprofit. General liability coverage can be provided in the form of an endorsement to the Nonprofit Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Nonprofit's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Nonprofit may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6) If the Nonprofit's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Nonprofit. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Vendor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Nonprofit shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Nonprofit obligation to provide them. The City reserves the right to require complete, certified 06/26/2024 copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 6. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 7. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 8. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 9. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 To Recipient: Temecula Valley Writers and Illustrators Attn: Jeff Waddleton 30732 Doral Court Temecula, CA 92592 06/26/2024 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 16. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 17. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. O6/26/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES TEMECULA VALLEY WRITERS AND DISTRICT ILLUSTRATORS (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Zak Schwank, TCSD President ATTEST: By: Randi Johl, Secretary APPROVED AS TO FORM: By: 2,1,rll Je Wa dle on, President By: Peter M. Thorson, General NONPROFIT Counsel Temecula Valley Writers and Illustrators Attn: Jeff Waddleton 30732 Doral Court Temecula, CA 92592 City Purchasing Mgr. Initials and Date: 0 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT SPONSORSHIP BENEFITS SPONSOR Temecula Valley Writers and Illustrators shall provide the following benefits and services for the citizens of the City of Temecula: • City of Temecula logo/name on advertisements, press releases, posters and flyers or other promotional material. • Host a yearly event open to the public. 06/26/2024 EXHIBIT "B" IN -KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Temecula Valley Writers and Illustrators meetings. The following expenses can be anticipated for the event and include staff support for room set-up time and set-up and breakdown costs per year. Conference Center set-up and breakdown time: $2,640.00 TOTAL VALUE: -2 4 06/26/2024 Item No. 13 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Erica Russo, Director of Community Services DATE: July 9, 2024 SUBJECT: Approve First Amendment to Agreement with Douglas Hiner dba DH Umpire Services Company for Officiating Services for the Adult Softball League PREPARED BY: Sergio Raya, Community Services Supervisor II RECOMMENDATION: That the Board of Directors approve the first amendment to the agreement with Douglas Hiner dba DH Umpire Services Company for officiating services for the Adult Softball League through June 30, 2026, for a total amount of $155,000, and amend related insurance requirements. BACKGROUND: The Sports Division entered into an agreement with Douglas Hiner dba Umpire Services Company for officiating services for the City of Temecula Adult Softball League in the Spring of 2021 after the COVID-19 restrictions temporary halted municipalities from operating adult sports leagues. Over the course of the three-year term of the current agreement, the participants of the adult softball league have appreciated the fair and consistent officiating that DH Umpire Services Company has delivered. Additionally, the level of professional service, particularly in the realm of communication and record keeping, is particularly valued by City Sports staff. City staff is seeking to option the two-year extension, ending on June 30, 2026, in the agreement in order to secure the same exemplary level of service that has been experienced the last three years. FISCAL IMPACT: Funds are budgeted in the Fiscal Year 2024-2025 Annual Operating Budget. Funds for future fiscal years will be budgeted as part of the normal Annual Operating Budget. ATTACHMENTS: First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND DOUGLAS HINER DBA DH UMPIRE SERVICES COMPANY THIS FIRSTAMENDMENT is made and entered into as of July 9, 2024,by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Douglas Hiner dba DH Umpire Services Company, an Individual Person (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On July 27, 2021, the City and Contractor entered into that certain Agreement entitled "Agreement for Consultant Service," in the amount of $93,000.00. b. The parties now desire to extend the term of the agreement to June 30, 2026, increase the payment in the amount of $62,000.00, adjust the insurance requirements, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2026, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Sixty -Two Thousand Dollars and No Cents ($62,000.00), for additional umpire services for a total Agreement amount of One Hundred Fifty -Five Thousand Dollars and No Cents ($155,000). 4. Section 9 of the Agreement entitled "INSURANCE REQUIREMENTS" at paragraph "b" is hereby amended to read as follows: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 08/09/2021 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Concessionaire has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Vendor is submitting the certification required above. The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Contractor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance. 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 08/09/2021 6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. 7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Vendor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 5. Section 13 of the Agreement entitled "NOTICES" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 To Consultant: DH Umpire Services Attn: Douglas Hiner 377 Overleaf Way San Jacinto, CA 92583 6. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 08/09/2021 7. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DOUGLAS HINER DBA DH UMPIRE DISTRICT SERVICES COMPANY (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Zak Schwank, TCSD President Iroualaj'Hiner, Owner ATTEST: By Randi Johl, Secretary APPROVED AS TO FORM: By Peter M. Thorson, General CONTRACTOR Counsel DH Umpire Services Cornvan Attn: Doug Hiner 377 Overleaf Way San Jacinto, CA 92582 dhumpireservice@gmaii.com City Purchasing Mgr. Initials and Date: 3 08/09/2021 ATTACHMENT A EXHIBIT A Cost for services shall be as per Contractors proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $155,000 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 08/09/2021 Item No. 14 TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: July 9, 2024 SUBJECT: Adopt Ordinance No. TPFA 2024-02 Levying Special Taxes within Community Facilities District No. 23-02 (Altair) (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the Board of Directors adopt an ordinance entitled: ORDINANCE NO. TPFA 2024-02 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.23-01 (ALTAIR) BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinance No. TPFA 2024-02 was first introduced at the regularly scheduled meeting of March 26, 2024. FISCAL IMPACT: None ATTACHMENTS: Ordinance No. TPFA 2024-02 ORDINANCE NO. TPFA 2024-02 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.23-01 (ALTAIR) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On February 13, 2024, this Board of Directors of the Temecula Public Financing Authority (the "Authority") adopted Resolution No. TPFA 2024-03 entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein — Altair" (the "Resolution of Intention"), stating its intention to establish the Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair) (the "District"), to designate an Improvement Area No. I of the Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair) in the District (the "Improvement Area"), and to identify a future annexation area (the "Future Annexation Area") relative to the District, all pursuant to the Mello - Roos Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code (the "Law"), to finance the costs of certain public improvements (the "Facilities"), of certain municipal services (the "Services") and of a conservation fee (the "Conservation Fee"). Section 2. In the Resolution of Intention, this Board of Directors determined that it may be necessary to designate additional improvement areas when territory in the Future Annexation Area annexes into the District (each, a "Future Improvement Area"). Section 3. Notice was published as required by the Law of the public hearing called pursuant to the Resolution of Intention relative to the intention of this Board of Directors to form the District, to designate the Improvement Area, and to identify the Future Annexation Area, all to provide for the costs of the Facilities, the Services and the Conservation Fee. Section 4. The public hearing was held on March 26, 2024. At the public hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the designation of the Improvement Area, the identification of the Future Annexation Area, the levy of special taxes in the Improvement Area and the incurrence of bonded indebtedness for the Improvement Area and the Future Improvement Areas were heard, substantial evidence was presented and considered by this Board of Directors and a full and fair hearing was held. Section 5. Subsequent to the public hearing, this Board of Directors adopted resolutions entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of Formation of Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair)" (the "Resolution of Formation"), "A Resolution of the Board of Directors of the Temecula Public Financing Authority Determining the Necessity to Incur Bonded Indebtedness of the Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair)" (the "Resolution of Necessity") and "A Resolution of the Board of Directors of the Temecula Public Financing Authority Calling Special Election Within Improvement Area No. 1 of the Community Facilities District No. 23-01 (Altair)," which resolutions established the District and the Improvement Area, identified the Future Annexation Area, authorized the levy of a special tax on property within the Improvement Area, authorized the incurrence of bonded indebtedness for the Improvement Area and called an election within the Improvement Area on the proposition of incurring indebtedness, levying the special tax and establishing an appropriations limit for the Improvement Area, respectively. Section 6. On March 26, 2024 an election was held within the Improvement Area in which the sole eligible landowner elector approved said propositions. Section 7. By the passage of this Ordinance this Board of Directors hereby authorizes and levies special taxes within the Improvement Area and on any parcels in the Future Annexation Area that are annexed into the Improvement Area or a Future Improvement Area, pursuant to the Law. With respect to the Improvement Area, the Authority shall levy the special tax at the rate and in accordance with the rate and method of apportionment of special taxes attached as Exhibit B to the Resolution of Intention (the "Improvement Area No. 1 Rate and Method), which Resolution of Intention is by this reference incorporated herein. With respect to Future Improvement Areas, the City shall levy the special taxes at the rate and in accordance with the rate and method of apportionment approved by the qualified electors in the respective Future Improvement Areas in the manner required by the Law (each, a "Future Rate and Method"; together with the Improvement Area No. 1 Rate and Method, the "Rate and Methods"). The special taxes are hereby levied commencing in Fiscal Year 2024-2025 and in each fiscal year thereafter for the period provided in applicable Rate and Methods, as contemplated by the Resolution of Formation and the Resolution of Necessity, and payment in full all costs of administering the District. Section 8. The Authority Treasurer is hereby authorized and directed to work with the Finance Director for the City of Temecula (who is identified as the "CFD Administrator" in the Improvement Area No. 1 Rate and Method) each fiscal year to determine the specific special tax rate and amount to be levied for each parcel of real property within the Improvement Area and each Future Improvement Area, in the manner and as provided in the respective Rate and Method applicable thereto. Section 9. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes, to the extent set forth in the Rate and Methods. In no event shall the special taxes be levied on any parcel within the Improvement Area or a Future Improvement Area (including any parcels in the Future Annexation Area that are annexed into the District) in excess of the maximum tax specified in the applicable Rate and Method. Section 10. All of the collections of the special tax shall be used as provided for in the Law and in the Resolution of Formation including the payment of principal and interest on bonds issued by the Authority for the Improvement Area or a Future Improvement Area (the "Bonds"), the replenishment of the reserves for the Bonds, the payment of the costs to provide the Facilities, the Services and the Conservation Fee, the costs of the Authority and the City of Temecula in administering the District, and the costs of collecting and administering the special tax. N Section 11. The special taxes shall be collected from time to time as necessary to meet the financial obligations of the District and any improvement areas thereof on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected. The special taxes shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of Section 53356.1 of the California Government Code shall apply to delinquent special tax payments. The Treasurer is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the District and any improvement areas thereof in each fiscal year until the later of the date on which (a) the Bonds are paid in full and provision has been made for payment of all of the administrative costs of the District and any improvement areas thereof, or (b) the date, if ever, on which this City Council determines that the special tax shall no longer be levied to pay for costs of the Facilities, the Conservation Fee and/or the Services. Notwithstanding the foregoing, the Treasurer may collect one or more installments of the special taxes on any one or more parcels in the District or any improvement area thereof by means of direct billing by the Authority of the property owners within the District or any improvement area thereof, if any of the Bonds bear interest at a variable interest rate, or otherwise if, in the judgment of the Treasurer, such means of collection will reduce the administrative burden on the Authority in administering the District or such improvement area or is otherwise appropriate in the circumstances. In such event, the special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the applicable property owners. Section 12. Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, or if the special tax is found inapplicable to any particular parcel within the Improvement Area or a Future Improvement Area, by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance and the application of the special tax to the remaining parcels within the Improvement Area or Future Improvement Area (including any parcels in the Future Annexation Area that are annexed into the District). PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 9th day of July, 2024. James Stewart, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Ordinance No. TPFA 2024-02 was duly introduced and placed upon its first reading at a meeting of the Board of Directors of the Temecula Public Financing Authority on the 261h day of March, 2024, and that thereafter, said Ordinance was duly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 9th day of July, 2024, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Matt Peters, Acting Director of Community Development DATE: July 9, 2024 SUBJECT: Introduce Ordinance Amending Titles 9 and 17 of the Temecula Municipal Code to Add and Implement a Class IV Establishment License and Adopt Related Resolutions PREPARED BY: RECOMMENDATION: Mark Collins, Associate Planner That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 9 AND 17 OF THE TEMECULA MUNICIPAL CODE TO 1) IMPLEMENT AND DEFINE A CLASS IV ENTERTAINMENT LICENSE, 2) AMEND TABLE 17.08.030 (SCHEDULE OF PERMITTED USES COMMERCIAL / OFFICE / INDUSTRIAL DISTRICTS) TO INCLUDE CLASS IV ENTERTAINMENT ESTABLISHMENT AS A NON PERMITTED USE IN ALL ZONES BUT ALLOWED IN THE OLD TOWN SPECIFIC PLAN AND ADDING A NOTE REFERENCING CHAPTER 17.09 (ALCOHOL), 3) CREATE A NEW CHAPTER 17.09 (ALCOHOL) AND RELOCATE ALL ALCOHOL REQUIREMENTS FROM CHAPTER 17.10 (SUPPLEMENTAL DEVELOPMENT STANDARDS) TO CHAPTER 17.09 (ALCOHOL), 4) CREATE STANDARDS FOR ENTERTAINMENT ESTABLISHMENTS, AND 5) MAKING A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3) 2. Adopt the following resolutions entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING SPECIFIC PLAN AMENDMENT NO. 11 TO THE OLD TOWN SPECIFIC PLAN TO 1) ADD CLASS IV ENTERTAINMENT ESTABLISHMENT AS A PERMITTED USE IN THE DOWNTOWN CORE DISTRICT, 2) IMPLEMENT A ONE YEAR OUTDOOR LIVE ENTERTAINMENT PILOT PROGRAM, AND 3) MAKING A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A CLASS IV ENTERTAINMENT LICENSE FEE BACKGROUND SUMMARY: During the Covid-19 pandemic, businesses of all varieties were put under conditions that likely could have resulted in the loss of many businesses within the City, specifically Old Town. During the pandemic, the City was proactive and established an outdoor dining program that allowed restaurants and retailers to stay open and continue to operate within the limits of then current health restrictions. This proved beneficial, as all businesses who took advantage of the program survived the pandemic and continue to thrive to this day. As the "Jewel of Temecula," residents have long known that Old Town is a special place; both in terms of its importance to the community as a cultural, historic, and social place for families to enjoy as well as its substantial economic impact to the City and regionally. The exceptional steps taken by businesses and the City to keep Old Town open during this time was no doubt a success. As the impacts of the pandemic eased, Old Town became a victim of its own success, with rising rates of alcohol related incidents, overserving of patrons and various other alcohol related induced crimes or violations of the Municipal Code. In addition to the rising rates of alcohol related incidents, City Staff was receiving multiple requests from existing and potential businesses to sell alcohol past midnight. In response, the City of Temecula held a joint public workshop of the City Council and Planning Commission on the morning of September 28, 2023. These bodies are responsible for the approval of permits and licenses allowing for businesses to provide or sell alcohol to their guests and patrons. At this meeting, staff presented a history of Old Town and its growth into the lively Old Town is today; this included more recent history of continued alcohol related incidents and in some cases illegal behavior/actions observed. This discussion focused on three topics that the Council requested additional research and information on. They were: 1) Consistent and predictable conditions of approval for businesses that provide alcoholic beverage sales. 2) Type 90 Alcohol Beverage Control (ABC) License, which permits entertainment venues to serve distilled spirits, without food service as well as allow minors on the premises. 3) Explore the options of an outdoor live entertainment permit specific to Old Town. Staff received direction from the joint workshop to further analyze and prepare a policy framework for amending the Development Code. After initial analysis, further direction was necessary from the Planning Commission and City Council. A second joint public workshop of the City Council and Planning Commission was held on the morning of February 6, 2024. This meeting focused primarily on how the City wanted to address some specific questions that would shape the framework of the updated policies. Specifically, staff was requesting direction on: • hours of operation; • quantity of events/permits; • limits on musical instruments (percussion); and • relation to City events and residences. After collecting feedback from the joint workshop, staff prepared a draft ordinance to implement these changes to Chapter 9.10 (Entertainment License), Title 17 (Zoning) and a draft resolution to adopt Specific Plan Amendment No. 11 (SPA No. 5) to the Old Town Specific Plan. SUMMARY OF ORDINANCE: The proposed Ordinance would make amendments to Titles 9, and 17 of the Temecula Municipal Code. Listed below is a summary of the proposed changes to the Municipal Code: Changes to Title 9 Section 9.10.020 (Definitions) 1. Amend the definition of `Entertainment Establishment Types" to include "Class IV Entertainment License" which is specific and only issued to establishments that hold a Type 90 ABC License. 2. Add definition for "Type 90 ABC License." Section 9.10.060 (Fees) 3. Specify that the Class IV Entertainment License shall have the same Fee amount and application process as that of a Class III Entertainment License as set by City Council Resolution. Section 9.10.090 (Universal entertainment license standards and conditions 4. Add Class IV Entertainment License, and specify that all requirements applicable to Class I, II, and III Entertainment Licenses are applicable to Class IV with the exception of operational hours. Operating hours for a Class IV Entertainment License are 7:00 a.m. through 10:59 p.m., and alcohol sales ceasing at 11:59 p.m. Section 9.10.125 (Class IV Entertainment Venue Conditions) 5. Add new section implementing operating conditions for Class IV Entertainment Establishments, to include reference to Chapter 17.09 (Alcohol). Changes to Title 17 Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) 6. Amend the table to include "Class IV entertainment establishment as a non -permitted use in all commercial zones but allowed in the Downtown Core District of the Old Town Specific Plan and add "Footnote 16" to all land uses that serve or sell alcohol referencing Chapter 17.09 (Alcohol). Chapter 17.09 (Alcohol) 7. Create new Chapter, 17.09 (Alcohol). This chapter will contain standards, conditions, and operational requirements for establishments that sell or serve alcohol. In addition, this chapter will include additional definitions, staff training, posting requirements that would establish standards specific to the operation of a Class IV entertainment establishment. Only one Class IV entertainment establishment will be allowed, and it shall be located exclusively within the Downtown Core District in the Old Town Specific Plan. Lastly, the regulations would require that alcohol sales moving forward shall cease at midnight (11:59 p.m.). CUP's issued prior to this Ordinance may operate under their existing CUP hours. Section 17.10.020 (Supplemental Development Standards Subsection B (Alcoholic Beverage Sales), and Subsection G (Entertainment Establishments) will be relocated to Chapter 17.09 (Alcohol), and the latter renamed "Entertainment Establishments" as shown in Ordinance. SUMMARY OF RESOLUTION: The proposed Resolution would amend the Old Town Specific Plan (Amendment No. 11), listed below is a summary of the proposed changes to the Old Town Specific Plan: 9. Amending the land use table to permit (a maximum of one) Class IV entertainment establishment in conjunction with a live entertainment license and a Type 90 ABC license. 10. Creation of a one-year pilot program allowing outdoor live entertainment, specifically within the Downtown Core District within Old Town 11. Miscellaneous typographical corrections and clarifications. The draft proposal was taken to the Old Town Local Advisory Committee (OTLAC) on April 25th, 2024; the City Council Old Town Steering Subcommittee on May 14th, 2024; and the Planning Commission General Plan Update Subcommittee on May 15th, 2024. These bodies refined the proposal into its current form which was recommended for adoption by the Planning Commission on June 5th, 2024 as detailed in Resolution No. 2024-08 (Ord), and Resolution No. 2024-09 (SPA). SUMMARY OF RESOLUTION: The proposed Resolution would establish a Class IV Entertainment License Fee. FISCAL IMPACT: Community Development budgeted sufficient funds for the ordinance development and fee study, which will include administrative costs, and enforcement. ATTACHMENTS: 1. City Council Ordinance 2. Planning Commission Resolution No. 2024-08 3. City Council Resolution - Old Town Specific Plan Amendment No. 11 4. Exhibit A — Old Town Specific Plan Amendment No. 11 5. Planning Commission Resolution No. 2024-09 6. City Council Resolution - Fee 7. Notice of Public Hearing 8. Notice of Exemption ORDINANCE NO.2024- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 9 AND 17 OF THE TEMECULA MUNICIPAL CODE TO 1) IMPLEMENT AND DEFINE A CLASS IV ENTERTAINMENT LICENSE, 2) AMEND TABLE 17.08.030 (SCHEDULE OF PERMITTED USES COMMERCIAL / OFFICE / INDUSTRIAL DISTRICTS) TO INCLUDE CLASS IV ENTERTAINMENT ESTABLISHMENT AS A NON PERMITTED USE IN ALL ZONES BUT ALLOWED IN THE OLD TOWN SPECIFIC PLAN AND ADDING A NOTE REFERENCING CHAPTER 17.09 (ALCOHOL), 3) CREATE A NEW CHAPTER 17.09 (ALCOHOL) AND RELOCATE ALL ALCOHOL REQUIREMENTS FROM CHAPTER 17.10 (SUPPLEMENTAL DEVELOPMENT STANDARDS) TO CHAPTER 17.09 (ALCOHOL), 4) CREATE STANDARDS FOR ENTERTAINMENT ESTABLISHMENTS, AND 5) MAKING A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. A new California Department of Alcoholic Beverage Control (ABC) License Type, Type 90 (Entertainment Venue) became effective on January 1, 2024 and inclusion of this new license type would bring increased visibility and patronage to Temecula. As such, the City Council directed staff to establish criteria for allowing these types of establishments in the City. B. An increase in the frequency of alcohol related incidents within Temecula, particularly after midnight, prompted the City Council to direct staff to make revisions related to how alcohol uses are regulated which requires amendments to portions of Title 9 (Public Peace, Morals and Welfare) and Title 17 (Zoning) of the Temecula Municipal Code. C. The code amendments are being made to ensure the Temecula Municipal Code provides a clear and concise process for applicants desiring to serve alcohol within the City and strong tools for compliance. Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. On June 5, 2024, the Temecula Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2024-08 recommending approval of the Ordinance by the City Council. C. On July 9, 2024, the City Council, at a regular meeting, considered the Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 3. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendments hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed Ordinance implements a new ABC License Type (Type 90 Class IV entertainment establishment), creates a new Class IV Entertainment License and establishes regulations for the operation of establishments that serve alcohol to patrons on the premises which furthers the goals and policies contained in the City's General Plan. Inclusion of Class IV entertainment establishments (ABC Type 90 License) as a permitted use in the Old Town Specific Plan furthers Policy 7.1 of the Land Use Element which is to "Consider locating additional civic, public and cultural facilities in and around the Old Town area. Inclusion of consistent standards for establishments that sell alcohol furthers Goal 1 of the Land Use Element which specifies "A diverse and integrated mix of residential, commercial, industrial, recreational, public and open space land uses." The Type 90 ABC Licenses are unique among ABC licenses and are new to the State. As a result, there is no significant record of impacts arising from Type 90 Licenses nor of measures to mitigate impacts arising from such uses. Therefore, in order to balance the Goal of locating additional civic, public and cultural facilities in and around the Old Town area with the Goal of providing a safe and secure community free from the threat of personal injury and loss of property, the Council is limiting the class IV entertainment establishment licenses to one so as to evaluate the effectiveness of the regulations before expanding the use. B. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The proposed Ordinance implements consistent standards for establishments that sell alcohol, which furthers Goal 3 of the Public Safety Element which is to provide "A safe and secure community free from the threat of personal injury and loss of property." N C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance has been designed to be consistent with Policy 3.1 of the Economic Development Element of the General Plan which states, "Encourage a pattern of development that balances revenue generating land uses in phase with other uses that have negative fiscal impacts." Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 2024- is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The City is establishing citywide regulations on alcohol uses which impact the operation of these businesses to make them safer for the general public. In addition, one class IV entertainment establishment will be permitted in the City but this establishment will only be permitted in an already existing business that holds a Type 42 ABC license. In addition, the ordinance establishes standards for the operation of class IV entertainment establishments to ensure that these businesses do not have adverse impacts on surrounding uses. As such, the change in operations to allow live entertainment in this type of venue is not anticipated to have a significant effect on the environment. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. Section 4. Section 9.10.020 (Definitions) of Chapter 9.10 (Entertainment License) of Title 9 (Public Peace, Morals and Welfare) of the Temecula Municipal Code is hereby amended to amend the definition of "Entertainment Establishment Types" and to add a definition for "Type 90 ABC License" as follows, with all other provisions of Section 9.10.020 remaining unchanged: "Entertainment establishment(s)" means any commercial business, that is open to the public and offers entertainment to patrons. Entertainment establishments are separated into four three different classes, as outlined below: Entertainment Establishment Types Class I entertainment establishment (a businesses without alcohol) means a business offering ancillary entertainment to patrons. A class I facility does not serve any alcoholic beverages and does not include any dancing. Class II entertainment establishment (a business serving beer, wine, and/or distilled spirits) means a business with an ABC license that offers beer, wine, and or distilled spirits in addition to offering ancillary entertainment to patrons. A class 11 facility does not include dancing. Subject to Chapter 17.09 Alcohol Class III entertainment establishment (nightclub, cocktail lounge, bar, and dance club/hall, pool hall) means a business with an ABC license that offers any combination of beer, wine, and/or distilled spirits in addition to offering entertainment to patrons. A class III facility also allows for dancing. Restaurants with dancing shall be classified as a class III facility. Subject to Chapter 17.09 (Alcohol Class IV entertainment establishment means a business with a Type 90 ABC License which allows for the sale of beer, wine, and distilled spirits at retail for consumption on the premises in a music entertainment facility, as defined in Business and Professions Code section 23550. (Subject to Chapter 17.09 (Alcoholk, "Type 90 ABC License" shall have the same definition as contained in Business and Profession Code section 23550 as may be amended from time to time. Section 5. Subsection A of Section 9.10.090 (Universal entertainment license standards and conditions) of Chapter 9.10 (Entertainment License) of Title 9 of the Temecula Municipal Code is hereby amended to read as follows, with additions shown in underlined text and deletions shown in strikethrough text, with all other provisions of Section 9.10.090 remaining unchanged: 9.10.090. Universal entertainment license standards and conditions. A. All class I, class II, class III, and class IV entertainment establishments shall operate in accordance with the following standards or conditions: 1. Display of License. The entertainment license shall be displayed on the premises in a conspicuous place so that law enforcement and city staff entering may readily see the entertainment license. A copy of the floor plan approved with the entertainment license shall always be kept on the premises and made available at the request of any law enforcement officer, fire marshal, code officer, or deputy fire marshal, or if requested by the establishment after an opportunity for pre -compliance review. 2. Outdoor Entertainment. Outdoor entertainment is prohibited unless explicitly permitted by an active conditional use permit that explicitly allows outdoor entertainment, or by a temporary use permit, or special event permit. 3. Class III and IV Entertainment. Dancing is only permitted at establishments with a Class class III or class IV entertainment license. 4. Entertainment Hours of Operation. Entertainment operations shall cease, based on the times outlined below: a. The hours of entertainment for a class IV entertainment establishment are limited to 10:59:59 pm to allow for the sale of alcoholic beverages 1 hour after live performance ends. Entertainment License Type Class I 7:00 a.m. — 44:00 9:59:59 p.m. Daily Class II 7:00 a.m. — 4000 9:59:59 p.m. Dail Class III Entertainment operating hours shall be between 7:00 a.m. — 11:59:59 p.m. or as otherwise set forth in a conditional use permit that explicitly allows dancing adopted prior to February 1, 2022. Class IV Entertainment operating hours shall be between 7:00 a.m. — 10:59:59 p.m. Section 6. Section 9.10.125 (Class IV Entertainment Establishment) is hereby added to Chapter 9.10 (Entertainment License) of Title 9 of the Temecula Municipal Code to read as follows: "9.10.125. Class IV Entertainment Establishment. A. Permit Required. 1. All class IV entertainment establishments shall obtain and hold a class IV entertainment license to lawfully operate as a class IV entertainment establishment. B. Application selection process. 1. Only one class IV entertainment establishment license shall be issued on a first come, first served basis based on the date the application was received for a use requiring a Type 90 ABC License. Applications must be received by the Community Development Department by no later than August 8, 2024 at 4 p.m., must be accompanied by the appropriate fee, and must meet the following criteria: 1) the business must hold a Type 42 ABC License (public premises, beer & wine no food) the business must have no occupancy violations within the prior twelve (12) months from when the application was submitted, 3) the business shall not have any violations of their ABC license, and 4) have a minimum occupancy of one hundred (100) persons as stated on the Certificate of Occupancy. Any business that does not meet this criterion will not be issued a license. C. A class IV entertainment establishment shall comply with the regulations set forth in Sections 9.10.090 and 9.10.120. A class IV entertainment establishment shall also comply with the following: 1. ABC Requirements. All class IV entertainment establishments shall operate strictly accordance with the limits of their ABC License and any conditions imposed by ABC in addition to Business and Professions Code sections 23550 and 23552, as the same may be amended from time to time. 2. Location. Establishments seeking a Class IV license shall only be permissible within the Old Town Temecula Specific Plan Area, exclusively within the "Downtown Core" District as shown on Exhibit IV-1: Old Town Regulating Plan located in the Old Town Specific Plan (SP No. 5). 3. Operating Requirements. Standards, conditions and operating requirements for a class IV entertainment license are located in Chapter 17.09 (Alcohol). Section 7. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 of the Temecula Municipal Code is hereby amended to read as follows with additions shown in underlined text and deletion shown in strikethrough text, with all other provisions of the table remaining unchanged: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC �HT �SC �PO�BP LI A Alcoholic beverage manufacturing' - - - C - P P Alcoholic beverage manufacturing with entertainment'" ° 16 - - - C, <,„ - C,! ,„ C, <,„ Alcoholic beverage sales16 See Chapter 17.09 (Alcohol) Automotive service stations selling beer and/or wine— with or without an automated car wash�l6 - C} C} C} C} C} C} B Beer and wine market' C C C C - - - Billiard parlor/pool hall'," 1-6 - 046 046 046 - - - Bowling alley' 16 - P P P - - - Butcher shop 16 P P P P - - - C Catering services 16 P P - P - P P Convenience market4-l6 C C C C C - - D Delicatessenl6 P P P P P P P Discount/department storel6 - P - P - - - Drug store/pharmacy'6 P P P P P - - E Entertainment Establishment (ABC Type 90,1E - - - - - - - Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC �HT �SC �PO�BP LI G General merchandise/retail store less than 10,000 sq. ft.16 C P P P - - - Grocery store, retail}16 - P P P C - - Grocery store, wholesale}16 - - - P - C P H Health food store16 P P P P C - - Hotels/motels116 - C P - C C - Liquor stores' - - - - - - - Membership clubs, organizations, lodges 116 C C C C C C C Movie theaters16 - C C - - - - R Restaurant, drive-in/fast food16 - C C C - - - Restaurant (bona fide public eating establishment) without alcohol' P P P P P P P Restaurant (bona fide public eating establishment) with beer & wine sales}1166 P} P} P} P} P} P} P} Restaurant (bona fide public eating establishment) with beer, wine & distilled spirits}1166 C} C} C} C} C} C} C} Restaurant (bona fide public eating establishment) with entertainment (not including dancing)"' 16 - P' P' P' - P444 P—, Restaurant (bona fide public eating establishment) with entertainment and/or dancing " i6 - P' P,', P,, ;�, - - - Retail support use to a noncommercial business (limited to the sale of products manufactured or assembled on site - - - - - P P Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI and occupying less than 15% of the floor area of the business)16 S Specialty market}16 C P P P C - - T Tobacco shop13 - P13 P13 P13 - - - W Wine tasting shop, with or without product sale for off- C P P P - - site consumption (Department of Alcoholic Beverage Control Type 02 only)2 Wine tasting shop, with or without product sale for off- C C C C - - site consumption (Department of Alcoholic Beverage Control License Types other than Type 02)16 Notes: 1. Subject to the supplemental development standards contained in Chapter 17.10 of this code. 2. Subject to the provisions of Chapter 17.40 of the Temecula Municipal Code. 3. See Chapter 5.22 of the Temecula Municipal Code. 4. Senior housing residential projects in the CC, SC, HT and PO zones shall use the residential performance and development standards for the high density residential zone. Senior housing residential projects in the NC zone shall use the residential performance and development standards for the medium density residential zone and the applicable supplemental development standards in Chapter 17.10. Congregate care facilities shall use the residential performance standards. 5. New office buildings in the BP and LI zones are subject to performance standards contained in Section 17.08.070(E). 6. Supplemental Design Review. Office buildings that are less than 50,000 square feet may be approved, conditionally approved, or denied by the city council. 7. Marijuana cultivation (as defined in Chapter 8.52) for medical, nonmedical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay Notes: zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. 8. Residential, multiple -family housing shall be allowed in the PO zone only if the affordable housing overlay (AHO) applies to the property and the proposed development complies with all requirements of Chapter 17.21. 9. Subject to the supplemental development standards contained in Chapter 6.04 of this code. 10. These uses are prohibited within any multifamily residential use within these zones. 11. Subject to Chapter 9.10 (Entertainment License) and Chapter 9.11 (Regulation of Private Security Operators). 12. Any housing development project that, pursuant to state law, requires ministerial approval or where the housing development project is subject to discretionary review, but a specific plan or a planned development overlay zoning district (PDO) does not otherwise set forth objective design standards applicable to the project shall comply with the Temecula Objective Design Standards for Multifamily and Mixed -Use Developments. 13. Subject to the requirements contained in Section 5.24.120 of this code. 13. A low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code Section 65662. 14. Supportive housing shall comply with Section 17.06.110. 15. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. To determine whether the type of transitional housing proposed is a permitted or conditionally permitted use, see the different residential types in the chart above. 16. Subject to the requirements of Chapter 17.09 (Alcohol). 1 T• Only permitted in the "Downtown Core" District of the Old Town Specific Plan. Section 8. A new Chapter 17.09 (Alcohol) is hereby added to Title 17 (Zoning) to read as follows: "Chapter 17.09 Alcohol 17.09.010 Purpose. The purpose of this chapter is to establish the standards, conditions and requirements for establishments that serve, sell or otherwise provide alcoholic beverages. It is the intent of this chapter to provide predicable and consistent standards and operational requirements for such establishments to ensure compliance and preserve the high quality of life enjoyed by Temecula residents and businesses. 17.09.020 Applicability The requirements of this chapter shall be applicable to all establishments that serve, sell, or otherwise provide alcohol. This chapter is applicable to all establishments that serve alcohol, regardless of the type of ABC License held by the establishment and include establishments subject to a Specific Plan, or Planned Development Overlay Zoning Districts. The only exception to these requirements would be any establishment that has previously obtained and maintains in good order a Conditional Use Permit (CUP) that contains any alcohol related conditions that conflict with this Chapter. This exception shall be narrow in scope and when a CUP does not address or minimally addresses a topic covered by this Chapter, this Chapter shall prevail. 17.09.030 Definitions. The definitions below shall have the following meanings, unless there is conflict with a superseding Federal or State law, in which case the superseding definition shall be used. A. "ABC" is used as an acronym for the "California Department of Alcoholic Beverage Control," and shall be considered one and the same when used throughout this code and may be used interchange abl . B. "Alcoholic beverage," as defined in Section 23004 of the Business and Professions Code, includes alcohol, spirits, liquor, wine, beer, and eveKy liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. "Alcoholic beverage" does not include "powdered alcohol," as defined in 23003.1 of the Business and Professions Code. C. "Alcohol manager," as defined in California Business and Professions Code Section 25680 and Department of Alcoholic Beverage Control policy, means anyone who trains, directly hires, or oversees alcohol servers at an ABC licensed premises, or who trains alcohol servers how to perform the service of alcohol for consumption for an ABC on -premises licensee. This definition specifically excludes an employee or contractor of another separate ABC licensee who is training alcohol servers for marketing or distribution purposes. D. "Alcohol server," as defined in California Business and Professions Code Section 25680 and Department of Alcoholic Beverage Control policy, means anyone who does any of the following: 1. Checks customer identification for purposes of alcoholic beverage service; 2. Checks customer identification for purposes of entry to an ABC on -premises licensed establishment; 3. Takes customer alcoholic beverage orders; 10 4. Pours alcoholic beverages for customers; or 5. Delivers alcoholic beverages to customers. E. "Alcohol serving" means one alcohol serving containing 0.60 ounces of pure alcohol (ethanol). For example: 1.50 ounces of 80-12roof distilled spirits (40% ABV - alcohol by volume) 1.50 times 0.40 = .60 ounces of pure alcohol 12 ounces of a standard beer (5% ABV - alcohol by volume) 12 times 0.05 = 0.60 ounces of pure alcohol 5 ounces of most wines (12% ABV - alcohol by volume) 5 times 0.12 = 0.60 ounces of pure alcohol F. `Banned customer log" means a written record of customers not permitted to enter the business due to the customer's bad behavior (for example, repeated incidents of being obviously intoxicated, assault and/or battery on staff or customers, and theft). The record shall include the incident date, a brief description of the reason for being banned, a description of the customer, length of ban (e.g., 30 days, 60 days,mpermanent.), and the customer's name, if known. G. "Cocktail recipe list" means a documented compilation of cocktail recipes that includes the quantity of each ingredient and the number of alcohol servings, as defined above, in each cocktail, which determines each cocktail's potency. It includes, at a minimum, the recipes for the following: 1. Popular cocktails; 2. All house specialty cocktails; and 3. Cocktails identified on menu(s). H. "Cut-off log" means a record of customers who were cut-off from further alcohol service, and patrons not permitted in the business due to existing intoxication level. The record shall include the date of incident, a brief description for cut-off, a description of the customer, and the customer's name. if known. I. "Drink potency" means the total number of alcohol servings in a drink. This is calculated by summing the total number of ounces of pure alcohol in a drink, dividing by 0.60, and rounding the answer to the closest loth. For example, an Adios recipe: 0.50 ounces of tequila that is 40% ABV (0.5 - 0.20 pure alcohol times 0.4 = 0.20) 0.50 ounces of vodka that is 40% ABV (0.5 0.20 pure alcohol times 0.4 = 0.20) 0.50 ounces of gin that is 40% ABV (0.5 - 0.20 pure alcohol times 0.4 = 0.20) 0.50 ounces of rum that is 40% ABV (0.5 = 0.20 pure alcohol times 0.4 = 0.20) 0.50 ounces of triple sec that is 15% ABV (0.5 = 0.075 pure times .15 = .075) alcohol The sum of pure alcohol = 0.875 Drink Potency: 1.5 alcohol servings (0.875 divided by 0.60 = 1.46, rounded to closest loth = 1.5 J. "Entertainment" means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited (bv advertisement or word of mouth) or allowed to watch, listen, or participate in, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing patrons, including, but not limited to: 1. Dancing by patron(s) or staff to live or recorded music. 2. The presentation of music played on sound equipment operated by an agent contractor of the establishment. This ma.. or not include a "disc jockey" or "DJ." 3. The presentation of live music whether amplified or non -amplified. 4. The presentation of music videos, music concerts or other similar forms of musical entertainment from any source. 5. Anv amusement or event such as live music or other live performance which is knowingly permitted by any entertainment establishment, including presentations by single or multiple performers, such as hypnotists, pantomimes, magicians, comedians, karaoke, song or dance acts, plays, concerts, any type of contest, events with live animals/reptiles, sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for izift or sale: shows. reviews. and anv other such activity which may be attended by members of the public. K. "Headcount log" is a mechanically kept headcount tally using, for example, a hand-held clicker or headcounter qpp. The headcount tally is maintained during busy hours of operation, e.g 9 00 p.m. until closing. The headcount tally includes the working staff and is noted on a written log. L. "Inebriation" means the excessive consumption of alcoholic beverages resulting in a person becoming intoxicated. M. "Inebriated person" means a person who has consumed an excessive amount of alcoholic beverages resultingin n the person becoming intoxicated. N. "Licensee" means the person who is licensed by the Department of Alcoholic Beverage Control (ABC) to sell alcoholic beverages. O. "Manager" means a person, regardless of the job title or description, who has discretionary powers to organize, direct, carry on, or control the operations of an entertainment establishment, including a restaurant or bar. Authority to engage in one or more of the 12 following functions is prima facie evidence that a person is a manager of the entertainment establishment: 1. Hire or terminate employees; 2. Contract for the purchase of furniture, equipment, or supplies, except for the occasional replenishment of stock; 3. Disburse funds of the business, except for the receipt of regularly replaced items of stock; 4. Make or participate in makingpolicydecisions regarding operations of the establishment; 5. Holds keys to open and/or close the establishment. P. "Manager on duty" means the staff member who is responsible for the business during the shift. The responsible person must meet the criteria of "manager" as defined in this chapter. In addition, the person must be: 1. An employ 2. Certified in accordance with the responsible beverage service (RBS)training requirements in California Business and Professions Code Section 25683; and 3. Aware of all requirements in the Conditional Use Permit (CUP), Business License, ABC License, and all other permits or licenses required for the establishment to operate. Q. "Meals," as defined in California Business and Professions Code Section 23038 and clarified by an ABC Advisory, means the usual assortment of foods commonly ordered at various hours of the day; what a reasonable person might consider being a meal consumed at breakfast, lunch, or dinner; food served in a reasonable and sufficient quantity that it would constitute a main course. including sandwiches and salads that are substantial. A meal is not pre -packaged sandwiches and salads, snacks such as pretzels, nuts, popcorn, pickles, chips, food ordinarily served as appetizers or first courses, side dishes, reheated or refrigerated or frozen entrees, or desserts. R. "Morphing" means a change in the business operations of a permitted restaurant to a nightclub, without appropriate permits. Morphing often involves a business adding non - permitted entertainment or dancing or extending hours of operation beyond the hours approved by the city. S. "Noise" means any loud, discordant, raucous or disagreeable sound. T. "Noise level" means the "A" weighted sound pressure level in decibels obtained using a sound meter. The unit of measurement shall be designated in dBA. U. "On -Sale" and "On Site Sale of Alcoholic Beverages" shall mean anv establishment that serves any alcoholic beverage for consumption on the premises, these terms may be used interchangeably throughout this chapter. V. "Tvne 90 ABC License" shall have the same definition as contained in Business and Professions Code section 23550 as may be amended from time to time. 13 W. "Speakeasy" shall mean a private establishment that provides meal service with alcoholic beverage sales for onsite consumption on a reservation basis only and is not considered a private or VIP room. 17.09.040 Permit(s) Required. A. California Department of Alcoholic Beverage Control 1. All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the state of California Department of Alcoholic Beverage Control. All businesses or establishments shall provide the ABC license, conditions of the license, and the ABC approved site plan upon request of law enforcement or the city or, upon the request of the applicant after pre -compliance review. 2. There is no exception to this requirement and businesses that operate in violation of this provision shall be subject to administrative and/or punitive action provided for in this Code. B. Alcohol Sales Permitted by Right 1. Grocery stores. druiz stores. specialty markets. and discount/department stores ("primar uses", may offer the incidental sale of alcoholic beverages as a permitted use, unless the initial establishment, or amendment thereof, of the primary use requires a city of Temecula conditional use permit pursuant to another provision of this Title. 2. Restaurants are permitted to serve beer and wine (Typically ype 41 ABC license)as a matter of right. a. Restaurants shall comply with the following_ i. Restaurants that are open to the public for business and engaged in the ancillary sale of alcoholic beverages shall provide restaurant services to the public during all hours that the establishment is open. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic beverages, desserts, salads, and other attendant dishes. ii. Restaurants that wish to offer or provide any form of entertainment must obtain an entertainment license in accordance with Chapter 9.10. C. Land Use Requirements. 1. A Conditional Use Permit (CUP) shall be required for all other ABC License Types except of a Type 41 and Type 90 ABC license. 2. See Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts for zoning information. 3. See Table 17.080.040A and/or 17.08.040B for Development Standards applicable to each zoning district. 4. Areas subject to Specific Plans or similar zoning documents shall comply with those land use requirements. The operational requirements and conditions of this Chapter are in addition to any such requirements of another zoning document. 14 D. Hours. 1. Alcohol sales shall cease each day at 11:59:59 p.m., except for class IV entertainment establishments where alcohol sales must cease at 10:59:59 p.m. a. Establishments that have a valid conditional use permit which allows alcoholic beverage sales beyond this time are exempt from this requirement. Expansion of such uses or similar is prohibited. b. No conditional use permit shall be issued with alcohol sales beyond this time. c. Conditional use permits that allow sales past 11:59:59 p.m. shall be required to amend their operational hours to the requirements of this section if they seek to modify their conditional use permit. d. Establishments shall close at 11:59:59 p.m. Employees may continue closing operations past this hour as required but no customers shall enter or remain on the premises past 11:59:59 p.m. e. Class IV entertainment establishments shall have last call at 10:29:59 D.M. 17.09.050 Training Required A. All persons who serve alcohol within the City of Temecula shall comply with the following_ 1. Responsible Beverage Service Training Every alcohol manager and every alcohol server shall obtain and maintain a current responsible beverage service training course certification as required by Business and Professions Code Section 25683. 2. Verification of Responsible Beverage Service (RBS)Training. In accordance with Business and Professions Code Section 25682(b)(1), the applicant shall ensure that each alcohol server and alcohol manager it employs has a valid training certification. The licensee shall maintain records of certifications for inspection, upon request, by the Department of Alcoholic Beverage Control. 3. Bartender Training and Cocktail Recipe List. a. Bartenders shall be trained to properly build cocktails. At a minimum, bartenders shall be trained to build the cocktails on the Cocktail Recipe List. b. The establishment shall retain a copy of all cocktail recipes on the premises at all times and shall produce them immediately upon the request of any law enforcement or code enforcement officer. c. The establishment shall retain a record of each bartender's Cocktail Recipe List training for a minimum of three years and said list shall be made available for review by any law enforcement or code enforcement officer upon request. Testing shall determine competency in bartender's ability to identify ingredients, price, and number of alcohol servings. d. Opening staff are required to be trained before final approval to open. New staff hired thereafter must be trained within 30 days of employment date (defined as when the employ. esigns a contract or completes tax identification documents). 4. Any additional training requirements of the California Department of Alcoholic Beverage Control (ABC). 15 17.09.060 Alcoholic Beverage Sales Operational Standards. A. Standards and Operational Requirements Generally 1. All establishments that sell alcohol, regardless of ABC Permit Type, shall comply with the following requirements and operational standards: a. Statement of Operations. The establishment shall comply with their Statement of Operations, on file with the Planning Division, unless a conflict exists between the Statement of Operations. b. Previous Conditions of Approval. If an establishment has a valid Conditional Use Permit, all previous Conditions of Approval shall remain in full effect. c. Disorderly House. Establishments may_not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc.; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot. d. Entertainment. Entertainment is prohibited unless the establishment is issued and maintains an Entertainment License per Chapter 9.10 (Entertainment License) of this Code. The Entertainment License shall remain active, and the establishment shall maintain full compliance with its Entertainment License conditions, and any other conditions required by any government agency whose permits or licenses are required for operation. e. Occupancy Load. The establishment shall not allow the number of occupants inside the premises building to exceed the establishment's maximum occupant load as determined by the Certificate of Occupancy_ f. Inspections, Cooperation with Law Enforcement. Police officers, sheriffs deputies and Alcoholic Beverage Control agents are sworn law enforcement officers with the power of arrest. Whether in plain clothes or uniformed, these officers have a legal right under Business and Professions Code Section 25755 to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, storerooms, offices, closed or locked cabinets and safes, kitchen, or any area within the licensed premises. Licensees shall not deny entry to, resist, delay, or obstruct or assault any law enforcement officer. g. ID Guide Manual. To aid in examining identification cards, the establishment shall obtain and use an up -to- date multi -state identification manual. h. Staff Alcohol Consumption. No staff member shall work while under influence of alcohol or drugs in violation of Penal Code Section 647(f) or while obviously intoxicated. i. Right to Cancel Event. The Temecula Police Department shall have the right to stop, cancel, or temporarily delay all of any activities occurringat t any event when police or public safety becomes a significant concern. This shall include all events even those that obtained a Temporary Use Permit (TUP)per Section 17.04.020 of this Code. Eri j. Responsibility for Costs Incurred. The establishment shall be responsible for any cost incurred by the Temecula Police Department if additional officers are required because of traffic problems or congestions, public disturbance or where the need for police presence is required. k. Maintenance of Real Property. The establishment shall permanently maintain the premises' real property in an orderly fashion by the provision of regular maintenance, the removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. 1. Graffiti. Graffiti on telecommunication towers, equipment, walls, or other structures shall be removed within 72 hours from the time of its occurrence. m. Signage Permits. A separate building permit shall be required for all signage Signs shall comply with Chapter 17.28 (Sign Standards) of this code for the 402ropriate zoning district. n. Advertising. The establishment shall have no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within or promoting or indicating the availability of alcoholic beverages. Interior displays of beer and wine beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. o. Inspections. ABC agents and Riverside Sherriff's Office (RSO) shall be granted access to inspect the premises to include all office, storage, and any other areas not open to patrons. p. Ancillary use. For establishments with on -sale alcohol beverage sales that are not bona fide eating establishments, the "bar area" may ONLY be an ancillary use subject to the approval of a conditional use permit. B. Standards for establishments that offer the sale alcohol for on -site consumption. reizardless of ABC license type. 1. Police, Security, Management Staff Meeting. Before opening, it is the responsibility of the establishment to contact the Police to arrange and hold a 90-minute meeting attended by all floor management levels, including bar, server, and security department leads. 2. Food and Beverage Sales Documentation. The city shall have the right during business hours upon 15 days' notice to inspect the books and records of the establishment to determine the gross sales of food and or the gross sales of alcoholic beverages. Establishment gives the right to the city to review the records of the State Board of equalization for the purpose of verifying the establishment's books and records with the understanding that these reviews are confidential. 3. Postings Required. The following physicalpostings must be located in a conspicuous place, as follows: a. Manager on Duty Posting During business hours, the establishment shall post the name of the staff member who is responsible for the business during that shift. The posting must be legible and visible to the public when entering the business. The responsible person must be: i. An employ 17 ii. Certified in accordance with the responsible beverage service training requirements in California Business and Professions Code Section 25683. iii. Aware of all requirements in the conditional use permit, certificate of occupancy entertainment license (as applicable), and ABC license. b. ABC License. The establishment shall display an approved ABC license, the associated conditions, and the approved site plan and provide a copy immediately upon request to city staff or law enforcement. C. Occupancy Posting. The establishment's maximum occupant load number shall be posted over the main exit. Additionally, occLapancy signs shall be posted in spaces and rooms that have been deemed to have a maximum occupancy. load. d. Conditions of Approval Posting. The establishment shall post any approved City of Temecula Conditions of Approval in a place readily visible and available for reading by the business' staff members. e. Overservice Posting at Main Entrance and Main Bar. The establishment of each licensed business shall maintain a clearly legible permanent sign, not less than 7" x 11" in size reading, "It is illegal to sell or serve alcohol to a person who is obviously intoxicated" at the main entrance and main bar, where it can be readily visible to employees and customers. The lettering of such sign shall be no less than one inch in he�ht. f. Overservice Posting on Menu. The establishment of each on -sale licensed business that has one or more menus available for the public shall include and maintain a clearly legible statement on at least one of the menus reading, "It is illegal to sell or serve alcohol to a person who is obviously intoxicated." g. Exterior Sign Posting. When residential areas exist adjacent to the licensed premises, the establishment shall. at all times. disnlav a sign of at least ten inches by ten inches at all exits and within all parking areas, worded as follows: "Please respect our neighbors by exiting quietly and not loitering." h. Local Transportation Providers Posting. An 8.5" x 11" (or larger) sign local ocal transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce at (951) 676-5090. 4. Outside Lighting. The establishment shall provide lighting, as certified by a qualified lighting engineer, at a minimum level of one -foot candle of lightingthroughout hroughout private parking lots and access areas serving the business. The establishment shall provide sufficient lighting during the hours of darkness to ensure customers have a clear, lighted _ path from the establishment to their vehicles. Said lighting shall be directed, positioned, and shielded in such a manner as not to unreasonably illuminate the windows of nearby residences. All lighting affixed to the exterior of buildings less than 8 feet high shall be vandal resistant. 5. QueuingLine. ine. Queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated customers shall be denied entrv. The establishment shall be 18 responsible for monitoring the queuing lines at all times. The outdoor queuing line shall not block public walkways or obstruct the entry or exit of adjacent businesses. 6. Private Club Rooms or Areas. No on -sale establishment shall maintain a room or designated area reserved for the exclusive use of designated persons or "private club members," unless the establishment has been issued a Duplicate On -Sale General License for Designated Persons under Business and Professions Code Section 24042(12). "Designated persons" means an organization or group with a membership, purpose, and principal address that must be revealed to Department of Alcoholic Beverage Control (ABC) at the time of application for the duplicate license. The Business and Professions Code only permits the sale of alcoholic beveragesprivate club members" at premises licensed with a Club (Type 51), Veterans Club (Type 52), or Special On -Sale General (Type 57) ABC license. 7. Availability of Alcohol Service. ABC -licensed businesses open past 10:00 p.m. (Pacific Standard Time) shall adhere to the followin& a. An hour before closing: i. Limit the sale of alcohol products to items containing one alcohol serving (.60 ounces of pure ethanol) or less; and ii. Limit the patron to one alcoholic drink per order. b. Thirty(30 minutes) before closing, new alcohol service shall cease. i. Last call shall be made early enough to ensure service ceases prior to closing. 8. Discount Alcohol Pricing. No "happy hour" type of reduced pricing for alcoholic beverage shall be allowed after 8:00 p.m. 9. Logs. a. Cut -Off Loa. The establishment shall maintain a log of cut-off customers. as defined above. The establishment shall use the cut-off log during all hours of operation. The establishment shall provide the cut-off log to law enforcement and/or code enforcement, immediately upon request. b. Banned Customer Log. The establishment shall maintain a log of any banned customer, as defined above. The establishment shall provide the banned customer lo€ to law enforcement and/or code enforcement, immediately upon request. 10. Businesses selling alcoholic beverages that require a conditional use permit shall not be located within six hundred (600) feet of any religious or educational institution, day care center or public park. This distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance to the religious or educational institution, day care center or public park. This requirement shall not apply when the alcohol -selling business and the religious or educational institution are both located within commercial or industrial zones. This separation requirement shall also not apply to restaurants (bona fide eating establishments. C. Specific Alcohol Regulations based on Land Use The land uses below may have specific impacts related to alcohol based on their proposed land uses. all items below shall be annlicable to all land uses of the same or similar land use as determined by the Director of Community Development. IM 1. Establishments that provide entertainment subject to a class IV entertainment license per Chapter 9.10 (Entertainment License) shall be subject to the following conditions of approval upon issuance of such a license. a. Entertainment License. Each establishment shall be required to comply with the live entertainment license provisions contained within Chapter 9.10 (Entertainment License) in this Code. i. This is an annual permit required for the operation of any establishment that provides entertainment, per Chapter 9.10 (Entertainment License). ii. Violations of these provisions may result in the revocation of the Entertainment License per Section 9.10.160 (Revocation/Suspension for Violation). b. Noise. All entertainment provided shall be complaint with Chapter 9.20 (Noise). c. Security. All private security shall be compliant with Chapter 9.11 Regulation of Security Operators), in addition to the requirements of this Chapter. d. Security. i. Security Surveillance Svstem. The establishment shall: (a) Install and maintain a closed-circuit television (CCTV) system consisting of hijzh- definition video technology, of saving recorded video for at least 30 days and saving a copy to a disc or flash drive. (b) Post a notice that video recording is in progress. (c) Document the needed steps to retrieve recorded information. (d) Ensure on site personnel have a working knowledge on how to retrieve video and save it to a disc or flash drive. (e) Permit review of the recording by law enforcement immediately Mon request. (f) Save an unedited or modified copy of any requested video and provide it immediately to law enforcement upon request. (g) Require all staff -customer disagreements, as feasible, to occur in a well -lit location being videotaped. ii. Security Personnel. (a) All security guards shall operate in accordance with Chapter 9.11 (Regulation . of Private SecurityOperators). (b) Security Personnel Outside. As applicable, security personnel working outside shall wear a uniform in accordance with Temecula Municipal Code Section 9.11.090 and shall engage customers as needed to deter loitering, unlawful conduct of employees and patrons, to promote the safe and orderly assemblX and movement of persons and vehicles, and to prevent disturbances to surroundiniz uses and the neiLyhborhood by excessive noise created by patrons entering or leaving the premises. iii. Private Security. If private security is utilized, the establishment shall ensure the security company is licensed, bonded, and insured. Security personnel must be unarmed. iv. These items are in addition to all conditions of approval and all other requirements of this code or any other applicable state or federal law. 20 2. Restaurant (Bona Fide Eating Establishment). Establishments selling beer and wine (ABC license Type 41), or beer, wine, and spirits (ABC license Type 47 or 48) must operate and maintain their licensed premises as a bona fide eating establishment and are subject to the following requirements: a. The on -site sales and consumption of alcohol are an incidental and ancillary use to the restaurant use. b. Establishment is presumed to be operating as a bona fide eating establishment if the quarterly gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages for the same period. Establishment shall at all times maintain records which reflect separately the gross sales of food and the gross sale of alcoholic beverages on the licensed premises. The records shall be kept no less frequently than on a quarterly basis and shall be made available to the Cit.. designee, upon demand. c. A full menu shall be available for order during all hours that alcohol is served. The premises must offer sit-down service of meals. d. The premises where the establishment operates must possess a full restaurant kitchen facility containing conveniences for cooking such as a working refrigerator and cooking devices. e. The premises must comply with all regulations of the health department and Business and Professions Code Sections 23038 and 23787. f. Restaurants shall operate with the following conditions: i. Morphing. No establishment shall allow their establishment to engage in the practice of morphing as defined by this Chapter. ii. Availability of Meal Service. Meals shall be available up to a minimum of thirty (30) minutes before closing. ABC -licensed businesses Type 41, 47, and 49 shall operate as a bona fide eating place in compliance with California Business and Professions Code Sections 23038 and 23787. 3. Legal Nonconforming Liquor Stores. a. Existing liquor stores are, upon the effective date of the ordinance codified in this chapter, deemed legal nonconforming uses. 4. Convenience Markets and Beer/Wine Markets. a. Only beer and wine may be sold, and only for off -site consumption. This is the equivalent to an ABC Type 20 license type. Distilled spirits and pre -mixed spirit cocktails are prohibited from being sold, old, gifted or consumed on -site. b. No displays of beer or wine shall be located within ten linear feet from any building entrance or check-out counter. This prohibition shall not apply if the display is not physically accessible to customers. c. A security plan, including, but not limited to: product location, cameras and similar monitoring system, aisle configuration, point of sales location(s), exterior and parking lighting, measures to prevent and discourage loitering and other reasonable factors shall be submitted to the chief of police and be approved or conditionally approved prior to public display or sales of beer or wine. 21 d. The failure to comply with any of these conditions may result in the revocation of the conditional use permit pursuant to Section 17.04.010 of this title. 5. Gas Stations — Concurrent Sale of Motor Vehicle Fuel(s) and Alcoholic Beverages a. To comply with the provisions of the Business and Professions Code (Section 23790 et seq.), applications for automotive service stations proposing the concurrent sale of beer and wine from the same structure shall be required to comply with the same procedure for noticing and conducting the public hearing that is utilized for all other conditional use permits pursuant to the provisions of Section 17.04.010 of the Temecula Municipal Code. The decision and findings must be based on substantial evidence in view of the whole record to justify the ultimate decision and shall be based on written findings. The denial of an application for a CUP is subject to appeal to the city council in accordance with the provisions of Section 17.03.090 of the Temecula Municipal Code. b. In addition to any other operational standards deemed necessary and appropriate, the following supplemental standards shall be applied to the concurrent sale of beer and wine products at a facility that also offers motor vehicle fuel: i. No beer or wine shall be displayed within five feet of the cash register or building entrance. ii. No sale of alcoholic beverages shall be made from a drive -up window. iii. No display or sale of beer or wine shall be made from an ice tub or similar device or unit. iv. No beer or wine advertising shall be located on motor fuel islands. v. No beer or wine advertising shall be located on the building, windows, doors, or on freestanding signage. vi. No self -illuminated advertising for beer or wine shall be located on buildings or freestanding signage vii. Only employees on duty between the hours of ten p.m. and two a.m. who are at least twentyyears of age may sell alcoholic beverages. viii. Distilled spirits and pre -mixed spirit cocktails are prohibited. 6. Alcoholic Beverage Manufacturing a. Businesses manufacturing alcoholic beverages, which have a tasting room, but do not have a bona fide eating establishment (as defined by the California Department of Alcoholic Beverage Control)in conjunction with the manufacturing business, shall have the appropriate license from the California Department of Alcoholic Beverage Control and shall be operated according to all applicable state and local health and safety requirements and regulations. b. All businesses manufacturing alcoholic beverages shall comply with all land use regulations and site development standards of the zoning district in which they located. c. All businesses manufacturing alcoholic beverages shall obtain a business license with the city as set forth in Title 5 of the Temecula Municipal Code. d. Prior to an employee selling or serving alcohol, the alcohol licensee or employer shall ensure that the employee has received Licensee Education on Alcohol and Drugs 22 (L.E.A.D) training from the California Department of Alcoholic Beverage Control or similar training if available from the Temecula police department. e. An eight and one -half -inch by eleven -inch (or larger) sign listing local transportation service providers and correspondingphone numbers shall be posted at a conspicuous location within the building, f. The dispensing of alcohol may occur between the hours of 10:00 a.m. and 10:00 p.m., unless otherwise specified as part of a temporary use permit. g. On -site alcohol sales shall be limited to product manufactured on -site. h. There shall be no admission fee, cover charge, nor minimum purchase required. i. The retail area, including the tasting room, shall not exceed fifteen percent of the total floor area of the business. The retail area shall not include the area where alcoholic beverage manufacturing functions occur. j. In addition to the retail area (tasting room), oom), an outdoor patio area may be allowed, but may not exceed fifty percent of the total allowable retail area. k. The outdoor patio area must be secured, consistent with California Department of Alcoholic Beverage Control requirements. 1. Signs shall be posted inside the building near the exit door of the tasting room and exit door of the outdoor seating area stating: "No alcohol allowed past this point." m. All alcoholic beverage manufacturing equipment and storage activities shall be located within a completely enclosed building within the service commercial (SC) zoning district. n. An alcoholic beverage manufacturing facility shall meet the off-street parking requirements as set forth in Chapter 17.24 of the Temecula Municipal Code. For the purposes of calculating parking, the brewing areas shall be considered manufacturing, the cold and warm storage areas shall be considered warehousing, office space shall be considered office, and the tasting room and outdoor patio shall be considered retail. o. The display of alcoholic beverages shall not be located outside of a building or within five feet of any public entrance to the building. p. There shall be no live entertainment, DJs, or amplified sound on the alcoholic beverage manufacturer's licensed premises at any time without issuance of a conditional use permit or temporarypermit. q. The number of persons shall not exceed the maximum occupancy load as determined by the Certificate of Occupancy Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. r. The real property Lipon which an alcoholic beverage manufacturing use is operated shall be permanently maintained in an orderly fashion by the provision of regular landscape maintenance, removal of trash and debris, and removal of graffiti within forty-eight hours from the time of occurrence. s. Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings that contain an alcoholic beverage manufacturing use shall be illuminated and make clearly visible the presence of any person on or about the 23 alcoholic beverage manufacturer's licensed premises during the hours of darkness as set forth in Sections 17.08.070 and 17.24.050 of the Temecula Municipal Code. t. A security plan in a form satisfactory to the Temecula police department shall be submitted to and approved by the Temecula police department. The security_plan shall be formulated to deter loitering, unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the alcoholic beverage manufacturer's licensed premises. 7. Finding of Public Convenience or Necessity_ a. Whether or not the proposed use is consistent with the general and development code; b. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses; c. Whether or not the proposed use would have an adverse effect on adjacent land uses; d. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity_ 8. Class IV entertainment establishments (ABC Type 90). It is the intent and nuroose of this section to allow a limited number of entertainment establishments within a limited area of the City though an annual administrative entertainment and business license. a. Number of Entertainment Establishments. i. The maximum number of entertainment establishments is one. This establishment shall be permitted by right within the Downtown Core District of the Old Town Specific Plan, as shown in Exhibit IV-1: Old Town Re ug lating Plan, provided the requirements of Section 9.10.125 and this Section are met. No such establishments may operate elsewhere in the City_ b. A City of Temecula business license is required in accordance with Title 5 (Business Licenses and Regulations) i. This is an annual, non -transferable license required for the operation of an entertainment establishment, per Section 5.04.170 of this Code. c. A City of Temecula Live Entertainment License (Class IV)is required in accordance with Chapter 9.10 (Entertainment License). This license shall be applied for in conjunction with a business license specified above. d. Operational Requirements. i. Compliance with the requirements of Chapter 9.10 (Entertainment License is mandatory. Pursuant to Section 9.10.090(a)(4), entertainment shall cease at 1 0-59-59_ ii. Compliance with the standards specified in Chapter 17.09 (Alcohol) are mandatory, except as otherwise required by State law. Alcohol service shall cease at 11:59:59. iii. Noise levels shall not exceed the standards set forth in the noise element of the General Plan or the standards set forth in Section 9.20.040 of this code. 24 iv. The Director of Communitv Development shall be notified in writinLy within ten 00) business days of a business sale or transfer of such any business subject to this section. v. The City may apply additional requirements or limitations depending on the location, surrounding uses and other considerations. vi. Alcohol Sales Identification. All Persons twenty-one (21) years of age or older shall be provided a free wristband, such persons are required to wear said wristband for the duration of time on the premises. At a minimum the wristband shall: (a) Clearly state the time and date of the event; (b) Be tamper resistant; (c) Be highly visible or reflective; (d) be a differing color for each consecutive show, with a minimum of seven different colors; (e) Persons under twenty-one 21) years of age identified wearing a wristband in violation of this chapter shall be removed from the premises; and (f) This section does not eliminate or in any other way modify the requirements of an establishment to verify the age of patrons ordering alcohol. e. Permit Issuance, Denial, and Revocation. Permit issuance, denial and revocation shall be as specified in Chapter 9.10 (Entertainment License) f. Appeal. i. Appeal procedures shall be as specified in Chapter 9.10 (Entertainment License). Section 9. Subsection B (Alcoholic Beverage Sales) of Section 17.10 (Supplemental Development Standards) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) is hereby deleted, with the remaining of Section 17.10.020 being consecutively renumbered. Section 10. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Code Amendments would have a significant impact on the environment. The Code Amendments impose regulations on existing uses and reorganize alcohol standards within the code. The Community Development Director is hereby directed to file a Notice of Exemption in accordance with CEQA and the State CEQA Guidelines. Section 11. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. 25 Section 12. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 13. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , ATTEST: Randi Johl, City Clerk [SEAL] James Stewart, Mayor 26 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2024- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 9th day of July, 2024, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 27 PC RESOLUTION NO.2024-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 9 AND 17 OF THE TEMECULA MUNICIPAL CODE TO 1) IMPLEMENT AND DEFINE A CLASS IV ENTERTAINMENT LICENSE, 2) AMEND TABLE 17.08.030 (SCHEDULE OF PERMITTED USES COMMERCIAL/OFFICE/INDUSTRIAL DISTRICTS) TO INCLUDE CLASS IV ENTERTAINMENT ESTABLISHMENT AS A NON PERMITTED USE IN ALL ZONES BUT ALLOWED IN THE OLD TOWN SPECIFIC PLAN AND ADD NOTE REFERENCING CHAPTER 17.09 (ALCOHOL), 3) CREATE A NEW CHAPTER 17.09 (ALCOHOL) AND RELOCATE ALL ALCOHOL REQUIREMENTS FROM CHAPTER 17.10 (SUPPLEMENTAL DEVELOPMENT STANDARDS) TO CHAPTER 17.09 (ALCOHOL), 4) CREATE STANDARDS FOR ENTERTAINMENT ESTABLISHMENTS, AND 5) MAKING A FINDING OF EXEMPTION UNDER CEQA GUIDELINES SECTION 15061(B)(3)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. An increase in the frequency of alcohol related incidents within Temecula, particularly after midnight, prompted the City Council to direct staff to make revisions related to how alcohol uses are regulated which requires amendments conditions and requirements to portions of Title 9 (Public Peace, Morals and Welfare) and Title 17 (Zoning) of the Temecula Municipal Code. In addition, a new ABC Type 90 license became effective on January 1, 2024. The City Council directed staff to amend the Municipal Code to address this new license type. B. The Planning Commission, at a regular meeting, considered the proposed amendments to Title 9 (Public Peace, Morals and Welfare) and Title 17 (Zoning) of the Temecula Municipal Code on June 5, 2024, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. C. The proposed amendments to Titles 9 and 17 are consistent with the City of Temecula General Plan, and each element thereof. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance attached hereto as Exhibit "A". E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. In recommending adoption of the proposed Ordinance, the Planning Commission of the City of Temecula does hereby make the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: 1. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan. The proposed Ordinance implements a new ABC License Type (Type 90 Class IV entertainment establishment), creates a new Class IV Entertainment License and establishes regulations for the operation of establishments that serve alcohol to patrons on the premises which furthers the goals and policies contained in the City's General Plan. Inclusion of Class IV entertainment establishments (ABC Type 90 License) as a permitted use in the Old Town Specific Plan furthers Policy 7.1 of the Land Use Element which is to "Consider locating additional civic, public and cultural facilities in and around the Old Town area. Inclusion of consistent standards for establishments that sell alcohol furthers Goal 1 of the Land Use Element which specifies "A diverse and integrated mix of residential, commercial, industrial, recreational, public and open space land uses. 2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan. The proposed Ordinance implements consistent standards for establishments that sell alcohol, which furthers Goal 3 of the Public Safety Element which is to provide "A safe and secure community free from the threat of personal injury and loss of property." 3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein. The Ordinance has been designed to be consistent with Policy 3.1 of the Economic Development Element of the General Plan which states, "Encourage a pattern of development that balances revenue generating land uses in phase with other uses that have negative fiscal impacts." Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 2024- is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The City is establishing citywide regulations on alcohol uses which impact the operation of these businesses to make them safer for the general public. In addition, one class IV entertainment establishment will be permitted in the City but this establishment will only be permitted in an already existing business that holds a Type 42 ABC license. In addition, the ordinance establishes standards for the operation of class IV entertainment establishments to ensure that these businesses do not have adverse impacts on surrounding uses. As such, the change in operations to allow live entertainment in this type of venue is not anticipated to have a significant effect on the environment. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. Section 3. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR23-0429, a proposed Citywide Ordinance as set forth on Exhibit "A", attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of June 2024. r Bob Hagel, Chair ATTEST: Matt Peters Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Matt Peters, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2024-08 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of June, 2024, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Hagel, Ruiz, Solis, Turley-Trejo NOES: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Watts R'ft�k Matt Peters Secretary ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 9 AND 17 OF THE TEMECULA MUNICIPAL CODE TO 1) IMPLEMENT AND DEFINE A CLASS IV ENTERTAINMENT LICENSE, 2) AMEND TABLE 17.08.030 (SCHEDULE OF PERMITTED USES COMMERCIAL/OFFICEANDUSTRIAL DISTRICTS) TO INCLUDE CLASS IV ENTERTAINMENT ESTABLISHMENT AS A NON PERMITTED USE IN ALL ZONES BUT ALLOWED IN THE OLD TOWN SPECIFIC PLAN AND ADDING A NOTE REFERENCING CHAPTER 17.09 (ALCOHOL), 3) CREATE A NEW CHAPTER 17.09 (ALCOHOL) AND RELOCATE ALL ALCOHOL REQUIREMENTS FROM CHAPTER 17.10 (SUPPLEMENTAL DEVELOPMENT STANDARDS) TO CHAPTER 17.09 (ALCOHOL), 4) CREATE STANDARDS FOR ENTERTAINMENT ESTABLISHMENTS , AND 5) MAKING A FINDING OF EXEMPTION UNDER CEQA GUIDELINES SECTION 15061(B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. A new California Department of Alcoholic Beverage Control (ABC) License Type, Type 90 (Entertainment Venue) became effective on January 1, 2024 and inclusion of this new license type would bring increased visibility and patronage to Temecula. As such, the City Council directed staff to establish criteria for allowing these types of establishments in the City. B. An increase in the frequency of alcohol related incidents within Temecula, particularly after midnight, prompted the City Council to direct staff to make revisions related to how alcohol uses are regulated which requires amendments to portions of Title 9 (Public Peace, Morals and Welfare) and Title 17 (Zoning) of the Temecula Municipal Code. C. The code amendments are being made to ensure the Temecula Municipal Code provides a clear and concise process for applicants desiring to serve alcohol within the City and strong tools for compliance. Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. On June 5, 2024, the Temecula Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. -1- B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2024-08 recommending approval of the Ordinance by the City Council. C. On July 9, 2024, the City Council, at a regular meeting, considered the Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 3. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendments hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed Ordinance implements a new ABC License Type (Type 90 Class IV entertainment establishment), creates a new Class IV Entertainment License and establishes regulations for the operation of establishments that serve alcohol to patrons on the premises which furthers the goals and policies contained in the City's General Plan. Inclusion of Class IV entertainment establishments (ABC Type 90 License) as a permitted use in the Old Town Specific Plan furthers Policy 7.1 of the Land Use Element which is to "Consider locating additional civic, public and cultural facilities in and around the Old Town area. Inclusion of consistent standards for establishments that sell alcohol furthers Goal 1 of the Land Use Element which specifies "A diverse and integrated mix of residential, commercial, industrial, recreational, public and open space land uses." The Type 90 ABC Licenses are unique among ABC licenses and are new to the State. As a result, there is no significant record of impacts arising from Type 90 Licenses nor of measures to mitigate impacts arising from such uses. Therefore, in order to balance the Goal of locating additional civic, public and cultural facilities in and around the Old Town area with the Goal of providing a safe and secure community free from the threat of personal injury and loss of property, the Council is limiting the class IV entertainment establishment licenses to one so as to evaluate the effectiveness of the regulations before expanding the use. B. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The proposed Ordinance implements consistent standards for establishments that sell alcohol, which furthers Goal 3 of the Public Safety Element which is to provide "A safe and secure community free from the threat of personal injury and loss of property." C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; -2- The Ordinance has been designed to be consistent with Policy 3.1 of the Economic Development Element of the General Plan which states, "Encourage a pattern of development that balances revenue generating land uses in phase with other uses that have negative fiscal impacts." Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 2024- is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The City is establishing citywide regulations on alcohol uses which impact the operation of these businesses to make them safer for the general public. In addition, one class IV entertainment establishment will be permitted in the City but this establishment will only be permitted in an already existing business that holds a Type 42 ABC license. In addition, the ordinance establishes standards for the operation of class IV entertainment establishments to ensure that these businesses do not have adverse impacts on surrounding uses. As such, the change in operations to allow live entertainment in this type of venue is not anticipated to have a significant effect on the environment. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. Section 4. Section 9.10.020 (Definitions) of Chapter 9.10 (Entertainment License) of Title 9 (Public Peace, Morals and Welfare) of the Temecula Municipal Code is hereby amended to amend the definition of "Entertainment Establishment Types" and to add a definition for "Type 90 ABC License" as follows, with all other provisions of Section 9.10.020 remaining unchanged: "Entertainment establishment(s)" means any commercial business, that is open to the public and offers entertainment to patrons. Entertainment establishments are separated into four three different classes, as outlined below: Entertainment Establishment Types Class I entertainment establishment (a businesses without alcohol) means a business offering ancillary entertainment to patrons. A class I facility does not serve any alcoholic beverages and does not include any dancing. Class II entertainment establishment (a business serving beer, wine, and/or distilled spirits) means a business with an ABC license that offers beer, wine, and or distilled spirits in addition to offering ancillary entertainment to patrons. A class II facility does not include dancing. Subject to Chapter 17.09 Alcohol Class III entertainment establishment (nightclub, cocktail lounge, bar, and dance club/hall, pool hall) means a business with an ABC license that offers any combination of beer, wine, and/or distilled spirits in addition to offering entertainment to patrons. A class III facility also allows for dancing. Restaurants with dancing shall be classified as a class III facility. Subject to Chapter 17.09 Alcohol -3- Class IV entertainment establishment means a business with a Type 90 ABC License which allows for the sale of beer, wine, and distilled spirits at retail for consumption on the premises in a music entertainment facility, as defined in Business and Professions Code section 23550. Subject to Chapter 17.09 (Alcohol . "Type 90 ABC License" shall have the same definition as contained in Business and Profession Code section 23550 as may be amended from time to time. Section 5. Subsection A of Section 9.10.090 (Universal entertainment license standards and conditions) of Chapter 9.10 (Entertainment License) of Title 9 of the Temecula Municipal Code is hereby amended to read as follows, with additions shown in underlined text and deletions shown in strikethrough text, with all other provisions of Section 9.10.090 remaining unchanged: 9.10.090. Universal entertainment license standards and conditions. A. All class I, class Il, and class II1, and class IV entertainment establishments shall operate in accordance with the following standards or conditions: 1. Display of License. The entertainment license shall be displayed on the premises in a conspicuous place so that law enforcement and city staff entering may readily see the entertainment license. A copy of the floor plan approved with the entertainment license shall always be kept on the premises and made available at the request of any law enforcement officer, fire marshal, code officer, or deputy fire marshal, or if requested by the establishment after an opportunity for pre -compliance review. 2. Outdoor Entertainment. Outdoor entertainment is prohibited unless explicitly permitted by an active conditional use permit that explicitly allows outdoor entertainment, or by a temporary use permit, or special event permit. 3. Class III and IV Entertainment. Dancing is only permitted at establishments with a Qa% class III or class IV entertainment license. 4. Entertainment Hours of Operation. Entertainment operations shall cease, based on the times outlined below: a. The hours of entertainment for a class IV entertainment establishment are limited to 10:59:59 pm to allow for the sale of alcoholic beverages 1 hour after live performance ends. Entertainment License Type Class I 7:00 a.m. — 4.(W 9:5959 p.m. Dail Class II 7:00 a.m. — 44:00 9:59:59 p.m. Dail Class III Entertainment operating hours shall be between 7:00 a.m. — 11:59:59 p.m. or as otherwise set forth in a conditional use permit that explicitly allows dancing adopted prior to Febru4a 1, 2022. Class IV Entertainment operating hours shall be between 7:00 a.m. — 10:59:59 .m. -4- Section 6. Section 9.10.125 (Class IV Entertainment Establishment) is hereby added to Chapter 9.10 (Entertainment License) of Title 9 of the Temecula Municipal Code to read as follows: "9.10.125. Class IV Entertainment Establishment. A. Permit Required. 1. All class IV entertainment establishments shall obtain and hold a class IV entertainment license to lawfully operate as a class IV entertainment establishment. B. Application selection process. 1. Only one class IV entertainment establishment license shall be issued on a first come, first served basis based on the date the application was received for a use requiring a Type 90 ABC License. Applications must be received by the Community Development Department by no later than August 8 2024 at 4 p.m. must be accompanied by the appropriate fee, and must meet the following criteria: 1) the business must hold a Type 42 ABC License (public premises beer & wine no food), 2) the business must have no occupancy violations within the prior twelve (12) months from when the application was submitted, 3) the business shall not have any violations of their ABC license. Any business that does not meet this criteria will not be issued a license. C. A class IV entertainment establishment shall comply with the regulations set forth in Sections 9.10.090 and 9.10.120. A class IV entertainment establishment shall also comply with the following: 1. ABC Requirements. All class IV entertainment establishments shall operate strictly in accordance with the limits of their ABC License and any conditions imposed by ABC in addition to Business and Professions Code sections 23550 and 23552, as the same may be amended from time to time. 2. Location. Establishments seeking a Class IV license shall only be permissible within the Old Town Temecula Specific Plan Area, exclusively within the "Downtown Core" District as shown on Exhibit IV-1: Old Town Regulating Plan located in the Old Town Specific Plan (SP No. 5). 3. Operating Requirements. Standards, conditions and operating requirements for a class IV entertainment license are located in Chapter 17.09 (Alcohol). Section 7. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 of the Temecula Municipal Code is hereby amended to read as follows with additions shown in underlined text and deletion shown in strikethrough text, with all other provisions of the table remaining unchanged: -5- Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC I CC 1 HT ISC JPOJBP LI A Alcoholic beverage manufacturingll6 - - - C - P P Alcoholic beverage manufacturing with entertainment}11• 16 - - - C4.0-.4 C*�4 C4, ti Alcoholic beverage salesl6 See Chapter 17.09 (Alcohol) Automotive service stations selling beer and/or wine— with or without an automated car wash�16 C} C} C} C} C C} B Beer and wine market4-16 C C C C - - - Billiard parlor/pool hall',"-L 0,11 C Cam- - - Bowling alley' 16 - P P P - - - Butcher shopl6 P P P P - - - C Catering services16 P P P - P P Convenience market116 C C C C C - - D Delicatessen' P P P P P P P Discount/department storel6 - P - P - - - Drug store/pharmacyl6 — P P P P P - - E Entertainment Establishment (ABC Type 906,17 - - - tS Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI G General merchandise/retail store less than 10,000 sq. ft.16 C P P P - Grocery store, retail"' - P P P C Grocery store, wholesale'16 P - C P H Health food store16 P P P P C - Hotels/motels16 - C P - C C Liquor stores}'-6 - - - M Membership clubs, organizations, lodgesi6 C C C C C C C Movie theaters16 - C C - - - - R Restaurant, drive-in/fast food16 - C C C - - Restaurant (bona fide public eating establishment) without alcohol16 P P P P P P P Restaurant (bona fide public eating establishment) with beer & wine sales116 Pk P} P} P} 1,4 P} P} Restaurant (bona fide public eating establishment) with beer, wine & distilled spirits}16 C} Ck C} C} C} C} C} Restaurant (bona fide public eating establishment) with entertainment (not including dancing)"' 6 - P P P - P 44 P1 Restaurant (bona fide public eating establishment) with entertainment and/or dancing"' 16 P" P P1- Retail support use to a noncommercial business (limited to the sale of products manufactured or assembled on site - - - - - P P -7- Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI and occupying less than 15% of the floor area of the business} S Specialty market-- C P P P IC I- T Tobacco shop13 W Wine tasting shop, with or without product sale for off- C P P P - - - site consumption (Department of Alcoholic Beverage Control Type 02 onlyp Wine tasting shop, with or without product sale for off- C C C C - - - site consumption (Department of Alcoholic Beverage Control License Types other than Type 02P Notes: 1. Subject to the supplemental development standards contained in Chapter 17.10 of this code. 2. Subject to the provisions of Chapter 17.40 of the Temecula Municipal Code. 3. See Chapter 5.22 of the Temecula Municipal Code. 4. Senior housing residential projects in the CC, SC, HT and PO zones shall use the residential performance and development standards for the high density residential zone. Senior housing residential projects in the NC zone shall use the residential performance and development standards for the medium density residential zone and the applicable supplemental development standards in Chapter 17.10. Congregate care facilities shall use the residential performance standards. 5. New office buildings in the BP and Ll zones are subject to performance standards contained in Section 17.08.070(E). 6. Supplemental Design Review. Office buildings that are less than 50,000 square feet may be approved, conditionally approved, or denied by the city council. 7. Marijuana cultivation (as defined in Chapter 8.52) for medical, nonmedical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay -8- Notes: zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. 8. Residential, multiple -family housing shall be allowed in the PO zone only if the affordable housing overlay (AHO) applies to the property and the proposed development complies with all requirements of Chapter 17.21. 9. Subject to the supplemental development standards contained in Chapter 6.04 of this code. 10. These uses are prohibited within any multifamily residential use within these zones. 11. Subject to Chapter 9.10 (Entertainment License) and Chapter 9.11 (Regulation of Private Security Operators). 12. Any housing development project that, pursuant to state law, requires ministerial approval or where the housing development project is subject to discretionary review, but a specific plan or a planned development overlay zoning district (PDO) does not otherwise set forth objective design standards applicable to the project shall comply with the Temecula Objective Design Standards for Multifamily and Mixed -Use Developments. 13. Subject to the requirements contained in Section 5.24.120 of this code. 13. A low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code Section 65662. 14. Supportive housing shall comply with Section 17.06.110. 15. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. To determine whether the type of transitional housing proposed is a permitted or conditionally permitted use, see the different residential types in the chart above. 16. Subject to the requirements of Chapter 17.09 (Alcohol). 1I Only permitted in the "Downtown Core" District of the Old Town Specific Plan. Section. 8. A new Chapter 17.09 (Alcohol) is hereby added to Title 17 (Zoning) to read as follows: "Chapter 17.09 Alcohol 17.09.010 Purpose. The purpose of this chapter is to establish the standards, conditions and requirements for establishments that serve, sell or otherwise provide alcoholic beverages. It is the intent of this W chapter to provide predicable and consistent standards and operational requirements for such establishments to ensure compliance and preserve the high quality of life enjoyed by Temecula residents and businesses. 17.09.020 Applicability The requirements of this chapter shall be applicable to all establishments that serve, sell, or otherwise provide alcohol. This chapter is applicable to all establishments that serve alcohol, regardless of the type of ABC License held by the establishment and include establishments subject to a Specific Plan, or Planned Development Overlay Zoning Districts. The only exception to these requirements would be any establishment that has previously obtained and maintains in good order a Conditional Use Permit (CUP) that contains any alcohol related conditions that conflict with this Chapter. This exception shall be narrow in scope and when a CUP does not address or minimally addresses a topic covered by this Chapter, this Chanter shall prevail. 17.09.030 Definitions. The definitions below shall have the following meanings, unless there is conflict with a superseding Federal or State law, in which case the superseding definition shall be used. A. "ABC" is used as an acronym for the "California Department of Alcoholic Beverage Control," and shall be considered one and the same when used throughout this code and may be used interchangeably. B. "Alcoholic beverage," as defined in Section 23004 of the Business and Professions Code, includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits wine or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. "Alcoholic beverage" does not include "powdered alcohol," as defined in Section 23003.1 of the Business and Professions Code. C. "Alcohol manager," as defined in California Business and Professions Code Section 25680 and Department of Alcoholic Beverage Control policy, means anyone who trains, directly hires, or oversees alcohol servers at an ABC licensed premises, or who trains alcohol servers how to perform the service of alcohol for consumption for an ABC on -premises licensee. This definition specifically excludes an employee or contractor of another separate ABC licensee who is training alcohol servers for marketing or distribution purposes. D. "Alcohol server," as defined in California Business and Professions Code Section 25680 and Department of Alcoholic Beverage Control policy, means anyone who does an of f the following: 1. Checks customer identification forpurposes of alcoholic beverage service; 2. Checks customer identification for purposes of entry to an ABC on -premises licensed establishment; 3. Takes customer alcoholic beverage orders; 4. Pours alcoholic beverages for customers; or 5. Delivers alcoholic beverages to customers. -10- E. "Alcohol serving" means one alcohol serving containing 0.60 ounces of pure alcohol (ethanol). For example: 1.50 ounces of 80-proof distilled spirits (40% ABV - alcohol by volume 1.50 times 0.40 = .60 ounces of pure alcohol 12 ounces of a standard beer (5% ABV - alcohol by volume) 12 times 0.05 = 0.60 ounces of pure alcohol 5 ounces of most wines (12% ABV - alcohol by volume) 5 times 0.12 = 0.60 ounces of pure alcohol F. "Banned customer log" means a written record of customers not permitted to enter the business due to the customer's bad behavior (for example, repeated incidents of being obviously intoxicated, assault and/or battery on staff or customers, and theft). The record shall include the incident date, a brief description of the reason for being banned, a description of the customer, length of ban (e.g., 30 days, 60 days, permanent), and the customer's name, if known. G. "Cocktail recipe list" means a documented compilation of cocktail recipes that includes the quantity of each ingredient and the number of alcohol servings, as defined above, in each cocktail, which determines each cocktail's potency. It includes, at a minimum, the recipes for the following: 1. Popular cocktails; 2. All house specialty cocktails; and 3. Cocktails identified on menu(s). H. "Cut-off log" means a record of customers who were cut-off from further alcohol service, and patrons not permitted in the business due to existing intoxication level. The record shall include the date of incident, a brief description for cut-off, a description of the customer, and the customer's name, if known. I. "Drink potency" means the total number of alcohol servings in a drink. This is calculated by summing the total number of ounces of pure alcohol in a drink, dividing by 0.60, and rounding the answer to the closest 1 Oth. For example, an Adios recipe: 0.50 ounces of teuuila that is 40% ABV (0.5 times 0.4 = 0.20) 0.50 ounces of vodka that is 40% ABV (0.5 times 0.4 = 0.20) 0.50 ounces of gin that is 40% ABV (0.5 times 0.4 = 0.20) 0.50 ounces of rum that is 40% ABV (0.5 times 0.4 = 0.20) 0.50 ounces of triple sec that is 15% ABV (0.5 times .15 = .075) 0.20 pure alcohol 0.20 pure alcohol 0.20 pure alcohol 0.20 pure alcohol 0.075 pure alcohol -11- The sum of pure alcohol = 0.875 Drink Potency: 1.5 alcohol servings (0.875 divided by 0.60 = 1.46, rounded to closest 1 Oth — 1.5) "Entertainment" means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited (by advertisement or word of mouth) or allowed to watch, listen or participate in or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing patrons, including, but not limited to: 1. Dancing by patron(s) or staff to live or recorded music. 2. The presentation of music played on sound equipment operated by an agent nt or contractor of the establishment. This mLay or may not include a "disc jockey" or "DJ." 3. The presentation of live music whether amplified or non -amplified. 4. The presentation of music videos, music concerts or other similar forms of musical entertainment from any source. Any amusement or event such as live music or other live performance which is knowingly permitted by any entertainment establishment, including presentations by single or multiple performers, such as hypnotists, pantomimes, magicians, comedians, karaoke, song or dance acts, plays, concerts, any type of contest, events with live animals/reptiles, sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any other such activity which may be attended by members of the public. K. "Headcount log" is a mechanically kept headcount tally using, for example, a hand-held clicker or headcounter app. The headcount tally is maintained during busy hours of operation, e.g., 9:00 p.m. until closing. The headcount tally includes the working staff and is noted on a written log. L. "Inebriation" means the excessive consumption of alcoholic beverages resulting in a person becoming, intoxicated. M. "Inebriated person" means aperson who has consumed an excessive amount of alcoholic beverages resulting,in the person becoming intoxicated. N. "Licensee" means the person who is licensed by the Department of Alcoholic Beverage Control (ABC) to sell alcoholic beverages. O. "Manager" means a person, regardless of the iob title or description, who has discretionary powers to organize, direct, carry on, or control the operations of an entertainment establishment, including a restaurant or bar. Authorityto o engage in one or more of the following functions is prima facie evidence that a person is a manager of the entertainment establishment: 1. Hire or terminate employees; -12- 2. Contract for the purchase of furniture, equipment, or supplies, except for the occasional replenishment of stock; 3. Disburse funds of the business, except for the receipt of regularly replaced items of stock; 4. Make or participate in making policy decisions regarding operations of the establishment; 5. Holds keyspen and/or close the establishment. P. "Manager on duty" means the staff member who is responsible for the business during the shift. The responsible person must meet the criteria of "manager" as defined in this chapter. In addition, the person must be: 1. An employee, 2. Certified in accordance with the responsible beverage service (RBS) training requirements in California Business and Professions Code Section 25683; and 3. Aware of all requirements in the Conditional Use Permit (CUP), Business License, ABC License, and all other permits or licenses required for the establishment to operate. Q. "Meals," as defined in California Business and Professions Code Section 23038 and clarified by an ABC Advisory, means the usual assortment of foods commonly ordered at various hours of the day; what a reasonable person might consider being a meal consumed at breakfast, lunch, or dinner; food served in a reasonable and sufficient quantity that it would constitute a main course, including sandwiches and salads that are substantial. A meal is not pre -packaged sandwiches and salads, snacks such as pretzels, nuts, popcorn, pickles, chips, food ordinarily served as appetizers or first courses, side dishes, reheated or refrigerated or frozen entrees or dcsserts. R. "Morphing" means a change in the business operations of a permitted restaurant to a nightclub, without appropriate permits. Morphing often involves a business adding non - permitted entertainment or dancing or extending hours of operation beyond the hours approved b the he city. S. "Noise" means any loud, discordant, raucous or disagreeable sound. T. "Noise level" means the "A" weighted sound pressure level in decibels obtained using a sound meter. The unit of measurement shall be designated in dBA. U. "On -Sale" and "On Site Sale of Alcoholic Beverages" shall mean any establishment that serves any alcoholic beverage for consumption on the premises, these terms may be used interchangeablythroughout hroughout this chapter. V. "Type 90 ABC License" shall have the same definition as contained in Business and Professions Code section 23550 as may be amended from time to time. -13- W. "Speakeasy" shall mean a private establishment that provides meal service with alcoholic beverage sales for onsite consumption on a reservation basis only and is not considered a private or VIP room. 17.09.040 Permit(s) Required. A. California Department of Alcoholic Beverage Control 1. All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the state of California Department of Alcoholic Beverage Control. All businesses or establishments shall provide the ABC license, conditions of the license, and the ABC approved site plan upon request of law enforcement or the city or, upon the request of the applicant after pre -compliance review. 2. There is no exception to this requirement and businesses that operate in violation of this provision shall be subject to administrative and/or punitive action provided for in this Code. B. Alcohol Sales Permitted by Right 1. Grocery stores, drug stores, specialty markets, and discount/deoartment stores ("nrim uses") may offer the incidental sale of alcoholic beverages as a permitted use, unless the initial establishment, or amendment thereof, of the primary use requires a city of Temecula conditional use permit pursuant to another provision of this Title. 2. Restaurants are permitted to serve beer and wine (Typically a Type 41 ABC license) as a matter of right. a. Restaurants shall comply with the following_ i. Restaurants that are open to the public for business and engaged in the ancillary sale of alcoholic beverages shall provide restaurant services to the public during all hours that the establishment is open. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic beverages, desserts, salads, and other attendant dishes. ii. Restaurants that wish to offer or provide any form of entertainment must obtain an entertainment license in accordance with Chapter 9.10. C. Land Use Requirements. 1. A Conditional Use Permit (CUP) shall be required for all other ABC License Types except of a Type 41 and Type 90 ABC license. 2. See Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts for zoning information. 3. See Table 17.080.040A and/or 17.08.04013 for Development Standards applicable to each zoning district. 4. Areas subject to Specific Plans or similar zoning documents shall comply with those land use requirements. The operational requirements and conditions of this Chapter are in addition to any such requirements of another zoning document. D. Hours. -14- 1. Alcohol sales shall cease each day at 11:59:59 p.m., except for class IV entertainment establishments where alcohol sales must cease at 10:59:59 p.m. a. Establishments that have a valid conditional use permit which allows alcoholic beverage sales beyond this time are exempt from this requirement. Expansion of such uses or similar is prohibited. b. No conditional use permit shall be issued with alcohol sales beyond this time. c. Conditional use permits that allow sales past 11:59:59 p.m. shall be required to amend their operational hours to the requirements of this section if they seek to modify their conditional use permit. d. Establishments shall close at 11:59:59 p.m. Employees may continue elggu operations past this hour as required but no customers shall enter or remain on the premises past 11:59:59 p.m. e. Class IV entertainment establishments shall have last call at 10:29:59 p.m. 17.09.050 Training Required A. All persons who serve alcohol within the City of Temecula shall comply with the following_ 1. Responsible Beverage Service Training. Every alcohol manager and every alcohol server shall obtain and maintain a current responsible beverage service training course certification as required by Business and Professions Code Section 25683. 2. Verification of Responsiblc Beverage Service (RBS) Training. In accordance with Business and Professions Code Section 25682(b)(1), the applicant shall ensure that each alcohol server and alcohol manager it employs has a valid training certification. The licensee shall maintain records of ecrtifications for inspection, upon request, by the Department of Alcoholic Beverage Control, 3. Bartender Training and Cocktail Recipe List. a. Bartenders shall be trained to properly build cocktails. At a minimum, bartenders shall be trained to build the cocktails on the Cocktail Recipe List. b. The establishment shall retain a copy of all cocktail recipes on the premises at all times and shall produce them immediately upon the request of any law enforcement or code enforcement officer. c. The establishment shall retain a record of each bartender's Cocktail Recipe List training for a minimum of three years and said list shall be made available for review by any law enforcement or code enforcement officer upon request. Testing shall determine competency in bartender's ability to identify ingredients, price, and number of alcohol servings. d. Openingstaff taff are required to be trained before final approval to open. New staff hired thereafter must be trained within 30 days of employment date (defined as when the employee signs a contract or completes tax identification documents). 4. Any additional training requirements of the California Department of Alcoholic Beverage Control ABC). 17.09.060 Alcoholic Beverage Sales Operational Standards. A. Standards and Operational Requirements Generally -15- 1. All establishments that sell alcohol, regardless of ABC Permit Type, shall comply with the following requirements and operational standards: a. Statement of Operations. The establishment shall comply with their Statement of Operations, on file with the Planning Division, unless a conflict exists between the Statement of Operations. b. Previous Conditions of Approval. If an establishment has a valid Conditional Use Permit, all previous Conditions of Approval shall remain in full effect. c. Disorderly House. Establishments may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc.; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot. d. Entertainment. Entertainment is prohibited unless the establishment is issued and maintains an Entertainment License per Chapter 9.10 (Entertainment License) of this Code. The Entertainment License shall remain active and the establishment shall maintain full compliance with its Entertainment License conditions, and any other conditions required by any government agency whose permits or licenses are required for operation. e. Occupancy Load. The establishment shall not allow the number of occupants inside the premises building to exceed the establishment's maximum occupant load as determined by the Certificate of Occupancy. f. Inspections, Cooperation with Law Enforcement. Police officers, sheriffs deputies and Alcoholic Beverage Control agents are sworn law enforcement officers with the power of arrest. Whether in plain clothes or uniformed, these officers have a legal right under Business and Professions Code Section 25755 to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, storerooms, offices, closed or locked cabinets and safes, kitchen, or any area within the licensed premises. Licensees shall not deny entry to, resist, delay, or obstruct or assault any law enforcement officer. g. ID Guide Manual. To aid in examining identification cards, the establishment shall obtain and use an up -to- date multi -state identification manual. h. Staff Alcohol Consumption. No staff member shall work while under influence of alcohol or drugs in violation of Penal Code Section 647(f) or while obviously intoxicated. i. Right to Cancel Event. The Temecula Police Department shall have the right to stop, cancel or temporarily delay all or portions of any activities occurringat t any event when police or public safes becomes a significant concern. This shall include all events even those that obtained a Temporary Use Permit (TUP) per Section 17.04.020 of this Code. j. Responsibility for Costs Incurred. The establishment shall be responsible for any cost incurred by the Temecula Police Department if additional officers are required -16- because of traffic problems or congestions, public disturbance or where the need for police presence is required. k. Maintenance of Real Property. The establishment shall permanently maintain the premises' real property in an'orderly fashion by the provision of regular maintenance, the removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. 1. Graffiti. Graffiti on telecommunication towers, equipment, walls, or other structures shall be removed within 72 hours from the time of its occurrence. m. Sig_nage Permits. A separate building permit shall be required for all signage. Signs shall comply with Chapter 17.28 (Sign Standards) of this code for the appropriate zoning district. n. Advertising. The establishment shall have no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within or promoting or indicating the availability of alcoholic beverages. Interior displays of beer and wine beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. o. Inspections. ABC agents and Riverside Sherriff's Office (RSO) shall be granted access to inspect the premises to include all office, storage, and any other areas not open to patrons. p. Ancillary use. For establishments with on -sale alcohol beverage sales that are not bona fide eating establishments, the "bar area" may ONLY be an ancillary use subject to the approval of a conditional use permit. B. Standards for establishments that offer the sale alcohol for on -site consumption, reeardless of ABC license type. 1. Police, Security Management Staff Meeting. Before opening, it is the responsibility of the establishment to contact the Police to arrange and hold a 90-minute meeting attended by all floor management levels, including bar, server, and security department leads. 2. Food and Beverage Sales Documentation. The city shall have the right during business hours upon 15 days' notice to inspect the books and records of the establishment to determine the gross sales of food and or the gross sales of alcoholic beverages. Establishment gives the right to the city to review the records of the State Board of equalization for the purpose of verifying the establishment's books and records with the understanding that these reviews are confidential. 3. Postings Required. The following physical postings must be located in a conspicuous place, as follows: a. Manager on Duty Posting. During business hours, the establishment shall post the name of the staff member who is responsible for the business during that shift. The Posting must be legible and visible to the public when entering the business. The responsible person must be: i. An employ ii. Certified in accordance with the responsible beverage service training requirements in California Business and Professions Code Section 25683. -17- iii. Aware of all requirements in the conditional use permit, certificate of occupancy entertainment license (as applicable), and ABC license. b. ABC License. The establishment shall display an approved ABC license, the associated conditions, and the approved site plan and provide a copy immediately upon request to city staff or law enforcement. c. Occupancy Posting. The establishment's maximum occupant load number shall be posted over the main exit. Additionally, occupancy signs shall be posted in spaces and rooms that have been deemed to have a maximum occupancy load. d. Conditions of Approval Posting. The establishment shall post any approved City of Temecula Conditions of Approval in a place readily visible and available for reading by the business' staff members. e. Overservice Posting at Main Entrance and Main Bar. The establishment of each licensed business shall maintain a clearlLle legible permanent sign, not less than 7" x I l" in size reading, "It is illegal to sell or serve alcohol to a person who is obviously intoxicated" at the main entrance and main bar, where it can be readily visible to employees and customers. The lettering of such sign shall be no less than one inch in height. f. Overservice Posting on Menu. The establishment of each on -sale licensed business that has one or more menus available for the public shall include and maintain a clearly legible statement on at least one of the menus reading, "It is illegal to sell or serve alcohol to a person who is obviously intoxicated." g. Exterior Sign Posting. When residential areas exist adjacent to the licensed premises, the establishment shall, at all times, display a sign of at least ten inches by ten inches at all exits and within all parking areas, worded as follows: "Please reject our neighbors by exiting quietly and not loitering..' h. Local Transportation Providers Posting. An 8.5" x I I" (or larger) si ng listing, local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce at (951)676-5090. 4. Outside Lighting. The establishment shall provide lighting, as certified by a qualified lighting engineer, at a minimum level of one -foot candle of lighting throughout private parking lots and access areas serving the business. The establishment shall provide sufficient lighting the hours of darkness to ensure customers have a clear, lighted path from the establishment to their vehicles. Said lighting shall be directed, positioned, and shielded in such a manner as not to unreasonably illuminate the windows of nearby residences. All lighting affixed to the exterior of buildings less than 8 feet high shall be vandal resistant. 5. Queuing Line. Queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated customers shall be denied entry. The establishment shall be responsible for monitoring the queuing lines at all times. The outdoor queuing line shall not block public walkways or obstruct the entry or exit of adjacent businesses. -18- 6. Private Club Rooms or Areas. No on -sale establishment shall maintain a room or designated area reserved for the exclusive use of designated persons or "private club members," unless the establishment has been issued a Duplicate On -Sale General License for Designated Persons under Business and Professions Code Section 24042(b). "Designated persons" means an organization or group with a membership, purpose, and principal address that must be revealed to Department of Alcoholic Beverage Control (ABC) at the time of application for the duplicate license. The Business and Professions Code only permits the sale of alcoholic beverages to "private club members" at premises licensed with a Club (Type 51), Veterans Club (Type 52), or Special On -Sale General (Type 57) ABC license. 7. Availability of Alcohol Service. ABC -licensed businesses open past 10:00 p.m. (Pacific Standard Time) shall adhere to the following: a. An hour before closing: i. Limit the sale of alcohol products to items containing one alcohol serving (.60 ounces of pure ethanol) or less, and ii. Limit the patron to one alcoholic drink per order. b. Thirty (30 minutes) before closing, new alcohol service shall cease. i. Last call shall be made early enough to ensure service ceases prior to closing, 8. Discount Alcohol Pricing. No "happy hour" type of reduced pricing for alcoholic beverage shall be allowed after 8:00 p.m. 9. Logs. a. Cut -Off Log. The establishment shall maintain a log of cut-off customers. as defined above. The establishment shall use the cut-off log during all hours of operation. The establishment shall provide the cut-off log to law enforcement and/or code enforcement, immediately upon request. b. Banned Customer Log. The establishment shall maintain a log of any banned customer, as defined above. The establishment shall provide the banned customer log to law enforcement and/or code enforcement, immediately upon request. 10. Businesses selling alcoholic beverages that require a conditional use permit shall not be located within six hundred (600) feet of any religious or educational institution, day care center or public park. This distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance to the religious or educational institution, day care center or public park. This requirement shall not apply when the alcohol -selling business and the religious or educational institution are both located within commercial or industrial zones. This separation requirement shall also not apply to restaurants (bona fide eating establishments). C. Specific Alcohol Regulations based on Land Use The land uses below may have specific impacts related to alcohol based on their proposed land uses, all items below shall be applicable to all land uses of the same or similar land use as determined by the Director of Community Development. 1. Establishments that provide entertainment subject to a class IV entertainment license per Chapter 9.10 Entertainment License) shall be subject to the following conditions of approval upon issuance of such a license. -19- a. Entertainment License. Each establishment shall be required to comply with the live entertainment license provisions contained within Chapter 9.10 (Entertainment License) in this Code. i. This is an annual permit required for the operation of any establishment that provides entertainment, per Chapter 9.10 (Entertainment License ii. Violations of these provisions may result in the revocation of the Entertainment License per Section 9.10.160 (Revocation/Suspension for Violation). b. Noise. All entertainment provided shall be complaint with Chapter 9.20 (Noise). c. Security. All private security shall be compliant with Chapter 9.11 Regulation of Security Operators), in addition to the requirements of this Chapter. d. Securijy. i. Security Surveillance System. The establishment shall: (a) Install and maintain a closed-circuit television (CCTV) system consisting of high- definition video technology, capable of saving recorded video for at least 30 days and saving a copy to a disc or flash drive. (b) Post a notice that video recording is in progress. (c) Document the needed steps to retrieve recorded information. (d) Ensure on site personnel have a working knowledge on how to retrieve video and save it to a disc or flash drive. (e) Permit review of the recording by law enforcement immediately upon request. (f) Save an unedited or modified copy of any requested video and provide it immediately to law enforcement upon request. (g) Require all staff -customer disagreements, as feasible, to occur in a well -lit location being videotaped. ii. Security Personnel. (a) All security guards shall operate in accordance with Chapter 9.11 (Regulation ation of Private Security Operators). (b) Security Personnel Outside. As applicable, security personnel workingoutside utside shall wear a uniform in accordance with Temecula Municipal Code Section 9.11.090 and shall engage customers as needed to deter loitering, unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the premises. iii. Private Security. If private security is utilized, the establishment shall ensure the security company is licensed, bonded, and insured. Security personnel must be unarmed. iv. These items are in addition to all conditions of approval and all other requirements of this code or any other applicable state or federal law. 2. Restaurant (Bona Fide Eating Establishment). Establishments selling beer and wine (ABC license Type 41), or beer, wine, and spirits (ABC license Type 47 or 48) must operate and maintain their licensed premises as a bona fide eating establishment and are subject to the following requirements: -20- a. The on -site sales and consumption of alcohol are an incidental and ancillary use to the restaurant use. b. Establishment is presumed to be operating as a bona fide eating establishment if the quarterly gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages for the same period. Establishment shall at all times maintain records which reflect separately the gross sales of food and the gross sale of alcoholic beverages on the licensed premises. The records shall be kept no less frequently than on a quarterly basis and shall be made available to the City, or its designee, upon demand. c. A full menu shall be available for order during all hours that alcohol is served. The premises must offer sit-down service of meals. d. The premises where the establishment operates must possess a full restaurant kitchen facility containing conveniences for cooking such as a working refrigerator and cooking devices. e. The premises must comply with all regulations of the health department and Business and Professions Code Sections 23038 and 23787. f. Restaurants shall operate with the following conditions: i. Morphing. No establishment shall allow their establishment to engage in the practice of morphing as defined by this Chapter. ii. Availability of Meal Service. Meals shall be available up to a minimum of thirty (30) minutes before closing. ABC -licensed businesses Type 41, 47, and 49 shall operate as a bona fide eating place in compliance with California Business and Professions Code Sections 23038 and 23787. 3. Legal Nonconforming Liquor Stores. a. Existing liquor stores are, upon the effective date of the ordinance codified in this chapter, deemed legal nonconforming_ uses. 4. Convenience Markets and Beer/Wine Markets. a. Only beer and wine may be sold, and only for off -site consumption. This, is the equivalent to an ABC Type 20 license type. Distilled spirits and pre -mixed spirit cocktails are prohibited from beingsold, old, gifted or consumed on -site. b. No displays of beer or wine shall be located within ten linear feet from any building entrance or check-out counter. This prohibition shall not apply if the displa is not physically accessible to customers. c. A security plan, including, but not limited to: product location, cameras and similar monitoring system, aisle configuration, point of sales location(s), exterior and parking lighting, measures to prevent and discourage loitering and other reasonable factors shall be submitted to the chief of police and be approved or conditionally approved prior to public display or sales of beer or wine. d. The failure to comply with any of these conditions may result in the revocation of the conditional use permit pursuant to Section 17.04.010 of this title. 5. Gas Stations — Concurrent Sale of Motor Vehicle Fuel(s) and Alcoholic Beverages a. To comply with the provisions of the Business and Professions Code (Section 23790 et seq.), applications for automotive service stations proposing the concurrent sale of -21- beer and wine from the same structure shall be required to comply with the same procedure for noticing and conducting the public hearing that is utilized for all other conditional use permits pursuant to the provisions of Section 17.04.010 of the Temecula Municipal Code. The decision and findings must be based on substantial evidence in view of the whole record to justify the ultimate decision and shall be based on written findings. The denial of an application for a CUP is subject to appeal to the city council in accordance with the provisions of Section 17.03.090 of the Temecula Municipal Code. b. In addition to any other operational standards deemed necessary and appropriate, the following supplemental standards shall be applied to the concurrent sale of beer and wine products at a facility that also offers motor vehicle fuel: i. No beer or wine shall be displayed within five feet of the cash register or building entrance. ii. No sale of alcoholic beverages shall be made from a drive -up window. iii. No display or sale of beer or wine shall be made from an ice tub or similar device or unit. iv. No beer or wine advertising shall be located on motor fuel islands. v. No beer or wine advertising shall be located on the building, windows, doors, or on freestanding signage. vi. No self -illuminated advertising for beer or wine shall be located on buildings or freestanding signage. vii. Only employees on duty between the hours of ten p.m. and two a.m. who are at least twenty-one years of age may sell alcoholic beverages. viii. Distilled spirits and pre -mixed spirit cocktails are prohibited. 6. Alcoholic Beverage Manufacturing a. Businesses manufacturing alcoholic beverages, which have a tasting room, but do not have a bona fide eating establishment (as defined by the California Department of Alcoholic Beverage Control) in conjunction with the manufacturing business, shall have the appropriate license from the California Department of Alcoholic Beverage Control and shall be operated accordingto to all applicable state and local health and safety requirements and regulations. b. All businesses manufacturing alcoholic beverages shall comply with all land use regulations and site development standards of the zoning district in which they are located. c. All businesses manufacturing alcoholic beverages shall obtain a business license with the city as set forth in Title 5 of the Temecula Municipal Code. d. Prior to an employee selling or serving alcohol, the alcohol licensee or employer shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D) training from the California Department of Alcoholic Beverage Control or similar training if available from the Temecula police department. e. An eight and one -half -inch by eleven -inch (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. -22- f. The dispensing of alcohol may occur between the hours of 10:00 a.m. and 10:00 p.m., unless otherwise specified as part of a temporary use permit. g. On -site alcohol sales shall be limited to product manufactured on -site. h. There shall be no admission fee, cover charge, nor minimum purchase required. i. The retail area, including the tasting room, shall not exceed fifteen percent of the total floor area of the business. The retail area shall not include the area where typical alcoholic beverage manufacturing functions occur. j. In addition to the retail area (tasting room), an outdoor patio area may be allowed, but may not exceed fifty percent of the total allowable retail area. k. The outdoor patio area must be secured, consistent with California Department of Alcoholic Beverage Control requirements. 1. Signs shall be posted inside the building near the exit door of the lasting, room and exit door of the outdoor seating area stating_ "No alcohol allowed past this point." m. All alcoholic beverage manufacturing equipment and storage activities shall be located within a completely enclosed building within the service commercial (SC) zoning district. n. An alcoholic beverage manufacturing facility shall meet the off-street parking requirements as set forth in Chapter 17.24 of the Temecula Municipal Code. For the purposes of calculating parking, the brewing areas shall be considered manufacturing, the cold and warm storage areas shall be considered warehousing, office space shall be considered office, and the tasting room and outdoor patio shall be considered retail. o. The display of alcoholic beverages shall not be located outside of a building or within five feet of any public entrance to the building_ p. There shall be no live entertainment, DJs, or amplified sound on the alcoholic beverage manufacturer's licensed premises at any time without issuance of a conditional use permit or temporary use permit. q. The number of persons shall not exceed the maximum occupancy load as determined by the Certificate of Occupancy Signs indicating, the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. r. The real property upon which an alcoholic beverage manufacturing use is operated shall be permanently maintained in an orderly fashion by the provision of regular landscape maintenance, removal of trash and debris, and removal of graffiti within forty-eight hours from the time of occurrence. s. Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings that contain an alcoholic beverage manufacturing use shall be illuminated and make clearly visible the presence of any person on or about the alcoholic beverage manufacturer's licensed premises during the hours of darkness as set forth in Sections 17.08.070 and 17.24.050 of the Temecula Municipal Code. t. A security plan in a form satisfactory to the Temecula police department shall be submitted to and approved by the Temecula police department. The security plan shall be formulated to deter loitering, unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to -23- prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the alcoholic beverage manufacturer's licensed premises. 7. Finding of Public Convenience or Necessity. a. Whether or not the proposed use is consistent with the general plan and development code• b. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses; c. Whether or not the proposed use would have an adverse effect on adjacent land uses; d. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. 8. Class IV entertainment establishments (ABC Type 90). It is the intent and purpose of this section to allow a limited number of entertainment establishments within a limited area of the Citv though an annual administrative entertainment and business license. a. Number of Entertainment Establishments. i. The maximum number of entertainment establishments is one. This establishment shall be permitted by right within the Downtown Core District of the Old Town Specific Plan, as shown in Exhibit IV-1: Old Town Regulating Plan, provided the requirements of Section 9.10.125 and this Section are met. No such establishments may operate elsewhere in the City. b. A City of Temecula business license is required in accordance with Title 5 (Business Licenses and Regulations) i. This is an annual, non -transferable license required for the operation of an entertainment establishment, per Section 5.04.170 of this Code. c. A City of Temecula Live Entertainment License (Class IV) is required in accordance with Chapter 9.10 (Entertainment License). This license shall be applied for in conjunction with a business license specified above. d. Operational Requirements. i. Compliance with the requirements of Chapter 9.10 (Entertainment License) is mandatory. Pursuant to Section 9.10.090(a)((4_), entertainment shall cease at 10:59:59. ii. Compliance with the standards specified in Chapter 17.09 (Alcohol) are mandatory, except as otherwise required by State law. Alcohol service shall cease at 11:59:59. iii. Noise levels shall not exceed the standards set forth in the noise element of the General Plan or the standards set forth in Section 9.20.040 of this code. iv. The Director of Community Development shall be notified in writing within ten (10) business days of a business sale or transfer of such any business subject to this section. v. The City may apply additional requirements or limitations depending on the location, surrounding uses and other considerations. -24- vi. Alcohol Sales Identification. All Persons twentv-one (21) vears of aee or older shall be provided a free wristband, such persons are required to wear said wristband for the duration of time on the premises. At a minimum the wristband shall: (a) Clearly state the time and date of the event; (b) Be tamper resistant; (c) Be highly visible or reflective; (d) be a differing color for each consecutive show, with a minimum of seven different colors: (e) Persons under twenty-one (21) years of age identified wearing a wristband in violation of this chapter shall be removed from the premises; and (f) This section does not eliminate or in any other way modify the requirements of an establishment to verify the age of patrons ordering alcohol. e. Permit Issuance Denial and Revocation Permit issuance denial and revocation shall be as specified in Chapter 9.10 (Entertainment License) f. Appeal. L Appeal procedures shall be as specified in Chapter 9.10 (Entertainment License). Section 9. Subsection B (Alcoholic Beverage Sales) of Section 17.10 (Supplemental Development Standards) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) is hereby deleted, with the remaining of Section 17.10.020 being consecutively renumbered. Section 10. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Code Amendments would have a significant impact on the environment. The Code Amendments impose regulations on existing uses and reorganize alcohol standards within the code. The Community Development Director is hereby directed to file a Notice of Exemption in accordance with CEQA and the State CEQA Guidelines. Section 11. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. -25- Section 12. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 13. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23`d day of July, 2024. ATTEST: Randi Johl, City Clerk [SEAL] James Stewart, Mayor -26- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2024- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 91h day of July, 2024, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 91h day of July, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: -27- Randi Johl, City Clerk RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING SPECIFIC PLAN AMENDMENT NO. 11 TO THE OLD TOWN SPECIFIC PLAN TO 1) ADD CLASS IV ENTERTAINMENT ESTABLISHMENT AS A PERMITTED USE IN THE DOWNTOWN CORE DISTRICT, 2) IMPLEMENT A ONE YEAR OUTDOOR LIVE ENTERTAINMENT PILOT PROGRAM, AND 3) MAKING A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. A new ABC Type 90 license became effective on January 1, 2024. An ABC Type 90 license allows for the sale of distilled which allows for the sale of beer, wine, and distilled spirits at retail for consumption on the premises in a music entertainment facility without food service. Minors are permitted on the premises. The City Council directed staff to amend the Old Town Specific Plan to allow for a business to operate with a Type 90 license and to establish standards for this license type. B. In addition, the City Council directed staff to allow outdoor live entertainment in the Old Town Specific Plan in an effort to provide even more entertainment options in Old Town. Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. On June 5, 2024, the Temecula Planning Commission considered this Resolution at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2024-09 recommending approval of the Resolution by the City Council. B. On July 9, 2024, the City Council, at a regular meeting, considered the Resolution at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 3. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendments hereby makes the following additional findings as required by Section 17.16.020. A. The proposed Specific Plan Amendment is consistent with the General Plan and Development Code. The proposed Specific Plan Amendment conforms to the existing policies within the City of Temecula General Plan. The proposed Specific Plan Amendment will allow a class IV entertainment establishment (a business with a Type 90 ABC license that provides live entertainment) in the Downtown Core area of the Old Town Specific Plan. In addition, the Specific Plan amendment will allow for a pilot program that will allow outdoor live entertainment in Old Town. The General Plan Land Use Element, as noted on page LU- 26, anticipates that the City will provide comprehensive planning of large areas and identifies the Old Town Specific Plan as a specific plan area. The proposed Specific Plan Amendment is consistent with the General Plan Land Use Element Goal 7 of having "A viable, high -quality Old Town Temecula area that enhances the City economically, preserves historic structures, and provides civic, cultural, shopping, and meeting and gathering places for tourists and residents." Allowing live entertainment will further the goal of providing cultural gathering places for tourists and residents. B. The proposed specific plan amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The proposed Specific Plan Amendment has been reviewed pursuant to the City's General Plan and all applicable State laws and has been found to be consistent with the policies, guidelines, standards and regulations intended to ensure that the live entertainment will be conducted in a manner consistent with the public health, safety and welfare. C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. The Old Town Specific Plan consists of approximately 153 acres, and the subject area of the Specific Plan Amendment (the Downtown Core district) comprises approximately 48 acres of the Specific Plan. As outlined in the Land Use Element of the City's General Plan (page LU-32), the purpose of Specific Plans is to provide a comprehensive planning document for large areas so that a coordinated planning approach is provided for all anticipated land use developments. As such, the entire Specific Plan area has been reviewed based on existing structures and future build out potential and is physically suitable for the land use designations provided by the Old Town Specific Plan. The Specific Plan amendment does not make any revisions to the land uses allowed in the Old Town Specific Plan. Instead, it will allow existing businesses to provide live entertainment. D. The proposed specific plan amendment shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. N As identified within the City's General Plan Land Use Element, page LU-30, Old Town Temecula is a strong identification point for the City and the City desires to ensure that Old Town remains a focal point for social, cultural, civic, tourist and economic development activities. The Old Town Specific Plan was originally adopted to support and complement the desirable character of Temecula's downtown and the proposed Amendment to the Old Town Specific Plan further supports its downtown character. The City's General Plan Land Use Element states that the City will continue to implement the Old Town Specific Plan and will modify or amend it as needed to respond to development trends in the area (LU-40). As such, the proposed Amendment to the Old Town Specific Plan provides a means to enhance the area economically while also ensuring the development of a desirable character compatible with existing and proposed development in Old Town and the surrounding neighborhood. Section 4. Environmental Findings. In accordance with the California Environmental Quality Act (CEQA), Specific Plan Amendment No. 11 to the Old Town Specific Plan has been deemed to be exempt from further environmental review as there is no possibility that the proposed action would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The Specific Plan amendment allows for one class IV entertainment establishment in the Downtown Core area of the Old Town Specific Plan. This license type would be granted to an already existing business that already holds a Type 42 ABC license and that also holds a Type 90 ABC license. This would be an expansion of an already existing use in that the use could now hold specific events. In addition, the Specific Plan amendment will allow existing businesses to provide live outdoor entertainment, on a temporary basis as a one year pilot program. Therefore, there is no possibility this amendment would have a significant effect on the environment. Section 5. Specific Plan Amendment. The City Council hereby adopts Specific Plan Amendment No. 11 to the Old Town Specific Plan as set forth in Exhibit "A". Section 6. Severability. If any section or provision of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Resolution shall remain valid. The City Council hereby declares that it would have adopted this Resolution, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 7. Effective Date. This Resolution shall take effect on the same date that Ordinance No. 2024- takes effect. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of July, 2024. James Stewart, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of July, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 1 a f'.L17 �- rHY 4,j qr�tl, - _ ti. tic, OLD TOWN SPECIFIC FLAN Comprehensively revised by the City Of Temecula Adopted by City Council on May 25, 2010 Ordinance No. 10-09: Specific Plan Amendment Ordinance No. 10-10: Zone Change Clerical revisions made August 11, 2010 Originally Adopted on February 22, 1994 Ordinance No. 94-05 Previous Revisions Adopted: January 23, 1996 May 13, 1997 July 13, 1999 October 10, 2000 August 24, 2004 June 13, 2006 September 5, 2017 May 26, 2020 November 29, 2022 July 9, 2024 Ordinance No. 96-01 Ordinance No. 97-06 Ordinance No. 99-12 Ordinance No. 00-11 Ordinance No. 04-08 Ordinance No. 06-07 Resolution No. 17-56 Resolution No. 2020-32 Resolution No. 2022-90 Resolution No. 2024-XX City of Temecula — Old Town Specific Plan III. ADMINISTRATION AND HISTORIC PRESERVATION A. Introduction.................................................................................................................... B. Authority for the Plan........................................................................................................ C. Relationship to the General Plan............................................................................................ D. Relationship to Other Codes................................................................................................ E. Relationship to the California Environmental Quality Act............................................................. 1. Cultural and Historic Resources.................................................................................. F. Relationship to Other Regulations......................................................................................... . G. Non -Conforming Uses and Structures.................................................................................... . H. Temecula Historic Preservation District.................................................................................. 1. Purpose and Intent................................................................................................. 2. Historical Background............................................................................................. 3. Establishment of the Temecula Local Historic Preservation District ....................................... 4. Temecula Local Historic Register............................................................................... I. Old Town Local Review Board............................................................................................. 1. Powers and Duties of the Old Town Local Review Board ................................................... 2. Project Types and Old Town Local Review Board Review Requirements ................................ a. Level One Projects...................................................................................... b. Level Two Projects...................................................................................... 3. Finding of Historic Appropriateness............................................................................. a. Findings to Approve or Deny a Finding of Historic Appropriateness Application ............. J. Building Permits and Prohibitions......................................................................................... . K. Maintenance and Care....................................................................................................... L. Additional Provisions for Historic Structures............................................................................. M. Approval Authority.......................................................................................................... N. Temporary Use Permits...................................................................................................... 1. Purpose and Intent.................................................................................................. 2. Permitted Uses....................................................................................................... a. Major Temporary Use Permit........................................................................... b. Minor Temporary Use Permit.......................................................................... ................................................ III-2 ................................................. III-2 .................................................III-2 .....................................................III-2 ..................................................III-3 ................................................III-3 ................................................. III-5 ..................................................III-5 .........................................................III-6 III-6 ......................................................III-6 III-6 .................................................III-6 ................................................III-11 ...................................................... III-11 ................................................ III-12 .................................................III-12 ................................................ III-12 .................................................III-13 ................................................ III-14 ................................................. III-15 ................................................. III-15 ........................................................ III-15 .................................................III-15 .................................................... III-17 .................................................III-17 ............................................... III-17 ............................................... III-17 ................................................III-17 .s.Autnortry.............................................................................................................................................................. III- iu 4. Findings................................................................................................................................................................III-18 5. Conditions of Approval..............................................................................................................................................III-18 6. Revocation ........... ................................................................................................................................................. III-18 O. General Provisions and Regulations........................................................................................................................................ III-19 1. Effect of the Specific Plan............................................................................................................................................... III-19 2. Minimum Requirements of the Specific Plan.................................................................................................................... III-19 3. Severability...........................................................................................................................................................III-19 P. Temporary Use Permits for Outdoor Live Entertainment (Temporary Pilot Program Expires August 8, 2025) ..................................................III-19 City of Temecula — Old Town Specific Plan 8. Parking............................................................................................................................................................... IV-103 9. Railroad Turntable Preservation Incentives..................................................................................................................... IV-103 10. Civic District Land Use and Development Standards.........................................................................................................IV-105 H. Circulation and Streetscape Standards.............................................................................................................................................. IV-V4-107 1. Old Town Sidewalk Standards.................................................................................................................................... IV-107 a. Current Sidewalk Conditions............................................................................................................................ IV-107 b. Sidewalk Design Standards...............................................................................................................................IV-107 c. Required Sidewalk Configuration Between the Property Line and Build -to Line............................................................... IV-108 d. Sidewalk Cross Sections................................................................................................................................. IV-109 e. Removal of Wooden Boardwalk.........................................................................................................................IV-110 f. Establishment of the Sidewalk Zones..................................................................................................................IV-1 I I i. Curb Zone........................................................................................................................................IV-111 ii. Street Furnishing Zone........................................................................................................................ IV-112 iii. Pedestrian Zone................................................................................................................................IV-113 iv. Frontage Zone..................................................................................................................................IV-113 g. Typical Sidewalk Zone Widths..........................................................................................................................IV-114 2. Old Town Street Standards........................................................................................................................................ IV-115 a. Typical Street Cross Sections........................................................................................................................... IV-115 b. Moreno Road (north and south loop) Cross Sections................................................................................................ IV-115 c. Termination of Third Street and Fifth Street Adjacent to Murrieta Creek........................................................................ IV-127 3. Traffic Calming Measures..........................................................................................................................................IV-130 a. Curb-Bulb-outs............................................................................................................................................ IV-131 b. Speed Tables and Raised Crosswalk....................................................................................................................IV-132 c. Designated/Marked Crosswalks.........................................................................................................................IV-132 d. Roundabouts............................................................................................................................................... IV-133 4. Old Town Street Tree Standards.................................................................................................................................. IV-134 a. Existing Conditions.......................................................................................................................................IV-134 b. Required Street Tree Design Standards................................................................................................................ IV-135 c. Street Tree Placement..................................................................................................................................... IV-136 d. Example- Conceptual Street Tree Plan.................................................................................................................IV-137 e. Tree Grate Specifications.................................................................................................................................IV-137 f. Street Tree Landscape Palette............................................................................................................................IV-138 5. Old Town Mobility Concept....................................................................................................................................... IV-141 a. Street Improvements...................................................................................................................................... IV-141 i. Roundabout Improvements.................................................................................................................... IV-141 b. Pedestrian Connections/Pedestrian Bridges............................................................................................................IV-141 c. Transit Stops............................................................................................................................................... IV-142 d. Multi -Use Trails...........................................................................................................................................IV-142 I. Alley Standards................................................................................................................................................................. IV-145 1. Public Alley Cross Section and Construction Requirements..........................................................................................................IV-146 a. Utilities......................................................................................................................................................IV-148 City of Temecula — Old Town Specific Plan viii III. ADMINISTRATION AND HISTORIC PRESERVATION r --1 CONTENTS: A. Introduction..................................................................................................................................................................... III-2 B. Authority for the Plan.......................................................................................................................................................... III-2 C. Relationship to the General Plan..............................................................................................................................................III-2 D. Relationship to Other Codes......................................................................................................................................................III-2 E. Relationship to the California Environmental Quality Act.................................................................................................................III-3 1. Cultural and Historic Resources................................................................................................................................... III-3 F. Relationship to Other Regulations............................................................................................................................................ III-5 G. Non -Conforming Uses and Structures........................................................................................................................................III-5 H. Temecula Historic Preservation District............................................................................................................................................III-6 1. Purpose and Intent.........................................................................................................................................................III-6 2. Historical Background....................................................................................................................................................III-6 3. Establishment of the Temecula Local Historic Preservation District.............................................................................................. III-6 4. Temecula Local Historic Register.................................................................................................................................III-6 1. Old Town Local Review Board...............................................................................................................................................111-11 1. Powers and Duties of the Old Town Local Review Board..........................................................................................................111-11 2. Project Types and Old Town Local Review Board Review Requirements..................................................................................111-12 a. Level One Projects........................................................................................................................................111-12 b. Level Two Projects.......................................................................................................................................111-12 3. Finding of Historic Appropriateness...............................................................................................................................III-13 a. Findings to Approve or Deny a Finding of Historic Appropriateness Application.............................................................. III-14 J. Building Permits and Prohibitions............................................................................................................................................ III-15 K. Maintenance and Care......................................................................................................................................................... III-15 L. Additional Provisions for Historic Structures...................................................................................................................................... III-15 M. Approval Authority ............................................................................................................................................................111-15 N. Temporary Use Permits........................................................................................................................................................... III-17 1. Purpose and Intent....................................................................................................................................................III-17 2. Permitted Uses....................................................................................................................................................... III-17 a. Major Temporary Use Permit........................................................................................................................... III-17 b. Minor Temporary Use Permit...........................................................................................................................III-17 3. Authority .............................................................................................................................................................. III-18 4. Findings................................................................................................................................................................111-18 5. Conditions of Approval..............................................................................................................................................III-18 6. Revocation............................................................................................................................................................III-18 O. General Provisions and Regulations........................................................................................................................................ III-19 1. Effect of the Specific Plan............................................................................................................................................... III-19 2. Minimum Requirements of the Specific Plan.................................................................................................................... III-19 3. Severability ...........................................................................................................................................................III-19 P. Temporary use permits for outdoor live entertainment (Temporary Pilot Program Expires August 8, 2025)..................................................... III-19 City of Temecula— Old Town Specific Plan 111-1 III. ADMINISTRATION AND HISTORIC PRESERVATION TABLE III-4: APPROVAL AUTHORITY Application Type OTLRB Review Administrative Director of Planning Commission City Council Approval Planning Approval Approval Approval Development Plan — 10,000 s.f. and under X2 X6 Development Plan — over 10,000 s.f. X2 X Major Modification X2 X3,6 X3 X3 Minor Modification' X' X6 Minor Conditional Use Permit — existing X4,6 building Conditional Use Permit X5,6 Xs Finding of Historic Appropriateness XZ, 7 X6,7 X6,7 X7 X7 Temporary Use Permit' X6 Footnotes: 1.) Considered a Level One Project which does not require the review and approval of the OTLRB. However, the Planning Director may forward a Level One Project to the OTLRB if the project has the potential to have significant aesthetic impacts or special significance. 2.) Considered a Level Two Project which requires review and recommendation by the OTLRB before the project can be approved by the appropriate approving authority. 3.) Major Modifications may be approved administratively if the project was originally approved by the Director of Planning. Projects which were approved by the Planning Commission or City Council must be considered by the original approving body. Increases in building square footage that results in a building larger than 10,000 square feet shall be heard by the Planning Commission. 4.) Minor Conditional Use Permits, which are for conditionally permit uses to be conducted within an existing building, may be approved by the Director of Planning at a noticed public hearing. 5.) A Conditional Use Permit with a Development Plan shall be approved by the hearing body required for the Development Plan. 6.) For matters that are considered to have unique circumstances, special significance or aesthetic impacts, the Director of Planning may refer such matters to the Planning Commission. 7.) All applications for a Finding of Historic Appropriateness shall be reviewed by the OTLRB. A Finding of Historic Appropriateness may be issued either administratively, by the Director of Planning, by the Planning Commission, or by the City Council as part of the approval process for any Minor Modification, Major Modification, or Development Plan. The appropriate approval authority shall be based upon the approval authority for the application type. 8.) Outdoor Dining or Sidewalk Cafes require the approval of a Minor Modification if not approved as a part of the original Development Plan. 9.) Temporary Use Permits are limited to one permit per business per quarter for each calendar year, except as set forth in Section P. City of Temecula— Old Town Specific Plan III-16 III. ADMINISTRATION AND HISTORIC PRESERVATION N. TEMPORARY USE PERMIT (TUP) 1. Purpose and Intent The provisions of this chapter shall govern special events and temporary uses on private commercial property in Old Town. Special events on public property in Old Town shall be governed by Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events on Public Property. The temporary use permit allows for short-term activities or events that may be appropriate within the Old Town Specific Plan area when regulated. Temporary uses shall not exceed ninety days when not occupying a structure, (including promotional activities), or one year for all other uses occupying a structure, or for a shorter period of time as determined by the Director of Planning. Residential model home complexes are exempt from the time limitations. 2. Permitted Uses Temporary uses in Old Town are divided into two general categories: major and minor. Major temporary uses have a potential to create health and safety problems, can occur on undeveloped property and/or outdoors, may create traffic and noise problems, and/or could potentially disrupt community life or surrounding businesses and residents. Minor temporary uses occur on developed commercial private property and/or indoors, and for very short time periods. Minor temporary uses produce little noise and/or traffic, and have no significant impacts on adjacent properties. Temporary Use Permits are limited to one permit per business per quarter for each calendar year, except as set forth in Section P of this Chapter. a. Major Temporary Uses The following major temporary uses may be permitted, subject to the review and approval a Major Temporary Use Permit: i. Fairs, festivals, concerts, outdoor live entertainment, and similar activities when not held within a facility designed to accommodate such an event or use such as auditoriums, stadiums, or other public assembly facilities. Major Temporary Use Permits issued for the uses described above are subject to the following requirements: • The number of Major Temporary Use Permits issued for fairs, festivals, concerts, outdoor live entertainment, and similar activities in Old Town may not exceed one per business for every quarter for each calendar year, except as set forth in Section P. Fairs, festivals, concerts, outdoor live entertainment, and similar activities shall not exceed two consecutive days in length. • Major Temporary Use Permits issued for City Sponsored Signature Events and/or special events where the City is the applicant are not subject to the quarterly limit. • Major Temporary Uses for fairs, festivals, concerts, outdoor live entertainment, and similar activities shall not be permitted in the Neighborhood Residential (NR) zoning district. • See Section P of this Chapter for specific regulations pertaining to TUP's for Outdoor Live Entertainment. ii. Real estate offices and model homes within approved development projects. iii. On and off -site contractors' construction yards in conjunction with an approved active development project. iv. Christmas tree sales lots. Such activity shall be only held from November 1 st through December 3 Pt v. Pumpkin sales lots. b. Minor Temporary Uses The following minor temporary uses may be permitted, subject to the review and approval of a Minor Temporary Use Permit. i. Outdoor display and sales of merchandise within the Downtown Core and Residential/Limited Mixed -Use districts that exceed the regulations set forth in Section 17.10.020(K) of the Development Code. Outdoor display and sales of merchandise permitted with a Minor Temporary Use Permit shall not exceed sixteen days per calendar year per business or organization and are subject to the following requirements: • Merchandise displayed or sold must be customarily sold on the premises by a permanently established business. • The maximum number of consecutive days for any one event shall not exceed nine calendar days. • Events exceeding five consecutive calendar days shall be fully enclosed in a tent so as to minimize any aesthetic impacts. • Set-up and take -down of tents, lighting, fencing, merchandise and/or items for the event shall not be counted towards the allowable event days per calendar year, except that set-up shall not exceed one and one-half City of Temecula— Old Town Specific Plan 111-17 III. ADMINISTRATION AND HISTORIC PRESERVATION O. GENERAL PROVISIONS AND REGULATIONS 1. Effect of the Specific Plan No person shall use any premises except as specifically permitted by and subject to the regulations of this Specific Plan. Except as otherwise permitted herein, whenever this Specific Plan prohibits the use of property for a particular purpose, those premises and any improvements on the premises shall not be used for that purpose, and no structure or improvement shall be constructed, altered or moved onto the premises which is designed, arranged, or intended to be occupied or used for that purpose. 2. Minimum Requirements of the Specific Plan The provisions of this Specific Plan shall be interpreted and applied as the minimum requirements for the promotion of the public health, safety and general welfare. The Director of Planning shall interpret the Specific Plan based upon the policy directives of the City Council. 3. Severability If any section, subsection, sentence, clause, phrase or portion of this Specific Plan, or future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Specific Plan, or future amendments or additions hereto. The City hereby declares that it would have adopted these requirements and each sentence, subsection, clause, phrase, portions or any future amendments or additions hereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions hereto may be declared invalid or unconstitutional. P. TEMPORARY USE PERMITS FOR OUTDOOR LIVE ENTERTAINMENT 1. Intent and purpose. The City Council desires increased outdoor live entertainment within Old Town. It is the intent and purpose of this section to serve as a pilot program of one (1) year in length, to allow Temporary Use Permits to include temporary outdoor live entertainment, a use previously limited to one per quarter. The expiration date of this pilot program shall be 8, August 2025, unless action is taken by Resolution of the City Council to amend, extend, terminate or make permanent these provisions. The purpose of this Council directed policy is to allow for ancillary outdoor live entertainment in an experimental capacity and is not intended to be the primary use of any establishment. The provisions, permitting process, forms, fees, and findings set forth in section N above for a Major TUP shall be followed, unless in conflict with this section in which case this section shall prevail. Establishments that have and maintain in good order a Conditional Use Permit (CUP,) that permits outdoor live entertainment are exempt from this section. This section does not permit or authorize any permanent land use or entitlement and does not constitute a vested interest or right of any kind. i. All TUP's issued under this provision shall limit outdoor live entertainment between the hours of 10:00:00 am — 8:59:59 pm, every day of the week. ii. TUP's shall be limited in location, to include all aspects of the event, to a developed parcel within the Downtown Core District as shown in Exhibit IV-1: Old Town Regulating Plan. iii. TUP's that intend to serve, sell, or provide alcohol shall obtain any and all required permits or licenses necessary for such alcohol. iv. Establishments permitted for indoor live entertainment shall be subject to these requirements if the establishment opens doors, windows or other means for the transmission of entertainment outdoors. V. TUP's issued under this provision shall be exempt from the requirements of "Note 9" on Table III-4: Approval Authority. vi. All TUP's issued under this section shall: a. Prohibit percussion instruments: b. Prohibit Disc Jockeys (DJ's)o similar entertainment from occurring: and c. Prohibit speakers, and similar amplified sound emitting devices, from pointing outward towards neighboring parcels. vii. No TUP shall allow or provide outdoor live entertainment during Santa's Electric Light Parade, July 4t' Parade or any other City sponsored parade in Old Town that closes any portion of Old Town Front Street. viii. All site plans provided for a TUP under this section shall include all audio equipment, speakers, stages, lighting, and all other aspects of the performance. ix. Video, streaming or any form of digital image or sound projection of performances shall not constitute live entertainment. X. All TUP's issued under this section, shall comply with Chapter 9.20 (Noise,) of the Temecula Municipal Code. City of Temccula — Old Town Specific Plan III-19 IV. LAND USE AND URBAN DEVELOPMENT STANDARDS 10. Civic District Land Use and Development Standards.........................................................................................................IV-105 H. Circulation and Streetscape Standards.............................................................................................................................................. VI-107 1. Old Town Sidewalk Standards.................................................................................................................................... IV-107 a. Current Sidewalk Conditions............................................................................................................................ IV-107 IV-4 b. Sidewalk Design Standards...............................................................................................................................IV-107 c. Required Sidewalk Configuration Between the Property Line and Build -to Line............................................................... IV-108 d. Sidewalk Cross Sections................................................................................................................................. IV-109 e. Removal of Wooden Boardwalk.........................................................................................................................IV-110 f. Establishment of the Sidewalk Zones..................................................................................................................IV-1 I I i. Curb Zone........................................................................................................................................IV-1 I I ii. Street Furnishing Zone........................................................................................................................ IV-112 iii. Pedestrian Zone................................................................................................................................IV-113 iv. Frontage Zone..................................................................................................................................IV-113 g. Typical Sidewalk Zone Widths..........................................................................................................................IV-114 2. Old Town Street Standards........................................................................................................................................ IV-115 a. Typical Street Cross Sections........................................................................................................................... IV-115 b. Moreno Road (north and south loop) Cross Sections................................................................................................ IV-115 c. Termination of Third Street and Fifth Street Adjacent to Murrieta Creek........................................................................ IV-127 3. Traffic Calming Measures..........................................................................................................................................IV-130 a. Curb-Bulb-outs............................................................................................................................................ IV-131 b. Speed Tables and Raised Crosswalk....................................................................................................................IV-132 c. Designated/Marked Crosswalks.........................................................................................................................IV-132 d. Roundabouts............................................................................................................................................... IV-133 4. Old Town Street Tree Standards.................................................................................................................................. IV-134 a. Existing Conditions.......................................................................................................................................IV-134 b. Required Street Tree Design Standards................................................................................................................ IV-135 c. Street Tree Placement..................................................................................................................................... IV-136 d. Example- Conceptual Street Tree Plan.................................................................................................................IV-137 e. Tree Grate Specifications.................................................................................................................................IV-137 f. Street Tree Landscape Palette............................................................................................................................IV-138 5. Old Town Mobility Concept....................................................................................................................................... IV-141 a. Street Improvements...................................................................................................................................... IV-141 i. Roundabout Improvements.................................................................................................................... IV-141 b. Pedestrian Connections/Pedestrian Bridges............................................................................................................IV-141 c. Transit Stops............................................................................................................................................... IV-142 d. Multi -Use Trails...........................................................................................................................................IV-142 I. Alley Standards................................................................................................................................................................. IV-145 1. Public Alley Cross Section and Construction Requirements..........................................................................................................IV-146 a. Utilities......................................................................................................................................................IV-148 2. Private Residential and Commercial Alleyways........................................................................................................................IV-149 3. Preservation of Existing Alleys in Old Town................................................................................................................... IV-149 City of Temecula — Old Town Specific Plan IV-5 IV. LAND USE AND URBAN DEVELOPMENT STANDARDS - �tr B. ESTABLISHMENT OF THE ZONING DISTRICTS The following zones have been established within the Old Town Specific Plan area: • Downtown Core District (DTC) • Downtown Core/Hotel Overlay District (DTC/HO) • Residential/Limited Mixed -Use District (R/LMU) • Neighborhood Residential District (NR) • Civic District (CV) • Open Space (OS) Each zone is identified as a spatial district as shown in Exhibit IV-1 Old Town Regulating Plan. Each zone shown in the Old Town Regulating Plan has different development regulations and standards for the physical building form and building placement that shall apply in the Old Town Specific Plan area. 1. Zoning District Boundaries Where boundaries of the Zoning Districts appear to follow streets, the boundary shall follow the centerlines of said streets. Where boundaries appear to follow existing property lines, they shall follow said property lines and shall not bisect portions of existing lots of record which are in effect at the time of adoption of this Specific Plan. The boundaries of the Open Space Zoning District along the channel of Murrieta Creek, however, may bisect adjacent parcels. Exhibit IV-1: Old Town Regulating Plan ■ ■ . ■ - I.nn nl.es.n. non .croon •"� 1• - �� � liiiiiiiiiiiiiiii� ql ' nonnno.o• ...........rn .. neo.w..pn Old Town Zoning Districts '' Land Use Descriptions � Neighborhood Residential (NR) open space [oS� acid Town Specitc Plan BCundary Civic (CVi Downtown Core (DTC) Residential) Limited Mixed Use (RILMU) D s,7a 435 M Feel ® Downtown Core - Hotel D ft IDTCIHO] a,Giawan- raKmw-aaAiati.��.r i� , ruaN..0 ri- Re.�e City of Temecula — Old Town Specific Plan IV-9 IV. LAND USE AND URBAN DEVELOPMENT STANDARDS TABLE IV-1: LAND USE MATRIX LIST OF USES Residential -Limited Mixed -Use (R/LMU) Downtown Core (DTC)/ Downtown Core -Hotel Overlay (DTC/HO) Neighborhood Residential (NR) Adult Entertainment Businesses - - - Alcoholic Beverage Sales C4415 C4415 _ Art Studio with or without a gallery P1 P1 - Bar, Cocktail Lounge' C1 C - Beer Tasting Establishment15 C13 C13 _ Bed and Breakfast C - C Community Care Facility 6 or Fewer - - P Community Care Facility 7 to 14 - - C Day Care/Preschool C1 C2 _ Dav Spa - Full Service P1 P - Drive-thru Businesses includes eating establishments and banks - Escape Rooms C C - Farmers Market C C - Health and fitness, dance, martial arts studio P1 p2 Home Occupation P P P Cigar/Hookah Club(private membership only) C C Hotel P3 p4 Entertainment See Municipal Code', 14 See Municipal Codes, 14 Massage Facilities - - Museum - P Neighborhood market, grocery store P1 P Office-Administrative/Professional/Medical p12 P2 Performing Arts - P Personal Services P1 P2 Residential - Attached P P6 P Residential - Detached - - P Residential — Live/Work C C C Restaurant without Alcohol9,"," p9 P9 Restaurant with Beer and Wine9,11,15 p9 p9 Restaurant with Beer, Wine, and Distilled Spirits 9,11,15 C C Restaurant with Entertainment not including dancin 9,11,15 See Municipal Code5,14 See Municipal Code5,14 Restaurant with Entertainment and/or Dancin 9,11,15 See Municipal Code', 14 See Municipal Code5,14 City of Temecula — Old Town Specific Plan IV-1 1 IV. LAND USE AND URBAN DEVELOPMENT STANDARDS Retail Pi Pi Tattoo Studio - - Trade/Educational Institution Pi P2 Entertainment Establishment _ p1,14,15 _ Wine Producing/Micro Brewery — (Type 02 ABC License onl 15 P7 P7 - Wine Tasting Facility — (Type 02 ABC License only) i5 P8 P8 _ Wine Tasting Facili 15 CIO CIO _ Except hotel operations, business activities within the Residential/Limited Mixed -Use and Neighborhood Residential during the hours of 12:00 a.m. and 5:00 a.m. shall require a Conditional Use Permit. Any use not explicitly stated above shall require a use determination by the Planning Commission. P Use is permitted by right C Use is permitted with a Conditional Use Permit - Use is not permitted 1. Use is limited to ground floor only. 2. These uses are limited to either the second floor (or higher) or to locations that do not front upon or open directly onto either Old Town Front Street or Main Street. 3. This use is limited to locations that front Moreno Road. Full -service hotel uses with food service and conference facilities at heights greater than three stories but limited to eight stories may be considered under a Conditional Use Permit. Subject to the Supplemental Standards for hotels over 3 stories. 4. Full -service hotel uses with food service and conference facilities in the Downtown Core -Hotel Overlay (DTC/HO) are allowed eight stories. Subject to the Supplemental Standard and Special Use Standards in Section IV.G of this chapter, for hotels over three stories. 5. Outdoor entertainment is not permitted in Old Town. City sponsored signature events and/or events when the City is the applicant are exempt. Outdoor live entertainment may be considered for private businesses in Old Town with a Temporary Use Permit as appropriately conditioned, limited to one event per quarter per Section III.N. 6. Ground floor residential not permitted in the Downtown Core area along Old Town Front Street and Main Street. 7. Shall include a store front tasting room. Premises with or without the product sale for off -site consumption is limited to a Department of Alcoholic Beverage Control License Type 02 (Winery/Winegrower). 8. Premises with or without the product sale for off -site consumption is limited to the Department of Alcoholic Beverage Control License Type 02 (Winery/Winegrower). 9. Outdoor Dining or Sidewalk Cafes are permitted in conjunction with a restaurant subject to the review and approval of a Minor Modification or as approved with a Development Plan application. 10. Premises with or without the product sale for off -site consumption applying for any Department of Alcoholic Beverage Control License type other than a Type 02 (Winery/Winegrower). 11. Subject to Chapter 17.10 Supplemental Development Standards of the Development Code. 12. This use is permitted on either the ground floor or second floor. 13. Premises with or without the product sale for off -site consumption is limited to the Department of Alcoholic Beverage Control License Type 23 (Small Beer Manufacturing — Duplicate) 14. Subject to Municipal Code Section 9.10 (Entertainment License) 15. Subject to Municipal Code Section 17.09 (Alcohol), and limited to the Downtown Core District City of Temecula — Old Town Specific Plan IV-12 IV. LAND USE AND URBAN DEVELOPMENT STANDARDS - DOWNTOWN CORE AND DOWNTOWN CORE/HOTEL OVERLAY DISTRICT ix. Allowable Encroachments The table below outlines the allowable encroachments between the build -to line and the property line and into the side and rear yard setbacks for buildings located in the Downtown Core and Downtown Core/Hotel Overlay district. " :I Figure IV-9: Allowable encroachments in the DTC and DTCIHO Table IV-11: Allowable Encroachments in Downtown Core/Downtown Core Hotel Overlay District Building Element: Over the build- Over the build -to Into to line (typical line side street Side/Rear lot or lot with (corner lot): Yard setback creek frontage): (with or without alley): A. Architectural features 5 feet maximum 5 feet maximum 0 feet such as cornices, eaves, overhangs, and other decorative building elements B. Balconies, patios or 10 feet 10 feet maximum 0 feet terraces above first floor maximum C. Awning or Canopy S 10 feet 9 10 feet 0 feet maximum maximum D. Bay Window 2 feet maximum 2 feet maximum 0 feet E. Urban accent landscaping 3 feet maximum 3 feet maximum N/A —potted, or hanging plants, etc. Table IV-12: Minimum Vertical Clearance in the Downtown Core and Downtown Core/Hotel Overlay District F. Awnings, canopies, and other architectural features 8 feet minimum such as building projections, eaves, overhangs, and other decorative building elements G. Balconies or terraces (above first floor) 12 feet minimum City of Temecula — Old Town Specific Plan IV-28 IV. LAND USE AND DEVELOPMENT STANDARDS f. Street Tree Landscape Palette In order to achieve an urban streetscape, the following tree species (listed below and shown on the Street Tree Map Exhibit IV-3) shall be required to be planted in Old Town. All street trees shall be 36" box size: Old Town Front Street: London Plane (Plantus x Acerifolia Bloodgood') First Street (east of Old Town Front Street): London Plane (Plantus x Acerifolia `Bloodgood') Second Street: London Plane (Plantus x Acerifolia `Bloodgood') Third Street: London Plane (Plantus x Accrifolia `Bloodgood') Fourth Street: London Plane (Plautus x Acerifolia Bloodgood') Fifth Street: London Plane (Plantus x Acerifolia `Bloodgood') Sixth Street (east of Old Town Front Street): London Plane (Plantus x Acerifolia `Bloodgood') Main Street east of Murrieta Creek: London Plane (Plantus x Acerifolia `Bloodgood') Main Street west of Murrieta Creek: London Plane (Plantus x Acerifolia `Bloodgood') Mercedes Street: London Plane (Plantus x Acerifolia `Bloodgood') Moreno Road: London Plane (Plautus x Acerifolia Bloodgood') Pujol Street: London Plane (Plantus x Acerifolia `Bloodgood') First Street (west of Old Town Front Street): London Plane (Plantus x Acerifolia Bloodgood') Sixth Street (west of Old Town Front Street): London Plane (Plantus x Acerifolia `Bloodgood') Felix Valdez: London Plane (Plautus x Acerifolia `Bloodgood') Murrieta Creek Trail: California Sycamore (Platanus Racemosa) Figure IV-101: Liquid Amber Figure IV-102: London Plane City of Temecula- Old Town Specific Plan IV-138 IV. LAND USE AND DEVELOPMENT STANDARDS 6. Applicability The regulations and criteria contained herein shall apply to all signage within the Downtown Core and Downtown Core/Hotel Overlay, and Residential/Limited Mixed -Use, and Givie—Pistriets. The Neighborhood Residential district shall comply with the residential sign requirements contained in the Temecula Municipal Code using the Design Criteria contained in the Old Town Specific Plan. Photos contained in this chapter are intended to provide visual or illustrative examples and may not be representative of the actual allowable dimensions of sign area. 7. Permit Required Unless specifically stated in these regulations, a sign permit is required prior to placing, erecting, moving, reconstructing, altering, or displaying any sign within the Specific Plan area. All signs are subject to the approval of the Director of Planning. 8. Sign Program A Sign Program is required prior to obtaining a sign permit for new or existing developments that propose to erect or replace a permanent sign where any of the following circumstances exist: a. Whenever a building or center is greater than 100,000 square feet in total building area and has five or more permanent signs. b. Whenever the development contains a historic structure. c. Whenever a proposed permanent sign exceeds or cannot comply with the standards required by this chapter due to unique characteristics of the site or the unique characteristics of the building fagade upon which the sign is placed. 9. Prohibitions No person shall erect, re -erect, construct, enlarge, alter, move, improve, remove, convert, or equip any sign or sign structure or cause or permit the same to be done contrary to, or in violation of, the provisions of these sign regulations. 10. Prohibited Signs in Old Town • Freestanding signs • Roof mounted signs • Animated, rotating, moving, emitting or flashing signs • Balloon signs • Iridescent materials or day-glow/fluorescent colors • Ambient air balloons • Internally illuminated channel letters signs • Internally illuminated can or cabinet signs • Front facing exposed bulbs • Window signs above the second story (except when in compliance with Section IV.J.13.d). • Paper, cloth, or plastic streamers or bunting- except holiday decorations (Acceptable during the hours of City Sponsored events only.) • Formed plastic signs • Paper signs affixed to the inside or outside of the fagade or window • Exposed raceways • Traffic sign replicas • Multiple repetitive signs or repetitive use of words or symbols as a sign element is not permitted except for a single band of letters on the inside of a glass storefront • Any sign not permitted by this Specific Plan • Any sign prohibited by the Development Code and not expressly permitted in this Specific Plan • Signs within the public right-of-way, unless approved by the Public Works Director and the Planning Director. 11. Temporary Banners Temporary Banner signs in the Downtown Core, Downtown Core/Hotel Overlay, Residential/Limited Use, Neighborhood Residential and Open Space shall be non -illuminated and shall comply with the Temecula Municipal Code, except the following: a. Temporary Banner signs shall not exceed 32 sq. ft. b. Neon colored or day glow signs are prohibited. c. Temporary Banner signs may be attached to banisters or other elements of the building or site. d. Temporary Banner signs in the Civic Zone are intended to benefit businesses within Old Town and the Community through special events that attract residents and tourists to Old Town and Temecula. Design and duration of temporary signage placed in the Civic District (CV) may vary or exceed the limitations of the other Districts as needed to support City of Temecula — Old Town Specific Plan IV-153 IV. LAND USE AND DEVELOPMENT STANDARDS community events, City sponsored signature events, or civic activities within Old Town. 12. Temporary Portable Sign a. One temporary portable sign (such as an A -flame or a movable pole sign) is allowed per business. b. Portable signs may encroach 4 3 feet into the "Frontage Zone" and shall be placed at the primary entryway of the business. A portable sign shall not extend within the public right-of-way or block the free movement of pedestrians. c. The size shall not exceed four feet high and three feet wide. d. A portable sign shall not be placed within the Pedestrian Zone. e. Portable signs shall not be illuminated or plastic. Portable signs shall be constructed of high quality, durable materials, subject to the review and approval of the Director of Planning. f. A portable sign is intended for daily restaurant or store specials and shall be entirely removed and placed inside the building during non -business hours. g. No permit is required for portable signs that comply with these provisions. a� Figure IV-113 a,b: Example of a portable sign. 13. Sign Placement a. Except as provided below, signs shall be placed on the building facade above the primary public entrance for the business. b. Tenant wall signs shall be placed no higher than the lowest of the following points on the building facade: i. 25 feet above grade ii. Bottom of the sill line of the second floor windows iii. Cornice line/signage band on the first floor of the building c. Signs shall be placed in harmony with the architecture and facade of the building. d. The following signs may be located above the first floor, provided they are not internally illuminated: i. Building Name Signs that are painted, etched, or applied directly to the wall with three dimensional channel cut letters not to project more than 2 inches from the surface. ii. Window Signs (gold leaf and/or black colored); however, not above the second floor and only one window per frontage per business. iii. Signs on public buildings located within the Civic Overlay. iv. Non -illuminated tenant signs shall be permitted on the second or third story (not above third floor) when the primary entrance of the business is located on the second or third floor and the primary business entrance door is external to the building accessed only by an external balcony or walkway via an external elevator/stairway or courtyard. Signs shall be placed at business frontage only. v. When a business or tenant occupies more than 50 percent of the total gross building area the tenant or business may have a sign on the third or fourth story of the building. ■ Figure IV-114a: Example of inappropriate sign placement. Sign placement ignores the architectural scale of the fagade and obscures the horizontal and vertical elements of the building. Figure IV114b: Example of appropriate sign placement that respects the architectural scale of the fagade. The signage fits entirely within the horizontal and vertical elements of the building. City of Temecula — Old Town Specific Plan IV-154 i� �i77liJllTC�]��[��►�iMISiIS A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING SPECIFIC PLAN AMENDMENT NO. 11 TO THE OLD TOWN SPECIFIC PLAN TO 1) ADD CLASS IV ENTERTAINMENT ESTABLISHMENTAS A PERMITTED USE IN THE DOWNTOWN CORE DISTRICT 2) IMPLEMENT A ONE YEAR OUTDOOR LIVE ENTERTAINMENT PILOT PROGRAM 3) AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(b)(3)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. The Old Town Specific Plan (SP-5) was approved by the City Council on February 22, 1994 by the adoption of Ordinance No. 94-05. Amendment No. 1 to the Old Town Specific Plan (SP-5) was approved on January 23, 1996 by the adoption of Ordinance No. 96-01. Amendment No. 2 to the Old Town Specific Plan (SP-5) was approved on May 13, 1997 by the adoption of Ordinance No. 97-06. Amendment No. 3 to the Old Town Specific Plan (SP-5) was approved on July 13, 1999 by the adoption of Ordinance No. 99-12. Amendment No. 4 to the Old Town Specific Plan (SP-5) was approved on October 10, 2000 by the adoption of Ordinance No. 00-11. Amendment No. 5 to the Old Town Specific Plan (SP-5) was approved on August 24, 2004 by the adoption of Ordinance No. 04-08. Amendment No. 6 to the Old Town Specific Plan (SP-5) was approved on June 13, 2006 by the adoption of Ordinance No. 06-07. Amendment No. 7 to the Old Town Specific Plan (SP-5) was approved on May 25, 2010 by the adoption of Ordinance No. 10-09. Amendment No. 8 to the Old Town Specific Plan (SP-5) was approved on September 5, 2017 by the adoption of Resolution No. 17-56. Amendment No. 9 to the Old Town Specific Plan was approved on May 26, 2020 by the adoption of Resolution No. 2020-32. Amendment No. 10 to the Old Town Specific Plan was approved on November 29, 2022 by the adoption of Resolution No. 2022-90. The Old Town Specific Plan as originally approved and as amended by Amendments Nos. 1-10 shall be referred to in this Resolution as the "Specific Plan." B. The City Council of the City of Temecula certified the Old Town Specific Plan Final Program Environmental Impact Report ("FPEIR") on May 11, 2010. C. Staff initiated Long Range Project No. LR23-0429, a Specific Plan Amendment, in a manner in accord with the City of Temecula General Plan and Development Code. The purpose of the Specific Plan Amendment No. 11 to the Old Town Specific Plan (SP-5) is to allow for the establishment of a class IV entertainment establishment in the Downtown Core area of the Old Town Specific Plan and adopt a one year outdoor entertainment pilot program ("Project"). D. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. E. On June 5, 2024, the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Project at which time all persons interested in these actions had the opportunity and did address the Planning Commission. F. After hearing all written and oral testimony by staff and all written comments from the public on the proposed actions and duly considering the comments received, the Planning Commission adopted Resolution No. 2024-09 recommending that the City Council adopt the proposed Project. G. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. Pursuant to Temecula Municipal Code Section 17.16.020, the Planning Commission, in recommending that the City Council approve Amendment No. 11 to the Specific Plan hereby finds, determines and declares that: A. The proposed Specific Plan Amendment is consistent with the General Plan and Development Code. The proposed Specific Plan Amendment conforms to the existing policies within the City of Temecula General Plan. The proposed Specific Plan Amendment will allow a class IV entertainment establishment (a business with a Type 90 ABC license that provides live entertainment) in the Downtown Core area of the Old Town Specific Plan. In addition, the Specific Plan amendment will allow for a pilot program that will allow outdoor live entertainment in Old Town. The General Plan Land Use Element, as noted on page LU- 26, anticipates that the City will provide comprehensive planning of large areas and identifies the Old Town Specific Plan as a specific plan area. The proposed Specific Plan Amendment is consistent with the General Plan Land Use Element Goal 7 of having "A viable, high -quality Old Town Temecula area that enhances the City economically, preserves historic structures, and provides civic, cultural, shopping, and meeting and gathering places for tourists and residents." Allowing live entertainment will further the goal of providing cultural gathering places for tourists and residents. B. The proposed specific plan amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The proposed Specific Plan Amendment has been reviewed pursuant to the City's General Plan and all applicable State laws and has been found to be consistent with the policies, guidelines, standards and regulations intended to ensure that the live entertainment will be conducted in a manner consistent with the public health, safety and welfare. The proposed Specific Plan Amendment is consistent with Goal 3 of the Economic Development Element of the General Plan which states "A sound economic base providing a fiscal foundation for the City, quality community facilities, and high service levels. " C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. The Old Town Specific Plan consists of approximately 153 acres, and the subject area of the Specific Plan Amendment (the Downtown Core district) comprises approximately 48 acres of the Specific Plan. As outlined in the Land Use Element of the City's General Plan (page LU-32), the purpose of Specific Plans is to provide a comprehensive planning document for large areas so that a coordinated planning approach is provided for all anticipated land use developments. As such, the entire Specific Plan area has been reviewed based on existing structures and future build out potential and is physically suitable for the land use designations provided by the Old Town Specific Plan. The Specific Plan amendment does not make any revisions to the land uses allowed in the Old Town Specific Plan. Instead, it will allow existing businesses to provide live entertainment. D. The proposed specific plan amendment shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. As identified within the City's General Plan Land Use Element, page LU-30, Old Town Temecula is a strong identification point for the City and the City desires to ensure that Old Town remains a focal point for social, cultural, civic, tourist and economic development activities. The Old Town Specific Plan was originally adopted to support and complement the desirable character of Temecula's downtown and the proposed Amendment to the Old Town Specific Plan further supports its downtown character. The City's General Plan Land Use Element states that the City will continue to implement the Old Town Specific Plan and will modify or amend it as needed to respond to development trends in the area (L U-40). As such, the proposed Amendment to the Old Town Specific Plan provides a means to enhance the area economically while also ensuring the development of a desirable character compatible with existing and proposed development in Old Town and the surrounding neighborhood. Section 3. CEQA. In accordance with the California Environmental Quality Act (CEQA), Specific Plan Amendment No. 11 to the Old Town Specific Plan has been deemed to be exempt from further environmental review as there is no possibility that the proposed action would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The Specific Plan amendment allows for one class IV entertainment establishment in the Downtown Core area of the Old Town Specific Plan. This license type would be granted to an already existing business that already holds a Type 42 ABC license and that also holds a Type 90 ABC license. So this would be an expansion of an already existing use in that the use could now hold specific events. In addition, the Specific Plan amendment will allow existing businesses to provide live outdoor entertainment, on a temporary basis as a one year pilot program. Therefore, there is no possibility this amendment would have a significant effect on the environment. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt a resolution approving Specific Plan Amendment No. 11 to the Old Town Specific Plan in substantially the same form as attached hereto as Exhibit `B." PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 51h day of June, 2024. PA ie Bob Hagel, Chair ATTEST: R 4 t Vk-" Matt Peters, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Matt Peters, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2024-09 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 51' day of June, 2024, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Hagel, Ruiz, Solis, Turley-Trejo NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 1 PLANNING COMMISSIONERS: Watts Matt Peters, Secretary -N City of Temecula — Old Town Specific Plan OLD TOWN SPECIFIC PLAN City of Temecula —May 2.5, 2010 OLD TOWN SPECIFIC PLAN Comprehensively revised by the City Of Temecula Adopted by City Council on May 25, 2010 Ordinance No. 10-09: Specific Plan Amendment Ordinance No. 10-10: Zone Change Clerical revisions made August 11, 2010 Originally Adopted on February 22, 1994 Ordinance No. 94-05 Previous Revisions Adopted: January 23, 1996 May 13, 1997 July 13, 1999 October 10, 2000 August 24, 2004 June 13, 2006 September 5, 2017 May 26, 2020 November 29, 2022 July 9, 2024 City of Temecula — Old Town Specific Plan Ordinance No. 96-01 Ordinance No. 97-06 Ordinance No. 99-12 Ordinance No. 00-11 Ordinance No. 04-08 Ordinance No. 06-07 Resolution No. 17-56 Resolution No. 2020-32 Resolution No. 2022-90 Resolution No. 2024-XX Ill. ADMINISTRATION AND HISTORIC PRESERVATION A. Introduction..................................................................................................................................................................... I11-2 B. Authority for the Plan..........................................................................................................................................................111-2 C. Relationship to the General Plan ..............................................................................................................................................III-2 D. Relationship to Other Codes......................................................................................................................................................111-2 E. Relationship to the California Environmental Quality Act.................................................................................................................III-3 1. Cultural and Historic Resources...................................................................................................................................111-3 F. Relationship to Other Regulations............................................................................................................................................ 11I-5 G. Non -Conforming Uses and Structures........................................................................................................................................III-5 H. Temecula Historic Preservation District............................................................................................................................................III-6 1. Purpose and Intent.........................................................................................................................................................11I-6 2. Historical Background....................................................................................................................................................111-6 3. Establishment of the Temecula Local Historic Preservation District.............................................................................................. III-6 4. Temecula Local Historic Register.................................................................................................................................III-6 I. Old Town Local Review Board...............................................................................................................................................III-11 1. Powers and Duties of the Old Town Local Review Board.......................................................................................................... I11-11 2. Project Types and Old Town Local Review Board Review Requirements..................................................................................111-12 a. Level One Projects........................................................................................................................................111-12 b. Level Two Projects....................................................................................................................................... I1I-12 3. Finding of Historic Appropriateness...............................................................................................................................111-13 a. Findings to Approve or Deny a Finding of Historic Appropriateness Application.............................................................. III-14 J. Building Permits and Prohibitions............................................................................................................................................111-15 K. Maintenance and Care......................................................................................................................................................... III-15 L. Additional Provisions for Historic Structures...................................................................................................................................... I1I-15 M. Approval Authority ............................................................................................................................................................III-15 N. Temporary Use Permits...........................................................................................................................................................111-17 1. Purpose and Intent....................................................................................................................................................111-17 2. Permitted Uses....................................................................................................................................................... 111-17 a. Major Temporary Use Permit........................................................................................................................... 11I-17 b. Minor Temporary Use Permit........................................................................................................................... III-17 3. Authority .............................................................................................................................................................. I11-18 4. Findings................................................................................................................................................................111-18 5. Conditions of Approval..............................................................................................................................................1I1-1.8 6. Revocation............................................................................................................................................................11I-18 O. General Provisions and Regulations........................................................................................................................................I11-19 1. Effect of the Specific Plan ............................................................................................................................................... I11-19 2. Minimum Requirements of the Specific Plan.................................................................................................................... I11-19 3. Severability ...........................................................................................................................................................111-19 P. Temporary Use Permits for Outdoor Live Entertainment (Temporary Pilot Program Expires August 8, 2025)..................................................111-19 City of Temecula — Old Town Specific Plan iii 8. Parking................................................................................................................... ............................ _ ....... IV-103 9. Railroad Turntable Preservation Incentives..................................................................................................................... IV-103 10. Civic District Land Use and Development Standards.........................................................................................................IV-105 H. Circulation and Streetscape Standards.............................................................................................................................................. IVY-107 1. Old Town Sidewalk Standards.................................................................................................................................... IV-107 a. Current Sidewalk Conditions............................................................................................................................ IV-107 b. Sidewalk Design Standards ................................ ............................................................................................... IV-107 c. Required Sidewalk Configuration Between the Property Line and Build -to Line............................................................... IV-108 d. Sidewalk Cross Sections................................................................................................................................. IV-109 e. Removal of Wooden Boardwalk.........................................................................................................................IV-110 f. Establishment of the Sidewalk Zones.................................................................................................................. IV-111 i. Curb Zone........................................................................................................................................IV-1 I I ii. Street Furnishing Zone........................................................................................................................ IV-112 iii. Pedestrian Zone............................................................................................... .....IV-113 ............................ iv. Frontage Zone..................................................................................................................................IV-113 g. Typical Sidewalk Zone Widths..........................................................................................................................IV-114 2. Old Town Street Standards........................................................................................................................................ IV-115 a. Typical Street Cross Sections........................................................................................................................... IV-115 b. Moreno Road (north and south loop) Cross Sections................................................................................................ IV-115 c. Termination of Third Street and Fifth Street Adjacent to Murrieta Creek........................................................................ IV-127 3. Traffic Calming Measures..........................................................................................................................................IV-130 a. Curb-Bulb-outs............................................................................................................................................ IV-131 b. Speed Tables and Raised Crosswalk....................................................................................................................IV-132 c. Designated/Marked Crosswalks.........................................................................................................................IV-132 d. Roundabouts............................................................................................................................................... IV-133 4. Old Town Street Tree Standards.................................................................................................................................. IV-134 a. Existing Conditions....................................................................................................................................... IV-134 b. Required Street Tree Design Standards................................................................................................................ IV-135 c. Street Tree Placement..................................................................................................................................... IV-136 d. Example- Conceptual Street Tree Plan.................................................................................................................IV-1.37 e. Tree Grate Specifications.................................................................................................................................IV-137 f. Street Tree Landscape Palette............................................................................................................................IV-138 5. Old Town Mobility Concept....................................................................................................................................... IV-1.41 a. Street Improvements...................................................................................................................................... IV-141 i. Roundabout Improvements.................................................................................................................... IV-141 b. Pedestrian Connections/Pedestrian Bridges............................................................................................................IV-141 c. Transit Stops ........................................ ....................................................................................................... IV-142 d. Multi -Use Trails...........................................................................................................................................IV-1.42 1. Alley Standards............................................................. .................................................................................................... IV-145 1. Public Alley Cross Section and Construction Requirements..........................................................................................................IV-146 a. Utilities......................................................................................................................................................IV-148 City of Temecula — Old Town Specific Plan viii 111. ADMINISTRATION AND HISTORIC PRESERVATION CONTENTS: A. Introduction..................................................................................................................................................................... III-2 B. Authority for the Plan.......................................................................................................................................................... III-2 C. Relationship to the General Plan.............................................................................................................................................. III-2 D. Relationship to Other Codes......................................................................................................................................................11I-2 E. Relationship to the California Environmental Quality Act.................................................................................................................111-3 1. Cultural and Historic Resources...................................................................................................................................111-3 F. Relationship to Other Regulations............................................................................................................................................ 111-5 G. Non -Conforming Uses and Structures........................................................................................................................................III-5 H. Temecula Historic Preservation District............................................................................................................................................III-6 1. Purpose and Intent.........................................................................................................................................................111-6 2. Historical Background....................................................................................................................................................111-6 3. Establishment of the Temecula Local Historic Preservation District.............................................................................................. III-6 4. Temecula Local Historic Register.................................................................................................................................111-6 1. Old Town Local Review Board...............................................................................................................................................111-11 1. Powers and Duties of the Old Town Local Review Board..........................................................................................................111-11 2. Project Types and Old Town Local Review Board Review Requirements.................................................................................. I11-12 a. Level One Projects........................................................................................................................................111-12 b. Level Two Projects ........................ .............................................................................................................. 1111-12 3. Finding of Historic Appropriateness...............................................................................................................................111-13 a. Findings to Approve or Deny a Finding of Historic Appropriateness Application.............................................................. I11-14 J. Building Permits and Prohibitions .................. ....... ................................................................................................................... 111-15 K. Maintenance and Care......................................................................................................................................................... 111-15 L. Additional Provisions for Historic Structures......................................................................................................................................111-15 M. Approval Authority ............................................................................................................................................................ I11-15 N. Temporary Use Permits........................................................................................................................................................... III-17 1. Purpose and Intent....................................................................................................................................................111-17 2. Permitted Uses....................................................................................................................................................... III-17 a. Major Temporary Use Permit........................................................................................................................... 11I-17 b. Minor Temporary Use Permit........................................................................................................................... III-17 3. Authority ..............................................................................................................................................................111-18 4. Findings................................................................................................................................................................111-18 5. Conditions of Approval..............................................................................................................................................111-18 6. Revocation............................................................................................................................................................111-18 O. General. Provisions and Regulations........................................................................................................................................ III-19 1. Effect of the Specific Plan............................................................................................................................................... I11-19 2. Minimum Requirements of the Specific Plan.................................................................................................................... I11-19 3. Severability ...........................................................................................................................................................111-19 P. Temporary use permits for outdoor live entertainment (Temporary Pilot Program Expires August 8, 2025) ..................................................... 111-19 City of Temecula — Old Town Specific Plan III. ADMINISTRATION AND HISTORIC PRESERVATION TABLE IH-4: APPROI[ tL AUTHORITY Application Type OTLRB Review Administrative Director of Planning Commission City Council Approval Planning Approval A royal Approval Development Plan — 10,000 s.f. and under X, X6 Development Plan — over 10,000 s.f. X' X Major Modification X2 V 6 X3 X' Minor Modifications X' X`' Minor Conditional Use Permit — existing X4,6 building Conditional Use Permit X5.6 X5 Finding of Historic Appropriateness V 7 X6,' X6•7 V X' Temporary Use Permit' X6 Footnotes: 1.) Considered a Level One Project which does not require the review and approval of the OTLRB. However, the Planning Director may forward a Level One Project to the OTLRB if the project has the potential to have significant aesthetic impacts or special significance. 2.) Considered a Level Two Project which requires review and recommendation by the OTLRB before the project can be approved by the appropriate approving authority. 3.) Major Modifications may be approved administratively if the project was originally approved by the Director of Planning. Projects which were approved by the Planning Commission or City Council must be considered by the original approving body. Increases in building square footage that results in a building larger than 10,000 square feet shall be heard by the Planning Commission. 4.) Minor Conditional Use Permits, which are for conditionally permit uses to be conducted within an existing building, may be approved by the Director of Planning at a noticed public hearing. 5.) A Conditional Use Permit with a Development Plan shall be approved by the hearing body required for the Development Plan. 6.) For matters that are considered to have unique circumstances, special significance or aesthetic impacts, the Director of Planning may refer such matters to the Planning Commission. 7.) All applications for a Finding of Historic Appropriateness shall be reviewed by the OTLRB. A Finding of Historic Appropriateness may be issued either administratively, by the Director of Planning, by the Planning Commission, or by the City Council as part of the approval process for any Minor Modification, Major Modification, or Development Plan. The appropriate approval authority shall be based upon the approval authority for the application type. 8.) Outdoor Dining or Sidewalk Cafes require the approval of a Minor Modification if not approved as a part of the original Development Plan. 9.) Temporary Use Permits are limited to one permit per business per quarter for each calendar year, except as set forth in Section P. City of Temecula— Old Town Specific Plan I11-16 III. ADMINISTRATION AND HISTORIC PRESERVATION. N. TEMPORARY USE PERMIT(TUP) 1. Purpose and Intent The provisions of this chapter shall govern special events and temporary uses on private commercial property in Old Town. Special events on public property in Old Town shall be governed by Chapter 12.12 of the Temecula Municipal. Code, Parades and Special Events on Public Property. The temporary use permit allows for short-term activities or events that may be appropriate within the Old Town Specific Plan area when regulated. Temporary uses shall not exceed ninety days when not occupying a structure, (including promotional activities), or one year for all other uses occupying a structure, or for a shorter period of time as determined by the Director of Planning. Residential model home complexes are exempt from the time Limitations. 2. Permitted Uses Temporary uses in Old Town are divided into two general categories: major and minor. Major temporary uses have a potential to create health and safety problems, can occur on undeveloped property and/or outdoors, may create traffic and noise problems, and/or could potentially disrupt community life or surrounding businesses and residents. Minor temporary uses occur on developed commercial private property and/or indoors, and for very short time periods. Minor temporary uses produce little noise and/or traffic, and have no significant impacts on adjacent properties. Temporary Use Permits are limited to one permit per business per quarter for each calendar year, except as set forth in Section.P of this Chapter. a. Major Temporary Uses The following major temporary uses may be permitted, subject to the review and approval a Major Temporary Use Permit: i. Fairs, festivals, concerts, outdoor live entertainment, and similar activities when not held within a facility designed to accommodate such an event or use such as auditoriums, stadiums, or other public assembly facilities. Major Temporary Use Permits issued for the uses described above are subject to the following requirements: • The number of Major Temporary Use Permits issued for fairs, festivals, concerts, outdoor live entertainment, and similar activities in Old Town may not exceed one per business for every quarter for each calendar year, except as set forth in Section P. Fairs, festivals, concerts, outdoor live entertainment, and similar activities shall not exceed two consecutive days in length. • Major Temporary Use Permits issued for City Sponsored Signature Events and/or special events where the City is the applicant are not subject to the quarterly limit. • Major Temporary Uses for fairs, festivals, concerts, outdoor live entertainment, and similar activities shall not be permitted in the Neighborhood Residential (NR) zoning district. • See Section P of this Chapter for specific regulations pertaining to TUP's for Outdoor Live Entertainment. ii. Real estate offices and model homes within approved development projects. iii. On and off -site contractors' conjunction with an approve( project. x�sif�a' construction yards in active development iv. Christmas tree sales lots. Such activity shall be only held from November I st through December 31 v. Pumpkin sales lots. b. Minor Temporary Uses The following minor temporary uses may be permitted, subject to the review and approval of a Minor Temporary Use Permit. i. Outdoor display and sales of merchandise within the Downtown Core and Residential/Limited Mixed -Use districts that exceed the regulations set forth in Section 17.10.020(K) of the Development Code. Outdoor display and sales of merchandise permitted with a Minor Temporary Use Permit shall not exceed sixteen days per calendar year per business or organization and are subject to the following requirements: • Merchandise displayed or sold must be customarily sold on the premises by a permanently established business. • The maximum number of consecutive days for any one event shall not exceed nine calendar days. • Events exceeding five consecutive calendar days shall be fully enclosed in a tent so as to minimize any aesthetic impacts. • Set-up and take -down of tents, lighting, fencing, merchandise and/or items for the event shall not be counted towards the allowable event days per calendar year, except that set-up shall not exceed one and one-half City of Temecula — Old Town Specific Plan 111-17 Ill. ADMINISTRATION AND HISTORIC PRESERVATION O. GENERAL PROVISIONS AND REGULATIONS 1. Effect of the Specific Plan No person shall use any premises except as specifically permitted by and subject to the regulations of this Specific Plan. Except as otherwise permitted herein, whenever this Specific Plan prohibits the use of property for a particular purpose, those premises and any improvements on the premises shall not be used for that purpose, and no structure or improvement shall be constructed, altered or moved onto the premises which is designed, arranged, or intended to be occupied or used for that purpose. 2. Minimum Requirements of the Specific Plan The provisions of this Specific Plan shall be interpreted and applied as the minimum requirements for the promotion of the public health, safety and general welfare. The Director of Planning shall interpret the Specific Plan based upon the policy directives of the City Council. 3. Severability If any section, subsection, sentence, clause, phrase or portion of this Specific Plan, or future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Specific Plan, or future amendments or additions hereto. The City hereby declares that it would have adopted these requirements and each sentence, subsection, clause, phrase, portions or any future amendments or additions hereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions hereto may be declared invalid or unconstitutional. P. TEMPORARY USE PERMITS FOR OUTDOOR LIVE ENTERTAINMENT 1. Intent and purpose. The City Council desires increased outdoor live entertainment within Old Town. It is the intent and purpose of this section to serve as a pilot program of one (1) year in length, to allow Temporary Use Permits to include temporary outdoor live entertainment, a use previously limited to one per quarter. The expiration date of this pilot program shall be 8, August 2025, unless action is taken by Resolution of the City Council to amend, extend, terminate or make permanent these provisions. The purpose of this Council directed policy is to allow for ancillary outdoor live entertainment in an experimental capacity and is not intended to be the primary use of any establishment. The provisions, permitting process, forms, fees, and findings set forth in section N above for a Major TUP shall be followed unless in conflict with this section in which case this section shall prevail. Establishments that have and maintain in good order a Conditional Use Permit (CUP) that permits outdoor live entertainment are exempt from this section. This section does not permit or authorize any permanent land use or entitlement and does not constitute a vested interest or right of any kind. i. All TUP's issued under this provision shall limit outdoor live entertainment between the hours of 10:00:00 am — 8:59:59 pm, every day of the week. ii. TUP's shall be limited in location to include all aspects of the event, to a developed parcel within the Downtown Core District as shown in Exhibit IV-1: Old Town RegulatinIz Plan. iii. TUP's that intend to serve, sell, or provide alcohol shall obtain any and all required permits or licenses necessary for such alcohol. iv. Establishments permitted for indoor live entertainment shall be subject to these requirements if the establishment opens doors, windows or other means for the transmission of entertainment outdoors. v. TUP's issued under this provision shall be exempt from the requirements of "Note 9" on "Fable 111-4: Approval Authority. vi. All Tt1P's issued under this section shall: a. Prohibit percussion instruments: b. Prohibit Disc Jockevs (DJ's) or similar entertainment from occurring: and c. Prohibit speakers, and similar amplified sound emitting devices, from pointing outward towards neighboring parcels. vii. No TUP shall allow or provide outdoor live entertainment during Santa's Electric Light Parade, July 4°i Parade or any other City sponsored parade in Old Town that closes any portion of Old Town Front Street. viii. All site plans provided for a TUP under this section shall include all audio equipment, speakers, stages, lighting, and all other aspects of the performance. ix. Video, streaming or any form of digital image or sound projection of performances shall not constitute live entertainment. X. All TUP's issued under this section shall comply with Chapter 9.20 (Noise) of the Temecula Municipal Code. City of Temecula— Old Town Specific Plan 111-19 IV. LAND USE AND URBAN DEVELOPMENT STANDARDS 10. Civic District Land Use and Development Standards.........................................................................................................IV-105 H. Circulation and Streetscape Standards.............................................................................................................................................. VI-107 1. Old Town Sidewalk Standards.................................................................................................................................... IV-107 a. Current Sidewalk Conditions............................................................................................................................ IV-107 Tim b. Sidewalk Design Standards...............................................................................................................................IV-107 c. Required Sidewalk Configuration Between the Property Line and Build -to Line............................................................... IV-108 d. Sidewalk Cross Sections................................................................................................................................. IV-109 e. Removal of Wooden Boardwalk.........................................................................................................................IV-] 10 f. Establishment of the Sidewalk. Zones..................................................................................................................IV-] I I i. Curb Zone........................................................................................................................................IV-1 I I ii. Street Furnishing Zone........................................................................................................................ IV-] 12 ... Pedestrian Zone................................................................................................................................IV-1.13 ui iv. Frontage Zone..................................................................................................................................IV-] 13 g. Typical Sidewalk Zone Widths..........................................................................................................................IV-114 2. Old Town Street Standards........................................................................................................................................ IV-115 a. Typical Street Cross Sections........................................................................................................................... IV-115 b. Moreno Road (north and south loop) Cross Sections................................................................................................ IV-115 c. Termination of Third Street and Fifth Street Adjacent to Murrieta Creek........................................................................ IV-127 3. Traffic Calming Measures..........................................................................................................................................IV-130 a. Curb-Bulb-outs............................................................................................................................................ IV-131 b. Speed Tables and Raised Crosswalk....................................................................................................................IV-132 c. Designated/Marked Crosswalks ........................................ ................................... ............ .................................. IV-132 d. Roundabouts............................................................................................................................................... IV-133 4. Old Town Street Tree Standards.................................................................................................................................. IV-134 a. Existing Conditions....................................................................................................................................... IV-134 b. Required Street Tree Design Standards................................................................................................................IV-135 ............................................................... c. Street Tree Placement...................................................................... IV-136 d. Example- Conceptual Street Tree Plan.................................................................................................................IV-137 e. Tree Grate Specifications.................................................................................................................................IV-137 f. Street Tree Landscape Palette............................................................................................................................IV-138 5.Old Town Mobility Concept....................................................................................................................................... IV-141 a. Street Improvements...................................................................................................................................... IV-141 i. Roundabout Improvements.................................................................................................................... IV-141 b. Pedestrian Connections/Pedestrian Bridges............................................................................................................IV-141 c. Transit Stops............................................................................................................................................... IV-1.42 d. Multi -Use Trails...........................................................................................................................................IV-142 1. Alley Standards................................................................................................................................................................. IV-145 1. Public Alley Cross Section and Construction Requirements..........................................................................................................IV-146 a. Utilities......................................................................................................................................................IV-148 2. Private Residential and Commercial Alleyways........................................................................................................................IV-149 3. Preservation of Existing Alleys in Old Town................................................................................................................... IV-149 City of Temecula — Old Town Specific Plan IV-5 IV. LAND USE AND URBAN DEVELOPMENT STANDARDS B. ESTABLISHMENT OF THE ZONING DISTRICTS The following zones have been established within the Old Town Specific Plan area: • Downtown Core District (DTC) • Downtown Core/Hotel Overlay District (DTC/HO) • Residential/Limited Mixed -Use District (R/LMU) • Neighborhood Residential District (NR) • Civic District (CV) • Open Space (OS) Each zone is identified as a spatial district as shown in Exhibit IV-1 Old Town Regulating Plan. Each zone shown in the Old Town Regulating Plan has different development regulations and standards for the physical building form and building placement that shall apply in the Old Town Specific Plan area. 1. Zoning District Boundaries Where boundaries of the Zoning Districts appear to follow streets, the boundary shall follow the centerlines of said streets. Where boundaries appear to follow existing property lines, they shall follow said property lines and shall not bisect portions of existing lots of record which are in effect at the time of adoption of this Specific Plan. The boundaries of the Open Space Zoning District along the channel of Murrieta Creek, however, may bisect adjacent parcels. City of Temecula — Old Town Specific Plan IV-9 IV. LAND USE AND URBAN DEVELOPMENT STANDARDS ']'ABLE IV-]: LAND USE 1IATRIX LIST OF USES Residential -Limited Mixed -Use (WLMU) Downtown Core (D'ITC')/ Downtown Core -Hotel Overlay (DTC/HO) Neighborhood Residential (NR) .Adult Entertainment Businesses - - Alcoholic Beverage Sales C144-5 C15 Art Studio "ith or without a gallery P' P1 Bar, Cocktail L,ouu gc" C - Beer Tasting Establishment'` � '' C'' Bed and Breakfast C C Communitv Care Facility (6 or FeNxer) - P Conummin Care Facility 7 to Id - - C Day Cara/Preschool C C" Day Spa - (Full Service) PI 1' - Drive-thnt BUSInaJSeS (includes catim) cstahlishmcnts and hank,) - - Escape Rooms C C Farmers Market C C - Iiealth and fitness dance, martial arts studio P' 1" Home OCaU ation 1' 1' P Cigar/Hookah Club(private membership only) C C - Hotel P3 1'4 Entertainment See Municipal Codes is See Municipal Code" " Massage Facilities - - Museum - 1' - Nei 'hborhood market_ grocery store 1" 1' - Offiee-Administrative/Professional/Medical P 1'' Perfonnine Arts P Personal Services ]" P2 - Residential -Attached IZesidcutial - Detached - P Residential—Live/AVork C C Restaurant without Alcohol"'' ` ' P' - IZCSWUrttnt "-ith Beer and Wine" P" I" - Restaurant with Beer, Wine, and Distilled Spirits 31 15 C ( - Itcstaurant with Entertainment not including dancing)" 1,15 Sce Municipal Code' tiee Municipal Code5,'a - Re�Lfflrant with Entertainment and.'or Dancing' See Municipal Code' See Municipal Code', t+ City of Temecula — Old Town Specific Plan IV-] I IV. LAND USE AND URBAN DEVELOPMENT STANDARDS - kitloo Studio I'ra& Educational Institution Fntcrtainment Establishment t ine Producin Micro Brewery — (Type 02 ABC' License onl -L P p- - Wine Tasting Facility — (Type 02 ABC License only) !` P8 1)1 - W ine l'astin * Facilitvi` CIO C 1b - Except hotel operations, business activities within the Residential/Limited Mixed -Use and Neighborhood Residential during the hours of 12:00 a.m. and 5:00 a.m, shall require a Conditional Use Permit. Any use not explicitly stated above shall require a use determination by the Planning Commission. P Use is permitted by right C Use is permitted with a Conditional Use Permit - Use is not permitted I. Use is limited to ground floor only. 2. These uses are limited to either the second floor (or higher) or to locations that do not front upon or open directly onto either Old Town Front Street or Main Street. 3. This use is limited to locations that front Moreno Road. Full -service hotel uses with food service and conference facilities at heights greater than three stories but limited to eight stories may be considered under a Conditional Use Permit. Subject to the Supplemental Standards for hotels over 3 stories. 4. Full -service hotel uses with food service and conference facilities in the Downtown Core -Hotel Overlay (DTC/HO) are allowed eight stories. Subject to the Supplemental Standard and Special Use Standards in Section IV.G of this chapter, for hotels over three stories. S. Outdoor entertainment is not permitted in Old Town. City sponsored signature events and/or events when the City is the applicant are exempt. Outdoor live entertainment may be considered for private businesses in Old,'own with a Temporary Use Permit as appropriately conditioned, limited to one event per quarter per Section I1I.N. 6. Ground floor residential not permitted in the Downtown Core area along Old Town Front Street and Main Street. 7. Shall include a store front tasting room. Premises with or without the product sale for off -site consumption is limited to a Department of Alcoholic Beverage Control License Type 02 (Winery/Winegrower). 9. Premises with or without the product sale for off -site consumption is limited to the Department of Alcoholic Beverage Control License Type 02 (Winery/Winegrower). 9. Outdoor Dining or Sidewalk Cafes are permitted in conjunction with a restaurant subject to the review and approval of a Minor Modification or as approved with a Development Plan application. 10. Premises with or without the product sale for off -site consumption applying for any Department of Alcoholic Beverage Control License type other than a Type 02 (Winery/Winegrower). 11. Subject to Chapter 17.10 Supplemental Development Standards of the Development Code. 12. This use is permitted on either the ground floor or second floor. 13. Premises with or without the product sale for off -site consumption is limited to the Department of Alcoholic Beverage Control License Type 23 (Small Beer Manufacturing - Duplicate) 14. Subject to Municipal Code Section 9.10 (Entertainment License) 15. Subject to Municipal Code Section 17.09 (Alcohol). and limited to the Downtown Core District City of Temecula — Old Town Specific Plan lv-1,_ IV. LAND USE AND URBAN DEVELOPMENT STANDARDS - DOWNTOWN CORE AND DOWNTOWN CORE/HOTEL OVERLAY DISTRICT ix. Allowable Encroachments The table below outlines the allowable encroachments between the build -to line and the property line and into the side and rear yard setbacks for buildings located in the Downtown Core and Downtown Core/Hotel Overlay district. Figure IV-9: Allowable encroachments in the DTC and DTC/HO City of Temecula — Old Town Specific Plan Table IV-I1: Allowable Encroachments in Downtown Core/Downtown Core Hotel Overlay District Building Element: Over the build- Over the build -to Into to line (typical line side street Side/Rear lot or lot with (corner lot): Yard setback creek frontage): (with or without alley): A. Architectural features 5 feet maxinnun 5 feet maximum 0 feet such as cornices, eaves, overhangs, and other decorative building elements B. Balconies, patios or IU feet 10 feet maximum 0 feet terraces (above first floor) maximum C. Awning or Canopy 8 10 feet S 10 feet 0 feet maxin, maximum D. Bay Window ? feet maxims rn 2 feet maximum 0 feet E. Urban accent landscaping 3 feet maximum 3 feet maximum —potted, or hanging plants, etc. Table 1V-12: Minimum Vertical Clearance in the Downtown Core and Downtown Core/Hotel Overlay District F. Awnings, canopies, and other architectural features 8 feet minimum such as building projections, eaves, overhangs, and other decorative building elements G. Balconies or terraces (above first floor) 12 feet minimum 1V-28 IV. LAND USE AND DEVELOPMENT STANDARDS f. Street Tree Landscape Palette In order to achieve an urban streetscape, the following tree species (listed below and shown on the Street Tree Map Exhibit IV-3) shall be required to be planted in Old Town. All street trees shall be 36" box size: Old Totvn Front Street London Plane (,Plantus x Acerifolia `Bloodgood') First Street (east of Old Town Front Street): London Plane (Plantus x Acerifolia `Bloodgood') Second Street: London Plane (Plantus x Acerifolia `Bloodgood') Third Street: London Plane (Plantus x Acerifolia Bloodgood') FourthStreet: London Plane (Plantus x Acerifolia `Bloodgood') Fifth Street: London Plane (Plantus x Acerifolia `Bloodgood') Sixth Street (east of Old Town Front Street): London Plane (Plantus x Acerifolia `Bloodgood') Main Street east of .Murrieta Creek: London Plane (Plantus x Acerifolia `Bloodgood') Main Street west of :1 hrrrieta Creek: London Plane (Plantus x Acerifolia `Bloodgood') Mercedes Street: London Plane (Plantus x Acerifolia Bloodgood') ;Moreno Road: London Plane (Plantus x Acerifolia `Bloodgood') City of Temecula- Old Town Specific Plan Pujol Street: London Plane (Plantus x Acerifolia `Bloodgood') First Street (west oj'Old Town Frond ,Street): London Plane (Plantus x Acerifolia `Bloodgood') Sixth Street (west of Old Town Front Street): London Plane (Plantus x Acerifolia `Bloodgood') Felix lalde�: London Plane (Plantus x Acerifolia `Bloodgood') Murrieta Creek Trail: California Sycamore (Platanus Racemosa) Figure IV-101: Liquid Amber Figure IV-102: London Plane IV-138 IV. LAND USE AND DEVELOPMENT STANDARDS 6. Applicability The regulations and criteria contained herein shall apply to all signage within the Downtown Core and Downtown Core/Hotel Overlay, and Residential/Limited Mixed -Use, and Givie PiStFietS. The Neighborhood Residential district shall comply with the residential sign requirements contained in the Temecula Municipal Code using the Design Criteria contained in the Old Town Specific Plan. Photos contained in this chapter are intended to provide visual or illustrative examples and may not be representative of the actual allowable dimensions of sign area. 7. Permit Required Unless specifically stated in these regulations, a sign permit is required prior to placing, erecting, moving, reconstructing, altering, or displaying any sign within the Specific Plan area. All signs are subject to the approval of the Director of Planning. 8. Sign Program A Sign Program is required prior to obtaining a sign permit for new or existing developments that propose to erect or replace a permanent sign where any of the following circumstances exist: a. Whenever a building or center is greater than 100,000 square feet in total building area and has five or more permanent signs. b. Whenever the development contains a historic structure. c. Whenever a proposed permanent sign exceeds or cannot comply with the standards required by this chapter due to unique characteristics of the site or the unique characteristics of the building facade upon which the sign is placed. 9. Prohibitions No person shall erect, re -erect, construct, enlarge, alter, move, improve, remove, convert, or equip any sign or sign structure or cause or permit the same to be done contrary to, or in violation of, the provisions of these sign regulations. 10. Prohibited Signs in Old Town • Freestanding signs • Roof mounted signs • Animated, rotating, moving, emitting or flashing signs • Balloon signs • Iridescent materials or day-glow/fluorescent colors • Ambient air balloons • Internally illuminated channel letters signs • Internally illuminated can or cabinet signs • Front facing exposed bulbs • Window signs above the second story (except when in compliance with Section IV.J.13A). • Paper, cloth, or plastic streamers or bunting- except holiday decorations Acceptable dnrim� the hours of City Sponsored events only.) • Formed plastic signs • Paper signs affixed to the inside or outside of the facade or window • Exposed raceways • Traffic sign replicas • Multiple repetitive signs or repetitive use of words or symbols as a sign element is not permitted except for a single band of letters on the inside of a glass storefront • Any sign not permitted by this Specific Plan • Any sign prohibited by the Development Code and not expressly permitted in this Specific Plan • Signs within the public right-of-way, unless approved by the Public Works Director and the Planning Director. 11. Temporary Banners Temporary Banner signs in the Downtown Core, Downtown Core/Hotel Overlay, Residential/Limited Use, Neighborhood Residential and Open Space shall be non -illuminated and shall comply with the Temecula Municipal Code, except the following: a. Temporary Banner signs shall not exceed 32 sq. ft. b. Neon colored or day glow signs are prohibited. c. Temporary Banner signs may be attached to banisters or other elements of the building or site. d. Temporary Banner signs in the Civic Zone are intended to benefit businesses within Old Town and the Community through special events that attract residents and tourists to Old Town and Temecula. Design and duration of temporary signage placed in the Civic District (CV) may vary or exceed the limitations of the other Districts as needed to support City of Temecula — Old Town Specific Plan IV-153 IV. LAND USE AND DEVELOPMENT STANDARDS community events, City sponsored signature events, or civic activities within Old Town. 12. Temporary Portable Sign a. One temporary portable sign (such as an A -frame or a movable pole sign) is allowed per business. b. Portable signs may encroach 4 3 feet into the "Frontage Zone" and shall be placed at the primary entryway of the business. A portable sign shall not extend within the public right-of-way or block the free movement of pedestrians. c. The size shall not exceed four feet high and three feet wide. d. A portable sign shall not be placed within the Pedestrian Zone. e. Portable signs shall not be illuminated or plastic. Portable signs shall be constructed of high quality, durable materials, subject to the review and approval of the Director of Planning. E A portable sign is intended for daily restaurant or store specials and shall be entirely removed and placed inside the building during non -business hours. g. No permit is required for portable signs that comply with these provisions. Figure IV-/ 13 a,b: l xample of 'a portable sign. 13. Sign Placement a. Except as provided below, signs shall be placed on the building facade above the primary public entrance for the business. b. Tenant wall signs shall be placed no higher than the lowest of the following points on the building facade: i. 25 feet above grade ii. Bottom of the sill line of the second floor windows iii. Cornice line/signage band on the first floor of the building c. Signs shall be placed in harmony with the architecture and facade of the building. d. The following signs may be located above the first floor, provided they are not internally illuminated: i. Building Name Signs that are painted, etched, or applied directly to the wall with three dimensional channel cut letters not to project more than 2 inches from the surface. ii. Window Signs (gold leaf and/or black colored); however, not above the second floor and only one window per frontage per business. iii. Signs on public buildings located within the Civic Overlay. iv. Non -illuminated tenant signs shall be permitted on the second or third story (not above third floor) when the primary entrance of the business is located on the second or third floor and the primary business entrance door is external to the building accessed only by an external balcony or walkway via an external elevator/stairway or courtyard. Signs shall be placed at business frontage only. v. When a business or tenant occupies more than 50 percent of the total gross building area the tenant or business may have a sign on the third or fourth story of the building. min 1� Lim Nil Figure IV-114a: Example of inappropriate sign placement. Sign placement ignores the architectural scale of the facade and obscures the horizontal and vertical elements of the building. Figure IVI14b: l xample of appropriate sign placement that respects the architectural scale of the facade. The signage fits entirely ivithin the horizontal and vertical elements of the building. City of Temecula — Old Town Specific Plan IV-154 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTALISHING AN ENTERTAINMENT LICENSE FEE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council has the authority to establish application review fees. As such, the City Council has the authority to establish a fee for the review of Entertainment License applications. Section 2. The City Council herby finds and determines that, based upon its review of the information and analysis of City Staff, the proposed establishes a reasonable fee for staff to conduct Entertainment License application reviews. Section 3. The City Council herby approves the following fee schedule: Entertainment License Class Fee Class I $100 Class II $250 Class III $500 Class IV $500 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9tn day of July, 2024. James Stewart, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of July, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Notice of Public Hearing THE CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Case No.: Long Range Project No. LR23-0429 Applicant: City of Temecula Location: Citywide Proposal: 1. Adopt an ordinance of the City Council of the City of Temecula amending Titles 9, and 17 of the Temecula Municipal Code to 1) implement and define a class iv entertainment license, 2) amend table 17.08.030 (schedule of permitted uses commercial/office/industrial districts) to 3) implement and define a Class IV Entertainment License, 4) amend Table 17.08.030 (Schedule of permitted uses commercial/office/industrial districts) to include Class IV Entertainment Establishment as a non -permitted use in all zones but allowed in the old town specific plan and adding a note referencing chapter 17.09 (Alcohol), 5) create a new chapter 17.09 (Alcohol) and relocate all alcohol requirements from chapter 17.10 (Supplemental development standards) to chapter 17.09 (Alcohol), 6) create standards for Entertainment Establishments; 2. Adopt a Resolution of the City Council of the City of Temecula adopting Specific Plan Amendment No. 11 to the Old Town Specific Plan to 1) add Class IV Entertainment Establishment as a permitted use in the downtown core district 2) implement a one year outdoor live entertainment pilot program; and 3. Adopt a Resolution of the City Council of the City of Temecula establishing a Class IV Entertainment License Fee. Environmental Action: In accordance with the California Environmental Quality Act ("CEQA"), the proposed projects are exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15061(b)(3)). PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: July 9, 2024 TIME OF HEARING: 6:00 PM On June 5, 2024, the Planning Commission considered the draft Ordinance amending Titles 9 and 17 of the Municipal Code and adopted a Resolution 2024-08 recommending that the City Council adopt the ordinance with the following changes: (1) revise Section 9.10.125(B)(1) to address the processing of one class IV entertainment establishment license on a first come, first served basis; (2) adding a new Section 9,10.125(C)(4) to establish standards for alcohol sales identification through wristbands, and (3) clarify the language regarding the hours of last call. On June 5, 2024, the Planning Commission considered the draft Resolution amending Titles 9 and 17 of the Municipal Code and adopted a Resolution 2024-08 recommending that the City Council adopt Specific Plan Amendment No. 11 to the Old Town Specific Plan with the revision that any temporary use permits for outdoor live entertainment be subject to the City's noise ordinance. AVAILABILITY OF MATERIALS RELATED TO THE PROPOSED RESOLUTION ADOPTING FEES FOR CLASS IV ENTERTAINMENT LICENSES: Pursuant to Government Code sections 66016, and 66018, the City will: (a) make available to the public, at least ten (10) days prior to its public hearing, data indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including General Fund revenues; (b) mail notice at least fourteen (14) days prior to this meeting to all interested parties that have requested notice of new or increased fees or service charges. This data will be posted on the City's website at www.TemeculaCA.gov, not less than ten (10 days) prior to the public hearing. Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed draft ordinance and draft resolutions may be viewed at the public information counter, Temecula Civic Center, Community Development Department, 41000 Main Street, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project(s) may be addressed to Mark Collins, City of Temecula Community Development Department, (951) 506-5172. City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov VIA -ELECTRONIC SUBMITTAL CEQAProces sing_gasrclkrec. com July 24, 2024 Supervising Legal Certification Clerk County of Riverside P.O. Box 751 Riverside, CA 92501-0751 SUBJECT: Filing of a Notice of Exemption for Long Range Application No. LR23-0429 Dear Sir/Madam: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) please find a receipt in the amount of $50.00, for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The City of Temecula is paying the $50.00 filing fee under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee. Also, please email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below. If you have any questions regarding this matter, please contact Mark Collins at email Mark. Collins(cr� TemeculaCA. gov. Sincerely, Matt Peters Acting Director of Community Development Attachments: Project Notice of Exemption Form County Administrative Filing Fee Receipt City of Temecula Community Development Planning Division Notice of Exemption TO: County Clerk and Recorders Office FROM:Planning Division County of Riverside City of Temecula P.O. Box 751 41000 Main Street Riverside, CA 92501-0751 Temecula, CA 92590 Project Title: Long Range Application No. LR23-0429, Alcohol Description of Project: An Ordinance of the City Council of the city of Temecula amending Titles 9 and 17 of the Temecula municipal code to 1) implement and define a class IV entertainment license, 2) amend Table 17.08.030 (Schedule of permitted uses commercial/office/industrial districts) to include class IV entertainment establishment as a non permitted use in all zones but allowed in the old town specific plan and adding a note referencing chapter 17.09 (alcohol), 3) create a new chapter 17.09 (alcohol) and relocate all alcohol requirements from chapter 17.10 (supplemental development standards) to chapter 17.09 (alcohol), 4) create standards for entertainment establishments , and adopt a resolution of the city council of the city of Temecula adopting specific plan amendment No. 11 to the Old Town Specific Plan to 1) add class IV entertainment establishment as a permitted use in the downtown core district 2) implement a one year outdoor live entertainment pilot program and a resolution of the city council of the city of Temecula establishing a class IV entertainment license fee. Project Location: Citywide Applicant/Proponent: City of Temecula The City Council approved the above described project on July 23, 2024 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended. Exempt Status: (check one) ❑ Ministerial (Section 21080(b)(1); Section 15268); ❑ Declared Emergency (Section 21080(b)(3); Section 15269(a)); ❑ Emergency Project (Section 21080(b)(4); Section 15269(b)(c)); ❑ Statutory Exemptions (Section Number: ) ® Categorical Exemption; (Section Number 15061 (b)(3)) ❑ Other: Section 15162 Categorical Exemption Statement of Reasons Supporting the Finding that the Project is Exempt: In accordance with the California Environmental Quality Act (CEQA), the proposed ordinance has been deemed to be exempt from further environmental review as there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed ordinance amends Titles 9 and 17 of the Temecula Municipal Code to implement the Type 90 ABCLicense, updates standards for alcohol serving businesses and relocates all alcohol standards to a new chapter (Chapter 17.09 `Alcohol'), update the Old Town Specific Plan to implement a temporary outdoor live entertainment program and establish fees for such applications. The proposed changes do not authorize any construction and no physical changes to the environment will occur as a result of this action. Contact Person/Title: Mark Collins/Associate Planner Signature: Matt Peters, Acting Director of Community Development Date received for filing at the County Clerk and Recorders Office: Phone Number: (951) 506-5172 Date: Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: July 9, 2024 SUBJECT: Introduce Ordinance Amending Chapter 8.48, Heritage Tree Ordinance, of the Temecula Municipal Code in its Entirety to Establish the City of Temecula Protected Tree Ordinance PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council introduce an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 8.48, HERITAGE TREE ORDINANCE, OF THE TEMECULA MUNICIPAL CODE IN ITS ENTIRETY SO AS TO ESTABLISH THE CITY OF TEMECULA PROTECTED TREE ORDINANCE AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15378 (13)(5) AND 15061 (13)(3) SUMMARY OF ORDINANCE: An Amendment to Chapter 8.48, Heritage Tree Ordinance, of the Temecula Municipal Code, in its entirety, so as to establish the City of Temecula Protected Tree Ordinance and Finding that this Ordinance is Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15378 (b)(5) and 15061 (b) (3). The Amendment will incorporate the City's Urban Forest Management Plan (UFMP) which sets forth the City's policies and guidelines for planting and maintenance programs for the care and protection of its trees. The Public Works Director shall periodically update and make revisions and amendments to the plan, subject to City Council approval. This plan shall include the species, sizes, and locations of street trees to be planted. The Amendment will set forth that trees on the street tree master list shall be designated by the Director and approved by the City Council. The list shall be reviewed periodically by the Director and planning commission and shall be kept on file in the Director's office. Additionally, the Amendment is established to recognize oak tree species (Quercus spp.), California bay laurel (Umbellularia californica), California black walnut (Juglans californica), toyon (Heteromeles arbutifolia), and California sycamore (Platanus racemosa) trees, and other mature trees as significant valuable ecological resources as well as valuable environmental assets of special significance to the community. The Amendment also includes the application of management techniques to control the pruning, cutting, shaping, and for the removal or relocation of Protected Trees. The preservation program outlined in this Chapter will contribute to the welfare and aesthetics of the community and retain the historical significance of these trees. BACKGROUND: On July 14, 2009, the City Council adopted the Heritage Tree Ordinance, adding Chapter 8.48 to Title 8 of the Temecula Municipal Code. On March 15, 2019, the Department of Public Works applied to the California Department of Forestry and Fire Protection (CAL Fire), for the Temecula UFMP and Inventory project, for consideration of grant funding from the 2019/20 CAL Fire Urban and Community Forestry Program. On March 20, 2019, the City was notified that it had been awarded grant funding in the amount of $323,930 for the project. The project was to include the planting of approximately 300 trees, to develop a tree inventory and canopy assessment, preparing an Urban Forest Management Plan, update ordinance and policy updates, and providing tree -planting events for community input. In addition, as part of the grant program guidelines and overall project close out requirements, the City is to formally adopt the Urban Forest Management Plan. The Public Works Department staff, along with Dudek, a consulting services firm, developed and completed the City of Temecula's UFMP. The UFMP provides an outline of Temecula's urban forest that will be implemented over the next 40 years, including a strategic plan with goals, objectives, and actions based on identified needs. The UFMP incorporates the current Street Tree Master Plan, the City's existing tree inventory and canopy analysis, and key findings as to current practices, plans, policies, and ordinances. In accordance with the Urban and Community Forestry Program Grant Guidelines, applicants must agree to officially adopt the UFMP as a guiding policy document in an ordinance, a general plan element, or other binding, enforceable way as approved by CAL Fire. On February 27, 2024, the City Council approved Resolution No. 2024-15 to adopt the Urban Forest Management Plan in accordance with the CAL Fire 2019/2020 Urban and Community Forest Program Grant Guidelines. On March 20, 2024, staff provided a staff report and brief presentation regarding the Amendment to Chapter 8.48 to the Planning Commission, and after considerable review, multiple questions posed, and recommendations made by Members of the Planning Commission, staff was asked to take the additional time needed to address the Commissioners requests and bring the item back for consideration at a later meeting. On April 17, 2024, staff met with the Planning Commissions Municipal Code Maintenance Sub - Committee, including Commissioner's Hagel and Ruiz. At the meeting, staff presented the list of the most pertinent issues brought about at the March 20, 2024 meeting, and reviewed each topic with the Commissioner's. Items discussed included additional fire hardening, health & safety concerns, clarification of the permit application and approval processes, violations, enforcement, and restitution, and on -site and off -site removal or relocation specifications. On June 19, 2024, staff provided a brief staff report and presentation in continuance of the Protected Tree Ordinance Amendment, Chapter 8.48 to the Planning Commission, whereas the Planning Commission unanimously approved to recommend that the City Council adopt an Ordinance amending Chapter 8.48 of the Temecula Municipal Code, as the Protected Tree Ordinance. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review as there is no possibility the proposed ordinance would have a significant impact on the environment pursuant State CEQA Guidelines Sections 15061 (b)(3) and 15378 (b)(5). The amendment to Chapter 8.48 of the Temecula Municipal Code makes revisions to the Heritage Tree Ordinance and updates to tree care and preservation regulations. The amendment does not permit any physical changes to the environment and no construction of any kind will occur due to the passage of this Ordinance. A Notice of Exemption will be prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. FISCAL IMPACT: None ATTACHMENTS: 1. Ordinance 2. Ordinance with Markups 3. CEQA — Notice of Exemption 4. Notice of Public Hearing ORDINANCE NO.2024- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 8.48, HERITAGE TREE ORDINANCE, OF THE TEMECULA MUNICIPAL CODE IN ITS ENTIRETY SO AS TO ESTABLISH THE CITY OF TEMECULA PROTECTED TREE ORDINANCE AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15378 (B)(5) AND 15061 (B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 8.48 (Heritage Tree Ordinance) of the Temecula Municipal Code in its Entirety is hereby amended in its entirety to read as follows: § 8.48.100. Title. This chapter shall be known as "The City of Temecula Protected Tree Ordinance" and is hereby amended in its entirety to read as follows: § 8.48.110. Purpose. A. This Chapter will incorporate the City's Urban Forest Management Plan which sets forth the City's policies and guidelines for planting and maintenance programs for the care and protection of its trees. The Public Works Director shall periodically update and make revisions and amendments to the plan, subject to City Council approval. This plan shall include the species, sizes, and locations of street trees to be planted. B. This Chapter will set forth that trees on the street tree master list shall be designated by the Director and approved by the City Council. The list shall be reviewed periodically by the Director and Commission and shall be kept on file in the Director's office. C. This Chapter is established to recognize oak (Quercus spp.), California Bay Laurel (Umbellularia californica), California Black Walnut (Juglans californica), Toyon (Heteromeles arbutifolia), and California Sycamore (Platanus racemosa) trees as well as other mature trees as significant valuable ecological resources as well as valuable environmental assets of special significance to the community; and to justify special efforts to preserve and protect them from development activity. D. This Chapter will also encourage the application of management techniques to control the pruning, cutting, shaping, removal, and relocation of Protected Trees within the city. The preservation program outlined in this Chapter will contribute to the welfare and aesthetics of the community and retain the great historical and environmental value of these trees. § 8.48.120. Applicability. A. Except as noted under subsection B of this section, this Chapter shall applyto: 1. Any Protected Tree that is located on private property; 2. Any development application that requires a discretionary permit; 3. Any tree designated as a Protected Tree through the nomination process; or 4. Designated species pursuant to Section 8.48.160(A). B. This Chapter shall not apply to: 1. Statutory extensions of time for previously approved parcel and tract maps when there are no changes to the project and no amendments to the adopted conditions of approval; 2. Previously adopted specific plans and future specific plan areas. Such plans contain their own requirements for protection and preservation of Protected Trees. § 8.48.130. Definitions. For purposes of this Chapter, the following words and phrases shall have the meaning set forth in this section. "Certified arborist" are third party arborists that are certified by either the International Society of Arboriculture (ISA) or the American Society of Consulting Arborists (ASCA). "City" means the city of Temecula. "City right-of-way" means the part of the public street right-of-way between the curb, or edge of paved roadway where there is no curb, and the property line separating the street right-of-way from abutting private property. Parkways are generally used for public sidewalks, public utility poles, fire hydrants, street signs and other public facilities. "City's tree policy" means a document prepared by the public works department which states policies, standards, procedures, and other relevant information regarding the selection, planting, maintenance, and removal of all city trees. "Cutting" means the detaching or separating, from a protected tree, any limb, branch, or root. Cutting shall include pruning. "Damage" means any unpermitted action, including, but not limited to, cutting, poisoning, over watering, removal, relocation, transplanting, trenching, excavating, or paving within the protected zone of a tree, that causes the injury, death, or disfigurement of a Protected Tree. "Director" means the City's Director of Community Development or his or her designee or such person as designated by the City Manager. Director shall also mean the Director of Planning or Planning Director as used elsewhere in this Code. "Discretionary permit" means an application for new construction that requires the exercise of judgment or deliberation or decision on the part of the decision -making authority in the process of approving or disapproving a particular activity, as distinguished from situations where the decision - making authority merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. "Deadwood" means limbs, branches, or a portion of a tree that contains no green leaves during a time of year when they would be present on a healthy tree of that type. "Development" means the improvement or use of real property that requires the city's discretionary review and approval. "Drip line" means the area from the trunk of a tree to the outermost edge of the tree canopy. "Excessive pruning" means removing more branches, stems, and roots than necessary to accomplish the desired objective. Typical maintenance requires that no more than twenty-five (25) percent of a tree's total number of major branches or canopy volume be removed in a single year. Any maintenance that requires pruning in excess of the twenty-five (25) percent threshold described in this section can injure a tree and is prohibited unless approved by the tree manager. "Encroachment" means any intrusion into or human activity within the protected zone of a Protected Tree including, but not limited to, pruning, grading, excavating, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements. "Hazard" or "hazardous" means a tree, or part of a tree, that has been assessed for risk and found to be very likely to fail and cause severe consequences by causing injury, damage, or disruption. "Injury" means any damage to a tree resulting from any activity, including but not limited to excessive pruning, cutting, topping, trenching, excavating, altering the grade, paving or compaction within the tree protection zone, including deliberate damage such as vandalism. "International Society of Arboriculture (ISA)" is a tree care industry (private and public) membership association and credentialing program for the professional practice of arboriculture. "Licensed landscape architect" means an individual who holds a professional license to practice landscape architecture, as defined under Business and Professions Code (BPC) Section 5615 or is licensed by the state of California Landscape Architects Technical Committee (the licensing and regulatory agency for the practice of landscape architecture in California). "Oak Tree" means any oak tree of the genus Quercus including, but not limited to, California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus dumosa), Engelman Oak (Quercus engelmannii), Scrub Oak (Quercus berberidifolia), and Valley Oak (Quercus lobata). "Owner" means a legal owner of real property within the city of Temecula or any lessee of the owner. "Person" means any individual, firm, association, corporation, organization, or partnership or any city, county, district, the state or any department or agency thereof. "Planning director" means the city's planning director, or designee. "Private property" means any land or property not owned by the City or another governmental agency. "Protected Tree" means a tree designated as a Protected Tree pursuant to Section 8.48.160 of this Chapter. "Protected Tree grove" means a location confirmed by site visit or other empirical evidence that is known to contain multiple Protected Trees. Such -Protected Tree grove areas may occupy portions of one or more parcels, the location(s) of which shall be indicated on maps maintained by the planning department. "Protected Tree Preservation and Protection Guidelines" means the collection of administrative rules, procedures, and requirements prepared and published by the Director pursuant to Section 8.48.140 of this Chapter. "Protected zone" means the area extending horizontally outward from the trunk of a Protected Tree to a point five feet beyond the drip line but in no case extending less than fifteen feet from the trunk. "Pruning" means to reduce the size of a tree in order to control the height and spread of a tree, preserve its natural appearance, improve structure, increase safety in the landscape by removing dead, damaged, or diseased branches, or make adjustments which will increase its longevity in an urban environment. "Relocation" means the transplanting of a tree from its original location to another suitable location. "Removal" means the physical removal of a tree or causing the death of a tree through damaging, poisoning, or other direct or indirect action. "Right-of-way" means any dedicated street right-of-way, or recorded easement for maintenance or utility purposes. "Routine maintenance" means pruning, spraying, fertilizing, watering, treating for disease or injury, or other similar acts which promote the growth, health, safety, beauty, and the life of trees. "Special district" means an agency having a board of directors that is voted in by the public, such as a school district or water district. "Street trees" are any City owned or maintained tree located within the City right-of-way or easement, including, but not limited to, park -strips located between the sidewalk and the curb, City - maintained medians, and all trees located within 12 feet from the curb -line in locations where the sidewalk and curb are adjacent. "Tree canopy" means the top layer or crown of maturetrees. "Urban Forest Management Plan (UFMP)" is the City of Temecula's Management Plan, on file with the City Manager. This plan shall be periodically reviewed by the Director of Public Works and Community Development, subject to City Council approval. § 8.48.140. Protected Tree Preservation and Protection Guidelines. The city shall formulate and publish "The City of Temecula Protected Tree Preservation and Protection Guidelines." The planning commission shall have the authority to change, update, or revise the guidelines as necessary in order to implement the provisions ofthis Chapter. § 8.48.150. Protected Tree Preservation and Protection Plan. Upon submittal of an application for a discretionary permit on parcels larger than five acres, the applicant shall also submit a tree inventory as part of the required conceptual landscape plans which shall list and identify all trees located within the proposed project site. Such tree inventory shall identify all trees by their common and scientific names, diameter at standard height, and location on the site. If Protected Trees are identified on site, the applicant shall adhere to the preservation standards contained in the Protected Tree Preservation and Protection Guidelines or may hire a certified arborist or a licensed landscape architect to prepare a Protected Tree Preservation and Protection Plan for each potential Protected Tree to protect them during grading and construction activities and for the life of the project. § 8.48.160. Designation of Protected Trees. Protected Trees are recognized as valued environmental assets and significant aesthetic and ecological resources. Any proposed removal or encroachment upon the canopy or Protected Zone of a Protected Tree shall be subject to the provisions set forth in subsection 8.48.210 Permit Requirements and Exemptions. Protected Trees shall include the following: A. Any of the following species with a trunk diameter that measures twelve (12) inches or more when measured at a point four and a half feet above the natural grade of the base of the tree. Trees with multiple trunks are deemed to have reached the required diameter if the sum of the diameters of the multiple trunks exceeds the diameter required for a single trunk tree by two inches: 1.Oak trees of the genus Quercus including, but not limited to, California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus dumosa), Engelman Oak (Quercus engelmannii), Scrub Oak (Quercus berberidifolia), and Valley Oak (Quercus lobata); 2. California Sycamore (Platanus racemose.3. California Bay Laurel (Umbellularia californica); 4. California Black Walnut (Juglans californica); 5. Toyon (Heteromeles arbutafolia). 5 B. Mature Tree. Any tree that has a trunk diameter larger than twenty-four (24) inches measured at a point four and one-half (4%) feet above the root crown, or trees with multiple trunks if the sum of the diameters of the multiple trunks exceeds the diameter required for a single trunk tree by two inches. A Mature Tree shall not include a Eucalyptus species, although a Eucalyptus species is eligible to be designated as a Protected Tree through the nomination process set forth in subsection C below. C. Designation of Protected Trees Through Nomination. 1. Public Initiated Nominations. Upon the submission of a Protected Tree nomination application by any member of the public, the planning commission may, after holding a noticed public hearing, designate any tree, regardless of species or location, as a Protected Tree if the owner of the subject tree supports the application and the planning commission determines the tree should be preserved and protected due to one or more of the following criteria: a. Rarity. The nominated tree is an unusual species in Temecula, California, or North America; b. Size. The nominated tree is of notable size, height, diameter, or canopy width compared to other trees of the same species; c. Age. The nominated tree is of significantly advanced known or estimated age for its species; d. Historical Association. The nominated tree is related to a historic or cultural building, site, street, person, or event; e. Cultural Appreciation. The nominated tree is of particular value to certain ethnic groups in the neighborhood or the city; f. Neighborhood Appreciation. The nominated tree is supported by multiple indicators including but not limited to letters of support, petition, outdoor gatherings, and celebrations adjacent or related to the tree; g. Planting Defines Neighborhood Character. The nominated tree defines or contributes to the neighborhood aesthetic; h. Profiled in a Publication or Other Media. The nominated tree has received print, internet, and/or video media coverage; i. High Traffic Area. The nominated tree has a high level of visibility and/ or a possible traffic calming effect; j. Low Tree Density. The nominated tree exists in a neighborhood with few trees; k. Extends Between Multiple Properties. The nominated tree has a high level of visibility and provides benefits to two or more adjacent properties; r� 1. Accessible from Public Right -of -Way. The nominated tree possesses high visibility and provides benefits to the general public; in. Important Wildlife Habitat. The nominated tree provides or potentially provides source of shelter and/or food for wildlife; n. Interdependent Group of Trees. The nominated tree is part of a supercanopy and removal may have an adverse impact on adjacenttrees; o. Erosion Control. The nominated tree contributes to soil stability and prevents erosion; p. Wind or Sound Barrier. The nominated tree reduces wind speed or deflects wind, and/or mitigates undesirable noise; q. Prominent Landscape Feature. The nominated tree is a striking and outstanding natural feature; r. Character Defining Form. The nominated tree is an example of good form for its particular species; s. Tree Condition. The condition of the nominated tree shall be a factor in determining its status for protection as a Protected Tree. 2. City -Initiated Nominations. The city, in exercising its police powers, may designate any tree in the city of Temecula as a Protected Tree, regardless of species or size. Any city -initiated Protected Tree nomination application shall be subject to the same noticed public hearing of the planning commission as detailed in Section 8.48.160(C)(1), except that there shall be no application fee and the property owner's consent shall not be required. The property owner shall be notified of the public hearing and will have the opportunity to speak in favor of or against the nomination. A city -initiated Protected Tree nomination application shall be approved only if the decision maker determines that: (i) the tree should be preserved and protected due to its age, size, rarity, location or appearance; or (ii) the tree is determined to be historically significant. A tree shall be deemed historically significant if any of the following findings can be made: a. The tree is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; b. The tree is associated with the lives of persons important in our past; c. The tree embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or d. The tree has yielded, or may be likely to yield, information important in 7 prehistory or history. e. The planning commission or city council, may, when reviewing a development application, designate any tree on the site of the proposed development, regardless of species, as a Protected Tree if it determines the tree should be preserved and protected as a condition of development due to its age, size, rarity, location or appearance. Any Protected Tree so designated shall continue to be a Protected Tree for purposes of this Chapter regardless of whether the approved development is ever initiated. f. Any tree planted as a replacement for a Protected Tree pursuant to this Chapter shall constitute a Protected Tree. g. Any tree designated as a Protected Tree shall cause the applicant/owner to record with the Riverside County clerk and recorder's office a covenant and/or a Notice of Condition Affecting Real Property to protect the tree from future ground disturbing activities. h. If a tree is designated as a Protected Tree under Section 8.48.160(C)(2), the city shall pay the recordation fees. § 8.48.170. Non -liability of city. Nothing in this Chapter shall be construed to impose any liability for damages or a duty of care and maintenance upon the city or its officers, employees, agents, or volunteers. Article 11. Cutting, Removal, Relocation, or Encroachment Upon Protected Trees § 8.48.200. Protected Tree maintenance and preservation. A All owners of real property on which a Protected Tree is located and that is improved, approved for development, or part of or associated with the approved development of another piece of property, including but not limited to property required to be maintained as permanent open space or for recreational purposes, shall maintain such Protected Trees in a state of good health. Failure to do so will constitute a violation of this Chapter. B. Damaging a Protected Tree is prohibited. Each action that damages a Protected Tree shall be a separate violation. § 8.48.210. Permit requirement and exceptions. A. Except as allowed under subsection B of this section, no person shall cut, remove, or relocate a Protected Tree, or encroach into the protected zone of any Protected Tree without first obtaining a Protected Tree Removal or Relocation Permit from the city in accordance with the provisions of this Chapter. B. A Protected Tree may not be cut, removed, relocated, or encroached upon without a Protected Tree Removal or Relocation Permit, except under the following circumstances: 1. Pruning according to International Society of Arboriculture standards and maintenance activities that promote the health and vigor of the tree; 2. The tree has been determined by a city arborist to be irreparably diseased or dead; A peace officer, fireman, civil defense official, or code enforcement officer, or city arborist, has determined in his or her official capacity that the tree poses an imminent danger to the public or to property, in which case the tree may be cut, removed, relocated, or encroached upon only to the extent necessary to avoid the danger presented. The Director shall be promptly noticed of the nature of the emergency and action taken; 4. Fire department personnel have determined that removal of the tree is necessary to their firefighting efforts; 5. An owner of real property is prohibited from obtaining insurance coverage to adequately secure and protect said property; 6. City staff has determined it is necessary to cut, remove, relocate, or encroach upon the tree to prepare a site or undertake an approved capital improvement project that has received environmental clearances under the California Environmental Quality Act; 7. The director of public works or the city traffic engineer has directed the cutting, removal, relocation, or encroachment in order to: (i) maintain public rights -of - way or adequate line -of -sight distances; and (ii) construct improvements within existing or proposed General Plan Circulation Element rights -of -way, adjacent slopes, and appurtenances; 8. Cutting, removal, relocation, or encroachment is required to widen a principal intersection to accommodate additional dedicated turning lanes in accordance with adopted goals, objectives and policies contained in the General Plan Circulation Element; 9. Cutting, removal, relocation, or encroachment occurs as part of construction or maintenance activities for facilities owned or operated by or for a public agency, special district, or a utility company under the jurisdiction of the public utilities commission; § 8.48.220. Permit application and review. A An applicant for a Protected Tree Removal or Relocation Permit shall submit an application on a form designated by the Director and pay the appropriate filing fee as set by council resolution. B. If an application for a Protected Tree Removal or Relocation Permit pertains to five or fewer trees located on a single parcel, the Director, or designee, shall review the application, and approve, deny, or conditionally approve the request. The Director's decision may be appealed to the planning commission, which may uphold, modify, or reverse the decision of the Director. C. The planning commission shall review all applications for a Protected Tree Removal or Relocation Permit not reviewed in the first instance by the Director, or designee. The planning commission shall approve, deny, or conditionally approve the request. The planning commission's review shall be consolidated with its consideration of all other entitlement applications for the property, if any. D. All decisions of the planning commission pursuant to this Chapter may be appealed to the city council in accordance with Section 17.03.090 of the Temecula Municipal Code. § 8.48.230. Standards of approval. A. An application for a Protected Tree Removal or Relocation Permit may be approved only if the decision -maker finds and determines that the requested cutting, removal, relocation, or encroachment is necessary to: 1. Maintain or aid the health, balance, or structure of the Protected Tree; 2. Protect life or property from a danger posed by the Protected Tree that cannot be reduced or eliminated by use of reasonable preservation and/or preventative procedures and practices; or 3. Enable the reasonable and conforming use of the property, which is otherwise prevented by the presence of the tree. B. When deciding whether to approve, deny, or conditionally approve a Protected Tree Removal or Relocation Permit, the decision maker may consider the following factors: 1. Whether a public purpose is being provided by the issuance of the permit or if the removal is primarily to facilitate private development; 2. The overall condition, species, approximate age, size, and general health of the Protected Tree(s) to be removed; 3. A certified arborist's report on the likelihood for survival of any Protected Tree(s) to be relocated; 4. The species, size and number of replacement tree(s) being provided as mitigation; and 5. Other factors as appropriate, in accordance with a certified arborist's or licensed landscape architect's report. C. The decision maker may impose conditions to offset or mitigate the requested cutting, removal, relocation, or encroachment, including, but not limited to, any of the following: 1. The relocation of the subject tree to another location on -site or off -site; 10 2. The on -site planting of three replacement tree which will achieve the same approximate size at maturity as the removed Protected Tree for every one Protected Tree removed; 3. The off -site planting of two forty -eight -inch box trees species which will achieve the same approximate size at maturity as the removed Protected Tree for every one Protected Tree removed when it is not feasible to meet the requirements of Section 8.48.230(C)(2); 4. The initiation of an objectively observable maintenance and care program in accordance with a certified arborist's report to insure the continued health and care of Protected Trees on the property for a period of 5 years; 5. Payment of a fee equal to the cost of procuring, planting, establishing, and maintaining one replacement tree for every one Protected Tree removed, which cost shall be based on the latest edition of either the "Guide for Plant Appraisal" by the International Society of Arboriculture or the "Standards for Valuation of Amenity Trees" of the International Society of Arboriculture. Such payments shall be used solely to fund the cost of replacing trees that have been removed. Article III Violations and Enforcement § 8.48.300. Violations. A. Violations of this Chapter are subject to criminal misdemeanor penalties and administrative citations pursuant to Chapters 1.16, 1.20 and 1.21, of this Code. B. Intimidating, harassing, or otherwise retaliating against any person who seeks to attain compliance with this Chapter is prohibited. C. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter is prohibited. D. A violation of this chapter is declared to be a public nuisance and may be abated pursuant to the procedures I Chapter 8.12 of this Code. § 8.48.310. Remedies. A The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity. The city may seek to remedy any violation of this Chapter by a civil action, including, without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. R If a violation occurs during development, the city may issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection, and the issuance of certificates of occupancy) until a mitigation plan has been prepared by a certified arborist; filed by the developer and approved by the Director. M C. If a violation occurs in the absence of development, or while an application for a building permit or discretionary development approval is pending for the property upon which the tree is located, the Director may: (1) issue a stop work order halting all activity on the parcel; or (2) request the city council issue a temporary moratorium on development of the subject property pursuant to law if the violation is found to be the result of willful misconduct. The purpose of this stop of activity shall be to provide the city an opportunity to determine appropriate mitigation measures, if any, for the tree removal and to ensure such measures are incorporated into any future or pending development approvals for the property. Mitigation measures may be imposed as a condition of any subsequent permits for development on the subject property. § 8.48.320. Restitution. A. In addition to any other remedy or penalty provided for by this Chapter, the city may seek restitution from any person who damages, removes, or relocates a Protected Tree in violation of this Chapter in the form of replacement of the Protected Tree so removed or damaged or a fine in lieu of restitution. The Director shall determine the form of restitution required. 1. If the Director determines that restitution should be made in the form of a replacement of the Protected Trees removed or damaged, the replacement trees shall be the same or similar species of tree, having the approximate size, age, and health as the tree(s) damaged or destroyed, at a ratio of three new replacement trees for every one damaged or destroyed tree. Additional funds will be provided to the City that will cover the cost of the City to water and maintain the replacement trees for a period of three (3) years after planting. The location of such plantings shall be determined by the Director; 2. If the Director determines that payment should be made in lieu of restitution, the payment required shall include but is not limited to, the costs of procuring, transporting, planting, establishing, and maintaining replacement trees for the life of the project at a ratio of two new replacement trees for every one damaged or destroyed tree. The cost of the replacement trees shall be based on the actual replacement cost for the damaged Protected Tree or the latest edition of either the "Guide for Plant Appraisal" by the International Society of Arboriculture or the "Standards for Valuation of Amenity Trees" of the International Society of Arboriculture. Payments made in lieu of restitution shall be used solely to fund the cost of replacing trees that have been damaged or removed in violation of this Chapter. B. If the size of a Protected Tree cannot be determined due to its unauthorized removal, the size shall be determined by measuring the stump that remains, anecdotal evidence, or interpolated from photographs or adjacent trees. The Director shall presume that a missing Protected Tree was in perfect health unless the photographs or other verifiable evidence demonstrates otherwise. C. All decisions of the Direct pursuant to this Section may be appealed to the Planning 12 Commission in accordance with Section 17.03.090 of the Temecula Municipal Code. § 8.48.330. Collection of penalties. A. Fines and payments in lieu of restitution for violation of this Chapter are payable at the city's finance/cashier office. Fines must be paid within thirty business days of the citation date. The city's finance department is authorized to collect all unpaid civil fines. B. Any unpaid costs or penalties, or payments in lieu of restitution imposed pursuant to this chapter shall constitute a special assessment against the real property upon which a violation of this chapter has occurred. All costs and/or fines shall be itemized in a written report of assessment. The Director shall cause a copy of the report and assessment to be served on the owner of the property not less than five days prior to the time fixed for confirmation of the assessment. Service may be made by enclosing a copy of the report of assessment in a sealed envelope, postage prepaid, addressed to the owner at his or her last known address as the same appears on the last equalized assessment rolls of the county of Riverside and depositing the same in the United States mail. Service shall be deemed complete at the time of mailing. C. A copy of the report of assessment shall be posted in the city clerk's office on the bulletin board designated for the posting of agendas, not less than three days prior to the time when the report shall be submitted to the city council. The city council shall hear the report, together with any objections by the property owner. After the assessment is made and confirmed by the city council, it shall be a lien on said property. The lien shall be submitted to the Riverside County tax collector, where it shall be levied on the next regular property tax bills for said property, and collected at the same time and in the same manner as other municipal taxes are collected and shall be subject to the same penalties and procedures under foreclosure and sale in case of delinquency as provided for other municipal taxes. SECTION 2. Chapter 8.49, City Tree Care and Preservation, of the Temecula Municipal Code is hereby repealed. SECTION 3. California Environmental Quality Act Findings. In accordance with the California Environmental Quality Act, this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15378(b)(5) and Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed Municipal Code amendments are minor policy changes, reorganization of existing ordinance provisions, changes required by state law or revisions that reflect the City's standard practice and patterns with respect to preservation, protection, management, and maintenance of trees. The City Council of the City of Temecula hereby adopts a Notice of Exemption for the Ordinance and directs the City Manager to file it as required by law. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. 13 SECTION 5. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. SECTION 7. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , ATTEST: Randi Johl, City Clerk [SEAL] James Stewart, Mayor 14 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2024- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 9th day of July, 2024, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 15 City of Temecula, CA § 8.48.100 Article I General Provisions § 8.48.100. Title. § 8.48.130 This chapter shall be known as "The City of Temecula Her-itage Protected Tree Ordinance" and is referred to herein as the "Ordinanee. hereby amended in its entiretX to read as follows: ( Ord. 09-05 § 1) § 8.48.110. Purpose. A. This Chanter will incorporate the Citv's Urban Forest Management Plan which sets forth the Cit'spolicies and guidelines for planting and maintenance programs for the care and protection of its trees. The Public Works Director shall periodically update and make revisions and amendments to the plan, subject to City Council approval. This plan shall include the species, sizes, and locations of street trees to be planted. B. This Chapter will set forth that trees on the street tree master list shall be designated by the Director and approved by the City Council. The list shall be reviewed Deriodicallv by the Director and Commission and shall be kept on file in the Director's office. C. The pttfpa This Chapter Or-dina-neeis established to recognize to „foteet-� preserve oak (Quercus spp.), California Bay Laurel (Umbellularia californica), California Black Walnut (Juglans californica), Toyon (Heteromeles arbutifolia), Califemia Holly, and California Sycamore (Platanus racemosa) trees as well as other mature trees as significant valuable ecological resources as well as valuable environmental assets of special significance to the community; and to justify special efforts to preserve and protect them from development activity. D. This Chapter O anee will also encourage the application of management techniques to control the pruning, cutting, shaping, removal, and relocation of Heritage Protected Trees within the city. The preservation program outlined in this Chapter O will contribute to the welfare and aesthetics of the community and retain the great historical and environmental value of these trees. ( Ord. 09-05 § 1) § 8.48.120. Applicability. A. Except as noted under subsection B of this section, this Chapter rose shall apply to: 1. Any Protected Tree that is located on private property; between the eity right of way and an adjaeeat residential single RH:nily or- w.,H16 family heme; 2. Any development application that requires a discretionary permit; 3. Any tree designated as a Her-itage Protected Tree through the nomination process; or Downloaded from https:Hecode360.com/TE5022 on 2024-04-11 City of Temecula, CA 4. Designated species pursuant to Section 8.48.160(A). B. This Chapter shall not apply to: 1. Statutory extensions of time for previously approved parcel and tract maps when there are no changes to the project and no amendments to the adopted conditions of approval; 2. Previously adopted specific plans and future specific plan areas. Such plans contain their own requirements for protection and preservation of Heritage Protected Trees. ( Ord. 09-05 § 1) § 8.48.130. Definitions. For purposes of this Chapter O e, the following words and phrases shall have the meaning set forth in this section. "Certified arborist" means are third party arborists that are certified b. either .. t:egister-ed wi the International Society of Arboriculture (ISA) or the American Society of Consultiniz Arborists (ASCA). and annraved by the rlann ne a;,.o, t "City" means the city of Temecula. "City right-of-way" means the part of the public street right-of-way between the curb, or edge of paved roadway where there is no curb, and the property line separating the street ri hg tof- way from abutting private property. Parkways are generally used for public sidewalks, public utility poles, fire hydrants, street signs and other public facilities. "City's tree policy" means a document prepared by the public works department which states policies, standards, procedures, and other relevant information regarding the selection, planting, maintenance. and removal of all city trees. "Cutting" means the detaching or separating, from a protected tree, any limb, branch, or root. Cutting shall include pruning. "Damage" means any unpermitted action, including, but not limited to, cutting, poisoning, over watering, removal, relocation, transplanting, trenching, excavating, or paving within the protected zone of a tree, that causes the injury, death, or disfigurement of a Heritage Protected Tree. "Director" means the City's Director of Community Development or his or her designee or such person as designated by the City Manager. Director shall also mean the Director of Planning or Planning Director as used elsewhere in this Code. "Discretionary permit" means an application for new construction that requires the exercise of judgment or deliberation or decision on the part of the decision -making authority in the process of approving or disapproving a particular activity, as distinguished from situations where the decision -making authority merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. Downloaded from https:Hecode360.com/TE5022 on 2024-04-11 City of Temecula, CA heading,heading baek,st4bing eff-, >tipping,tepping eff-,de heming,le.> and r-ottndi++g-. "Deadwood" means limbs, branches, or a portion of a tree that contains no green leaves during a time of year when they would be present on a healthy tree of that type. "Development" means the improvement or use of real property that requires the city's discretionary review and approval. "Drip line" means the area from the trunk of a tree to the outermost edge of the tree canopy. , w-hieh when depieted on a map, will appea-F as an iffegular- shaped eir-ele tha4 follow "Excessive Drunina" means removing more branches. stems. and roots than necessary to accomplish the desired objective. Typical maintenance requires that no more than twenty-five (25) percent of a tree's total number of major branches or canopy volume be removed in a single year. Any maintenance that requires pruning in excess of the twenty-five (25) percent threshold described in this section can iniure a tree and is Drohibited unless aDDroved by the tree manager. "Encroachment" means any intrusion into or human activity within the protected zone of a age Protected Tree including, but not limited to, pruning, grading, excavating, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements. "Hazard" or "hazardous" means a tree, or part of a tree, that has been assessed for risk and found to be very. ley to fail and cause severe consequences by causing injury, damage, or disruption. "Injury" means any damage to a tree resulting from any activity, including but not limited to excessive pruning, gutting, topping, trenching, excavating, altering the grade, paving or compaction within the tree protection zone, including deliberate damage such as vandalism. "International Society of Arboriculture (ISA)" is a tree care industry (private and publicl membership association and credentialing program for the professional practice of arhoricult ire. "Licensed landscape architect" means an individual who holds a professional license to practice landscape architecture, as defined under Business and Professions Code (BPC) Section 5615 or is licensed by the state of California Landscape Architects Technical Committee (the licensing and regulatory agency for the practice of landscape architecture in California). "Oak Tree" means any oak tree of the genus Quercus including, but not limited to, California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus dumosa), Engelman Oak (Quercus engelmannii), Scrub Oak (Quercus berberidifolia), and Valley Oak (Quercus lobata). "Owner" means a legal owner of real property within the city of Temecula or any lessee of the Downloaded from https:Hecode360.com/TE5022 on 2024-04-11 City of Temecula, CA owner. "Person" means any individual, firm, association, corporation, organization, or partnership or any city, county, district, the state or any department or agency thereof. "Planning director" means the city's planning director, or designee. "Private property" means any land or property not owned by the City or another governmental agency. "Heritage "Protected Tree" means a tree designated as a44eritage Protected Tree pursuant to Section 8.48.160 of this Chapter. "Heritage "Protected Tree grove" means a location confirmed by site visit or other empirical evidence that is known to contain multiple-Her-itage Protected Trees. Such44eritW Protected Tree grove areas may occupy portions of one or more parcels, the location(s) of which shall be indicated on maps maintained by the planning department. "Protected Tree Preservation and Protection Guidelines" means the collection of administrative rules, procedures, and requirements prepared and published by the Director pursuant to Section 8.48.140 of this Chapter. "Protected zone" means the area extending horizontally outward from the trunk of a heritage Protected Tree to a point five feet beyond the drip line but in no case extending less than fifteen feet from the trunk. "Pruning" means the removal of water- pivciiTer-osse limbs, or other- = neap-hy r-anehiffg to reduce the size of a tree in order to control the height and spread of a tree, preserve its natural appearance, improve structure, increase safety in the landscape by removing dead, damaged, _ or diseased branches, or make adjustments which will increase its longevity in an urban environment. "Relocation" means the transplanting of a tree from its original location to another suitable location. "Removal" means the physical removal of a tree or causing the death of a tree through damaging, poisoning, or other direct or indirect action. "Right-of-way" means any dedicated street right-of-way, or recorded easement for maintenance or utility purposes. "Routine maintenance" means aetiensneededfor- the centinued-geod healt'o-aHer-itageTree- pruning, spraying, fertilizing, watering, treating for disease or injury, or other similar acts which promote the growth, health, safety, beauty, and the life of trees. "Special district" means an agency having a board of directors that is voted in by the public, such as a school district or water district. Downloaded from https:Hecode360.com/TE5022 on 2024-04-11 City of Temecula, CA "Street trees" are any City owned or maintained tree located within the City right-of-way or easement, including„ but not limited to, park -strips located between the sidewalk and the curb, City -maintained medians, and all trees located within 12 feet from the curb -line in locations where the sidewalk and curb are adjacent. "Tree canopy" means the top layer or crown of maturetrees. "Urban Forest Management Plan (UFMP)" is the City of Temecula's Management Plan, on file with the City Manager. This plan shall be periodically reviewed by the Director of Public Works and Community Development, subject to City Council approval. (Ord. 09-05 § 1) Downloaded from https:Hecode360.com/TE5022 on 2024-04-11 City of Temecula, CA § 8.48.140 § 8.48.160 § 8.48.140. age Protected Tree Preservation and Protection Guidelines. The city shall formulate and publish "The City of Temecula Heritage Protected Tree Preservation and Protection Guidelines." The planning commission shall have the authority to change, update, or revise the guidelines as necessary in order to implement the provisions of this Chapter O . ( Ord. 09-05 § 1) § 8.48.150. Heritage Protected Tree Preservation and Protection Plan. Upon submittal of an application for a discretionary permit on parcels larger than five acres, the applicant shall also submit a tree inventory as part of the required conceptual landscape plans which shall list and identify all trees located within the proposed project site. Such tree inventory shall identify all trees by their common and scientific names, diameter at standard height, and location on the site. If Heritage Protected Trees are identified on site, the applicant shall adhere to the preservation standards contained in the Heritage Protected Tree Preservation and Protection Guidelines or may hire a certified arborist or a licensed landscape architect to prepare a Heritage Protected Tree Preservation and Protection Plan for each potential Ieritage Protected Tree to protect them during grading and construction activities and for the life of the project. ( Ord. 09-05 § 1) § 8.48.160. Designation of Heritage Protected Trees. Protected Trees are recognized as valued environmental assets and significant aesthetic and ecological resources. Any proposed removal or encroachment upon the canopy or Protected Zone of a Protected Tree shall be subject to the provisions set forth in subsection 8.48.210 Permit Requirements and Exemptions. Protected Trees shall include the following: A. Any of the following species with a trunk diameter that measures twelve (12) inches or more when measured at a point four and a half feet above the natural grade of the base of the tree. Trees with multiple trunks are deemed to have reached the required diameter if the sum of the diameters of the multiple trunks exceeds the diameter required for a single trunk tree by two inches: 1. Oak trees of the genus Quercus including, but not limited to, California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus dumosa), Engelman Oak (Quercus engelmannii), Scrub Oak (Quercus berberidifolia), and Valley Oak (Quercus lobata) more than ei,,..teen inehes in diameter- when meastir-ed at a pei four- feet above the ,,.,+, FE' — ao ,I h base of the tree; Downloaded from https:Hecode360.com/TE5022 on 2024-04-11 City of Temecula, CA 2. California Sycamore (Platanus racemose);more than twelve inehes idiameter- when fneasur-ed at a point fe� feet above the fiattfFal gFade at the base oE.f the tf 3. California Bay Laurel (Umbellularia californica); fRom than twelve inch � in diameter- when measufed at a pein4 �� feet above the natufal gr-ade at the base of the t-r 4. California Black Walnut (Juglans californica); mere than twelve ineheidiameter- when measufed at a peitA fouf feet above the nattifal gr-ade at the base of the t+e 5. Toyon (Heteromeles arbutafolia); (G life,-.,;., Holly) ^„ (T-eyo ' more twelve inehes in diameter- when fneasufed at a point fouf feet above the natu a! gi-7ade a4 the base of the tree; B. Mature Tree. Any tree that has a trunk diameter larger than twenty-four (24) inches measured at a point four and one-half (41/2) feet above the root crown, or trees with multiple trunks if the sum of the diameters of the multiple trunks exceeds the diameter required for a single trunk tree by two inches. A Mature Tree shall not include a Eucalyptus species, although a Eucalyptus species is eligible to be designated as a Protected Tree through the nomination process set forth in subsection C below. Trees of the above listed speeies with ffmitiple tmaks are deemed to have r-eaehed the required diameter if the sum of the diameters of the multiple tFunks exeeeds the diameter- required for- a single tp&nk tf ee by two inehes. C. Designated this Qhaptpf Or-dinanee,designa4e of o dele mined L. , v i7o,;t, .v D, ,1v 7 �v T,00s. 1 !''enef.,l Plan band Use Map Open C', . aee areas; 3. Westem River -side Gott*ty Wildlife Goffidof Linkage Multi Speeies Habitat Gonsefvation o s; Plan importan C. Designation of Her-itage Protected Trees Through Nomination. 1. Public Initiated Nominations. Upon the submission of a Heritage Protected Tree nomination application by any member of the public, the planning commission may, after holding a noticed public hearing, designate any tree, regardless of species or location, as a Heritage Protected Tree if the owner of the subject tree supports the application and the planning commission determines the tree should be preserved and protected due to one or more of the following criteria: Downloaded from https:Hecode360.com/TE5022 on 2024-04-11 City of Temecula, CA a. Rarity. The nominated tree is an unusual species in Temecula, California, or North America; b. Size. The nominated tree is of notable size, height, diameter, or canopy width compared to other trees of the same species; c. Age. The nominated tree is of significantly advanced known or estimated age for its species; d. Historical Association. The nominated tree is related to a historic or cultural building, site, street, person, or event; e. Ethnie Cultural Appreciation. The nominated tree is of particular value to certain ethnic groups in the neighborhood or the city; f. Neighborhood Appreciation. The nominated tree is supported by multiple indicators including but not limited to letters of support, petition, outdoor gatherings, and celebrations adjacent or related to the tree; g. Planting Defines Neighborhood Character. The nominated tree defines or contributes to the neighborhood aesthetic; h. Profiled in a Publication or Other Media. The nominated tree has received print, internet, and/or video media coverage; i. High Traffic Area. The nominated tree has a high level of visibility and/ or a possible traffic calming effect; j. Low Tree Density. The nominated tree exists in a neighborhood with few trees; k. Extends Between Multiple Properties. The nominated tree has a high level of visibility and provides benefits to two or more adjacent properties; 1. Accessible from Public Right -of -Way. The nominated tree possesses high visibility and provides benefits to the general public; m. Important Wildlife Habitat. The nominated tree provides or potentially provides source of shelter and/or food for wildlife; n. Interdependent Group of Trees. The nominated tree is part of a supercanopy and removal may have an adverse impact on adjacenttrees; o. Erosion Control. The nominated tree contributes to soil stability and prevents erosion; p. Wind or Sound Barrier. The nominated tree reduces wind speed or deflects wind, and/or mitigates undesirable noise; q. Prominent Landscape Feature. The nominated tree is a striking and outstanding natural feature; r. Character Defining Form. The nominated tree is an example of good form for its particular species; s. Tree Condition. The condition of the nominated tree shall be a factor in determining its status for protection as a Her-itage Protected Tree. Downloaded from https:Hecode360.com/TE5022 on 2024-04-11 City of Temecula, CA 2. City -Initiated Nominations. The city, in exercising its police powers, may designate any tree in the city of Temecula as a loge Protected Tree, regardless of species or size. Any city -initiated Heritage- Protected Tree nomination application shall be subject to the same noticed public hearing of the planning commission as detailed in Section 8.48.160(C)(1), except that there shall be no application fee and the property owner's consent shall not be required. The property owner shall be notified of the public hearing and will have the opportunity to speak in favor of or against the nomination. A city-initiatedHeritage Protected Tree nomination application shall be approved only if the decision maker determines that: (i) the tree should be preserved and protected due to its age, size, rarity, location or appearance; or (ii) the tree is determined to be historically significant. A tree shall be deemed historically significant if any of the following findings can be made: a. The tree is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; b. The tree is associated with the lives of persons important in our past; c. The tree embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or d. The tree has yielded, or may be likely to yield, information important in prehistory or history. e. The planning commission or city council, may, when reviewing a development application, designate any tree on the site of the proposed development, regardless of species, as a Her-itage Protected Tree if it determines the tree should be preserved and protected as a condition of development due to its age, size, rarity, location or appearance. Any Wig€ Protected Tree so designated shall continue to be a Herbage Protected Tree for purposes of this Chapter O regardless of whether the approved development is ever initiated. f. Any tree planted as a replacement for a Ieritage Protected Tree pursuant to this Chapter O shall constitute a Her-itage Protected Tree. g. Any tree designated as a Her-itage Protected Tree shall cause the applicant/owner to record with the Riverside County clerk and recorder's office a covenant and/or a Notice of Condition Affecting Real Property to protect the tree from future ground disturbing activities. h. If a tree is designated as a Herbage Protected Tree under Section 8.48.160(C)(2), the city shall pay the recordation fees. ( Ord. 09-05 § 1) Downloaded from https:Hecode360.com/TE5022 on 2024-04-11 City of Temecula, CA § 8.48.170. Non -liability of city. Nothing in this Chapter Ofdinanee shall be construed to impose any liability for damages or a duty of care and maintenance upon the city or its officers, employees, agents, or volunteers. ( Ord. 09-05 § 1) Downloaded from https:Hecode360.com/TE5022 on 2024-04-11 City of Temecula, CA Article II. Cutting, Removal, Relocation, or Encroachment Upon Heritage Protected Trees § 8.48.200. Henitage Protected Tree maintenance and preservation. A All owners of real property on which a Her-itage Protected Tree is located and that is improved, approved for development, or part of or associated with the approved development of another piece of property, including but not limited to property required to be maintained as permanent open space or for recreational purposes, shall maintain such Her4tage Protected Trees in a state of good health. Failure to do so will constitute a violation of this Chapter O . B. Damaging a Fler4tage Protected Tree is prohibited. Each action that damages a Herbage Protected Tree shall be a separate violation. ( Ord. 09-05 § 1) § 8.48.210. Permit requirement and exceptions. A. Except as allowed under subsection B of this section, no person shall cut, remove, or relocate a Heritage Protected Tree, or encroach into the protected zone of any Heritage Protected Tree without first obtaining a Her-itage Protected Tree Removal or Relocation Permit from the city in accordance with the provisions of this Chapter Vie. B. A Her-itage Protected Tree may not be cut, removed, relocated, or encroached upon without a Heritage Protected Tree Removal or Relocation Permit, except under the following circumstances: Pruning and routine m mate,,. nee according to International Society of Arboriculture standards and maintenance activities that promote the health and vigor of the tree; 2. The tree has been determined by a' ,mood la,aseape afebi city arborist to be irreparably diseased or dead; A peace officer, fireman, civil defense official, or code enforcement officer, or city arborist, has determined in his or her official capacity that the tree poses an imminent danger to the public or to property, in which case the tree may be cut, removed, relocated, or encroached upon only to the extent necessary to avoid the danger presented. The planning depa tme Director shall be promptly noticed of the nature of the emergency and action taken; 4. Fire department personnel aefively engaged in fighting a fire have determined that removal of the tree is necessary to their firefighting efforts; Downloaded from https:Hecode360.com/TE5022 on 2024-04-11 City of Temecula, CA § 8.48.210 § 8.48.220 5. An owner of real property is prohibited from obtaining insurance coverage to Adequately secure and protect said property; 6. City staff has determined it is necessary to cut, remove, relocate, or encroach upon the tree to prepare a site or undertake an approved capital improvement project that has received environmental clearances under the California Environmental Quality Act; 7. The director of public works or the city traffic engineer has directed the cutting, removal, relocation, or encroachment in order to: (i) maintain public rights -of - way or adequate line -of -sight distances; and (ii) construct improvements within existing or proposed General Plan Circulation Element rights -of -way, adjacent slopes, and appurtenances; 8. Cutting, removal, relocation, or encroachment is required to widen a principal intersection to accommodate additional dedicated turning lanes in accordance with adopted goals, objectives and policies contained in the General Plan Circulation Element; 9. Cutting, removal, relocation, or encroachment occurs as part of construction or maintenance activities for facilities owned or operated by or for a public agency, special district, or a utility company under the jurisdiction of the public utilities commission; • ( Ord. 09-05 § 1) § 8.48.220. Permit application and review. A An applicant for a Heritage Protected Tree Removal or Relocation Permit shall submit an application on a form designated by the planning Director and pay the appropriate filing fee as set by council resolution. B. If an application for a Heritage Protected Tree Removal or Relocation Permit pertains to five or fewer trees located on a single parcel, the planning Director, or designee, shall review the application, and approve, deny, or conditionally approve the request. The plannin Director's decision may be appealed to the planning commission, which may uphold, modify, or reverse the decision of the planning Director. C. The planning commission shall review all applications for a Iel=itage Protected Tree Removal or Relocation Permit not reviewed in the first instance by the plafmin Director, or designee. The planning commission shall approve, deny, or conditionally approve the request. The planning commission's review shall be consolidated with its consideration of all other entitlement applications for the property, if any. Downloaded from https:Hecode360.com/TE5022 on 2024-04-11 City of Temecula, CA D. All decisions of the planning commission pursuant to this Chapter Or-dinanee may be appealed to the city council in accordance with Section 17.03.090 of the Temecula Municipal Code. ( Ord. 09-05 § 1) § 8.48.230. Standards of approval. A. An application for a Heritage Protected Tree Removal or Relocation Permit may be approved only if the decision -maker finds and determines that the requested cutting, removal, relocation, or encroachment is necessary to: Maintain or aid the health, balance, or structure of the Heritage Protected Tree; 2. Protect life or property from a danger posed by the Her-itage Protected Tree that cannot be reduced or eliminated by use of reasonable preservation and/or preventative procedures and practices; or 3. Enable the reasonable and conforming use of the property, which is otherwise prevented by the presence of the tree. B. When deciding whether to approve, deny, or conditionally approve a heritage Protected Tree Removal or Relocation Permit, the decision maker may consider the following factors: Whether a public purpose is being provided by the issuance of the permit or if the removal is primarily to facilitate private development; 2. The overall condition, species, approximate age, size, and general health of the heritage -Protected Tree(s) to be removed; A certified arborist's or- h erase a ' -ndse pe ar-ehite is report on the likelihood for survival of any heritage Protected Tree(s) to be relocated; 4. The species, size and number of replacement tree(s) being provided as mitigation; and 5. Other factors as appropriate, in accordance with a certified arborist's or licensed landscape architect's report. C. The decision maker may impose conditions to offset or mitigate the requested cutting, removal, relocation, or encroachment, including, but not limited to, any of the following: The relocation of the subject tree to another location on -site or off -site; 2. The on -site or- off site planting of one three replacement tree of the same oF which will achieve the same approximate size at maturity as the removed Protected Tree for every one Protected Tree removed; age and 1,0.,l as the Her-itage Trees for- evefy one Her-itage Tree remove ; The on off -site planting of two forty -eight -inch box trees of the me species which will achieve the same approximate size at maturity as the removed hel=itage Protected Tree for every one heritage Protected Tree removed when it is not feasible to meet the requirements of Section 8.48.230(C)(2); Downloaded from https:Hecode360.com/TE5022 on 2024-04-11 City of Temecula, CA 4. The initiation of an objectively observable maintenance and care program in accordance with a certified arborist's or- heensea lands ape ar report to insure the continued health and care of Protected Trees on the property for a period of 5 years; 5. Payment of a fee equal to the cost of procuring, planting, establishing, and maintaining one replacement tree for every one Her-itage Protected Tree removed, which cost shall be based on the latest edition of either the "Guide for Plant Appraisal" by the International Society of Arboriculture or the "Standards for Valuation of Amenity Trees" of the International Society of Arboriculture. Such payments shall be used solely to fund the cost of replacing trees that have been removed. ( Ord. 09-05 § 1) Downloaded from https:Hecode360.com/TE5022 on 2024-04-11 City of Temecula, CA § 8.48.300 § 8.48.320 Article III Violations and Enforcement § 8.48.300. Violations. A. Violations of this Chapter O are subject to criminal misdemeanor penalties and administrative citations civil penalties pursuant to Chapters 1.16, 1.20 and 1.21, of this Code. B. Intimidating, harassing, or otherwise retaliating against any person who seeks to attain compliance with this Chapter O is prohibited. C. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter O is prohibited. D. A violation of this chapter is declared to be a public nuisance and may be abated pursuant to the procedures I Chapter 8.12 of this Code. ( Ord. 09-05 § 1) § 8.48.310. Remedies. A The remedies provided by this Chapter O are cumulative and in addition to any other remedies available at law or in equity. The city may seek to remedy any violation of this Chapter nose by a civil action, including, without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. R If a violation occurs during development, the city may issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection, and the issuance of certificates of occupancy) until a mitigation plan has been prepared by a certified arborist or -a lieens a�eape—arEki-teet, filed by the developer and approved by the planning Director. C If a violation occurs in the absence of development, or while an application for a building permit or discretionary development approval is pending for the property upon which the tree is located, the planning Director may: (1) issue a stop work order halting all activity on the parcel; or (2) request the city council issue a temporary moratorium on development of the subject property pursuant to law if the violation is found to be the result of willful misconduct. The purpose of this stop of activity shall be to provide the city an opportunity to determine appropriate mitigation measures, if any, for the tree removal and to ensure such measures are incorporated into any future or pending development approvals for the property. Mitigation measures may be imposed as a condition of any subsequent permits for development on the subject property. ( Ord. 09-05 § 1) § 8.48.320. Restitution. A. In addition to any other remedy or penalty provided for by this Chapter O ee, the City Downloaded from https:Hecode360.com/TE5022 on 2024-04-11 City of Temecula, CA § 8.48.320 § 8.48.330 may seek restitution from any person who damages, removes, or relocates a Her-itage Protected Tree in violation of this Chapter Or -din nee in the form of replacement of the age Protected Tree so removed or damaged or a fine in lieu of restitution. The deeisio ,...,,',o, Director shall determine the form of restitution required. 1. If the deeisio mal Director determines that restitution should be made in the form of a replacement of the 14eritage Protected Trees removed or damaged, the replacement trees shall be the same or similar species of tree, having the approximate size, age, and health as the tree(s) damaged or destroyed, at a ratio of two three new replacement trees for every one damaged or destroyed tree. Additional funds will be provided to the City that will cover the cost of the CitX to water and maintain the replacement trees for a period of three (3) years after lap nting. The location of such plantings shall be determined by the lion der Director; 2. If the deeisio ,,..,,',or Director determines that payment should be made in lieu of restitution, the payment required shall include but is not limited to, the costs of procuring, transporting, planting, establishing, and maintaining replacement trees for the life of the project at a ratio of two new replacement trees for every one damaged or destroyed tree. The cost of the replacement trees shall be based on the actual replacement cost for the damaged page Protected Tree or the latest edition of either the "Guide for Plant Appraisal" by the International Society of Arboriculture or the "Standards for Valuation of Amenity Trees" of the International Society of Arboriculture. Payments made in lieu of restitution shall be used solely to fund the cost of replacing trees that have been damaged or removed in violation of this Chapter O e. B. If the size of a Heritage Protected Tree cannot be determined due to its unauthorized removal, the size shall be determined by measuring the stump that remains, anecdotal evidence, or interpolated from photographs or adjacent trees. The decision make Director shall presume that a missing Her-itage Protected Tree was in perfect health unless the photographs or other verifiable evidence demonstrates otherwise. C. All decisions of the Direct pursuant to this Section may be appealed to the Planning Commission in accordance with Section 17.03.090 of the Temecula Municipal Code. ( Ord. 09-05 § 1) § 8.48.330. Collection of penalties. A. Fines and payments in lieu of restitution for violation of this Chapter O are payable at the city's finance/cashier office. Fines must be paid within thirty business days of the citation date. The city's finance department is authorized to collect all unpaid civil fines. B. Any unpaid costs or penalties, or payments in lieu of restitution imposed pursuant to this chapter shall constitute a special assessment against the real property upon which a violation of this chapter has occurred. All costs and/or fines shall be itemized in a written report of assessment. The planning Director shall cause a copy of the report and assessment to be served on the owner of the property not less than five days prior to the time fixed for confirmation of the assessment. Service may be Downloaded from https:Hecode360.com/TE5022 on 2024-04-11 City of Temecula, CA made by enclosing a copy of the report of assessment in a sealed envelope, postage prepaid, addressed to the owner at his or her last known address as the same appears on the last equalized assessment rolls of the county of Riverside and depositing the same in the United States mail. Service shall be deemed complete at the time of mailing. C. A copy of the report of assessment shall be posted in the city clerk's office on the bulletin board designated for the posting of agendas, not less than three days prior to the time when the report shall be submitted to the city council. The city council shall hear the report, together with any objections by the property owner. After the assessment is made and confirmed by the city council, it shall be a lien on said property. The lien shall be tumed eve submitted to the Riverside County tax collector, where it shall be levied on the next regular property tax bills for said property, and collected at the same time and in the same manner as other municipal taxes are collected and shall be subject to the same penalties and procedures under foreclosure and sale in case of delinquency as provided for other municipal taxes. ( Ord. 09-05 § 1) SECTION 2. Chapter 8.49, City Tree Care and Preservation, of the Temecula Municipal Code is hereby repealed. SECTION 3. California Environmental Quality Act Findings. In accordance with the California Environmental Quality Act, this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15378(b)(5) and Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed Municipal Code amendments are minor policy changes, reorganization of existing ordinance provisions, changes required by state law or revisions that reflect the City's standard practice and patterns with respect to preservation, protection, management, and maintenance of trees. The City Council of the City of Temecula hereby adopts a Notice of Exemption for the Ordinance and directs the City Manager to file it as required by law. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. Downloaded from https:Hecode360.com/TE5022 on 2024-04-11 City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov VIA -ELECTRONIC SUBMITTAL CEQAProces sing_(a,asrclkrec. com July 10, 2024 Supervising Legal Certification Clerk County of Riverside P.O. Box 751 Riverside, CA 92501-0751 SUBJECT: Filing of a Notice of Exemption for Long Range Application No. LR24-0028, Update to Temecula Heritage Tree Ordinance Amending Chapter 8.48 of the Temecula Municipal Code Dear Sir/Madam: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) please find a receipt in the amount of $50.00, for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The City of Temecula is paying the $50.00 filing fee under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee. Also, please email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below. If you have any questions regarding this matter, please contact Katie Garcia at email Katie. Garcia(d), TemeculaCA. gov. Sincerely, Matt Peters Assistant Director of Community Development Attachments: Project Notice of Exemption Form County Administrative Filing Fee Receipt City of Temecula Community Development Planning Division Notice of Exemption TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula P.O. Box 751 41000 Main Street Riverside, CA 92501-0751 Temecula, CA 92590 Project Title: Long Range Application No. LR24-0028, Update to Temecula Heritage Tree Ordinance Amending Chapter 8.48 of the Temecula Municipal Code Description of Project: An amendment to Chapter 8.48 of the Temecula Municipal Code making minor revisions to the Heritage Tree Ordinance and updates to tree care and preservation regulations. The amendment is part of the implementation of the recent Urban Forest Management Plan adoption. Project Location: City of Temecula, Citywide Applicant/Proponent: City of Temecula The City Council approved the above described project on July 9, 2024 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended. Exempt Status: (check one) ❑ Ministerial (Section 21080(b)(1); Section 15268); ❑ Statutory Exemptions (Section Number: ) ❑ Declared Emergency (Section 21080(b)(3); Section ® Categorical Exemption; (Section Number 15061 (b)(3) 15269(a)); & 15378 (b)(5)) ❑ Emergency Project (Section 21080(b)(4); Section ❑ Other: Section 15162 Categorical Exemption 15269(b)(c)); Statement of Reasons Supporting the Finding that the Project is Exempt: In accordance with the California Environmental Quality Act (CEQA), the proposed ordinance has been deemed to be exempt from further environmental review as there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Sections 15061 (b)(3) and 15378 (b)(5). The amendment to Chapter 8.48 of the Temecula Municipal Code makes minor revisions to the Heritage Tree Ordinance and updates to tree care and preservation regulations. The amendments do not permit any physical changes to the environment and no construction of any kind will occur due to the passage of this Ordinance. Contact Person/Title: Katie Garcia/Planning Technician Phone Number Signature: Matt Peters, Assistant Director of Community Development Date received for filing at the County Clerk and Recorders Office: (951) 240-4216 Date: Notice of Public Hearing THE CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Proposal: Introduce Ordinance Amending Chapter 8.48, Heritage Tree Ordinance, of the Temecula Municipal Code in its Entirety to Establish the City of Temecula Protected Tree Ordinance PLACE OF HEARING: Council Chambers, 41000 Main Street, Temecula CA 92590 DATE OF HEARING: July 9, 2024 TIME OF HEARING: 6:00 PM Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the public information counter, Temecula Civic Center, 41000 Main Street, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project(s) may be addressed to Patrick Thomas, City of Temecula Director of Public Works, (951) 694-6411. REQUESTS TO SPEAK REQUEST TO SPEAK CITY OF TEMECULA 1989 Public Comment: Non -Agenda Item: I Agenda Item: ❑ Item Description or Item No. Date: Z�q Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the r17ur-eA rd. 1 �/�/�Name: WVU -� Phone Number: Address Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment: Non -Agenda Item: 0 Item Description or Item No. REQUEST TO SPEAK CITY OF TEMECULA Agenda Item: Date: 7 bi 6-oz-V Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: h(1 ���>� L'�pJl7 S Phone Number: Address Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment: Non -Agenda Item: Item Description or Item No. REQUEST TO SPEAK CITY OF TEMECULA Agenda Item: ❑ Date: Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: Ul I i'. V10, vv V� Phone Number. Address: ! o Email address: If you are representing an organization or group, please give the name Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment: Non -Agenda Item: Pd Item Description or Item No. (l(SY1 m REQUEST TO SPEAK CITY OF TEMECULA Agenda Item: ❑ Date: 7 1/©CI /2ZZZ/ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: Lavy)J14malt Phone Number: Address: Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment: Non -Agenda Item: Item Description or Item No. REQUEST TO SPEAK CITY OF TEMECULA Agenda Item: ❑ Date: :i 4 Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: �-�� 5 Phone Number Address Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: —7 - I jgq Public Comment: Non -Agenda Item: ❑ Agenda Item: r Item Description or Item No. Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: �o i'I rGI.S�L Phone Number: Address: P/Uw``` ash -�y Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional.