Loading...
HomeMy WebLinkAbout04112023 CC AgendaIn 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 APRIL 11, 2023 - 6:00 PM CALL TO ORDER: Mayor Zak Schwank INVOCATION: Buck Longmore, Retired Firefighter FLAG SALUTE: Mayor Zak Schwank ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart PRESENTATIONS Presentation of Proclamation for DMV/Donate Life Month Presentation of Proclamation for Innovation Month ANNUAL JOINT MEETING - CITY COUNCIL AND RACE, EQUITY, DIVERSITY AND INCLUSION COMMISSION BOARD / COMMISSION REPORTS Community Services Commission PUBLIC SAFETY REPORT County of Riverside, Riverside County Sheriffs Department 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 or by submitting an email to be included into the record. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. Page 1 City Council Agenda April 11, 2023 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 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 or by submitting an email to be included into the record. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the 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 Agenda 2. 3. 4. 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 Approve Action Minutes of March 28, 2023 Recommendation: That the City Council approve the action minutes of March 28, 2023. Attachments: Action Minutes Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: Attachments RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Agenda Report Resolution List of Demands Approve Amended and Restated Office Lease and Memorandum of Lease Between the City of Temecula and Temecula Vallev Convention & Visitors Bureau dba Visit Temecula Vallev Recommendation: That the City Council approve the amended and restated office lease and Page 2 City Council Agenda April 11, 2023 memorandum of lease between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley in substantially the form as attached and authorize the Assistant City Manager to execute same. Attachments: Agenda Report Amended and Restated Office Lease Memorandum of Lease 5. Adopt Resolution Regarding the Addressing of Accessory and Junior Accessory Dwelling Units (Long Range Planning Project No. LR23-0110) Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN ADDRESSING POLICY FOR ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND MAKING THE FINDING OF EXEMPTION UNDER SECTIONS 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") (LONG RANGE PLANNING PROJECT NO. LR23-0110) Attachments: Agenda Report Resolution 6. Approve Second Amendment to Agreement for Consultant Services with Hicks & Hartwick Inc., for Engineering Plan Check Services Recommendation: That the City Council approve the second amendment to the agreement for consultant services with Hicks & Hartwick, Inc., for engineering plan check services, to extend the term of the agreement to June 30, 2025, and increase payment in the amount of $100,000, for a total agreement value of $200,000. Attachments: Agenda Report Second Amendment 7. Approve Freeway Maintenance Agreement with State of California, Department of Transportation (Caltrans) Recommendation: That the City Council approve the Freeway Maintenance Agreement with the State of California, acting by and through the Department of Transportation (Caltrans). Attachments: Agenda Report Agreement Page 3 City Council Agenda April 11, 2023 8. Approve Agreement for Consultant Services with Falcon Engineering Services, Inc. for the I-15 / French Valley Parkway Improvements - Phase II, PW 16-01 Recommendation: That the City Council approve the agreement with Falcon Engineering Services, Inc., in an amount not to exceed $8,880,275.70, to provide professional construction management services for the I-15 / French Valley Parkway Improvements - Phase II, PW 16-01. Attachments: Agenda Report Agreement Project CIP Budget Sheet 9. Adopt Resolution Finding that an Emergency Condition Continues to Exist Within the Meaning of Public Contract Code Sections 20168 and 22050 and Appropriate Additional Funding for Emergency Repairs Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS A NEED TO CONTINUE THE ACTIONS AUTHORIZED BY RESOLUTION NO. 2023-17 DECLARING AN EMERGENCY CONDITION AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES CERTAIN WORK TO BE PERFORMED WITHOUT COMPETITIVE BIDDING PURSUANT TO PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050, AND BY RESOLUTION NOS. 2023-20 AND 2023-26, FINDING THAT AN EMERGENCY CONDITION CONTINUES TO EXIST, AND TO APPROPRIATE FUNDING FOR EMERGENCY REPAIRS Attachments: Agenda Report Resolution 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 4 City Council Agenda April 11, 2023 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President James Stewart ROLL CALL: Alexander, Brown, 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 or by submitting an email to be included into the record. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the 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 or by submitting an email to be included into the record. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 10. Approve Action Minutes of March 28, 2023 Recommendation: That the Board of Directors approve action minutes of March 28, 2023. Attachments: Action Minutes 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, April 25, 2023, at 4:30 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 5 City Council Agenda April 11, 2023 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO MEETING TEMECULA HOUSING AUTHORITY - NO MEETING JOINT MEETING - TEMECULA PUBLIC FINANCING AUTHORITY / CITY COUNCIL CALL TO ORDER: Chair Zak Schwank ROLL CALL: Alexander, Brown, 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. 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. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. TPFA / CITY COUNCIL 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 or by submitting an email to be included into the record. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 11. Approve Deposit Agreement and Initiate Community Facilities District Formation Proceedings Related to the Altair Development Recommendation: That the City Council/Board of Directors adopt resolutions entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT AGREEMENT - ALTAIR RESOLUTION NO. TPFA Page 6 City Council Agenda April 11, 2023 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A PETITION AND DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO - ALTAIR Attachments: Agenda Report City Council Resolution TPFA Resolution Petition Deposit -Reimbursement Agreement TPFA EXECUTIVE DIRECTOR REPORT TPFA COUNCIL BOARD OF DIRECTOR REPORTS TPFA ADJOURNMENT The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, April 25, 2023, at 4:30 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 7 City Council Agenda April 11, 2023 RECONVENE TEMECULA CITY COUNCIL 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, April 25, 2023, at 4:30 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 8 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 11, 2023 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 MARCH 28, 2023 - 6:00 PM CLOSED SESSION - 5:00 PM CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council convened in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: In re National Opiate Litigation, MDL No. 2804, Case No. 1:17-MD-2804 (Federal District Court N.D. Ohio). CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION. The City Council convened in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City and the City Council will decide whether to initiate litigation. CALL TO ORDER at 6:00 PM: Mayor Zak Schwank INVOCATION: Chaplain Themba M. Mzizi, Ph.D., Riverside County Sheriffs Department FLAG SALUTE: Council Member Jessica Alexander ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart PRESENTATIONS Presentation of Proclamation to Professional Women Toastmasters Club for Toastmasters Month ANNUAL JOINT MEETING - CITY COUNCIL AND PLANNING COMMISSION BOARD / COMMISSION REPORTS Planning Commission PUBLIC SAFETY REPORT County of Riverside, Fire Department (CAL FIRE) PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: • Enno Scint • Jennifer Reeves • Slim Killens • Bob Kowell • Gillian Larson • Greg Langworthy • Julie Geary 0 Dale Stewart All electronic comments received were made a part of the record of the meeting. PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the City Council: • Laurel Lamont (Item #13) CITY COUNCIL REPORTS CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Stewart, 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 March 14, 2023 Recommendation: That the City Council approve the action minutes of March 14, 2023. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Receive and File General Plan and Housing Element Annual Progress Report for the Period of January 1, 2022 to December 31, 2022 Recommendation: That the City Council receive and file the General Plan and Housing Element Annual Progress Report for the period of January 1, 2022 to December 31, 2022. 5. Approve the Amended Salary Schedule Effective March 28, 2023 Recommendation: That the City Council approve the amended salary schedule to be effective March 28, 2023. 6. Approve Consultant Agreement with TK Consulting Inc. for Ynez Road Improvements Between Tierra Vista Road and Rancho Vista Road, Phase I, PW23-02 Recommendation: That the City Council: 1. Approve a consultant agreement with TK Consulting Inc. in the amount of $461,610 for the for Ynez Road Improvements between Tierra Vista Road and Rancho Vista Road, Phase I, PW23-02; and 2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $46,161, which is equal to 10% of the agreement amount. 7. Approve Project Application and Commitment of Local Funds for Riverside County Transportation Commission 2023 Western Riverside County Regional Arterials Call for Projects Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE APPLICATION FOR RIVERSIDE COUNTY TRANSPORTATION COMMISSION 2023 WESTERN RIVERSIDE COUNTY REGIONAL ARTERIALS CALL FOR PROJECTS AND THE COMMITMENT OF LOCAL FUNDS 8. Grant an Easement to Southern California Edison Company Located Within the Wolf Creek Trail Park (APN 961-331-017) Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING AN EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY LOCATED WITHIN THE WOLF CREEK TRAIL PARK (APN 961-331-017) 9. Establish All -Way Stop Control at the Intersection of Pujol Street and Main Street Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ESTABLISHING AN ALL -WAY STOP CONTROL AT THE INTERSECTION OF PUJOL STREET AND MAIN STREET AND FINDING THAT THE ACTION IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15301(C) OF THE CEQA GUIDELINES 3 10. Receive and File Temporary Street Closures for 2023 Springfest Events Recommendation: That the City Council receive and file the temporary closure of certain streets for the following 2023 Springfest Events: TEMECULA BLUES FESTIVAL COMMUNITY SERVICES EXPO ROD RUN TEMECULA CULTUREFEST A TRIBUTE TO HEROES 11. Adopt Resolution Finding that an Emergency Condition Continues to Exist Within the Meaning of Public Contract Code Sections 20168 and 22050 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS A NEED TO CONTINUE THE ACTIONS AUTHORIZED BY RESOLUTION NO. 2023-17 DECLARING AN EMERGENCY CONDITION AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES CERTAIN WORK TO BE PERFORMED WITHOUT COMPETITIVE BIDDING PURSUANT TO PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050 RECESS: At 7:31 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:34 PM the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL BUSINESS 13. Receive and File a Presentation on Affordable Housing in the City of Temecula (At the Request of Mayor Pro Tem Stewart) Recommendation: That the City Council receive and file a presentation on affordable housing within the City of Temecula. Receive and file only, no action. DEPARTMENTAL REPORTS (RECEIVE AND FILE) 14. Community Development Department Monthly Report 15. Fire Department Monthly Report 4 16. Police Department Monthly Report 17. Public Works Department Monthly Report ITEMS FOR FUTURE CITY COUNCIL AGENDAS CITY MANAGER REPORT CITY ATTORNEY REPORT In closed session tonight the Council considered the National Opioids Litigation. The City Council, by a 5-0 vote, agreed to participate in the 2022 Settlements of the National Opioid Litigation with opioid manufacturers Allergan and Teva, and opioid pharmaceutical distributors CVS, Walgreens and Walmart. The Council also directed that the settlement payments be transferred to the County of Riverside for its opioid remediation programs. Council further directed the City Manager and Staff to take the actions necessary to approve the settlements and implement the settlement payments. No other reportable actions from closed session. ADJOURNMENT At 8:25 PM, the City Council meeting was formally adjourned to Tuesday, April 11, 2023, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Zak Schwank, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: April 11, 2023 SUBJECT: Approve List of Demands PREPARED BY: Pam Espinoza, Accounting Technician II 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.2023- 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 $ 5,717,367.27. 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 1 lth day of April, 2023. Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the I Ith day of April, 2023, 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 03/15/2023 TOTAL CHECK RUN: 03/16/2023 TOTAL CHECK RUN: 03/21/2023 TOTAL CHECK RUN: 03/23/2023 TOTAL CHECK RUN: 03/16/2023 TOTAL PAYROLL RUN: 2,559,594.07 1,100,124.68 749,021.10 625,015.19 683,612.23 TOTAL LIST OF DEMANDS FOR 04/11/2023 COUNCIL MEETING: $ 5,717,367.27 DISBURSEMENTS BY FUND: CHECKS 001 GENERAL FUND 2,952,114.64 110 COVID-19 PANDEMIC COMMUNITY REINVESTMENT 262,500.00 140 COMMUNITY DEV BLOCK GRANT 13,739.07 165 AFFORDABLE HOUSING 4,256.55 170 MEASURE A FUND 28,268.43 190 TEMECULA COMMUNITY SERVICES DISTRICT 227,109.68 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 26,461.29 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 8,176.82 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 11,451.32 197 TEMECULA LIBRARY FUND 20,082.04 210 CAPITAL IMPROVEMENT PROJECTS FUND 962,631.53 300 INSURANCE FUND 30,017.77 305 WORKERS' COMPENSATION 3,241.74 310 VEHICLES AND EQUIPMENT FUND 38,454.49 320 INFORMATION TECHNOLOGY 132,370.26 330 SUPPORT SERVICES 7,472.14 340 FACILITIES 75512.93 478 CFD 16-01 RORIPAUGH PHASE II 46:249.00 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 4,682.57 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 3,173.38 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 9,188.51 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 667.30 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 3,461.60 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 1,708.58 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 1,216.38 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 12,664.93 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 230.36 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 701.38 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 181.22 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 8,408.76 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 7,124.67 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 1,154.49 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATE 1,049.40 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 2,018.46 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 181.69 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 21,353.00 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 5,633.17 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 12,719.42 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 44,767.86 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 370.55 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 599.28 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 12,244.31 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 3,918.79 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 164.54 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 662.92 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 23,136.83 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 260.99 $ 5,033,755.04 DISBURSEMENTS BY FUND: PAYROLL 001 GENERAL FUND 110 COVID-19 PANDEMIC COMMUNITY REINVESTMENT 140 COMMUNITY DEV BLOCK GRANT 165 AFFORDABLE HOUSING 190 TEMECULA COMMUNITY SERVICES DISTRICT 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 300 INSURANCE FUND 305 WORKERS' COMPENSATION 320 INFORMATION TECHNOLOGY 330 SUPPORT SERVICES 340 FACILITIES TOTAL BY FUND: 413,737.74 776.85 678.23 4,218.65 189,829.67 1,534.64 209.18 4,599.76 3,122.99 3,122.98 47,208.83 5,259.89 9,312.82 $ 683,612.23 $ 5,717,367.27 apChkLst Final Check List Page: 1 03/15/2023 2:44:21 PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 504159 3/16/2023 010851 EMPLOYEE #00426 REIMB: NRPA MEMBERSHIP: TCSD 504160 3/16/2023 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING/MAINT: THEATER DBA, ALLEGRO PIANO SERVICE 504161 3/16/2023 007282 AMAZON CAPITAL SERVICES MISC OFC SUPPLIES: ECO DEV INC MISC OFC SUPPLIES: CITY MGR MISC OFC SUPPLIES: CMO 504162 3/16/2023 004240 AMERICAN FORENSIC NURSES DRUG/ALCOHOL ANALYSIS: TEM AFN SHERIFF DRUG/ALCOHOL ANALYSIS: TEM SHERIF DRUG/ALCOHOL ANALYSIS: TEM SHERIF DRUG/ALCOHOL ANALYSIS: TEM SHERIF 504163 3/16/2023 000936 AMERICAN RED CROSS, STAFF/LIFEGUARDS CERTS: HEALTH AND SAFETY SVCS AQUATICS 504164 3/16/2023 012951 APPLIED DEVELOPMENT QUALITY OF LIFE MASTER PLAN: ECONOMICS PLANNING 504165 3/16/2023 013950 AQUA CHILL OF SAN DIEGO MAR DRINKING WTR SYS MAINT: TCC MAR DRINKING WTR SYS MAINT: AQUAT MAR DRINKING WTR SYS MAINT: POLICI MAR DRINKING WTR SYS MAINT: AULD: 504166 3/16/2023 001445 ASSISTANCE LEAGUE OF FY 22/23 COMMUNITY SVC FUNDING TEMECULA, VALLEY 504167 3/16/2023 018941 AZTEC LANDSCAPING INC 504168 3/16/2023 018408 BOB CALLAHANS POOL SERVICE 504169 3/16/2023 022651 BRANDASSASSINS 504170 3/16/2023 021588 BRAUN PETER, DBA TEMECULA PLANTSCAPE 504171 3/16/2023 004248 CALIF DEPT OF JUSTICE ACCTING FEB RESTROOM MAINT: PARKS: PW MAR POOL MAINT: OLD TOWN FOUNTAIN MAR POOL MAINT: CRC & TES POOL OLD TOWN TEM WAYFINDING SIGNAGE MAR PLANTSCAPE SVC: CIVIC CTR BLOOD & ALCOHOL ANALYSIS: TEM SHERIFF FEB FINGERPRINTING SVCS: HR FEB FINGERPRINTING SVCS: TCSD BLOOD &ALCOHOL ANALYSIS: TEM SHE FEB FINGERPRINTING SVCS: POLICE Amount Paid Check Total 180.00 480.00 108.27 26.21 153.10 620.10 473.73 33.89 281.93 192.00 1,370.00 28.28 69.60 62.53 62.53 5,000.00 9,098.22 950.00 1,100.00 12,500.00 500.00 35.00 1,764.00 98.00 665.00 2,689.00 180.00 480.00 287.58 1,409.65 192.00 1,370.00 222.94 5,000.00 9,098.22 2,050.00 12,500.00 500.00 5,251.00 Page:1 apChkLst Final Check List Page: 2 03/15/2023 2:44:21PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 504172 3/16/2023 004462 CDW LLC, DBACDW GOVERNMENT LLC 504173 3/16/2023 022790 CLEARSTAR INC 504174 3/16/2023 000442 COMPUTER ALERT SYSTEMS 504175 3/16/2023 020648 DG INVESTMENT HOLDINGS 2 INC, CONVERGINT TECHNOLOGIES (Continued) Description MONITOR REPLACEMENT: INFO TECH WIRELESS ACCESS POINTS: CITY HALL MISC SMALL TOOLS & EQUIP: INFO TECI MISC SMALL TOOLS & EQUIP: INFO TECI MISC SMALL TOOLS & EQUIP: IT MISC SMALL TOOLS & EQUIP: SMALLTC REPLACEMENT COLOR PRINTERS: INFC KEYBOARD & MOUSE REPLACEMENT: Il MISC SMALL TOOLS & EQUIP: INFO TECI MISC SMALL TOOLS & EQUIP: INFO TECI PRE -EMPLOYMENT SCREENINGS: HR APR-JUN ALARM MONITORING: POLICE ALARM SVC CALL: CIVIC CTR ACCESS CONTROL: CRC: PW19-07 TRAFFIC CAMERAS: CITYWIDE SURVEIL MAINT & REPAIR SECURITY SYS: INFO T TRAFFIC INTERSECTION CAMERAADD: ACCESS CONTROL & CAMERAS: MRC: C 504176 3/16/2023 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOMS: LONG SRVCS CANYON CREEK PORTABLE RESTROOMS: VAIL RANCH P PORTABLE RESTROOMS: VETERANS Pk PORTABLE RESTROOMS: RIVERTON PK 504177 3/16/2023 019720 DIVERSIFIED WATERSCAPES FEB WTR QUALITY MAINT: DUCK INC POND/HARV 504178 3/16/2023 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: LAND DEV/NPDES FUEL FOR CITY VEHICLES: PARK MAINT FUEL FOR CITY VEHICLES: FIRE DEPT FUEL FOR CITY VEHICLES: TRAFFIC: PN FUEL FOR CITY VEHICLES: EOC FUEL FOR CITY VEHICLES: POLICE FUEL FOR CITY VEHICLES: CIP: PW FUEL FOR CITY VEHICLES: STREET MAI FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: CODE ENFOI 504179 3/16/2023 020904 ECONOMIC ALTERNATIVES INC MAR WTR SYST MAINT: CIVIC CTR 504180 3/16/2023 018098 ELITE CLAIMS MANAGEMENT FEB'23 3RD PARTY CLAIM ADMIN: WC INC Amount Paid Check Total 3,825.45 4,276.66 401.96 219.89 80.19 130.30 3,775.89 826.06 196.84 185.42 160.66 193.58 210.50 21.566.13 6,413.51 870.00 5,280.00 37,416.80 110.88 165.88 110.88 110.88 7,430.00 39.33 2,602.60 134.65 277.68 91.03 86.88 288.76 2,285.83 103.28 134.51 538.67 1.250.00 13,918.66 160.66 404.08 71, 546.44 498.52 7,430.00 6,044.55 538.67 1,250.00 Paget apChkLst Final Check List Page: 3 03/15/2023 2:44:21PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 504181 3/16/2023 002577 ENGINEERING RESOURCES, ENG SVCS: MURR CRK REG SPORTS OF SOUTHERN CALIF INC PRK ENG SVCS: BIKE TRAIL PRGM: PW19-11 ENG SVCS: OVERLAND: PW20-11 504182 3/16/2023 010804 FEHRAND PEERS TRANSP DISCOVERY/BENCHMARKING: PLNG 504183 3/16/2023 003747 FINE ARTS NETWORK AKA TICKET SALES ADVANCE: THEATRE, CO AND BALLET SPONGEBOB THEATER 504184 3/16/2023 022726 FORENSIC NURSES OF SOCAL SART EXAMS: TEM SHERIFF INC 504185 3/16/2023 014865 FREIZE UHLER KIMBERLY DBA, MISC PROMOTIONAL ITEMS: TVE2 CLEAR BLUE PROMOTIONS CITY APPAREL: CITY MGR 504186 3/16/2023 001937 GALLS LLC MISC EQUIPMENT: CAP: TEM SHERIFF 504187 3/16/2023 022865 EMPLOYEE #00571 REIMB: TEAM PACE 504188 3/16/2023 021365 GEORGE HILLS COMPANY INC FEB CLAIMS ADMINISTRATION: HR DEC CLAIMS ADMINISTRATION: HR 504189 3/16/2023 021308 GILLIS & PANICHAPAN ARCHITECTURAL SVCS: FIRE STA 84 ARCHITECTS, INC PW19-14 504190 3/16/2023 010028 GOFORTH & MARTI, DBA GM OFFICE FURNITURE: CHAIRS: BUSINESS INTERIORS FINANCE 504191 3/16/2023 004890 GOLDEN STATE FIRE ANNUAL SPRINKLER INSPECTIONS: PROTECTION LIBRARY ANNUAL SPRINKLER INSPECTIONS: FO( ANNUAL SPRINKLER INSPECTIONS: TC( ANNUAL SPRINKLER INSPECTIONS: CIV ANNUAL SPRINKLER INSPECTIONS: MPt ANNUAL SPRINKLER INSPECTIONS: TVE ANNUAL SPRINKLER INSPECTIONS: JRC ANNUAL SPRINKLER INSPECTIONS: PRP 504192 3/16/2023 006914 INNOVATIVE DOCUMENT JAN COPIER SOLUTIONS MAINT/REPAIR/USAGE:CITYWIDE 504193 3/16/2023 004119 J T B SUPPLY COMPANY INC LED LIGHTS: TRAFFIC MAINT: PW 504194 3/16/2023 022018 KNOWBE4INC SECURITY AWARENESS TRAINING: IT Amount Paid Check Total 12,282.50 5,576.50 15,756.06 33,615.06 4,199.50 4,199.50 10,000.00 10,000.00 1,200.00 1,200.00 180.49 199.58 380.07 34.97 34.97 334.48 334.48 3,145.80 92.00 3,237.80 4,025.00 4,025.00 995.75 995.75 700.00 700.00 700.00 700.00 700.00 700.00 700.00 700.00 5,600.00 6,888.69 6,888.69 2,412.00 2,412.00 1,099.50 1,099.50 Page3 apChkLst Final Check List Page: 4 03/15/2023 2:44:21PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 504195 3/16/2023 000482 LEIGHTON CONSULTING INC GEOTECHNICAL SVCS: PA22-1124: PLNG MATUS TESTING SVCS: CRC RENO: PW' 504196 3/16/2023 023146 MAKELELE SYSTEMS CONST SVCS: RECYCLED WTR LANDSCAPE & RETROFIT PGRM CONST SVCS: RECYCLED WTR RETROF 504197 3/16/2023 021370 MARK THOMAS AND COMPANY JAN DSGN CONSULTANT SVCS: INC CHERRY ST EXT 504198 3/16/2023 018675 MDG ASSOCIATES INC JAN ADA LABOR COMPLIANCE SVCS: PW20-13 504199 3/16/2023 018314 MICHAEL BAKER JAN CNSLT SVCS: I-15/79 INTRCHG INTERNATIONAL 17-19 504200 3/16/2023 013443 MIDWEST TAPE LLC BOOKS ON TAPE: LIBRARY 504201 3/16/2023 004951 MIKE'S PRECISION WELDING BALLARD COVER: STREET MAINT: PW INC 504202 3/16/2023 021343 MILLER ARCHITECTURAL ARCHITECTURAL SVCS: CIVIC CTR CORP MODIFICATI 504203 3/16/2023 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: TCC INC ELECTRICAL SUPPLIES: CIVIC CENTER ELECTRICAL SUPPLIES: TCC/SAFE HOU ELECTRICAL SUPPLIES: CIVIC CTR ELECTRICAL SUPPLIES: PARKS: PW 504204 3/16/2023 004586 MOORE FENCE COMPANY INC FENCE REPAIR: MARGAR I TA/G E O RG ETO W N 504205 3/16/2023 019019 MUSIC CONNECTION LLC SPEAKEASY @ THE MERC 03/11 504206 3/16/2023 020946 MUSSON THEATRICAL INC MISC SUPPLIES: THEATER: TCSD Amount Paid Check Total 2,800.00 5,895.20 8,695.20 13,442.50 26,961.00 40,403.50 13,989.50 13,989.50 1,363.76 1,363.76 6,855.00 6,855.00 44.69 44.69 180.00 180.00 4,400.00 4,400.00 294.98 606.66 400.64 20.78 2,601.08 3,924.14 5,629.88 5,629.88 624.40 624.40 599.31 599.31 Page:4 apChkLst Final Check List Page: 5 03/15/2023 2:44:21PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 504208 3/16/2023 022599 NIEVES LANDSCAPE INC 504209 3/16/2023 014173 NPG INC DBA, GOLDSTAR ASPHALT PRODUCTS 504210 3/16/2023 021121 OCCUPATIONAL HEALTH CTR OF CA, DBA CONCENTRA MEDICAL CTR 504211 3/16/2023 021998 OLD TOWN TIRE AND SERVICE INC 504212 3/16/2023 020544 PARKHOUSE TIRE SERVICE INC (Continued) Description Amount Paid Check Total JAN LDSCP MAINT SVCS: SLOPES: 60,309.58 PARKS: PW TOPSOIL: RONALD REGAN SPORTS PAF 1,125.00 IRRIGATION REPAIRS: MIKE NAGGAR PI, 143.06 IRRIGATION REPAIRS: DUCK POND 367.75 FEB LDSCP MAINT SVCS: 1-15/79 S: PWO 6,977.00 IRRIGATION REPAIRS: CROWNE HILLS 446.87 IRRIGATION REPAIRS: VAIL RANCH 272.36 IRRIGATION REPAIRS: BIRDSALL 225.75 IRRIGATION REPAIRS: SERENA HILLS 190.87 IRRIGATION REPAIRS: MEDIANS: M-02 309.72 LDSCP IMPROVEMENTS: CALLEARAGO 8,699.00 FEB LDSCP MAINT SVCS: FACS: PW 10,454.50 IRRIGATION REPAIRS: CAMPOS VERDE: 206.01 MOUND CLAY & BRICKS: BASEBALL FIEL 2,029.66 IRRIGATION REPAIRS: BIRDSALL 226.66 IRRIGATION REPAIRS: MEDIANS: M-10 231.06 IRRIGATION REPAIRS: BIRDSALL 201.35 IRRIGATION REPAIRS: BIRDSALL 446.87 IRRIGATION REPAIRS: RED HAWK 446.87 IRRIGATION REPAIRS: VINTAGE HILLS 295.84 IRRIGATION REPAIRS: CROWNE HILLS 446.87 94,052.65 ASPHALT REPAIR: OVERLAND TRAIL 9,250.00 ASPHALT REPAIR: OVERLAND TRAIL 63,825.00 ASPHALT REPAIR: PECHANGA BRIDGE 7,304.92 80,379.92 PRE -EMPLOYMENT SCREENINGS: HR 93.00 93.00 VEHICLE MAINT: STREET MAINT: PW 1,301.47 VEHICLE MAINT: TRAFFIC MAINT: PW 449.19 VEHICLE MAINT: TRAFFIC MAINT: PW 648.58 VEHICLE REPAIRS: PARKS: PW 723.00 VEHICLE REPAIRS: PARKS: PW 1,275.48 VEHICLE MAINT: BLDG & SAFETY 98.20 VEHICLE REPAIR: PARKS: PW 1,081.02 5,576.94 TIRE SVC: STREET MAINT: PW 700.37 700.37 Page:5 apChkLst Final Check List Page: 6 03/15/2023 2:44:21PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 504213 3/16/2023 005075 PRUDENTIAL OVERALL SUPPLY 504214 3/16/2023 022537 REFRIGERATION SUPPLIES, DISTRIBUTOR (Continued) Description UNIFORM SVCS: PARK MAINT: PW UNIFORM SVCS: STREET MAINT: PW FLOOR MATS/TOWEL RENTALS: TCC FLOOR MATS/ TOWEL RENTALS: LIBRAR FLOOR MATS/TOWEL RENTALS: FOC FLOOR MATS/TOWEL RENTALS: TVM UNIFORM SVCS: STREET MAINT: PW FLOOR MATS/TOWEL RENTALS: CRC FLOOR MATS/TOWEL RENTALS: THEATE MISC HVAC SUPPLIES: CIVIC CTR MISC HVAC SUPPLIES: TCC MISC HVAC SUPPLIES: CIVIC CTR MISC HVAC SUPPLIES: TCC MISC HVAC SUPPLIES: CIVIC CTR 504215 3/16/2023 000267 RIVERSIDE CO FIRE FPARC-TM, INV 234951, 22/23, Q1 DEPARTMENT 504216 3/16/2023 009213 SHERRY BERRY MUSIC STAND UP COMEDY @ THE MERC 2/25 504217 3/16/2023 022659 SIDI SEBASTIAN, DBA SEBAZ 1-15/FVP GROUNDBREAKING VIDEO: VIDEO PRODUCTIO CIP 504218 3/16/2023 022051 SINGH GROUP INC HOMELESS ENCAMPMENT CLEAN-UP 504219 3/16/2023 000645 SMARTAND FINAL INC RFRSHMNTS: SPECIAL EVENTS: TCSD 504220 3/16/2023 020545 SOCIAL WORK ACTION GROUP Street Outreach Services Contracted 504221 3/16/2023 006145 STENO SOLUTIONS FEB TRANSCRIPTION SVCS: TEM TRANSCRIPTION, SRVCS INC SHERIFF FEB TRANSCRIPTION SVCS: TEM SHERI 504222 3/16/2023 003849 TERRYBERRY COMPANY EMPLOYEE SVC RECOGNITION: HR 504223 3/16/2023 016311 TIERCE, NICHOLAS GRAPHIC DESIGN SVCS: THEATER 504224 3/16/2023 021603 TITAN RENTALS GROUP INC, RENTALS: SPECIAL EVENTS: ECON TITAN TENT & EVENT RENTAL DEV 504225 3/16/2023 017415 TK ELEVATOR CORPORATION ELEVATOR MAINT: SOMMERS BEND Amount Paid Check Total 67.21 19.53 14.32 19.88 10.28 12.74 47.06 31.45 9.89 3,258.64 24.51 50.50 60.34 39.85 1,925,097.77 1,914.75 1,400.00 19,172.00 248.09 22,599.55 61.38 47.61 75.22 4,920.00 455.40 465.00 232.36 3,433.84 1,925,097.77 1,914.75 1,400.00 19,172.00 248.09 22,599.55 108.99 75.22 4,920.00 455.40 465.00 Pagefi apChkLst Final Check List Page: 7 03/15/2023 2:44:21PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 504226 3/16/2023 019100 TNT ENTERTAINMENT GROUP DJ/MC SOUND SVCS: ART OF THE LLC WALLS 504227 3/16/2023 021580 TOWNSEND PUBLIC AFFAIRS MAR CONSULTING SVCS: CITY CLERK INC 504228 3/16/2023 007766 UNDERGROUND SERVICE MAR DIG SAFE BIRD BILLABLE TIX: PW ALERT, OF SOUTHERN CALIFORNIA Amount Paid Check Total 425.00 425.00 6,000.00 6,000.00 70.85 70.85 504229 3/16/2023 009101 VISION ONE INC, DBA FEB SHOWARE TICKETING SVCS: 2,189.20 2,189.20 ACCESSO THEATER 504230 3/16/2023 020275 WALLACE & ASSOC CONSTRUCTION INSP SVCS: PW22-02 1,932.00 CONSULTING LLC, ANSER ADVISORY MNGMT LLC JAN CONST MGMT SVCS: CRC: PW19-07 14,942.00 16,874.00 504231 3/16/2023 021024 YANES BLANCAA, DBA DE OCT & NOV LDSCP PLN CK & 24,000.00 GANGE CONSULTING INSPECTION: PLN DEC LDSCP PLN CK & INSPECTION: PLN 11,275.00 JAN LDSCP PLN CK & INSPECTION: PLN 5,085.00 JULY & AUG LDSCP PLN CK & INSPECTI( 19,774.00 SEP LDSCP PLN CK & INSPECTION: PLN 11,910.00 72,044.00 Grand total for EFT UNION BANK: 2,559,594.07 Page:? apChkLst Final Check List Page: 8 03/15/2023 2:44:21PM CITY OF TEMECULA 72 checks in this report. Grand Total All Checks: 2,559,594.07 Page:8 apChkLst Final Check List Page: 1 03/16/2023 4:03:28PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description 14676 1/10/2023 006887 UNION BANK OF CALIFORNIA 023168 PAPA FETA RFRSHMNTS: PLANNING COMM MTG 11/16 020535 LUNA GRILL RFRSHMNTS: PLANNING COMM MTG 12/7 022763 CALIF PLANNING & DEV MEMBERSHIP RENEWAL: COMM DEV REPORT 14810 3/9/2023 006887 UNION BANK OF CALIFORNIA 023219 ISC2 MEMBERSHIP: CISSP: INFO TECH 008567 GODADDY.COM INC DOMAIN RENEWAL: TEMECULATHEATER.COM 008567 GODADDY.COM INC DOMAIN RENEWAL: TEMECULATHEATER.ORG 008567 GODADDY.COM INC DOMAIN RENEWAL: TEMECULAEVENTS.ORG 006937 SOUTHWEST AIRLINES AIRFARE: TYLER CONNECT CONF: INFO TECH 006937 SOUTHWEST AIRLINES AIRFARE: TYLER CONNECT CONF: INFO TECH 021800 FEDERAL AVIATION ADMINIST, DRONE REGISTRATION: INFO TECH DBA FAA 006937 SOUTHWEST AIRLINES AIRFARE: TYLER CONNECT CONF: INFO TECH 006937 SOUTHWEST AIRLINES AIRFARE: TYLER CONNECT CONF: INFO TECH 14811 3/9/2023 006887 UNION BANK OF CALIFORNIA 009612 BJS RESTAURANTS INC RFRSHMNTS: OUTREACH MTG: TCSD 020822 G6 HOSPITALITY LLC, DBA LODGING: HOMELESS OUTREACH MOTEL 6 022560 UBER TRANSP: HOMELESS OUTREACH 007218 SWING INN CAFE RFRSHMNTS: PIT COUNT: TCSD 021003 CVS PHARMACY MEDICAL SUPPLIES: HELP CTR: TCSD 007987 WALMART MISC SUPPLIES: HELP CTR: TCSD 023220 PAMS DONUTS RFRSHMNTS: PIT COUNT: TCSD 015626 EVENTBRITE.COM REGIST: LEADHERSHIP CONF: TCSD 004822 RIVERSIDE TRANSIT AGENCY TROLLEY SVCS: HOMELESS OUTREACH Amount Paid Check Total 337.62 232.55 238.00 808.17 125.00 40.34 42.34 42.34 400.95 400.95 5.00 400.95 400.95 1,858.82 117.53 80.15 63.95 307.29 129.43 226.19 35.99 100.00 250.00 1,310.53 Page:1 apChkLst Final Check List Page: 2 03/16/2023 4:03:28PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 14826 3/9/2023 006887 UNION BANK OF CALIFORNIA 000154 C S M F O 006952 PAYPAL 019953 CAESARS ENTERTAINMENT CORP, DBA PARIS HOTEL/FLAMINGO 001060 HYATT (Continued) Description Amount Paid Check Total WEBINAR REGIST: INTRO TO GOV'T 100.00 ACCTING VERISIGN PAYFLOW PRO 25.00 TRANSACTION: FIN LODGING: CRIA CONF: POLICE 166.68 III Biel19lewe9IT, lYiZKel►Iaa1►/_1►Is] 1111=L! 800.62 Paget apChkLst Final Check List Page: 3 03/16/2023 4:03:28PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 14827 3/9/2023 006887 UNION BANK OF CALIFORNIA 020249 LAUND3R.COM LLC 000152 CALIF PARKS AND RECREATION SOC, C P R S 000152 CALIF PARKS AND RECREATION SOC, C P R S 000152 CALIF PARKS AND RECREATION SOC, C P R S 007987 WALMART 020249 LAUND3R.COM LLC 000152 CALIF PARKS AND RECREATION SOC, C P R S 023164 PIZZA FACTORY 000152 CALIF PARKS AND RECREATION SOC, C P R S 000152 CALIF PARKS AND RECREATION SOC, C P R S 023230 SAN DIEGO WHALE WATCH 019291 TLK ICE INC, DBA KONA ICE TEMECULA VAL 021429 ARLO TECHNOLOGIES 007987 WALMART 022736 POLAR ENGRAVING CORPORATION, DBA POLAR ENGRAVING 022736 POLAR ENGRAVING CORPORATION, DBA POLAR ENGRAVING 017443 OPERATING CO LLC MED CUISINE, DBA DAPHNE'S CALIFORNIA 007177 MACARONI GRILL 000254 PRESS ENTERPRISE COMPANY INC 000152 CALIF PARKS AND RECREATION SOC, C P R S 006952 PAYPAL 003605 LAKE ELSINORE STORM, PROF BASEBALLTEAM 020886 NETFLIX.COM (Continued) Description Amount Paid Check Total LAUNDRY SVCS: TABLE CLOTHS: 66.25 TCSD REGISTRATION: CONFERENCE: TCSD 630.00 REGISTRATION: CONFERENCE: TCSD 575.00 REGISTRATION: CONFERENCE: TCSD 575.00 MISC SUPPLIES: SPECIAL EVENTS: 225.40 TCSD LAUNDRY SVCS: TABLE CLOTHS: 103.30 TCSD MEMBERSHIP: TCSD 145.00 RFRSHMNTS: RSO MEETING 659.77 MEMBERSHIP: TCSD 145.00 MEMBERSHIP: TCSD 145.00 EXCURSION: MPSC: SENIOR WHALE 1,407.40 WATCHING RFHRSHMNTS: CULTUREFEST: TCSD 1,000.00 SUBSCRIPTION: THEATER: TCSD 119.88 MISC SUPPLIES: SPECIAL EVENTS: 84.50 TCSD ENGRAVING SVCS: PARKS 144.50 ENGRAVING SVCS: PARKS 35.00 RFRSHMNTS: HOSPITALITY: THEATER 50.01 RFRSHMNTS: HOSPITALITY: THEATER 47.85 ONLINE SUBSCRIPTION: TCSD 18.00 MEMBERSHIP RENEWAL: TCSD 150.00 VERISIGN PAYFLOW PRO 251.30 TRANSACTION: TCSD DEPOSIT: LAKE ELSINORE STORM 500.00 EVENT MONTHLY SVC CHARGE: TEEN ROOM: 9.99 CRC Page:3 apChkLst 03/16/2023 4:03:28PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 012085 ISTOCK INTL INC SUBSCRIPTION: PROMO IMAGES: 120.00 TCSD 019835 JDS CREATIVE ACADEMY AWARD SUBMITTAL: DIGIFEST: TCSD 84.00 007177 MACARONI GRILL RFRSHMNTS: HOSPITALITY: THEATER 114.19 000282 SO CALIF MUNICIPAL MEMBERSHIP DUES: SPORTS: TCSD 145.00 7,551.34 ATHLETIC, FEDERATION INC 14828 3/9/2023 006887 UNION BANK OF CALIFORNIA 014779 TOWN CENTER CLEANERS DRY CLEANING SVCS: TABLE LINENS: 126.25 CITY 020419 CHIPOTLE CORP OFC RFRSHMNTS: CITY CNCL MTG 1/24 227.70 000254 PRESS ENTERPRISE ONLINE SUBSCRIPTION: CITY CLERK 14.00 COMPANY INC 000912 CITY CLERKS ASSN OF CALIF REGISTRATION: CONFERENCE: CITY 575.00 942.95 CLERK 14832 3/9/2023 006887 UNION BANK OF CALIFORNIA 000305 TARGET BANK BUS CARD MISC SUPPLIES: FVP CEREMONY: 77.87 SRVCS ECO DEV 019953 CAESARS ENTERTAINMENT LODGING: ICSC CONF: ECON DEV 361.68 CORP, DBA PARIS HOTEL/FLAMINGO 019953 CAESARS ENTERTAINMENT LODGING: ICSC CONF: ECON DEV 361.68 CORP, DBA PARIS HOTEL/FLAMINGO 019953 CAESARS ENTERTAINMENT LODGING: ICSC CONF: CITY COUNCIL 361.68 CORP, DBA PARIS HOTEL/FLAMINGO 019953 CAESARS ENTERTAINMENT LODGING: ICSC CONF: CITY COUNCIL 361.68 CORP, DBA PARIS HOTEL/FLAMINGO 009720 STARBUCKS CORPORATION RFRSHMNTS: FVP CEREMONY: ECON 120.00 DEV 006952 PAYPAL REGIST: SW RIV CNTY ASSOC MTG: 45.00 CITY MGR 000210 LEAGUE OF CALIF CITIES REGIST: CREDIT: CITY MGR -675.00 013338 APPLE STORE ADDT PHONE STORAGE: SOCIAL 9.99 MEDIA: ECON 021284 LEWIS CLEANERS DRY CLEANING SVCS: TABLE CLOTHS: 85.00 ECON 008669 VONS RFRSHMNTS: FVP CEREMONY: ECON 39.03 DEV 023234 LISA DONUT & BOBA RFRSHMNTS: FVP CEREMONY: ECON 162.78 1,311.39 DEV 14836 3/9/2023 006887 UNION BANK OF CALIFORNIA 023218 COLLEGE OF CONTINUING, REGIST: FED AID PROJ DVLPMNT 25.00 EDUCATION CLASS: CIP 007098 INTL RIGHT OF WAY ASSN MEMBERSHIP FEE: LAND DEV: PW 280.00 305.00 Page:4 apChkLst Final Check List Page: 5 03/16/2023 4:03:28PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 14849 3/9/2023 006887 UNION BANK OF CALIFORNIA 018315 CHARITY FOR CHARITY 14850 3/9/2023 006887 UNION BANK OF CALIFORNIA 018315 CHARITY FOR CHARITY 006714 SHERATON HOTEL 14851 3/9/2023 006887 UNION BANK OF CALIFORNIA 021390 ONTARIOAIRPORT 001264 COSTCO TEMECULA 491 020953 LYFT 023243 MANGO TACO 006714 SHERATON HOTEL 023242 SELLAND FAMILY RESTAURANTS„ DBA ELLA DINING ROOM 006937 SOUTHWEST AIRLINES 006942 ONTARIO AIRPORT PARKING LOT 006714 SHERATON HOTEL 001060 HYATT 001060 HYATT 009863 BUBBA GUMP SHRIMP COMANY 006714 SHERATON HOTEL 006714 SHERATON HOTEL 006614 CALIF CITY MANAGEMENT 006714 SHERATON HOTEL 006714 SHERATON HOTEL 023244 TWENTY/20 RESTAURANT (Continued) Description Amount Paid Check Total REGIST: FUNDRAISER: STARS OF THE 125.00 125.00 VALLEY REGIST: FUNDRAISER: STARS OF THE 125.00 VALLEY LODGING: CAL CITIES CONF: CITY CNL 572.46 697.46 RFRSHMNTS: CAL CITIES CONF: CITY 14.41 MGR RFRSHMNTS: CC MTG 1/27 112.71 TRANSPORT: CAL CITIES CONF: CITY 26.12 MGR RFRSHMNTS: CAL CITIES CONF: CITY 23.36 MGR RFRSHMNTS: CAL CITIES CONF: CITY 86.27 CNL/MGR RFRSHMNTS: CAL CITIES CONF: CITY 151.15 CNL AIRFARE: CAL CITIES CONF: CITY MGR 57.00 PARKING FEE: CAL CITIES CONF: CITY 84.00 MGR LODGING: CAL CITIES CONF: CITY 787.36 MGR PARKING: CCMF MTG: CITY MGR 27.00 LODGING: CCMF MTG: CITY MGR 412.86 RFRSHMNTS: CAL CITIES CONF: CITY 124.18 CNL/MGR LODGING: CAL CITIES CONF: CITY CNL 231.23 RFRSHMNTS: CAL CITIES CONF: CITY 95.03 CNL/MGR REGIST: CCMF EVENT: CITY MGR 75.00 RFRSHMNTS: CAL CITIES CONF: CITY 105.19 CNL/MGR LODGING: CAL CITIES CONF: CITY 799.29 MGR RFRSHMNTS: CAL CITIES CONF: CITY 25.05 3,237.21 MGR Page:5 apChkLst Final Check List Page: 6 03/16/2023 4:03:28PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 14852 3/9/2023 006887 UNION BANK OF CALIFORNIA 018389 IN N OUT BURGER INC RFRSHMNTS: CAL CITIES CONF: CITY CNL 006714 SHERATON HOTEL PARKING: CAL CITIES CONF: CITY CNL 006714 SHERATON HOTEL LODGING: CAL CITIES CONF: CITY CNL 14859 3/9/2023 006887 UNION BANK OF CALIFORNIA 000254 PRESS ENTERPRISE ONLINE SUBSCRIPTION: PLANNING COMPANY INC 000278 SAN DIEGO UNION TRIBUNE SUBSCRIPTION RENEWAL: PLANNING 021060 LOSANGELES TIMES, DBA SUBSCRIPTION RENEWAL: PLANNING LATIMES.COM 006614 CALIF CITY MANAGEMENT MEMEBERSHIP: COMM DEV 021688 PHILS BBQ OF TEMECULA INC RFRSHMNTS: PLANNING COMMISSION MTG 006614 CALIF CITY MANAGEMENT REGIST: CCMF EVENT: COMM DEV 211698 3/9/2023 000101 APPLE ONE INC NOV TEMP HELP: FINANCE 211699 3/9/2023 001264 COSTCO TEMECULA 491 SUPPLIES: SPEC EVENTS: FIRE 211700 3/16/2023 004229 ACTION APPLIANCE INC, DBA WASHER & DRYER: FIRE STA 84 ACTION APPLIANCE 211701 3/16/2023 001517 AETNA BEHAVIORAL HEALTH MAR EMPLOYEE ASSISTANCE PRGM: LLC, DBA AETNA RESOURCES HR 211702 3/16/2023 003552 AFLAC PREMIUM HOLDING, C AFLAC ACCIDENT INDEMNITY O BNB BANK LOCKBOX PAYMENT 211703 3/16/2023 021710 ALIVE SOLUTIONS INC ONLINE COURSES: LEADERS: TCSD 211704 3/16/2023 003951 ALL AMERICAN ASPHALT CONST CONTRACT SVC: YNEZ RD PW21-10 CONST CONTRACT SVC: YNEZ RD PW2' CONST CONTRACT SVC: YNEZ RD PW2' 211705 3/16/2023 017795 ALTA LANGUAGE SERVICES LANGUAGE SVCS: HR INC 211706 3/16/2023 009787 ALTEC INDUSTRIES INC 211707 3/16/2023 021430 APPLE, TIMOTHY RYAN VEHICLE REPAIRS: TRAFFIC MAINT: PW EQUIPMENT REPAIR: STREET MAINT: PV PRESENTATION: MUSICIANS FORART NIGHTS Amount Paid Check Total 9.54 118.80 858.69 987.03 309.01 76.96 76.96 400.00 358.84 75.00 1,296.77 6,311.62 6,311.62 527.14 527.14 1,821.58 1,821.58 1,375.05 1,375.05 3,147.99 3,147.99 399.84 399.84 20,282.50 3,670.80 151,415.10 175,368.40 264.00 264.00 1,280.00 658.81 1,938.81 400.00 400.00 Page6 apChkLst Final Check List Page: 7 03/16/2023 4:03:28PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 211708 3/16/2023 022888 ARAMARK SERVICES INC, DBA RFRSHMNT SVCS: FOC: PW ARAMARK REFRESHMENT RFRSHMNT SVCS: FOC: PW 211709 3/16/2023 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: RHRTPL: TCSD BOOK COLLECTIONS: RHRTPL: TCSD BOOK COLLECTIONS: RHRTPL: TCSD BOOK COLLECTIONS: RHRTPL: TCSD 211710 3/16/2023 023049 BETTS, KENNETH TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 211711 3/16/2023 001323 BLUETRITON BRANDS INC, WATER DLVRY SVCS: HELP CTR DBA READYREFRESH WATER DLVRY SVC: TVE2 WATER DLVRY SVCS: TVE2 WATER DLVRY SVCS: TVE2 WATER DLVRY SVCS: TVE2 WATER DLVRY SVCS: HARVESTON PARV 211712 3/16/2023 011348 BONCOR WATER SYSTEMS 03/02-03/29 WTR FILTER: FIRE STA 73 LLC, DBA SUNSHINE WATER SOFT 211713 3/16/2023 011421 BRODART CO 211714 3/16/2023 005970 BUTTERFIELD STAGE PLAYERS, DBA TEMECULA VALLEY 211715 3/16/2023 017813 BUXTON COMPANY 211716 3/16/2023 003138 CAL MAT, DBA VULCAN MATERIALS CO 211717 3/16/2023 010939 CALIF DEPT OF INDUSTRIAL, RELATIONS 211718 3/16/2023 021851 CALIF NEWSPAPERS PARTNERSHIP, DBA SO CALIF NEWS GROUP 211719 3/16/2023 016064 CDCE INC BOOK COLLECTIONS: RHRTPL: TCSD BOOK COLLECTIONS: RHRTPL: TCSD FY 22/23 COMMUNITY SVC FUNDING SITE SELECTION & RECRUITMENT ECO DEV ASPHALT SUPPLIES: STREET MAINT: PW ASPHALT SUPPLIES: STREET MAINT: PV1 139731 ELEVATOR INSPECTION: THEATER 139737 ELEVATOR INSPECTION: THEATE LEGAL PUBLICATIONS: CITY CLERK LIGHT BAR INSTALL: PUBLIC WORKS Amount Paid Check Total 122.10 266.56 7.00 11.42 170.50 40.78 483.00 338.10 676.20 257.60 483.00 483.00 22.16 82.29 73.94 79.29 55.45 13.89 330.00 46.79 50.07 5,000.00 7,500.00 648.12 203.91 225.00 225.00 3,483.45 4,800.00 388.66 229.70 2,720.90 327.02 330.00 96.86 5,000.00 7,500.00 852.03 450.00 3,483.45 4,800.00 Page:? apChkLst Final Check List Page: 8 03/16/2023 4:03:28PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 211720 3/16/2023 009640 CERTIFION CORP DBA ENTERSECT 211721 3/16/2023 014887 EMPLOYEE #00633 211722 3/16/2023 023192 CHAVARRIA, MELISSA 211723 3/16/2023 016446 CHRISTIAN STITCHERY INC, DBA SO CAL IMPRESSIONS 211724 3/16/2023 023175 COMPLETE OFFICE OF CALIFORNIA, INC 211725 3/16/2023 014521 COSTAR REALTY INFORMATION INC 211726 3/16/2023 001264 COSTCO TEMECULA 491 211727 3/16/2023 004329 COSTCO TEMECULA 491 211728 3/16/2023 002631 COUNTS UNLIMITED INC 211729 3/16/2023 001233 DANS FEED AND SEED INC 211730 3/16/2023 012600 DAVID EVANS AND ASSOCIATES INC 211731 3/16/2023 002990 DAVID TURCH AND ASSOCIATES 211732 3/16/2023 022826 DOCUSIGN INC 211733 3/16/2023 022798 IDS SERVICES OF AMERICA INC, SPARKLETTS 211734 3/16/2023 022892 DUGAN, KARA 211735 3/16/2023 023249 EISINGER, DEBORAH W (Continued) Description Amount Paid Check Total FEB ONLINE DATABASE SUBSCR: 200.00 200.00 POLICE REIMB: RFRSHMNTS: TVE2 VETERAN 196.47 196.47 SERIES PRESENTATION: THE ART OF 250.00 250.00 TATTOING: TCSD UNIFORMS: SPORTS: TCSD 1,509.29 UNIFORMS: SPORTS: TCSD 3,493.59 5,002.88 MISC OFC SUPPLIES: PLANNING 338.39 MISC OFC SUPPLIES: PLANNING DEPT 34.39 MISC OFC SUPPLIES: BLDG & SAFETY 110.13 MISC OFC SUPPLIES: CODE ENFORCEN 6.24 489.15 MAR'23 WEB SUBSCRIPTION: ECO 1,296.00 1,296.00 DEV MISC SUPPLIES: CERT. FIRE 730.70 730.70 SUPPLIES: SPECIAL EVENTS: TCSD 284.77 MISC MUSEUM & ACE EVENTS: TCSD: T` 198.14 482.91 TRAFFIC DATA COLLECTION: CIP: PW 1,600.00 1,600.00 MISC SUPPLIES: STREET MAINT: PW 42.34 42.34 CONST SUPPORT SVC: RECYCLED 270.00 270.00 WTR RETROFIT FEB FEDERAL LOBBYING SVCS: CITY 5,500.00 5,500.00 MGR DOCUSIGN ESIGNATURE SVCS: 19,807.19 19,807.19 FINANCE WATER DELIVERY: CMO 68.13 68.13 THEATER PERFORMANCE: 04/08/23 1,550.00 1,550.00 RELEASE CLAIMS SETTLEMENT: RISK 1,248.21 1,248.21 Page:8 apChkLst Final Check List Page: 9 03/16/2023 4:03:28PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 211736 3/16/2023 000164 ESGIL LLC 211737 3/16/2023 021859 EXP US SERVICES INC 211738 3/16/2023 023068 FALCICCHIO, NICHOLAS 211739 3/16/2023 000165 FEDERAL EXPRESS INC 211740 3/16/2023 002982 FRANCHISE TAX BOARD 211741 3/16/2023 009097 FULL COMPASS SYSTEMS 211742 3/16/2023 016184 FUN EXPRESS LLC 211743 3/16/2023 021527 GIANT DESIGN 211744 3/16/2023 009608 GOLDEN VALLEY MUSIC SOCIETY, DBA CA CHAMBER ORCHESTRA 211745 3/16/2023 022053 GRAEF, ANITA 211746 3/16/2023 020725 GRANICUS LLC, DBA GRANICUS 211747 3/16/2023 000186 HANKS HARDWARE INC 211748 3/16/2023 013749 HELIXSTORM INC 211749 3/16/2023 013321 HESS, JOHN PAUL (Continued) Description NOV PLAN CK SVCS: COMDEV JAN PLAN CK SVCS: COMDEV DEC PLAN CK SVCS: COMDEV CONSULTANT SVCS: SANTA GERTRUDIS CRK TRA REGISTRATION: CELL TECH: POLICE EXP MAIL SVCS: INFO TECH SUPPORT PAYMENT SOUND/LIGHTING SUPPLIES: THEATER MISC SUPPLIES: HUMAN SVCS: TCSD MISC SUPPLIES: SPECIAL EVENTS: TCS MISC SUPPLIES: SPECIAL EVENTS: TCS GRAPHIC DESIGN SVCS: ROD RUN: TCSD CLASSICS @ THE MERC 2/12 & 2/26 THEATER PERFORMANCE: 04/08/23 PUBLIC RECORDS SOFTWARE RENEWAL: IT MISC MAINT SUPPLIES: CHILDREN'S MUSEUM MISC MAINT SUPPLIES: LIBRARY MISC MAINT SUPPLIES: OLD TOWN MAIL MISC MAINT SUPPLIES: CIVIC CTR MISC MAINT SUPPLIES: AQUATICS MISC MAINT SUPPLIES: TRAFFIC: PW PALO ALTO NETWORK RENEWAL: INFO TECH IT INFRASTRUCTURE SUPPORT: INFO TI HPE SVC CREDITS: INFO TECH VIDEOGRAPHY SVCS: CITY MGR Amount Paid Check Total 21,827.00 18,514.70 28,890.94 2,243.00 6,000.00 8.42 50.00 258.80 399.06 1,121.97 215.88 13, 801.25 346.50 1,550.00 9,069.15 17.79 48.92 141.06 2,337.95 65.18 388.39 2,040.00 3,093.75 15,336.00 297.50 69,232.64 2,243.00 6,000.00 8.42 50.00 258.80 1,736.91 13, 801.25 346.50 1,550.00 9,069.15 2,999.29 20,469.75 297.50 Page9 apChkLst 03/16/2023 4:03:28PM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 211750 3/16/2023 003198 HOME DEPOT HARDWARE SUPPLIES: JRC: PW 1,224.46 HARDWARE SUPPLIES: JRC: PW 194.63 HARDWARE SUPPLIES: CIVIC CTR 56.31 HARDWARE SUPPLIES: CIVIC CTR 195.52 AIR COMPRESSOR: TRAFFIC MAINT: PW 1,037.96 HARDWARE SUPPLIES: TPL: PW 88.74 2,797.62 211751 3/16/2023 022877 INTL ASSOC OF EMERGENCY, MEMBERSHIP RENEWAL: EOC 199.00 199.00 MANAGERS 211752 3/16/2023 012883 JACOBS HOUSE INC FY 22/23 COMMUNITY SVC FUNDING 5,000.00 5,000.00 211753 3/16/2023 018352 JAMES ELLIOTT STTLMNT: ELTON JOHN TRIBUTE 03/04 5,076.73 5,076.73 ENTERTAINMENT 211754 3/16/2023 018352 JAMES ELLIOTT ADV PMT: THEATER PERF: WILD 2,750.00 2,750.00 ENTERTAINMENT WORLD 211755 3/16/2023 018352 JAMES ELLIOTT ADV PMT: THEATER PERF: EVERYDAY 2,750.00 2,750.00 ENTERTAINMENT PEOPLE 211756 3/16/2023 021896 JP HANDMADE CORP, DBA ENVELOPES: FINANCE 919.31 MINUTEMAN PRESS BUSINESS CARDS: FRONT RECEPTION 101.15 1,020.46 211757 3/16/2023 022914 KARRANT, JONATHAN TEM PRESENTS: REIMAGINED: 1,076.94 1,076.94 02/26/23 211758 3/16/2023 001091 KEYSER MARSTON ON CALL CONSULTANT SVCS: 1,332.50 1,332.50 ASSOCIATES INC PLANNING 211759 3/16/2023 014476 LABELTRONIX LLC PRINTING SVCS: ECON DEV 1,470.89 PRINTING SVCS: ECON DEV 1,307.41 PRINTING SVCS: ECON DEV 1,443.35 4,221.65 211760 3/16/2023 023206 LASTPASS US LP PASSWORD PROTECTION: INFO TECH 10,000.00 10,000.00 211761 3/16/2023 023227 LAWNSCAPE SYSTEMS INC WEED SPRAYING: STREETS: PW 24,512.00 24,512.00 211762 3/16/2023 019884 LEONIDA BUILDERS INC RET RELEASE: SANTA GERTRUDIS 245,134.17 CRK/PED REL STP NTC: RED HAWK SERVICES 200,415.75 STP NTC: RED HAWK SERVICES INC. -200,415.75 245,134.17 211763 3/16/2023 000394 MAINTENANCE STAFF TRAINING: TRAFFIC CONTROL: 200.00 200.00 SUPERINTENDENT, STREETS ASSOCIATION Page:10 apChkLst Final Check List Page: 11 03/16/2023 4:03:28PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 211764 3/16/2023 018925 MEMORABLE BITES LLC, DBA RFRSHMNTS: CERT CLASS TRAINING: FIREHOUSE SUBS FIRE 211765 3/16/2023 019252 NATIONAL CHARITY LEAGUE REFUND: SEC DEP: TCC 211766 3/16/2023 000727 NATIONAL FIRE PROTECTION MEMBERSHIP RENEWAL: FIRE DEPT ASSN, LEADS ETC INC 211767 3/16/2023 018099 NATIONAL SAFETY DOT TESTING: HR COMPLIANCE INC 211768 3/16/2023 023202 NEARMAP US INC AERIAL IMAGERY: GIS 211769 3/16/2023 013319 NEW TANGRAM LLC, DBA CUBICLE MODIFICATIONS: FINANCE TANGRAM 211770 3/16/2023 000209 NUTRIEN AG SOLUTIONS INC EQUIP REPAIR: STREET MAINT: PW 211771 3/16/2023 023155 OLD TOWN WISE RIDERS INC, VEH REPAIR & MAINTENANCE: TEM OLD TOWN TEMECULA SHERIFF VEH REPAIR & MAINTENANCE: TEM SHE VEH REPAIR & MAINTENANCE: TEM SHE VEH REPAIR & MAINTENANCE: TEM SHE VEH REPAIR & MAINTENANCE: TEM SHE VEH REPAIR & MAINTENANCE: TEM SHE VEH REPAIR & MAINTENANCE: TEM SHE 211772 3/16/2023 017720 PERPETUAL PARKS & SLIDE HARDWARE: CROWN HILL: PLAYGROUNDS PARKS 211773 3/16/2023 005820 PRE PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT INC, DBA LEGALSHIELD 211774 3/16/2023 010652 QUALITY CODE PUBLISHING MUNICIPAL CODE SERVICES: CITY CLERK 211775 3/16/2023 020127 QUINN COMPANY GENERATOR SVCS: COMMUNITY REC CTR 211776 3/16/2023 011853 RANCON COMMERCE CNTR, APR-JUN'23 BUS PKASSN DUE: STA PH23&4 73 APR-JUN'23 BUS PKASSN DUE: OVRLNI 211777 3/16/2023 001365 RIVERSIDE COUNTY OF, RENEW PERMIT: CRC: PW ENVIRONMENTAL HEALTH DEPT Amount Paid Check Total 1,352.09 1,352.09 200.00 200.00 1,152.50 1,152.50 101.95 101.95 10,000.00 10,000.00 7,523.25 7,523.25 17.39 17.39 1,832.90 4,943.49 1,561.55 3,557.93 3,204.63 1,496.33 516.11 17,112.94 2,550.00 2,550.00 234.90 234.90 2,256.90 2,256.90 1,286.16 1,286.16 510.71 198.38 709.09 844.00 844.00 Page:11 apChkLst Final Check List Page: 12 03/16/2023 4:03:28PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor (Continued) Description 211778 3/16/2023 022715 RIVERSIDE CO PUBLIC OCT EMERG RADIO RENTALS: CODE SAFETY, ENTERPRISE ENF COMMUNICATION MAR EMERG RADIO RENTALS: CODE EN AUG EMERG RADIO RENTALS: CODE EN SEP EMERG RADIO RENTAL: CODE ENF JAN EMERG RADIO RENTALS: EOC JAN EMERG RADIO RENTALS: CODE EN FEB EMERG RADIO RENTALS: EOC FEB EMERG RADIO RENTALS: CODE EN 211779 3/16/2023 004822 RIVERSIDE TRANSIT AGENCY JAN TROLLEY SVCS: CITY MGR 211780 3/16/2023 022843 SAFETY CENTER SAFETY TRAININGS: TRAFFIC INCORPORATED CONTROL/FLAGGI 211781 3/16/2023 023258 SAN FERNANDO VALLEY, NEW VEHICLE: BLDG INSPECTOR: AUTOMOTIVE LLC COM DEV NEW VEHICLE: CODE ENFORCEMENT NEW VEHICLE: CODE ENFORCEMENT NEW VEHICLE: BLDG INSPECTOR: COM 211782 3/16/2023 009980 SANBORN GWYNETH A, CO COUNTRY LIVE! @ THE MERC 3/4/23 TEMECULA MUSIC ACADEMY 211783 3/16/2023 017699 SARNOWSKI SHAWNA M PRESTON 211784 3/16/2023 021309 SB&OINC 211785 3/16/2023 013695 SHRED IT US JV LLC, DBA SHRED IT USA LLC 211786 3/16/2023 000519 SOUTH COUNTY PEST CONTROL INC PHOTOGRAPHY SVCS: CULTURE DAY PHOTOGRAPHY SVCS: ART NIGHT PHOTOGRAPHY SVCS: ECON DEV PHOTOGRAPHY SVCS: WOMENS HISTO PHOTOGRAPHY SVCS: THEATER: TCSD PHOTOGRAPHY SVCS: CESAR CHAVEZ PHOTOGRAPHY SVCS: HH VALENTINES ADA TRANSITION PLAN: PW18-16: CIP DOCUMENT SHRED SVCS: CITY CLERK PEST CONTROL SVCS: LIBRARY PEST CONTROL SVCS: TCC/PANTRY/SAI PEST CONTROL SVCS: STA 12 PEST CONTROL SVCS: BIRDSALL PK PEST CONTROL SVCS: TES POOL PEST CONTROL SVCS: WOLF CREEK Pk Amount Paid Check Total 338.35 205.20 388.35 116.50 77.67 388.35 77.67 388.35 2,198.60 1.800.00 31,804.61 33,600.11 31,804.61 33,654.49 832.50 250.00 250.00 475.00 275.00 825.00 225.00 150.00 8,817.60 46.58 90.00 123.00 74.00 70.00 59.00 49.00 1,980.44 2,198.60 1,800.00 130,863.82 832.50 2,450.00 8,817.60 46.58 465.00 Page-12 apChkLst Final Check List Page: 13 03/16/2023 4:03:28PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 211787 3/16/2023 008337 STAPLES BUSINESS CREDIT MISC OFC SUPPLIES: THEATER: TCSD MISC OFC SUPPLIES: TCSD MISC OFC SUPPLIES: TCSD MISC OFC SUPPLIES: FINANCE MISC OFC SUPPLIES: THEATER: TCSD MISC OFC SUPPLIES: FINANCE MISC SUPPLIES: RHRTPL: TCSD 211788 3/16/2023 017814 STC TRAFFIC INC TRAFFIC ENG SVCS: FIBER OPTIC COMM PLAN 211789 3/16/2023 000876 TEMECULA VALLEY BALLOON SPONSORSHIP: BALLOON FESTIVAL & WINE, FESTIVAL '23 ASSOCIATION 211790 3/16/2023 019793 URBANE CAFE, TGH RFRSHMNTS: ACE EVENT 3/3/23 ENTERPRISES LLC 211791 3/16/2023 023055 VAN OTTERLOO INC EQUIP REPAIR: STREET MAINT: PW EQUIP REPAIR: PARKS: PW 211792 3/16/2023 022692 VERSA PRODUCTS INC ERGONOMIC SUPPLIES: HR 211793 3/16/2023 020670 WEBB MUNICIPAL FINANCE PROF SVCS: TCSD SERVICE LEVELS LLC 211794 3/16/2023 012343 WEST COAST PERFORMING, STTLMNT: BOHEMIAN QUEEN 2/23 ARTS PRESENTERS 211795 3/16/2023 013556 WESTERN AV AV EQUIP: OLD TOWN & VARIOUS FACILITIES: 211796 3/16/2023 005754 WESTERN EAGLE FY 22/23 COMMUNITY SVC FUNDING FOUNDATION 211797 3/16/2023 000621 WESTERN RIVERSIDE FY22/23 AB939 DUES/SOLID WASTE COUNCIL OF, GOVERNMENTS CO-OP WRCOG 211798 3/16/2023 005118 EMPLOYEE #00327 REIMB: AOAP CONF 2/10-2/17 211799 3/16/2023 013938 WOODSIDE 05S LP DEPOSIT REFUND: CFD FORMATION 211800 3/16/2023 003776 ZOLL MEDICAL CORPORATION, PARAMEDIC SUPPLIES: MEDIC: FIRE GPO Amount Paid Check Total 47.51 142.70 225.49 84.62 29.90 51.04 158.27 739.53 11,792.50 11,792.50 27,000.00 27,000.00 253.81 253.81 1,966.75 753.00 2,719.75 3,025.48 3,025.48 5,000.00 5,000.00 14,302.82 14,302.82 59,718.92 59,718.92 5,000.00 5,000.00 8,176.82 8,176.82 2,859.43 2,859.43 45,157.50 45,157.50 7.748.81 7.748.81 Grand total for UNION BANK: 1,100,124.68 Page:13 apChkLst Final Check List Page: 14 03/16/2023 4:03:28PM CITY OF TEMECULA 116 checks in this report. Grand Total All Checks: 1,100,124.68 Page:14 apChkLst 03/21/2023 2:46:25PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 14798 2/17/2023 000262 RANCHO CALIF WATER VAR JAN WATER 3004755 41000 MAIN 17,219.50 17,219.50 DISTRICT ST 14823 2/7/2023 018858 FRONTIER CALIFORNIA INC JAN INTERNET SVCS: STA 73 176.68 176.68 14824 2/8/2023 010276 TIME WARNER CABLE FEB INTERNET SVCS: 32211 WOLF 199.31 199.31 VALLEY RD 14825 2/24/2023 000262 RANCHO CALIF WATER VAR JAN WATER 3003793 28250 YNEZ 5,258.65 5,258.65 DISTRICT RD LAKE 14829 3/9/2023 006887 UNION BANK OF CALIFORNIA 023233 BROOKFIELDS RFRSHMNTS: DIRECTORS AWARD 49.57 EVENT: FIRE 013338 APPLE STORE ADD'L PHONE STORAGE: FIRE DEPT 0.99 023232 IDEAL PRINT & COPY PRINTING SVCS: QR STICKERS: FIRE 57.09 001256 MARRIOTT HOTEL LODGING: FIRE DEPT DIRECTORS 222.16 AWARD 003296 INTL CODE COUNCIL REGISTRATION: TRAINING CLASS: 450.00 FIRE 023233 BROOKFIELDS RFRSHMNTS: DIRECTORS AWARD 72.19 EVENT: FIRE 001256 MARRIOTT HOTEL LODGING: FIRE DEPT DIRECTORS 222.16 AWARD 009486 SHELL OIL FUEL: DIRECTORS AWARD EVENT: 69.74 FIRE 009486 SHELL OIL FUEL: DIRECTORS AWARD EVENT: 41.17 FIRE 009486 SHELL OIL FUEL: DIRECTORS AWARD EVENT: 100.37 FIRE 001264 COSTCO TEMECULA 491 CONDOLENCE FLOWERS: FIRE 51.10 003296 INTL CODE COUNCIL REGISTRATION: TRAINING CLASS: 675.00 FIRE 011816 DALESIO INC PRESENTATION HELMET: FIRE 1,075.04 3,086.58 14831 3/9/2023 006887 UNION BANK OF CALIFORNIA 022878 WESTON MEDICAL EMERGENCY MGMT JOURNALS: EOC 560.00 PUBLISHING 001060 HYATT LODGING: CONFERENCE: EOC 245.71 012839 SCHOOL OUTFITTERS LLC EQUIPMENT: WHITEBOARD TABLES: 758.35 1,564.06 EOC Page:1 apChkLst Final Check List Page: 2 03/21/2023 2:46:25PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 14833 3/9/2023 006887 UNION BANK OF CALIFORNIA 021482 GIFTCARDS.COM EMPLOYEE RECOGNITION: HR 111.88 004905 LIEBERT CASSIDYAND WEBINAR: HR TRAINING 25.00 WHITMORE 015496 SAN DIEGO AIRPORT PARKING PARKING: PARMACONF: HR 84.00 021482 GIFTCARDS.COM EMPLOYEE RECOGNITION: 428.45 WELLNESS 000863 1 P M A INTL PUBLIC MGMT, MEMBERSHIP RENEWAL: HR 835.00 ASSOC FOR HR 021482 GIFTCARDS.COM EMPLOYEE RECOGNITION: 111.90 WELLNESS 004905 LIEBERT CASSIDYAND WEBINAR: HR TRAINING 75.00 WHITMORE 022925 AMERICAN SOCIETY OF MEMEBERSHIP: HR 235.00 SAFETY, PROFESSIONALS 018323 GOAT & VINE THE RFRSHMNTS: EMPLOYMENT LAW 124.24 MTG: HR 022853 IMOVR EQUIP: ERGONOMIC DESKS: HR 1,957.50 023237 BURGERS AND BEER RFRSHMNTS: TEAMSTERS MTG: HR 187.58 021986 ERGOTRON EQUIP: ERGONOMIC PARTS: HR 270.79 021986 ERGOTRON EQUIP: ERGONOMIC PARTS: HR 270.79 4,717.13 14835 2/21/2023 010276 TIME WARNER CABLE FEB INTERNET SVCS: 32131 S LOOP 282.52 282.52 RD 14855 3/3/2023 000262 RANCHO CALIF WATER VARIOUS WATER JANUARY 6,790.00 6,790.00 DISTRICT 14856 3/2/2023 022942 MOOD MEDIA NORTH MAR DISH NETWORK 41952 6TH ST 65.18 65.18 AMERICA, HOLDINGS LLC 14857 3/2/2023 022942 MOOD MEDIA NORTH MAR DISH NETWORK 32131 175.38 175.38 AMERICA, HOLDINGS LLC BUTTERFIELD STG 14860 3/9/2023 019983 RIVERSIDE COUNTY, REINVEST PRGM: BEHAVIORAL 250,000.00 250,000.00 PROFESSIONAL HEALTH GRANT FIREFIGHTERS 14861 3/10/2023 000262 RANCHO CALIF WATER 3037031: PARK SITE DE PORTOLA RD 61.46 61.46 DISTRICT 14863 3/6/2023 010276 TIME WARNER CABLE FEB INTERNET SVCS: 32364 119.99 119.99 OVERLAND TRL Paget apChkLst 03/21/2023 2:46:25PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 14864 3/8/2023 010276 TIME WARNER CABLE MAR INTERNET SVCS: 32211 WOLF 199.33 199.33 VALLEY RD 14866 3/10/2023 018858 FRONTIER CALIFORNIA INC FEB INTERNET SVCS: STA 73 171.84 171.84 14867 3/13/2023 021434 MATRIX TELECOM LLC DBA FEB 800 SERVICES: CIVIC CENTER 69.60 69.60 LINGO Grand total for UNION BANK: 290,157.21 Page:3 apChkLst Final Check List Page: 4 03/21/2023 2:46:25PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description Amount Paid Check Total 504232 3/23/2023 013015 ALWAYS RELIABLE BACKFLOW REPAIRS: VINTAGE HILLS 260.00 BACKFLOW, AKA NANETTE SEMAN BACKFLOW REPAIRS: VARIOUS MEI 520.00 BACKFLOW REPAIRS: CRC: PW 425.00 1,205.00 504233 3/23/2023 007282 AMAZON CAPITAL SERVICES MISC SUPPLIES: BLDG & SAFETY 149.95 INC MISC SUPPLIES: HR 72.31 VEHICLE SAFETY EQUIP: LAND DE\ 195.70 417.96 504234 3/23/2023 000936 AMERICAN RED CROSS, STAFF/LIFEGUARDS CERTS: 568.10 568.10 HEALTH AND SAFETY SVCS AQUATICS 504235 3/23/2023 013950 AQUA CHILL OF SAN DIEGO MAR DRINKING WTR SYS MAINT: PW 29.36 MAR DRINKING WTR SYS MAINT: JF 28.55 MAR DRINKING WTR SYS MAINT: MI 35.89 FEB DRINKING WTR SYS MAINT: PV 29.36 MAR DRINKING WTR SYS MAINT: F( 28.55 MAR DRINKING WTR SYS MAINT: T\ 28.55 MAR DRINKING WTR SYS MAINT: TF 28.55 MAR DRINKING WTR SYS MAINT: TF 28.55 MAR DRINKING WTR SYS MAINT: IT 28.55 MAR DRINKING WTR SYS MAINT: CI 213.97 479.88 504236 3/23/2023 007065 B&H PHOTO & ELECTRONICS MISC AV EQUIPMENT: INFO TECH 4,056.53 CORP MISC AV EQUIPMENT: INFO TECH 1,067.62 5,124.15 504237 3/23/2023 021588 BRAUN PETER, DBA MAR PLANTSCAPE SVC: LIBRARY 200.00 200.00 TEMECULA PLANTSCAPE 504238 3/23/2023 004248 CALIF DEPT OF JUSTICE FEB FINGERPRINT SVC: CUSTODIAL 98.00 98.00 ACCTING CONTRACT 504239 3/23/2023 000442 COMPUTER ALERT SYSTEMS ALARM MONITORING CITY 5,505.00 5,505.00 FACILITIES:PW 504240 3/23/2023 010650 CRAFTSMEN PLUMBING & PLUMBING SVCS: PARKS: PW 325.00 HVAC INC PLUMBING SVCS: STA 73: FIRE 280.00 PLUMBING SVCS: STA84: FIRE 1,248.00 1,853.00 504241 3/23/2023 001393 DATATICKET INC, DBA FEB CITIATIONS PROCESSING: 1,809.66 1,809.66 REVENUE EXPERTS POLICE 504242 3/23/2023 003945 DIAMOND ENVIRONMENTAL TEMPORARY FENCING: MCCABE CT 95.00 95.00 SRVCS 504243 3/23/2023 018247 DOKKEN ENGINEERING DSGN SVCS: SOUTHSIDE PARKING 900.00 900.00 LOT Page:4 apChkLst 03/21/2023 2:46:25PM Final Check List CITY OF TEMECULA Page: 5 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504244 3/23/2023 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: FIRE DEPT 256.17 FUEL FOR CITY VEHICLES: EOC 65.76 FUEL FOR CITY VEHICLES: BLDG & 238.90 FUEL FOR CITY VEHICLES: CODE E 118.68 FUEL FOR CITY VEHICLES: CODE E 41.02 FUEL FOR CITY VEHICLES: BLDG & 363.22 1,083.75 504245 3/23/2023 021412 EIDE BAILLY LLP FEB 23 FINANCIAL STATEMENT AUDIT 1,000.00 1,000.00 504246 3/23/2023 002577 ENGINEERING RESOURCES, ENG SVCS: DE PORTOLA: PW22-13 6,617.50 6,617.50 OF SOUTHERN CALIF INC 504247 3/23/2023 009618 ENNIS FLINT INC BIKE LANE LEGENDS: CIP: PW 28,268.43 28,268.43 504248 3/23/2023 017135 EMPLOYEE #00472 REIMB: CPRS CONNECTIONS CONF 395.00 395.00 504249 3/23/2023 016436 EMPLOYEE #00494 REIMB: XENIAAWARDS 60.00 60.00 504250 3/23/2023 021365 GEORGE HILLS COMPANY INC JAN CLAIMS ADMINISTRATION: HR 4,151.20 4,151.20 504251 3/23/2023 021308 GILLIS & PANICHAPAN ARCHITECT SVCS: CRC FAC RENO PH 5,935.00 ARCHITECTS, INC II EXTERIORADAIMPROV'TARCHITE( 4,075.00 ARCHITECTURAL SVCS: CRC: PW1f 4,340.00 14,350.00 504252 3/23/2023 003792 GRAINGER MAINT SUPPLIES: STREETS: PW 78.34 78.34 504253 3/23/2023 020628 HASA INC POOL SANITIZING CHEMICALS: VARI 1,313.07 1,313.07 POOLS 504254 3/23/2023 006914 INNOVATIVE DOCUMENT CANON COPIER REPLACEMENT: PD 2,115.51 2,115.51 SOLUTIONS MALL 504255 3/23/2023 020893 JEFF KATZ ARCHITECTURAL DSGN SVCS CRC SPLASH PAD: 1,352.25 1,352.25 CORP PW21-07 504256 3/23/2023 013127 JEFFREY STOVER ONSTAGE, TEM PRESENTS: 11TH ANNUAL JAZZ 2,919.73 2,919.73 MUSICALS FESTIVAL 504257 3/23/2023 022824 EMPLOYEE #00630 REIMB: TEAM PACE 250.00 250.00 504258 3/23/2023 003726 LIFE ASSIST INC MEDICAL SUPPLIES: MEDIC: FIRE 1,553.39 1,553.39 Page:5 apChkLst Final Check List Page: 6 03/21/2023 2:46:25PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 504259 3/23/2023 022664 MARIPOSATREE MANAGEMENT INC 504260 3/23/2023 018675 MDGASSOCIATES INC 504261 3/23/2023 004951 MIKE'S PRECISION WELDING INC (Continued) Description TREE SVCS: MEDIANS: PARKS TREE SVCS: P-24 HARVESTON: PAF TREE SVCS: MEDIANS: PARKS TREE SVCS: S-21 VAIL RANCH: PAR TREE SVCS: S-03 RANCH HIGHLAN[ TREE SVCS: S-08 REMOVAL: PARKS TREE SVCS: HARVESTON LAKE: PA TREE SVCS: S-13 PRESELY SLOPE: TREE SVCS: MEDIANS: PARKS TREE SVCS: MEDIANS: PARKS TREE SVCS: S-18 TEMEKU HILLS: R TREE TRIMMING: MEDIANS: PARKS TREE SVCS: MEDIANS: PARKS TREE SVCS: MEDIANS: PARKS TREE SVCS: MEDIANS: PARKS FEB ADA LABOR COMPLIANCE: PW18-16 FEB CDBG-CV EMER MORTG ASSIS FEB ADA LABOR COMPLIANCE: PW: FEB CDBG PRGM ADMIN: PLANNINC WELDING SVCS: PARKS: PW 504262 3/23/2023 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: FACILITY INC REHAB PROJ ELECTRICAL SUPPLIES: CHILDREN! 504263 3/23/2023 022599 NIEVES LANDSCAPE INC FEB LDSCP MAINT SVCS: SLOPES: PARKS: PW 504264 3/23/2023 021121 OCCUPATIONAL HEALTH CTR PRE -EMPLOYMENT SCREENINGS: HR OF CA, DBA CONCENTRA MEDICAL CTR 504265 3/23/2023 021998 OLD TOWN TIRE AND SERVICE VEHICLE MAINT: BLDG & SAFETY INC VEHICLE MAINT: CODE ENFORCEM VEHICLE MAINT: CODE ENFORCEM VEHICLE MAINT: STREET MAINT: P� VEHICLE MAINT: BLDG & SAFETY 504266 3/23/2023 012904 PRO ACTIVE FIRE DESIGN FEB PLAN REVIEW SVCS: FIRE PREV AND, CONSULTING Amount Paid Check Total 14,039.00 752.60 1,049.72 23,416.29 5,218.19 1,842.36 1,143.45 3,645.78 472.40 377.92 13,215.70 566.82 1,172.85 2,581.47 3,939.00 51.25 76.88 589.38 4,736.25 180.00 36.31 103.83 60, 309.58 38.00 347.72 347.72 347.72 232.17 347.72 10,273.50 73,433.55 5,453.76 180.00 140.14 60, 309.58 38.00 1,623.05 10,273.50 Page:6 apChkLst Final Check List Page: 7 03/21/2023 2:46:25PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 504267 3/23/2023 005075 PRUDENTIAL OVERALL SUPPLY 504268 3/23/2023 022537 REFRIGERATION SUPPLIES DISTRIBUTOR (Continued) Description FLOOR MATS/ TOWEL RENTALS: LIBRARY FLOOR MATS/TOWEL RENTALS: MP FLOOR MATS/TOWEL RENTALS: THI FLOOR MATS/ TOWEL RENTALS: LIE FLOOR MATS/TOWEL RENTALS: TC( FLOOR MATS/TOWEL RENTALS: THI UNIFORM SVCS: STREET MAINT: Pb UNIFORM SVCS: STREET MAINT: Pb UNIFORM SVCS: PARK MAINT: PW FLOOR MATS/TOWEL RENTALS: FO, UNIFORM SVCS: STREET MAINT: P� UNIFORM SVCS: PARK MAINT: PW UNIFORM SVCS: PARK MAINT: PW FLOOR MATS/TOWEL RENTALS: SEI FLOOR MATS/TOWEL RENTALS: CRC FLOOR MATS/TOWEL RENTALS: TVI FLOOR MATS/TOWEL RENTALS: THI FLOOR MATS/TOWEL RENTALS: TVI FLOOR MATS/TOWEL RENTALS: TC( FLOOR MATS/TOWEL RENTALS: TC( MISC HVAC SUPPLIES: PARKING GARAGE 504269 3/23/2023 020429 REMOTE SATELLITE SYSTEMS FEB '23 SAT PH AIRTIME/APR FEE: INTL EOC Amount Paid Check Total 19.88 24.52 9.89 19.88 14.32 9.89 44.64 47.06 4.62 10.28 15.96 70.78 4.62 24.52 31.45 12.74 9.89 12.74 14.32 14.32 70.17 349.15 416.32 70.17 349.15 Page:7 apChkLst Final Check List Page: 8 03/21/2023 2:46:25PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 504270 3/23/2023 002412 RICHARDS WATSON AND GERSHON 504271 3/23/2023 004274 SAFE AND SECURE LOCKSMITH SRVC 504272 3/23/2023 009213 SHERRY BERRY MUSIC 504273 3/23/2023 021620 SIEMENS MOBILITY INC, YUNEX LLC (Continued) Description FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES JAN 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES FEB 2023 LEGAL SERVICES LOCKSMITH SVCS: CIVIC CTR LOCKSMITH SVCS: TVE2: PW JAZZ @ THE MERC 3/9/23 JAZZ @ THE MERC 3/2/23 TEM PRESENTS: THEN & NOW 02/2, STREET LIGHT REMOVAL: MEADOWS PKWY 504274 3/23/2023 013482 SILVERMAN ENTERPRISES 03/01-03/26 SECURITY: ROTATING INC. DBA BAS SECURITY PARKS 504275 3/23/2023 000944 SWARCO MCCAIN INC TRAFFIC CABINET: STREET MAINT PW 504276 3/23/2023 021549 EMPLOYEE #00534 REIMB: TEAM PACE Amount Paid Check Total 8,071.93 69.00 42,166.15 1,646.00 15,472.47 113.00 53.00 383.50 830.06 29.50 855.50 87.28 2,203.91 3,646.50 2,035.50 1,995.00 354.00 5,188.24 236.00 7,038.50 8,276.92 212.10 2,153.50 7,258.97 1,032.50 1,091.50 3,622.00 38,742.57 16.15 398.75 800.00 2,485.00 1,778.00 4,837.56 4,647.50 5,018.82 260.99 154, 865.10 414.90 5,063.00 4,837.56 4,647.50 5,018.82 260.99 Page:8 apChkLst Final Check List Page: 9 03/21/2023 2:46:25PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504277 3/23/2023 020399 VOICES FOR CHILDREN CDBG REIMBURSEMENT: JUL-DEC'22 4,198.88 4,198.88 504278 3/23/2023 020275 WALLACE & ASSOC FEB CONST MGMT SVCS: CRC: 18,300.00 CONSULTING LLC, ANSER PW19-07 ADVISORY MNGMT LLC JAN INSPECTION SVCS: LAND DEV/ 14,076.00 32,376.00 504279 3/23/2023 000820 WINCHAK KRIS R, DBA K R W & FEB ENG PLAN CK REVIEW: LAND DEV 11,130.00 11,130.00 ASSOCIATES Grand total for EFT UNION BANK: 458,863.89 Pages apChkLst Final Check List Page: 10 03/21/2023 2:46:25PM CITY OF TEMECULA 65 checks in this report. Grand Total All Checks: 749,021.10 Page:10 apChkLst Final Check List Page: 1 03/23/2023 12:50:56PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description 14793 2/28/2023 000537 SO CALIF EDISON VARIOUS JAN SCE 14796 2/28/2023 010276 TIME WARNER CABLE VARIOUS JAN/FEB INTERNET SVCS 14797 2/28/2023 018858 FRONTIER CALIFORNIA INC VARIOUS JAN/FEB INTERNET SVCS 14804 2/27/2023 001212 SO CALIF GAS COMPANY VARIOUS JAN SO CAL GAS 14834 2/21/2023 002390 EASTERN MUNICIPAL WATER VARIOUS JAN WATER SVCS DIST 14858 3/7/2023 014486 VERIZON WIRELESS 1/16-2/15 CELLULAR/BROADBAND:CITYWIDE 14869 3/16/2023 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT SUPPORT 14870 3/16/2023 021301 I C M A RETIREMENT PLAN ICMA- 401(A) RETIREMENT PLAN 106474 PAYMENT 14871 3/16/2023 000194 I C M A RETIREMENT PLAN ICMA-RC RETIREMENT TRUST 457 303355 PAYMENT 14874 3/16/2023 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 14875 3/16/2023 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT SOLUTION PAYMENT 14876 3/16/2023 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT SOLUTION PAYMENT 14880 3/17/2023 000262 RANCHO CALIF WATER VARIOUS WATER FEBRUARY BATCH 1 DISTRICT 14881 3/21/2023 002390 EASTERN MUNICIPAL WATER VARIOUS FEB WATER SVCS DIST 14882 3/20/2023 010276 TIME WARNER CABLE MAR INTERNET SVCS: 32131 S LOOP RD 211801 3/23/2023 013387 ADAME LANDSCAPE INC, DBA MAR SWEEPING SVCS: PARKING SWEEPING UNLIMITED GARAGE Amount Paid Check Total 159,729.30 159,729.30 12,033.59 12,033.59 10,130.78 10,130.78 40,826.64 40,826.64 1,113.65 1,113.65 12,207.23 12,207.23 138.92 138.92 384.62 384.62 17,700.31 17,700.31 14,471.21 14,471.21 427.79 427.79 4,202.28 4,202.28 24,768.06 24,768.06 2,473.33 2,473.33 292.34 292.34 540.00 540.00 Page:1 apChkLst 03/23/2023 12:50:56PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 211802 3/23/2023 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES: STREET MAINT: 370.79 PW ASPHALT SUPPLIES: STREET MAINT: PV1 466.12 ASPHALT SUPPLIES: STREET MAINT: PV1 998.53 1,835.44 211803 3/23/2023 009787 ALTEC INDUSTRIES INC EQUIPMENT REPAIR: STREET MAINT: 233.25 233.25 PW 211804 3/23/2023 002187 ANIMAL FRIENDS OF THE FEB ANIMAL CONTROL SVCS: 10,500.00 10,500.00 VALLEYS TEMECULA 211805 3/23/2023 000101 APPLE ONE INC JAN TEMP HELP: FINANCE 14,732.92 14,732.92 211806 3/23/2023 022888 ARAMARK SERVICES INC, DBA RFRSHMNTS SVCS: CIVIC CTR: PW 920.16 920.16 ARAMARK REFRESHMENT 211807 3/23/2023 021689 ASCENT ENVIRONMENTAL INC SEIR: TEM VLY HOSPITAL: PA22-0105 12,333.75 SEIR: TEM VLY HOSPITAL: PA22-0105 9,945.00 22,278.75 211808 3/23/2023 001323 BLUETRITON BRANDS INC, WATER DLVRY SVCS: FOC 85.89 85.89 DBA READYREFRESH 211809 3/23/2023 023077 BW INDUSTRIES INC PROJ MGMT SVCS: DOCUSIGN 2,275.00 2,275.00 211810 3/23/2023 003138 CAL MAT, DBAVULCAN ASPHALT SUPPLIES: STREET MAINT: 493.45 493.45 MATERIALS CO PW 211811 3/23/2023 021851 CALIF NEWSPAPERS LEGAL PUBLICATIONS: PLANNING 802.27 PARTNERSHIP, DBA SO CALIF NEWS GROUP LEGAL PUBLICATIONS: PLANNING 3,463.14 4,265.41 211812 3/23/2023 020549 CALLYO 2009 CORP MOBILE PHONE TECHNOLOGY: 3,888.00 3,888.00 POLICE 211813 3/23/2023 018828 CASC ENGINEERING AND, JAN COMMERCIAL/IND'L 1,942.50 1,942.50 CONSULTING INC INSPECTIONS: NPDES 211814 3/23/2023 022930 CCS SAN DIEGO JANITORIAL APR JANITORIAL SVCS: OTSF POLICE 616.04 616.04 INC, DBACCS FACILITY SERVICES 211815 3/23/2023 005417 CINTAS PROTECTION NO 2, FIRE EXTINGUISHER INSPECTION: 275.89 275.89 CINTAS FIRE 636525 PARKS 211816 3/23/2023 023175 COMPLETE OFFICE OF MISC OFC SUPPLIES: CODE 285.33 285.33 CALIFORNIA, INC ENFORCEMENT Paget apChkLst 03/23/2023 12:50:56 P M Final Check List CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 211817 3/23/2023 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES: PARKS: PW DIST 211818 3/23/2023 011922 CORELOGIC INC, DBA FEB SOFTWARE SUBSCRIPTION: CORELOGIC SOLUTIONS CODE ENF 211819 3/23/2023 023248 CORTEZ GASTELUM, MARIA NEWSPAPER SUBSCRIPTION: MPSC: VICTORIA TCSD 211820 3/23/2023 004329 COSTCO TEMECULA 491 211821 3/23/2023 012600 DAVID EVANS AND ASSOCIATES INC 211822 3/23/2023 012614 DBX INC 211823 3/23/2023 022893 DUGAN, PETER 211824 3/23/2023 023263 ENVIRONMENTAL LOGISTICS INC 211825 3/23/2023 004836 EWING IRRIGATION PRODUCTS INC 211826 3/23/2023 021515 EMPLOYEE #00587 211827 3/23/2023 015330 FAIR HOUSING COUNCIL, OF RIVERSIDE COUNTY INC NEWSPAPER SUBSCRIPTION: MPSC TC: NEWSPAPER SUBSCRIPTION: MPSC: TC NEWSPAPER SUBSCRIPTION: MPSC: TC NEWSPAPER SUBSCRIPTION: MPSC: TC NEWSPAPER SUBSCRIPTION: MPSC: TC NEWSPAPER SUBSCRIPTION: MPSC: TC NEWSPAPER SUBSCRIPTION: MPSC: TC NEWSPAPER SUBSCRIPTION: MPSC: TC NEWSPAPER SUBSCRIPTION: MPSC: TC NEWSPAPER SUBSCRIPTION: MPSC: TC NEWSPAPER SUBSCRIPTION: MPSC: TC NEWSPAPER SUBSCRIPTION: MPSC: TC NEWSPAPER SUBSCRIPTION: MPSC: TC NEWSPAPER SUBSCRIPTION: MPSC: TC NEWSPAPER SUBSCRIPTION: MPSC: TC NEWSPAPER SUBSCRIPTION: MPSC: TC NEWSPAPER SUBSCRIPTION: MPSC: TC RFRSHMNTS: EVENTS: TVM & ACE TEEN EGG HUNT SUPPLIES: TCSD DSGN SVCS: MPSC REC AREA: PW22-08 FEB DSGN SVCS: RECYCLED WTR PRO. TRAFFIC SIGNAL INSTALLATION: CIP: PW THEATER PERFORMANCE: 04/08/23 DISPOSAL HAZARDOUS WASTE: FIRE STA 84 5 YEAR DATA SVC PLAN: PARKS: PW REIMB: TEAM PACE FEB SUB -RECIPIENT: FAIR HOUSING SVCS Amount Paid 62.04 284.50 iiE:yfli 112.50 93.75 125.00 118.75 125.00 112.50 118.75 118.75 118.75 112.50 118.75 125.00 125.00 125.00 118.75 118.75 125.00 266.03 1,846.84 9,165.58 117.50 170,797.74 1,549.99 321.25 3,458.25 250.00 1,565.67 Page: 3 Check Total 62.04 284.50 2,131.25 2,112.87 9,283.08 170,797.74 1,549.99 321.25 3,458.25 250.00 1,565.67 Page:3 apChkLst 03/23/2023 12:50:56PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 211828 3/23/2023 000165 FEDERAL EXPRESS INC EXPRESS MAIL SVCS: FIRE 17.95 EXPRESS MAIL SVCS: CIP 13.85 EXPRESS MAIL SVCS: CIP 8.17 EXP MAIL SVCS: CODE ENFORCEMENT 25.29 65.26 211829 3/23/2023 022832 GEOTAB USA INC VEHICLE TELEMATICS: CITY FLEET 1,501.00 VEHICLE TELEMATICS: CITY FLEET 1,573.68 3,074.68 211830 3/23/2023 000186 HANKS HARDWARE INC MISC MAINT SUPPLIES: STREETS: PW 1,125.55 MISC MAINT SUPPLIES: FIRE DEPT 742.52 1,868.07 211831 3/23/2023 022946 EMLOYEE #07115 REIMB: TEAM PACE 29.88 29.88 211832 3/23/2023 003198 HOME DEPOT ARTIFICIALTURF: GROUNDBREAKING 255.35 FV HRDWR SUPPLIES: DAY CAMP: TCSD 2,205.45 2,460.80 211833 3/23/2023 011049 HOSPICE OF THE VALLEYS SC CDBG REIMBURSEMENT: JUL-DEC'22 4,547.06 4,547.06 211834 3/23/2023 021896 JP HANDMADE CORP, DBA PRINTING SVCS: FINANCE 103.78 103.78 MINUTEMAN PRESS 211835 3/23/2023 004813 M AND J PAUL ENTERPRISES JUMPER RENTALS: SPECIAL GAMES: 995.00 995.00 INC, DBA JOLLY JUMPS TCSD 211836 3/23/2023 006140 NORTH JEFFERSON BUSINESS APR-JUN'23ASSN DUES 1810#16: FV 571.82 PARK APR-JUN '23 ASSN DUES 8358 #20: FV 722.04 APR-JUN '23 ASSN DUES 0155 #19: FV 694.58 APR-JUN'23ASSN DUES 8329#17: FV 531.43 2,519.87 211837 3/23/2023 003964 OFFICE DEPOT BUSINESS SVS MISC OFC SUPPLIES: NPDES: PW 10.86 DIV MISC OFC SUPPLIES: NPDES: PW 51.92 MISC OFC SUPPLIES: FINANCE -35.38 MISC OFC SUPPLIES: FINANCE -15.32 12.08 211838 3/23/2023 019440 QUADIENT INC POSTAGE FOR METER: TEM SHERIFF 255.60 255.60 211839 3/23/2023 002176 RANCHO CALIF BUS PKASSOC APR-JUN'23 BUS PKASSN DUE: DIAZ 2,033.07 RD APR-JUN '23 BUS PK ASSN DUE: TVE2 2,234.14 APR-JUN'23 BUS PKASSN DUE: FOC 1,843.17 6,110.38 211840 3/23/2023 017391 RISE INTERPRETING INC FEB SIGN LANGUAGE INTERPRETING: 1,120.00 1,120.00 CLASSES 211841 3/23/2023 022715 RIVERSIDE CO PUBLIC FEB EMERG RADIO RENTALS: POLICE 1,893.31 1,893.31 SAFETY, ENTERPRISE COMMUNICATION Page:4 apChkLst Final Check List Page: 5 03/23/2023 12:50:56PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 211842 3/23/2023 022495 RIVERSIDE CO SHERIFFS BUSINESS CARDS: TEM SHERIFF GREYBAR 211843 3/23/2023 022593 RIVERSIDE CO, OFC OF PROMOTION PRGM: ICSC BOOTH ECONOMIC DEV SPACE 211844 3/23/2023 001097 ROADLINE PRODUCTS INC PAINT ACCESSORIES FOR STENCIL TRUCK: PW 211845 3/23/2023 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: MPSC: TCSD PRESTON 211846 3/23/2023 023259 SCHOOL SAFETY ADVOCACY, REGISTRATION: SCHOOL SAFETY COUNCIL INC CONF 211847 3/23/2023 022929 SCP DISTRIBUTORS LLC, DBA MISC POOL SUPPLIES: AQUATICS: PW LINCOLN AQUATICS MISC POOL SUPPLIES: AQUATICS: PW MISC POOL SUPPLIES: AQUATICS: PW MISC POOL SUPPLIES: AQUATICS: PW MISC POOL SUPPLIES: AQUATICS: PW MISC POOL SUPPLIES: AQUATICS: PW 211848 3/23/2023 022929 SCP DISTRIBUTORS LLC, DBA MISC POOL SUPPLIES: AQUATICS: PW LINCOLN AQUATICS MISC POOL SUPPLIES: AQUATICS 211849 3/23/2023 013376 SECURITY SIGNAL DEVICES ALARM SYS SVCS: TPL INC, SSD SYSTEMS 211850 3/23/2023 015457 SHAW HR CONSULTING INC CONSULTING SVCS: REGISTRATION: HR 211851 3/23/2023 013695 SHRED IT US JV LLC, DBA DOCUMENT SHRED SVCS: CITY SHRED IT USA LLC CLERK DOCUMENT SHRED SVCS: CITY CLERK 211852 3/23/2023 014818 SKYFIT TECH INC FITNESS CENTER ENHANCEMENTS: HR 211853 3/23/2023 002503 SOUTH COAST AIR QUALITY, I C E ELEC GEN DIESEL: CIVIC CTR MANAGEMENT DISTRICT FLAT EMISSIONS FEE: CIVIC CTR Amount Paid Check Total 64.65 64.65 4,000.00 4,000.00 1,390.89 1,390.89 250.00 250.00 1,650.00 1,650.00 300.30 -150.00 -170.00 -50.00 78.39 242.86 251.55 -100.00 248.80 148.80 1,093.00 1,093.00 2,798.00 2,798.00 247.91 1,735.54 1,983.45 2,167.48 2,167.48 468.76 151.85 620.61 Pages apChkLst 03/23/2023 12:50:56PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 211854 3/23/2023 000519 SOUTH COUNTY PEST PEST CONTROL SVCS: CIVIC CTR 120.00 CONTROL INC PEST CONTROL SVCS: RRSP 94.00 PEST CONTROL SVCS: WOLF CREEK Pk 49.00 PEST CONTROL SVCS: FOC 52.00 PEST CONTROL SVCS: STA 92 42.00 PEST CONTROL SVCS: WEDDING CHAR 32.00 PEST CONTROL SVCS: STA 95 80.00 PEST CONTROL SVCS: CRC 94.00 PEST CONTROL SVCS: CRC 90.00 PEST CONTROL SVCS: SENIOR CENTEF 29.00 PEST CONTROL SVCS: MUSEUM 42.00 724.00 211855 3/23/2023 013935 SOUTHERN CALIFORNIA UTILITY RELOCATION: 1-15/FV PKWY 2,875.51 2,875.51 EDISON CO IMPRVMN 211856 3/23/2023 008337 STAPLES BUSINESS CREDIT MISC OFC SUPPLIES: TCSD 274.04 MISC OFC SUPPLIES: LAND DEV: PW 41.42 MISC OFC SUPPLIES: NPDES: PW 54.87 370.33 211857 3/23/2023 015648 STEIN ANDREW, DBA PARKINK MISC MERCHANDISE: SPECIAL 3,465.17 3,465.17 EVENTS:TCSD 211858 3/23/2023 023221 SWCA INCORPORATED CONSULT SVCS: WILDFIRE 2,309.30 2,309.30 PROTECTION PLAN 211859 3/23/2023 010061 TEMECULA OLIVE OIL WORKFORCE PGM: YOUNG WOMEN'S 451.60 451.60 COMPANY CONF 211860 3/23/2023 000306 TEMECULA VALLEY PIPE & IRRIGATION/PLUMBING SUPPLIES: 642.92 642.92 SUPPLY PARKS: PW 211861 3/23/2023 003941 TEMECULA WINNELSON MISC PLUMBING SUPPLIES: PARKS 26.15 26.15 COMPANY 211862 3/23/2023 002452 TOP LINE INDUSTRIAL, MISC SUPPLIES: STREET MAINT: PW 22.85 22.85 PRODUCTS INC 211863 3/23/2023 000161 TYLER TECHNOLOGIES INC REGISTRATION: CONFERENCE: FIRE 1,099.00 1,099.00 211864 3/23/2023 000161 TYLER TECHNOLOGIES INC REGISTRATION: CONFERENCE: FIRE 1,099.00 1,099.00 211865 3/23/2023 014850 VALLEY PRINTING SERVICES PRINTING SVCS: QLMP BOOKLET 404.55 404.55 INC 211866 3/23/2023 014486 VERIZON WIRELESS 2/11-3/10 TASK FORCE TABLETS: 475.11 475.11 POLICE Page6 apChkLst Final Check List Page: 7 03/23/2023 12:50:56PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 211867 3/23/2023 022692 VERSA PRODUCTS INC ERGONOMIC SUPPLIES: HR 211868 3/23/2023 001890 VORTEX INDUSTRIES INC DOOR REPAIR: CIVIC CENTER 211869 3/23/2023 007987 WALMART MISC SUPPLIES: EASTER HUNT: TCSD 211870 3/23/2023 022529 WERLE TIMOTHY J, DBA CHALLENGE COINS: FIRE DEPT CAMPAIGN FIRE COINS 211871 3/23/2023 000339 WEST PUBLISHING FEB CLEAR SUBSCRIPTION: TEM CORPORATION, DBA SHERIFF THOMSON REUTERS 211872 3/23/2023 017053 WOHLFORD CHAD TYLER DBA, CONSULTING SVCS: FINANCE WOHLFORD CONSULTING 211873 3/23/2023 023093 WOLFE INTERACTIVE INC MISC PROMOTIONAL ITEMS: ECON DEV Amount Paid Check Total 1,900.97 1,143.98 97.38 1,200.00 1.053.45 6,075.00 220.00 Grand total for UNION BANK: 1,900.97 1,143.98 97.38 1,200.00 1,053.45 6,075.00 220.00 625, 015.19 Page-7 apChkLst Final Check List Page: 8 03/23/2023 12:50:56PM CITY OF TEMECULA 88 checks in this report. Grand Total All Checks: 625,015.19 Page:8 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Betsy Lowrey, Assistant to the City Manager DATE: April 11, 2023 SUBJECT: Approve Amended and Restated Office Lease and Memorandum of Lease Between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley PREPARED BY: Betsy Lowrey, Assistant to the City Manager RECOMMENDATION: That the City Council approve amended and restated office lease and memorandum of lease between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley in substantially the form as attached and authorize the Assistant City Manager to execute same. BACKGROUND: The City recognizes the value of Visit Temecula Valley's operations to the City of Temecula and its residents, and the value of having the Visit Temecula Valley offices located adjacent to City Hall within the tourism district of Old Town. Visit Temecula Valley proactively markets, promotes, and supports Temecula's continually growing $1.1 Billion annual tourism economy that welcomes approximately 3 million visitors each year (based on pre-COVID pandemic data). Temecula's vibrant tourism economy provides value to the City of Temecula by fueling job creation, economic growth, tourism development and strengthening the City's brand. Currently, the Tourism industry generates nearly $4 Million annually in Transient Occupancy Tax within the City of Temecula. In addition, City Hall front desk staff directs many walk-in tourists (anticipated to grow significantly with several approved hotel developments in Old Town) to Visit Temecula Valley for tourist and promotional information. Visit Temecula Valley has been a tenant of the Civic Center Complex since 2011. Visit Temecula Valley initially leased a portion of office and retail space adjacent to the public parking garage and the Police Station on the 1st floor facing Mercedes Street. In 2019, Visit Temecula Valley completed tenant improvements on the 2nd floor to occupy both the 1 st floor and 2nd floor totaling 5,001 square feet. On August 1, 2022, Visit Temecula Valley relinquished a portion (335 square feet) of their original 1 st floor office lease space to the City, and on November 8, 2022 relinquished the remaining 1st floor office and retail lease space. This allowed Visit Temecula Valley's operations to be conducted solely on the 2nd floor that was improved in 2019, totaling 3,985 square feet known as 28690 Mercedes Street, Suite 201, Temecula. It also allowed the City to expand its Old Town Police station on the 1st floor for a more visible police presence in Old Town, and provided adequate space for the Old Town Metro Team to be housed. Additionally, the former Visit Temecula Valley store front Visitors Center on the 1 st floor has become the City's rebranded Welcome Center. The initial term of the Amended and Restated Office Lease will be five years and will provide approximately $392,300 in revenue to the City. The monthly rent will be $6,538.27, with increases based on the Consumer Price Index upon expiration of the initial five-year lease. FISCAL IMPACT: Office space rental revenue will generate $6,538.27 per month ATTACHMENTS: 1. Amended and Restated Office Lease 2. Memorandum of Lease AMENDED AND RESTATED OFFICE LEASE BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY CONVENTION & VISITORS BUREAU DBA VISIT TEMECULA VALLEY This Amended and Restated Office Lease Between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley ("Lease") is made by and between the City of Temecula, a municipal corporation ("City" or "Landlord") and Temecula Valley Convention & Visitors Bureau, a California non-profit corporation, dba Visit Temecula Valley ("Tenant") and is effective on the date it is fully executed. The City and Tenant may be referred to below collectively as the "Parties". In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: 1. RECITALS. This Lease is made with respect to the following purposes and facts that the Parties acknowledge as true and correct: A. On November 24, 2009, the Parties entered into that certain Office Lease for the rental by Tenant of certain premises located in the building located at 28690 Mercedes Street, Suite 201, Temecula, California ("Building"). The Parties later entered into a First Amendment and Second Amendment to said Office Lease (collectively "2009 Office Lease"). The term of the 2009 Office Lease commenced on March 11, 2011 and expired on February 28, 2018. B. On February 13, 2018, the Parties entered into that certain Office Lease for the rental by Tenant of certain premises located in the Building. The Parties entered into four amendments to the 2018 Office Lease (collectively "2018 Office Lease"). On February 13, 2019, the Parties entered into a First Amendment to the 2018 Office Lease. On May 5, 2020, the Parties entered into a Second Amendment to the 2018 Office Lease. On July 14, 2020, the Parties entered into a Third Amendment to the 2018 Office Lease. On March 26, 2021, the Parties entered into a Fourth Amendment to the 2018 Office Lease. C. As of August 1, 2022, the Parties agreed to an initial reduction of 335 square feet from the total 5,001 square feet leased by Tenant to allow the City to proceed with expansion of the Old Town Police Station on the first floor of City Hall. Based on potential plans of the City to use additional portions of the leased area located on the first floor of the Building, the Parties continued their discussions regarding the space that Tenant would lease from the Building. On November 8, 2022, the Parties agreed to a total reduction of the first floor to allow the City to use the entire first floor of the Building. Accordingly, effective November 8, 2022, the Parties agreed that Tenant would occupy a total approximate 3,985 square foot portion of the Building located solely on the Second Floor of the Building for a monthly rate of $6,538.27 effective November 8, 2022 and in consideration of all leased area reductions and a CPI adjustment of 4.9% in September of 2022. The total 3,985 square foot portion of the Building that Tenant occupies as of November 8, 2022 is referred to below as the "Premises" and is depicted on Exhibit "A", which is attached hereto and incorporated herein by this reference. D. Both the City and Tenant recognize the value of Visit Temecula Valley's operations to the City of Temecula and its residents and the value of having the Visit Temecula Valley offices located adjacent to City Hall within the tourism district of Old Town. Visit Temecula Valley proactively markets, promotes and supports Temecula's continually growing $1.1 Billion annual tourism economy that welcomes approximately 3 million visitors each year to the Temecula Valley. Temecula's vibrant tourism economy provides value to the City of -1- 11086-0111 \2763059v3.doc Temecula by fueling job creation, economic growth, tourism development and strengthening the City' s brand. Currently, the Tourism industry generates local tax revenue of $6.9 Million annually for the City of Temecula from tourists driving more than 50 miles away, which does not include local or regional visitors. In addition, City Hall front desk staff directs many walk-in tourists to the Visit Temecula Valley for tourist and promotional information. Tourism is anticipated to grow significantly with several approved hotel developments in Old Town. E. The Parties wish to enter into this Lease to set forth the terms and conditions of Tenant's lease of the Premises. This Agreement replaces in its entirety the 2018 Lease. Accordingly, the 2018 Lease, as amended by the First Amendment, Second Amendment, Third Amendment and Fourth Amendment, will have no force or effect. F. The above Recitals are incorporated in this Lease by this reference. NOW THEREFORE, in consideration of the terms and conditions of this Lease, the City and Tenant agree to Tenant's Lease of the Premises, subject to the terms and conditions set forth below. 2. PREMISES; CONFERENCE CENTER; PARKING; COMMON AREAS A. Premises. Subject to the terms and conditions of this Lease, the City hereby leases to Tenant and Tenant hereby leases from the City, the Premises described in Exhibit "A" attached hereto and incorporated herein by this reference. The Premises consist of an approximate 3,985 square foot area located on the second floor of the Building located at 28690 Mercedes Street, Suite 201, Temecula. B. Use of Conference Center. Upon 14 days prior written notice to City given no more than once a month, Tenant will have the right to use the portion of the Building commonly referred to as the "Conference Center" for a monthly meeting of Tenant's Board of Directors. Tenant will coordinate with the City regarding the date for said monthly meeting to avoid conflicts with other scheduled uses of the Conference Center. C. Parking. Tenant's customers will have the right to use the parking spaces in the parking facility in the Building, which is free of charge. Tenant agrees that Tenant's employees, contractors, officers, and agents will only park on level 2 and level 3 of the parking facility that is part of the Building. There are no reserved or designated parking spaces assigned to Tenant. D. Common Areas. Tenant will also have the non-exclusive right to use Common Areas (as hereinafter defined) for ingress and egress to and from the Premises. As used herein, the term "Common Areas" will mean all areas within the exterior boundaries of the parcel of land on which the Building is located that is now or later made available for the general, nonexclusive use of City, other persons entitled to occupy the Building and the exterior boundaries and the term "Project" will mean the Building together with the parcel of land on which the Building is located. Tenant understands and acknowledges that, although included within the definition of "Common Area" herein, the parking facility and related facilities for the Project may, at City's sole and absolute option and in accordance with applicable laws and governmental requirements, be available and open to the general public for parking. City will have the right to (i) utilize from time to time any portion of the Common Area for promotional, entertainment and -2- 2763059v4 related matters; (ii) place permanent or temporary kiosks, displays, carts and stands in the Common Area and to lease same to tenants; (iii) restrain the use of the Common Area by unauthorized persons; (iv) temporarily close any portion of the Common Area for repairs, improvements or alterations, to discourage non -customer use, to prevent dedication or an easement by prescription or for any other reason deemed sufficient in City's judgment; and (v) renovate, upgrade or change the shape and size of the Common Area or add, eliminate or change the location of improvements to the Common Area including, without limitation, buildings, parking areas, roadways and curb cuts, and to construct buildings on the Common Area. E. AS -IS Condition. City makes no warranties or representations, express or implied, regarding the condition of the Premises or Building and Tenant will take possession of the Premises in "AS -IS" condition. 3. TERM. A. Term. The Term of the Lease of the Premises commenced on November 8, 2022 (Commencement Date). The Term of the Lease will terminate five years from the Commencement Date; provided, however, that the initial five-year term will automatically extend, on an annual basis, for one year, and such annual extensions ("Annual Extension Periods") will continue in perpetuity unless City or Tenant give 30 days prior written notice to the other (at any time during any one year annual extension) that said party elects to terminate this Lease, and this Lease will terminate at the end of said 30-day period. The initial five-year term of the Premises as so extended by the Annual Extension Periods, is hereinafter referred to as the "Term". B. Renegotiation Option. Prior to the commencement of any of the Annual Extension Periods, the City has the option to renegotiate the terms of the Lease by providing written notice to Tenant 30 days prior to the commencement of any such one-year extension period. 4. RENT; ADJUSTMENTS; SECURITY DEPOSIT. A. Monthly. Commencing on November 8, 2022, Tenant will pay to City for Tenant's lease of the Premises, as monthly rent, without deduction, setoff, notice or demand, in advance, on or before the first business day of each calendar month the sum of $6,538.27 per month (3,985 square feet @ $1.6407199 per square foot), which will be adjusted in accordance with Paragraph 4.13. of the Lease. All rental payments hereunder will be paid by Tenant to City of Temecula, Attention: Finance Department, 41000 Main Street, Temecula, California, or at such other address or to such other persons as the City may from time to time designate in writing. B. Rent Adjustments. For a period of five (5) years from the Commencement Date, rent shall be fixed at a rate of $6,538.27 per month. Following expiration of the initial five (5) year term, the then -current monthly rent will be increased by the lesser of (i) 50 percent (50%) of the percentage increase in the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor ("Bureau") for the Riverside -San Bernardino -Ontario Metropolitan Area or successor thereto ("CPI") preceding expiration of the five (5) year term, as determined by City by dividing the CPI published 3 months prior to the expiration of the five (5) year term by the CPI published 15 months prior to expiration of the five (5) year term; or (ii) five percent (5%), whichever is lower. City will notify Tenant in writing of the Adjusted Monthly Rent following expiration of the initial five (5) year term, which notification is sufficient via City invoice statement to the Tenant providing the rent amount due. -3- 2763059v4 C. Security Deposit. Tenant has deposited a total security deposit of $6,751.00 ("Security Deposit") with City as security for Tenant's faithful performance of Tenant's obligations under this Lease. The $6,751.00 Security Deposit consists of $2,832.00 deposited by Tenant as security in connection with the 2009 Office Lease and $3,919.00 deposited by Tenant as security in connection with the 2018 Office Lease. If Tenant fails to pay rent, or otherwise defaults under this Lease, City may use, apply or retain all or any portion of said Security Deposit for the payment of any amount already due City for rent which will be due in the future, and/ or to reimburse or compensate City for any liability, expense, loss or damage that City may suffer or incur by reason thereof. If City uses or applies all or any portion of the Security Deposit, Tenant will within ten days after written request from City, deposit monies with City sufficient to restore said Security Deposit to the full amount required by this Lease. When the rent increases during the Term of this Lease, Tenant will, upon written request from City, deposit additional monies with City so that the total amount of the Security Deposit will at all times bear the same proportion to the increased rent as the initial Security Deposit bore to the initial rent. City will not be required to keep the Security Deposit separate from its general accounts. Within 90 days after the expiration or termination of this Lease ( or such earlier date as required by law), City will return that portion of the Security Deposit not used or applied. No part of the Security Deposit will be considered to be held in trust, to bear interest, or to be prepayment for any monies to be paid by Tenant under this Lease. 5. USE. Tenant will use the Premises solely for office purposes. Tenant will not use or permit the Premises to be used for any other purpose without the prior written consent of City, which may be withheld in the City's sole and absolute discretion. 6. ALTERATIONS AND IMPROVEMENTS. Tenant must obtain City's written approval with respect to any changes, alterations or additions to the Premises. City's approval process will be in addition to any municipal code, regulatory and legal requirements. All alterations, additions, or changes to be made to the structure or improvements on the Premises will be under the supervision of a competent architect or competent licensed structural engineer and made in accordance with the plans and specifications with respect thereto, and all work must be done in a good and workmanlike manner and diligently prosecuted to completion. 7. MAINTENANCE. City will, at its sole cost and expense, maintain the Building (including plumbing, heating, HVAC and electrical systems) in operable, condition, and repair. City will provide janitorial services for the Common Areas of the Building in accordance with the City's janitorial service contract for the Building, as amended from time to time. City will not provide janitorial services for the Premises. Tenant will maintain the Premises in good condition and repair. 8. ASSIGNMENT AND SUBLETTING. Tenant will not either voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest herein, or any right or privilege appurtenant hereto, or allow any other person (the employees, agents, servants and invitees of Tenant excepted) to occupy or use the Premises, or any portion thereof, without first obtaining the written consent of City, which consent may be withheld in the City's sole and absolute discretion. A consent to one assignment, subletting, occupation or use by any other person will not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Consent to any such assignment or subletting will in no way relieve Tenant of any liability under this Lease, whether or not the term 0 2763059v4 of this Lease is extended by the assignee or sublessee. Any such assignment or subletting without such consent will be void, and will, at the option of the City, constitute a default under this Lease. 9. INDEMNIFICATION. The Tenant 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 Tenant'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 to the extent arising from Tenant's use of the Premises, Tenant's construction of the Tenant Improvements, or from the conduct of its business or from any activity, work performed, or other things done, suffered by the Tenant in or about the Premises (excluding acts and omissions by City or City's contractors). If any action or proceeding is brought against any Indemnitee by reason of any such claim, Tenant, upon notice from any Indemnitee, will defend said Indemnitee at Tenant's expense, by counsel reasonably satisfactory to said Indemnitee. Tenant will give prompt notice to City in case of casualty or accidents in the Premises. 10. INSURANCE REQUIREMENTS. A. Tenant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Tenant, 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 1185 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Tenant 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 Tenant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Tenant shall execute a declaration that it has no employees. B. Limits of Insurance. Tenant shall maintain limits no less than: 1) General Liability: One Million ($1,000,000) 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 -5- 2763059v4 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) accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 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 activities performed by or on behalf of the Tenant; products and completed operations of the Tenant; premises owned, occupied or used by the Tenant; or automobiles owned, leased, hired or borrowed by the Tenant. 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 Tenant'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 Tenant'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 of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Tenant'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 in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Tenant 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. W 2763059v4 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. Tenant 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. All endorsements are to be received and approved by the City before work commences. 11. UTILITIES; HVAC. City will provide and pay for water and trash pick-up. Tenant will obtain and pay for all other utilities, including gas, electricity, internet service, and phone service. Tenant will pay Tenant's reasonable prorated share of utilities contracted for by City (including electricity and gas), as determined by City, on a monthly basis within ten days after City gives written notice to Tenant of the amount due. 12. SIGNS. Except for any signage that Tenant installed on the exterior of the Premises previously approved by the City, Tenant will not, without City's prior written approval, install or affix any lighting or plumbing fixtures, shades, awnings, or decorations (including exterior painting), signs, lettering, placards, or the like on the exterior of Premises; display or sell merchandise on, or otherwise obstruct, any area outside the exterior walls of the Premises; or cause or permit to be used any advertising, loudspeakers, unusually bright or flashing lights, and similar devices which may be seen or heard outside the Premises. The signage previously installed by Tenant on the exterior of the Premises and approved by the City is depicted on Exhibit "C" attached hereto and incorporated herein by this reference. 13. COMPLIANCE WITH LAW. Tenant, at its expense, will comply promptly with all applicable laws, ordinances, regulations, and orders of any governmental authority pertaining to the Premises or Tenant's use or occupancy of the Premises or improvement of said Premises (including laws, ordinances, regulations and orders pertaining to non-structural improvements required by law, the location and maintenance of trade fixtures, equipment, and other personal property; the conduct of Tenant's employees; preparation, storage, and service of food and drink, and the like, but excluding new laws or changes in laws that require improvements to the structural components of the Premises). 14. RIGHT OF ACCESS. The City and City's officers, employees, and agents will at all reasonable times have the right to enter the Premises for the purpose of inspecting the same, posting notices of non -responsibility or any other notices required by law for the protection of the City, doing any work that City is permitted or required to perform under this Lease, and making any reasonable repairs which the City determines may be required. Tenant will furnish City with a pass key to the Premises, which the City will use only in case of emergency to prevent or investigate a crime, or in such cases where access is necessary to prevent damage to the Building or to any portion of the Premises or to make repairs necessary to ensure continuous operation of the Building. City will have the right to enter the Premises and post "For Lease" or "For Rent" signs in any windows of the Premises: (i) during any period while Tenant is in default, and (ii) after delivery of any notice of termination. In conducting its activities on the Premises as allowed in this Paragraph 14, City will use good faith efforts to notify Tenant, and attempt to minimize the inconvenience, annoyance, or disturbance to Tenant. -7- 2763059v4 15. TAXES. Tenant will pay or cause to be paid, before delinquency, any and all taxes levied and assessed which become payable during the Term hereof against its interest in the Premises, upon improvements made by Tenant, or any equipment, furniture, fixtures, and any other personal property located in or on the Premises, or which become a lien against the Premises or Tenant's interest therein. TENANT RECOGNIZES AND UNDERSTANDS THAT THIS LEASE MAY CREATE A POSSESSORY INTEREST SUBJECT TO PROPERTY TAXES LEVIED UPON SUCH INTEREST, AND THAT IN SUCH EVENT TENANT WILL BE OBLIGATED TO PAY SUCH TAX OR PURSUE AN EXEMPTION. CITY IS IN NO WAY LIABLE FOR ANY SUCH TAXES ON THE POSSESSORY INTEREST, IF ANY. 16. RULES AND REGULATIONS. Tenant will faithfully observe and comply with the rules and regulations that City may from time to time promulgate and/or modify. The rules and regulations will be binding upon the Tenant upon delivery of a copy of them to Tenant. City will not be responsible to Tenant for the nonperformance of any said rules and regulations by any other lessees or occupants of the Building. 17. TENANT'S DEFAULT. The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant other than described where such failure will continue for a period of 30 days after written notice thereof by City to Tenant constitutes a breach or default by Tenant; provided, however, that if the nature of Tenant's breach or default is such that more than 30 days are reasonably required for its cure, then Tenant will not be deemed to be in default if Tenant commences such cure within said 30-day period and thereafter diligently prosecutes such cure to completion. 18. REMEDIES UPON TENANT DEFAULT. In the event of any such default or breach by Tenant, City may at any time thereafter, in its sole discretion, with or without notice or demand and without limiting City in the exercise of a right or remedy which City may have by reason of such default or breach terminate Tenant's right to possession of the Premises by written notice to Tenant, in which case this Lease will terminate and Tenant will immediately surrender possession of the Premises to City. City may also pursue any other remedy now or hereafter available to City under the laws or judicial decisions of the State of California. 19. DEFAULT BY CITY. City will not be in default unless City fails to perform obligations required of City within 30 days after written notice by Tenant to City specifying wherein City has failed to perform such obligation; provided, however, that if the nature of City's obligation is such that more than 30 days are required for performance then City will not be in default if City commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. 20. DAMAGE; RECONSTRUCTION. In the event the Premises or parking areas are damaged by fire or other perils, City may terminate this Lease by written notice to Tenant. 21. EMINENT DOMAIN. If any portion of the Building or the Premises is taken or appropriated by any authority under the power of eminent domain, City may terminate this Lease by written notice to Tenant. hi any such case, any Tenant Improvements constructed by Tenant on the Premises are considered real property and are considered to be owned by the City. 22. SUCCESSORS. Each and every one of the terms, covenants, and conditions of this Lease will inure to the benefit of and will bind, as the case may be, not only the Parties hereto but 10 2763059v4 each and every one of the heirs, executors, administrators, successors, assigns, and legal representatives of the Parties hereto; provided, however, that any subletting or assignment by Tenant of the whole or any part of the Premises or any interest therein will be subject to the provisions of Paragraph 8 of this Lease. 23. HOLDING OVER. If Tenant, with City's prior written consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by City to Tenant terminating this Lease, such possession by Tenant will be deemed to be tenancy at will (or as otherwise expressly agreed by City in its written consent), terminable upon notice given at any time by either Party, at a monthly rental equal to the fair rental value of the Premises, as determined by City in its good faith discretion. All provisions of this Lease except those pertaining to rent and term will apply to the tenancy. 24. SURRENDER. At the expiration or termination of the Term of this Lease, Tenant will surrender the Premises to the City in the same condition as received, reasonable wear and tear excepted; provided, however, that: (i) all of Tenant's machinery, equipment and other trade fixtures will remain Tenant's property and Tenant may remove Tenant's personal property, provided Tenant removes such machinery, equipment, trade fixtures and personal property at Tenant's cost prior to the expiration of the Term or within 30 days after any earlier termination of said Term; (ii) City may require Tenant to remove all fixtures, personal property and/or alterations installed by Tenant by written notice given at least 30 days prior to the expiration of the Term or concurrently with City's termination notice, as applicable; and (iii) Tenant will remove Tenant's exterior sign and will repair all damage caused by the removal. Unless otherwise provided in writing by City to Tenant, at the expiration or termination of the Term, all Tenant Improvements are considered real property and are considered to be owned by the City. 25. GENERAL PROVISIONS. A. Waiver. The waiver by City of any term, covenant or condition herein contained will not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same or other term, covenant or condition herein contained. The acceptance of rent hereunder by City will not be deemed to be a waiver of any default by Tenant of any term, covenant, or condition herein contained, regardless of City's knowledge of such default at the time of the acceptance of such rent. B. Time. Time is of essence of this Lease and each and all of its provisions. C. Prior Agreements. This Lease contains all of the agreements of the Parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreements or understanding pertaining to any such matters will be effective for any purpose. D. Inability to Perform. This Lease and the obligations of the Tenant hereunder will not be affected or impaired because the City is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of nature, or any cause beyond the reasonable control of the City. E. Construction; Captions. The Parties agree that this Lease is the project of joint draftsmanship and that should any of the terms be determined by a court, or in any type of quasi-judicial or other proceeding, to be vague, ambiguous and/or unintelligible, that the same 0 2763059v4 sentences, phrases, clauses or other wording or language of any kind will not be construed against the drafting party in accordance with California Civil Code Section 1654, and that each party to this Lease waives the effect of such statute. The captions and section titles to the sections of this Lease are not a part of the Lease and will have no effect upon the construction or interpretation of any part of this Lease. Unless provided otherwise, any term referencing time, days, or period for performance will be deemed calendar days and not work days. F. Partial Invalidity. Any provision of this Lease that is proved to be invalid, void, or illegal will in no way affect, impair or invalidate any other provision hereof and such other provision will remain in full force and effect. G. Amendments. Any modification or amendment to this Lease will be of no force and effect unless it is in writing and signed by the Parties or their respective successors in interest. H. Counterparts. This Lease may be executed in any number of counterparts, each of which, when executed and delivered, will be deemed to be an original, and all of which, taken together, will be deemed to be one and the same instrument. I. Governiniz Law and Venue. This Lease will be interpreted and enforced according to, and the Parties' rights and obligations, including any non -contractual claims, will be governed by the domestic law of the State of California, without regard to its laws regarding choice of applicable law. Any proceeding or action to enforce this Lease or pertaining to this Lease will be filed in the Superior Court of the County of Riverside, California. J. Cit.APprovals. Neither City's execution of this Lease nor any consent or approval given by City hereunder in its capacity as City will waive, abridge, impair or otherwise affect City's powers and duties as a governmental body. Any requirements under this Lease that Tenant obtain consents or approvals of City are in addition to and not in lieu of any requirements of law that Tenant obtain approvals or permits. K. No Third -Party Beneficiaries. The Parties will not be obligated or liable under this Lease to any party other than each other. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. L. Brokers. Tenant represents and warrants that Tenant has not had any dealings with realtors, brokers or agents in connection with the negotiation of this Lease. M. Recorded Memorandum of Lease. Concurrently with its execution and delivery of this Lease, Tenant will execute, acknowledge and deliver to City, for recordation, a Memorandum of Lease in a form prescribed by the City. N. Exhibits. All Exhibits referenced in this Lease are incorporated as though set forth in full in this Lease. O. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, by personal delivery, or by Federal Express or other overnight carrier. Notices will be considered given upon the earlier of (i) personal delivery, (ii) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (iii) one business day following deposit with Federal -10- 2763059v4 Express or other overnight carrier. If notice is received on a Saturday, Sunday or legal holiday, it will be deemed received on the next business day. The Parties will address such notices as provided below or as may be amended by written notice: City: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Assistant City Manager Tenant: Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley 28690 Mercedes Street, Suite 201 Temecula, California 92590 Attention: Chairman of the Board and VP of Finance & Operations [SIGNATURES ON NEXT PAGE] -11- 2763059v4 IN WITNESS WHEREOF, the Parties have executed this Lease as of the date set forth below: City/Landlord: CITY OF TEMECULA, a municipal corporation Dated: 2023 Tenant• TEMECULA VALLEY CONVENTION & VISITORS BUREAU, a California nonprofit corporation, dba Visit Temecula Valley Dated: , 2023 By: By: Kevin Hawkins, Assistant City Manager ATTEST: Randi Johl, City Clerk Approved as to form: Peter M. Thorson, City Attorney Print Name: Title: Dated: , 2023 By: Print Name: Title: 2763059v4 -12- £Ih■bit "A" Description of Premises -I- Exhibit "B" Depiction of Signage Installed by Tenant on Exterior of Premises E O«;CE visor frEMECUL4 VALLEY VISITORS CF;NTtR RECORDING REQUESTED BY; AND WHEN RECORDED RETURN TO: City of Temecula 41000 Main Street Temecula, California 92590 Attention: City Clerk's Office [X] Portions of APN Space Above For Recorder's Use Only The undersigned declares that this Memorandum of Lease is exempt from Recording Fees pursuant to California Government Code Section 27383 and exempt from Documentary Transfer Tax pursuant to California Revenue and Taxation Code Section 11922. MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE ("Memorandum") is dated as of April 11, 2023, and is executed by the CITY OF TEMECULA, a California municipal corporation ("City"), and Temecula Valley Convention & Visitors Bureau, a California non-profit corporation, dba Visit Temecula Valley ("Tenant"). RFCTTAT,S A. Tenant and City have entered into that certain Amended and Restated Office Lease Between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley, with an effective date of November 8, 2022 (the "Lease"). Pursuant to the Lease, City has agreed to lease and rent to Tenant, and Tenant has agreed to lease and rent from City, an approximate 3,985 square foot portion ("Premises") of the building located at 28690 Mercedes Street, Suite 201, Temecula ("Building"). The Premises are described on Exhibit A hereto. B. B. Pursuant to the Lease, Tenant and its customers have the right to use certain parking spaces in the parking facility located in the Building and the non-exclusive right to use certain Common Areas, subject to the terms of the Lease. C. The Term of the Lease commenced on November 8, 2022. D. Tenant and City now desire to enter into this Memorandum to provide record notice of the Lease. 2761222v1 AGREEMENT NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Tenant and City agree as follows: 1. Lease. City hereby leases and demises the Premises to Tenant, and Tenant hereby leases and accepts the Premises from City subject to the terms of the Lease. The Term of the Lease of the Premises commenced on November 8, 2022 (Commencement Date) and will terminate five years from the Commencement Date; provided, however, that the initial five-year term will automatically extend, on an annual basis, for one year, and such annual extensions ("Annual Extension Periods") will continue in perpetuity unless City or Tenant give 30 days prior written notice to the other (at any time during any one year annual extension) that said party elects to terminate this Lease, and this Lease will terminate at the end of said 30-day period. 2. Purpose. This Memorandum is prepared for the purposes of recordation only and in no way modifies the terms and conditions of the Lease. In the event any provision of this Memorandum is inconsistent with any term or condition of the Lease, the term or condition of the Lease shall prevail. 3. Counterparts. This Memorandum may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, taken together, shall be deemed to be one and the same instrument. [SIGNATURES ON NEXT PAGE] 2 2761222v1 IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of Lease as of the date set forth below. City: CITY OF TEMECULA, a municipal corporation Dated: , 2023 By: Kevin Hawkins, Assistant City Manager ATTEST: Tenant• TEMECULA VALLEY CONVENTION & VISITORS BUREAU, a California nonprofit corporation, dba Visit Temecula Valley Dated: , 2023 By: Print Name: Title: Dated: Randi Johl, City Clerk Approved as to form: By: Print Name: Peter M. Thorson, City Attorney Title: 3 2761222v1 2023 EXHIBIT "A" Description of Premises 1 1 II II I 1 II i � Ir Iris ---- II E ,II 1= -_- H CD N 3 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 Riverside On , before me, , (insert name and title of the officer) Notary Public, personally appeared , 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 (Seal) 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 Riverside On , before me, (insert name and title of the officer) Notary Public, personally appeared 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 (Seal) 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 Riverside On , before me, (insert name and title of the officer) Notary Public, personally appeared 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 (Seal) Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: April 11, 2023 SUBJECT: Adopt Resolution Regarding the Addressing of Accessory and Junior Accessory Dwelling Units (Long Range Planning Project No. LR23-0110) PREPARED BY: Mark Collins, Assistant Planner RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN ADDRESSING POLICY FOR ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND MAKING THE FINDING OF EXEMPTION UNDER SECTIONS 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") (LONG RANGE PLANNING PROJECT NO. LR23-0110) BACKGROUND: State Law surrounding Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) have been passed and amended with increased focus on producing housing units. The City of Temecula adopted Ordinance No. 2020-04 on April 28, 2020, which implemented the requirements of State ADU Law and was amended on March 14, 2023, with Ordinance No. 2023-03. These Ordinances along with the changes to State Law have greatly increased the number of ADU and JADU applications, and currently there is no policy specific to addressing these new accessory residential structures. The services and timely response of agencies expected by residents is predicated on an organized, logical, and consistent addressing policy. ANALYSIS: The current policy of addressing new residential structures does not account for ADU's and JADU's and has created challenges for staff trying to use a policy for something beyond what it was intended. Additionally, residents have been frustrated with the ambiguity of ADU/JADU addressing policy and desire to have entirely new or unrelated addresses which would cause negative impacts to everything from mail delivery to emergency responders. An orderly addressing policy is necessary to provide effective emergency service response and timely delivery of other services that Temecula residents expect, this proposed resolution would require the following when an ADU and/or JADU is applied for: • Primary Residence address would include a "Unit 1" designation • ADU or JADU address would be the same as the Primary Residence but would include a "Unit 2" designation • A second ADU or JADU would be the same address as the Primary Residence but would include a "Unit 3" designation For Example: • A home with the address 123 Main Street that proposed a singular ADU or JADU would have the following addresses: o Primary Residence — 123 Main Street Unit 1 o ADU or JADU — 123 Main Street Unit 2 • A home with the address 456 Second Street that proposed a detached or attached ADU and a JADU would have the following addresses: o Primary Residence — 456 Second Street Unit 1 o ADU Residence — 456 Second Street Unit 2 o JADU Residence — 456 Second Street Unit 3 LEGAL NOTICING REQUIREMENTS No legal notice to the public is required for the City Council to adopt an ADU/JADU addressing policy. ENVIRONMENTAL DETERMINATION: Staff has determined that this project is Categorically Exempt from the California Environmental Quality Act per Section 15061(B)(3), the common sense exemption, as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. ATTACHMENTS: Resolution RESOLUTION NO.2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN ADDRESSING POLICY FOR ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND MAKING THE FINDING OF EXEMPTION UNDER SECTIONS 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") (LONG RANGE PLANNING PROJECT NO. LR23-0110) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Temecula, California (the "City") is a municipal corporation, duly organized and existing under the Constitution and the laws of the State of California; and WHEREAS, the City desires to increase the orderly development of Accessory Dwelling Unit's (ADU) and Junior Accessory Dwelling Unit's (JADU); and WHEREAS, the City has a standard addressing policy for new commercial and residential buildings, but no such policy for ADU or JADU addressing presently exists; and WHEREAS, the City desires to implement a complimentary addressing policy for ADU and JADU's to ensure clear unit identification, timely emergency service response, and mail delivery. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF TEMECULA, HEREBY FINDS, DETERMINES AND DECLARES AS FOLLOWS: SECTION 1. The primary residential unit, newly constructed or existing shall be addressed according to existing policy and shall include an illuminated "Unit 1" identifier. This shall only be applicable if an ADU or JADU is proposed on the same parcel. SECTION 2. A secondary residential unit, an ADU or JADU, constructed shall bear the same main address as the primary with the additional unit bearing an illuminated "Unit 2" identifier. SECTION 3. A third and final residential unit, an ADU or JADU, constructed shall bear the same main address as the primary with the additional unit bearing an illuminated "Unit 3" identifier. SECTION 4. All addresses shall be illuminated per Policy 3.2 of Goal 3 of the Temecula General Plan, effective and cost-efficient police, fire, and emergency medical services within the City. SECTION 5. All addresses shall be legible and physically installed in a prominent manner on the building that clearly identifies which entryway is associated with each address and in accordance with the Temecula Municipal Code Section 17.28.050 (N). SECTION 6. All ADU or JADU addresses will be routed through the United States Postal Service, to ensure compliance with the requirements of the Postal Service, specifically Publication 28 — Postal Addressing Standards. This is the same process for all addresses. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. SECTION 8. This Resolution shall take effect upon its adoption by the City Council. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 1 lth day of April, 2023. ATTEST: Randi Johl, City Clerk [SEAL] Zak Schwank, Mayor a 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the I Ith day of April, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 11, 2023 SUBJECT: Approve Second Amendment to Agreement for Consultant Services with Hicks & Hartwick, Inc., for Engineering Plan Check Services PREPARED BY: Julie Tarrant, Principal Management Analyst Tammy Petricka, Administrative Assistant RECOMMENDATION: That the City Council approve the second amendment to the agreement for consultant services with Hicks & Hartwick, Inc., for engineering plan check services, to extend the term of the agreement to June 30, 2025, and increase payment in the amount of $100,000, for a total agreement value of $200,000. BACKGROUND: On October 22, 2021, the Director of Public Works approved an agreement in the amount of $60,000 with Hicks and Hartwick, Inc., for Engineering Plan Check Services. On July 1, 2022, the Director of Public Works approved the First Amendment to extend the term of the agreement to June 30, 2024, and increase the payment in the amount of $40,000. At this time, we have nearly expended the full agreement amount and with the on -going increased development within the city, additional plan check services are needed to continue project development. Hicks & Hartwick have effectively and efficiently performed professional engineering services for the city and continue to provide essential plan check services for the Department of Public Works Land Development Division to serve the development community. We therefore request to approve the Second Amendment with Hicks & Hartwick, and increase their agreement in the amount of $100,000, for a total agreement value of $200,000, and to extend the term to June 30, 2025. FISCAL IMPACT: None ATTACHMENTS: Second Amendment SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND HICKS & HARTWICK, INC. ENGINEERING PLAN CHECK SERVICES (Agreement No. 2021-289) THIS SECOND AMENDMENT is made and entered into as of April 11, 2023 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Hicks & Hartwick, Inc, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On October 22, 2021, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services," in the amount of $60,000.00. b. On July 1, 2022, the City and Consultant entered into a First Amendment to extend the term of the agreement to June 30, 2024, and increase the payment in the amount of $40,000.00. C. The parties now desire to extend the term of the agreement to June 30, 2025, increase the payment in the amount of $100,000.00, 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, 2025 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 Consultant 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 SECOND Amendment amount shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for a total Agreement amount of Two Hundred Thousand Dollars and Zero Cents ($200,000.00). 4. 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. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. O8/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Zak Schwank, Mayor ATTEST. By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney HICKS & HARTWICK, INC (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) i By: Matt ew C. Hicks, President CONSULTANT Hicks & Hartwick, Inc. Attn: Matthew C. Hicks 37 E. Olive Avenue, Suite C Redlands, CA 92373 909 793-2257 matt@ve!ycivii.com City Purchasing Mgr. Initials and Date: V9 2 08/09/2021 ATTACHMENT A 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 $200, 000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. HICKS & HARTWICK, INC. F-NGINEERS & SURVEYORS ESTABLISHED 1902 HOURLY RATE SCHEDULE Effective June 2023 through June 2025 PLAN CHECKING PERSONNEL $1 HE. SeniorEngineer............................................................. .............................................. 245.00 ProjectEngineer------..... -------- ---.................... ---------------------------------------------------------------225.00 PlanChecker... ......................... --------------------....... ............... ...----------------- ...............155-00 08/09/2021 ACTION BY UNANIMOUS WRITTEN CONSENT OF DIRECTORS AND SHAREHOLDERS OF HICKS & HARTWICK, INC., A California Corporation The undersigned, all the directors and shareholders HICKS & HARTWICK, INC., acting by unanimous written consent without a meeting pursuant to section 307(b) and 603 of the California Corporations Code adopt the following resolutions: RESOLVED, that all transactions by and between Matthew C. Hicks, Harold R. Hartwick and Hicks & Hartwick, Inc., are ratified, authorized and approved, including without limitation the Purchase Agreement ("Agreement") executed by the parties, and all acts in furtherance thereof, attached hereto and made a part hereof as Exhibit "A," all of which are ratified, authorized and approved. RESOLVED FURTHER, that as of the Closing Date of the Agreement, Harold R. Hartwick, resigns from all officer and director positions held in the corporation, however, he will continue as an At -Will employee of the corporation. RESOLVED FURTHER, that the following person is appointed, to serve at the pleasure of the board, to the offices set forth, which appointments are accepted: Name Office Matthew C. Hicks President/Secretary/Chief Financial Officer/Treasurer/Director RESOLVED FURTHER, that as of the Closing Date of the Agreement, the officers and directors are authorized to cancel share certificate No. 3 for 150 of the 450 issued and outstanding shares stock of the corporation and reissue the shares to Matthew C. Hicks. Dated to be effective as of September _', 2017. [SIGNATURES ON NEXT PAGEI HICKS & HARTWICK, INC., Consent of Directors and Shareholders a , Harold R. Hartwic Ma ow C. Hicks Hicks:ContTact:ConsentHicks&Hnriwick20170905.docx HICKS & HARTWICK, INC., Consent of Directors and Shareholders Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 11, 2023 SUBJECT: Approve Freeway Maintenance Agreement with State of California, Department of Transportation (Caltrans) PREPARED BY: Amer Attar, Engineering Manager Avlin R. Odviar, Principal Civil Engineer RECOMMENDATION: That the City Council approve the Freeway Maintenance Agreement with the State of California, acting by and through the Department of Transportation (Caltrans). BACKGROUND: On July 31, 1990, the City entered into a Freeway Maintenance Agreement with Caltrans which established a division of maintenance responsibilities between the City and Caltrans wherever local facilities overlap the State's right-of-way at Interstate 15. This original agreement included two locations: Santiago Road Overcrossing and Rancho California Road Overcrossing. Since that time, both the freeway and local transportation systems have seen many changes. Portions of State Route 79N/S were relinquished from Caltrans to the City, a new overcrossing was constructed over I-15 at Overland Drive, and a new overcrossing is planned at French Valley Parkway along with collector/distributor systems on I-15 between Winchester Road and I-215. These changes, along with current Caltrans policies, necessitate that the agreement be updated. Caltrans' practice is to supersede these older agreements with their current format. The attached Freeway Maintenance Agreement was developed by Caltrans and finalized through negotiations between Caltrans and City staff. The terms of the agreement are comparable to those practiced throughout the State. FISCAL IMPACT: There is no immediate fiscal impact associated with the approval of the agreement. Any additional costs to perform this work will be addressed each year as part of the Annual Operating Budget update. ATTACHMENTS: Agreement 08-RIV-15-PM 3.5-7.2 FREEWAY MAINTENANCE AGREEMENT WITH CITY OF TEMECULA THIS AGREEMENT is made effective this day of , 20_, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of Temecula; hereinafter referred to as "CITY" and collectively referred to as "PARTIES." SECTION I RECITALS 1. On July 13, 2010 a Freeway Agreement was executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of STATE Interstatel5 (1-15), declared a freeway, within the jurisdictional limits of the CITY. 2. Recent adjustments to said freeway have now been completed, or are nearing completion, and the PARTIES hereto mutually desire to identify the maintenance responsibilities of the CITY for areas lying within those modified freeway limits hereinafter referred to as "PROJECT." 3. There is an existing Freeway Maintenance Agreement(s), with CITY dated July31, 1990. This Agreement is meant to replace or supersede the earlier agreement. NOW THEREFORE IT IS AGREED: SECTION II AGREEMENT 1. PARTIES agree this Agreement shall supersede in its entirety the said Freeway Maintenance Agreement executed by PARTIES on July 31, 1990. 2. Pursuant to Section 6 of the July 13, 2010 Freeway Agreement, CITY has resumed or will resume control and maintenance over each of the relocated or reconstructed CITY roads, frontage roads, and other STATE constructed local roads, except for any portion which is adopted by STATE as a part of the freeway proper. 3. The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual. I 08-RIV-15-PM 3.5-7.2 4. CITY agrees to continue their control and maintenance of each of the affected relocated or reconstructed CITY streets and roads as shown on that attached hereto, Exhibit A and made a part hereof by this reference. 5. When another planned future improvement has been constructed and/or a minor revision has been affected within the limits of the freeway herein described which will affect the PARTIES' maintenance responsibility as described herein, and there is mutual agreement on a change in the maintenance responsibilities between PARTIES, the PARTIES can revise the Exhibit A by a mutual written execution of each of the exhibits. 6. CITY must obtain the necessary Encroachment Permits from STATE's District 08 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY. 7. VEHICULAR OVERCROSSINGS 7.1. CITY will maintain, at CITY expense, the deck wearing surface and structural drainage system (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, as well as all traffic service facilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be required for the benefit or control of traffic using that overcrossing. 7.2. As directed by section 92.6 of the Streets and Highways Code, at locations determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed. All screens installed underthis program will be maintained by STATE, at STATE expense. 8. PEDESTRIAN/BICYCLE OVERCROSSINGS (non -vehicular) constructed as a permitted encroachment within STATE's right of way. CITY is solely responsible for, but not limited to, the structural adequacy, lighting, fencing, guard railing, drainage facilities, graffiti removal, sweeping and debris removal, signing, and striping, slope paving and delineation. CITY will maintain, at CITY expense, a safe facility for pedestrian and bicycle use along the entire length of the structure and the public use of the STATE highway beneath, by providing structure inspection, and structure maintenance. 9. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS 9.1. CITY will maintain the CITY paved roadway sections, including the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti), 2 08-RIV-15-PM 3.5-7.2 drainage installations, lighting installations and traffic service facilities that may be required for the benefit or control of traffic using that undercrossing. 9.2. CITY will request STATE's District Encroachment Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between CITY roadway surface and the structure that results from modifications to the roadway (except when said modifications are made by STATE). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction must be provided to STATE's Transportation Permit Engineer prior to starting work. Upon completion of that work, a vertical clearance diagram will be furnished to STATE's Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way. 10. WALLS, SOUNDWALLS, AND COLUMNS - CITY is responsible for debris removal, cleaning, and painting to keep CITY's/CITY's side of any wall structure or column free of debris, dirt, and graffiti. 11. LANDSCAPED AREAS CITY is responsible for the maintenance of any plantings or other types of roadside improvements of PROJECT lying outside of the fenced area restricting walk-on access to the freeway. 12. INTERCHANGE OPERATION - It is STATE's responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads. 13. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES 13.1. The cost of installation, operation, maintenance, repairs, replacement and energy costs of safety lighting, traffic signals or other necessary electrically operated traffic control devices placed at interchanges of 1-15 Freeway and at ramp connections to CITY streets and roads of 1-15 shall be shared by the PARTIES as directed in the Shared Cost Electrical Cost Agreement amended August 1, 1999. 13.2. Timing of traffic signals, which shall be coordinated with CITY to the extent that no conflict is created with freeway operations, shall be the sole responsibility of STATE. 14. BICYCLE PATHS, LANES, AND CYCLE TRACKS constructed as permitted encroachments within STATE's right of way, CITY is solely responsible for all permitted improvements, including but not limited to the delineation, fencing, 3 08-RIV-15-PM 3.5-7.2 guard railing, drainage facilities, slope and structural adequacy. CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire length of the path/lane/cycle track by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings required for the direction and operation of that non -motorized facility. 15. LEGAL RELATIONS AND RESPONSIBILITIES 15.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law. 15.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 15.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority orjurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 16. PREVAILING WAGES: 16.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a) (1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, 4 08-RIV-15-PM 3.5-7.2 and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements. 16.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a) (1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. 17.INSURANCE 17.1. SELF -INSURED- CITY is self -insured. CITY agrees to deliver evidence of self - insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter ("Letter of Self - Insurance"), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self -Insurance shall also identify the PROJECT location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self -Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self -Insurance shall be attached hereto and incorporate as Exhibit B. 17.2. SELF -INSURED using Contractor- If the work performed under this AGREEMENT is done by CITY's contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and propertydamage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 18.TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 19.TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or 5 08-RIV-15-PM 3.5-7.2 terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. 0 08-RIV-15-PM 3.5-7.2 IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written. THE CITY OF TEMECULA STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: Zak Schwank Mayor ATTEST: By: IN By: Randi Johl Jim A. Rogers City Clerk Deputy District Director Maintenance District 08 Peter Thorson City Attorney 7 EXHIBIT A (Plan map identifying the applicable STATE Routes (Freeway proper) and CITY roads) and facilities) DIST COUNTY ROUTE POST SHEET TOTAL MILE No. SHEETS 08 RIV 15 3.5 / 7.2 1 6 LOCATION 1 SHEET 2 LOCATION 2 SHEET 3 LOCATION 3 SHEET 4J,\ TEMECULA PKWY / SR-79 SANTIAGO RD RANCHO CALIFORNIA RD PM 3.5 OC OC PM 4.1 PM 5.0 I Iw z J S U Q TO SAN DIEGO TEMECULA TO MURR�ETA wl TEMECULA zl J 2 U Q RIV 15 I LOCATION 4 SHEET 5 LOCATION 5 SHEET 6 OVERLAND DR WINCHESTER RD OC OC PM 6.2 PM 6.6 EXHIBIT "A" NO SCALE LEGEND LOCAL ROAD SEGMENTS WITHIN FREEWAY R/W ® LIMITS TO BE MAINTAINED BY CITY OF TEMECULA STATE R/W LOCATION 1: TEMECULA PKWY / SR-79 EXHIBIT "A" NO SCALE LEGEND LOCAL ROAD SEGMENTS WITHIN FREEWAY R/W ® LIMITS TO BE MAINTAINED BY CITY OF TEMECULA STATE R/W LOCATION 2: SANTIAGO RD OC EXHIBIT "A" NO SCALE LEGEND LOCAL ROAD SEGMENTS WITHIN FREEWAY R/W LIMITS TO BE MAINTAINED BY CITY OF TEMECULA STATE R/W LOCATION 3: RANCHO CALIFORNIA RD OC EXHIBIT "A" NO SCALE s7Na,24i.; LOCAL ROAD SEGMENTS WITHIN FREEWAY R/W ® LIMITS TO BE MAINTAINED BY CITY OF TEMECULA �i STATE R/W LOCATION 4: OVERLAND DR OC EXHIBIT "A" NO SCALE LEGEND LOCAL ROAD SEGMENTS WITHIN FREEWAY R/W ® LIMITS TO BE MAINTAINED BY CITY OF TEMECULA STATE R/W LOCATION 5: WINCHESTER RD OC EXHIBIT "A" NO SCALE Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 11, 2023 SUBJECT: Approve the Agreement for Consultant Services with Falcon Engineering Services, Inc. for the I-15 / French Valley Parkway Improvements — Phase II, PW16-01 PREPARED BY: Amer Attar, Engineering Manager Avlin R. Odviar, Principal Civil Engineer RECOMMENDATION: That the City Council approve the agreement with Falcon Engineering Services, Inc., in an amount not to exceed $8,880,275.70, to provide professional construction management services for the I-15 / French Valley Parkway Improvements — Phase II, PW16-01. BACKGROUND: In conjunction with the California Department of Transportation (Caltrans), the City has designed and developed plans and specifications for the I-15 / French Valley Parkway Improvements project (Project). The Project improvements include construction of a two-lane northbound collector/distributor (C/D) system along I-15 from Winchester Road/I- 15 interchange northbound on -ramps to just north of the I-15/I-215 Junction with connectors to I- 15 and I-215. These improvements will alleviate congestion on the northbound I-15, especially during the evening rush hours. The improvements will be constructed within Caltrans jurisdiction. As such, the design and construction of the Project must be executed in accordance with Caltrans requirements. In letter dated April 13, 2020, Caltrans delegated authority to the City to perform the Advertisement, Award, and Administration (AAA) of the construction contract. The subject agreement enlists Falcon Engineering Services, Inc., and its sub -consultants, to perform construction management and engineering services in support of the administration of the construction contract, in accordance with Caltrans and City requirements. On August 3, 2022, the City issued a Request for Proposals (RFP No. 270) inviting qualified consulting firms to submit a proposal to provide construction management services for the Project. The RFP specified a project -specific goal of 19% Disadvantaged Business Enterprise (DBE) usage. By filing deadline of September 1, 2022, four (4) proposals were received. A Selection Panel comprised of representatives from the City and Caltrans reviewed the proposals, discussed findings, conducted an interview of the top two qualified firms, and ranked the prospective proponents as follows. 1. Falcon Engineering Services, Inc. 2. Southstar Engineering & Consulting, Inc. 3. Arcadis 4. Anser Advisory Falcon Engineering Services, Inc. is a multi -disciplinary firm with extensive experience in providing construction management services on freeway projects of comparable size and complexity, including the City's I-15/SR-79 South Interchange (Temecula Parkway Interchange) project. Its team includes DBE and non -DBE sub -consultants, and meets the project -specific goal of 19%. Following the selection process, staff entered negotiations with Falcon Engineering Services, Inc. and finalized the terms of the attached Agreement. The scope of work includes professional administration services necessary during pre -construction, construction, and post -construction phases. These services include, but are not limited to, project management, preconstruction coordination, environmental compliance, schedule monitoring, public affairs, contract change order management, inspection, request for information (RFI) management, tracking quantities, invoicing, certified payroll and labor compliance, materials testing, quality assurance program, surveying, document control, and project closeout. Performance of these services will span approximately two years. FISCAL IMPACT: The I-15 / French Valley Parkway Improvements — Phase II project is included in the City's Capital Improvement Program Fiscal Years 2023-27. The sources of funds include INFRA Grant, SAFETEA-LU, Surface Transportation Improvement Program (STIP), TUMF (WRCOG), TUMF (CETAP/RCTC), and Measure S. There are sufficient funds in the project account to cover the agreement amount of $8,880,275.70. ATTACHMENTS: 1. Agreement 2. Project CIP Budget Sheet AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND FALCON ENGINEERING SERVICES, INC. PW16-01 1-15/FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II ARTICLE I INTRODUCTION......................................................................................................................................................... 2 ARTICLE II CONSULTANT'S REPORTS OR MEETINGS........................................................................................................... 3 ARTICLE III STATEMENT OF WORK........................................................................................................................................... 3 ARTICLE IV PERFORMANCE PERIOD........................................................................................................................................3 ARTICLE V ALLOWABLE COSTS AND PAYMENTS.................................................................................................................. 3 ARTICLE VI TERMINATION......................................................................................................................................................... 5 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS........................................................................... 5 ARTICLE VIII RETENTION OF RECORD/AUDITS....................................................................................................................... 5 ARTICLE IX AUDIT REVIEW PROCEDURES.............................................................................................................................. 6 ARTICLE X SUBCONTRACTING................................................................................................................................................. 7 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES..................................................................... 8 ARTICLE XII STATE PREVAILING WAGE RATES......................................................................................................................9 ARTICLE XIII CONFLICT OF INTEREST.................................................................................................................................... 12 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION.............................................................12 ARTICLE XV PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING..................................13 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE.........................................................13 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION........................................................................................14 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION........................................................15 ARTICLE XIX INSURANCE.........................................................................................................................................................19 ARTICLE XX FUNDING REQUIREMENTS.................................................................................................................................20 ARTICLE XXI CHANGE IN TERMS............................................................................................................................................ 21 ARTICLE XXII CONTINGENT FEE............................................................................................................................................. 21 ARTICLE XXIII DISPUTES..........................................................................................................................................................21 ARTICLE XXIV INSPECTION OF WORK................................................................................................................................... 21 ARTICLE XXV SAFETY.............................................................................................................................................................. 21 ARTICLE XXVI OWNERSHIP OF DATA..................................................................................................................................... 22 ARTICLE XXVII CLAIMS FILED BY CITY's CONSTRUCTION CONTRACTOR....................................................................... 22 ARTICLE XXVIII CONFIDENTIALITY OF DATA........................................................................................................................ 23 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION...........................................................................23 ARTICLE XXX EVALUATION OF CONSULTANT......................................................................................................................23 ARTICLE XXXI PROMPT PAYMENT FROM THE CITY TO CONSULTANT............................................................................. 23 ARTICLE XXXII TITLE VI ASSURANCES.................................................................................................................................. 24 ARTICLE XXXIII NOTIFICATION................................................................................................................................................ 28 ARTICLE XXXIV CONTRACT.....................................................................................................................................................28 ARTICLE XXXV SIGNATURES...................................................................................................................................................28 ATTACHMENT NO. 01 — COST PROPOSAL.............................................................................................................................29 ATTACHMENT NO. 02 — SCOPE OF SERVICES...................................................................................................................... 30 ATTACHMENT NO. 03 — CONSULTANT CONTRACT DBE COMMITMENT............................................................................ 31 Page 1 of 31 ARTICLE I INTRODUCTION A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, CITY: The name of the "CONSULTANT" is as follows: FALCON Engineering Services, Inc. a California "S" Corporation Incorporated in the State of California The Project Manager for the CONSULTANT will be Ashraf Mohamed, PE The name of the "CITY" is as follows: City of Temecula a municipal corporation The Contract Administrator for CITY will be Avlin R. Odviar, PE, Principal Civil Engineer B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT's Cost Proposal dated 03/16/2023. The approved CONSULTANT's Cost Proposal is attached hereto as Attachment No. 01 — Cost Proposal and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence. C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys' and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of CITY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT. D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer -employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City. E. CITY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the CITY as to the designation of tasks to be performed and the results to be accomplished. F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer -employee relationship exists by reason of this AGREEMENT. Page 2 of 31 G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the CITY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the CITY. H. CONSULTANT shall be as fully responsible to the CITY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed byCONSULTANT. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. ARTICLE II CONSULTANT'S REPORTS OR MEETINGS A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the CITY's Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. ARTICLE III STATEMENT OF WORK A. CONSULTANT Services Construction Management, Resident Engineer, Structures Representative, Inspection, Survey, Materials Sampling & Inspection, Source Inspection, Environmental Compliance, and Community Outreach from pre -construction to project closeout, as detailed in Attachment No. 02 — Scope of Services attached hereto and incorporated by reference. ARTICLE IV PERFORMANCE PERIOD A. This AGREEMENT shall go into effect on April 11, 2023, contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by CITY'S Contract Administrator. The AGREEMENT shall end on June 30, 2025, unless extended by AGREEMENT amendment. B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on CITY until the AGREEMENT is fully executed and approved by CITY. ARTICLE V ALLOWABLE COSTS AND PAYMENTS A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY's approved overhead rate set forth in the Cost Proposal. In the event, that CITY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by CITY shall be Page 3 of 31 adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph "I" of this Article shall not be exceeded, unless authorized by AGREEMENT amendment. B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT's agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award. C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed feeof Four Hundred Fifty Thousand Six Hundred Eighty -Nine Dollars and Sixty -Three Cents ($450,689.63). The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment. D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate. F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT's fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or terminate this AGREEMENT. G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT. H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY's Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT's work. Invoices shall be mailed to CITY's Contract Administrator at the following address: AVLIN R. ODVIAR, PE, PRINCIPAL CIVIL ENGINEER CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 I. The total amount payable by CITY including the fixed fee shall not exceed Eight Million Eight Hundred Eighty Thousand Two Hundred Seventy -Five Dollars and Seventy Cents ($8,880,275.70). J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. Page 4 of 31 ARTICLE VI TERMINATION A. This AGREEMENT may be terminated by CITY, provided that CITY gives not less than thirty (30) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. B. CITY may temporarily suspend this AGREEMENT, at no additional cost to CITY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If CITY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination. C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to CITY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANTuntil such time as the exact amount of damages, if any, due City from CONSULTANT is determined. D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for FederalAwards. C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to CITY. D. When a CONSULTANT or Subconsultant is a Non -Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply. ARTICLE VIII RETENTION OF RECORD/AUDITS For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT's Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT's Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without Page 5 of 31 limitation. ARTICLE IX AUDIT REVIEW PROCEDURES A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by CITY'S Chief Financial Officer. B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY'S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT. D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT's responsibility to ensure federal, CITY, or local government officials are allowed full access to the CPA's work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by CITY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs. E. CONSULTANT's Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs. During IOAI's review of the ICR audit work papers created by the CONSULTANT's independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI. Page 6 of 31 Accepted rates will be as follows: a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate. 2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA -audited ICR and audit report withinthree (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT's and/or the independent CPA's revisions. 3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT. 4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR. ARTICLE X SUBCONTRACTING A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the CITY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the CITY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the CITY's obligation to make payments to the CONSULTANT. B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the CITY Contract Administrator, except that which is expressly identified in the CONSULTANT's approved Cost Proposal. C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted. D. CONSULTANT shall pay its Subconsultants within fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the CITY. Page 7 of 31 E. Any substitution of Subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute Subconsultant. F. Prompt Progress Payment CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant's interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney's fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non -DBE subconsultants. G. Prompt Payment of Withheld Funds to Subconsultants No retainage will be held by the CITY from progress payments due to CONSULTANT. Any retainage kept by CONSULTANT or by a subconsultant must be paid in full to the earning subconsultant within 15 days after the subconsultant's work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the CITY's prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non -DBE subconsultants. ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by CITY's Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item, service, or consulting work not covered in CONSULTANT's approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by CITY's Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified. C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following: CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and Page 8 of 31 credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY. 2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project. ARTICLE XII STATE PREVAILING WAGE RATES A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments. B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at CITY construction sites, at CITY facilities and at off -site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public. C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov. D. Payroll Records Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. 2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made Page 9 of 31 available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT. c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract Administrator by both email and regular mail on the business day following receipt of the request. 3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated. 5. The CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, withinfive (5) working days, provide a notice of a change of location and address. 6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section. E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the CITY Contract Administrator. F. Penalty The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. Page 10 of 31 The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge ofthat failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant's failure to pay the specified prevailing rate of wages to the Subconsultant's workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant's employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, CITY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY. G. Hours of Labor Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the CITY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815. H. Employment of Apprentices Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all Page 11 of 31 applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices. 2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey -to -apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants' compliance with these requirements. Penalties are specified in Labor Code §1777.7. ARTICLE XIII CONFLICT OF INTEREST A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow. B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, orpotential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law. C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under thisAGREEMENT. D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist.An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise. ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. Page 12 of 31 ARTICLE XV PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that: No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT's signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103. B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under(2 Page 13 of 31 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause. E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT. G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally -assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION A. The CONSULTANT's signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager: 1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; 2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; 3. Does not have a proposed debarment pending; and Page 14 of 31 4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the pastthree (3) years. B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA. ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (CITY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the CITY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers. CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT's responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search. All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner: • 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". CONSULTANTs who enter into a federally -funded agreement will assist the CITY achieve California's statewide overall DBE goal. B. The goal for DBE participation for this AGREEMENT is 19% . Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Attachment No. 03 Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. Page 15 of 31 C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information — Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal. D. Contract Assurance Under 49 CFR 26.13(b): CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying CONSULTANT from future proposing as non -responsible E. Termination and Substitution of DBE Subconsultants CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the CITY's written consent. CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the CITY. Unless the CITY's consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form, included in the Bid. The CITY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications: 1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. The CITY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the CITY's bond requirements. 3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law. 4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination). 5. Listed DBE's work is unsatisfactory and not in compliance with the contract. 6. Listed DBE is ineligible to work on the project because of suspension or debarment. Page 16 of 31 7. Listed DBE becomes bankrupt or insolvent. 8. Listed DBE voluntarily withdraws with written notice from the Contract 9. Listed DBE is ineligible to receive credit for the type of work required. 10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11. The CITY determines other documented good cause. CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the CITY of the reasons why the use of other forces or sources of materials should not occur. CONSULTANT's request to use other forces or material sources must include: 1. One or more of the reasons listed in the preceding paragraph. 2. Notices from CONSULTANT to the DBE regarding the request. 3. Notices from the DBEs to CONSULTANT regarding the request. If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal. F. Commitment and Utilization The CITY's DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization. The CITY shall request CONSULTANT to: 1. Notify the CITY's contract administrator or designated representative of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work 3. Maintain records including: Name and business address of each 1st -tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier • Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment) If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work. If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the CITY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-0, form and submit the form to the CITY within 30 days of contract acceptance. Page 17 of 31 Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report — Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors and submit it to the CITY within 90 days of contract acceptance. The CITY will withhold $10,000 until the form is submitted. The CITY will release the withhold upon submission of the completed form. In the CITY's reports of DBE participation to Caltrans, the CITY must display both commitments and attainments. G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors. H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the typeof work involved, it will be presumed that it is not performing a CUF. J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT's shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY's Contract Administrator within thirty (30) calendar days. L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to business.support.unitCa)_dot.ca.gov with a copy to the Agency. M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section. Page 18 of 31 ARTICLE XIX INSURANCE A. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. B. 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 CONSULTANT 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 CONSULTANT 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. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the CONSULTANT's profession. C. Limits of Insurance. CONSULTANT shall maintain limits no less than: 1) General Liability: Two Million Dollars ($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: Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. D. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). E. 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 activities performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; or automobiles owned, leased, hired or borrowed by the CONSULTANT. 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'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 Page 19 of 31 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 of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) 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. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the CITY of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) 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. F. 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. G. Verification of Coverage. CONSULTANT 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 CONSULTANT's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. ARTICLE XX FUNDING REQUIREMENTS A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made. B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to CITY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or CITY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner. C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT maybe amended to reflect any reduction in funds. D. CITY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds. Page 20 of 31 ARTICLE XXI CHANGE IN TERMS A. This AGREEMENT maybe amended or modified only by mutual written agreement of the parties. B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by CITY's Contract Administrator. C. There shall be no change in CONSULTANT's Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by CITY's Contract Administrator. ARTICLE XXII CONTINGENT FEE CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, CITY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XXIII DISPUTES Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good -faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other. A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of CITY's Contract Administrator and CITY's Director of Public Works, who may consider written or verbal information submitted by CONSULTANT. B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by CITY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT. ARTICLE XXIV INSPECTION OF WORK CONSULTANT and any subconsultant shall permit CITY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT. ARTICLE XXV SAFETY A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Vehicle Code §591, CITY has determined that such areas are Page 21 of 31 within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. D. CONSULTANT must have a Division of Occupational Safety and Health (CAL -OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper. ARTICLE XXVI OWNERSHIP OF DATA A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of CITY, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, CITY shall be entitled to, and CONSULTANT shall deliver to CITY, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT's privileged information, as defined by law, or CONSULTANT's personnel information, along with all other property belonging exclusively to CITY which is in CONSULTANT's possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by CITY. B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of CITY without restriction or limitation upon its use or dissemination by CITY. C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by CITY for another project or project location shall be at CITY's sole risk. D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal - aid contracts). E. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty -free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes. ARTICLE XXVII CLAIMS FILED BY CITY's CONSTRUCTION CONTRACTOR A. If claims are filed by CITY's construction contractor relating to work performed by CONSULTANT's personnel, and additional information or assistance from CONSULTANT's personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with CITY'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. B. CONSULTANT's personnel that CITY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from CITY. Consultation or testimony Page 22 of 31 will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT's personnel services under this AGREEMENT. C. Services of CONSULTANT's personnel in connection with CITY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims. ARTICLE XXVIII CONFIDENTIALITY OF DATA A. All financial, statistical, personal, technical, or other data and information relative to CITY's operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion. C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or CITY's actions on the same, except to CITY's staff, CONSULTANT's own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee. D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by CITY, and receipt of CITY'S written permission. E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article. ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT's failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board. ARTICLE XXX EVALUATION OF CONSULTANT CONSULTANT's performance will be evaluated by CITY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record. ARTICLE XXXI PROMPT PAYMENT FROM THE CITY TO CONSULTANT The CITY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the CITY fails to pay promptly, the CITY shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the CITY shall act in accordance with both of the following: (1) Each payment request shall be reviewed by the CITY as soon as practicable after receipt for the purpose of determining that the payment request is a proper paymentrequest. (2) Any payment request determined not to be a proper payment request suitable for payment shall Page 23 of 31 be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper. ARTICLE XXXII TITLE VI ASSURANCES APPENDICES A - E of the TITLE VI ASSURANCES /_1:j :j =1ki101/I_1 During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows: a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub -applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by CONSULTANT of the CONSULTANT'S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limitedto: withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or cancellation, termination or suspension of the Agreement, in whole or in part. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Page 24 of 31 CONSULTANT shall take such action with respect to any sub -agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed, (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended, and (3) that in the event of breach of any of the above - mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction. APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a): Page 25 of 31 A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued. C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns. APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued. C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns. Page 26 of 31 APPENDIX E During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the "CONSULTANT") agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 etseq). Page 27 of 31 ARTICLE XXXIII NOTIFICATION All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: CONSULTANT: FALCON Engineering Services, Inc. Ashraf Mohamed, PE, Project Manager 41875 Enterprise Circle S, Suite A Temecula, CA 92590 CITY: City of Temecula Avlin R. Odviar, PE, Contract Administrator 41000 Main Street Temecula, CA 92590 ARTICLE XXXIV CONTRACT The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named CITY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below. ARTICLE XXXV SIGNATURES CITY OF TEMECULA Zak Schwank, Mayor Date; Attest: Randi Johl, City Clerk Date: Approved as to Form: Peter M. Thorson, City Attorney Date: FALCON Engineering Services, Inc. Mah agih, President Date: Wael Faqih, Vice President Date: Page 28 of 31 ATTACHMENT NO. 01 — COST PROPOSAL Page 29 of 31 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3 COST -PLUS -FIXED FEE OR LUMP SUM OR (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Note: Mark-ups are Not Allowed ® Prime Consultant El Subconsultant ❑ 2nd Tier Subconsultant Consultant: FALCON Engineering Services, Inc. Project No. PW16-01 Contract No. DIRECT LABOR Date: March 16, 2023 Classification/Title Name Hours Actual Hourly Rate Total Project Manager Ashraf Mohamed, PE * 232 $110.00 $25,520.00 Resident Engineer Juan Rojas, PE * 3800 $115.00 $437,000.00 Lead Assist. Resident Engineer Mohammad Khalaileh, PE 3448 $104.00 $358,592.00 Civil/Roadway Crosby Romero ** 3840 $72.00 $276,480.00 Civil/Roadway Inspector Tim Dexter ** 0 $65.00 $0.00 Civil/Roadway Ziad Al-Dasougi, PE ** 2920 $95.00 $277,400.00 Structure Inspector Syed Afzal Biyabani, EIT ** 3600 $68.38 $246,168.00 Structure Inspector Mohammad Al-Barqawi, EIT ** 0 $80.00 $0.00 Structure Inspector Ahmed Hamasha ** 0 $78.00 $0.00 Structure Inspector Yazan Alfaqih ** 0 $76.00 $0.00 Construction Inspector Salvador Orozco ** 2040 $80.00 $163,200.00 Administration Zaid Afman, PE 0 $95.00 $0.00 Labor/Health/SWPPP/Safety Dion Castro, ToR 880 $85.00 $74,800.00 Office Engineers Sarah Alina 3440 $68.00 $233,920.00 Community Outreach/Drone Sami Faqih 792 $92.00 $72,864.00 Management Support (As -Needed) Tariq Malik, PE 0 $115.00 $0.00 LABOR COSTS a) Subtotal Direct Labor Costs $2,165,944.00 b) Anticipated Salary Increases (see page 2 for calculation) $0.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $2,165,944.00 INDIRECT COSTS d) Fringe Benefits (Rate: 0 %) e) Total Fringe Benefits [(c) x (d)] $0.00 f) Overhead: (108.08% ) g) Overhead [(c) x (f)] $2,340,952.28 h) General and Administrative (Rate: ( 0% ) i) Gen & Admin [(c) x (h)] $0.00 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $2,340,952.28 k) TOTAL FIXED FEE [(c) + (O] x fixed fee 10% $450,689.63 1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add Additional pages if necessary Description of Item Quantity Unit Unit Cost Total Mileage Costs Included $ $ One Time Charge Field O ace Furniture $ Provided by Falcon except for office chairs $ Office Chairs 10 $ 200.00 $ 2,000.00 Laptops 4 $ 700.00 $ 2,800.00 Monthly Charges Field Office Monthly Rent 28 $ 2,200.00 $ 61 600.00 Electricity 28 $ 300.00 $ 8,400.00 Water 28 $ 60.00 $ 1680.00 Internet 28 $ 250.00 $ 7,000.00 Office Cleaning, 28 $ 250.00 $ 7 000.00 Printer/PhotocopierPrinter/Photocopierl 28 $ 300.00 $ 8,400.00 Stationary & Office Supplies 1 28 $ 300.00 $ 8,400.00 Computer licenses Bluebeam $300/ ear 4EA 28 1 1 $ 100.00 $ 2,800.00 1) TOTAL OTHER DIRECT COSTS m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) $110,080.00 Subconsultant 1: Arellano Associates (DBE) $ 120,000.00 Subconsultant 2: CL Surveying (DBE) $ 800,000.00 Subconsultant 3: CMC Project Solutions (DBE) $ 100,000.00 Subconsultant 4: Converse Consultants $ 340,000.00 Subconsultant 5: Danken (Scott Walker [SR])* $ 600,000.00 Subconsultant 6: Leighton Consulting $ 340,000.00 Subconsultant 7: NV5 $ 350,000.00 Subconsultant 8: Psomas $ 250,000.00 Subconsultant 9: Skyline Consultants (DBE) $ 744,836.89 Subconsultant 10: Wood Environmental $ 67,772.91 Subconsultant 11: ZT Consulting Group $ 100,000.00 m) TOTAL SUBCONSULTANTS' COSTS $ 3,812,609.80 n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1)+(m)] $3,922,689.80 TOTAL COST [(c) + 0) + (k) + (n)] $8,880,275.70 NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation (page 2) must accompany. Page 1 of 3 January2020 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3 COST -PLUS -FIXED FEE OR LUMP SUM OR FHZM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) 1. Calculate Direct Labor Subtotal per Cost Proposal Total Hours per Cost Avg Hourly Rate 5 Year Proposal Contract $2,165,944.00 24992 = $0.00 Year 1 Avg 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Proposed Escalation Year 1 $0.00 * 0% = 0 Year IAvg Hourly Rate Year 2 $0.00 * 0% — 0 Year 2 Avg Hourly Rate Year 3 $0.00 * 0% = 0 Year 3Avg Hourly Rate Year 4 $0.00 * 0% = 0 Year 4 Avg Hourly Rate Year 5 $0.00 * 0% = 0 Year 5 Avg Hourly Rate Year 6 $0.00 * 0% = 0 Year 6 Avg Hourly Rate 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Completed Total Hours per Cost Proposal Total Hours per Year 1 60.00% * 24992 = 14995 Estimated Hours Year Year 2 30.00% * 24992 = 7498 Estimated Hours Year Year 3 10.00% * 24992 = 2499 Estimated Hours Year Year 4 0.00% * 0 = 0 Estimated Hours Year Year 5 0.00% * 0 = 0 Estimated Hours Year Year 6 0.00% * 0 = 0 Estimated Hours Year Total 100% Total = 24992 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per (calculated (calculated above) Year Year 1 $0.00 * 0 = $0.00 Estimated Hours Year Year 2 $0.00 * 0 = $0.00 Estimated Hours Year Year 3 $0.00 * 0 = $0.00 Estimated Hours Year Year 4 $0.00 * 0 = $0.00 Estimated Hours Year Year 5 $0.00 * 0 = $0.00 Estimated Hours Year Year 6 $0.00 * 0 = $0.00 Estimated Hours Year Total Direct Labor Cost with Escalation = $0.00 Direct Labor Subtotal before Escalation = $0.00 Estimated total of Direct Labor Salary Increase = 0 Transfer to Page 1 NOTES: 1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted 4. Calculations for anticipated salary escalation must be provided. Page 2 of 3 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3 EXHIBIT 10-H1 Cost Proposal Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name: Title * Senior Vice President Signature : —` Date of Certification: March 16, 2023 Email: wfa is h(cilfalcon-ca.com Phone Number: (951) 264-2350 Address: 41593 Winchester Rd, #120, Temecula, CA 92590 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Project Manager/Resident Engineer /Civil Engineer/ Roadway Engineer/Structure Engineer/ Electrical/ Traffic Safety Office Engineer/Labor/Health/Safety/Administration/Inter-agency Coordination Page 3 of 3 January 2020 ATTACHMENT NO. 02 — SCOPE OF SERVICES Page 30 of 31 FALCON Construction Management Scope of Services Engineering Services City of Temecula I-15/French Valley Parkway Improvements - Phase II Construction Management Scope of Services Contents 1 -Project Description................................................................................................................................ 2 2 - Construction Management GeneralServices...................................................................................... 2 2.1 Project Controls System Development.............................................................................................................................2 2.2 Monthly Project Progress Meetings and Reports...........................................................................................................3 2.3 Document Management System......................................................................................................................................4 2.4 Neighborhood Liaison Strategy.......................................................................................................................................4 2.5 Sub -Consultant Management..........................................................................................................................................5 3 - Pre -Construction Phase Services......................................................................................................... 6 3.1 Pre -Construction Coordination........................................................................................................................................6 3.2 Construction Management Plan......................................................................................................................................6 3.3 Pre -construction Walk Through......................................................................................................................................8 3.4 Environmental Compliance Prior to Start of Construction............................................................................................8 4 - Construction Management Services.................................................................................................... 9 4.1 Pre -construction Conferences..........................................................................................................................................9 4.2 Communications and Correspondence..........................................................................................................................10 4.3 Project Changes and Construction Change Order Management.................................................................................10 4.4 Monthly Construction Progress Reports.......................................................................................................................12 4.5 Schedule Monitoring......................................................................................................................................................12 4.6 Cost Monitoring..............................................................................................................................................................13 4.7 Progress / Coordination Meetings.................................................................................................................................13 4.8 Payment Recommendations...........................................................................................................................................14 4.9 Safety...............................................................................................................................................................................14 4.10 Environmental Coordination & Biological Monitoring.............................................................................................15 4.11 Neighborhood Communication /Public Information.................................................................................................17 4.12 Traffic Control and Signal Timing..............................................................................................................................18 4.13 Submittal Management and Review...........................................................................................................................19 4.14 Request for Information (RFI) Management and Review.........................................................................................20 4.15 Document Management...............................................................................................................................................20 4.16 Review Certified Payrolls............................................................................................................................................21 4.17 Storm Water Pollution Prevention Plan(SWPPP).....................................................................................................21 5 - Construction Inspection Services...................................................................................................... 22 5.1 Inspection and Documentation......................................................................................................................................22 5.2 Materials Testing, Construction Testing & Quality Assurance Program (QAP).......................................................23 5.3 Surveying........................................................................................................................................................................24 5.4 Review and Maintain "As Constructed Schedule"......................................................................................................26 5.5 Maintain Photographic and Video Records of Construction Progress.......................................................................26 5.6 Review and Maintain "As Built" Drawings.................................................................................................................27 5.7 Final Inspection and Punch-list.....................................................................................................................................27 5.8 Final Acceptance - Punch List Assistance...................................................................................................................28 6 - Construction CloseoutActivities....................................................................................................... 28 6.1 Contract Closeout...........................................................................................................................................................28 6.2 Project As -Built Drawings.............................................................................................................................................29 6.3 Final Project Report .......................................................................................................................................................29 6.4 Final Payment, Final Report of Expenditure Checklist...............................................................................................29 6.5 Audit Support.................................................................................................................................................................30 7 - Field Office and EmployeeEquipment............................................................................................. 30 8 - Responsibility Matrix........................................................................................................................ 31 CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 ■ FALCON Engineering Services Construction Management Scope of Services 1 - Proj ect Description The I-15/French Valley Parkway Improvements — Phase II project will construct a two-lane northbound collector/distributor system along I-15 from the I-15/Winchester Road interchange northbound on -ramps to just north of the I-15/I-215 junction, providing connectors to I-15 and I- 215 in the cities of Temecula and Murrieta. Construction will include freeway widening, bridge widening, new bridge, new retaining walls, new soundwalls, and modification to existing drainage, traffic signal and lighting systems, signs and pavement delineation. The anticipated construction contract time is 450 working days and contract value of $71.5M. The City of Temecula (CITY) is the Project Sponsor and Implementing Agency, with Caltrans providing full oversight. The Engineer of Record is T.Y.Lin International (EOR or Designer). The construction contract will be paid, in part, with Federal and State funds. This Scope of Services summarizes activities to be performed by the Construction Management firm (CONSULTANT, CM, RE, Resident Engineer, or ENGINEER) and/or its sub consultants. It is not meant to be comprehensive. Generally, the CM firm shall perform activities, on behalf of and in conjunction with the CITY, as necessary to administer the construction contract. All activities shall be performed in accordance with the guidelines and requirements of the CITY, Caltrans, and FHWA. 2 — Construction Management General Services 2.1 Project Controls System Development Purpose: To develop an integrated cost and schedule information system to provide up-to-date and accurate information regarding schedules, budgets, expenditures, and change orders to ENGINEER managers, contractors, Caltrans, and the CITY. The master schedule of the Project Controls System (PCS) will enable critical activities and interrelationships between the contractors, suppliers, the CITY, the CITY's Project Manager, design engineers, environmental monitors, CHP, utility companies, Biologist and construction manager (including its subcontractors) to be monitored efficiently during the construction phase of the Project. The master schedule will identify permit constraints, work area restrictions and other known work and/or coordination constraints. The cost -monitoring element of the PCS will enable project -wide monitoring of expenditures for comparison with the original budgets and budget updates resulting from change orders processed during the life of the Project. Monthly reporting will enable accurate cost forecasting at any time. Automating the above information will enable timely analysis, intervention, and decision -making to efficiently control the Project. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 2 FALCON Engineering Services Construction Management Scope of Services Approach: CONSULTANT will develop the PCS using available software. A master schedule will be developed summarizing all significant activities of project -related entities, including the Contractor, equipment suppliers, the CITY project manager, design consultants, the Biologist, and construction manager. The schedule will be structured to include the following: Primary contractor work activities, including major submittals, required accomplishing the work. 5 Principal work activities of the CONSULTANT construction manager, the CITY's project manager, design consultants, Biologists, contractors, and suppliers. 5 Activities necessary for regulatory compliance. 5 Activities related to utility relocations. 5 Relationships between submittals, approvals, procurement, and delivery ofmaterials. E Milestones associated with permitting and approvals. 0 Any activity requiring coordination with the CITY, Caltrans Oversight, and other local utility/regulatory agencies. 5 Substantial and final completion dates. The cost accounting format will use a work breakdown structure and cost categories compatible with the CITY's cost accounting system. The work breakdown structure will be based on the Contractor's activities and will provide the basis for cost -loading activities in the schedule. Assumptions: 1. The initial master project schedule will be developed based on information available before awarding the construction contracts. 2. The CITY will provide a description of the CITY invoicing requirements and guidelines for project work breakdown structure and cost reporting format. 3. CITY will provide copies of all consultant contracts including scope of services and budgets. Deliverables: 1. Implementation of Project Control System. 2. Draft master project schedule. 3. Initial master project schedule following review and approval by the CITY. 4. Initial project cost. 2.2 Monthly Project Progress Meetings and Reports Purpose: To apprise CITY management and other stakeholders of CONSULTANT's activities under this contract via written report and monthly meeting. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 FALCON Engineering Services Construction Management Scope of Services Approach: CONSULTANT will provide a brief written report covering a summary of the status and expenditures associated with each of the tasks described in this scope of work; including highlights of any unusual contractual issues that arise during the reporting period and a listing of approved work that is beyond the boiler plate scope with a determination of who is responsible for the associated additional costs (Contractor, Project, etc.). CONSULTANT will schedule monthly progress meetings, which will provide for discussion of progress reports and issues related to (a) this agreement and (b) the construction agreements. Assumptions: 1. The project monthly progress report will be provided throughout the contract period. 2. A regular monthly meeting date and time will be established. Meeting date is typically the first week of each month, the same day of the week. 3. Monthly Progress Reports will be provided to the CITY at the beginning of nextmonth. 4. CITY to submit proposed changes/amendments to the monthly progress reports, in writing, to CONSULTANT for its use. 5. Additional project budget expenditures determined to be the responsibility of the Contractorwill be addressed quarterly with adjustments being made to progress payments. Deliverables: 1. Monthly project progress report. 2. Monthly progress review meetings with minutes/summaries. 2.3 Document Management System Purpose: To establish a system for the timely logging, filing, and tracking of Project related correspondence to assure timely responses and provide a record of communications to enable efficient retrieval and establish the chronology of events for use in dispute resolution. Approach: CONSULTANT will set up a document tracking system, using available software to maintain project files. Assumptions: 1. Actual logging, filing, and tracking of project information will be performed under separate tasks and subtasks. 2. The CONSULTANT File Index will conform to the Caltrans filing numbering system. Deliverables: Implementation of a computerized document management system that includes written procedures for use of the ENGINEER project team. 2.4 Neighborhood Liaison Strategy Purpose: To provide a strategy for dealing with issues related to the impacts of construction on the residential neighborhoods and businesses located adjacent to and within the limits of the Project, to respond to CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 4 FALCON Engineering Services Construction Management Scope of Services public inquiries regarding the Project, and to coordinate with the CITY, law enforcement, emergencX services providers, transit agencies, school districts and others as needed regarding construction activities that may impact public safety. As part of the public outreach effort, it is anticipated that the team will conduct public meetings before and during construction. The team will also need to attend local community meetings to provide updates and information as requested. Approach: CONSULTANT will develop in conjunction with the CITY a strategy for neighborhood and local community communication related to construction phase impacts and mitigation. Assumptions: CONSULTANT will be responsible for development of the neighborhood liaison strategy. However, the CITY will provide general guidelines for community and neighborhood affairs, dictate protocol, and initiate contact with local elected officials, as required. The CITY will be responsible for the review and approval of the overall plan. Deliverables: 1. CONSULTANT: Draft Neighborhood Affairs Strategy memorandum. 2. CITY: Review and comment on draft Affairs Strategy memorandum. 3. CONSULTANT: Final Neighborhood Affairs Strategy memorandum. 2.5 Sub -Consultant Management Purpose: To coordinate and manage sub -consultant services contracted with CONSULTANT. Sub- consultants include inspectors, surveyors, landscape architects, materials testing consultants, biologists, and/or others, to be determined at a later date and secured at reasonable rates. Approach: CONSULTANT will coordinate and manage the utilization of sub -consultants for the CITY in order to comply with the terms of the contract documents and the requirements of regulatory agencies. At the CITY's direction, CONSULTANT will negotiate and enter into sub -consultant agreements with select sub -consultants. CONSULTANT will work with consultants contracted directly with the CITY. CONSULTANT will review and approve invoices provided by CITY consultants and forward said invoices to the CITY for processing and payment. Assumptions: 1. The CITY will retain final approval rights over invoices for CITY contracted consultants. 2. All costs associated with CONSULTANT's sub -consultant services will be billed to the CITY in conjunction with CONSULTANT's services on a monthly basis. Deliverables: 1. Copies of all sub consultant reports. Original reports will remain with CONSULTANT until project closeout, at which time all originals will be forwarded to the CITY with the project documentation. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 FALCON Engineering Services Construction Management Scope of Services 2. Copies of all sub -consultant invoices billed through CONSULTANT. 3. Original invoices reviewed and approved by CONSULTANT for CITY contracted consultants. 3 — Pre -Construction Phase Services CONSULTANT shall provide specialized services during the project Pre -Construction phase. These services are intended to involve the construction manager early in the Project and to provide advanced planning for construction phase activities. 3.1 Pre -Construction Coordination Purpose: In order to minimize the project construction time there will be a need to have a concentrated effort to do as much work in advance of the Contractor moving on site and to coordinate with other projects in the vicinity. Approach: The CONSULTANT will coordinate with other agencies, companies, local residents and the Contractor to ensure that there are no delays to the start of construction. This will involve close coordination with utility companies to ensure that any relocation work done prior to construction is properly managed. Also, the CONSULTANT needs to assist the utility companies to plan any relocation work scheduled during construction. Once the low bid contractor is selected the CONSULTANT is to work closely with the construction team to ensure that they obtain all necessary approvals, permits, supplies, etc. CONSULTANT will need to be aware of other public and private construction projects in the vicinity and ensure that there is close coordination between the projects. 3.2 Construction Management Plan Purpose: To provide the CITY and CONSULTANT with uniform procedures and standards for the administration of the construction contract. Approach: CONSULTANT will develop a procedures manual that is usable for the construction project utilizing the Caltrans Construction Management Manual and portions of the Local Assistance Procedures Manual. The Manual will be a compilation of both manuals, using various parts from both manuals as appropriate and incorporating a section concerning emergencies. The CITY approved manual will used by the CITY, as it deems appropriate. Assumptions: The final project manual will be bound in a three-ring binder to facilitate future revisions. Deliverables: 1. Draft project manual for review by the CITY. CONSULTANT will provide two (2) copies of the draft. 2. After review and comments, provide two (2) copies of final project manual to the CITY. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 6 FALCON Construction Management Scope of Services Engineering Services 3.1 Local Assistance Documentation / Federal Contract Management Requirements Purpose: To assist the CITY in field observation, testing and preparation of documentation required for compliance with FHWA Contract Management Requirements as detailed in the Caltrans's Local Assistance Procedures Manual. Approach: CONSULTANT in conjunction with the CITY will review the Local Assistance Procedures Manual to ensure that all contract administration procedures, documentations, and filing systems are in accordance with the Local assistance Procedures Manual. Subsections included in various chapters have been discussed in detail throughout the sections of the Scope of Services for this Project: o Chapter 1, Introduction and Overview o Chapter 5, Invoicing o Chapter 7, Field Review o Chapter 12, Plans, Specifications & Estimate o Chapter 14, Utility Facility o Chapter 15, Advertise and Award Project, including the following sections: o Approval for Local Agency to Administer Projects. o Project Advertisement, o Contract Bid Opening o Contract Award o Award Package Chapter 16, Administer Construction Contracts, including the following: o Project Supervision and Inspection o Pre -Construction Conference and Partnering o Contract Time o Subcontractors o Engineer's Daily Reports o Project Files o Construction Records and Accounting Procedures o Safety Provisions o Labor Compliance o Equal Employment Opportunity o Contract Change Orders o Quality Assurance Program o Contract Claims o Traffic Safety in Highway and Street Work Zones o Construction Engineering Review by the State. Chapter 17, Project Completion includes the following: o Final Inspection Procedures for Federal -Aid Projects o "As -Built" plans o Report of Expenditures o Consequences for Non -Compliance Chapter 19, Oversight and Process Reviews Chapter 20, Deficiencies and Sanctions CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 7 FALCON Engineering Services Construction Management Scope of Services All the above Chapters and sections have specific formats, checklists, and procedures that must be implemented as required by the Local Assistance Procedures Manual and Contract Provisions. The CITY and CONSULTANT will incorporate specific deliverables within the CONSULTANTS scope of services and designate the party or parties responsible. Assumptions: The CITY will review the CONSULTANT's Contract scope of services and deliverables to ensure that all tasks required are identified and an individual parry is assigned responsibility for that task. Deliverables - Individual tasks required for compliance with the Local Assistance Procedures Manual are identified as specific tasks including all required checklists, forms, filing system, procedures for progress payments, change orders, claims, correspondence, as-builts, reporting, permit compliance, permit renewals, final invoicing and claims mitigations and resolutions. Compliance with the Caltrans Construction Manual, Traffic Manual, MUTCD, ADA Guidelines, CAL OSHA Safety Orders, SWPPP & PMP preparation Handbook, and all Bridge Manuals is also required, as applicable. 3.3 Pre -construction Walk Through Purpose: To review, document and agree to the existing conditions of the project site and neighboring area conditions prior to the start of construction. Approach: Prior to start construction, CONSULTANT will walk the entire project and record existing conditions via a written log, photographs, and videotape where required. CONSULTANT will provide copies of all documentation to the CITY. CONSULTANT will keep documentation originals in the project files until project completion. Assumptions: Project walk will not take longer than two days with approximately the same amount of time to log, file and copy the information. Deliverables: A written log, still photographs and any videotape depicting existing site conditions, as recorded prior to the start of construction. 3.4 Environmental Compliance Prior to Start of Construction Purpose: To maintain compliance with permitting agency guidance and Special Provisions. Please see individual permits for more detailed information regarding activities, submittals, and reporting. Assumptions: That these activities will occur prior to the start of construction. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 8 FALCON Engineering Services Construction Management Scope of Services Deliverables: 1. Submit to USFWS and CDFW name of Project Biologist(s) prior to project construction start for approval by USFWS and CDFW. 2. Notify permitting agencies of start of construction as per individual permit conditions. 3. Project Biologist shall implement Worker Environmental Awareness Program to educate on- site workers about sensitive environmental issues. Project Biologist shall provide interpretation for non-English speaking workers. 4. Project Biologist shall conduct all pre -construction surveys in accordance with the environmental document, MMRP and permits for Project within their specific survey time frames. This includes least Bell's vireo, nesting birds, burrowing owl and bats. 5. Project Biologist shall oversee delineation of work boundary with appropriate fencing or flagging. Biologist shall determine and clearly delineate avoidance or buffer areas. 4 — Construction Management Services .e CONSULTANT, on behalf of the CITY, will provide Construction Management (CM) services for administration of the construction contract in conformance with the requirements set forth in the State's Construction Manual, State's Local Programs and Procedures Manual, State's Encroachment Permit and the CITY's requirements. Construction Management services will encompass the Quality Assurance and enforcement of all construction contract requirements. It can be expected that the Contractor will be working on site 24 hours per day. CM services are to be provided to enforce construction contract requirements. 4.1 Pre -construction Conferences Purpose: To provide a forum for all essential project participants to meet prior to the start of work. This meeting will outline the CITY's administration of the contract, introduction of the participants, and record all comments and questions submitted by the Contractor. Provides an understanding of the procedures to be used on the Project and what the Contractor can expect from the CITY and its consultants. Approach: CONSULTANT will schedule, prepare the agenda, chair and take minutes of the pre -construction meeting. The meeting will outline project specifics and inform the Contractor of project administration procedures. Assumptions: 1. The CITY will provide the meeting venue. 2. The CITY will assist CONSULTANT in developing the attendee list. 3. CONSULTANT will prepare a draft agenda for CITY approval prior to the meeting. Deliverables: 1. Written agenda and minutes of pre -construction conference. 2. Electronic copies of pre -construction meeting minutes to the attendees. 3. Review and comment on Contractor's base -line schedule. 4. Establish ground rules of coordination & communications with Contractor and designer concerning the processing and reviewing of submittals and RFI's. 5. Maintain construction documents per federal requirements and as detailed in Chapters 15, 16, 17 and other relevant Chapters of the Local Assistance procedures Manual. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 9 FALCON Engineering Services Construction Management Scope of Services 6. Enforcement of DBE requirements. 7. Enforcement of Labor Compliance Requirements, including completion federal Labor Compliance Pre job Checklist. 8. Enforcement of Quality Assurance Program 9. Completion of the Federal Resident Bridge Engineer's Construction Contract Administration Checklist, including all necessary attachments as detailed in Local Assistance Procedures Manual. 10. Discussion of environmental permits requirements. 11. Discussion of water quality requirements. 12. Discussion of utility company requirements. 13. Preparation of invoices for federal reimbursement. 4.2 Communications and Correspondence Purpose: To provide for and/or facilitate effective communication, on behalf of the CITY and among all stakeholders in the administration of the construction contract. Approach: CONSULTANT will obtain all pertinent information as required to develop a project directory of all key personnel and stakeholders working on the Project. CONSULTANT will log all information received from the Contractor and others. Lastly, CONSULTANT will prepare and/or forward appropriate responses, obtaining CITY approval when required. Assumptions: 1. The CONSULTANT's Correspondence Log will be used for all correspondence received from the CITY, the Contractor, and others. 2. All original correspondence will remain with the ENGINEER project files. Only copies will be distributed, with the exception of shop drawing submittals. 3. The CONSULTANT'S project files will be turned over to the CITY upon the conclusion of the Project. Deliverables: 1. Communication files. 2. Written logs of information received from the CITY, the Contractor, design consultants, Biologist, testing firm, citizens and/or others. 4.3 Project Changes and Construction Change Order Management Purpose: To reviewing proposed changes to the Project and determine if the change is necessary and/or beneficial to the Project, and if such changes constitute a change order. To provide a system for logging and tracking all changes on the Project. To provide the CITY with assurance that the Contractor is not presenting requests to be paid for additional work included in the original contract. To assure the CITY that the associated extra work costs and time extension requests are fair and reasonable to both the CITY and the Contractor. Approach: CONSULTANT will review potential changes to the Project for contractual and technical merit, prepare independent cost estimates and schedule analysis of work, discuss proposed changes with CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 10 FALCON Engineering Services Construction Management Scope of Services CITY, and negotiate change order costs with the Contractor. CONSULTANT will prepare change orders with all required support documentation for execution by the CITY. CONSULTANT will keep the CITY apprised of cumulative changes in project cost and project duration. CONSULTANT will negotiate change orders on behalf of the CITY and will use the following approach in assisting & coordinating the process with the CITY: Requests for Changes by the CITY 1. CONSULTANT will forward a Request for Quote (RFQ) to the Contractor for pricing and stipulation of proposed time extension, if requested work can be shown to impact the Project's critical path. The RFQ shall contain a description of the extra work (normally provided by the Designer) to fairly price the work. 2. CONSULTANT will prepare an independent cost estimate of the extra work. 3. CONSULTANT will review the cost quote from the Contractor for completeness, negotiate cost and time extension requests as required and obtaining CITY concurrence throughout the process. Obtain CITY authorization for proceeding with the change, based on definitive cost and time extension values. 4. Should CONSULTANT and the Contractor be unable to negotiate a reasonable price, the CITY will be consulted prior to directing the work via alternative contract change options such as proceeding on a time and material basis or proceeding by force account. Requests for Changes by Contractor 1. CONSULTANT will review requests of proposed cost and/or time impacts for merit. If CONSULTANT determines the request fails on merit, the Contractor will be informed of the reasons why the request is denied. Should CONSULTANT determine the request has merit; CONSULTANT will proceed with steps 2 and 3. 2. CONSULTANT will prepare an independent cost estimate and schedule analysis of the work. 3. CONSULTANT will negotiate extra work cost and time extensions with the Contractor. 4. CONSULTANT will prepare change order documents for approval and execution by the CITY. Assumptions: 1. CONSULTANT will have authority to make minor changes to work that it determines to have no cost or time impacts to the construction project. 2. CONSULTANT will be allowed to use their own judgment regarding how best to handle cost negotiations with the Contractor but will keep the CITY informed throughout the process. 3. CONSULTANT will prepare official change order documentation to be processed withthe Contractor's regular application for payment. 4. CONSULTANT will transmit electronic copies (MS Word *.docx files) of change order documentation to the CITY's capital project construction group. 5. CONSULTANT will obtain final approval of all project cost and/or project time changes from the CITY, and Caltrans prior to authorizing the Contractor to proceed with changes. Deliverables: 1. Perform quantity and cost analysis as required for negotiation of change orders 2. Analyze additional compensation claims that are submitted during the construction period and prepare responses. 3. Perform claims administration including coordinating and monitoring claim responses, logging claims and tracking claim status. 4. Change order documentation ready for approval and execution by the CITY. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 11 FALCON Construction Management Scope of Services Engineering Services 4.4 Monthly Construction Progress Reports Purpose: To keep the CITY apprised of the project status during the prescribed construction period. Approach: CONSULTANT will prepare a monthly report that provides construction status to the CITY and other involved parties. The monthly report shall contain the following: 1. Description of activities completed in the past month. 2. Description of anticipated work on next period. 3. Identify actual and potential problems associated with the construction project. 4. Potential Issues, pending change orders and executed change orders. 5. Update of public relations, notifications. 6. Update of safety issues, concerns. 7. Photographs to show construction activities and for clarity regarding specialissues. 8. Other information deemed necessary for the CITY to have a concise understanding ofthe construction Projects. 9. Project status, percentage of work completed, dollar amount of work completed, status of contingency money. Assumptions: The CITY will assist CONSULTANT in the initial formatting of the first report. Deliverables: 1. Monthly progress report. 4.5 Schedule Monitoring Purpose: To monitor and review the Contractor's schedule, after acceptance of the baseline schedule, so that the Project is not being delayed over issues within the control of the Contractor. Approach: CONSULTANT will develop procedures, using available software, to review the Contractor's monthly schedule updates for logic, duration, and resource changes. CONSULTANT will notify the Contractor of discovered changes and document the Contractor's response, for the record. CONSULTANT will keep the CITY apprised of the Contractor's current construction schedule. Assumptions: Contract specifications will require the Contractor to use Critical Path Method (CPM) scheduling tools/software. The preferred scheduling software is P6 or SureTrak by Primavera. Gant charts will be strictly forbidden. Deliverables: 1. CONSULTANT will prepare and transmit to the Contractor schedule review comments. 2. Monthly review of Contractor's schedule updates and provide a summary to CITY on schedule status and impact of changes to completion date. 3. Monitor and facilitate utility coordination with various utility companies and the Contractor. Incorporate relocations in the schedule and report any delays and impacts to the completiondate. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 12 FALCON Construction Management Scope of Services Engineering Services 4.6 Cost Monitoring Purpose: To provide the CITY with a system that is easy to understand and provides up-to-date cost information for making timely decisions. Approach: CONSULTANT will generate spreadsheets and graphs for the purpose of monitoring anticipated and actual cost outlays. Assumptions: The CITY will provide direction regarding desired cost monitoring information and report formats. Deliverables: 1. Monthly cost monitoring reports in a format to be determined. 2. Monthly progress report for the CITY describing key issues, cost vs. budget status, and schedule status. 4.7 Progress / Coordination Meetings Purpose: To provide a forum for the review of the project status, the look -ahead schedule including activity sequence and duration, schedule for delivery of long lead items, outstanding RFIs, submittals, and other project issues. Approach: CONSULTANT will conduct weekly progress/coordination meetings, to be attended by the CITY, the Contractor, CONSULTANT and other invitees. CONSULTANT will request the CITY and the Contractor to submit agenda items for the meetings. Using the proposed agenda items and agenda items developed in house, CONSULTANT will prepare a comprehensive agenda for the meeting and distribute the agenda to all parties scheduled to attend. Following the meeting, CONSULTANT will distribute meeting minutes, requesting either the concurrence of those who attended, or suggested corrections to the minutes. Minutes will be filed as either approved or amended. Assumptions: 1. The CITY's and Contractor's staffs will be able to meet on a regular basis. 2. Meeting room will be available. 3. Meetings will not take place more than once a week and will not last longer than one hour. 4. The Contractor will submit a look -ahead schedule (2 or 3 week) at each meeting. Deliverables: 1. Agenda with status of open items from previous meetings. 2. Meeting minutes, for review, with action items noted. 3. Amended meeting minutes, if required. 4. Submittal, Issues log, Change Order log and RFI and RFQ working logs. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 13 FALCON Construction Management Scope of Services Engineering Services 4.8 Payment Recommendations Purpose: To verify that the Contractor's request for payment does not represent more than an amount that is reasonable for the work done on a monthly basis. To prepare progress payment recommendations on behalf of the CITY for work completed and materials on hand (if allowed). Approach: CONSULTANT will review and approve the Contractor's monthly progress based on the percentage of work activities complete. Once approved, CITY will prepare a payment application certificate for approval and execution by the CITY. Assumptions: 1. The CITY will make payments in accordance with the contract stipulations and State Law to the Contractor once each month. Deliverables: 1. Contractor's certified application for payment. 2. Progress payment request documents suitable for approval and execution by the CITY. 4.9 Safety Purpose: To review the Contractor's work site safety and notify the Contractor of unsafe conditions, as observed. Implement the Cal OSHA Safety Orders requirements for providing safe work site conditions. Approach: CONSULTANT will observe contractors' work area. Contractor is to be informed if unsafe work conditions and/or areas are observed. Immediate shutdown of contractors' work may be required if conditions endanger property and/or life. Random attendance of Contractor's tailgate meeting. CONSULTANT will conduct its own bi-weekly staff safety meeting to discuss specific safety procedures and issues relating to current or upcoming construction activities requiring unique safety procedures. Assumptions: 1. Contract document requires Contractor to submit its safety program and safety officer prior to the start of work 2. Contract documents or Contractor's safety program requires Contractor to submit accident reports. 3. CONSULTANT assumes no responsibility for safety of Contractor's work areas. 4. CONSULTANT assumes no responsibility for implementation of Contractor safety program, or its construction means and methods. Deliverables: 1. Accident reports from Contractor. 2. Regular safety meeting minutes. 3. Copies of safety issues discussed during contractors' tailgate meetings. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 14 FALCON Construction Management Scope of Services Engineering Services 4.10 Environmental Coordination & Biological Monitoring Purpose: To verify the Contractor has copies of applicable permits and that the work activities abide by the requirements of the permits granted by regulatory agencies. All permits shall be kept current and renewed prior to expiration throughout the project duration. Approach: CONSULTANT will review and enforce requirements stipulated in permits issued by regulatory agencies. CONSULTANT will mobilize the services of its sub -consultant for Biological Monitoring who will provide a certified Biologist (Monitor). Assumptions: 1. All permits will be provided to CONSULTANT forreview. 2. All permits will be included in the contract documents. 3. Project Biologist will ensure compliance with permits and Stewardship Section of the Project's Special Provisions. 4. Consultant's sub -consultant will provide a certified Biologist. This Biologist shall be knowledgeable and experienced in biology of wildlife resources present at the Project. 5. The USFWS must approve the Biological Monitor. Biological Monitor will be responsible for oversight of Programmatic Biological Opinion for any listed or protected species within or adjacent to the PROJECT site. Deliverables: The CONSULTANT's sub -consultant Biological Monitor will: 1. Develop a Worker Environmental Awareness Program. Each employee (including temporary, contractors, and subcontractors) will receive a training/awareness program. Interpretation for non- English speaking workers will be provided. They will be advised of the potential impact to the listed species and the potential penalties for taking such species. At a minimum, the program will include the following topics: occurrence of the listed and sensitive species in the area, their general ecology, sensitivity of the species to human activities, legal protection afforded these species, penalties for violation of Federal and State laws, reporting requirements, and project features designed to reduce the impacts to these species and promote continued successful occupation of the project area environs. Included in this program will be color photos of the listed species, which will be shown to the employees. Following the education program, the photos will be posted in the resident engineer's office and Contractor's office, where they will remain throughout the duration of the Project. The RESIDENT ENGINEER, CONTRACTOR, and USFWS-approved biological monitor will be responsible for ensuring that employees are aware of the listed species. 2. Ensure that ESAs will be designated by erecting protective fencing delineating the project impact boundary and sensitive habitats and that this barrier fencing will be constructed in such a way as to restrict the movement of fauna into impacted areas but not trap wildlife within project construction area. Be present for all ESA fence construction. Inform all parties associated with this Project to strictly avoid these areas and that no construction activities, materials, or equipment will be permitted in the ESAs. ESA fencing shall be monitored daily. 3. Relocate any specified animals using traps or other methods acceptable to the USFWS if necessary. Relocation sites must be identified by the USFWS. 4. Be present at all pre -construction and pre -grade meetings and on -site during vegetation removal. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 15 FALCON Engineering Services Construction Management Scope of Services 5. Will have the authority to halt all associated project activities that may be in violation of any biological opinion. In such an event, the Biologist will contact the USFWS within 24 hours. 6. Monitor that the construction work areas are delineated and marked clearly in the field prior to any habitat removal, and the marked boundaries are maintained and clearly visible to personnel on foot and heavy equipment operators. Shall strictly limit contractor personnel from activities and vehicles outside the proposed project areas, staging areas, and routes of travel. 7. Monitor construction to ensure that vegetation removal, Best Management Practices (BMPs), ESA fencing, and all avoidance and minimization measures are properly constructed, maintained and observed. 8. Monitor that all equipment maintenance, cleaning, staging, and dispensing of fuel, oil, or any other such activities, will occur in designated upland areas 50 feet from any channel. The designated upland areas will be located in such a manner as to prevent any runoff from entering waters of the United States, including wetlands. 9. Monitor that the typical erosion control measures, BMPs, in the vicinity of streams will be employed in accordance with the conditions in the 401 Water Quality Certification requirements of the Regional Water Quality Control Board. 10. Monitor the restriction of the use of invasive exotic plant species in landscaped areas adjacent to or near sensitive vegetation communities. In compliance with Executive Order 13112, impacted areas will be revegetated with plant species native to the area. 11. Monitor that all construction equipment will be inspected and cleaned prior to use in the proposed project footprint to minimize the importation of non-native plant material per the Vehicle Equipment Treatment Plan. Also monitor/verify that all mulch, topsoil and seed mixes used during post construction landscaping activities and erosion control BMPs will be free of invasive plant species propagules. Ensure that a weed abatement program will be implemented should invasive plant species colonize the area within the project footprint post -construction per Weed Abatement Plan. 12. Monitor that no off -road vehicle activity from construction personnel or other persons affiliated with the Project will occur outside of the project footprint. 13. Monitor that all trash will be placed in covered containers and removed from the site daily. 14. Monitor that no pets or firearms will be permitted inside the Project's construction boundaries or other associated work areas. 15. Monitor least Bell's vireo and other bird species per Nesting Bird Management Plan and Burrowing Owl Protection Plan. 16. Biologist shall ensure that Environmental Commitments Record (ECR) activities are conducted and assist CONSULTANT in filling out ECR. 17. Monitor that all soil/rock removal and storage activities will be restricted to the project footprint, including staging and detour locations, and that no activities will be authorized that extend beyond the boundaries of the project footprint. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 16 FALCON Engineering Services Construction Management Scope of Services 18. A Paleontological Mitigation Plan has been prepared for Project. A paleontological monitor will monitor all subsurface -disturbing activities during construction. The Monitor will attend the preconstruction meeting. Monitor will provide paleontological resource awareness training prior to construction for one hour. A final summary report shall be prepared by monitor. 19. Monitor that proper signage be implemented to advise motorists that the vehicle speeds on unpaved construction access roads will be restricted to a maximum of 25 MPH Speed limits must be reduced to 5 MPH within wildlife corridors during nighttime construction. 20. Monitor that all culverts, bridges, and associated water passage structures will be maintained such that water and sediment may pass between upstream and downstream locations and so asnot to block the passage of wildlife. 21. Bat Surveys: CDFW approved biologist will conduct an additional nighttime survey during June - August. Results of the survey will be submitted to CDFW for review. If a maternity colony is discovered Biologist will develop measures and buffers to be submitted to CDFW for review and approval. A Bat Avoidance, Monitoring, and Protection Plan will be prepared that details these measures and buffers, among others detailed in the 1600 permit. Included in these measures will be the inspection and removal of swallow nests in the fall to prevent bats from wintering over in them. Biologist shall oversee the removal of mature trees and snags by the two-step process. 22. Biologist shall monitor construction and removal of water diversion in accordance with Avoidance Management Plan. 23. At the end of each workday, Biologist or designee shall oversee the securing of all open trenches so that animals are unable to enter and become trapped. 24. Monitor is to ensure compliance with any U.S. Army Corps of Engineers 404 permit authorization, California Department of Fish and Wildlife 1600 permit, and the California Regional Water Quality Control Board 401 permit. 25. Monitor shall wear Class II or Class III safety vest and hard hat at all times on the job site and shall be aware of the location of all heavy equipment in the vicinity as they may not be visible to the equipment operator. 26. All materials submitted will become the property of the CITY. 4.11 Neighborhood Communication /Public Information Purpose: To provide an efficient means for keeping traveling public, adjacent residents and businesses appraised of the work activities they will encounter during construction. To provide a local contact telephone number that residents and businesses may contact to pose questions and discuss concerns. Approach: Using the Neighborhood affairs strategy memorandum, developed per Section 2 of this scope, CONSULTANT will prepare "Dear Neighbor" letters and door hangers as a means to communicate with adjacent residents and businesses. Attending and facilitating public meetings, responding to citizens and business owner's inquiries. Working with the CITY and Caltrans public information offices. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 17 FALCON Engineering Services Construction Management Scope of Services Assumptions: All information for public use is to be reviewed for concurrence by the CITY and provided to the CITY as requested. Deliverables: 1. Attend CONSULTANT's Neighborhood/Business meetings on an as needed basis. 2. Minutes of any meetings listing questions posed by residents and business owners. 3. Work progress flyers (Dear Neighbor letters). 4. Door hangers if not provided by the Contractor. 5. Local contact number for CONSULTANT. 6. 24-hour hot line 7. Installation of a construction site video camera 8. Project web page maintenance and updates including current schedule, progress updates, costs, public meeting information, camera feed, and project exhibits 9. Provide Draft "Friday" report items to the CITY and draft news releases as needed. 10. Coordinate with CHP, law enforcement, emergency services, transit, schools, etc. regarding construction activities that may impact public safety. 4.12 Traffic Control and Signal Timing Purpose: To provide an efficient means for keeping traffic flowing through the site to adjacent residents and businesses during construction. Approach: Using a Traffic Engineer, CONSULTANT will provide the necessary expertise to evaluate and modify permanent and temporary traffic controls, including signal timing as necessary to ensure the safe and efficient handling of traffic through the project site. Work with the CITY traffic engineering offices. Assumptions: Any CITY desired changes to the traffic handling will be communicated to CONSULTANT in a timely manner. Any Contractor desired changes to the traffic handling plans will be handled per Section 4.3 of this scope and require CITY concurrence prior to implementation. Deliverables - I. Monitor, review and provide recommendations for modifications to traffic handling during the course of construction. 2. Prepare signal timing charts for traffic signals within and adjacent to project site as necessary to promote improved traffic flow for the various phases of construction and maintain coordinated timing to the extent possible (i.e., time -based coordination/GPS or wireless communication). 3. Work with the CITY to implement those signal timing charts. 4. Provide a recommended signal timing chart for implementation at project completion based on the ultimate configuration. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 18 FALCON Engineering Services Construction Management Scope of Services 4.13 Submittal Management and Review Purpose: To provide an efficient means of processing and reviewing submittals, including working drawings, shop drawings, product data, sample and other items furnished in accordance with Sections 5-1.02 and 5-1.02A of the State Standard Specifications, from the Contractor and forwarding applicable submittals to the Project Designer as may be appropriate. Approach: CONSULTANT will develop a comprehensive submittal list for distribution to the Contractor and the Designer. CONSULTANT will update and submit status submittal logs for review at each coordination meeting. CONSULTANT will work with the Contractor and Designer (where applicable) to encourage timely submission, review and approval of submittals as outlined in the Contract Documents, prior to inclusion of submitted materials in the progress of the work. In addition, CONSULTANT will perform the engineering reviews and approvals for working drawings and calculations provided by the Contractor in accordance with Sections 5-1.02 and 5-1.02A of the State Standard Specifications and within the review timeframes as specified in the applicable sections of the contract documents and specifications. The following steps will be taken in reviewing the Contractor's submittals: 1. Log all submittals by Specification Section. 2. Ensure that the Contractor has provided a complete submittal, coordinated with the work of other trades, and that all deviations have been noted. Submittal is returned to the Contractor if it is not complete. 3. Construction Manager reviews submittal for general compliance with the specification. 4. Applicable Submittals are forwarded to Designer for formal review. Submittal status is logged. 5. Submittals sent to Designer are returned to CONSULTANT. Submittal status is logged. 6. CONSULTANT to perform engineering review of submittals consisting of working drawings and calculations furnished in accordance with Sections 5-1.02 and 5-1.02A of the State Standard Specifications. Such submittals shall be reviewed and approved by CONSULTANT's Resident Engineer in accordance the above sections, other applicable sections of the State Standard Specifications and the Caltrans Inspection Manuals for the associated work (i.e., Falsework, Prestressing, Trenching and Shoring, etc.). 7. Approved submittals are returned to the Contractor for use in work. Submittal status is logged. 8. CONSULTANT to inform Contractor if a re -submittal is required. Assumptions: 1. CONSULTANT will not be responsible for errors or omissions in submittal lists. 2. Coordination and submission of submittals in accordance with requirements of the contract is the responsibility of the Contractor. 3. CITY will provide a listing of submittals to be reviewed by the Designer or others including CITY staff. 4. CONSULTANT will not make an exhaustive review of Contractor's submittals except as noted above. CONSULTANT will forward to the Designer all submittals designated by the CITY to be reviewed and approved by Designer. These submittals are typically for pre -manufactured materials and assemblies specified in the Contract. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 19 FALCON Engineering Services Construction Management Scope of Services Deliverables: 1. Submittal status log. 2. Check Calculations, where required. 3. Copy of all approval letters, approved working drawings, submittals, and final submittal log. 4. Request for Information (RFI) Management 4.14 Request for Information (RFI) Management and Review Purpose: To provide an efficient means of processing Requests for Information (RFIs) submitted by the Contractor. The efficient management of RFIs permits timely communication between the Designer and the Contractor. Approach: CONSULTANT will receive, log, and review all RFIs for completeness and verify the question is reasonable and understandable. CONSULTANT will provide a short technical review of the RFI to determine if the issue is addressed adequately in the contract documents. CONSULTANT will return the RFI if the question is unclear or, in the opinion of CONSULTANT staff, the answer is contained in the contract documents, noting where the requested information can be found in the contract documents. CONSULTANT will track RFIs and facilitate the timely response from the Designer. Assumptions: The Designer will respond with an answer to all RFIs within the contract stipulated time period for response. Facsimile or e-mail will be used to forward RFIs to the Designer and return responses to the Contractor, with original documents to follow. Deliverables: 1. Comprehensive log of all outstanding RFIs and their status. 2. Prepare responses to RFI's related construction issues 3. Transmit design related RFI's to design engineer and copy CITY Project Manager. 4. Conduct meetings with the Contractor and other parties as needed to discuss and resolve RFI's. 4.15 Document Management Purpose: To provide the CITY with an electronic means of tracking all documents exchanged between the parties involved in the construction of the Project. Approach: CONSULTANT will use File Index modified to conform to the Caltrans filing system to log all documents in the project field office. Documents will be scanned into the document control system and attached to the file index categories. All documents will be filed as an electronic file andhardcopy. Assumptions: 1. CONSULTANT will file all documents following Caltrans log Index. Deliverables: 1. Comprehensive logs of all documents in the project files (electronic and hardcopy). Electronic CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 20 FALCON Engineering Services Construction Management Scope of Services files shall not require special software to read or access. 2. All hardcopy project documents exchanged on the Project between the various parties. 3. Establish and process project control documents to include: 0 Daily inspection and Resident Engineer's diaries 0 Weekly Newsletter and Weekly Statement of Working Days 0 Monthly progress report and monthly progress pay estimate 0 RFI's, Submittals Correspondences with Contractor, Caltrans, Permitting Agencies, Utility Companies, Regulatory Agencies, and other stake holders Survey requests and survey notes Materials receipts, materials testing results, and certificate ofcompliance Mix designs for PCC, CTPB, AC, AB 4.16 Review Certified Payrolls Purpose: To verify the Contractor provides certified payroll reports in conformance with the provisions of the contract and applicable State and Federal Law. To verify certified payroll reports contain information required by the Labor Code. Approach: CONSULTANT will receive and review certified payrolls from the Contractor and each of its subcontractors. CONSULTANT will check for the "Statement of Compliance" from the Contractor and/or subcontractors and spot-check wages for each classification of laborer or craftsperson. CONSULTANT will notify the CITY and the Contractor of all discrepancies and/or errors and request a corrected Certified Payroll. Assumptions: 1. CONSULTANT will conduct employee interviews, for the purpose of verifying payment of prevailing wages. CONSULTANT will perform a minimum of one interview per trade, per Contractor per month. 2. CONSULTANT will not be held responsible for enforcement of the Labor Code. 3. CONSULTANT will maintain a weekly list of subcontractors working on the Project. 4. CONSULTANT will not be responsible for identifying every worker on site. Deliverables: Hardcopies of the Contractor's certified payrolls maintained in the project files. 4.17 Storm Water Pollution Prevention Plan (SWPPP) Purpose: To protect the CITY from potential fines from regulatory agencies by monitoring contractors' activities regarding pollution prevention controls and/or activities for general compliance with the Contractor's SWPPP Best Management Practices (BMP). Approach: CONSULTANT will observe the Contractor's work area for general compliance with the SWPPP Best Management Practices (BMP) and notify the Contractor if the pollution prevention controls are not in CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 21 FALCON Engineering Services Construction Management Scope of Services accordance with the SWPPP. Failure to revise and correct conditions will be caused to have the CITY take corrective action. Immediate shutdown of the Contractor's work may be required, if conditions are in non-compliance with the SWPPP or other permit conditions. Assumptions: 1. CONSULTANT will not provide full time inspections of Contractor's work areas for compliance with the Contractor (s) SWPPP and BMP. 2. CONSULTANT will not be responsible for Contractor (s) means and methods forcomplying with the BMP listed in the SWPPP. 3. CONSULTANT will not be responsible for costs incurred by the Contractor (s) for its failure to comply with its SWPPP. 4. CONSULTANT will document site conditions with respect to SWPPP and BMP weekly and maintain a separate file for said reports. Deliverables: Contractor(s)' SWPPP monitoring reports and CONSULTANT documentation of site conditions kept in project file for the record. 5 — Construction Inspection Services 5.1 Inspection and Documentation Purpose: To provide the CITY with documentation of construction activities, duration of activities, manpower and equipment allocation, inspections, and work conditions. Approach: CONSULTANT will provide experienced and qualified inspectors (qualified by the State of California Department of Transportation) acceptable to the CITY, Caltrans, and other surrounding cities. Inspectors will document the Contractors' daily activities, manpower loading, on -site equipment and items considered pertinent to the Project. Construction contractor may be working on site 24 hours per day. CM services are to be provided to enforce the construction contract requirements. CONSULTANT will coordinate and manage the utilization of CONSULTANT's inspectors for the purpose of providing daily inspections and/or special inspections as deemed necessary and beneficial for proper completion of the Project, or, at the CITY's direction, CONSULTANT will negotiate and enter into sub -consultant agreements with qualified inspectors including special inspectors, as needed, and defined in Task 2.5. Assumptions: 1. CONSULTANT shall provide inspectors who are experienced and qualified for the inspection required. 2. All inspections will be within the project limits. Deliverables: 1. The Inspectors will ensure compliance with all aspects of this construction contract by continuously monitoring, evaluating, approving, or rejecting the Contractor's work in accordance with the approved construction contract and Caltrans requirements. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 22 FALCON Engineering Services Construction Management Scope of Services 2. CONSULTANT Inspector's daily and/or special inspection reports maintained in the CONSULTANT project files and turned over to the CITY at the completion of the Project. Copies of these daily reports will be submitted upon request. 3. Take and maintain digital photographs and videos as necessary to provide documentation of construction activities. All photos will be logged, dated, and kept in project files. 4. Verify field measurements for compliance with contract plans and specifications and provide quantity calculations for progress payments. 5. Continue to update an As -Built set of plans and review contractor's marked set. 6. Conduct weekly project meetings, prepare, and distribute to all designated parties. 7. Review the updated construction schedule and maintain record. 8. Review laboratory, shop and mill test reports of materials and equipment, and coordinate with design engineers as required, to ensure compliance with contract and Caltrans requirements to guard against defects and deficiencies in the project work. 9. As appropriate, require special inspection or testing, or make recommendations to the CITY regarding special inspections or testing of work not in accordance with the provisions of the contract documents whether or not such work is fabricated, installed or completed. Subject to review by the CITY and Caltrans Inspectors may reject work which does not conform to the provisions of the contract and approving agencies. 10. Establish and process job control documents including: 0 Daily inspection diaries Resident Engineers daily. 0 Monthly construction progress payment 0 Request for information 0 Survey requests 0 Materials receipts 0 Weigh master certificates 0 Materials submittals 0 Weekly statements of working days 0 Construction change orders 0 Review of certified payrolls 5.2 Materials Testing, Construction Testing & Quality Assurance Program (QAP) Purpose: To provide project site and laboratory testing of construction materials used in the Project for the purpose of determining quality and acceptability of materials and workmanship incorporated into the Project and in compliance with the contract documents. Approach: CONSULTANT will coordinate and manage the utilization of the materials and testing laboratory for the purpose of providing laboratory and field-testing of materials in accordance with test methods and frequencies specified in the contract documents, as required by the California Test Methods, and Caltrans' Quality Assurance Manual. Assumptions: 1. It is assumed that the CITY will not provide the Materials Testing services on this contract under the direction of the CM. 2. CONSULTANT shall provide material testers and laboratory technicians who are experienced and CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 23 FALCON Engineering Services Construction Management Scope of Services qualified for the inspection required. 3. CONSULTANT will ensure the implementation of the Quality Assurance Program for source inspections, materials acceptance, and special inspections as required by the contract. 4. All material testing, materials acceptance and special inspections will be within the project limits or as required by the contract. 5. Contractor must formally request testing in writing. If no formal request is made (at what time), the CM will ensure the Contractor will stop the effected work until testing is complete and materials are deemed acceptable. Deliverables: 1. Laboratory test reports maintained in the CONSULTANT project files and turned over tothe CITY at the completion of the Project. 2. Summary sheet of all test reports submitted by others to substantiate compliance with contract documents. 3. Summary sheets of all Certificates of Compliance or source release tags furnished by the Contractor along with the applicable delivered materials at the job site. 4. Testing summary sheets. 5. Coordinate source inspections and special inspections as required by the contract document and the Quality Assurance Program. 5.3 Surveying Purpose: To provide construction survey staking services for the construction of storm drains, curb & gutters, other utilities, street sections, sub -grades, bridges, walls and for monitoring settlement and other appurtenances as may be required for completion of the I-15/French Valley Parkway Improvements — Phase II Project. Approach: CONSULTANT will manage all survey staking services necessary for the construction of this Project. Resident Engineer will review Contractor's survey staking request for completeness and adherence to the boiler plate of approved survey activities (including interval spacing) and schedule survey staking in a timely manner. The survey staking services shall conform to Section 11 "Engineering Surveys" and Section 12 "Construction Surveys", both Caltrans Survey Manual, the Land Surveyors Act and the following requirements: 1. Responsible Charge for the work shall reside with a Registered Civil Engineer possessing a license issued prior to January 1, 1982, or a licensed Land Surveyor, issued by the State of California. 2. Construction staking shall begin no later than two working days after the initial request is made through the CONSULTANT's Resident Engineer and received by the Land Surveyor; working days will be determined by the Land Surveyor's standard work week. 3. CONSULTANT will ensure that all survey -staking services are coordinated to meet the Contractor's operations schedule; staking requests are submitted and reviewed in a timely manner. Any penalties associated with time delays that are a result of a failure to provide approved staking requests to the Land Surveyor in a timely manner will be borne by the CONSULTANT. 4. CONSULTANT will provide field office support and office space to the survey crews and check field staking notes after staking. 5. CONSULTANT survey staking sub -consultant, if required and approved by the CITY, shall provide all labor, tools, equipment, and other miscellaneous items necessary to perform their CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 24 FALCON Engineering Services Construction Management Scope of Services work, and providing one set of construction stakes as required by the construction contract. 6. Where conflicts between Caltrans guidance and CITY guidance occurs, the CITY guidance will be followed. For example, the CITY does not support Automated Machine Guidance (AMG) activities. Assumptions: 1. It is assumed that the CITY will not provide the Survey services on this contract under the direction of the CM. 2. A minimum standard of survey quality shall be that of similar surveys performed by CITY and Caltrans. Deliverables: 1. Maintain log of construction staking requests. 2. Maintain a construction -staking plan set in the field office for review, reference, and document any as -built changes. 3. Maintain files of all field notes for review and reference. 4. Limits of clearing and grubbing will be flagged at 100-foot intervals. 5. Slope Stakes will be placed at 50-foot intervals. Rough grade will be staked at all grade breaks and at 50-foot intervals. Slope stakes will be provided forroadway. 6. Finished grading stakes will be provided at all grade breaks and points of curvature (BC, EC, PRC, PCC, etc.) with curb and gutter stakes placed at 25-foot intervals, and edge pavement stakes placed at 50-foot intervals. Additional stakes at intermittent intervals can be provided where project conditions require, such as tight radius curves, etc. 7. Utilities will generally be controlled by adjacent construction staking or adjacent facilities with the Land Surveyor providing staking of project features and/or project right-of-way in the vicinity of the utility in question. Storm drains will be staked at 50-foot intervals. Water and sewer lines, when required, will be staked at grade breaks, angle points, appurtenances (valves, crosses, ends, etc.) and at 50-foot intervals; 25-foot interval spacing will be used when the grade is less than 0.3 percent. Stakes will be provided at the ends of pipes (with a corresponding "Line Only Point" stake) and at appurtenances, drop inlets shall be staked with two 5-foot offset stakes parallel to curb, showing offset to curb line; the local depression is the Contractor's responsibility. 8. Retaining walls, bridge abutments and bents: one set of stakes will be provided for bridge construction as follows: At each abutment, pier or bent the corners of each footing will be staked, and three stakes will be provided: One stake will be provided at the intersection ofthe control line and abutment/bent/pier centerline. The other two stakes will be placed on the centerline of the abutment/pier/bent, one on either side of the structure, offset as requested by the Contractor. Approach slabs will be established at limits of slabs, with one set of stakes to offset requested by the Contractor. Retaining wall staking will be provided at not less than 20- foot intervals or exceed 50-foot intervals. The Contractor shall provide retaining wall intermediate staking and additional survey controls as required to construct the structure to the grades and tolerances required by the Standard Specifications and Special provisions. 9. Other improvements such as permanent delineation, signs, lighting, signals, traffic detector loops, guard rails, etc., will be staked by the Construction Engineer. 10. Monuments established by the CONSULTANT shall be marked by the CONSULTANT with State furnished disks, plugs, or tags. In addition, the CONSULTANT shall identify CONSULTANT established monuments by tagging or stamping the monuments with the license or registration number of the CONSULTANT's surveyor who is in "responsible charge" of the work. Replacement of Survey monuments shall be the responsibility of the CONSULTANT. All new monuments shall be set in accordance with current Caltrans, CITY and Land Surveyors Act requirements. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 25 FALCON Engineering Services Construction Management Scope of Services 5.4 Review and Maintain "As Constructed Schedule" Purpose: To track Contractor's progress during construction of the Project. Approach: CONSULTANT will use the daily inspection reports prepared by CONSULTANT inspectors, the contractors' schedule, site observations, and other sources of information, to track and document the Contractor's actual progress. The Contractor's baseline critical path schedule or most recent accepted update will be used as a basis for comparing planned versus actual progress. The CPM software described in Section 3 will be used to track the Contractor's progress and build a schedule based on the Contractor's activities. Assumptions: Monitoring will be on a continuous basis and the "as constructed" schedule will be updated monthly. Deliverables: An "As Constructed Schedule" with one electronic file (readable by software used by the CITY) and one hardcopy. 5.5 Maintain Photographic and Video Records of Construction Progress Purpose: To provide the CITY with a photographic record of the Project, before, during and after construction. Approach: Using digital photography, and construction video recording cameras, CONSULTANT will record the Contractor's progress during construction on a daily basis or otherwise as approved by the CITY. Care will be taken to record all items and/or conditions that have or may have a bearing on claimed extra work. Assumptions: All photographs will remain at the CONSULTANT office until the end of the Project. Video will be recoded and saved as part of the project records. Video will also be made available to the public via the Project web site. Deliverables: 1. A detailed photographic history of all phases of the Project will be maintained in project files. 2. Construction video cameras, with pan, zoom, tilt capabilities are to be installed prior to construction start and maintained throughout the Project. Camera(s) will be placed so as to capture the widest range of activity and clearest views of the Project to the extent possible. Cameras may be required to be relocated as project phases change. Coordination with CITY to provide live video feed via the CITY's website is required. CONSULTANT is responsible for providing an appropriate power source for the cameras. Solar power may be considered. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 26 FALCON Engineering Services Construction Management Scope of Services 5.6 Review and Maintain "As Built" Drawings Purpose: To provide the CITY with accurate record drawings for the Project. Approach: CONSULTANT will monitor the Contractor's required record drawings on a monthly basis. In addition to monitoring the Contractor's drawings, CONSULTANT will maintain a copy of the contract plans for the Project. CONSULTANT will ensure that items that may not normally be shown on the Contractor's set of record drawings but are of importance to the CITY and Caltrans are included in the as -built drawings. This information is not necessarily construction related, but is Project related and may be important in future maintenance and/or construction projects. Assumptions: 1. Contract documents will require Contractor to prepare redline as -built drawings to reflect as -built conditions during the course of construction. 2. The CONSULTANT will be responsible for ensuring the contactor maintains red line changes and will be responsible for making redline changes to one complete set of plans. 3. CONSULTANT will assist in answering questions regarding the red line drawings, providing sketches or other clarifications to the design engineers for preparation of final as built record drawings. Deliverable -,- One set of marked up contract drawings. This set will be in addition to the Contractor's marked up set of contract drawings. 5.7 Final Inspection and Punch -list Purpose: To identify elements of construction requiring correction prior to final acceptance by the CITY. Approach: CONSULTANT will perform a project inspection of the completed construction following substantial completion. During the inspection, the CONSULTANT will develop a list of contract work requiring correction or rework. The written list of deficient work (punch -list) will be delivered to the CITY and CONTRACTOR. The final punch -list will include items to be corrected that were identified previously during the course of construction. Assumptions: 1. The CITY will identify any key or other permitting agency (City) personnel to be included in the final inspection. 2. CONSULTANT will contact and schedule all required final inspection. 3. CONSULTANT will prepare the final punch -list. Deliverables: Final punch -list CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 27 FALCON Construction Management Scope of Services Engineering Services 5.8 Final Acceptance — Punch List Assistance Purpose: To provide the CITY with reasonable assurance that the work of the Project has been completed in compliance with the general intent of the contract documents. Approach: CONSULTANT will coordinate a walk-through with the CITY, the Designer, and the Contractor. CONSULTANT, with assistance from the CITY and the Designer will prepare a punch list indicating all deficiencies and/or omissions noted in the walk-through. CONSULTANT will then forward the punch list to the Contractor for correction of the work in accordance with timelines defined in the contract. CONSULTANT, in conjunction with the CITY as necessary, will inspect items on the punch list once the Contractor has notified the CONSULTANT that the work is complete. Completed items on the punch list will be signed off by the CONSULTANT. Upon completion of the punch list work the CONSULTANT will notify the CITY that the work is complete and forward a copy of the completed punch list. Assumptions: CONSULTANT will provide a preliminary punch list of outstanding work items to the Contractor. CONSULTANT will ensure all punch list items are completed prior to requesting a final walk- through from the CITY and the Designer. Deliverables: Completed and signed -off punch -list submitted to the CITY with the closeout documents. 6 —Construction Closeout Activities 6.1 Contract Closeout Purpose: To provide the CITY with final closeout documentation, including any permit completion documentation. Approach: CONSULTANT will turn over all project files, contract correspondence and documents including final logs at time of project completion. Assumptions: CITY will file final Notice of Completion and Acceptance of Work. Deliverables: 1. Notice of Completion form for the CITY. 2. Notices of Completion for any Permits, including "duplicate" permits for Project and documentation showing the NOT has been recorded. 3. Copy of the Contractor's performance bond, good for the warranty period. 4. Final project documentation in accordance with the requirements of the Caltrans local assistance manual and FHWA requirements. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 28 FALCON Construction Management Scope of Services Engineering Services 6.2 Project As -Built Drawings Purpose: To provide the CITY with accurate record drawings indicating all changes and as- built conditions. Approach: In addition to monitoring the Contractor's record drawings, CONSULTANT will maintain a copy of up-to-date contract plans for the purpose of aiding the Designer in final review of the record drawings. Assumptions: 1. The Contractor will be responsible for preparing the record drawings in both reproducible and electronic formats. 2. CONSULTANT will assist the Designer in review and final approval of the as-builtrecord drawings. Deliverable -,- One set of contract drawings indicating recorded changes to the contract, as maintained by CONSULTANT. This set will be in addition to the Contractor's marked up set of contract drawings. Provide one copy of the revised Mylar drawings. The design consultant will prepare the record drawings for the Project. 6.3 Final Project Report Purpose: To provide the CITY with a written history of the construction contract. The contents of the final report are to fulfill federal requirements for federal financial participation. Approach: CONSULTANT will review the project documents and prepare a written report for the CITY. Assumptions: CITY will provide input to CONSULTANT regarding the form of the final report and federal required documents to be included in the report. Deliverables: One hard copy and one electronic file will be provided. 6.4 Final Payment, Final Report of Expenditure Checklist Purpose: To provide the CITY with the final contract cost and final balance due the Contractor. Also prepare Report of Expenditure Checklist for federal reimbursement including all necessary attachments. Approach: Following completion of the contract work, CONSULTANT will, in accordance with the Designer, determine the final quantities and cost of all outstanding unit price work and all outstanding approved change order work. CONSULTANT will prepare for the CITY and the Contractor, a final balancing change order quantifying the final contract amount. Contractor will include amount of final balancing change order in submission of last certified a l2lication for a= v nt submitted to CONSULTANT. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 29 FALCON Engineering Services Construction Management Scope of Services Once approved, CONSULTANT will forward application for payment to the CITY for final approval and processing. Assumptions: 1. There are no outstanding issues or claims. 2. The CITY is responsible for filing Notice of Completion and addressing all subcontractor claims prior to release of final payment. The CITY will file the Report of Expenditure Checklist for federal reimbursement. Deliverables: 1. Final Pay Estimate including finalized bid items, claims, change orders, punch -list items, and corrected shop drawings. 2. Contractor's last certified application for payment with application certificate. 3. Report of Expenditure Checklist with attachments 4. Federal final report including all attachments. 6.5 Audit Support Purpose: To assist CITY during any future audits of the Project. Assumptions: CITY may be audited one or more times following project close-out. The CITY will issue a future task order to pay for support services during any such audits, should they request these services. Deliverables: CONSULTANT will participate in the audit process at the CITY offices and provide any and all documentation from the Project as requested by the auditors, and attend meetings as needed. 7 — Field Office and Emplovee�pment CONSULTANT will have a field office which include furniture, phones, computers, fax machine, Internet services, copying/reproduction machine, file cabinets, and site safety equipment required for field staff to perform their work. CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 30 FALCON Engineering Services Construction Management Scope of Services I Responsibility Matrix 8 —Responsibility Matrix .. WOL610612 0 RUN • mamma , lotReview project baseline schedule provides recommendations and Schedules, ensures efficiency. Advise if a recovery schedule is required to Correspondence Ashraf, Juan overcome delays. Communication ppicoorctinate witn Meet with all utility companies responsible for relocating their Meeting agenda Ashraf, Juan Utility Agencies lines and equipment. minutes Evaluate the Design Engineer's proposed schedule for Construction construction duration and cost. Provide a plan for the Schedule for on- Ashraf, Juan procurement of long -lead items. time completion Review and assist in staging and traffic management plans for Review and Ashraf, Juan compliance with the law and project specifications. monitor plans , Arrange a pre -construction meeting with agencies, contractors, the design engineer, and utility companies and address all Meeting agenda Juan, Scott, concerns. Review contract administrative items. Meetings will and minutes Sarah be conducted principally in person or video conferencing as per request. Administer Project Construction Contracts using Caltrans Conformance to City and ' • Construction Manual, Permit conditions, the City's compliance with Ashraf, Juan, • • standards/permit conditions, State and relevant City procedures, LAPM Chapter 16 Sarah and permits. filing system Conct coordination meetingsCity thnheerson rMeetings will Meeting agenda Juan, Scott, • • • • Caltrans.uct be conducted principally p or and and minutes Sarah • video conferencing as per request. Prepare and implement a Project Management Plan. Project Management Plan Juan Perform & • • Coordinate all required inspections necessary for the Project. Document Juan, Scott,daily on -site Inspectors inspections Prepare Contractor's progress payments and maintain records and Certified Pay Juan, Scott supporting documentation. The City to review and approve. Request Maintained filing system by the City and Caltrans LAPM for Electronic files, Juan, Scott, ' • • • • project documentation. project files/logs Sarah • • Review project schedule, provide recommendations, and ensure Evaluate proposed Juan, Scott, • efficiency. schedule Eric Conduct weekly meetings to discuss schedule, change orders, - Meetings extra work, contract pay item, submittal status, RFI's, safety, Meeting agenda Juan, Sarah deficiencies, cost, project budget, etc. It will be conducted and minutes Cost & Schedu7le principally in person or video conferencing as per request. CITY OF TEMECULA I 1-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 31 FALCON Engineering Services Construction Management Scope of Services I Responsibility Matrix MAN a I CLWKWVJQN79 6 MUM 0 Me �]_Mm !itllcal • 7su�mma�ry,.to Prepare and submit a monthly report, i.e., SWPPP updates, RFIs,issues'D • • _ CCOs, potential claims, construction activities update, theprojectschedule mpact, Juan, Sarah budget and schedule status, highlights, and critical issues. work progress forecast Accurate Juan, • • Review certified payroll records and ensure compliance. documentation Mohammad, Sarah Monitor compliance with the applicable labor laws and contract Verify Payrolls, Juan, .. • • . requirements, such as prevailing wage requirements. Coordinate Employee Mohammad, with the City. Interviews Sarah Assist and review, approve and monitor the Contractor's SWPPP. SWPPP review ' ' ' Review, monitor, document and enforce contractor safety and updates Dion Juan procedures for compliance with laws and regulations. Ensure coordination with the City, Contractor, surveyor, material Ashraf, Juan, • inspector and utility companies, design engineer, US Army Corp Monitor/Track/ Scott, Sarah, • • • • of Engineers, California Department of Fish and Wildlife, cities, Coordinate Inspectors and the public. . • • • Coordinate review of shop drawings and RFI with the designer. Log and track submittal request Juan, Scott • Maintain a log of non -compliant work items. Assist in the Deficiency Log Juan, Sarah implementation and processing of change orders. ' • • Document contractor's daily operations. Provide daily diaries. Daily reports, Juan, ' • • field measure Inspectors Review and approve shoring plans. Review and Scott, Juan • approve • • • Adhere to City procedures, maintain a hard -copy file, and Accurate Juan, Sarah maintain a construction filing system. documentation ' • Review and track all submittals for completeness and Submittal Juan, Scott, • constructability. Issue a weekly statement of working days, Approvals & Log Sarah showing days remaining, rain days, etc. Review, monitor, document, and enforce contractor safety procedures for compliance with laws and regulations. Safety • • requirements, training, certification, the City/OSHA Conduct regular Ashraf, Juan, Requirements, Caltrans Construction Manual, and State of CA safety/tailgate/ Dion, Scott, • ' Construction Safety orders. Implement all new guidelines meetings Inspector • • associated with the COVID-19 Pandemic for personal safety & social distancing. Review the Contractor's red line drawings submitted to the As -Built Redline Juan, Scott, designer. Inspector Continuation of pre -construction activities. Assist in the Permits, Ashraf, Juan coordination and scheduling of utility work. Easements Cost Review Perform claims administration, coordination and monitoring Claims assistance Contractclaims, response preparation, logging claims, and tracking claims and Logs of Ashraf, Juan, iiil�iiwwwwltf status. Review CCOs proposed by the Contractor. Recommend Potential and Scott needed CCOs, and track cash flow for CCOs. Issued CCOs Notifications/form Ashraf, Juan, Coordinate activities and closures with the City, Caltrans, and s Sarah, • • • • CHP submittals/budget Inspectors s CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 32 OUTSOURCED PROJECT SUPPORT Constructio form survey and monitaT3RRC2fTuirements. Establish Survey trol /grade stakes for basic line and grade. Right -of -Way etuate existing monumentation. Final monumentation. Lines / Special 11[ntify the location, which includes drainage, utility, and survey Faterial Sampli vide and monitor material testing, and review geotechnical and Testing orts that conform to Caltrans standards, specifications, and /Geotechnical cial provisions. Quality Assurance Inspect work to ensure compliance with contract documents. / Inspection Reject unacceptable work using Deficiency Log. Observe the work of special inspectors when required. Drone s Photos Project Closeout "As -Built" Drawings Final Walk - Certificate of Completion Monitor, develop, review, and ensure environmental commitment report requirements compliance. Review and enforce requirements stipulated in permits issued by regulatory and environmental agencies. Maintain/update the master Environmental Commitments Record (ECR) for project compliance /audit. Establish an Archaeological Monitoring Area (AMA) and an Environmentally Sensitive Area (ESA) plan. Holding an open house community meeting, a groundbreaking event, a coordinating community meeting, and a ribbon -cutting event. Take pre -construction photos and videotape conditions. qqliFlyer, web page, social media). Daily photos, Drone flights, erial photos and videos. Provide extensive photography, social media, app development, FAA drone laws, and 3D modeling experience. POST CONSTRUCTION Descript Record Restoring, Renewing, resetting Testing Results Daily In Reports, and Def Log Inspection Photo log, L Weekly and Monthly Re Deliverables ence ATTACHMENT NO. 03 — CONSULTANT CONTRACT DBE COMMITMENT Page 31 of 31 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency: City of Temecula 2. Contract DBE Goal: 19% 3. Project Description: 1-15/French Valley Parkway Improvements, Phase II PW 16-01 4. Project Location: Along 1-15 from Winchester Road/1-15 Interchange north of the 1-15/1-215 Junctions 5. Consultant's Name: FALCON Engineering Services, Inc. 6. Prime Certified DBE: ❑ 7. Description of Work, Service, or Materials 8. DBE Certification 9. DBE Contact Information 10. DBE % Supplied Number Arellano Associates, Genoveva Arellano, President Community Outreach 41199 5851 Pine Avenue, Suite A, Chino Hills, CA 91709 1 % 909.627.2974, garellano@arellanoassociates.com CL Surveying, Daniel Calvillo, President Construction Survey 38284 400 East Rincon St. Suite 202, Corona, CA 92879 9% 909.484.4200, Dan@cl-survey.com CIVIC Project Solution, Chrissy Constantino, Preside it Scheduling 50602 11761 Clover Lane, Garden Grove, CA 92841 1 % 877.778.2337, ccostantino(@cmcprojectsolutions.com Skyline Consultants, Maliha Malik, President Roadway/Structure Inspection 50918 2900 Crestview Drive, Norco, CA 92860 8% 951.316.6408, mmalik@skylineconsults.com Local Agency to Complete this Section 17. Local Agency Contract Number: PW16-01 11. TOTAL CLAIMED DBE PARTICIPATION 19 18. Federal -Aid Project Number: INFRALUL-5459(031) 19. Proposed Contract Execution Date: 04/11/2023 20. Consultant's Ranking after Evaluation: 1 IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on regardless of tier. Written confirmation of each listed DBE is this form is complete and accurate. required. ��\ _(Q 03/06/2023 ' ' September 1, 2022 21. Local Agency Representative's Signature 22. Date 12. Preparer's Signature 13. Date Avlin R. Odviar, PE 951-693-3969 MahaFagih (951)768-9419 23. Local Agency Representative's Name 24. Phone 14. Preparer's Name 15. Phone Principal Civil Engineer President 25. Local Agency Representative's Title 16. Preparer's Title DISTRIBUTION: Original — Included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. LPP 18-01 Page 1 of 2 January 2019 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment 1. Local Agency: 3. Project Description: 4. Project Location: EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT City of Temecula 2. Contract DBE Goal 1-15/French Valley Parkway Improvements, Phase II PW 16-01 Along 1-15 from Winchester Road/1-15 Interchange north of the 1-15/1-215 Junctions 19% 5. Consultant's Name: FALCON Engineering Services 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: $8,880,275.70 8. Total Dollar Amount for ALL Subconsultants: $3,812,609.80 9. Total Number of ALL Subconsultants: 11 10. Description of Work, Service, or Materials 11. DBE Certification 12. DBE Contact Information 13. DBE Dollar Supplied Number Amount Arellano Associates, Genoveva Arellano, President Community Outreach 41199 5851 Pine Avenue, Suite A, Chino Hills, CA 91709 $120,000 909.627.2974, arellano arellanoassociates.com CL Surveying, Daniel Calvillo, President Construction Survey 38284 400 East Rincon St. Suite 202, Corona, CA 92879 $800,000 MC Project Solution, Chrissy Constantino, PresidE nt Scheduling 50602 1761 Clover Lane, Garden Grove, CA 92841 $100,000 77.778.2337, ccostantino@cmcprojectsolutions.corn Skyline Consultants, Maliha Malik, President Roadway/Structure Inspection 50918 2900 Crestview Drive, Norco, CA 92860 $744,836.89 Local Agency to Complete this Section gg 1,764,836.89 20. Local Agency Contract PW16-01 Khiml -'' 14. TOTAL CLAIMED DBE PARTICIPATION 21. Federal -Aid Project Number: INFRALUL-5459(031) 22. Contract Execution 04/11 /2023 19 nntP Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. 03/06/2023 �Ir 11/30/2022 23. Loc I Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Avlin R. Odviar, PE 951-693-3969 MahaFagih 951.768.9419 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone Principal Civil Engineer President 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original — Local Agency 2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 Alk c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2023-27 Capital Improvement Program 1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II Circulation Project Project Description: This project includes the design and construction of the two lane northbound collector/distributer road system beginning north of the Winchester Road Interchange on -ramps and ending just north of the 1-15/1-215 junction with connectors to 1-15 and 1-215. Benefit: This project will address and improve traffic circulation in the City's northern area by providing the northbound collector/distributer road system. Core Value: Transportation Mobility and Connectivity Project Status: The environmental re-evaluation and design are estimated to be completed in Fiscal Year2021-22. Department: Public Works - Account No. 210.265.999.726 / PW16-01 Level: I Project Cost: Prior Years Actuals 2021-22 Adjusted 2022-23 Proposed Budget 2023-24 Projected 2024-25 2025-26 Projected Projected 2026-27 Projected Total Project Cost Administration 2,791,745 339,054 300,000 300,000 170,000 3,900,799 Construction 88,950,000 88,950,000 Construction Engineering 1,279 10,899,721 10,901,000 Design & Environmental 18,752,330 716,973 19,469,303 Land Acquisition 9,393,251 6,120,000 15,513,251 Utilities 1,993 1,993 Total Expenditures 1 30,940,599 107,025,748 300,000 300,000 170,000 138,736,346 Source of Funds: CFD 01-02 (Harveston) 1,005,840 1,005,840 DIF-Street Improvements 75,360 75,360 General Fund 4,236,174 4,236,174 INFRA Grant 50,000,000 50,000,000 Measure A 1,627,914 1,627,914 Measure S 454,000 4,807,585 300,000 300,000 170,000 6,031,585 Reimbursements 6,008,000 6,008,000 SAFETEA-LU 1,602,360 1,602,360 STIP-Surface Transportation 47,600,000 47,600,000 Improvement Program TUMF (CETAP/RCTC) 472,841 999,668 1,472,509 TUMF (RCTC) 2,343,000 2,343,000 TUMF (WRCOG) 11,450,112 5,283,492 16,733,604 Total Funding 27,673,241 110,293,105 300,000 300,000 170,000 138,736,346 Future Operating & Maintenance Costs: 85 Alk c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2023-27 Capital Improvement Program 1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II Circulation Project 2022-23 Prior Years 2021-22 Proposed 2023-24 2024-25 2025-26 2026-27 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Total Operating Costs Notes : 1. General Fund Includes Required Contribution match for TUMF (CETAP/RCTC) funds. 2. State Transportation Improvement Program 2014 RCTC Call for projects as approved by the Commission on November 13, 2013 ($10,000,000). 3. TUMF (RCTC)- Regional funding is pursuant to RCTC Agreement No.06-72-048-00 for a total of $7,517,000 ($5,517,000-ROW; $2,000,000-PS&E). $200,000 City Match, Phase I expended $3,174,000-ROW; $2,000,000 PS&E; $200,000 City Match. Phase II expended $2,343,000 ROW. 4. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 06-SW-TEM-1079 for a total of $11,575,000 reduced to $11,451,875 ($975,752-PA&ED; $8,801,875-PS&E; $1,674,248-ROW) for Phase I and Phase 11. 5. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $4,078,000 reduced to $4,043,000 ($108,724 PA&ED;3,934,296 PS&E) for Phase I and Phase 11. 6. TUMF (WRCOG) - TUMF Zone Funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $1,925,000-ROW. No expenditures for Phase I. 7. TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No.17-73-007-00 in the amount of $1,472,509 ($673,562 ROW; $798,947 DESIGN; $106,603 City Match). 86 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 11, 2023 SUBJECT: Adopt Resolution Finding that an Emergency Condition Continues to Exist Within the Meaning of Public Contract Code Sections 20168 and 22050 and Appropriate Additional Funding for Emergency Repairs PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS A NEED TO CONTINUE THE ACTIONS AUTHORIZED BY RESOLUTION NO. 2023-17 DECLARING AN EMERGENCY CONDITION AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES CERTAIN WORK TO BE PERFORMED WITHOUT COMPETITIVE BIDDING PURSUANT TO PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050, AND BY RESOLUTION NOS. 2023-20 AND 2023- 26, FINDING THAT AN EMERGENCY CONDITION CONTINUES TO EXIST, AND TO APPROPRIATE FUNDING FOR EMERGENCY REPAIRS RECOMMENDATION: That the City Council appropriate an additional $50,000 from the General Fund to complete emergency repairs. BACKGROUND: On February 28, 2023, City Council approved the adoption of Resolution No. 2023-17 Declaring an Emergency Condition and Declaring that Public Interest and Necessity Requires Certain Work to be Performed Without Competitive Bidding Pursuant to Public Contract Code Sections 20168 and 22050, due to the extraordinary rain events of February 25 and 26, 2023. On March 14, 2023, City Council approved the adoption of Resolution No. 2023-20 finding that an Emergency Condition Continues to Exist within the meaning of Public Contract Code Sections 20168 and 22050, and to appropriate $200,000 from the General Fund balance to provide funding for emergency repairs along Margarita Road, and Santiago Road because of the extraordinary rain events of February 25 and 26, 2023. On March 28, 2023, City Council approved the adoption of Resolution No. 2023-26 finding that an Emergency Condition Continues to Exist within the meaning of Public Contract Code Sections 20168 and 22050. At the onset of the emergency in February 2023, two locations were identified as needing emergency repairs where storm drains were damaged and/or collapsed and in need of immediate repair due to excessive rain over the weekend of February 25 and 26, 2023. The storm drains located at Margarita Road and Courtney Place, and Santiago Road and Via Valencia were assessed for damages. The Public Works Maintenance Division enlisted our on -call service provider for excavation, backfill and grading services to immediately initiate work necessary to avoid additional damage to the storm drains, and to maintain the roadway, and restore access to the roads for the travelling public. Subsequently, the State of California, including the City of Temecula and the surrounding region has endured record rains over the past few weeks which has caused further flood damage to the City's infrastructure. Due to the most recent rain event the week of March 20-23, 2023, the city has sustained additional damages to include the rockslide along Rainbow Canyon Road, erosion to the downstream side of the low -flow crossing, and damage to a drainage inlet located along East Vallejo, west of La Paz Road, in the Los Ranchitos area. Again, the Public Works Maintenance Division staff, along with on -call contracted service providers were immediately on scene to assess the damages and worked tirelessly through the night to clear debris, silt, and sediment, remediate any flooding concerns, and to reopen roadways as quickly as possible. The combined cost of the initial repairs and maintenance, along with the most recent events, has increased beyond our original estimate of $200,000. We therefore request an additional appropriation of $50,000, for a total of $250,000 to make all the necessary repairs to each identified location as needed. The City's Risk Management Department has included the Rainbow Canyon rockslide, as part of our emergency claim to the County, to potentially recover a portion of the costs incurred for these emergency repairs, if deemed eligible for reimbursement by the State of California Office of Emergency Services (CalOES). The need for the continuing emergency resolution will allow for all work to be performed and completed to safeguard life, health, and property. FISCAL IMPACT: The additional appropriation of $50,000, plus the original $200,000 for a total of $250,000 is anticipated to be sufficient to cover the cost of repairs. ATTACHMENTS: Resolution RESOLUTION NO.2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS A NEED TO CONTINUE THE ACTIONS AUTHORIZED BY RESOLUTION NO. 2023-17 DECLARING AN EMERGENCY CONDITION AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES CERTAIN WORK TO BE PERFORMED WITHOUT COMPETITIVE BIDDING PURSUANT TO PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050, AND BY RESOLUTION NOS. 2023-20 AND 2023-26, FINDING THAT AN EMERGENCY CONDITION CONTINUES TO EXIST, AND TO APPROPRIATE FUNDING FOR EMERGENCY REPAIRS THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, DETERMINES, AND ORDERS AS FOLLOWS: Section 1. On February 28, 2023, City Council approved the adoption of Resolution No. 2023-17 Declaring an Emergency Condition and Declaring that Public Interest and Necessary Requires Certain Work to be Performed Without Competitive Bidding Pursuant to Public Contract Code Sections 20168 and 22050. Section 2. On March 14, 2023, City Council approved the adoption of Resolution No. 2023-20 finding that an Emergency Condition Continues to Exist within the meaning of Public Contract Code Sections 20168 and 22050, and to appropriate $200,000 from the General Fund balance to provide funding for the emergency repairs. Section 3. On March 28, 2023, City Council approved the adoption of Resolution No. 2023-26 finding that an Emergency Condition Continues to Exist within the meaning of Public Contract Code Sections 20168 and 22050. Section 4. In February 2023, two locations were identified as needing emergency repairs where storm drains had been damaged and/or collapsed and in need of immediate repair, located at Margarita Road and Courtney Place, and Santiago Road and Via Valencia. The Public Works Maintenance Division immediately initiated all work necessary to avoid additional damage to the storm drains, and to maintain the roadway, and restore access to the roads for the travelling public. Section 5. Subsequently, due to record rains over the past few weeks the city has sustained additional damages to include the rockslide along Rainbow Canyon Road, erosion to the downstream side of the low -flow crossing, and damage to a drainage inlet located along East Vallejo, west of La Paz Road, in the Los Ranchitos area. Section 6. Cost of the initial repairs and maintenance, along with the most recent events has increased costs beyond the original estimate of $200,000; and therefore request an additional appropriation of $50,000, for a total of $250,000 to make the necessary repairs to each identified location as needed. Section 7. Continued Finding of Emergency — Pursuant to the background and recommendation of the Director of Public Works/City Engineer's Staff Report to the City Council, the City Council hereby finds an emergency continues to exist, and the actions described in Resolution No. 2023-17, and Resolution No's. 2023-20 and 2023-26 are necessary and continue to be necessary to complete all work to make permanent repairs to safeguard life, health, and property. Section 8. The City Council hereby acknowledges that it must approve this resolution by a four -fifths vote of the entire City Council. Section 9. Ratification of Staff Actions to Make Repairs to Storm Drains, Rainbow Canyon Road, Low Flow Crossing, and Drainage Inlet in Los Ranchitos, as appropriate - The City Council hereby ratifies and affirms the actions of the City Manager and City employees and contractors taken so far, and to continue to make repairs or replace portions of the storm drains, to clear debris, silt, and sediment, remediate any flooding concerns, and to reopen roadways and associated rights of way, and any directly related and immediate action required to mitigate the damaged roads, and procurement of the necessary equipment, services, and supplies for those purposes. Section 10. Resolution No. 2023-17 declared that the City Manager agendize and report on the status of the emergency circumstances at each and every regularly scheduled meeting of this Council until either the project is completed, or the Council finds the emergency conditions have ceased. Section 11. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 1 lth day of April, 2023. Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the I Ph day of April, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 10 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 28, 2023 CALL TO ORDER at 7:31 PM: President James Stewart ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart CSD PUBLIC COMMENTS -None CSD CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Alexander. The vote reflected unanimous approval. 12. Approve Action Minutes of March 14, 2023 Recommendation: That the Board of Directors approve the action minutes of March 14, 2023. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:34 PM, the Community Services District meeting was formally adjourned to Tuesday, April 11, 2023 at 4:30 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. James Stewart, President ATTEST: Randi Johl, Secretary [SEAL] Item No. 11 CITY COUNCIL/TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: City Manager/City Council Members Executive Director/Board of Directors FROM: Aaron Adams, City Manager/Executive Director DATE: April 11, 2023 SUBJECT: Approve Deposit Agreement and Initiate Community Facilities District Formation Proceedings Related to the Altair Development PREPARED BY: Jennifer Hennessy, Director of Finance/Treasurer RECOMMENDATION: That the City Council/Board of Directors adopt resolutions entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT AGREEMENT — ALTAIR RESOLUTION NO. TPFA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A PETITION AND DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO — ALTAIR BACKGROUND: The Authority has received a Petition (Including Waivers) (the "Petition") from Temecula West Village LLC, the owner of certain property in the City (the "Owner") requesting that the Board of Directors of the Authority, with the assistance of City Staff and the Authority's and the City's consultants, form the Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair)" (the "CFD"). Furthermore, the Owner has requested in the Petition that the Authority be authorized to issue special tax bonds for the CFD in order to finance various public improvements necessitated by the development of the Property, as well as to fund various municipal services (the "Bonds"). The Property consists of the Altair development, including Riverside County Assessor's Parcel Numbers 940-310-015 through 940- 310-016, 940-310-044 through 940-310-048, 940-310-013, 940-320-001 through 940-320-007, and 922-210-049. It is expected the Property will be transferred later this year to SB Altair, LLC (the "Developer"), who will develop the Property. The Developer has submitted to the Finance Director of the City a check in the amount of $150,000 (the "Deposit"), to be used by the City to pay costs of the City and the Authority to form the CFD and issue the Bonds. Pursuant to a Deposit/Reimbursement Agreement (the "Agreement") to be entered into by the Developer, the City and the Authority, and to be administered by the City, funds advanced by the Developer for CFD costs, including the Deposit, will be reimbursed to the Developer upon the issuance and from proceeds of the Bonds. SPECIFIC ACTIONS: The City Council to consider the adoption of the Resolution approving the Agreement. The Board of Directors to consider the adoption of the Resolution acknowledging receipt of the Petition and Deposit and authorize actions necessary to implement the Agreement. The passage of these Resolutions does not obligate the City Council or Board of Directors to form the CFD. FISCAL IMPACT: The City has received an initial $150,000 deposit from the Developer; these funds will be expended in accordance with the Deposit/Reimbursement Agreement. Provisions in the Deposit/Reimbursement Agreement require the Developer to deposit additional funds as necessary to cover all costs of formation. There is no Fiscal Impact to the Authority or the City. ATTACHMENTS: 1. City Council Resolution 2. TPFA Resolution 3. Petition 4. Deposit/Reimbursement Agreement RESOLUTION NO.2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/ REIMBURSEMENT AGREEMENT — ALTAIR THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. SB Altair, LLC (the "Developer") has submitted to the Finance Director of the City of Temecula (the "City") a check in the amount of $150,000 (the "Deposit"), to be used by the City to pay costs of the City and the Temecula Public Financing Authority (the "Authority") in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair)" (the "CFD"). Section 2. There has also been submitted a Deposit/Reimbursement Agreement (the "Agreement"), to be entered into by the Developer, the City and the Authority (for itself and on behalf of the proposed CFD), and the City now desires to enter into the Agreement with the Authority and the Developer in order to assist with the formation of the CFD by the Authority. Section 3. The City Council hereby approves and authorizes the City Manager to execute and deliver the Agreement, in the form on file with the City Clerk and to take all actions on his part necessary to implement the Agreement. The Director of Finance is hereby authorized and directed to accept the Deposit and to use the Deposit (and any subsequent Deposits, as defined in the Agreement) in the manner contemplated by the Agreement. Section 4. The Mayor, City Manager, Director of Finance, City Clerk and all other officers of the City are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the implementation of the Agreement, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of April, 2023. Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the I Ith day of April, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO. TPFA 2023- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A PETITION AND DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO — ALTAIR THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Temecula West Village LLC, the owner of certain property in the City of Temecula (the "City") has submitted to the Board of Directors of the Authority a Petition (Including Waivers) (the "Petition") requesting the formation by the Temecula Public Finance Authority (the "Authority") of a community facilities district to include the property identified therein, and SB Altair, LLC (the "Developer"), the expected transferee of the property identified in the Petition has submitted to the Finance Director of the City a check in the amount of $150,000 (the "Deposit") to be used by the City to pay costs of the City and the Authority, all in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair)" (the "CFD"). Section 2. There has also been submitted a Deposit/Reimbursement Agreement (the "Agreement"), to be entered into by the Developer, the City and the Authority (for itself and on behalf of the CFD), and this Board of Directors now desires to direct the Finance Director of the City to accept the money to be advanced by the Developer, to authorize the execution and delivery by the Authority of the Agreement, to employ certain consultants necessary for the formation of the CFD, and to authorize and direct Authority staff to take actions necessary to present to this Board of Directors for approval the documents necessary to form the CFD. Section 3. The Petition is hereby accepted. The Finance Director of the City is hereby requested to accept the Deposit and any future advances by the Developer pursuant to the Agreement (collectively, the "Deposits"), and to use the Deposits in the manner contemplated by the Agreement. The Executive Director of the Authority is hereby authorized and directed to execute the Agreement for and on behalf of the Authority, and to take all actions necessary, in his discretion, to implement the Agreement. Section 4. City staff, acting for and on behalf of the Authority, are hereby requested to take all actions necessary or advisable to present to the Board of Directors for its review and approval all proceedings necessary to create the CFD. The passage of this Resolution shall in no way obligate this Board of Directors to form the CFD. Section 5. The firm of Webb Municipal Finance, LLC is hereby designated as Special Tax Consultant to the Authority for the CFD, the firm of Fieldman Rolapp & Associates, Inc. is hereby designated as municipal advisor to the Authority for the CFD, the firm of Empire Economics is hereby designated as price point consultant for the CFD and the firm of Quint & Thimmig LLP is hereby designated as Formation Counsel to the Authority for the CFD. The Executive Director is hereby authorized and directed to execute agreements with said firms for their services in connection with the CFD and any bonds issued for the CFD, in the respective forms filed with the Finance Director of the City. In any event, the fees and expenses of such consultants shall be payable solely from Deposits (as defined in the Agreement). Section 6. The Executive Director, Treasurer, Secretary, legal counsel to the Authority, and all other officers and agents of the Authority are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 1 lth day of April, 2023. Zak Schwank, 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 Resolution No. TPFA 2023- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 1 lth day of April, 2023, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary Quint & Thimmig LLP 3/28/23 PETITION (Including Waivers) To Create a Community Facilities District and With Respect to Related Matters To the Board of Directors of the Temecula Public Financing Authority 41000 Main Street Temecula, California 92589-9033 Dear Directors: This is a petition to create a community facilities district, and with respect to related matters, under Sections 53311 and following of the California Government Code (the "Act"), and the undersigned hereby states as follows: 1. Petitioner. This petition is submitted by the entity identified below (the "Petitioner") as the owner of the parcels of land identified below (the "Land"). By submitting this petition, the Petitioner represents to the Temecula Public Financing Authority (the "Authority") that it is the sole owner of the Land, and that the person executing this Petition is authorized to execute it for the Petitioner. 2. Proceedings Requested. The Petitioner hereby asks that the Board of Directors of the Authority undertake proceedings under the Act to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair)" (the "CFD"), to levy special taxes in the CID and to authorize special tax bonds for the CID in an amount of not to exceed $75,000,000. 3. Boundaries of CID. The Petitioner hereby asks that the territory to be included within the boundaries of the CID include the Land. 4. Purpose of CID. The Petitioner hereby asks that the CFD be created, the special taxes be levied and the bonds be issued (a) to finance costs of the public improvements identified as the "Facilities" on Exhibit A hereto, and (b) to finance other costs of issuing the special tax bonds and of providing a reserve fund for the bonds. It is also expected that special taxes will be levied to fund an annual wildlife conservation fee and costs of certain municipal services identified on Exhibit A. 5. Election. The Petitioner hereby asks that the special election to be held under the Act to authorize the levy of the special taxes and the issuance of the bonds and to establish an appropriations limit for the CID be consolidated into a single election and that the election be conducted by the Authority and its officials, using mailed or hand -delivered ballots and that such ballots be opened and canvassed and the results certified at the same meeting of the Board of Directors of the Authority as the meeting at which the public hearings on the CID under the Act are to be held, or as soon thereafter as possible. 20009.23:J18864 6. Waivers. To expedite the completion of the proceedings for the formation of the CFD, the Petitioner hereby waives all notices of hearings and all notices of election, applicable waiting periods under the Act for the election and all ballot analysis and arguments for the election. The Petitioner also waives (a) any requirement as to the specific form of the ballot to be used for the election, whether under the California Elections Code or otherwise, and (b) any notice with respect to the special taxes to be levied on property in the CFD otherwise required by California Government Code Section 54930. Notwithstanding the foregoing, please be advised that the Petitioner may transfer the Land to another entity prior to the election. This Petition is dated April J 2023. The property that is the subject of this Petition is identified as the Riverside County Assessor Parcel Nos.: 940-310-015 940-320-001 940-310-016 940-320-002 940-310-044 940-320-003 940-310-045 940-320-004 940-310-046 940-320-005 940-310-047 940-320-006 940-310-048 940-320-007 940-310-013 922-210-049 TEMECULA WEST VILLAGE LLC, a Delaware limited liability company By: SCHF (M) ECI, L.P., its sole member By: SCHF (GPE), LLC, its general partner By: _ Name: Title: Managing Member -2- EXHIBIT A DESCRIPTION OF FACILITIES AND MUNICIPAL SERVICES TO BE FUNDED BY THE CFD FACILITIES It is proposed that the CFD be eligible to finance all or a portion of the costs of the following facilities: The acquisition and construction of: streets (including paving, aggregate base, striping and traffic marking, sidewalks, curbs, gutters and driveways), and traffic signals within and in the vicinity of the CFD; stormwater drainage systems (including storm drain lines, inlets, outlets, channels, structures, junctions, manholes, catch basins and related dewatering); street light improvements (including light fixtures, substructures, conduits and service points of connection); and street signage (including traffic, stop and street name signs). The foregoing are to include the acquisition of any related right-of-way and other land needed for the installation of any such improvements, demolition of existing structures and site leveling needed for the installation of any such improvements, erosion control, and other appurtenances. • Landscaping improvements in the public right of way, including related appurtenances. • Amenities for parks located within and in the vicinity of the CFD. • Capital improvements included in the City of Temecula's adopted Capital Improvement Program. • Sewer system improvements to be designated by the Eastern Municipal Water District. • Water system improvements to be designated by the Rancho California Water District. The Facilities include the acquisition of right-of-way, the costs of design, engineering and planning, the costs of any environmental or traffic studies, surveys or other reports, the cost of any required environmental mitigation and any required noise mitigation measures, landscaping and irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing. CONSERVATION FEE It is proposed that the CFD be eligible to fund the Annual Wildlife Conservation Fee, as defined and more particularly identified in Section 4.4.5(v) of the Development Agreement, entered into as of January 9, 2018, between City of Temecula and Temecula West Village, LLC, subsequently assigned to SB Altair, LLC. A-1 MUNICIPAL SERVICES It is proposed that the CFD be eligible to fund all or a portion of the costs of the following municipal services: • Public safety services, including police, fire protection and suppression services, and ambulance and paramedic services. • Maintenance of landscaping in public areas, public easements and public right of way in or near the area of the CFD, such maintenance to include but not be limited to maintenance of planting areas, trees, bioretention filters, multipurpose trails, and the furnishing of water for irrigation. • Maintenance of public signage in or near the CFD. • Maintenance of storm protection and drainage systems within or serving the area of the CFD, and including storm drain pipes, culverts, detention/desilting basins, manholes, catch basins and drop inlets, cleanout of storm drains and catch basin cleaning and inspection. • Maintenance of sidewalks, streets and roadways within or in the vicinity of the area of the CFD, and including slurry, overlay, curbs and gutters, curb ramps, striping and street sweeping. • Maintenance of street lighting located within or in the vicinity of the CFD, and including but not limited to street lights, decorative lighting and pull box assemblies. • Maintenance of traffic signals, and traffic interconnection and video surveillance systems, within and in the vicinity of the CFD, and including but not limited to electrical, LED replacement, maintenance and replacement. • Graffiti removal from public improvements within and in the area of the CFD. • Maintenance and lighting of parks, parkways and open space. • Maintenance of water and sewer systems with an estimated useful life of five or more years and serving the area in or in the general area of the District and owned by the Temecula Public Financing Authority, the City of Temecula or by another local agency pursuant to a joint community facilities agreement or a joint exercise of powers agreement adopted pursuant to Section 53316.2 of the California Government Code. The CFD may fund any of the following related to the services described above: the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the improvements, including repair, removal or replacement of all or part of any of the improvements, the furnishing of water for the irrigation and the furnishing of electric current or energy, for any lights or irrigation facilities, obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and / or equipment, apparatus, facilities or fixtures in areas to be maintained, obtaining supplies or appurtenant facilities necessary for such maintenance, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses. The CFD may also provide for the reimbursement to the City of Temecula to the extent that the City of Temecula advances funds to pay for any of the foregoing services, and may fund reserves for repairs and replacements and for future expected costs of services. It A-2 is expected that the services will be provided by the City of Temecula, either with its own employees or by contract with third parties, or any combination thereof. The services to be financed by the CFD shall be in addition to those provided in the territory of the CFD before the date of creation of the CFD, and will not supplant services already available within that territory when the CFD is created. ADMINISTRATIVE EXPENSES The administrative expenses to be financed by the CFD include the direct and indirect expenses incurred by the Authority and the City in carrying out their respective duties with respect to the CFD (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the County of Riverside related to the CFD or the collection of special taxes, an allocable share of the salaries of the Authority and City staff directly related thereto and a proportionate amount of the Authority's and the City's general administrative overhead related thereto, any amounts paid by the Authority and the City from its respective general fund with respect to the CFD or the facilities, conservation fee and services authorized to be financed by the CFD, and expenses incurred by the Authority and the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the Authority and City in any way related to the CFD. OTHER The CFD may also finance any of the following: 1. Bond related expenses, including underwriters discount, appraisal and price point study costs, reserve fund, capitalized interest, bond and disclosure counsel fees and expenses, landowner counsel fees and expenses, and all other incidental expenses related to any special tax bonds (the "Bonds") issued for the CFD. 2. Administrative fees of the Bond trustee or fiscal agent related to the CFD and the Bonds. 3. Reimbursement of costs related to the formation of the CFD advanced by the Authority, the City of Temecula, any landowner in the CFD, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the Authority, the City of Temecula, any landowner in the CFD or any party related to any of the foregoing, for facilities, conservation fees, services or other purposes or costs of the CFD. A-3 Quint & Thimmig LLP 3/28/23 DEPOSIT/REIMBURSEMENT AGREEMENT Proposed Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair) THIS DEPOSIT/REIMBURSEMENT AGREEMENT (the "Agreement") is by and among the City of Temecula, California (the "City"), the Temecula Public Financing Authority (the "Authority") for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair) (the "CFD"), and SB Altair, LLC, a Delaware limited liability company (the "Developer"). RECITALS: WHEREAS, the Developer has advised the City and the Authority that it plans to acquire and develop property that is subject to a Development Agreement, entered into as of January 9, 2018, between the City and Temecula West Village, LLC ("TWV"), subsequently assigned by TWV to the Developer (the "Property"); and WHEREAS, the Developer has requested that the Board of Directors of the Authority, with the assistance of City Staff and the Authority's and the City's consultants, form the CFD under the provisions of Sections 53311 et. seq. of the California Government Code (the "Act") to include the Property and that the Authority issue special tax bonds for the CFD in order to finance various public improvements necessitated by the development of the Property and otherwise authorized to be funded pursuant to the Act, as well as to fund an annual wildlife conservation fee and various municipal services, all as to be more fully specified in the proceedings of the Board of Directors of the Authority to form the CFD; and WHEREAS, the Developer is willing to deposit funds with the Authority to ensure payment of the costs of the Authority and the City in forming the CFD and issuing special tax bonds for the CFD (the "Bonds"), provided that such funds are eligible to be reimbursed to the Developer from the proceeds of the Bonds when and if the Bonds are issued by the Authority for the CFD, all to the extent provided herein; and WHEREAS, the Authority, the City and the Developer now desire to specify the terms of said deposit and reimbursement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth herein, and for other consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. The Deposit: Additional Advances. The Developer hereby agrees to provide to the City, in the form of a check made payable to the "City of Temecula, California" $150,000.00 (the "Deposit"), to be used by the City to pay the costs in conducting proceedings 20009.23:J 18862 for the formation of the CFD and, once the CFD is formed, the possible issuance of the Bonds (as more fully described in Section 2(a) below, the "Initial Costs"), said check to be delivered by the Developer to the Finance Director of the City. The City, by its execution hereof, acknowledges receipt by the City of the Deposit. The check representing the Deposit will be cashed by the City, and the Deposit may be commingled with other funds of the City for purposes of investment and safekeeping, but the City shall at all times maintain records as to the expenditure of the Deposit. The Developer hereby agrees to advance any additional amounts necessary to pay any Initial Costs incurred by the City or the Authority, in excess of the amount of the Deposit, promptly upon written demand therefore by the Finance Director of the City stating that the then unspent and uncommitted balance of the Deposit is less than $10,000 (the "Additional Deposits" and, collectively with the Deposit, the "Deposits"). In the event that the Developer shall fail to remit the full amount of any such demand for additional amounts to the Finance Director of the City within ten (10) days of such a written demand, the City Manager may, in his sole and absolute discretion, direct City and Authority staff and consultants to cease all work related to the formation of CFD and the possible future issuance of the Bonds until the full amount of any additional amounts so demanded has been received by the City. Section 2. Use of Funds. The Deposits shall be administered as follows: (a) The Finance Director of the City may draw upon the Deposits from time to time to pay the Initial Costs, including but not limited to: (i) the fees and expenses of any consultants to the City or the Authority employed in connection with the formation of the CFD, the issuance of the Bonds and the proposed expenditure of the proceeds of the Bonds to finance public improvements (such as legal counsel, including the City Attorney and Bond Counsel, and municipal advisor and special tax consultants); (ii) the costs of any price point study, market absorption study, an appraisal and other reports necessary or deemed advisable by City staff or consultants in connection with the Bonds; (iii) costs of publication of notices, preparation and mailing of ballots and other costs related to any election with respect to the formation of the CFD, the rate and method of apportionment of the special taxes to be levied therein and any bonded indebtedness thereof; (iv) a reasonable charge for City staff time, as determined by the City Manager in his sole discretion, in analyzing and participating in the formation of the CFD, the issuance of the Bonds and the expenditure of the proceeds thereof, including a reasonable allocation of City overhead expense related thereto; and (v) any and all other actual costs and expenses incurred by the City or the Authority with respect to the formation of the CFD or the issuance of the Bonds after the date of execution of this Agreement. (b) If the CFD is successfully formed and the Bonds are issued under the Act by the Authority secured by special taxes levied upon the Property, the Authority shall provide for reimbursement to the Developer, without interest, of all amounts charged against the Deposits, said reimbursement to be made to the Developer solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act. On or within ten (10) business days after the date of issuance and delivery of any Bonds, the Finance Director of the City shall return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above, but have not yet been so paid. (c) If the CFD is not successfully formed and/or the Bonds are not issued, the Finance Director of the City shall, within ten (10) business days after adoption of a resolution stating the -2- intent of the Authority to terminate proceedings under the Act with respect to the formation of the CFD and/or the issuance of the Bonds, return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above but have not yet been so paid. Section 3. Reimbursement of Other Developer Costs. Nothing contained herein shall prohibit reimbursement of other costs and expenses of the Developer incurred in connection with the formation of the CFD and the issuance of the Bonds, from the proceeds of the Bonds, including, but not limited to fees and expenses of its legal counsel and any special tax or other consultant expenses incurred by it. Any such reimbursement shall be made solely from the proceeds of the Bonds, when and if issued, and only to the extent otherwise permitted under the Act and otherwise provided for, at the reasonable discretion of the Authority, in the proceedings for the issuance of the Bonds. Section 4. Agreement Not Debt or Liability of City or Authority. It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City or the Authority, as provided in Section 53314.9(b) of the Act. Neither the City nor the Authority shall in any event be liable hereunder other than to return the unexpended and uncommitted portions of the Deposits as provided in Section 2 above and provide an accounting under Section 7 below. Neither the City nor the Authority shall be obligated to advance any of their own funds with respect to the formation of the CFD, or the issuance of any Bonds or the expenditures of the proceeds thereof, or for any of the other purposes listed in Section 2(a) hereof. No member of the City Council, the Board of Directors of the Authority or officer, employee or agent of the City or the Authority shall to any extent be personally liable hereunder. Section 5. No Obligation to Form the CFD or to Issue the Bonds. The provisions of this Agreement shall in no way obligate the City or the Authority to form the CFD, to issue any Bonds, or to expend any of their own funds in connection with the formation of the CFD, or the issuance or expenditure of the proceeds of any Bonds. The Developer acknowledges that the formation of the CFD and the authority to issue the Bonds are subject to public hearings and a vote of the owner of the Property. Section 6. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. Section 7. Accounting. The City Finance Director shall provide the Developer with a written accounting of proceeds of the Deposits expended pursuant to this Agreement, within ten (10) business days of receipt by the Finance Director of the City of a written request therefore submitted by the Developer. No more than one accounting will be provided in any calendar month and the cost of providing the accounting shall be charged to the Deposits. Section 8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Section 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. -3- IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature line below. Executed on: Executed on: Executed on: 20009.18:J 16728 DEVELOPER: SB ALTAIR, LLC, , 2023 a Delaware limited liability company , 2023 2023 By: Brookfield Temecula, LLC, a Delaware limited liability company, its Operations Manager By: _ Name: Its: CITY: CITY OF TEMECULA 0 Aaron Adams, City Manager AUTHORITY: TEMECULA PUBLIC FINANCING AUTHORITY, for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District 23-01 (Altair) in Aaron Adams, Executive Director [Signature page to Deposit/Reimbursement Agreement for Community Facilities District 23-011 -4- REQUESTS TO SPEAK REQUEST TO SPEAK CITY OF TEMECULA �j Date: 2- Public Comment: Non -Agenda Item: Agenda Item: ❑ Future Agenda Item: Item Description or Item No. aCJ 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 rp for 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: [%/OGr/e// 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: Public Comment: Non -Agenda Item: Agenda Item: Future Agenda Item: , Item Description or Item No le - 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.. (\ i i (\ , , _ _ , . . Name Add re Email If you are representing an organization or group, please give the name:— 1 Avt� I I Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. F, aa REQUEST TO SPEAK CITY OF TEMECULA i� Date: Public Comment: Non -Agenda Item: Agenda Item: ❑ Future Agenda Item: 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: ' �- / Phone Number: � Address G,o , cl� yo 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 Item Description or Item No. REQUEST TO SPEAK CITY OF TEMECULA l Date: Agenda Item. ❑ Future Agenda Item. /❑ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for 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 rior 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: n-_�1.� 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: Public Comment: Non -Agenda Item: Agenda Item: Ll Future Agenda Item: L Item Description or Item No. L-101 _/'w Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for 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 spea er is called to speak, please come forward to the podium and state your name for the record. Name. — Phone Number Address Email address: If you are representing an organization or group, please give the na � 61,21-1 r 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 Date: l ` Agenda Item: Future Agenda Item: ❑ !"/ S 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 rec d�� Name: �� `� 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.