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091311 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET SEPTEMBER 13, 2011 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. Next in Order: Ordinance: 11-07 Resolution: 11-61 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Susan Miyamoto Invocation: Pastor Chris Nesbitt of True Vine Pentecostal Church Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS/PROCLAMATIONS Constitution Week Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. There is a five-minute time limit for each speaker. 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, 10 minutes will be devoted to these reports. 1 CONSENT CALENDAR NOTICE TO THE PUBLIC 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. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of August 23, 2011. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of July 31, 2011 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of July 31, 2011. 5 Award a Construction Contract for the Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek for Chaparral High School and City Trail System — Project No. PW05-11 RECOMMENDATION: 5.1 Award a construction contract for the Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System — Project No. PW05-11 to Bowcon Company, Inc. in the amount of $601,768.12; 5.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $60,176.81 which is equal to 10% of the contract amount; 2 5.3 Authorize the payment of the Multi Species Habitat Conservation Plan (MSHCP) fees to the Regional Conservation Authority (RCA), based on the current fee schedule for fiscal year 2011-12, in an amount not to exceed $10,000. 6 Award of a Construction Contract for the Community Recreation Center (CRC) Energy Management and Retrofit — Project No. PVV11-05 RECOMMENDATION: 6.1 Award the construction contract for the CRC Energy Management and Retrofit — Project No. PW11-05, to Golden Arrow Engineering, Inc., inclusive of the base bid and additive bid 1 parts B & C, in the amount of $342,000 and accept parts D & E unit prices only; 6.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $34,200, which is equal to 10% of the contract amount; 6.3 Authorize the transfer of $31,200 from the Energy Efficiency and Conservation Block Grant (EECBG) account number 131-199-999-5250 to the CRC Energy Management and Retrofit account number 210-190-152-5804; 6.4 Authorize the transfer of $30,982 from City Facilities Rehabilitation account number 210-165-701-5804 to the CRC Energy Management and Retrofit account number 210-190-152-5804; 6.5 Make a finding that the CRC Energy Management and Retrofit Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 7 Approval of Purchase and Sale Agreement and Escrow Instructions for acquisition of property rights from Scott Travers (APN 921-480-019) as needed for the proposed Murrieta Creek Bridqe and Overland Drive Extension — Project No. PW00-26 RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND SCOTT TRAVERS IN CONNECTION WITH THE MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD — PROJECT NUMBER PW00-26 3 8 Acceptance of Improvements and Notice of Completion for Traffic Signal Installation; Rancho California Road at Yukon Road/Asteroid Way — Project No. PW09-07 RECOMMENDATION: 8.1 Accept the construction of the Traffic Signal Installation; Rancho California Road at Yukon Road/Asteroid Way — Project No. PW09-07, as complete; 8.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 8.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 9 Acceptance of Improvements and Notice of Completion for the Citywide Concrete Repairs FY 2009-10 — Project No. PW10-02 RECOMMENDATION: 9.1 Accept the construction of the Citywide Concrete Repairs FY 2009-10 — Project No. PW 10-02, as complete; 9.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 9.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 10 French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements Project, Phase II, Design Agreement, T.Y. Lin International — Project No. PW02-11 RECOMMENDATION: 10.1 Approve an agreement with T.Y. Lin International in an amount not to exceed $10,920,000 to prepare the construction plans, specifications, and estimate for the French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements Project, Phase II, and authorize the Mayor to execute the agreement; 10.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $1,000,000, which is approximately 9% of the agreement amount. 4 11 Approve the Sponsorship Agreement for the 2011 Temecula Fall Rod Run RECOMMENDATION: Approve the Event Sponsorship Agreement for city -support costs in amount up to $59,561.64 for the 2011 Temecula Fall Rod Run and authorize the Mayor to execute the agreement. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ****************** 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 11-01 Resolution: No. CSD 11-10 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Board of Directors addressing that item. There is a five-minute time limit for each speaker. CSD CONSENT CALENDAR 12 Action Minutes RECOMMENDATION: 12.1 Approve the action minutes of August 23, 2011. 13 Veteran's Park Easements RECOMMENDATION: 13.1 Approve an agreement with Time Warner NY Cable, LLC that grants two (2) new permanent easements and one temporary construction easement within Veteran's Park in exchange for the payment of $18,831, which is the easements' appraised value. 14 Acceptance of Improvements and Notice of Completion for Redhawk Park Improvements — Project No. PW06-06/CSD08-004 RECOMMENDATION: 14.1 Accept the construction of the Redhawk Park Improvements — Project No. PW06-06/CSD08-004, as complete; 6 14.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 14.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, September 27, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 7 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 11-01 Resolution: No. RDA 11-09 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar RDA PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Agency Members on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Agency Members on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Agency Members addressing that item. There is a five-minute time limit for each speaker. RDA CONSENT CALENDAR 15 Action Minutes RECOMMENDATION: 15.1 Approve the action minutes of August 23, 2011. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, September 27, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 8 TEMECULA HOUSING AUTHORITY MEETING - no meeting TEMECULA PUBLIC FINANCING AUTHORITY MEETING - no meeting RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 16 Employment Agreement for City Manager Designate Bob Johnson RECOMMENDATION: 16.1 Approve the "City Manager Employment Agreement between Robert Johnson and City of Temecula" effective on January 1, 2012 and authorize the Mayor to execute the Agreement on behalf of the City in substantially the form presented to the Council. 17 School Area Traffic Safety (At the Request of Mayor Pro Tem Washington) RECOMMENDATION: 17.1 Receive and file the report. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, September 27, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NONCE TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (41000 Main Street, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the packet may as well be accessed on the City's website — www.cityoftemecula.orq Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at the Civic Center (41000 Main Street, Temecula — 8:00 — 5:00 PM). In addition, such material will be made available on the City's web — www.citvoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department — 951-694-6444. 10 PRESENTATIONS The City of Ti PROCLAMA WHEREAS, it is the privilege and duty of the American people of the drafting of the Constitution of the United States of America with ap WHEREAS, the Constitution of the United States of America, the government in a Republic dedicated to rule by law; and WHEREAS, September 17, 2011 marks the two hundred twenty United States of America by Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition 1 and to the patriotic celebrations which will commemorate it; and WHEREAS, Public Law 915 guarantees the issuing of a proclamat designating September 17 through September 23, as Constitution Week. NOW, THEREFORE, I, Ron Roberts, on behalf of the City Cou through September 23, 2011, to be "Constitution and ask our citizens to reaffirm the ideals the framers of the Constitu through this guardian of our liberties, remembering that lost rights may ne I• CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET AUGUST 23, 2011 — 7:00 PM 6:00 P.M. — The City Council/Temecula Redevelopment Agency will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a plaintiff. The title of the litigation is City of Temecula, et. al. v. Tovey/Shultz Construction, Inc., et. at, Riverside County Superior Court Case No. RIC 541908 (Old Town Community Theater construction litigation). 2) Conference with City Council's designated representatives, Mayor, Mayor pro Tem and City Attorney, regarding salary, compensation, and benefits, and to provide instruction to its designated representatives concerning these matters, for the unrepresented position of City Manager --Nominee pursuant to the authority of Government Code Section 54957.6. The City Council will consider and discuss these matters in a public meeting before taking any action on the approval of salary, compensation and benefits for this unrepresented position. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:00 P.M., Mayor Roberts called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Roberts Prelude Music: Shanti Ryle Invocation: Rabbi Barry Ulrych of Congregation B'nai Chaim of Murrieta Flag Salute: Council Member Washington ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts Absent: Comerchero Action Minutes1082311 1 PUBLIC COMMENTS Fred Bartz addressed the City Council Members. CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes — Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 2.1 Approve the action minutes of August 9, 2011. 3 List of Demands — Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Edward Byrne Memorial Justice Assistance Grant - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 4.1 Approve the Edward Byrne Memorial Justice Assistance Grant Application for a proposed amount of $14,639. Action Minutes1082311 2 5 All -Way Stop Control — Old Town Front Street at Third Street and Mercedes Street at Sixth Street - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 11-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING ALL -WAY STOP CONTROLS AT THE INTERSECTION OF OLD TOWN FRONT STREET AT THIRD STREET AND MERCEDES STREET AT SIXTH STREET 6 Approval of the Second Amendment to the Professional Engineering Services Agreement with Hall & Foreman, Inc. for the Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect — Project No. PW08-04 - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 6.1 Approve the Second Amendment to the Professional Engineering Services Agreement with Hall & Forman, Inc. in an amount not to exceed $93,250 for additional services necessary to complete the construction plans, specifications, and estimate for the Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect — Project No. PW08-04, and to extend the term of the Agreement through June 30, 2012. 7 Temporary Street Closures for September 2011 Special Events - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 7.1 Receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following September 2011 Special Events: `COMMUNITY HEALTH & WELLNESS FAIR' `STEVE MILLER ROCK SYMPHONY CONCERT' Action Minutes1082311 3 8 City Letter of Support for Legislation concerning proposed Liberty Quarry Project (AB 742) - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 8.1 Receive and file. At 7:13 P.M., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, the Temecula Public Financing Authority, and the Temecula Public Financing Authority. At 7:15 P.M., the City Council resumed with regular business. PULIC HEARING 16 Issuance of Tax -Exempt Private Activity Bonds by the California Statewide Communities Development Authority (CSDA) for the purpose of constructing a 45 unit multi -family affordable housing development to be located at 28673, 28681, and 28701 Pujol Street - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 11-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ISSUANCE OF TAX-EXEMPT PRIVATE ACTIVITY BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE CONSTRUCTION OF PORTOLA TERRACE APARTMENTS CITY COUNCIL BUSINESS 17 Second Reading of Ordinance No. 11-06 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 17.1 Adopt an ordinance entitled: Action Minutes1082311 4 ORDINANCE NO. 11-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 17.2 Certify PERS Form CON -5, Certification of Final Action of Governing Body. CITY COUNCIL BUSINESS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson reported that with regard to Closed Session Item No. 1, the City Council, by a 4-0 vote, approved the global settlement and agreement and release between the City, the defendants, and the cross defendants in this case. The City will receive the sum of $3,425,000 from 21 defendants and cross defendants in settlement of the City's claims of construction defects of the Old Town Community Theater. The settlement will enable the City to correct these defects and request its costs. With regard to Closed Session Item No. 2, City Attorney Thorson advised that there was no reportable action. ADJOURNMENT At 7:25 P.M., the City Council meeting was formally adjourned to Tuesday, September 13, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes1082311 5 Item No. 3 Approvals City Attorney Director of Finance City ManagerOCL ffile-r. fie. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: September 13, 2011 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Shafe, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- 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: Resolution List of Demands RESOLUTION NO. 11- 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 $4,901,365.80 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 13th day of August, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of September, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 08/18/2011 TOTAL CHECK RUN $ 582,110.29 08/25/2011 TOTAL CHECK RUN 256,877.87 09/01/2011 TOTAL CHECK RUN 3,217,278.61 08/18/2011 TOTAL PAYROLL RUN: 427,114.13 09/01/2011 TOTAL PAYROLL RUN: 417,984.90 TOTAL LIST OF DEMANDS FOR 09/13/2011 COUNCIL MEETING: $ 4,901,365.80 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 2,151,791.97 130 RECOVERY ACT JAG FUNDING 165.19 165 AFFORDABLE HOUSING 30,945.85 190 TEMECULA COMMUNITY SERVICES DISTRICT 362,496.73 192 TCSD SERVICE LEVEL B 82,644.29 194 TCSD SERVICE LEVEL D 12,878.31 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 8,259.82 197 TEMECULA LIBRARY FUND 19,852.93 210 CAPITAL IMPROVEMENT PROJECTS FUND 136,027.18 280 REDEVELOPMENT AGENCY - CIP PROJECT 15,735.50 300 INSURANCE FUND 1,927.76 320 INFORMATION TECHNOLOGY 82,451.19 330 SUPPORT SERVICES 17,551.51 340 FACILITIES 76,213.41 370 CITY 2008 COP'S DEBT SERVICE 1,018,918.76 375 SUMMER YOUTH EMPLOYMENT PROGRAM 309.01 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 759.00 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 901.75 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 367.51 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 242.24 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,319.47 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 819.67 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 607.90 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 4,672.53 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 132.87 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 1,056.19 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 68.62 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 4,561.93 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 366.17 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 605.65 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 516.76 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 1,092.32 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 190.35 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 3,474.88 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 409.17 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 7,470.54 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 1,046.23 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 114.53 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 123.22 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 771.92 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 712.91 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 120.34 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 316.54 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 867.79 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 9.71 700 CERBT CALIFORNIA EE RETIREE-GASB45 4,378.65 $ 4,056,266.77 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 468,389.22 165 AFFORDABLE HOUSING 16,859.04 190 TEMECULA COMMUNITY SERVICES DISTRICT 226,601.83 192 TCSD SERVICE LEVEL B 770.24 194 TCSD SERVICE LEVEL D 3,198.25 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 2,104.62 197 TEMECULA LIBRARY FUND 2,487.35 280 REDEVELOPMENT AGENCY - CIP PROJECT 13,229.48 300 INSURANCE FUND 2,676.85 320 INFORMATION TECHNOLOGY 46,697.82 330 SUPPORT SERVICES 11,833.07 340 FACILITIES 23,009.91 375 SUMMER YOUTH EMPLOYMENT PROGRAM 1,643.58 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 175.37 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 117.54 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 139.31 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 25.53 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 282.94 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 51.43 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 72.65 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 480.56 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 3.84 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 21.76 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 13.30 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 320.56 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 68.21 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 39.31 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 34.42 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 80.07 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 6.50 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 297.02 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 158.94 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 430.61 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 729.17 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 18.06 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 19.14 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 410.12 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 132.39 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 5.90 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 19.14 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 604.68 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 10.54 700 CERBT CALIFORNIA EE RETIREE-GASB45 20,828.76 845,099.03 TOTAL BY FUND: $ 4,901,365.80 apChkLst Final Check List Page: 1 08/18/2011 5:06:20PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 1760 08/18/2011 000389 NATIONWIDE RETIREMENT SOLUTION 1761 08/18/2011 010349 CALIF DEPT OF CHILD SUPPORT 1762 08/18/2011 000246 PERS (EMPLOYEES' RETIREMENT) 1763 08/18/2011 000283 INSTATAX (IRS) 1764 08/18/2011 000444 INSTATAX (EDD) 1765 08/18/2011 001065 NATIONWIDE RETIREMENT SOLUTION 147195 08/18/2011 004229 ACTION APPLIANCE INC 147196 08/18/2011 013367 ACTIVE MICRO INC 147197 08/18/2011 008552 ADKINS DESIGN CONSULTING 147198 08/18/2011 004180 ADVISORS MARKETING GROUP, LLC 147199 08/18/2011 009374 ALLEGRO MUSICAL VENTURES 147200 08/18/2011 006915 ALLIES PARTY EQUIPMENT 147201 08/18/2011 013950 AQUA CHILL OF SAN DIEGO 147202 08/18/2011 004623 AQUA SOURCE INC 147203 08/18/2011 001323 ARROWHEAD WATER INC 147204 08/18/2011 011961 AT&T MOBILITY Description Amount Paid Check Total OBRA- Project Retirement Payment Support Payment PERS ER Paid Member Contr Payment Federal Income Taxes Payment State Disability Ins Payment Nationwide Retirement Payment Repl. washer & dryer: FS#73 Misc tools & equip:pw traffic div Misc tools & equip:pw traffic div Graphic design srvcs: Theater 7/16-31 Promo items: Aquatics pgrm Piano maint srvcs: Theater Piano tuning srvcs: Theater party rental equip:hot summer nights Misc rental equip:var special events Misc rental equip:var special events Drinking water srvcs:Civic Center Pool chemicals: Aquatics pgrm Drinking water:TES pool Drinking water svcs:CHS/Aquatics July Trip Wire Graffitti: Police 147205 08/18/2011 014336 AVILES, FLORA refund:sec dep:CRC 4,195.58 738.45 133,697.02 83,502.23 24,244.07 11,716.23 1,910.41 1,436.30 81.47 600.76 322.79 3,500.00 170.00 476.94 45.51 41.18 121.76 438.45 90.16 238.53 135.58 4,195.58 738.45 133,697.02 83,502.23 24,244.07 11,716.23 1,910.41 1,517.77 600.76 322.79 3,670.00 563.63 121.76 438.45 328.69 135.58 150.00 150.00 Pagel apChkLst Final Check List Page: 2 08/18/2011 5:06:20PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 147206 08/18/2011 009182 BATTEN, DARLENE refund:sec dep:rm rental:CRC 150.00 150.00 147207 08/18/2011 004040 BIG FOOT GRAPHICS TCSD instructor earnings 532.00 532.00 147208 08/18/2011 012946 BIOCOM SAN DIEGO Mbrship renewal dues 7/1-6/30/12 2,000.00 2,000.00 147209 08/18/2011 014384 BOYLE, JOHN JOSEPH refund:overpmt prkg cite #80119 60.00 60.00 147210 08/18/2011 010817 BURNS, DAVID Entertainment:hot summer nights 8/19 650.00 650.00 147211 08/18/2011 001054 CALIF BUILDING OFFICIALS ADA accessibility:B&S:BC, MT 300.00 300.00 147212 08/18/2011 000647 CALIF DEPT OF CONSUMER Regis eng lic renewal:Pourkazzmi, John 125.00 125.00 AFFAIRS 147213 08/18/2011 001267 CALIF DEPT OF MOTOR Regis:flatbed trailer:PW Maint 20.00 20.00 VEHICLES 147214 08/18/2011 000502 CALIF MUNI STATISTICS City Debt Statement as of 6/30/11 900.00 900.00 147215 08/18/2011 002415 CASTLE AMUSEMENT PARK Excursion:day camp:castle park 7/28 1,918.80 1,918.80 147216 08/18/2011 000137 CHEVRON AND TEXACO July City vehicles fuel: Police 1,755.22 1,755.22 147217 08/18/2011 012627 CLEAR IMAGE ENTERPRISES Ext windowclean:Harveston clubhouse 398.00 398.00 INC 147218 08/18/2011 010955 CLEARCOMM Misc Sound Supplies: Theater 178.70 178.70 147219 08/18/2011 004017 COMERCHERO, JEFF reimb: printer ink cartridge 61.40 61.40 147220 08/18/2011 009028 COMMUNICATIONS USA INC Misc Technical Supplies: Theater 97.62 97.62 147221 08/18/2011 004405 COMMUNITY HEALTH Community Health Charities Payment 62.00 62.00 CHARITIES 147222 08/18/2011 000442 COMPUTER ALERT SYSTEMS Credit:billing adj:prkg struct sec -120.00 Jul -Sep alarm monitoring: Citywide 5,040.00 4,920.00 Page2 apChkLst Final Check List Page: 3 08/18/2011 5:06:20PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 147223 08/18/2011 001264 COSTCO WHOLESALE 147224 08/18/2011 013560 CROWN BUILDING MAINT CO INC 147225 08/18/2011 003272 DAISYWHEEL RIBBON COMPANY INC 147226 08/18/2011 003945 DIAMOND ENVIRONMENTAL SRVCS Description Amount Paid Check Total Artist Hospitality: Theater Misc supplies: Childrens museum Misc supplies:EE recognition Misc supplies - Sister City Visit 65.53 30.09 619.41 68.98 784.01 July Janitorial srvcs:var city 4,077.02 July Janitorial srvcs: Harveston pk 131.84 4,208.86 Plotter supplies:GIS 577.89 577.89 Portable restrooms: Lake Skinner 231.25 Portable restrooms: Vail ranch park Portable restrooms: Vail ranch park Portable restrooms: Riverton park Portable restrooms: Riverton park Portable restrooms: Great Oak HS Portable restrooms: Long canyon park Portable restrooms: Veterans park Portable restrooms: Veterans park Portable restrooms: Long canyon park 147227 08/18/2011 009594 DULCH (CELLA Entertainment:hot summer nights 7/22 Entertainment:hot summer nights 8/19 52.78 52.88 52.78 52.88 52.78 52.78 52.78 52.88 52.88 706.67 650.00 650.00 1,300.00 147228 08/18/2011 002390 EASTERN MUNICIPAL WATER Aug 95366-02 Diego Dr Ldscp 459.75 DIST Aug meter: 39569 Seraphina Rd 253.46 147229 08/18/2011 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Eamings 409.50 AILEEN 147230 08/18/2011 007364 EMED COMPANY INC 713.21 TCSD Instructor Eamings 378.00 TCSD Instructor Eamings 252.00 TCSD Instructor Eamings 126.00 TCSD Instructor Eamings 330.75 TCSD Instructor Eamings 362.25 TCSD Instructor Eamings 173.25 2,031.75 Fire extinguisher cabinets: CRC 357.11 357.11 147231 08/18/2011 013430 ENERSPECT MEDICAL CPR pgrm supplies: Medics SOLUTIONS 147232 08/18/2011 005115 ENTERPRISE RENTA CAR INC Van rental:teen day camp excursion Van rental:teen day camp excursion Van rental:teen day camp excursion Van rental:teen day camp excursion Van rental:teen day camp excursion 989.77 989.77 35.90 122.16 122.16 54.20 122.16 456.58 Pages apChkLst Final Check List Page: 4 08/18/2011 5:06:20PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 147233 08/18/2011 011203 ENVIRONMENTAL CLEANING July Janitorial srvcs:pd old town ofc 571.86 571.86 147234 08/18/2011 003665 EXCEL COMMERCIAL July long distance phone svcs 53.92 53.92 147235 08/18/2011 009953 FEDERAL CLEANING AUG JANITORIAL SRVCS:POLICE MALL 625.00 CONTRACTORS OFC JULY JANITORIAL SRVCS:POLICE MALL 625.00 1,250.00 147236 08/18/2011 004310 FEDEX GROUND INC July Express Mail Service 275.96 275.96 147237 08/18/2011 003747 FINE ARTS NETWORK Sttlemnt:Oklahoma prod 7/28-8/14 17,481.24 17,481.24 147238 08/18/2011 000380 FIRST STUDENT CHARTER Transportation:day camp excursion 7/21 464.91 464.91 147239 08/18/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 241.22 241.22 147240 08/18/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 147241 08/18/2011 010326 G E MOBILE WATER, INC July S'Diego OPS/maint: FS#73 57.00 July S'Diego rental egpt/btls: FS#73 26.10 Exchange, DI, mix bed, 1.6: FS#73 64.17 Exchange, DI, mix bed, 1.6:FS#73 63.58 Aug S'Diego OPS/maint: FS#73 57.00 S'Diego rental egpt/btlst: FS#73 25.86 293.71 147242 08/18/2011 003946 G T ENTERTAINMENT Entertainment:Harveston grand opening 375.00 375.00 147243 08/18/2011 001937 GALLS INC Volunteer uniforms:Police 13.00 13.00 147244 08/18/2011 013552 GANDS PRODUCTIONS LLC sttlemnt:Country...Merc 8/13 364.50 364.50 147245 08/18/2011 011351 GBA MASTER SERIES, INC. 8/1-7/31/12 support/maint:GBA licenses 12,960.00 12,960.00 147246 08/18/2011 005405 GILLILAND, ROBIN reimb:Sister City refreshments 90.00 90.00 147247 08/18/2011 003792 GRAINGER Pull station covers:fire alarms: CRC 205.11 205.11 147248 08/18/2011 010279 GRIFFITH AIR TOOL INC Equip repair & maint:PW maint div 297.76 Equip repair & maint:PW maint div 211.76 509.52 Page4 apChkLst Final Check List Page: 5 08/18/2011 5:06:20PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 147249 08/18/2011 005311 H2O CERTIFIED POOL WATER July fountain maint:Town Square 175.00 SPCL. July Maint:CRC & TES pool 900.00 1,075.00 147250 08/18/2011 000520 HDL COREN & CONE INC 10-11 CAFR statistical reports pkg 595.00 595.00 147251 08/18/2011 003106 HERITAGE SECURITY Security srvcs:Harveston lake park SERVICES 147252 08/18/2011 003624 HOWELL, ANN MARIE Summerfest street painting festival Summerfest hot summer nights QLMP partial billing 2 147253 08/18/2011 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 303355 147254 08/18/2011 006914 INNOVATIVE DOCUMENT SOLUTIONS 512.00 512.00 1,045.80 1,225.80 1,500.00 3,771.60 4,835.38 4,835.38 Debit:billing adj:bal owed on copier 3,816.17 July Copier maint/repair/usage:Citywide 3,207.50 July Copier maint/repair/usage: Library 500.72 7,524.39 147255 08/18/2011 014380 INTER VALLEY HEALTH PLAN refund:sec dep:confctr 100.00 100.00 147256 08/18/2011 003296 INTL CODE COUNCIL Govt mbrship dues #0547650:RJ 225.00 225.00 147257 08/18/2011 003296 INTL CODE COUNCIL Mbrships Class A & B:Johnston, Rich 75.00 75.00 147258 08/18/2011 000820 K R W & ASSOCIATES Eng plan check srvcs:pw land dev 2,145.00 2,145.00 147259 08/18/2011 014147 KAD PAVING COMPANY Ret. Rel.: PW10-05C pavemnt rehab 23,938.58 Credit:billing adj:PW10-05C -100.01 23,838.57 147260 08/18/2011 014381 KEWL EY, DIANNA refund:sec dep:rm rental:CRC 150.00 150.00 147261 08/18/2011 004141 MAINTEX INC Misc cleaning supplies:citywide 456.14 456.14 147262 08/18/2011 006571 MELODYS AD WORKS INC. AUG MARKETING & PROMO 5,000.00 5,000.00 SRVCS:OLD TOWN 147263 08/18/2011 004951 MIKES PRECISION WELDING Welding srvcs:TCSD 65.00 INC. Welding srvcs:Parks 200.00 265.00 147264 08/18/2011 004522 MULLIGANS FAMILY FUN Excursion:teen day camp 7/21 233.82 233.82 CENTER Pages apChkLst Final Check List Page: 6 08/18/2011 5:06:20PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 147265 08/18/2011 001986 MUZAK -SOUTHERN Jul broadcast music:old town 108.66 CALIFORNIA Aug broadcast music:old town 108.18 216.84 147266 08/18/2011 006077 N T H GENERATION Software licenses:info tech 2,251.50 2,251.50 COMPUTING INC 147267 08/18/2011 002925 NAPA AUTO PARTS Misc parts & supplies:pw maint 62.51 62.51 147268 08/18/2011 008820 NEIGHBORS NEWSPAPER JUL ADVERTISING:HOT SUMMER 250.00 250.00 NIGHTS 147269 08/18/2011 002139 NORTH COUNTY TIMES Jul newspapersubscr:MPSC 27.30 27.30 147270 08/18/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW Land Dev City Vehicle Maint Svcs:PW NP DES City Vehicle Maint Svcs:PW Traffic City Vehicle Maint Svcs:PW Traffic City Vehicle Maint Svcs:PW Traffic City Vehicle Maint Svcs:PW Maint 147271 08/18/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Bldg & Safety City Vehicle Maint Svcs:Bldg & Safety 473.46 428.82 336.24 36.27 36.27 536.41 79.37 297.49 2,224.33 36.27 366.69 402.96 147272 08/18/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 67.83 City Vehicle Maint Svcs:TCSD 36.27 104.10 147273 08/18/2011 005656 P A P A PAPA sem:K.Harrington 9/20 80.00 80.00 147274 08/18/2011 014382 PITZEK, MARIA refund:VICR fees:TE112140214 122.00 122.00 147275 08/18/2011 010338 POOL & ELECTRICAL Misc supplies:city fountains 24.96 PRODUCTS INC Pool supplies & chemicals:Aquatics 21.76 46.72 147276 08/18/2011 005075 PRUDENTIAL OVERALL credit:billing adj-chrg not per contract -2.00 SUPPLY Jul uniform/11r mat/twl rentals:city 1,042.39 Jul floor mat & towel rentals:civic cntr 636.16 1,676.55 Pages apChkLst Final Check List Page: 7 08/18/2011 5:06:20PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 147277 08/18/2011 000262 RANCHO CALIF WATER DISTRICT 147278 08/18/2011 000947 RANCHO REPROGRAPHICS Description Amount Paid Check Total Aug var water meters:40135 Village rd 296.12 Aug var water meters:Landings Rd July var water meters:Calle Elenita July var water meters: Wolf Crk Dr N July var water meters: Wolf Creek Dr N July var water meters: Wolf Creek Dr N Aug var water meters:TCSD svc lev C July var water meters:41951 Moraga rd Reproduction srvcs:crc water slide Reproduction srvcs:pavement rehab Reproduction srvcs:pavement rehab Reproduction srvcs:ped/bicycle bridge 147279 08/18/2011 004584 REGENCY LIGHTING Misc electrical supplies:csd maint 147280 08/18/2011 002110 RENTAL SERVICE CORPORATION 18.04 59.87 66.63 446.94 23.65 23,727.86 1,515.75 12.12 55.38 19.70 21.33 26,154.86 108.53 728.09 728.09 Equip rental & maint:pw maint 153.27 credit -delivery charges/rental:PW -128.22 Equip rental & maint:pw maint 13.11 38.16 147281 08/18/2011 002412 RICHARDS WATSON & Jun 2011 legal services 480.00 480.00 GERSHON 147282 08/18/2011 000353 RIVERSIDE CO AUDITOR FY 11/12 LAFCO cost allocation:Planning 6,902.40 6,902.40 147283 08/18/2011 001365 RIVERSIDE COUNTY OF renew permit:TCC 578.00 578.00 147284 08/18/2011 001097 ROADLINE PRODUCTS INC Misc maint supplies:PW Maint 1,616.25 1,616.25 147285 08/18/2011 007905 SANTY, BOB refund: .5 hr tire p/c, chg door in 147.00 147.00 147286 08/18/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 368.30 368.30 CENTRAL 147287 08/18/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 200.00 200.00 CENTRAL 147288 08/18/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 147289 08/18/2011 009213 SHERRY BERRY MUSIC Jazz © the Merc 08/11/11 409.50 409.50 Page:7 apChkLst Final Check List Page: 8 08/18/2011 5:06:20PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 147290 08/18/2011 000537 SO CALIF EDISON Description Amount Paid Check Total Aug 2-33-777-1950:40135 Village rd July 2-27-560-0625:32380 Deerhollow July 2-30-296-9522:31035 Rncho vista July 2-30-608-9384:28582 Harveston July 2-26-887-0789:40233 Vlg rd PED July 2-28-171-2620:40820 Winchester July 2-00-397-5059:Comm Sery Utl July 2-31-693-9784:26036 Ynez TCI July 2-29-974-7568:26953 Ynez TCI Aug 2-01-202-7330:var allnite LS -1 July 2-29-974-7899:26953 Ynez LS3 July 2-29-479-2981:31454 Tem pkwy TCI July 2-01-202-7603:Arterial STLT:TCSD July 2-31-419-2659:26706 Ynez TCI 564.17 2,459.51 282.01 800.28 2,179.06 1,359.15 5,554.34 365.40 104.20 76,898.91 194.45 105.23 28,750.27 86.12 119,703.10 147291 08/18/2011 007341 SOUTH COAST WINERY, INC. Eco Dev promotional wine 2,230.00 2,230.00 147292 08/18/2011 005786 SPRINT Jun 26 -Jul 25 cellular usage/equip 5,117.53 5,117.53 147293 08/18/2011 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Eamings 705.60 TCSD Instructor Eamings 235.20 940.80 147294 08/18/2011 001546 STRAIGHT LINE GLASS Glass repairs: vail ranch park 147295 08/18/2011 007698 SWANK MOTIONS PICTURES, Movie rental:movies in park 8/12 INC. 147296 08/18/2011 011736 TEMECULA TROPHY INC Lifeguard awards:aquatics pgrm 147297 08/18/2011 000306 TEMECULA VALLEY PIPE & Misc supplies:csd maint SUPPLY Misc supplies:csd maint 147298 08/18/2011 010276 TIME WARNER CABLE Aug high speed internet:Fire Stn #92 147299 08/18/2011 002702 U S POSTAL SERVICE April '11 postage meter deposit 147300 08/18/2011 000325 UNITED WAY United Way Charities Payment 147301 08/18/2011 004794 VALLEY WINDS COMMUNITY ENTERTAINMENT: HOT SMR NIGHTS 8/19 59.18 59.18 446.00 446.00 150.85 150.85 345.62 58.94 44.95 404.56 44.95 5,457.53 5,457.53 63.00 63.00 300.00 300.00 Pages apChkLst Final Check List Page: 9 08/18/2011 5:06:20PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 147302 08/18/2011 004261 VERIZON Description Amount Paid Check Total Aug xxx-5072 general usage 1,690.68 Aug xxx-1941 gen usage:pta cd ttacsd 36.90 Aug xxx-2372 gen usage:Wolf crk pk irrig 36.90 Aug xxx-9661 general usage 40.44 Aug xxx-1341 gen usage: Theater 342.68 2,147.60 147303 08/18/2011 004789 VERIZON ONLINE Aug Internet svcs: Theater 134.99 134.99 147304 08/18/2011 004848 VERIZON SELECT SERVICES July long distance phone svcs 14.01 14.01 INC 147305 08/18/2011 012292 VIAMEDIA INC Jul advertising:hot summer nights pgrm 1,765.00 1,765.00 147306 08/18/2011 009101 VISION ONE INC Jul ShoWare ticketing services: Theater 2,020.80 2,020.80 147307 08/18/2011 011213 WAVE WATERPARK, THE Excursion:day camp 8/4/11 2,266.05 2,266.05 147308 08/18/2011 000230 WILLDAN FINANCIAL FY10/11 mailing srvcs:CSD 13,205.14 13,205.14 SERVICES 147309 08/18/2011 014383 YAMANOHA, TINA MARIE refund:enroll:tiny tots:CRC 108.80 108.80 147310 08/18/2011 000348 ZIGLER, GAIL Reimb:rfrshmnts-Public Hearing 8/15 124.64 124.64 Grand total for UNION BANK OF CALIFORNIA: 582,110.29 Page9 apChkLst Final Check List Page: 10 08/18/2011 5:06:20PM CITY OF TEMECULA 122 checks in this report. Grand Total All Checks. 582,110.29 Pagel 0 apChkLst Final Check List Page: 1 08/25/2011 12:56:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 147311 08/25/2011 003203 ARTISTIC EMBROIDERY PROMO ITEMS:VAR SPECIAL EVENTS 242.44 242.44 147312 08/25/2011 001985 A E P (ASSOC OF ENVIRO Mb dues 11/12: West, Dale 140.00 140.00 PROF) 147313 08/25/2011 002733 ALBAO, NANCY, F TCSD instructor earnings 157.50 TCSD instructor earnings 56.00 213.50 147314 08/25/2011 009374 ALLEGRO MUSICAL VENTURES Piano tuning srvcs: Theater 170.00 170.00 147315 08/25/2011 004240 AMERICAN FORENSIC NURSES July DUI & alcohol screening: TE Tem 635.70 (AFN) July DUI & alcohol screening:Tem CHF 720.46 1,356.16 147316 08/25/2011 000936 AMERICAN RED CROSS Administer emerg oxygen challenge 6/2 256.00 256.00 147317 08/25/2011 013950 AQUA CHILL OF SAN DIEGO Drinking water svc: Police 26.94 26.94 147318 08/25/2011 008314 AQUATIC DESIGN GROUP Design svcs:CRC pool waterslide 524.79 524.79 147319 08/25/2011 014377 ATYIM, TAMMY, A. TCSD instructor earnings 1,771.00 1,771.00 147320 08/25/2011 012365 BAAKARI FOUNDATION, THE Sttlemnt:Magic in Temecula 8/20 2,785.18 2,785.18 147321 08/25/2011 004040 BIG FOOT GRAPHICS Class instruction:day camp:cartooning 500.00 500.00 147322 08/25/2011 014284 BLAKELY'S TRUCK SERVICE Veh repair & maint:PW maint div 651.62 Veh repair & maint:PW maint div 500.21 Veh repair & maint:PW maint div 496.66 Veh repair & maint:PW maint div 80.00 1,728.49 147323 08/25/2011 014299 BOOKS ON TAPE Books: Library 199.63 199.63 147324 08/25/2011 008741 BORCHARD-TEMECULA , L.P. Release settlement payment 20,558.00 20,558.00 147325 08/25/2011 008286 BRASGA, CAZI EE computer loan program 1,944.45 1,944.45 147326 08/25/2011 014400 BRAZIL, ADRIAN refund:found lost mat:library 18.95 18.95 147327 08/25/2011 002103 CAPIO 11/12 CAPIO mb: Irwin, Tamra 225.00 225.00 Page:1 apChkLst Final Check List Page: 2 08/25/2011 12:56:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 147328 08/25/2011 000484 CALIF ASSN FOR LOCAL 11/12 CALED mb: Adams, Aaron ECONOMIC 147329 08/25/2011 006614 CALIF CITY MANAGEMENT 11/12 CCMF mb: Nelson, Shawn 147330 08/25/2011 010939 CALIF DEPT OF INDUSTRIAL Annual oper inspection: CRC 147331 08/25/2011 004228 CAMERON WELDING SUPPLY Welding supplies:PW maint div 147332 08/25/2011 004971 CANON FINANCIAL SERVICES, Copier lease: Library INC 147333 08/25/2011 014394 CHIAN, MONICA 147334 08/25/2011 014399 CORRAL, CARLOS 147335 08/25/2011 001264 COSTCO WHOLESALE refund sec dep:harveston ctr:MPR refund:found lost mat:library Misc supplies:art show receptions:Merc Misc supplies:tcc classes & pgrms Misc supplies:harveston classes/pgrm Misc equipment:recreation pgrms Misc supplies:tcc classes & pgrms 147336 08/25/2011 014398 CUEVAS, ALFONSO refund:enroll:soccer:long canyon pk 147337 08/25/2011 001233 DANS FEED & SEED INC Propane usage supplies:team pace 7/13 147338 08/25/2011 002990 DAVID TURCH & ASSOCIATES July '11 Legislative consulting svcs:cm 147339 08/25/2011 003945 DIAMOND ENVIRONMENTAL Portable restrooms: Great Oak HS SRVCS 147340 08/25/2011 004192 DOWNS COMMERCIAL FUELING INC Amount Paid Check Total 570.00 570.00 400.00 400.00 195.00 195.00 22.25 22.25 2,836.52 2,836.52 200.00 200.00 14.98 14.98 643.73 171.58 297.22 869.24 211.89 2,193.66 84.00 84.00 27.02 27.02 3,500.00 3,500.00 52.78 52.78 Fuel for City vehicles: PW Indv/npdes 146.18 Fuel for City vehicles: PW Fuel for City vehicles: Police Fuel for City vehicles: B&S Fuel for City vehicles: Code Enf Fuel for City vehicles: TCSD Fuel for City vehicles: TCSD Fuel for City vehicles: PW Traffic Fuel for City vehicles: PW Maint 147341 08/25/2011 000523 EASTERN MUNICIPAL WATER Appl svc fees:OT Gym:PW07-05 DIST 335.19 78.34 501.52 453.29 48.05 2,594.11 428.74 1,971.89 6,557.31 48,988.15 48,988.15 Page2 apChkLst 08/25/2011 12 :5 6 :2 6 P M Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 147342 08/25/2011 004829 ELLISON WILSON ADVOCACY July '11 Calif govt advocacy svc:cm ofc LLC 147343 08/25/2011 004310 FEDEX GROUND INC July Express Mail Service 147344 08/25/2011 003347 FIRST BANKCARD CENTER 012833 PC MALL GOV, INC. 006952 PAYPAL 013851 STORM SOURCE, LLC 008275 RESOURCE NETWORK, THE 008567 GODADDY.COM INC. 008956 PANERA BREAD 007282 AMAZON.COM, INC 007282 AMAZON.COM, INC 013301 RED GINGER CHINA BISTRO 001048 ROSAS CANTINA RESTAURANT 013611 MANHATTAN DELI 005119 ROCKHURST UNIV CONTINUING EDUC 000305 TARGET BANK BUS CARD SRVCS 002111 TOGOS RESTAURANT 012898 NIELSEN COMPANY, THE 014404 WAY BACK WHEN PHOTOGRAPHY 012112 PALUMBOS RISTORANTE 012112 PALUMBOS RISTORANTE 012112 PALUMBOS RISTORANTE 000152 CALIF PARKS & RECREATION SOC 147345 08/25/2011 007866 GCS SUPPLIES INC Amount Paid Check Total MH laptop battery:M. Naggar MH Siteimprove Payflow Pro Transaction MH Aug '11 appointments plus:Info Tech MH Windows Quick Source Guides:I.T. MH Domain Name Registrations RJ rfrshmnts:RDA Budget Legislation mtg RJ (1) flash drive RJ (3) flash drives SJ rfrshmnts: closed session 7/12 SJ rfrshmnts: closed session 7/26 SJ rfrshmnts: closed session 8/9 GB training cd: PW CIP GB 5 cabinets:civic center AA rfrshmnts:T-Now mtg 7/27 AA Econ Dev demographic report AA Civic Center photo: Econ Dev AA refreshments:youth fellowship mtg AA refreshments:SD Transcript mtg 8/5 AA refreshments:SD Transcript mtg 8/5 AA recruitment ad:HR Toner & Ink Cartridges:Info tech 147346 08/25/2011 013552 GANDS PRODUCTIONS LLC Sttlemnt: Country...Merc 8/20 3,500.00 219.34 160.55 1,874.00 20.00 144.20 253.20 137.92 12.50 37.50 163.27 135.77 234.77 60.63 538.70 250.22 450.00 75.00 83.92 117.51 14.64 75.00 964.13 3,500.00 219.34 4,839.30 964.13 585.00 585.00 Page:3 apChkLst Final Check List Page: 4 08/25/2011 12:56:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 147347 08/25/2011 014385 GOVDEALS Fees & credits - Auctions Jun '11 279.45 147348 08/25/2011 003792 GRAINGER Stair tread/square nose: TCSD 136.70 147349 08/25/2011 014330 GUILIANO, MARIA GINA TCSD instructor earnings 798.00 147350 08/25/2011 000186 HANKS HARDWARE INC Misc hardware supplies: Theater 366.11 Misc hardware supplies: Museum 3.54 Misc hardware supplies: TCC 87.99 Misc hardware supplies:C. Museum 55.97 Misc hardware supplies: Library 46.75 Misc hardware supplies: Civic Ctr prkg 9.69 Misc hardware supplies: B&S dept 64.33 Misc hardware supplies:CRC/aquatics 57.63 Misc supplies:PW Traffic Div 243.40 Misc hardware supplies: Civic Ctr 294.54 Hardware supplies: Sta 73 348.74 Misc maint supplies:var park sites 1,384.29 Misc hardware supplies: CRC 332.54 Hardware supplies - PW St Maint 393.55 147351 08/25/2011 004188 HARRIS & ASSOCIATES July Pavement rehab proj: PW10-05 13,007.50 147352 08/25/2011 002109 HD SUPPLY CONSTR. SUPPLY Misc supplies: PW maint div LTD 147353 08/25/2011 001135 HEALTHPOINTE MEDICAL GROUP INC 279.45 136.70 798.00 3,689.07 13,007.50 168.29 168.29 Emp industrial care srvcs:HR 50.00 EE industrial care svcs: HR 141.71 EE industrial care svcs: HR 321.18 EE industrial care svcs: HR 249.01 EE industrial care svcs: HR 314.03 EE industrial care svcs: HR 479.71 1,555.64 147354 08/25/2011 003198 HOME DEPOT, THE Misc supplies:OT boardwalk:PW 117.66 117.66 147355 08/25/2011 014401 HUBBARD, KRISTEN refund:found lost mat:library 14.99 14.99 147356 08/25/2011 013695 INLAND EMPIRE SHRED IT Shred srvcs: Records div 50.00 Shred srvcs: Records div 15.00 65.00 147357 08/25/2011 011228 INLAND PLANNING AND July Consulting svcs:jefferson corridor 3,200.00 3,200.00 DESIGN INC Page:4 apChkLst Final Check List Page: 5 08/25/2011 12:56:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 147358 08/25/2011 001407 INTER VALLEY POOL SUPPLY Pool chemicals:citywide pools INC 147359 08/25/2011 003296 INTL CODE COUNCIL '10 CA fire inspectors guide:B&S:RJ 147360 08/25/2011 000750 INTOXIMETERS INC Equip repair & maint:DWI tester - 147361 08/25/2011 014390 JAGGER EDGE PLATINUM Sttlemnt: Al & Ann 8/19 ARTISTS 147362 08/25/2011 013200 JAROTH INC Sep pay phone:RDA/OT bus depot 147363 08/25/2011 014256 JAYCO INDUSTRIES, LLC Front loading mailbox unit:c:ivic 147364 08/25/2011 000209 L & M FERTILIZER INC Misc parts & supplies:PW maint div Misc parts & supplies:PW maint div Misc supplies: PW Maint Misc supplies: PW Maint 147365 08/25/2011 013717 LAA MUSIC, LLC Entertainment:hot summer nights 8/26 Amount Paid Check Total 754.84 754.84 33.86 33.86 666.03 666.03 600.65 600.65 82.64 82.64 1,160.46 1,160.46 71.73 43.71 1,336.54 1,511.58 2,963.56 600.00 600.00 147366 08/25/2011 003726 LIFE ASSIST INC Medical supplies: Medics 247.75 Medical supplies: Medics 432.89 Medical supplies: Medics 328.78 Medical supplies: Medics 117.59 1,127.01 147367 08/25/2011 014396 LIVING HOPE FAITH CENTER refund:sec dep:harveston ctr:MPR 200.00 200.00 147368 08/25/2011 003782 MAIN STREET SIGNS Misc signs:PW Maint 150.69 150.69 147369 08/25/2011 004141 MAINTEX INC Misc cleaning supplies:FOC 52.01 52.01 147370 08/25/2011 014403 MARGIOTTA, JAMES P & refund:dep:margiotta res:LD10-050GR 5,000.00 5,000.00 MALINDA J 147371 08/25/2011 014395 MATA, MICHELE refund:sec dep:harveston ctr:MPR 200.00 200.00 147372 08/25/2011 011956 MATTHEWS, AARON Reimb:SQL Server trng book 58.17 58.17 147373 08/25/2011 006571 MELODY'S AD WORKS INC. Reimbursement:marketing expenses 245.25 Reimbursement:marketing expenses 91.99 337.24 Page:5 apChkLst Final Check List Page: 6 08/25/2011 12:56:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 147374 08/25/2011 012264 MIRANDA, JULIO C. Description TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Amount Paid Check Total 1,050.00 756.00 336.00 2,142.00 147375 08/25/2011 013375 MYERS-RUSSO, ERICA TCSD Instructor Earnings 96.00 TCSD Instructor Earnings 144.00 TCSD Instructor Earnings 96.00 336.00 147376 08/25/2011 002925 NAPA AUTO PARTS City veh repair & maint:medics 23.74 23.74 147377 08/25/2011 002139 NORTH COUNTY TIMES Jun newspaper subscr:MPSC 28.60 28.60 147378 08/25/2011 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:pd mall office 61.09 DIV Business cards:Fire Dept Misc office supplies:finance dept Misc. office supplies:childrens museurr 147379 08/25/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 36.16 200.05 40.20 337.50 400.32 400.32 147380 08/25/2011 001171 ORIENTAL TRADING COMPANY Misc supplies: high hopes pgrm 24.00 INC Misc supplies: high hopes pgrm 230.65 Misc supplies:var special events 470.82 Misc supplies: children's museum 93.99 819.46 147381 08/25/2011 014397 PALOMA ELEMENTARY refund:sec dep:pool party:CRC 150.00 150.00 SCHOOL 147382 08/25/2011 010320 PETCO ANIMAL SUPPLIES INC Food & Supplies:police K-9 unit 49.99 49.99 147383 08/25/2011 001999 PITNEY BOWES 9/16-12/15 postage meter rental: Fire 101.54 101.54 147384 08/25/2011 010338 POOL & ELECTRICAL Pool supplies & chemicals:Aquatics 240.18 PRODUCTS INC Pool supplies & chemicals:Aquatics 438.44 678.62 147385 08/25/2011 002354 POSITIVE PROMOTIONS INC Promo items:FIT pgrm 238.45 238.45 147386 08/25/2011 008964 PULSIFER, JAMES ENTERTAINMENT: HOT SUMMER 750.00 750.00 NIGHTS 8/26 147387 08/25/2011 008024 QUARTERMASTER INC Uniform patches:police 423.64 423.64 147388 08/25/2011 014148 RABENA, FRANK R. Entertainment:harveston center 7/23 400.00 400.00 Page:6 apChkLst Final Check List Page: 7 08/25/2011 12:56:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 147389 08/25/2011 000262 RANCHO CALIF WATER Aug var water meters:TCSD & PW 3,006.49 DISTRICT Aug var water meters:TCSD svc lev C 28,380.15 Aug var water meters:30875 rncho vist 552.98 Aug var water meters:30650 Pauba Rd 724.90 Aug D.C. meter:30650 Pauba Rd 17.49 32,682.01 147390 08/25/2011 000947 RANCHO REPROGRAPHICS Reprographic srvcs:butterfield ext 711.90 Reprographic services:Marg Rd 27.15 739.05 147391 08/25/2011 004584 REGENCY LIGHTING Electrical supplies:mpsc 102.37 Lighting supplies:pbsp 1,332.65 1,435.02 147392 08/25/2011 000353 RIVERSIDE CO AUDITOR July'11 parking citation assess. 6,032.00 6,032.00 147393 08/25/2011 001592 RIVERSIDE CO INFO Jul radio rental:police/prk rngrs 1,236.04 1,236.04 TECHNOLOGY 147394 08/25/2011 001365 RIVERSIDE COUNTY OF Apr -Jun vector control srvcs 5,914.82 5,914.82 147395 08/25/2011 000277 S & S ARTS & CRAFTS INC Misc supplies:crc 167.99 167.99 147396 08/25/2011 011511 SCUBA CENTER TEMECULA TCSD Instructor Earnings 756.00 TCSD Instructor Earnings 28.00 784.00 147397 08/25/2011 009213 SHERRY BERRY MUSIC Jazz @ the Merc 08/18/11 472.50 472.50 Page:7 apChkLst Final Check List Page: 8 08/25/2011 12:56:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 147398 08/25/2011 009746 SIGNS BY TOMORROW 147399 08/25/2011 000697 SISTER CITIES INTERNATIONAL 147400 08/25/2011 000645 SMART & FINAL INC 147401 08/25/2011 000824 SO CALIF ASSN OF GOVERNMENTS 147402 08/25/2011 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total Public ntc pstg srvc xx-0109:PIanning 148.50 Public ntc pstg srvc xx-0069:Planning 148.10 Public ntc pstg srvc xx-0226:Planning 148.10 Public ntc pstg srvc )0c-0114:Planning 148.10 Public ntc pstg srvc xx-0118:PIanning 148.10 Public ntc pstg srvc xx-0119:PIanning 287.32 Public ntc pstg srvc xx-0121:Planning 287.32 Public ntc pstg srvc xx-0124:Planning 287.32 Public ntc pstg srvc xx-0125:Planning 287.32 Public ntc pstg srvc xx-0309:Planning 127.05 Public ntc pstg srvc )0c-0165:Planning 148.10 Public ntc pstg srvc xx-0127&0129:PIn! 148.10 Public ntc pstg srvc xx-0109:PIanning 148.10 Public ntc pstg srvc xx-0111:Planning 148.50 Public ntc pstg srvc xx-0073:Planning 148.50 Public ntc pstg srvc xx-0101:Planning 148.50 Public ntc pstg srvc xx-0103:PIanning 148.50 Public ntc pstg srvc xx-0113:PIanning 148.50 Public ntc pstg srvc xx-0102:PIanning 148.50 Public ntc pstg srvc xx-0104:PIanning 148.50 Public ntc pstg srvc xx-0046:Planning 148.50 Public ntc pstg srvc xx-0048:Planning 148.50 Public ntc pstg srvc xx-0112:PIanning 148.10 Public ntc pstg srvc xx-0085:Planning 148.10 Public ntc pstg srvc )0c-0106:Planning 148.50 Public ntc pstg srvc xx-0108:Planning 148.50 4,391 23 FY 11/12 Agency membership dues 880.00 880.00 Misc supplies:mpsc 311.85 311.85 FY 11/12 Agency membership dues 9,070.00 9,070.00 Aug 2-18-937-3152:28314 Mercedes Aug 2-19-171-8568:28300 Mercedes Aug 2-27-371-8494:42189 Winchester July 2-28-331-4847:32805 Pauba Rd Aug 2-28-904-7706:32329 Overland Tr Aug 2-21-981-4720:30153 Tem pkwy ti July 2-30-099-3847:29721 Ryecrest Aug 2-31-536-3655:41904 Main St Aug 2-31-536-3481:41902 Main St 1,336.06 89.17 34.18 110.90 138.57 32.58 21.26 1,413.62 226.14 3,402.48 Page:8 apChkLst Final Check List Page: 9 08/25/2011 12:56:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 147403 08/25/2011 001212 SO CALIF GAS COMPANY 147404 08/25/2011 000519 SOUTH COUNTY PEST CONTROL INC Description Amount Paid Check Total Aug 125-244-2108-3: Library 13.81 Aug 015-575-0195-2:32211 Wolf vly rd 127.69 Aug 095-167-7907-2:30650 Pauba Rd 146.33 287.83 Pest control srvcs:fire stn 92 42.00 Pest control srvcs:fire stn 95 89.00 Pest control sivcs:Prkg Structure 90.00 221.00 147405 08/25/2011 000293 STADIUM PIZZA INC Refreshments:Quarry Hearing 8/15 110.34 110.34 147406 08/25/2011 006145 STENO SOLUTIONS Jul transcription srvcs:Police 755.02 755.02 TRANSCRIPTION 147407 08/25/2011 013387 SWEEPING UNLIMITED INC Aug sweeping:Parking Structure 500.00 500.00 147408 08/25/2011 000305 TARGET BANK BUS CARD Misc supplies: summer day camp 118.31 SRVCS Misc supplies: summer day camp 50.69 Artist Hospitality: Theater 16.99 Misc supplies:mpsc 146.52 332.51 147409 08/25/2011 000168 TEMECULA FLOWER CORRAL Sunshine Fund 135.66 135.66 147410 08/25/2011 003677 TEMECULA MOTORSPORTS Cityveh repair & maint:police 410.26 LLC City veh repair & maint:police 851.46 1,261.72 147411 08/25/2011 004260 TEMECULA STAMP & Self -inking stamp:finance dept 76.50 76.50 GRAPHICS 147412 08/25/2011 010493 TEMECULA TOWNE CENTER Sept lease payment:pd mall office ASSOC LP 147413 08/25/2011 011736 TEMECULA TROPHY INC Tropies & awards:var special events Trophies:winter/spring sports pgrm Recognition awards: W. Ott name plate:S. Gallegos plaques:town sq fountain 147414 08/25/2011 005722 TEMECULA VALLEY GARDEN refund:rental:not reserving:CRC CLUB 147415 08/25/2011 004274 TEMECULA VALLEY SECURITY locksmith srvcs:harvestion center CENTR locksmith srvcs:harvestion center Locksmith srvcs:CRC 147416 08/25/2011 011090 TEMECULA VALLEY Transportation:day camp excursion 8/4 TRANSPORTATION 1,458.33 1,458.33 32.33 238.82 178.87 21.55 1,562.38 2,033.95 384.00 384.00 74.91 11.85 9.91 96.67 2,920.50 2,920.50 Page:9 apChkLst Final Check List Page: 10 08/25/2011 12:56:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 147417 08/25/2011 003941 TEMECULA WINNELSON plumbing supplies:Iibrary 12.24 COMPANY plumbing supplies:library 89.95 102.19 147418 08/25/2011 014300 THEATER 16, INC. ENTERTAINMENT:HOT SUMMER 250.00 250.00 NIGHTS 8/26 147419 08/25/2011 003862 THYSSENKRUPP Jul -Sep elevator inspection:cityfac's 3,120.00 3,120.00 ELEVATOR.BRNCH 37 147420 08/25/2011 010276 TIME WARNER CABLE 8/19-9/18 high speed internet:FS#92 102.17 8/27-9/26 high speed internet:Civic Ctr 4,360.31 4,462.48 147421 08/25/2011 004435 U S CONFERENCE OF FY 11/12 Agency membership dues 5,269.00 5,269.00 MAYORS, THE 147422 08/25/2011 002702 U S POSTAL SERVICE Jun '11 postage meter deposit May '11 postage meter deposit 147423 08/25/2011 004794 VALLEY WINDS COMMUNITY ENTERTAINMENT: HOT SUMMER NIGHTS 8/26 147424 08/25/2011 014265 VAN GONKA, JEFF Deposit:dsgn & constr-C. Museum exhibit 3,370.19 2,797.44 6,167.63 300.00 300.00 5,000.00 5,000.00 147425 08/25/2011 004261 VERIZON Aug xxx-0682 gen usage:OT sound sys 82.26 Aug xxx-7562 gen usage:Irrig contrllr 39.27 Aug xxx-0073 general usage 90.90 Aug xxx-8573 general usage 36.90 Aug xxx-3143 gen usage:PD overind of 44.25 Aug xxx-5473 gen usage:Moraga Rd 37.78 Aug xxx-0714 gen usage:PD mall alarn 75.72 Aug xxx-3564 general usage 36.90 Aug xxx-0074 general usage 220.59 Aug xxx-6084 general usage 35.58 Aug xxx-5275 gen usage:Tem PD DSL 38.07 738.22 147426 08/25/2011 004789 VERIZON ONLINE Aug Internet svcs: Library 174.99 Aug Internet svcs: Civic Center 269.99 444.98 147427 08/25/2011 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES:THEATER 56.89 56.89 147428 08/25/2011 010502 WINDOWS IT PRO annual Windows IT Prosubscr:I.T. 199.00 199.00 147429 08/25/2011 006290 WOODCREST VEHICLE Install pre-emption:Police 365.17 365.17 CENTER Grand total for UNION BANK OF CALIFORNIA: 256,877.87 Page:10 apChkLst Final Check List Page: 11 08/25/2011 12:56:26PM CITY OF TEMECULA 119 checks in this report. Grand Total All Checks: 256,877.87 Page:11 apChkLst Final Check List Page: 1 09/01/2011 4:29:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 1766 09/01/2011 010349 CALIF DEPT OF CHILD SUPPORT 1767 09/01/2011 000389 NATIONWIDE RETIREMENT SOLUTION 1768 09/01/2011 000245 PERS-HEALTH INSUR PREMIUM 1769 09/01/2011 000642 TEMECULA CITY FLEXIBLE Description Amount Paid Check Total Support Payment OBRA- Project Retirement Payment PERS Health Admin Cost Payment Blue Shield HMO Payment 738.45 2,688.64 81,608.87 738.45 2,688.64 0.00 81,608.87 Child Care Reimbursement Payment 0.00 Child Care Reimbursement Payment 8,752.89 8,752.89 1770 09/01/2011 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 133,013.50 133,013.50 RETIREMENT) 1771 09/01/2011 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 14,666.16 14,666.16 SOLUTION 1772 09/01/2011 000283 INSTATAX (IRS) Federal Income Taxes Payment 77,503.81 77,503.81 1773 09/01/2011 000444 INSTATAX (EDD) State Disability Ins Payment 22,807.21 22,807.21 1774 08/29/2011 005460 U S BANK '08 COP Debt Service Pmt 1,018,918.76 1,018,918.76 147430 09/01/2011 003552 AFLAC AFLAC Cancer Payment 3,137.01 3,137.01 147431 09/01/2011 014362 ABOVE THE REST HOT AIR Balloon Glow in the Dark 7/15 1,000.00 1,000.00 BALLOON 147432 09/01/2011 004802 ADLERHORST INTERNATIONAL April training supplies:Police K-9 unit 283.34 INC July training & supplies:Police K-9 283.34 Training & supplies:Police K-9 units 32.33 599.01 147433 09/01/2011 014170 AHERN RENTALS INC Equip purch:liftw/gate:City Yard 16,119.41 16,11941 147434 09/01/2011 014409 ALCANTARA, EMILIA refund:sec dep:cancel rental:TCC 150.00 150.00 147435 09/01/2011 006915 ALLIES PARTY EQUIPMENT party rental equip: hot summer nights 121.37 121.37 147436 09/01/2011 012943 ALPHA MECHANICAL SERVICE HVAC repair: Theater 465.46 INC HVAC repair & maint: FOC HVAC repair & maint:OT main prkg garage HVAC repair & maint: Civic Center 295.48 305.00 3,124.00 4,189.94 Pagel apChkLst Final Check List Page: 2 09/01/2011 4:29:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 147437 09/01/2011 004240 AMERICAN FORENSIC NURSES Sep Phlebotomy srvcs: Police (AFN) 147438 09/01/2011 013950 AQUA CHILL OF SAN DIEGO Drinking watersvcs:Civic Center 147439 09/01/2011 004623 AQUA SOURCE INC Chlorine tablets:TES pool 147440 09/01/2011 004205 BALLET FOLKLORICO TCSD Instructor Eamings 147441 09/01/2011 013684 BLUE SHIELD OF CALIFORNIA COBRA SUBSIDY MEDICAL PAYMENT 09/11 147442 09/01/2011 014299 BOOKS ON TAPE 147443 09/01/2011 013121 BOYD, KELLY D 147444 09/01/2011 012878 C S OFFICE INTERIORS 147445 09/01/2011 003138 CAL MAT Book collections: Library Books collections: Library Books collections: Library refund:sec dep:picnic:harveston park Ergonomic equip:info tech:MC Asphalt purch:citywide street repairs Asphalt purch:citywide street repairs Asphalt purch:citywide street repairs Asphalt purch:citywide street repairs 147446 09/01/2011 001590 CALIF REDEVELOPMENT ASSN 9/1-8/31/12 Agency renewal dues:rda 147447 09/01/2011 001610 CALTRANS Copies 2010 Standard Specs 147448 09/01/2011 000137 CHEVRON AND TEXACO Aug City vehicles fuel:CM 147449 09/01/2011 004405 COMMUNITY HEALTH Community Health Charities Payment CHARITIES 147450 09/01/2011 000442 COMPUTER ALERT SYSTEMS Jul -Sep alarm monitoring: Correction 147451 09/01/2011 013286 CONN EXON TELECOM INC June Emergency telecom routing svc July Emergency telecom routing svc 147452 09/01/2011 002945 CONSOLIDATED ELECTRICAL Misc electrical supplies:city fac var DIST. 1,248.00 1,248.00 121.76 121.76 888.94 888.94 357.00 357.00 978.89 978.89 36.37 28.28 60.61 125.26 150.00 150.00 909.34 909.34 301.37 445.60 369.03 151.18 1,267.18 10,220.00 10,220.00 387.90 387.90 260.30 260.30 62.00 62.00 120.00 120.00 320.00 364.80 684.80 42.02 42.02 Page2 apChkLst Final Check List Page: 3 09/01/2011 4:29:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 147453 09/01/2011 013379 COUSSOU, CELINE Description Amount Paid Check Total TCSD Instructor Eamings TCSD Instructor Eamings 147454 09/01/2011 014410 D R HORTON refund bal.:Tem Lane:TR00001043 147455 09/01/2011 003272 DAISYWHEEL RIBBON Plotter supplies:GIS COMPANY INC 147456 09/01/2011 012600 DAVID EVANS & ASSOCIATES CONSULTING SRVCS:BUTTERFIELD INC RD EXT. - 147457 09/01/2011 014389 DAWSON, LORRAINE Winner of Plein air st painting fest 147458 09/01/2011 014414 DUNN, CHRISTY refund:found lost mat:library 147459 09/01/2011 005880 EDGE DEVELOPMENT INC. June Maint repair & const: Library 147460 09/01/2011 004829 ELLISON WILSON ADVOCACY Aug Calif govt advocacy svcs:CM ofc LLC 147461 09/01/2011 011202 EMH SPORTS & FITNESS INSTITUTE 147.00 224.00 14,089.84 268.25 7,061.69 100.00 14.95 12,979.20 3,500.00 TCSD instructor earnings 322.00 TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 147462 09/01/2011 011203 ENVIRONMENTAL CLEANING JULY JANITORIAL SVCS: VAR PARK SITES Aug Janitorial srvcs:Police old town ofc 441.00 336.00 7.00 5,265.00 571.86 371.00 14,089.84 268.25 7,061.69 100.00 14.95 12,979.20 3,500.00 1,106.00 Aug Janitorial svcs:var park sites 5,265.00 11,101.86 147463 09/01/2011 004464 EXXON MOBIL CARD SERVICES City vehicles fuel:CM 74.62 74.62 147464 09/01/2011 013768 FISHER, LOUIS RAYMOND USTA Jr tennis tournament 8/25 200.00 200.00 147465 09/01/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 147466 09/01/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 4845 48.45 147467 09/01/2011 013552 GANDS PRODUCTIONS LLC Settlement:Country...Merc 8/27 416.25 Settlement:Spotlight...Merc 8/26 370.30 786.55 147468 09/01/2011 013076 GAUDET, YVONNE M. TCSD instructor earnings 400.40 400.40 Pages apChkLst Final Check List Page: 4 09/01/2011 4:29:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 147469 09/01/2011 000177 GLENN IES OFFICE PRODUCTS INC Description Amount Paid Check Total July Misc ofc supplies:Info Tech 171.09 Misc office supplies:csd admin 1,675.48 Office supplies:Public Works— 127.61 Misc office supplies: FS#84 1,275.11 July Misc ofc supplies:CM 434.90 3,684.19 147470 09/01/2011 009608 GOLDEN VALLEY MUSIC Settlement:Classics...Merc Aug' 11 846.30 846.30 SOCIETY 147471 09/01/2011 014407 GOLDSTEIN, MELANIE refund:sec dep:harveston ctr:mpr 200.00 200.00 147472 09/01/2011 014415 GURROLA, RICHARD Land acquisition:Murr crk bridge & 5,000.00 5,000.00 147473 09/01/2011 000186 HANKS HARDWARE INC Misc hardware supplies:special events 275.19 275.19 147474 09/01/2011 014408 HAWTHORNE, MARDELOUIS refund:sec dep:CRC 150.00 150.00 147475 09/01/2011 000520 HDL COREN & CONE INC Jul -Sep Consulting svcs:property tax 5,250.00 5,250.00 147476 09/01/2011 001135 HEALTH POINTE MEDICAL EE industrial care srvcs:HR 50.00 GROUP INC EE industrial care srvcs:HR 223.00 273.00 147477 09/01/2011 003198 HOME DEPOT, THE Misc supplies: PW 663.52 663.52 147478 09/01/2011 003624 HOWELL, ANN MARIE Graphic designs:hot summer nights 6/30 180.00 Graphic design:QLMP 6/30 1,873.95 2,053.95 147479 09/01/2011 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 5,651.46 5,651.46 303355 147480 09/01/2011 010530 I P C INDUSTRIES INC Misc supplies:var special events 161.63 161.63 147481 09/01/2011 009135 IMPACT MARKETING & DESIGN Promo items: Theater wine totes 828.33 828.33 INC 147482 09/01/2011 005579 INLAND EMPIRE PROPERTY June weed abatement:apn 909-370-002 2,560.00 2,560.00 147483 09/01/2011 013695 INLAND EMPIRE SHRED IT Shredding srvcs:police storefronts 15.00 Shredding srvcs:police storefronts 15.00 Shred srvcs: Records div 50.00 Shred srvcs: Records div 20.00 Shred srvcs: Records div 15.00 115.00 Page4 apChkLst Final Check List Page: 5 09/01/2011 4:29:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 147484 09/01/2011 009693 INLAND VALLEY CLASSICAL Settlement:Classical Ballet prod Aug' 11 BALLET 147485 09/01/2011 006914 INNOVATIVE DOCUMENT Printer supplies:central srvcs SOLUTIONS 147486 09/01/2011 001407 INTER VALLEY POOL SUPPLY Pool chemicals:citywide pools INC 147487 09/01/2011 000750 INTOXIMETERS INC 147488 09/01/2011 003266 IRON MOUNTAIN OFFSITE 147489 09/01/2011 001186 IRWIN, JOHN Pool chemicals:citywide pools DWI tester mouthpieces:police- Offsite media storage: Records TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 4,044.89 4,044.89 267.22 267.22 586.32 715.46 60.67 1,301.78 60.67 416.80 416.80 78.40 102.90 19.60 102.90 303.80 147490 09/01/2011 004884 J &W REDWOOD LUMBER CO Misc suppliesAumber:OT boardwalk 85.08 85.08 INC 147491 09/01/2011 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 160.00 160.00 147492 09/01/2011 013200 JAROTH INC Sep pay phones:duckpond,Library,CRC 212.64 212.64 147493 09/01/2011 003046 K F R 0 G 95.1 FM RADIO ADVERTISING:HOT SUMMER NIGHTS- 1,755.00 1,755.00 147494 09/01/2011 001091 KEYSER MARSTON July Affordable housing consulting:RDA 3,906.89 3,906.89 ASSOCIATES INC 147495 09/01/2011 001282 KNORR SYSTEMS INC Misc pool parts:CRC & TES 755.66 Misc pool parts:CRC & TES 51.20 806.86 147496 09/01/2011 009336 KOPIE SHOP LLC 147497 09/01/2011 007188 LAERDAL MEDICAL CORP. 147498 09/01/2011 004412 LEANDER, KERRY D. 147499 09/01/2011 013718 LEE, RICHARD M. 147500 09/01/2011 004905 LIEBERT, CASSIDY & WHITMORE Promotional items: Theater CPR supplies: Medics CPR supplies: Medics Reimb supplies:USTA Jr tennis tourn 8/25 Entertainment:hot summer nights 9/2 July HR legal svcs:#TE060-00001 276.23 276.23 469.80 49.51 519.31 306.28 306.28 500.00 500.00 180.00 180.00 Pages apChkLst Final Check List Page: 6 09/01/2011 4:29:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 147501 09/01/2011 003726 LIFE ASSIST INC 147502 09/01/2011 013982 MCI COMM SERVICE Description Amount Paid Check Total Medical supplies: Medics Medical supplies: Medics 1,108.22 459.78 1,568.00 Aug xxx-0346 general usage 29.93 Augxxx-0714 general usage 147503 09/01/2011 008610 M C R STAMPS DJ services:high hopes pgrm 147504 09/01/2011 003782 MAIN STREET SIGNS 147505 09/01/2011 004141 MAINTEX INC 147506 09/01/2011 004307 MARINE BIOCHEMISTS 147507 09/01/2011 011179 MC MILLIN REDHAWK LLC Misc signs:PW Maint Misc signs:PW Maint Misc signs:PW Maint Misc cleaning supplies:city fac's Aug water maint:hary lake & duck pond TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 147508 09/01/2011 014416 MCGILL, JIM & TERRI Land acquisition:Murr Crk Bridge& 147509 09/01/2011 003076 MET LIFE INSURANCE MetLife Dental Insurance Payment COMPANY 147510 09/01/2011 012962 MILLER, MISTY 147511 09/01/2011 001986 MUZAK -SOUTHERN CALIFORNIA 147512 09/01/2011 013375 MYERS-RUSSO, ERICA TCSD Instructor Eamings TCSD Instructor Eamings 30.72 60.65 25.00 25.00 808.13 129.08 484.23 1,421.44 1,885.58 1,885.58 3,900.00 3,900.00 210.00 630.00 735.00 1,575.00 4,250.00 4,250.00 7,279.63 7,279.63 24.50 710.50 735.00 Sep dish network programing:foc 123.18 Sep music broadcast:Old Town TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 72.11 195.29 163.80 201.60 37.80 132.00 72.00 48.00 113.40 176.40 147513 09/01/2011 006140 NORTH JEFFERSON BUSINESS Oct -Dec assn dues xx17:F.Vly Intrchg 415.13 PARK Oct -Dec assn dues xx20:F.Vly Intrchg 564.02 Oct -Dec assn dues xx16:F.Vly Intrchg 945.00 446.67 1,425.82 Pages apChkLst Final Check List Page: 7 09/01/2011 4:29:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 147514 09/01/2011 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:pd old town 104.82 DIV Misc office supplies:pd old town Printing srvcs:Police Printing srvcs:Police 8.89 89.73 50.51 253.95 147515 09/01/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs: TCSD 150.18 150.18 147516 09/01/2011 007959 ONEIL SOFTWARE INC 8/1/11-7/31/12 software renewal:rcrds 1,266.31 1,266.31 147517 09/01/2011 014011 ONSITE ENERGY HVAC sys energy design:crc 2,600.00 2,600.00 CORPORATION 147518 09/01/2011 001171 ORIENTAL TRADING COMPANY Misc supplies:var special events 84.74 84.74 INC 147519 09/01/2011 004538 PAULEY EQUIPMENT Misc rental equip:var park sites 175.50 COMPANY Equip rental: code enforcement 7/4 333.60 509.10 147520 09/01/2011 001320 PELLETIER, JULIE ee computer purchase prgm 711.36 711.36 147521 09/01/2011 014313 PENA, GINGER C. Street Painting Festival award 6/25/11 200.00 200.00 147522 09/01/2011 001999 PITNEY BOWES Jul -Sep postage meter rental:central 271.60 271.60 147523 09/01/2011 010338 POOL & ELECTRICAL Pool supplies & chemicals:citywide 30.81 30.81 PRODUCTS INC 147524 09/01/2011 005820 PRE -PAID LEGAL SERVICES PrePaid Legal Services Payment 298.95 298.95 INC 147525 09/01/2011 004529 QUAID TEMECULA Jul veh repair & maint:police 587.24 587.24 HARLEY-DAVIDSON 147526 09/01/2011 011020 RAGLAND, JACK Street Painting Festival award 6/25/11 500.00 500.00 147527 09/01/2011 000947 RANCHO REPROGRAPHICS Reproduction srvcs:civic center 35.60 Reproduction srvcs:civic center 9.81 45.41 147528 09/01/2011 009725 RAZAVI, MANDIS TCSD Instructor Eamings 756.00 756.00 147529 09/01/2011 004584 REGENCY LIGHTING Electrical supplies:citywide facilities 209.98 209.98 Page:7 apChkLst Final Check List Page: 8 09/01/2011 4:29:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 147530 09/01/2011 013759 RICE, KENNETH Entertainment: Hot Summer Nights 9/2 147531 09/01/2011 000406 RIVERSIDE CO SHERIFFS 6/2-30/11 law enforcement srvcs DEPT 147532 09/01/2011 012251 ROTH, DONALD J. 147533 09/01/2011 000815 ROWLEY, CATHY 147534 09/01/2011 002226 RUSSO, MARY ANNE TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 600.00 600.00 1,526,027.15 1,526,027.15 252.00 140.00 392.00 336.00 84.00 420.00 525.00 567.00 1,092.00 147535 09/01/2011 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 732.44 732.44 147536 09/01/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 368.30 368.30 CENTRAL 147537 09/01/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 200.00 200.00 CENTRAL 147538 09/01/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 147539 09/01/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 147540 09/01/2011 009213 SHERRY BERRY MUSIC Jazz © the Merc 08/25/11 315.00 315.00 147541 09/01/2011 009746 SIGNS BYTOMORROW public hearing notice signsxx-0056:pin 210.00 "Caution" signs: civic center 43.87 253.87 147542 09/01/2011 004814 SIMON WONG ENGINEERING JUL ENG: MAIN ST BRIDGE INC 147543 09/01/2011 000645 SMART & FINAL INC 4,536.02 4,536.02 Misc supplies:high hopes prgrm 138.86 Artist Hospitality: Theater 62.15 201.01 Pages apChkLst Final Check List Page: 9 09/01/2011 4:29:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 147545 09/01/2011 000537 SO CALIF EDISON 147546 09/01/2011 001212 SO CALIF GAS COMPANY 147547 09/01/2011 000519 SOUTH COUNTY PEST CONTROL INC Description Amount Paid Check Total Aug 2-02-351-4946:Senior Center Aug 2-31-912-7494:28690 Mercedes Aug 2-29-933-3831:43230 Bus prk dr Aug 2-14-204-1615:30027 Front st rdio Aug 2-00-397-5042:43200 Bus prk dr #1 Aug 2-25-393-4681:41951 Moraga rd Aug 2-29-223-8607:42035 2nd St PED Aug 2-31-404-6020:28771 OT front st Aug 2-32-903-8293:41000 Main St Aug 2-31-536-3226:prkg gar,pd,convis Aug 2-00-397-5067:28684 Harveston GS -1 Aug 2-30-520-4414:32781 Tem pkwy LS -3 Aug 2-29-295-3510:32211 Wolf vly rd Aug 2-29-224-0173:Fire Stns Aug 2-29-657-2787:41638 Winchester Aug 2-30-220-8749:45850 N Wolf crk dr Aug 2-29-458-7548:32000 Rncho calif Aug 2-29-953-8082:31523 Wolf vly rd July 2-33-357-5785:44747 Redhawk Aug 2-29-807-1093:28079 Diaz PED Aug 2-31-282-0665:27407 Diaz PED Aug 2-31-419-2873:43000 Hwy -395 Aug 2-29-807-1226:28077 Diaz PED Aug 2-31-031-2616:27991 Diaz PED Aug 2-29-953-8249:46497 Wolf crk PED Aug 2-29-657-2332:45538 Redwood Aug 2-29-953-8447:31738 Wolfvly PED Aug 055-461-2483-4:40135 Village rd Aug 091-024-9300-5:30875 Rncho vista Aug 101-525-1560-6:27415 Enterprise cir Aug 091-085-1632-0:TES pool Aug 129-535-4236-7:Civic Center Aug 021-725-0775-4:Senior Center Aug 133-040-7373-0:Maint Fac Aug 129-582-9784-3:43230 Bus prk dr Aug 181-383-8881-6:Museum Aug 101-525-0950-0:Comm Ctr Aug 026-671-2909-8:Comm Theater 2,385.27 649.12 2,389.39 40.50 1,812.61 846.80 530.23 1,820.64 25,485.31 1,794.38 2,049.38 662.27 1,566.64 2,861.90 21.26 546.14 239.29 26.38 27.69 24.29 25.50 23.79 24.29 24.53 22.67 22.49 21.99 19.69 678.53 76.90 50.21 340.72 72.06 22.44 68.81 17.04 34.30 27.84 Pest control srvcs:O.A.T.C. 48.00 Pest control srvcs: code enforcement Jul pest control srvcs: var parks/hary Aug pest control srvcs: var parks/hary Pest control srvcs:fire station 73 1,076.00 493.00 493.00 48.00 45,944.75 1,408.54 2,158.00 Page9 apChkLst Final Check List Page: 10 09/01/2011 4:29:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 147551 09/01/2011 007762 STANDARD INSURANCE COMPANY 147552 09/01/2011 012723 STANDARD INSURANCE COMPANY 147553 09/01/2011 003599 T Y LIN INTERNATIONAL 147554 09/01/2011 000305 TARGET BANK BUS CARD SRVCS Description Amount Paid Check Total Mandatory Life Insurance Payment Voluntary Supp Life Insurance Payment 5/28-7/1/11 dsgn srvcs:w. bypass bridge Misc supplies:9/11 event 9,016.67 9,016.67 740.80 740.80 1,605.56 1,605.56 61.30 Misc supplies:aquatics pgrm 78.98 Misc supplies:children's museum 147555 09/01/2011 001547 TEAMSTERS LOCAL 911 Union Dues Payment 110.04 250.32 4,637.00 4,637.00 147556 09/01/2011 000306 TEMECULA VALLEY PIPE & Misc supplies:csd maint 21.57 SUPPLY Misc supplies:csd maint 1.11 22.68 147557 09/01/2011 014388 TICE INDUSTRIES, INC. Entry door heat handles:PW CIP 1,535.00 1,535.00 147558 09/01/2011 000325 UNITED WAY United Way Charities Payment 63.00 63.00 147559 09/01/2011 014094 URBAN CROSSROADS, INC. Jul consulting srvcs:maravilla proj 1,337.50 1,337.50 147560 09/01/2011 014374 VARIETY ARTISTS INT'L, INC. Hot Summer Nights Performance 7/29 550.00 550.00 147561 09/01/2011 004261 VERIZON Aug xxx-2676 general usage 36.90 Aug xxx-5696 gen usage:Sports complex 36.90 Aug xxx-5706 general usage 147.62 Aug xxx-3526 gen usage:Fire alarm 110.71 Aug xxx-2016 gen usage:Reverse 911 121.77 453.90 147562 09/01/2011 004789 VERIZON ONLINE Aug Internet svcs:Harveston Ctr 80.41 80.41 147563 09/01/2011 009031 VYLANI'S POLYNESIAN Entertainment:high hopes pgrm 8/19 200.00 DANCERS Entertainment:mpsc event 8/18 200.00 400.00 147564 09/01/2011 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES:CITY FAC'S 2,745.55 2,745.55 147565 09/01/2011 000621 WESTERN RIVERSIDE Jul '11 TUMF Payment 53,238.00 53,238.00 COUNCIL OF 147566 09/01/2011 000621 WESTERN RIVERSIDE FY11/12 Solid Waste Co-op Dues COUNCIL OF 5,459.21 5,459.21 Page:10 apChkLst Final Check List Page: 11 09/01/2011 4:29:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 147567 09/01/2011 008402 WESTERN RIVERSIDE COUNTY 147568 09/01/2011 000230 WILLDAN FINANCIAL SERVICES 147569 09/01/2011 014406 ZARAGOZA, MARIA Description Amount Paid Check Total Jul '11 MSHCP payment 11,628.00 11,628.00 Jul -Sept assessment eng srvcs:csd 5,916.64 5,916.64 refund:sec dep:harveston ctr:mpr 200.00 200.00 Grand total for UNION BANK OF CALIFORNIA: 3,217,278.61 Pagel 1 apChkLst Final Check List Page: 12 09/01/2011 4:29:32PM CITY OF TEMECULA 145 checks in this report. Grand Total All Checks. 3,217,278.61 Page:12 Item No. 4 Approvals City Attorney Director of Finance City Manager OCL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: September 13, 2011 SUBJECT: City Treasurer's Report as of July 31, 2011 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of July 31, 2011. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of July 31, 2011. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of July 31, 2011 Investments Par Value City of Temecula, California Portfolio Management Portfolio Summary July 31, 2011 Market Value Book %of Value Portfolio Term City of Temecula 43200 Business Park Drive P.Q. BoX 9033 Temecula, CA, 92590 (951)694-6430 Days to YTM YTM Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investments 66,494,026.84 1.00 45,964,1 75.41 23,000,000.00 13,000,000.00 148,458,203.25 66,494,026.84 1.00 46,016,838.86 23,252,040.00 13,1 76,320.00 66,494,026.84 1.00 45,964,1 75.41 23,000,000.00 12,986,640.00 44.79 0.00 30.96 15.49 8.75 148, 939,226.70 148,444,843.25 100.00% 1 1 1 1,334 1,100 1 1 1 991 479 0.247 0.000 0.3 76 1.726 1.791 0.250 0.000 0.381 1.750 1.816 304 196 0.651 0.660 Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 1,114,123.50 149,572,326.75 1,114,123.50 1,114,123.50 150, 053,350.20 149,558,966.75 1 1 0.000 0.000 304 196 0.651 0.660 Total Earnings July 31 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return 91,823.80 153,812, 037.24 0.70% Reporting period 07/01/2011-07/31/2011 Run Date: 08/29/2011 -10:30 91,823.80 153,812, 037.24 0.70% Portfolio TEME CP PM (PRF_PM1) SymRept6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2011 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 6003-2 CITY COP RE2 ASSURED GUARANTY 1.00 1.00 1.00 1.000 0.986 1.000 1 104348008-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BON D3 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAX1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMW D 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BON D2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006-2 03-6 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510-2 88-12 BON D2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 1 2221 6003-4 CITY COP RE4 First American Treasury 730.91 730.91 730.91 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 1 2221 600 0-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INTI First American Treasury 640,708.13 640,708.13 640,708.13 0.000 0.000 1 94 43 41 61-2 RDA 02 PRIN2 First American Treasury 505,000.00 505,000.00 505,000.00 0.000 0.000 1 Run Date: 08129!2011 - 10:30 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2011 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886008-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2011 260,000.00 260,000.00 260,000.00 0.000 0.000 1 107886000-2 RDA 06A INT2 First American Treasury 368,518.13 368,518.13 368,518.13 0.000 0.000 1 107886018-3 RDA 06B CIP3 First American Treasury 88,165.37 88,165.37 88,165.37 0.000 0.000 1 107886010-2 RDA O6B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,115.00 202,115.00 202,115.00 0.000 0.000 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886028-2 RDA 07 PROJ2 First American Treasury 3,495.47 3,495.47 3,495.47 0.000 0.000 1 107886026-2 RDA 07 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 SYSRDA 10 DS 1 RDA 10 DS 1 First American Treasury 5,000.00 5,000.00 5,000.00 0.000 0.000 1 SYSRDA 10A CIP2 RDA 10A CIP2 First American Treasury 07/01/2011 19,394.96 19,394.96 19,394.96 0.000 0.000 1 136343001-2 RDA 10A-INT1 First American Treasury 07/28/2011 250,000.00 250,000.00 250,000.00 0.000 0.000 1 136343018-2 RDA 10B CIP2 First American Treasury 07/01/2011 2,531.10 2,531.10 2,531.10 0.000 0.000 1 136343000-1 RDA 106-INT1 First American Treasury 07/01/2011 500,297.40 500,297.40 500,297.40 0.000 0.000 1 94432360-2 TCSD COP INT First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 440,918.17 440,918.17 440,918.17 0.100 0.099 0.100 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 202,972.99 202,972.99 202,972.99 0.100 0.099 0.100 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 813,812.99 813,812.99 813,812.99 0.100 0.099 0.100 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 15,122.14 15,122.14 15,122.14 0.100 0.099 0.100 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 76.77 76.77 76.77 0.100 0.099 0.100 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 864,941.05 864,941.05 864,941.05 0.100 0.099 0.100 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 223,218.67 223,218.67 223,218.67 0.100 0.099 0.100 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 811,483.39 811,483.39 811,483.39 0.100 0.099 0.100 1 786776006-5 03-06 RES11 Federated Tax Free Obligations 338,282.17 338,282.17 338,282.17 0.100 0.099 0.100 1 786776000-5 03-06SPTAX11 Federated Tax Free Obligations 252,212.96 252,212.96 252,212.96 0.100 0.099 0.100 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 1,085.06 1,085.06 1,085.06 0.100 0.099 0.100 1 793593009-5 03-2 EMW D11 Federated Tax Free Obligations 5,189.65 5,189.65 5,189.65 0.100 0.099 0.100 1 793593016-5 03-2 LOC1 1 Federated Tax Free Obligations 1,243,689.09 1,243,689.09 1,243,689.09 0.100 0.099 0.100 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 4,812.47 4,812.47 4,812.47 0.100 0.099 0.100 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 368.03 368.03 368.03 0.100 0.099 0.100 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 1,101,420.00 1,101,420.00 1,101,420.00 0.100 0.099 0.100 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 1,143.61 1,143.61 1,143.61 0.100 0.099 0.100 1 744727006-5 03-3 RES11 Federated Tax Free Obligations 2,173,736.34 2,173,736.34 2,173,736.34 0.100 0.099 0.100 1 744727011-5 03-3ACQ11 Federated Tax Free Obligations 67,927.29 67,927.29 67,927.29 0.100 0.099 0.100 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 5,515.38 5,515.38 5,515.38 0.100 0.099 0.100 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 4,076.74 4,076.74 4,076.74 0.100 0.099 0.100 1 94686000-5 03-4 RED11 Federated Tax Free Obligations 85,425.53 85,425.53 85,425.53 0.100 0.099 0.100 1 Run Date: 08/29/2011 - 10:30 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2011 Page 4 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 94686006-5 03-4 RES11 Federated Tax Free Obligations 96,583.74 96,583.74 96,583.74 0.100 0.099 0.100 1 744727000-5 03-SSPTAX11 Federated Tax Free Obligations 1,632,617.99 1,632,617.99 1,632,617.99 0.100 0.099 0.100 1 146161000-5 146161000-5 Federated Tax Free Obligations 07/27/2011 454,064.12 454,064.12 454,064.12 0.100 0.099 0.100 1 1 461 61 006-5 RDA 11 DS11 Federated Tax Free Obligations 1,308,275.83 1,308,275.83 1,308,275.83 0.100 0.099 0.100 1 146161008-5 RDA 11ACIP11 Federated Tax Free Obligations 14,971,442.89 14,971,442.89 14,971,442.89 0.100 0.099 0.100 1 1 461 61 009-5 RDA 11ACO111 Federated Tax Free Obligations 9,556.21 9,556.21 9,556.21 0.100 0.099 0.100 1 94432363 02001 Financial Security Assurance 07/01/2011 1.00 1.00 1.00 0.000 0.000 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 28,841,450.13 28,841,450.13 28,841,450.13 0.381 0.376 0.381 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 1,568,028.61 1,568,028.61 1,568,028.61 0.381 0.376 0.381 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 0.00 0.00 0.00 0.381 0.376 0.381 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 289,607.38 289,607.38 289,607.38 0.381 0.376 0.381 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,621,938.85 3,621,938.85 3,621,938.85 0.381 0.376 0.381 1 1 2221 600 8 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.381 0.376 0.381 1 122216003-1 CITY COP RE1 CA Local Agency Investment Fun 794,679.32 794,679.32 794,679.32 0.381 0.376 0.381 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.381 0.376 0.381 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.381 0.376 0.381 1 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.381 0.376 0.381 1 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.381 0.376 0.381 1 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 293,486.85 293,486.85 293,486.85 0.381 0.376 0.381 1 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 1,108,903.96 1,108,903.96 1,108,903.96 0.381 0.376 0.381 1 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDA TABS RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 SYS95453516-1 95453516-1 USBANK 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 Subtotal and Average 63,627,095.73 66,494,026.84 66,494,026.84 66,494,026.84 0.247 0.250 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2011 Subtotal and Average 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 412,783.96 412,783.96 412,783.96 0.381 0.376 0.381 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 3,899,732.57 3,899,732.57 3,899,732.57 0.381 0.376 0.381 1 744727011-1 03-3 ACQ2 CA Local Agency Investment Fun 931,159.10 931,159.10 931,159.10 0.381 0.376 0.381 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.381 0.376 0.381 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.381 0.376 0.381 1 SYSCITY CITY CA Local Agency Investment Fun 15,259,823.03 15,283,879.68 15,259,823.03 0.381 0.376 0.381 1 SYSRDA RDA CA Local Agency Investment Fun 13,266,853.63 13,287,768.43 13,266,853.63 0.381 0.376 0.381 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 1,267,267.93 1,267,267.93 1,267,267.93 0.381 0.376 0.381 1 Run Date: 08/29/2011 - 10:30 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2011 Average Purchase Investment# Issuer Balance Date Par Value Page 5 Stated YTM YTM Days to Maturity Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 549.26 549.26 549.26 0.381 0.376 0.381 1 SYSRDA 10 CIP 1 RDA 10B CIP1 CA Local Agency Investment Fun 6,046,747.83 6,046,747.83 6,046,747.83 0.381 0.376 0.381 1 SYSTCSD TCSD CA Local Agency Investment Fun 4,879,258.10 4,886,950.10 4,879,258.10 0.381 0.376 0.381 1 Subtotal and Average 54,260,466.23 45,964,175.41 46,016,838.86 45,964,175.41 0.376 0.381 1 Federal Agency Callable Securities 31331J2P7 01156 Federal Farm Credit Bank 11/17/2010 1,000,000.00 1,002,390.00 1,000,000.00 1.250 1.233 1.250 1,204 11/17/2014 31331J4T7 01159 Federal Farm Credit Bank 12/16/2010 1,000,000.00 1,002,520.00 1,000,000.00 1.350 1.332 1.350 868 12/16/2013 31331KPN4 01169 Federal Farm Credit Bank 06/27/2011 1,000,000.00 999,720.00 1,000,000.00 1.050 1.036 1.050 1,061 06/27/2014 3133XVF63 01147 Federal Home Loan Bank 10/26/2009 1,000,000.00 1,004,450.00 1,000,000.00 2.100 2.071 2.100 634 04/26/2013 3133724V3 01158 Federal Home Loan Bank 12/30/2010 1,000,000.00 1,002,810.00 1,000,000.00 1.125 1.110 1.125 882 12/30/2013 313372NX8 01165 Federal Home Loan Bank 02/28/2011 1,000,000.00 1,008,830.00 1,000,000.00 2.000 1.973 2.000 1,215 11/28/2014 313372VP6 01167 Federal Horne Loan Bank 03/23/2011 1,000,000.00 1,005,620.00 1,000,000.00 1.250 1.233 1.250 875 12/23/2013 3134G1Y65 01162 Federal Home Loan Mtg Corp 01/25/2011 1,000,000.00 1,009,800.00 1,000,000.00 1.500 1.479 1.500 1,089 07/25/2014 3134G1Y99 01163 Federal Horne Loan Mtg Corp 02/08/2011 1,000,000.00 1,005,390.00 1,000,000.00 1.650 1.627 1.650 1,103 08/08/2014 3134G2NK4 01170 Federal Home Loan Mtg Corp 07/11/2011 1,000,000.00 1,002,160.00 1,000,000.00 1.125 1.110 1.125 1,075 07/11/2014 3134G2RX2 01173 Federal Horne Loan Mtg Corp 07/25/2011 1,000,000.00 1,001,830.00 1,000,000.00 1.200 1.184 1.200 1,089 07/25/2014 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,115,060.00 2,000,000.00 4.000 3.945 4.000 588 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,058,960.00 1,000,000.00 4.000 3.945 4.000 604 03/27/2013 3136FJNN7 01148 Federal National Mtg Assn 11/18/2009 1,000,000.00 1,003,830.00 1,000,000.00 2.000 1.973 2.000 1,205 11/18/2014 3136FPNTO 01153 Federal National Mtg Assn 10/18/2010 1,000,000.00 1,000,250.00 1,000,000.00 0.625 0.616 0.625 809 10/18/2013 3136FPPR2 01154 Federal National Mtg Assn 10/14/2010 1,000,000.00 1,001,190.00 1,000,000.00 1.150 1.134 1.150 987 04/14/2014 3136FPQV2 01155 Federal National Mtg Assn 10/28/2010 1,000,000.00 1,001,270.00 1,000,000.00 1.000 1.601 1.623 911 01/28/2014 3136FPZD2 01157 Federal National Mtg Assn 12/03/2010 1,000,000.00 1,002,860.00 1,000,000.00 1.125 1.110 1.125 1,220 12/03/2014 31398A7A4 01160 Federal National Mtg Assn 12/30/2010 1,000,000.00 1,003,330.00 1,000,000.00 1.300 1.282 1.300 882 12/30/2013 31398A7L0 01161 Federal National Mtg Assn 01/24/2011 1,000,000.00 1,004,680.00 1,000,000.00 1.450 1.430 1.450 907 01/24/2014 3136FRZQ9 01171 Federal National Mtg Assn 07/20/2011 1,000,000.00 1,005,170.00 1,000,000.00 1.250 1.233 1.250 1,176 10/20/2014 3136FRB44 01172 Federal National Mtg Assn 07/22/2011 1,000,000.00 1,009,920.00 1,000,000.00 2.125 2.096 2.125 1,817 07/22/2016 Subtotal and Average 21,483,870.97 23,000,000.00 23,252,040.00 23,000,000.00 1.726 1.750 991 Federal Agency Bullet Securities 31331Y3P3 01105 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,005,660.00 998,140.00 3.500 3.514 3.563 63 10/03/2011 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,034,470.00 997,500.00 2.250 2.284 2.316 728 07/29/2013 31331GG37 01137 Federal Farm Credit Bank 08/04/2009 1,000,000.00 1,026,210.00 1,000,000.00 2.150 2.121 2.150 553 02/04/2013 31331GZ44 01144 Federal Farm Credit Bank 10/15/2009 1,000,000.00 1,014,090.00 1,000,000.00 1.550 1.529 1.550 441 10/15/2012 31331KCA6 01164 Federal Farm Credit Bank 02/10/2011 1,000,000.00 1,016,340.00 1,000,000.00 1.375 1.356 1.375 924 02/10/2014 3133XSWM6 01124 Federal Home Loan Bank 01/23/2009 1,000,000.00 1,008,560.00 1,000,000.00 2.100 2.071 2.100 175 01/23/2012 3133XTN85 01125 Federal Horne Loan Bank 05/07/2009 1,000,000.00 1,003,490.00 1,000,000.00 1.500 1.479 1.500 98 11/07/2011 Run Date: 08/29/2011 - 10:30 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2011 Page 6 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Bullet Securities 3133XTXC5 01130 Federal Horne Loan Bank 06/11/2009 1,000,000.00 1,016,320.00 1,000,000.00 2.250 2.219 2.250 315 06/11/2012 3133XVEM9 01150 Federal Home Loan Bank 11/04/2009 1,000,000.00 1,016,290.00 1,000,000.00 1.625 1.603 1.625 478 11/21/2012 3133XVRS2 01151 Federal Horne Loan Bank 11/16/2009 1,000,000.00 1,003,300.00 999,750.00 1.000 0.998 1.012 149 12/28/2011 313372UH5 01166 Federal Home Loan Bank 03/15/2011 1,000,000.00 1,012,750.00 1,000,000.00 1.125 1.110 1.125 774 09/13/2013 313374CZ1 01168 Federal Horne Loan Bank 06/22/2011 1,000,000.00 1,004,650.00 1,000,000.00 1.000 0.986 1.000 1,148 09/22/2014 31398AYM8 01139 Federal National Mtg Assn 08/10/2009 1,000,000.00 1,014,190.00 991,250.00 1.750 2.024 2.052 375 08/10/2012 Subtotal and Average 13,437,801.29 13,000,000.00 13,176,320.00 12,986,640.00 1.791 1.816 479 Run Date: 08/29/2011 - 10:30 Total and Average 153,812,037.24 148,458,203.25 148,939,226.70 148,444,843.25 0.651 0.660 196 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash July 31, 2011 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 7 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2011 2,810.00 2,810.00 2,810.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2011 21,696.57 21,696.57 21,696.57 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 1,080,867.93 1,080,867.93 1,080,867.93 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2011 8,749.00 8,749.00 8,749.00 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 153,812,037.24 Run Date: 08/29/2011 - 10:30 149, 572,326.75 150, 053, 350.20 149,558, 966.75 0.651 0.660 196 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Cash and Investments Report CITY OF TEMECULA Through July 31, 2011 Fund Total 001 GENERAL FUND $ 29,949,821.90 100 STATE GAS TAX FUND 701,386.74 101 STATE TRANSPORTATION FUND 39.30 120 DEVELOPMENT IMPACT FUND 5,009,370.92 150 AB 2766 FUND 615,574.37 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 28,877,050.60 170 MEASURE A FUND 8,585,808.03 190 TEMECULA COMMUNITY SERVICES DISTRICT 1,446,446.40 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 6,631.90 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 70,033.03 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 4,635.17 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 233,480.87 197 TEMECULA LIBRARY FUND 573,512.95 210 CAPITAL IMPROVEMENT PROJECT FUND 13,804,079.10 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 4,327,715.44 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 999,086.39 277 CFD-RORIPAUGH 30,416,897.06 280 REDEVELOPMENT AGENCY - CIP PROJECT 322,840.92 300 INSURANCE FUND 617,579.31 310 VEHICLES FUND 985,206.78 320 INFORMATION TECHNOLOGY 635,891.94 330 SUPPORT SERVICES 373,871.60 340 FACILITIES 253,100.23 370 CITY 2008 COP'S DEBT SERVICE 796,468.35 380 RDA DEBT SERVICE FUND 3,386,466.03 390 TCSD 2001 COP'S DEBT SERVICE 176.80 460 CFD 88-12 DEBT SERVICE FUND 84,402.62 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,538,448.68 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,973,324.27 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 204,860.15 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 4,187,254.64 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 634,545.62 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 7,363,531.09 501 SERVICE LEVEL "C" ZONE 1 SADDLEWOOD 12,501.39 502 SERVICE LEVEL "C" ZONE 2 WINCHESTER 50,372.98 503 SERVICE LEVEL "C" ZONE 3 RANCHO HIGHLAND 34,125.09 504 SERVICE LEVEL "C" ZONE 4 VINEYARDS 2,397.31 505 SERVICE LEVEL "C" ZONE 5 SIGNET 9,889.42 506 SERVICE LEVEL "C" ZONE 6 WOODCREST 12,489.97 507 SERVICE LEVEL "C" ZONE 7 RIDGEVIEW 4,118.76 508 SERVICE LEVEL "C" ZONE 8 VILLAGE GROVE 26,647.30 509 SERVICE LEVEL "C" ZONE 9 RANCHO SOLANA 11,960.08 510 SERVICE LEVEL "C" ZONE 10 MARTINIQUE 6,111.81 511 SERVICE LEVEL "C" ZONE 11 MEADOWVIEW 976.08 512 SERVICE LEVEL "C" ZONE 12 VINTAGE HILLS 33,377.84 513 SERVICE LEVEL "C" ZONE 13 PRESLEY DEVELOPMENT 4,143.60 514 SERVICE LEVEL "C" ZONE 14 MORRISON HOMES 2,730.59 515 SERVICE LEVEL "C" ZONE 15 BARCLAY ESTATES 1,891.60 516 SERVICE LEVEL "C" ZONE 16 TRADEWINDS 67,413.54 517 SERVICE LEVEL "C" ZONE 17 MONTE VISTA 790.18 518 SERVICE LEVEL "C" ZONE 18 TEMEKU HILLS 21,534.31 519 SERVICE LEVEL "C" ZONE 19 CHANTEMAR 56,113.18 520 SERVICE LEVEL "C" ZONE 20 CROWNE HILL 147,257.54 521 SERVICE LEVEL "C" ZONE 21 VAIL RANCH 118,366.44 522 SERVICE LEVEL "C" XONE 22 SUTTON PLACE 686.25 523 SERVICE LEVEL "C" ZONE 23 PHEASENT RUN 9,501.58 524 SERVICE LEVEL "C" ZONE 24 HARVESTON 164,875.03 525 SERVICE LEVEL "C" ZONE 25 SERENA HILLS 21,676.62 526 SERVICE LEVEL "C" ZONE 26 GALLERYTRADE 567.92 527 SERVICE LEVEL "C" ZONE 27 AVONDALE 722.63 528 SERVICE LEVEL "C" ZONE 28 WOLF CREEK 213,717.31 529 SERVICE LEVEL "C" ZONE 29 GALLERYPORT 4,114.20 530 SERVICE LEVEL "C" ZONE 30 FUTURE ZONES 32,740.45 Grand Total: $ 150,053,350.20 Item No. 5 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 13, 2011 SUBJECT: Award a Construction Contract for the Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System, Project No. PW05-11 PREPARED BY: Amer Attar, Principal Engineer Jon Salazar, Associate Engineer- CIP RECOMMENDATION: That the City Council: 1. Award a construction contract for the Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System, Project No. PW05-11 to Bowcon Company, Inc. in the amount of $601,768.12; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $60,176.81 which is equal to 10% of the contract amount; 3. Authorize the payment of the Multi Species Habitat Conservation Plan (MSHCP) fees to the Regional Conservation Authority (RCA), based on the current fee schedule for Fiscal Year 2011-2012, of an amount not to exceed $10,000.00. BACKGROUND: On July 26, 2011, the City Council approved the Plans and Specifications and authorized staff to solicit construction bids for the Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System project, Project No. PW05-11. The work for the Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System project consists of the construction of a prefabricated, single -span steel truss bridge spanning approximately 150' over Santa Gertrudis Creek, including reinforced concrete bridge abutments, concrete access paths and ramps, welded steel handrailings, chain link fencing and gates, masonry block retaining walls, and drainage facilities. On Tuesday, August 16, 2011, fourteen (14) bids were electronically opened and publicly posted on the City's on-line bidding service, PlanetBids. The results were as follows: 1. Bowcon Company, Inc. $ 601,768.12 2. Excavating Engineers $ 622,599.14 3. Sepulveda Construction $ 653,025.12 4. Los Angeles Engineering $ 711,791.00 5. Peterson -Chase Engineering Construction $ 847,988.00 R.J. Bullard Construction Non-responsive 4 -Con Engineering Non-responsive KIP, Inc. Non-responsive LB Civil Construction Non-responsive Riverside Construction Non-responsive Griffith Company Non-responsive Anchor Construction and Engineering Non-responsive Metro Builders and Engineers Group Non-responsive Bravo Concrete Construction Services Non-responsive Staff has deemed the bids submitted by R.J. Bullard Construction, 4 -Con Engineering, KIP, Inc., LB Civil Construction, Riverside Construction, Griffith Company, Anchor Construction and Engineering, Metro Builders and Engineers Group, and Bravo Concrete Construction Services as non-responsive due to the fact that the City did not receive their original bid bonds within the 24-hour period as required by the project Specifications, "Notice Inviting Bids," Section 7, "Instructions to Bidders," Section 2, and "Proposal," Item No. "i." Staff has reviewed the bids and found Bowcon Company to be the lowest responsible bidder. Bowcon Company has public contracting experience and has successfully undertaken similar projects for other public agencies in Southern California. The Engineer's Estimate for the work is $1,150,000.00. The project specifications allow for a work schedule of 100 working days. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. The Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System project is being constructed outside the public right-of-way. Per the current schedule for Fiscal Year 2011-2012, the fee is $6,597 per acre. Based on input from RCA and the estimated amount of disturbance to previously undeveloped area, the fee is not anticipated to exceed $10,000.00. FISCAL IMPACT: The Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System project is funded with AB 2766, DIF (Open Space/Trails), Reimbursement/Other (Harveston Contribution), Safe Routes to School, and SB 821 funds. Adequate funds are available in the project account to cover the requested construction budget of $661,944.93, which includes the $601,768.12 contract plus the 10% contingency of $60,176.81 and the MCHCP fee to RCA for an amount not exceed $10,000. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL AND CITY TRAIL SYSTEM PROJECT NO. PW05-11 THIS CONTRACT, made and entered into the 13th day of September, 2011 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Bowcon Company, Inc. hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL AND CITY TRAIL SYSTEM, PROJECT NO. PW05-11, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL AND CITY TRAIL SYSTEM, PROJECT NO. PW05-11. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL AND CITY TRAIL SYSTEM, PROJECT NO. PW05-11. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but riot in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL AND CITY TRAIL SYSTEM, PROJECT NO. PW05-11 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: SIX HUNDRED ONE THOUSAND SEVEN HUNDRED SIXTY EIGHT DOLLARS and TWELVE CENTS ($601,768.12), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed "One Hundred" (100) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY OF TEMECULA, TEMECULA COMMUNITY SERVICES DISTRICT, and/or TEMECULA REDEVELOPMENT AGENCY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CONTRACTOR. The CONTRACTOR shall defend and indemnify (including the appointment of competent defense counsel) the CITY from any claims, demands, legal proceedings, writs of mandate, and the like, initiated by any third parties challenging the award of this Contract to the CONTRACTOR. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Greg Butler Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: Greg Butler Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Bowcon Company, Inc. 1330 S. Escondido Blvd. Escondido, CA 92025 (760) 317-5960 By: Kelli Bowman President By: Dennis Bowman Vice President (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: Ron Roberts, Mayor CITY OF MMECULA PEDESTRIAN / BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL AND CITY TRAIL SYSTEM Infrastructure J Other Project Protect Description: Design and construct an approximately 200 foot pedestrian/bicycle bridge from Margarita Road, near Harveston Way, over Santa Gertrudis Creek to Chaparral High School and the City's trail system on the south side of Santa Gertrudis Creek. Project will consist of a planning study, the establishment of easements, environmental review, and Flood Control District approval. Benefit: Project will provide a safe route for pedestrians and bicyclists to access Chaparral High School and the Santa Gertrudis Multi -Purpose Trail from Margarita Road. Project Status: The design is near completion, and Califomia Department of Transportation (Caltrans) is reviewing the final environmental report. This project is estimated to be complete by end of fiscal year 2012. Department: Public Works -Account No. 210.165.738 Priority: I Project Cost: Actuals to Date Future Total 2011-12 2012-13 2013-14 2014-15 2015-16 Years Project Cost Administration $198,419 $ 65,000 $ 263,419 Acquisition $ 4,408 $ 253,988 $ 4,408 Construction $ 1,150,000 $ 1,150,000 Construction $150,000 $ 150,000 Engineering $ 20,000 $ 20,000 Design $172,641 $ 3,919 $ 176,560 MSHCP $ 6,483 $ 51,017 $ - $ - $ - $ - $ - $ 57,500 Totals $381,951 $1,289,936 $ - $ - $ - $ - $ - $ 1,671,887 Source of Funds: Actuals to Date Future Total 2011-12 2012-13 2013-14 2014-15 2015-16 Years Project Cost AB 2766 $ 478,698 $ 478,698 DIF (Open SpacelTrails) $231,951 $ 253,988 $ 485,939 Reimbursement/Other (I-brveston Contribution) $150,000 $ 150,000 SRTS $ 425,250 $ 425,250 SB821 $ 132,000 $ 132,000 Total Funding: $381,951 $ 1,289,936 $ - $ - $ - $ - $ - $ 1,671,887 Future Operation & Maintenance Costs: 2011-12 2012-13 2013-14 2014-15 2015-16 $ 5,000 $ 5,100 $ 5,202 $ 5,306 $ 5,412 107 PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL AND CITY TRAIL SYSTEM Infrastructure / Other Project Location ':, Aerial Data - March 2010 0 250 Feet 500 106 Item No. 6 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 13,2011 SUBJECT: Award of a Construction Contract for the Community Recreation Center (CRC) Energy Management and Retrofit, ProjectNo. PW11-05 PREPARED BY: David McBride, Senior Engineer Bill McAteer, Construction Manager RECOMMENDATION: That the City Council: 1. Award the construction contract for the CRC Energy Management and Retrofit Project No. PW11-05, to Golden Arrow Engineering, Inc., inclusive of the base bid and additive bid 1 parts B& C, in the amount of $342,000.00 and accept parts D & E unit prices only, 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $34,200.00which is equal to 10% of the contract amount, 3. Authorize the transfer of $31,200 from the Energy Efficiency and Conservation Block Grant (EECBG) account number 131-199-999-5250 to the CRC Energy Management and Retrofit account number 210-190-152-5804, 4. Authorize the transfer of $30,982 from City Facilities Rehabilitation account number 210- 165-701-5804 to the CRC Energy Management and Retrofit account number 210-190- 152-5804, 5. Make a finding that the CRC Energy Management and Retrofit Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: As part of the American Recovery and Reinvestment Act (ARRA) of 2009, funding was made available to State, County and Local governments for job creation and development of energy efficiency programs and projects. The City of Temecula obtained an energy efficiency grant in the amount of $940,700 through a Department of Energy program entitled"Energy Efficiency and Conservation Block Grant" (EECBG) to develop an energy efficiency and conservation program and a portion of this total amount ($344,576 or 37%) was designated for retrofiting the CRC HVAC system with new energy efficiency units. The scope of this project involves the replacement of 21 HVAC units on the main CRC building (base bid), the replacement of the Gymnasium HVAC unit and computerizing the energy management control and programming for the CRC building and Gymnasium (the later two being additive bid items). The estimated annual energy reduction for the new CRC HVAC units is 105,000 kilowatt hours (the cost ofa kilowatt hour ranges from $0.075 to $0.15) and withthe improved control and programming a much greater annual reduction will be achieved. It is also important to note that by replacing the existing units onthe CRC building, which are nearing the end of their useful lives, the City will enjoy lower annual maintenance costs. The total construction budget for the project was $314,000. The project was bid as a base bid and one additive bid item (no. 1) in five parts (items A through E) with the intention of providing the necessary budget and work scope flexibility (e.g., items D & E establish unit costs only).The project calls for a specific construction period between March 19`" and May 21st of 2012 to coordinate this work with replacement of the roofing at CRC.The replacement of the roofing is being delayed until March 19, 2012 to avoid the rainy season. On May 24, 2011, the City Council approved the plans and specifications and authorized staff to solicit construction bids. As part of the bid process, a pre-bid meeting was undertaken with interested contractors. Staff was aware of at least three qualified contractors interested in the project during the bid process; however no bids were recevied by the August 11, 2011 deadline. Staff contacted each of three qualified contractors involved in the pre-bid meeting to determine why they did not submit a bid. Of the two contractors, who intended to submit a bid (the third was too busy), the specified supplier/manuafacturerof the HVAC units was late in supplying them with a price for the workthereby making it impossible for them to meet the bid deadline. In accordance with Public Contract Code Section 22038 (c), when no bids are received in the formal bid process, the City can complete the workwith its own forces or negotiate a contract for the necessary work without further complying with the formal bid process. Staff considered (1) rebidding the project and (2) allowing the two interested bidders to submit their bids late for award consideration.ln considering rebidding the project, there were no reasons to think that the City would receive a lower price,provided competition is maintained. In addition, the City would incur additional costs and it would take another one and one-half months to be in a postion to award a contract. This time delaycould also impact a date specific performance requirement of the grant funding for the project (the City must obligate the funds by September 24, 2011). Accordingly, in an effort to maintain fairness in selecting a firm to negotiate with staffrequested that the two interested bidders submit their bids and would subsequently negotiate and award a contract to what would be the lowest responsible bidder based on the base bid amount. The two base bids received were as follows: 1. Golden Arrow Engineering, Inc. 2. Alpha Mechanical Inc. $250,000 $278,520 Based on the submitted information Golden Arrow Engineering, Inc. would have been found to be the lowest responsible bidder. In addition, Golden ArrowEngineering Inc.'sprices for all additive bid itemswere consistently lower than Alpha Mechanical Inc.'s prices and compared favorably to the estimated costs. Therfore, Staff's recommendation is to awardto Golden Arrow Engineering Inc. the replacement of the HVAC units of the main CRC building (base bid) at $250,000, Direct Digital Control (DDC) for the CRC (addtive bid 1 part B) at $82,000, DDC control for the gymnasium HVAC unit (addtive bid 1 part c) at $10,000 for a total cost of $342,000. To fully fund this project a transfer of $31,200in available EECBG funds and $30,982 from the City Facilities Rehabiliatiion project funds is necessary. The Engineer's Estimate for the work is $345,000.00. All design work and permitting will be completed by March 1, 2012. The physical work at the community recreation center will be undertaken, between March 19, 2012 and May 21, 2012. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. The CRC enegry management and retrofit project consists of modifications to existing improvements and falls within existing right of way with no new disturbed areas subject to MSHCP fees and therefore the project is exempt per RCA guidelines. FISCAL IMPACT: TheCommunity Recreation Center (CRC) Energy Management and Retrofit Project is included in the City's FY 2012-16 Capital Improvement Program (CIP) budget and is funded with Energy Efficiency and Conservation Block Grant (EECBG). With the transfer of (1) $31,200 from EECBG (Other — Outside Service) account number 131.199.999.5250,and (2) $30,982 from City Facilities Rehabiliation acccount number 210.165.170.5804, funded by Capital Project Reserves, to theCommunity Recreation Center (CRC) Energy Management and Retrofit Project account number 210.190.152.5804, adequate funds will be available in the project account. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location Map CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT FOR COMMUNITY CENTER RECREATION (CRC) ENERGY MANAGEMENT AND RETROFIT PROJECT NO. PW11-05 THIS CONTRACT, made and entered into the 13th day of September , 2011 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Golden Arrow Engineering, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled COMMUNITY RECREATION CENTER (CRC) ENERGY MANAGEMENT AND RETROFIT, PROJECT NO. PW11-05, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for COMMUNITY RECREATION CENTER (CRC) ENERGY MANAGEMENT AND RETROFIT, PROJECT NO. PW11-05. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for COMMUNITY RECREATION CENTER (CRC) ENERGY MANGEMENT AND RETROFIT, PROJECT NO. PW11-05. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but riot in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: COMMUNITY CENTER RECREATION (CRC) ENERGY MANAGEMENT AND RETROFIT PROJECT NO. PW11-05 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: THREE HUNDRED FORTY TWO THOUSAND DOLLARS and NO CENTS ($342,000.00), the total amount of the base bid and additive bid 1 parts B & C. The City accepts parts D & E unit prices only. CONTRACTOR agrees to complete the work (design and physical construction work) within the following periods: All design work and permitting shall be completed by March 1, 2012. The physical work at the community recreation center shall be undertaken, in its' entirety (including punch list items) between March 19, 2012 and May 21, 2012. No work shall commence until a Notice to Proceed is given to the CONTRACTOR by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract for design work or construction. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.aov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY OF TEMECULA, TEMECULA COMMUNITY SERVICES DISTRICT, and/or TEMECULA REDEVELOPMENT AGENCY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CONTRACTOR. The CONTRACTOR shall defend and indemnify (including the appointment of competent defense counsel) the CITY from any claims, demands, legal proceedings, writs of mandate, and the like, initiated by any third parties challenging the award of this Contract to the CONTRACTOR. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the CITY who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any CITY officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ nor any person with an ownership interest in the CONTRACTOR has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Greg Butler Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: Greg Butler Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Golden Arrow Engineering, Inc, 1960 Chicago Ave, Suite D13 Riverside, CA 92507 951-686-2449 By: Kirby Hays President By: Crystal Hays Vice President (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: Ron Roberts, Mayor COMMUNITY RECREATION CENTER (CRC) ENERGY MANAGEMENT AND RETROFIT Infrastructure Project Project Description: Project will replace outdated heating and ventilation air conditioning (HVAC) systems with high efficiency HVAC systems, install window tinting on unshaded west, east, and south windows, and replace existing light fixtures in gymnasium with more efficient T5HO and T8 fixtures. Benefit: Project will reduce overall electricity usage by 15%. In addition, the project will replace 16 -year old HVAC equipment which will lower overall maintenance cost. Project Status: This project is estimated to be complete by the end of fiscal year 2012. Department: Temecula Community Services—Account No. 210.190.152 Project Cost: Administration Construction Design Totals Actua Is to Date Source of Funds: Actuals 2012-13 2014-15 6' Future Years Priority: 1 __ ___ . .-- _ __•_ ` ,...., re .....-.-iw ...y .v,x 9' p YP' EECBG $344 576' Total Funding: $ $344,5 6 $ $ ` $ $ - $ $ :344,576 Future Operation & Maintenance Costs: COMMUNITY RECREATION CENTER (CRC) ENERGY MANAGEMENT AND RETROFIT Infrastructure / Other Project Location Ihr4:44 Aerial Data - March 2010 Feet 0 150 300 600 84 Item No. 7 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 13, 2011 SUBJECT: Approval of Purchase and Sale Agreement; and Escrow Instructions for acquisition of property rights from Scott Travers (APN 921-480-019) as needed for the proposed Murrieta Creek Bridge and Overland Drive Extension Project, PW00-26 PREPARED BY: Amer Attar, Principal Engineer Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND SCOTT TRAVERS IN CONNECTION WITH THE MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD — PROJECT NUMBER PW00-26 The subject Resolution would approve, in substantially the form attached, the Purchase and Sale Agreement and Joint Escrow Instructions between the City of Temecula and Scott Travers for the acquisition of an approximate 404 square foot permanent easement for public street purposes and all uses necessary or convenient thereto and an approximate 2,507 square foot temporary construction easement with a term of 18 (eighteen) months on the real property commonly known as 27512 Enterprise Circle West, Temecula, and identified as Assessor's Parcel Number 921-480-019. 2. Authorize the City Manager to approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. 3. Authorize the Finance Director to issue a warrant for the sum of $9,013.00 (Nine Thousand Thirteen Dollars) plus escrow fees for deposit with the Escrow Holder First American Title Insurance to complete the transaction. Escrow fees are estimated to not exceed $5,000.00. BACKGROUND: The Murrieta Creek Bridge and Overland Drive Extension to Diaz Road — Project Number PW00-26 ("Proposed Project") is identified in the City's Capital Improvement Program for Fiscal Years 2012-2016. The Proposed Project would extend Overland Drive from Commerce Center Drive to Diaz Road with a new bridge over Murrieta Creek. The purpose of the Proposed Project is to improve safety and traffic circulation in the area. The Proposed Project requires the acquisition of certain real property interests from six parcels. The Proposed Project requires the acquisition of an approximate 404 square foot permanent easement for public street purposes and an approximate 2,507 square foot temporary construction easement with a term of 18 (eighteen) months (collectively "Subject Property Interests") on the real property commonly known as 27512 Enterprise Circle West, Temecula, California, and identified as Riverside County Tax Assessor's Parcel Number 921-480-019. The temporary construction easement is needed to facilitate the construction of the Proposed Project. Pursuant to Government Code Section 7267.2, on March 22, 2011 the City Council set just compensation for the Subject Property Interests at the fair market value as determined by the City's independent appraiser based on a February 7, 2011 date of value. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of required property rights for the construction for the Proposed Project. On May 11, 2011, the City extended a written offer to the record owner Scott Travers to purchase the Subject Property Interests at the fair market value established by the City's independent appraiser. Mr. Travers and City staff negotiated the City's acquisition of the Subject Property Interests and Mr. Travers accepted the City's offer. The Purchase and Sale Agreement describes the details of the acquisition of the Subject Property Interests. The total purchase price for the Subject Property Interests is the fair market value of $9,013.00. The environmental effects of the acquisition of the Subject Property Interests were studied as an integral part of the Negative Declaration for Environmental Assessment No. 75 approved for the Proposed Project. The findings made by the City Council at its meeting on February 27, 2001 in approving the Negative Declaration for Environmental Assessment No. 75 are the appropriate findings for the acquisition of the Subject Property Interests. In connection with the attached Agreement, City staff reviewed all of the environmental documentation prepared in connection with the Proposed Project, including, but not limited to, the Negative Declaration, the initial environmental study, the mitigation monitoring program and agenda report relating to the approval of the Negative Declaration. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Proposed Project and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. FISCAL IMPACT: The Murrieta Creek Bridge & Overland Drive Extension to Diaz Road Project — Project Number PW00-26 is identified in the City's Capital Improvement Program and is funded with DIF - Streets. Adequate funds for this acquisition are available in project account number 210.165.602.5700. ATTACHMENTS: 1. Resolution No. 11- 2. Purchase and Sale Agreement and Exhibits to Agreement RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND SCOTT TRAVERS IN CONNECTION WITH THE MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD — PROJECT NUMBER PW00-26 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project — Project Number PW00-26 ("Proposed Project") is identified in the City's Capital Improvement Program for Fiscal Years 2012-2016. The Proposed Project would extend Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. The purpose of the Proposed Project is to improve safety and traffic circulation in the area. B. The construction of the Proposed Project would require the acquisition of certain real property interests from six parcels. The Proposed Project would require the acquisition of an approximate 404 square foot permanent easement for public street purposes and an approximate 2,507 square foot temporary construction easement with a term of 18 (eighteen) months on the real property commonly known as 27512 Enterprise Circle West, Temecula, and identified as Riverside County Assessor's Parcel Number 921-480-019. The approximate 404 square foot permanent easement for public street purposes and the approximate 2,507 square foot temporary construction easement are referred to below as the "Subject Property Interests". C. Pursuant to Government Code Section 7267.2, on March 22, 2011, the City Council set just compensation for the Subject Property Interests at their fair market value as determined by the City's independent appraiser based on a February 7, 2011 date of value. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of the Subject Property Interests. D. On May 11, 2011 the City extended a written offer to Scott Travers, the record owner of the Subject Property Interests, offering to purchase the Subject Property Interests for the fair market value of $9,013.00. The property owner accepted the City's offer. E. At its meeting of February 27, 2001, the City Council approved the Negative Declaration for Environmental Assessment No. 75 for the temporary low flow crossing at Murrieta Creek and the proposed permanent crossing of Murrieta Creek, which is the Proposed Project. The City Council found that based on the record before it (1) the Negative Declaration for Environmental Assessment No. 75 was prepared in compliance with California Environmental Quality Act ("CEQA"); (2) there is no substantial evidence that the Proposed Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the Negative Declaration for Environmental Assessment No. 75 reflects the independent judgment and analysis of the City Council. The City duly filed the Notice of Determination in accordance with CEQA. Section 2. Approval of Purchase and Sale Agreement. The City Council of the City of Temecula hereby approves that certain agreement entitled "Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Temecula and Scott Travers in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road — Project Number PW00-26" ("Agreement") with such changes in the Agreement as may be mutually agreed upon by Scott Travers and the City Manager as are in substantial conformance with the form of such Agreement on file in the Office of the City Clerk. The Mayor is herby authorized to execute the Agreement on behalf of the City. A copy of the final Agreement when executed by the Mayor shall be placed on file in the Office of the City Clerk. This approval of the Agreement is not an announcement of the City's intent to acquire any other real property interests for the Proposed Project and does not commit the City to acquire any other real property interests for the Proposed Project. Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Agreement, and to Administer the City's obligations, responsibilities and duties to be performed under the said Agreement, including but not limited to, approval and execution on behalf of the City of grant deeds, acceptances, escrow instructions, certificates, estoppel letters, and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to implement the Agreement. Section 4. Environmental Analysis. The environmental effects of the acquisition of the Subject Property Interests were studied as an integral part of the Negative Declaration for Environmental Assessment No. 75 approved for the Proposed Project. The findings made by the City Council at its meeting on February 27, 2001 in approving the Negative Declaration for Environmental Assessment No. 75 are the appropriate findings for the acquisition of the Subject Property Interests. In connection with the attached Agreement, City staff reviewed all of the environmental documentation prepared in connection with the Proposed Project, including, but not limited to, the Negative Declaration, the initial environmental study, the mitigation monitoring program and agenda report relating to the approval of the Negative Declaration. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Proposed Project and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. Section 5. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of September, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of September, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND SCOTT TRAVERS IN CONNECTION WITH THE MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD, PROJECT NUMBER PW00-26 This Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Temecula and Scott Travers in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26 ("Agreement") is dated and entered into as of , 2011 ("effective date") by and between SCOTT TRAVERS ("Seller") and the CITY OF TEMECULA, a municipal corporation ("Buyer" or "City"), and constitutes an agreement to purchase and sell real property between the parties and the parties' joint escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). RECITALS A. Seller is the record fee owner of the real property commonly known as 27512 Enterprise Circle West, Temecula, California, and identified as Riverside County Tax Assessor's Parcel Number 921-480-019 ("larger parcel"). B. On May 11, 2011, the City sent a written offer to Seller pursuant to Government Code Section 7267.2 to purchase certain real property interests on the larger parcel for a public use, namely for the City's proposed construction of the proposed Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26 ("proposed project"). The proposed project would extend Overland Drive from Commerce Center to Diaz Road with a bridge over Murrieta Creek. The purpose of the proposed project is to improve safety and traffic circulation in the area. C. Specifically, the City seeks to acquire an approximate 404 square foot permanent easement for public street purposes and all uses necessary and convenient thereto in connection with the proposed project ("permanent easement"). The City also seeks to acquire an approximate 2,507 square foot temporary construction easement with a term of 18 (eighteen) months to facilitate the construction of the proposed project ("temporary construction easement"). The approximate 404 square foot permanent easement for public street purposes and all uses necessary or convenient thereto is described on Exhibit "A" labeled "Legal Description Easement for Road Purposes" and depicted on Exhibit `B" labeled "Easement for Road Purposes — Lot 13", which Exhibits are incorporated herein by this reference. The approximate 2,507 square foot temporary construction easement with a term of 18 (eighteen) months to facilitate the construction of the proposed project is described on Exhibit "A" labeled "Legal Description Temporary Construction Easement" and depicted on Exhibit "B" labeled "Temp. Construction Easement — Lot 13", which Exhibits are incorporated herein by this reference. -1- D. Seller desires to sell, and Buyer desires to buy, the permanent easement and the temporary construction easement on the ten -ns and conditions set forth herein. NOW THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, and for other valuable consideration, the receipt of which is hereby acknowledged, Buyer and Seller agree to the following: 1. Purchase and Sale. On the Close of Escrow (as defined in Section 2 below), Seller agrees to sell the permanent easement and the temporary construction easement to Buyer, and Buyer agrees to buy the permanent easement and the temporary construction easement from Seller, on the terns and conditions set forth in this Agreement. 2. Opening and Close of Escrow. Within five (5) business days after the effective date of this Agreement, the City will deliver a fully executed copy of this Agreement to Escrow Holder. For purposes of this Agreement, Opening of Escrow means the date on which Escrow Holder receives a fully executed copy of this Agreement from Buyer and Seller. The parties can execute the Agreement in counterparts as set forth in paragraph 22.e. below. Close of Escrow means the date on which the Grant of Easement and the Grant of Temporary Construction Easement Agreement are delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow will occur after the performance of all duties and obligations under this Escrow that are required to take place prior to Close of Escrow. The Close of Escrow will be on the date that is not later than the first business day occurring thirty (30) days after the Opening of Escrow. Before the Close of Escrow, all risk of loss and damage to the permanent easement and the temporary construction easement from any source whatsoever will be solely that of Seller. 3. Purchase Price. The total purchase price that Buyer will pay to Seller for the permanent easement and the temporary construction easement is the sum of $9,013.00 (Nine Thousand Thirteen Dollars) for the fair market value of the land and improvements in the area comprising the permanent easement and the City's use of the temporary construction easement for a term of 18 (eighteen) months from the date that City notifies Seller of its commencement of construction of the proposed project (referred to below as the "Purchase Price"). No attempt has been made to assign value to the lesser interest in the permanent easement and the temporary construction easement. Thus, the Purchase Price is the total price for the permanent easement and the temporary construction easement without distinction or separation for various interests that may be held in the permanent easement and the temporary construction easement. Seller is responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist. 4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder will obtain and issue a title commitment for the permanent easement and the temporary construction easement. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to Buyer and Seller. Escrow Holder will insure Buyer's interest in the permanent easement, which is described above in Section C and on Exhibit "A" labeled "Legal Description Easement for Road Purposes" and depicted on Exhibit "B" labeled "Easement for Road Purposes — Lot 13", at the Close of Escrow by a CLTA -2- Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). Buyer will pay for the cost of the Policy. a. The Policy provided for pursuant to this Section will insure Buyer's interest in the permanent easement and the temporary construction easement free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): Real property taxes for the current tax fiscal year that are not due and payable. ii. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the permanent easement and the temporary construction easement; and iii. Those non -monetary exceptions approved by Buyer within ten (10) business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow will thereupon terminate, all funds deposited therein will be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement will have no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller will use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the permanent easement and temporary construction easement subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement will thereupon be of no further force or effect. At the Close of Escrow, Buyer's interest in the permanent easement will be free and clear of all monetary encumbrances. 5. Deposit. Buyer covenants and agrees to deposit the Purchase Price with Escrow Holder within 15 business days after the date this Agreement is fully executed by the parties. 6. Grant of Easement and Grant of Temporary Construction Easement Agreement. Seller covenants and agrees to deposit with Escrow Holder within 15 business days after the date this Agreement is fully executed by the parties, the Grant of Permanent Easement granting to City the approximate 404 square foot permanent easement for public street purposes and all uses necessary or convenient thereto ("Grant of Easement") duly executed and acknowledged by Seller. The form of the Grant of Easement is attached as Exhibit "C" to this Agreement and is incorporated in this Agreement by this reference. Seller also covenants and agrees to deposit with Escrow Holder within 15 business days after the date this Agreement is fully executed by the parties, the Grant of Temporary Construction Easement Agreement granting to City the approximate 2,507 square foot temporary construction easement with a tern of eighteen (18) months ("Grant of Temporary Construction Easement Agreement") duly executed and acknowledged by Seller. The form of the Grant of Temporary Construction Easement Agreement is attached as Exhibit "D" to this Agreement and is incorporated in this Agreement by this reference. Buyer will accept said executed Grant of Easement and execute the Grant of Temporary Construction Easement Agreement prior to recording. -3- 7. Temporary Construction Easement. a. Term. The term of the temporary construction easement will commence ten (10) calendar days after the date on which the City notifies Seller in writing that it will commence its construction of the proposed project ("commencement date"). The City is authorized to use the temporary construction easement for eighteen months from the commencement date in connection with its construction of the proposed project. The temporary construction easement will expire on the earlier of (I) eighteen (18) months from the commencement date or (2) the date on which the City records a notice of termination of the temporary construction easement in the Official Records of the County of Riverside. b. Damage to Improvements in Area of Temporary Construction Easement. The City will replace with material of like kind and quality any improvements, landscaping and irrigation located in the area of the approximate 2,507 square foot temporary construction easement damaged in connection with the City's construction of the proposed project. 8. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: a. Escrow Holder can issue in favor of Buyer the Policy, showing the City's easement interest in the permanent easement and the temporary construction easement in favor of Buyer, subject only to the Permitted Title Exceptions. Escrow Holder will use the proceeds of the Purchase Price to obtain a full reconveyance of any monetary liens encumbering the permanent easement and the temporary construction easement, so that these property interests are free and clear of monetary liens and encumbrances at the Close of Escrow. Escrow Holder will obtain final approval from Seller regarding the disbursement of the proceeds prior to disbursing any such proceeds to the holder(s) of the monetary liens encumbering the permanent easement and the temporary construction easement. b. City will have deposited with Escrow Holder the Purchase Price and Escrow Charges. c. Escrow Holder will have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for below in Section 14; and d. Seller will have deposited in Escrow the executed Grant of Easement and Grant of Temporary Construction Easement Agreement as required by Section 6. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant of Easement and Grant of Temporary Construction Easement Agreement. -4- 9. Escrow Charges and Prorations. a. Buyer will pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, Escrow costs and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer will pay for recording the Grant of Easement and Grant of Temporary Construction Easement Agreement and any documentary or other local transfer taxes, and any other recording fees. If the Escrow fails to close through no fault of either party, Buyer will pay all Escrow cancellation charges. 10. License to Enter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the permanent easement and the temporary construction easement for the purpose of making inspections and other examinations of these property interests, including, but not limited to, the right to perform soil and geological tests of the permanent easement and the temporary construction easement and an environmental site assessment thereof. Buyer will give Seller 10 (ten) hours written notice before going on the permanent easement and the temporary construction easement. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the permanent easement and the temporary construction easement, free and harmless from and against any and all liability, loss, damages, costs, expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to these property interests as a result of any accident or other occurrence at the permanent easement and the temporary construction easement that is in any way connected with Buyer's inspections or non -permanent improvements involving entrance onto these property interests pursuant to this Section. If Buyer fails to acquire the permanent easement and the temporary construction easement due to Buyer's default, this license will terminate upon the termination of Buyer's right to purchase the permanent easement and the temporary construction easement. In such event, Buyer will remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the permanent easement and the temporary construction easement after any soil or geological testing and restore these property interests as close to possible to their original condition. The obligation of the City to indemnify for any such damage under this Section 10 relating to the City's license to enter will survive Close of Escrow or termination of Escrow. 1 1. Warranties and Representations of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow: a. That to the best of Seller's knowledge (i) on the Close of Escrow the permanent easement and the temporary construction easement will be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) all businesses on the permanent easement and temporary construction easement have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iii) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the permanent easement and temporary construction easement or alleged violation of environmental, health or safety statutes, ordinance or regulations. Seller will indemnify and hold Buyer harmless for a breach of this warranty and representations. -5- b. That Seller is the sole owner of the permanent easement and temporary construction easement free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the permanent easement and temporary construction easement onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller will not further encumber the permanent easement and temporary construction easement or allow the permanent easement and temporary construction easement to be further encumbered prior to the Close of Escrow. c. Neither this Agreement nor anything provided to be done hereunder, including the transfer of the permanent easement and temporary construction easement to Buyer, violates or will violate any contract, agreement or instrument to which Seller is a party, or which affects the permanent easement and temporary construction easement, and the Seller's grant of the permanent easement and temporary construction easement pursuant to this Agreement does not require the consent of any party not a signatory hereto. d. Except as disclosed in the title commitment referred to in Section 4, there are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the permanent easement and temporary construction easement for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the permanent easement and temporary construction easement and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the permanent easement and temporary construction easement or any part thereof, and no persons have any right of possession to the permanent easement and temporary construction easement, or any part thereof. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such written or oral leases or contractual rights or options to lease, purchase or otherwise enjoy possession, rights or interest of any nature in and to the permanent easement and temporary construction easement, or any part thereof. f Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other party before any court or administrative tribunal that involves the permanent easement and temporary construction easement. 12. Representations and Warranties of Buyer. Buyer hereby represents and warrants to the Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. Buyer has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. -6- b. Buyer has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein. 13. City's Full Payment of Purchase Price. a. It is understood and agreed between Seller and Buyer that the City's payment to Seller of the Purchase Price set forth in this Agreement is an all-inclusive settlement and is the full and complete consideration and payment of just compensation for the City's acquisition of the permanent easement and temporary construction easement and specifically includes, but is not limited to, just compensation for the land comprising the permanent easement and all improvements in the permanent easement area, for the City's use of the temporary construction easement for a term of 18 (eighteen) months. The Purchase is also full and complete consideration for all claims arising in connection with or out of the Buyer's acquisition of the permanent easement and temporary construction easement or the proposed project for which the Buyer is acquiring the permanent easement and temporary construction easement, claims for severance and other damages, inverse condemnation, precondemnation damages, loss of business goodwill under Code of Civil Procedure Section 1263.510, attorney's fees, interest, loss of rents, any other damages of every kind and nature suffered by the Seller by reason of the City's acquisition of the permanent easement and temporary construction easement or the proposed project for which the City is acquiring the permanent easement and temporary construction easement, and all costs and expenses whatever in connection therewith. b. The parties acknowledge that the City's acquisition of the permanent easement and the temporary construction easement do not impact the structure on the larger parcel and that it will not result in the displacement of any person or business on the larger parcel of which the permanent easement and temporary construction easement are a part. Accordingly, it is further understood and agreed by Seller that Buyer will have no further obligation to Seller under any federal or state relocation laws or regulations, including without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.), or the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations). c. This Agreement is a voluntary agreement and Seller on the Close of Escrow, on behalf of Seller, Seller's successors and assigns, fully releases Buyer, its officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of Buyer's efforts to acquire the permanent easement and temporary construction easement or any preliminary steps thereto. Seller further releases and agrees to hold Buyer harmless from any and all claims and causes of action by reason of any leasehold interest in the permanent easement and temporary construction easement. d. Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights that -7- Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected • •• sr her settlement with the debtor." Seller's Initials: s- Buyer's Initials: e. Seller's waiver of rights and release of claims set forth above in Section 13.c. and Section 13.d. shall not extend to and is not intended to extend to claims related to or alleged to arise out of negligence on the part of the City, its agents or contractors, in connection with the physical construction of the proposed project. f. This Section will survive the Close of Escrow. 14. Buyer's Contingencies. For the benefit of Buyer, the Close of Escrow and the Buyer's obligation to consummate the purchase of the permanent easement and the temporary construction easement will be contingent upon and subject to the occurrence of all of the following (or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: a. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. b. The delivery to Escrow Holder of all documents pursuant to Sections 6 and 17 of this Agreement. c. Title Company's commitment to issue in favor of Buyer CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Buyer's easement interest in the permanent easement, subject only to the Permitted Title Exceptions. d. Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the permanent easement and the temporary construction easement that Buyer might perform prior to the Close of Escrow. 15. Certain Definitions. a. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos -containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by- product material and any other radioactive materials or radioactive wastes, however produced, -8- regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(0(3); and any other substance or material regulated by any Environmental Laws. b. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 16. Evidence in Court Proceeding. The parties agree that the total Purchase Price of 59,013.00 (Nine Thousand Thirteen Dollars) or any inference of per square foot value of the permanent easement or the temporary construction easement based on said Purchase Price will not be admissible as evidence of the fair market value of the permanent easement or temporary construction easement in any eminent domain or other proceeding or litigation concerning the permanent easement and temporary construction easement. 17. Certification of Non -Foreign Status. Seller agrees to deliver to Escrow a certification of Nor -Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 18. Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non -defaulting party will have, in addition to all rights available at law or equity, the right to tenninate this Agreement and the Escrow for the purchase and sale of the permanent easement and temporary construction easement, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non -defaulting party, Buyer will thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non -defaulting party will be without prejudice to the non -defaulting party's rights and remedies at law or equity. 19. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (h) two (2) husiness days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) husiness day following deposit with an overnight carrier service. A copy of all notices will be sent to Escrow Holder. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice: BUYER: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Attention: Shawn Nelson, City Manager COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue 40th Floor Los Angeles, California 9007 1-3 10 1 SELLER: Scott Travers 27512 Enterprise Circle West Temecula, California 92590-4863 ESCROW First American Title Insurance HOLDER: 3400 Central Avenue, Suite 100 Riverside, California 92506 Telephone No. (951) 787-1757 Fax No. (866) 558-2890 20. Further Documents. Each party will, wherever and as often as it shall be requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, including further escrow instructions, as may reasonably be necessary in order to complete the sale, conveyance, and transfer herein provided and to do any and all other acts and to execute, acknowledge, and deliver any and all documents as may be requested in order to carry out the intent and purpose of this Agreement. 21. Amendments. Any amendments to this Agreement will be effective only when duly executed by both Buyer and Seller and deposited with Escrow Holder. 22. Miscellaneous. -10- r a. Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter of this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no such agreement, statement, representation or promise that is not contained herein will be valid or binding on Seller or Buyer. c. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow Holder's general Escrow instructions. e. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile signatures will be deemed to be original signatures, and will be followed by the delivery of the original signature pages by U.S. Mail. f. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. g. Interpretation and Construction. Each party has reviewed this Agreement and that each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. h. Attorneys' Fees. [f either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or -11- because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees from the other party. i. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. IN WITNESS WHEREOF, this Agreement is effective as of the day and year first written above. SELLER SCOTT TRAVERSJ Dated: BUYER CITY OF Temecula, a Municipal Corporation Dated: ATTEST: Susan W. Jones, MMC, City Clerk By: Scott ravers By: Ron Roberts, Mayor -12- Approved as to fonn: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney -13- EXHIBIT "A" LEGAL DESCRIPTION OF PERMANENT EASEMENT -14- February 8, 2010 Sheet 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION EASEMENT FOR ROAD PURPOSES (OVERLAND DRIVE) BEING A PORTION OF LOT 13 OF TRACT MAP NO. 16178-3, SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED AUGUST 8, 1986 AS SHOWN BY MAP ON FILE IN BOOK 160, PAGES 99 THROUGH 101, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 13, SAID CORNER BEING ON THE EASTERLY RIGHT-OF-WAY OF ENTERPRISE CIRCLE WEST (66.00 FEET WIDE) AS SHOWN ON SAID MAP AND ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 1483.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 51°07'10" EAST (NORTH 51°07'18" EAST PER SAID MAP); THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 13 NORTH 51°44'46" EAST (NORTH 51°41'16" EAST PER SAID MAP) A DISTANCE OF 25.53 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 07°25'04" WEST A DISTANCE OF 35.60 FEET TO A POINT IN SAID EASTERLY RIGHT-OF-WAY, ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 1483.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 52°04'51" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 0°57'41" A DISTANCE OF 24.88 FEET TO THE POINT OF BEGINNING. CONTAINING: 317 SQ. FT. OR 0.007 ACRE, MORE OR LESS. PARCEL B COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 13, SAID CORNER BEING ON THE EASTERLY RIGHT-OF-WAY OF ENTERPRISE CIRCLE WEST (66.00 FEET WIDE) AS SHOWN ON SAID MAP AND ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 1483.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 51°07'10" EAST (NORTH 51°07'18" EAST PER SAID MAP); THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 13 NORTH 51°44'46" EAST (NORTH 51°41'16" EAST PER SAID MAP) A DISTANCE OF 61.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 51°44'46" EAST A DISTANCE OF 98.33 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 13; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 13 SOUTH 34°16'24" EAST A DISTANCE OF 1.78 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 52°46'53" WEST A DISTANCE OF 98.22 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 87 SQ. FT. OR 0.002 ACRE, MORE OR L EXHIBIT "B" ATTACHED HERETO AND BY THIS HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME CONFORMANCE WITH THE LAND SURVEYORS' ACT. BY: 0//o R X S. PLUMMER, PLS 6641 DATE (MY LICENSE EXPIRES 12-31-2011) February 8, 2010 Sheet 2 of 2 ESS. REFERENCE MADE A PART OR UNDER MY DIRECTION IN EXHIBIT "B" [Insert Map Depicting Permanent Easement] -15- LEGEND INDICATES EASEMENT FOR ROAD PURPOSES TOTAL AREA = 404 SQ. FT OR 0.009 ACRE PARCEL A = 317 SQ. FT OR 0.007 ACRE PARCEL B = 87 SQ. FT. OR 0.002 ACRE POC INDICATES POINT OF COMMENCEMENT POB INDICATES POINT OF BEGINNING 7POB INDICATES TRUE POINT OF BEGINNING () INDICATES RECORD DATA PER TRACT 16178-3 (R) INDICATES RADIAL BEARING 0 LANDSCAPE MAINTENANCE AGREEMENT PER INST 141902, RECORDED MAY 20, 1987 © EASEMENT TO GENERAL TELEPHONE CO. PER INST. NO. 117514, RECORDED APRIL 29, 1987 © 15' WIDE DRAINAGE EASEMENT PER TRACT 16178-3 EXHIBIT "B" EASEMENT FOR ROAD PURPOSES - LOT 13 (OVERLAND DRIVE) VICINITY MAP REX S. PLUMMER NO. 6641 EXP. DATE 12-31-11 DATE SHEET 1 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Planning 1 Engineering 1 Survey 701 8 Street, Suite 800 San Diego, CA 92101 619.235.6471 Tel 619.234.0349 Fax DATE: FEBRUARY 8, 2010 SCALE: N.T.S. JOB NO.: / 2'1 \ -18 N JJ 20 -19 rr1'n t r n)" ) 17 -15 A 20' 22 2 15 12 23 24 B \ 20' \ POB N51107'1018,E) (N51'07 \� 13 SCALE: G 0 is EXHIBIT "B" TRACT 12 EASEMENT FOR ROAD PURPOSES - LOT 13 (OVERLAND DRIVE) 25 18178 13 15 14 / \MAPV J APV 7 i A 5 15 / / / / / NO,, /v / r. 11 / / 16178-3 9 10 SHEET 2 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Planning I Engineering I Survey 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax DATE: FEBRUARY 8; 2010 SCALE: 1 "=100' JOB NO.: CURVE TABLE CURVE DELTA RADIUS LENGTH C1 0•57141° 1483.00' 24.88' LINE TABLE LINE BEARING LENGTH L1 S34'16'247' (N3476'35'4) 1.78' 26 'TRAM' MAP NO, 15178 -14 18 •c Og 9g: 2y� Ncp A\ 20' \6 c� k1 A k6 4 POC PAR. B 6 44 41 to N its to PARCEL A \ TRACT MAP NO. 16178-3 TPOB PAR. B PARCEL B 20' 13 EXHIBIT "B" EASEMENT FOR ROAD PURPOSES - LOT 13 (OVERLAND DRIVE) SCALE: 1"=30' �r SHEET 3 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Planning 1 Engineering 1 Survey 701 B Street Suite B00 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax DATE: FEBRUARY 8, 2010 SCALE: 1"= 30' JOB NO.: EXHIBIT "A" LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT -16- February 8, 2010 Sheet 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (OVERLAND DRIVE) BEING A PORTION OF LOT 13 OF TRACT MAP NO. 16178-3, SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED AUGUST 8, 1986 AS SHOWN BY MAP ON FILE IN BOOK 160, PAGES 99 THROUGH 101, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 13, SAID CORNER BEING ON THE EASTERLY RIGHT-OF-WAY OF ENTERPRISE CIRCLE WEST (66.00 FEET WIDE) AS SHOWN ON SAID MAP, ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 1483.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 51°07'10" EAST (NORTH 51°07'18" EAST PER SAID MAP); THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 13, NORTH 51°44'46" EAST (NORTH 51°41'16" EAST PER SAID MAP) A DISTANCE OF 25.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 51°44'46" EAST A DISTANCE OF 36.23 FEET; THENCE LEAVING SAID LINE NORTH 52°46'53" EAST A DISTANCE OF 98.22 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 13; THENCE ALONG SAID LINE SOUTH 34°16'24" EAST A DISTANCE OF 15.02 FEET; THENCE LEAVING SAID LINE SOUTH 52°46'53" WEST A DISTANCE OF 97.31 FEET; THENCE SOUTH 51°44'46" WEST A DISTANCE OF 29.99 FEET; THENCE SOUTH 07°25'04" WEST A DISTANCE OF 29.49 FEET; THENCE SOUTH 52°29'24" WEST A DISTANCE OF 10.58 FEET TOA POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 13, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF ENTERPRISE CIRCLE WEST AND BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 1483.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 52°29'24" EAST; THENCE ALONG SAID SOUTHWESTERLY LINE AND SAID EASTERLY RIGHT-OF-WAY, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°24'33" A DISTANCE OF 10.59 FEET; THENCE NORTH 07°25'04" EAST A DISTANCE OF 35.60 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 2507 SQ. FT. OR 0.058 ACRE, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. February 8, 2010 Sheet 2 of 2 THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS' ACT. BY: Z4/o REX S. PLUMMER, PLS 6641 DATE (MY LICENSE EXPIRES 12-31-2011) EXHIBIT "B" [Insert Map Depicting Temporary Construction Easement] _17_ LEGEND Mt INDICATES TEMPORARY CONSTRUCTION EASEMENT AREA = 2507 SQ. FT OR 0.058 ACRE POC INDICATES POINT OF COMMENCEMENT TPOB INDICATES TRUE POINT OF BEGINNING () INDICATES RECORD DATA PER TRACT 16178-3 (R) INDICATES RADIAL BEARING C LANDSCAPE MAINTENANCE AGREEMENT PER INST. 141902, RECORDED MAY 20, 1987 © EASEMENT TO GENERAL TELEPHONE CO. PER INST. NO. 117514, RECORDED APRIL 29, 1987 © 15' WIDE DRAINAGE EASEMENT PER TRACT 16178-3 EXHIBIT "B" TEMP. CONSTRUCTION EASEMENT - LOT 13 (OVERLAND DRIVE) VICINITY MAP REX S. PLUMMER NO. 6641 EXP. DATE 12-31-11 1? DA1E SHEET 1 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Planning 1 Engineering 1 Survey 701 B Street, Suite 800 San Diego, CA 92101 619.235.6471 Tel 619.234.0349 Fax DATE: FEBRUARY 8, 2010 SCALE: N.T.S. JOB NO.: / / / 18 i 20 19 7Ff�l C7 21 2 -15 A 20' 15 SCALE: 1"=100' 12 28 24 8 \ 20' 14 \ POC 25 1517.8 o 15 i 0 etle i i ,i 5 N5J07'10'E�\ \ (N51'0718 E) \\\ -13 15 `z G EXHIBIT "B" TEMP. CONSTRUCTION EASEMENT - LOT 13 (OVERLAND DRIVE) / TRACT 12 MAP/ \v;/ p / / 16178-3 9 10 SHEET 2 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Planning I Engineering 1 Survey 701 B Street, Suite 800 San Diego, CA 92101 619.235.6471 Tel 619.234.0349 Fax DATE: FEBRUARY 8, 2010 SCALE: .1"=.100' JOB NO.: CURVE TABLE CURVE DELTA RADIUS LENGTH C1 024'33" 1483.00' 10.59' LINE TABLE LINE BEARING LENGTH L1 S5229'24"W 10.58' Jv 5' 7rt4 r7 MAP No, -16178 20' J4 7POB 7 (113476335"14) S3476'24T 15.02' 16 \6� X09 95. �6 a51 0,1 5 1 Sto v• N 20' 13 \TRACT MAP NO. 16178-3 •s4) \ \ \ \ EXHIBIT "B" TEMP. CONSTRUCTION EASEMENT - LOT 13 (OVERLAND DRIVE) r SCALE: 1"=30' 14 SHEET 3 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Planning 1 Engineering 1 Survey 701 6 Street, Suite 800 San Diego, CA 92101 619.235.6471 Tel 619.234.0349 Fax DATE: FEBRUARY 8, 2010 SCALE: 1"=30' JOB NO.: Exhibit "C" Form of Grant of Easement Recording Requested by and when recorded return to: CITY OF TEMECULA Attention: Susan W. Jones, MMC City Clerk 41000 Main Street Post Office Box 9033 Temecula, CA 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. 921-480-019 jX] Portion Documentary Transfer Tax $0.00 This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922). GRANT OF PERMANENT EASEMENT WHEREAS, Scott Travers (referred to as "Grantor" below) is the record fee owner of the real property commonly known as 27512 Enterprise Circle West, in the City of Temecula, County of Riverside, State of California, that is identified as Riverside County Tax Assessor's Parcel Number 921-480-019 ("Grantor's Property"); and WHEREAS, Grantor desires to grant to the City of Temecula, a municipal corporation, located in the County of Riverside, State of California (referred to as "Grantee" below) and Grantee desires to acquire from Grantor an approximate 404 square foot permanent easement on Grantor's Property for public street purposes, and all uses necessary or convenient thereto in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26. NOW THEREFOR, for good and valuable consideration, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee and approximate 404 square foot permanent easement on Grantor's Property for public street purposes, and all uses necessary or convenient thereto, including, but not limited to street, sewer, drainage, and utilities. The approximate 404 square foot permanent easement is described more particularly on Exhibit "A" hereto labeled "Legal Description Easement for Road Purposes" and depicted on Exhibit "B" hereto labeled "Easement for Road Purposes — Lot 13". Exhibits "A" and "B" are incorporated herein by this reference. C-1 IN WITNESS WHEREOF, the Grantor has executed this Grant of Permanent Easement on , 2011. GRANTOR: SCOTT TRAVERS Scott Travers C-2 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , before me, , a 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. (Seal) SIGNATURE OF NOTARY C-3 February 8, 2010 Sheet I of 2 EXHIBIT "A" LEGAL DESCRIPTION EASEMENT FOR ROAD PURPOSES (OVERLAND DRIVE) BEING A PORTION OF LOT 13 OF TRACT MAP NO. 16178-3, SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED AUGUST 8, 1986 AS SHOWN BY MAP ON FILE IN BOOK 160, PAGES 99 THROUGH 101, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 13, SAID CORNER BEING ON THE EASTERLY RIGHT-OF-WAY OF ENTERPRISE CIRCLE WEST (66.00 FEET WIDE) AS SHOWN ON SAID MAP AND ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 1483.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 51°07'10" EAST (NORTH 51°07'18" EAST PER SAID MAP); THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 13 NORTH 51°44'46" EAST (NORTH 51°41'16" EAST PER SAID MAP) A DISTANCE OF 25.53 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 07°25'04" WEST A DISTANCE OF 35.60 FEET TO A POINT IN SAID EASTERLY RIGHT-OF-WAY, ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 1483.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 52°04'51" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 0°57'41" A DISTANCE OF 24.88 FEET TO THE POINT OF BEGINNING. CONTAINING: 317 SQ. FT. OR 0.007 ACRE, MORE OR LESS. PARCEL B COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 13, SAID CORNER BEING ON THE EASTERLY RIGHT-OF-WAY OF ENTERPRISE CIRCLE WEST (66.00 FEET WIDE) AS SHOWN ON SAID MAP AND ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 1483.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 51°07'10" EAST (NORTH 51°07'18" EAST PER SAID MAP); THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 13 NORTH 51°44'46" EAST (NORTH 51°41'16" EAST PER SAID MAP) A DISTANCE OF 61.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 51°44'46" EAST A DISTANCE OF 98.33 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 13; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 13 SOUTH 34°16'24" EAST A DISTANCE OF 1.78 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 52°46'53" WEST A DISTANCE OF 98.22 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 87 SQ. FT. OR 0.002 ACRE, MORE OR L EXHIBIT "B" ATTACHED HERETO AND BY THIS HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME CONFORMANCE WITH THE LAND SURVEYORS' ACT. BY: R X S. PLUMMER, PLS 6641 DATE (MY LICENSE EXPIRES 12-31-2011) z//o February 8, 2010 Sheet 2 of 2 ESS. REFERENCE MADE A PART OR UNDER MY DIRECTION IN LEGEND Mal INDICATES EASEMENT FOR ROAD PURPOSES TOTAL AREA = 404 SQ. FT. OR 0.009 ACRE PARCEL A = 317 SQ. FT. OR 0.007 ACRE PARCEL B = 87 SQ. FT. OR 0.002 ACRE POC INDICATES POINT OF COMMENCEMENT POB INDICATES POINT OF BEGINNING 7POB INDICATES TRUE POINT OF BEGINNING () INDICATES RECORD DATA PER TRACT 16178-3 (R) INDICATES RADIAL BEARING ® LANDSCAPE MAINTENANCE AGREEMENT PER INST. 141902, RECORDED MAY 20, 1987 © EASEMENT TO GENERAL TELEPHONE CO. PER INST. NO. 117514, RECORDED APRIL 29, 1987 © 15' WIDE DRAINAGE EASEMENT PER TRACT 16178-3 EXHIBIT "B" EASEMENT FOR ROAD PURPOSES - LOT 13 (OVERLAND DRIVE) VICINITY MAP REX S. PLUMMER NO. 6641 EXP. DATE 12-31-11 I? DATE SHEET 1 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Planning 1 Engineering 1 Survey 701 B Street, Suite 800 San Diego, CA 92101 619.235.6471 Tel 619.234.0349 Fax DATE: FEBRUARY 8, 2010 SCALE: N.T.S. JOB NO.: / 18 N -11 N4 2J 19 'TRACT �43 N N 12 -17 N 21 22 -15 A 20' 2 -15 23 \ POB 94 B 20' 18178 28 -15 / i fi 5 1,07'10TE2 N5 1NS1.D18 ) \\� -13 -15 0 /2 Vs\A W `c GCS 1p EXHIBIT "B" EASEMENT FOR ROAD PURPOSES - LOT 13 (OVERLAND DRIVE) TRACT \ -12 11 7/ / 10 SHEET 2 OF 3 SHEETS - / 16178-3 9 PROJECT DESIGN CONSULTANTS Planning 1 Engineering 1 Survey 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax DATE: FEBRUARY 8, 2010 SCALE: 1"=100' JOB NO.: CURVE TABLE CURVE DELTA RADIUS LENGTH C1 057'41" 1483.00' 24.88' LINE TABLE LINE BEARING LENGTH L1 S3476'24"E (N3476'35"0 1.78' 25 TRACT MAP ivo, 15178 ,� 16 � by 5y 5' 20' POC PAR. B c j\OJ `PFS \/ /..5%� POB \ ps PAR. A \ PARCEL A \ TRACT 7POB PAR. B PARCEL B e \ 20' 15 13 MAP NO. 16178-3 EXHIBIT "B" EASEMENT FOR ROAD PURPOSES - LOT 13 (OVERLAND DRIVE) r, SCALE: 1"=30' 14 SHEET 3 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Planning I Engineering 1 Survey 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax DATE: FEBRUARY 8, 2010 SCALE: 1 "=30' JOB NO.: CITY OF TEMECULA Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92589-9033 CERTIFICATE OF ACCEPTANCE OF GRANT OF PERMANENT EASEMENT (Govt. Code § 27281) (Assessor's Parcel Number 921-480-019) This is to certify that the approximate 404 square foot permanent easement on the real property commonly known as 27512 Enterprise Circle West, Temecula California, and identified as Riverside County Tax Assessor's Parcel Number 921-480-019 granted to the City of Temecula, a municipal corporation, pursuant to the attached Grant of Permanent Easement, is hereby accepted under the authority of the City Council of the City of Temecula and the City of Temecula consents to the recordation thereof by its duly authorized officer. Dated: , 2011 CITY OF TEMECULA By: Greg Butler Director of Public Works/City Engineer ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney C-4 Exhibit "D" Form of Grant of Temporary Construction Easement Agreement Recording Requested by and when recorded return to: CITY OF TEMECULA Attention: Susan W. Jones, MMC City Clerk 41000 Main Street Post Office Box 9033 Temecula, CA 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. 921-480-019 [X] Portion Documentary Transfer Tax $0.00 This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922). GRANT OF TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Grant of Temporary Construction Easement Agreement ("Agreement") is entered into as of , 2011 between Scott Travers (referred to as "Grantor" below) and the City of Temecula, a municipal corporation ("City"). RECITALS WHEREAS, Grantor is the record fee owner of the real property commonly known as 27512 Enterprise Circle West, in the City of Temecula, County of Riverside, State of California, that is identified as Riverside County Tax Assessor's Parcel Number 921-480-019 ("Grantor's Property"); and WHEREAS, Grantor desires to grant to the City and the City desires to acquire from Grantor an approximate 2,507 square foot temporary construction easement with a term of eighteen (18) months on Grantor's Property to facilitate construction of the public street and related improvements in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26 ("Project"). NOW THEREFOR, for good and valuable consideration, receipt of which is hereby acknowledged, Grantor and the City agree as follows: 1. Grantor hereby grants to the City an approximate 2,507 square foot temporary construction easement with a term of eighteen (18) months ("temporary construction easement") on Grantor's Property to facilitate the construction of the public street and related improvements in connection with the Project. The temporary construction easement is described more particularly on Exhibit "A" labeled "Legal Description Temporary Construction Easement" and D-1 depicted on Exhibit "B" labeled "Temp. Construction Easement — Lot 13". Exhibits "A" and "B" are attached to this Grant of Temporary Construction Easement and are incorporated herein by this reference. 2. The term of the temporary construction easement will commence ten (10) calendar days after the date on which the City notifies Grantor in writing that it will commence its construction of the Project. 3. The temporary construction easement is for the use by the City, its contractors, subcontractors, employees and agents for said eighteen (18) month period to facilitate the City's construction of the Project. The purpose and scope of this temporary construction easement is to provide additional right of way to facilitate the movement of the City's construction equipment for the construction of the Project, storage and assembly of equipment and materials, ingress and egress, and any related support activities to facilitate the construction of the Project. 4. The City agrees to replace with material of like kind and quality any improvements, landscaping and irrigation located in the temporary construction easement area damaged as a result of the City's construction of the Project. 5. The City agrees to keep the temporary construction easement free of any Liens, including without limitation, mechanic's or materialmen's liens, arising out of the City's use of the temporary construction easement in connection with the construction of the Project. If any such lien is filed on Grantor's Property in connection with the City's use of the temporary construction easement, the City will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to the Grantor within thirty (30) calendar days of receiving notice of the lien. If the City fails to remove the lien within such thirty (30) day period, Grantor will have the right to remove the lien, and City, upon demand, will reimburse the Grantor for all costs and expenses, including without limitation attorney's fees incurred by Grantor in connection with such removal. 6. The temporary construction easement will expire on the earlier of (a) eighteen (18) months after the date on which the City provides to Grantor written notice of the City's commencement of the construction of the Project or (b) on the date that the City records a Notice of Termination of the temporary construction easement in the Official Records of the County of Riverside. Upon the expiration of the temporary construction easement, the City agrees to take such actions as the Grantor may reasonably request to evidence and give effect to the extinguishment of the easement and the relinquishment of the City's rights and interests in the temporary construction easement pursuant to this Agreement. 7. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight cannier service. A copy of all notices will be sent to Escrow Holder. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice: D-2 City: Copy to: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Attention: Shawn Nelson, City Manager Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 Grantor: Scott Travers 27512 Enterprise Circle West Temecula, California 92590-4863 8. Miscellaneous Provisions. a. Any amendments to this Agreement must be in writing and duly executed by both Grantor and the City. b. This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California. c. This Agreement contains the entire agreement between the Grantor and the City regarding the temporary construction easement. d. Except as otherwise provided herein, the provisions of this Agreement will be binding on and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. e. This Agreement may be executed simultaneously in one or more counterparts, each of which will he deemed an original, but all of which together will constitute one and the same instrument. £ Each party has reviewed this Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. D-3 IN WITNESS WHEREOF, the Grantor and the City have entered into this Agreement as of the date set forth above. Dated: , 2011 GRANTOR SCOTT TRAVERS By: Scott Travers Dated: , 2011 CITY OF TEMECULA, a municipal corporation By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney D-4 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , before me, , a 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. (Seal) SIGNATURE OF NOTARY D-5 February 8, 2010 Sheet 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (OVERLAND DRIVE) BEING A PORTION OF LOT 13 OF TRACT MAP NO. 16178-3, SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED AUGUST 8, 1986 AS SHOWN BY MAP ON FILE IN BOOK 160, PAGES 99 THROUGH 101, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 13, SAID CORNER BEING ON THE EASTERLY RIGHT-OF-WAY OF ENTERPRISE CIRCLE WEST (66.00 FEET WIDE) AS SHOWN ON SAID MAP, ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 1483.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 51°07'10" EAST (NORTH 51°07'18" EAST PER SAID MAP); THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 13, NORTH 51°44'46" EAST (NORTH 51°41'16" EAST PER SAID MAP) A DISTANCE OF 25.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 51°44'46" EAST A DISTANCE OF 36.23 FEET; THENCE LEAVING SAID LINE NORTH 52°46'53" EAST A DISTANCE OF 98.22 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 13; THENCE ALONG SAID LINE SOUTH 34°16'24" EAST A DISTANCE OF 15.02 FEET; THENCE LEAVING SAID LINE SOUTH 52°46'53" WEST A DISTANCE OF 97.31 FEET; THENCE SOUTH 51°44'46" WEST A DISTANCE OF 29.99 FEET; THENCE SOUTH 07°25'04" WEST A DISTANCE OF 29.49 FEET; THENCE SOUTH 52°29'24" WEST A DISTANCE OF 10.58 FEET TOA POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 13, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF ENTERPRISE CIRCLE WEST AND BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 1483.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 52°29'24" EAST; THENCE ALONG SAID SOUTHWESTERLY LINE AND SAID EASTERLY RIGHT-OF-WAY, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°24'33" A DISTANCE OF 10,59 FEET; THENCE NORTH 07°25'04" EAST A DISTANCE OF 35.60 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 2507 SQ. FT. OR 0.058 ACRE, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. February 8, 2010 Sheet 2 of 2 THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS' ACT. BY: 2A/o REX S. PLUMMER, PLS 6641 DATE (MY LICENSE EXPIRES 12-31-2011) LEGEND nit INDICATES TEMPORARY CONSTRUCTION EASEMENT AREA = 2507 SQ. FT. 01? 0.058 ACRE POC INDICATES POINT OF COMMENCEMENT 7POB INDICATES TRUE POINT OF BEGINNING () INDICATES RECORD DATA PER TRACT 16178-3 (R) INDICATES RADIAL BEARING AQ LANDSCAPE MAINTENANCE AGREEMENT PER INST. 141902, RECORDED MAY 20, 1987 �B EASEMENT TO GENERAL TELEPHONE CO. PER INST. NO. 117514, RECORDED APRIL 29, 1987 © 15' WIDE DRAINAGE EASEMENT PER TRACT 16178-3 EXHIBIT "B" TEMP. CONSTRUCTION EASEMENT - LOT 13 (OVERLAND DRIVE) VICINITY MAP NO. 6641 Exp. date 12-31-11 REX S. PLUMMER NO. 6641 EXP. DATE 12-31-11 DATE SHEET 1 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Planning 1 Engineering 1 Survey 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax DATE: FEBRUARY 8, 2010 SCALE: N.T.S. JOB NO.: / / 18 N \n�"� 11 20 19 TRACT' N N 12 17 21 \� 22 \\ \MAIP l5 A 20' fro N51,07'10"E\ \ 1N5 1'0718 E) \\\ 18 2 15 14 \ POC \ ' \% 24 8 20' 15178 25 \\\ 4-- 13 SCALE: 1"=100' TRACT 1 EXHIBIT "B" TEMP. CONSTRUCTION EASEMENT — LOT 13 (OVERLAND DRIVE) 18 1 0 / ettle 0 4 5 15 / \ 1 ♦ / \ / /, \ MAP/ / N®\\Vj p / / L- 7Th -16178-3 16178-3 9 10 SHEET 2 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Planning I Engineering I Survey 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax DATE: FEBRUARY 8, 2010 SCALE: 1"=100' JOB NO.: CURVE TABLE CURVE DELTA RADIUS LENGTH C1 024'33" 1483.00' 10.59' LINE TABLE LINE BEARING LENGTH L1 S5229'24"W 10.58' 2v rrt 4 cr MAP NJ, 18175 \ 20' 7P06 h\16 6c01 9 9$' \ (N3416'3514) 53476'24"E 15.02' 18 )Pgf 9 g1 ;I: c3, 0 o, 44) N C,) \TRACT 20' 13 MAP NO. 16178-3 ` EXHIBIT "B" TEMP. CONSTRUCTION EASEMENT - LOT 13 (OVERLAND DRIVE) SCALE: 1"=30' 14 SHEET 3 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Planning 1 Engineering 1 Survey 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax DATE: FEBRUARY 8, 2010 SCALE: 1 "=30' JOB NO.: Item No. 8 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 13, 2011 SUBJECT: Acceptance of Improvements and Notice of Completion for Traffic Signal Installation; Rancho California Road at Yukon Road/Asteroid Way, Project No. PW09-07 PREPARED BY: Avlin R. Odviar, Senior Engineer — CIP Kendra Hannah-Meistrell, Associate Engineer- CIP RECOMMENDATION: That the City Council: 1. Accept the construction of the Traffic Signal Installation; Rancho California Road at Yukon Road Asteroid Way, Project No. PW09-07, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 3. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On November 9, 2010, the City Council awarded a construction contract to Sierra Pacific Electrical Contracting in the amount of $187,339.40 to complete the Traffic Signal Installation; Rancho California Road at Yukon Road/Asteroid Way, Project No. PW09-07. The work for the Traffic Signal Installation consisted of the installation of traffic signals at the intersection of Rancho California Road at Yukon Road/Asteroid Way and a fiber optic cable to interconnect this new signal with the traffic signal at Rancho California Road and Margarita Road. More specifically, the work included the following: traffic control, removal of pavement delineation, installation of traffic striping, pavement markers and legends, removal and installation of roadside signs, installation of traffic signal loop detectors, internally illuminated street name signs, safety lighting, emergency vehicle pre-emption devices, fiber optic cable and miscellaneous appurtenant work. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works. All work will be warranted for a period of one year from July 20, 2011, the date the City obtained "beneficial use" of the project improvements. The construction retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Traffic Signal Installation; Rancho California Road at Yukon Road/Asteroid Way, Project No. PW09-07 is funded by Development Impact Fees - Traffic Signal. The base amount of the construction contract was $187,339.40; contract change orders totaled $5,599.73, which results in the total cost of the project of $192,939.13. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 41000 Main Street Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Sierra Pacific Electrical Contracting, 2542 Avalon Street, Riverside, CA 92509 to perform the following work of improvement: TRAFFIC SIGNAL INSTALLATION; RANCHO CALIFORNIA ROAD AT YUKON ROAD/ASTEROID WAY Project No. PW09-07 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on September 13, 2011. That upon said contract the Western Surety Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: TRAFFIC SIGNAL INSTALLATION; RANCHO CALIFORNIA ROAD AT YUKON ROAD/ASTEROID WAY Project No. PW09-07 6. The location of said property is: Rancho California Road at Yukon Road/Asteroid Way, Temecula, California. Dated at Temecula, California, this 13th day of September. 2011. City of Temecula Susan W. Jones MMC, City Clerk 0:\Prograrn FilesNleevia.Corn\Document Conveiter\temp11014538.docx Fonn STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones MMC, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 13th day of September, 2011. City of Temecula Susan W. Jones MMC, City Clerk C:1Program Files1Neevia.Com\Document Converter\temp11014538.docx Form CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW09-07 TRAFFIC SIGNAL INSTALLATION RANCHO CALIFORNIA ROAD AT YUKON ROAD/ASTEROID WAY KNOW ALL PERSONS BY THESE PRESENT THAT: Sierra Pacific Electrical Contracting, 2542 Avalon Street, Riverside, CA 92509 NAME AND ADDRESS CONTRACTOR'S a California Corporation (till in whether a Corporation, Partnership or individual) Bond # 58672249 hereinafter called Principal, and Western Surety Company, 101 S. Phillips Avenue, Sioux Falls, SD 57104-6703 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of Nineteen thousand, two hundred and ninety three DOLLARS and ninety-one CENTS ($ 19,293.91 ) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 9th day of November, 2010, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW09-07, TRAFFIC SIGNAL INSTALLATION; RANCHO CALIFORNIA ROAD AT YUKON ROAD/ASTEROID WAY. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on July 20, 2011. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by MAINTENANCE BOND M-1RICIPPROJECTSIPW091pW0917 TWIG Signal Fbadpve@Pete &RCR@Yukml,SpedMaMIsanoe Bond &Contex& ,NMasil av the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, .or to the work, or to the Specifications. 24th August Signed and sealed this day of (Seal) Western Suret / Company SLUR lorney- in- fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney , 2011 ms PRINCIPAL By: Patience Spina (Name) Secretary (Title)/ By:/.3 L— /c' 4se Gilbert H. Loop (Name) Vice President (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures n1e Ib TcAIenmC Drum r l California All Purpose Acknowledgment State of California County of Riverside On August 26, 2011, before me, Earl T. Smith, Notary Public, personally appeared Gil Loop & Patience Spina who proved to me upon the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized Capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. CC Earl T. Smith, Not ry Public LE SMITH Commission #r 1999578 Notary Public - California • Riebrslde County M Comm. Es ares Jul 1 2015 Optional Description of Attached Document Title or Type of Document: Document Date: NumberPages: Signer(s) other then named above: Signers Name: ▪ Individual n Corporate Officer Title: Partner 1 Other Signer is representing: Sierra Pacific Elec Signers Name: o Individual o Corporate Officer Title: • Partner o Other Signer is representing: Sierra Pacific Elec Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Pamela Paridy, J W Johnson, D Richard Stinson, Scott Gaddy, Jeff Parkhurst, Katherine G Zerounian, Lisa M Lucas, Susan J Sampson, Anthony J D'Asaro, William Philips Jr, David Alvarado, Individually of San Francisco, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf. bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to hind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer o Attorney, pursuant to the authority hereby given, are hereby ratified and confined. e corporation and all the acts of said This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 7th day of March, 2011. State of South Dakota County of Minnehaha Ss ."unEry"°% tee Aj:y Nzzipfr WESTERN SURETY COMPANY Paul : Bruflat, Senior Vice President On this 7th day of March, 2011, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2012 #4444444444444446454444444 D. KRELL ` NOTARY PUBLIC SOUTH DAKOTA #y4444444444444444444444# D. Krell, No Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 24th shrrt'cir""o,ex 1 41 vemits Form F4280-09-06 day of August 2011 WESTERN SURETY COMPANY (---.....-.0 L. Nelson, Assistant Secretary State of County of California Orange On _August 25, 2011 before me, Suzan M. Martinez, Notary Public NAME personally appeared _J. W. Johnson y• w SUZANM. MARTINEZ Commlujon # 1794545 Notary Public - California Orange County 'onvMar29.2012t NAME OF SIGNER who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. 2 (SIGNATU E OF N,%y,' RY) Though the data below is not required by law, it prevent fraudulent reattachment of this form. n n CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) n LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CO RVATOR OTHER OPTIONAL ay prove valuable to persons relying on the document and could DESCRIPTION OF ATTACEI9WOCUMENT SIG " R IS REPRESENTING: N+ E OF PERSON(S) OR ENTITY(IES) 7.7 -TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE FOR PROJECT NO. PW09-07 TRAFFIC SIGNAL INSTALLATION RANCHO CALIFORNIA ROAD AT YUKON ROAD/ASTEROID WAY This is to certify that Sierra Pacific Electrical Cont. (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of its contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW09-07, TRAFFIC SIGNAL INSTALLATION; RANCHO CALIFORNIA ROAD AT YUKON ROAD/ASTEROID WAY, situated in the City of Temecula, State of California, more particularly described as follows: Rancho California Road at Yukon Road / Asteroid Way, Temecula INSERT ADDRESS OR DESCRIBE LOCATION OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute ***see below Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: August 29, 2011 By: Patience Spina, Secretary Print Name and Title ***This release does not include retentions due to Sierra Pacific Electrical which have not yet been paid. RELEASE R-1R:ICIPWROJECTSWW09WW09-47 Tregc Signal Meadows §Palba8RCR pjg YukontSpedMaintmanm Bond dCmladoes NRtlaritdocc Item No. 9 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 13, 2011 SUBJECT: Acceptance of Improvements and Notice of Completion for the Citywide Concrete Repairs FY 2009-10, Project No. PW10-02 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer- CIP RECOMMENDATION: That the City Council: 1. Accept the construction of the Citywide Concrete Repairs FY 2009-10, Project No. PW 10-02, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; and 3. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On June 22, 2010, the City Council awarded a construction contract to Mamco, Inc. in the amount of $170,170.70 to complete the Citywide Concrete Repairs FY 2009-10, Project No. PW 10-02. The project included removal and replacement of damaged curb & gutter, sidewalk, driveway approaches, under sidewalk drains, cross gutters, ADA ramps and spandrels at various locations throughout the City. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of one (1) year from January 11, 2011, the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Citywide Concrete Repairs FY 2009-10 Project is funded with Public Works Maintenance Budget for routine street maintenance. The awarded construction contract amount was $170,170.70. Approved contract change orders increased the contract amount by $20,960 and a reduction in actual aggregate and concrete quantities reduced it by $4,110.00. The final construction contract amount was $187,020.70. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 41000 Main Street Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Mamco Inc., 16810 Van Buren Blvd., Suite 200 Riverside, CA 92504 to perform the following work of improvement: Citywide Concrete Repairs FY 2009-10 Project Number PW 10-02 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on September 13, 2011. That upon said contract the First National Insurance Company of America, 333 City Blvd. West Suite 300, Orange, CA 92868 was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Citywide Concrete Repairs FY 2009-90 Project Number PW 10-02 The location of said property is: Various locations throughout the City of Temecula, California. Dated at Temecula, California, this 13th day of September, 2011 of Council Meeting. City of Temecula STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss Susan W. Jones MMC, City Clerk I, Susan W. Jones M MC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 13th day of September, 2011 of Council Meeting. City of Temecula Susan W. Jones MMC, City Clerk C:'Program Files'Neevia.Com \Document Converter\temp11014520.doc Form CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW.10-02 CITYWIDE CONCRETE REPAIRS — FY 2009-10 KNOW ALL PERSONS BY THESE PRESENT THAT: MAMCO, INC. 16810 VAN BUREN BLVD. STE. 200 RIVERSIDE, CA 92504 NAME AND ADDRESS CONTRACTOR'S a CORPORATION , hereinafter called Principal, and (fill in whether a Corporation, Partnership or Individual) FIRST NATIONAL INSURANCE COMPANY OF AMERICA 333 CITY BLVD. WEST STE. 300 ORANGE, CA 92868 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of ONE HUNDRED NINETY ONE THOUSAND ONE HUNDRED THIRTY AND 70/100 DOLLARS and CENTS ($ 191,130.70 ) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the Z Z4c\ day of 5, , 2010, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW10- 02, CITYWIDE CONCRETE REPAIRS — FY 2009-10. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval, of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on (iouiiiiy 2010. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying_ out of the terms of said Contract, or it shall appear that.defective 'materials .were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. MAINTENANCE BOND M-1 R:ICIPIPROJECTS1PW101PW10.02 Citywide PCC RepaireBid•DocsMPW16-02 aid-Doss.doa z4,J The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to .the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 10TH day of JANUARY 2011 , 20 1)01( (Seal) SURETY FIRST NATIO By: INSURANCE COMPANY OF AMERICA FRANK MORONES (Name) ATTORNEY -in -FACT (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attomey MAINTENANCE BOND PRI,NCP B. /V%fvwo Abt) bhp s, 7 , INC. (Name) (Title) By: guimit �q Iii W s, (Name) V, Ce ine sic) e 1- (Title) M-2 R:ICiPIPROJECTSiPW101PW10-02 CAywide PCC Repairsl2id•DocsIPW10-02 Bid•Docs.doc KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY No. 13003 First National Insurance Company of America Safeco Plaza Seattle, WA 98185 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *****************"***********PHILIP ***.********PHILIP E. VEGA; FRANK MORON ES; Brea, California:**.x..x..***** ****.xx* ******.*.*.**** its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers al its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this c, 13th day of November -7-Anft',D Edmund C. Kenealy, Secretary Timothy A. Mikolajewski, Vice President , 2008 . CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business,.. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Edmund C. Kenealy , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S-1049/DF 10/08 this 10TH day of JANUARY , 2011 Edmund C. Kenealy, Secretary Safeco@) and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF State of California County of LOS ANGELES Qn 1 /1 0/1 1 before me, Date personally appeared } Philip Vega, Notary -public Here Insert Name end Tins ci tho Otflce'r Frank Morones Nema(s) of Slgnor(.$) PHILIP VEGA Commission # 1799866 Notary Public - California Los Angeles County 1. My C.,mm. Expires May 31, 2012 Plaoo Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(') whose name) is/!re subscribed to the within instrument and acknowled9ed to me that he/lalqitlli4 executed the same in hkh /Meir authorized capacityhs), and that by hid/h/et//tfeir signatur4S(s) on the instrument the person('), or the entity upon behalf of which the person(I) 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 ;eal. Signature OPTIONAL Though the information below is not required by law, It may prove valuable to persons relying on h . document and could prevent fraudulent removal and reattaohrnent of this form to another documen Description of Attached Document eQnawwre � jj'.tery Public Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ individual ❑ Corporate Officer Title(s): ❑ Partner -- IJ Limited D General ❑ Attorney in Fact 7 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: NWT THUMBPRINT OF SIER Top of thumb nere Signer's Name: O Individual 0 Corporate Officer -- Title(s): O Partner 0 Limited 0 General 0 Attorney in Fact EJTrustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: RIGKTTNUMBPRINT OF SIGNER Top of thumb here "...VW/Ate-Hi -NGS: 'dVe,<Aa S4,r4, ac9,4, •.v •a'4 j 'a�pLi!r�v'�A��fl:�1.N • 4ii: •e4%c/ xi. /Ad44✓04.6 �r2007 National Notary Aseociark:wt • 9350 Do Sob Avo„ RO Box 2402 ',Chatsworth, CA 91313.2402+ www,NatlonalNotary.org Item 115907 Roorclor, Call Toll -Free 1-800-675-5927 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW 10-02 CITYWIDE CONCRETE REPAIRS — FY 2009-10 This is to certify that ,Vie101to, I v1 c , (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW10-02, CITYWIDE CONCRETE REPAIRS — FY 2009-10, situated in the City of Temecula, State of California, more particularly described as follows: MUMi J2/c l64( v, 0 id INSERT ADDRESS OR DESCRIBE LOCATION OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: ////// By: RELEASE ignature 4 (413,k,a S/ frPrint Name and Title R-1 R:ICIPIPROJECTSIPW101PW10.02 Citywide PCC RepairslBid-Docs1PW10-02 Bid-Docs.doc Item No. 10 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works / City Engineer DATE: September 13, 2011 SUBJECT: PW02-11 French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements Project - Phase 11, Design Agreement - T.Y. Lin International PREPARED BY: Avlin R. Odviar, Senior Engineer — CIP RECOMMENDATION: That the City Council: 1. Approve an agreement with T.Y. Lin International in an amount not to exceed $10,920,000.00 to prepare the construction plans, specifications, and estimate for the French Valley Parkway/ Interstate -15 Over -Crossing and Interchange Improvements Project — Phase II, and authorize the Mayor to execute the agreement; 2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $1,000,000.00, which is approximately 9% of the agreement amount. BACKGROUND: The French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements Project (Project) will reduce current and projected traffic congestion, improve safety and operations, provide alternative access to Interstate -15 (1-15), and facilitate circulation consistent with the General Plans of the Cities of Temecula and Murrieta. The Project, as approved by the City Council on February 23, 2010, generally consists of constructing a new principal arterial (French Valley Parkway) between Jefferson Avenue and Ynez Road, constructing a new interchange on 1-15 at French Valley Parkway, constructing a new Collector/Distributor system of lanes along both sides of 1-15 between Winchester Road and the 1-15 / 1-215 Junction, and modifying the 1-15 / Winchester Road interchange. Implementation will be phased over two separate projects known as Phase 1 and Phase 11. At -risk design of Phase I began several years ago and includes a new southbound off -ramp at French Valley Parkway, the westbound portion of French Valley Parkway between the off -ramp and Jefferson Avenue, widening the existing southbound off -ramp at Winchester Road, and widening southbound 1-15 between Warm Springs Creek and the Winchester Road off -ramp. The major elements of Phase I are designed to be part of the final Project without reconstruction. The design is nearly complete and construction is estimated to begin in early 2012. Approval of the subject item initiates the design of Phase 11, which includes all other elements of the Project. On July 13, 2010, the City began advertising a Request For Proposals (RFP No. 171) inviting qualified consulting firms to submit a proposal to provide professional engineering design and management services for the design of Phase II. By the time of the filing deadline of August 26, 2010, over 500 firms were notified, approximately 166 firms obtained the RFP, and six firms submitted a proposal. A Selection Committee comprised of representatives from the City of Temecula, City of Murrieta, and Caltrans reviewed the proposals, discussed findings, conducted an interview of the top two qualified firms, and ranked the prospective bidders as follows. 1. T.Y. Lin International 2. Dokken Engineering 3. AECOM 4. Nolte 5. Moffatt & Nichol 6. URS Corporation T.Y. Lin International (TYLin) is a multi -disciplinary engineering firm specializing in structural engineering. TYLin has provided design services for major freeway and highway projects throughout California of comparable size and complexity, under contract to both Caltrans and local agencies. Their extensive experience is shared by a team of sub -consultants including Parsons, AK Consulting Engineers, Earth Mechanics Inc., Aguirre & Associates, and Overland, Pacific & Cutler Inc. Following the selection process, staff entered negotiations with TYLin and finalized the terms of the professional services agreement attached. The negotiations endured several iterations as is typical with projects involving extensive, complex work programs and multiple sub -consultants. The final refined scope of work includes the bulk of activities necessary to prepare and process the construction plans, specifications, and estimate including civil and structural engineering, geotechnical analysis, land surveying, utility conflict resolution and coordination, right of way certification, and project management. FISCAL IMPACT: The French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements Project— Phase II is identified in the City's Capital Improvement Program FY 2012-2016. The primary source of funds for this agreement is reimbursements from the Transportation Uniform Mitigation Fee (TUMF) program through funding agreements administered by the Western Riverside Council of Governments (WRCOG). Presently, roughly$3.9M is obligated in a fully executed TUMF reimbursement agreement with WRCOG. The balance of the TUMF funding, approximately $8.OM, is programmed in the WRCOG SW Zone Transportation Improvement Program (TIP); a funding agreement to obligate those funds is in process with WRCOG. Based on the above reimbursements, adequate funds are budgeted in the project design account 210.165.726.5802 to cover the amount of the agreement $10,920,000.00 plus the approximate 9% contingency amount of $1,000,000.00 for a total amount of $11,920,000.00. ATTACHMENTS: 1. Project Description 2. Project Location 3. Agreement CJ TYOFTEMECLJLA FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS—PHASE II Circulation Project Project Description: Project will consist of designing and constructing a bridge over -crossing over Interstate -15 from Jefferson Avenue to Ynez Road, including curb and gutters, pavement, sidewalks, and new traffic signals. Benefit: Project will address and improve traffic circulation in the City's northern area by providing a full service interchange from Interstate -15 with on and off ramps in both directions. Project Status: The Environmental Document and the Project Report have been approved by California Department of Transportation (Caltrans). The new Connection Report was approved by the Federal Highway Administration (FHWA). This project is estimated to be complete in future years when funding is available. Department: Public Works—Account No. 210.165.726 Priority: 1 Project Cost: Actuals to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Future Total Project Years Cost Administration $ 1,122,593 $ 239,169 $238,000 $ 238,000 $ 238,000 $ 238,000 $ 2,313,762 Acquisition $ 9,039,497 $ 3,000,000 $238,000 $ 5,673,682 $ 238,000 $ 238,000 $ 17,713,179 Caltrans Oversight $ 1,005,840 $ 5,800,000 $ 5,800,000 $ 5,700,000 $ 17,300,000 Construction $ 75,360 $39,050,000 $39,050,000 $39,025,180 $ 117,125,180 Design $ 3,350,608 $12,452,109 $ 15,802,717 MSHCP $ 8,000 $ 2,350,000 $ 2,350,000 Totals $13,512,698 $15,691,278 $238,000 $53,111,682 $45,088,000 $44,963,180 $ $ 172,604,838 Source of Funds: Actuals to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Future Total Project Years Cost Capital Project Reserves $ 317,364 $ 239,169 $238,000 $ 238,000 $ 238,000 $ 238,000 $ 1,508,533 CFD (Harveston) $ 1,005,840 $ 1,005,840 DIF (Public Facilities) $ 75,360 $ 75,360 Federal Highway Administration $ 8,000 $ 8,000 Measure A -Local Street and Road $ 1,627,914 $ 1,627,914 Reimbursements/Other (Land Donation) $ 6,000,000 $ 6,000,000 SAFETEA-LU $ 1,600,000 $ 1,600,000 STIP Augmentation) $12,729,000 $ 12,729,000 TUMF (RCTC)¢) $ 4,259,698 $ 795,007 $ 5,054,705 TUMF (WRCOG)(3) $ 218,522 $ 3,082,102 $ 3,300,624 TUMF (WRCOG){4' $11,575,000 $ 11,575,000 TUMF (WRCOG)ts) $11,979,000 $ 11,979,000 TUMF (WRCOG)(G) $22,074,632 $ 8,577,733 $13,127,635 $ 43,780,000 Unspecifiedn) $17,220,050 $23,543,267 $31,597,545 $ 72,360,862 Total Funding: $13,512,698 $15,691,278 $238,000 $53,111,682 $45,088,000 $44,963,180 $ - $ 172,604,838 Future Operation & Maintenance Costs: 2011-12 2012-13 2013-14 2014-15 2015-16 $ 15,000 (1) STP Augmentation is dependent upon the State's ability to bond for transportation funds. (2) TUNF (RCTC) - Regional funding is pursuant to RCTCAgreement No. 06-72-048-00 for a total of $7,517,000 ($5,715,00 -ROW; $2,000,000-PS&E) - See also Blase L (3) TUNF (WRCOG) - TUNFZone funding is pursuant to WRCOG Agreement No. 05 -SW -TEM -1064 for for WI totalling $4,078,000 ($1,165,000-PS&E) - See also Blase L (4) TUNF (WRCOG) - TUNFZone Funding programmed in SW Zone T]Pfor FS&E for $8,925,000 and RAED for $2,650,000. (5) TUNF (WRCOG) - TUNFZone Funding is eligible for construction of Winchester Interchange pursuant to 2009 Nexus. (6) TUNF (WRCOG) - TUNFZone Funding is eligible for construction of French Valley Interchange pursuant to 2009 Nexus. (7) Project cannot be constructed until a funding source is identified. 51 FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS - PHASE II Circulation Project Location Aerial Data - March 2010 Feet 0 250 500 1,000 50 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND TY LIN INTERNATIONAL FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS — PHASE II THIS AGREEMENT is made and effective as of September 13, 2011, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and TY LIN International, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on September 13, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2015, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2017. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 5. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall riot exceed Ten Million Nine Hundred Twenty Thousand Dollars and No Cents ($10,920,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the mariner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to One Million Dollars and No Cents ($1,000,000.00) as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall riot make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 7. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND a. Indemnity for Design Professional Services. In the connection with its design professional services, Consultant shall hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials (collectively, "Indemnitees"), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub - consultants, or agents in the performance of its professional services under this Agreement. b. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Paragraph 9.a. above, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section 9.b. shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees." 10. INSURANCE REQUIREMENTS 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. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the 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. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: Two million ($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: Two million ($2,000,000) per claim and in aggregate. 5) The policies for general liability, auto liability and professional liability shall not contain any language, limitations, or otherwise, which would potentially reduce the minimum $2 million limit of liability requirement stated herein. For example, and without limitation, no policy shall contain any language which would create a "burning limit," i.e., defense fees and costs incurred in the defense of a potentially covered claim reduces the stated limit of liability under that policy. 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 Redevelopment Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, 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: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the 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. 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. 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. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any mariner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does riot imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but riot limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 15. ASSIGNMENT TY LIN International Attn: Clark Fernon 404 Camino Del Rio South, Suite 700 San Diego, CA 92108 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA TY LIN International (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor Alvaro J. Piedrahita, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Allison K. Bagby, Assistant Secretary Peter M. Thorson, City Attorney CONSULTANT TY LIN International Clark Fernon, Vice President 404 Camino Del Rio South, Suite 700 619-692-1920 clark.fernon@tylin.com FSM Initials: Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: EXHIBIT B Payment Rates and Schedule Exhibit A ♦ ♦ Scope of Work CITY OF TEMECULA PROJECT NO. PW02-11 FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS - PHASE II SCOPE OF WORK PROJECT DESCRIPTION T.Y. Lin International (Consultant) was selected by the City of Temecula (City) to complete the Plans, Specifications and Estimate (PS&E) for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase 2 (Project). The Project is located in Riverside County on 1-15 between the existing Winchester Road Interchange (SR -79) and Murrieta Hot Springs Road, in the vicinity of the Interstate 15/Interstate 215 (1-15/1-215) interchange, in the cities of Temecula and Murrieta [1-15 PM 5.5/9.607 (KP 8.9/15.4) and 1-215 PM R8.430/R9.756 (KP R13.5/R15,7)]. The project covers a distance of 4.1 miles along 1-15. Within the limits of the proposed project, 1-15 is an eight -lane divided urban freeway with four 12 -foot lanes in each direction. The inside and outside shoulders are 8 feet and 10 feet wide, respectively. The existing median is 54 feet wide and is unpaved beyond the shoulders. North of Winchester Road, auxiliary lanes are provided in both directions as the freeway approaches the 1-15/1-215 junction. North of the junction, 1-15 is a six -lane facility, and 1-215 is a four -lane facility. The Project is the second of two phases comprising the French Valley Parkway / Interstate -15 Over -crossing and Interchange Improvements project. Project phasing is detailed in the approved planning documents for the overall project (Project Report, Environmental Document, and New Connection Report). This project will need to coordinate directly with the Phase 1 project. Currently another consultant is completing the final design for Phase 1, which includes the new southbound (SB) I-15 to French Valley Parkway off -ramp, part of French Valley Parkway from the SB off -ramp to Jefferson Avenue to the west, and modifications to the SB 1-15 to Winchester Road Off -ramp. The Phase 1 project should be under construction in 2011 and during the development of the design of Phase 2. The design of Phase 2 will need to take into account the design and construction of the Phase 1 project. As currently envisioned, the Project includes the following: ■ Construction of a new interchange on 1-15 at French Valley Parkway, approximately 0.6 -mile north of the existing Winchester Road interchange, less the off -ramp constructed in Phase 1. ■ Upgrades to the existing Winchester Road/I-15 Interchange, less the off -ramp modifications constructed in Phase 1. ■ Construction of barrier -separated collector -distributor (CD) roads on both sides of mainline 1-15 between the existing Winchester Road Interchange and the 1-15/1-215 Interchange ■ Braided ramps to eliminate the weaving between Winchester Road and the 1-15/1-215 Interchange ■ Construction of Ten (10) Type 1 retaining walls ■ Construction of Seven (7) special design retaining Walls ■ Widening of Three (3) bridges along 1-15 ■ Replacement of One (1) bridge at the WB Winchester Road to northbound (NB) I-15 On-ramp ■ Construction of Four (4) new bridges ■ Full Right of Way acquisition of up to Eight (8) Parcels ■ Partial Right of Way acquisition of up to Twenty Seven (27) parcels French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase 1I ♦ Page 11 ♦•♦ Scope of Work The Phase 2 Project will develop construction plans, specifications, and estimate in accordance with Caltrans, Temecula and applicable Federal, State and Local laws & regulations for the Phase 2 Project described above. Consultant and City acknowledge that there may be changes to the project definition, which could result in the need to modify this scope of work and budget. Transportation Uniform Mitigation Fee (TUMF) Programming The Project is funded in part by the TUMF Program administered by the Western Riverside County of Governments (WRCOG). This is an innovative program whereby developers of residential, industrial, and commercial property pay a development fee to fund transportation projects that will be required as a result of growth the developments create. The Project comprises two TUMF projects that are inseparable by design, implementation, and operation. Project features listed above can be attributed one or both of the TUMF projects as follows: (1) French Valley Parkway Overcrossing / 1-15 Interchange • Construction of a new interchange on 1-15 at French Valley Parkway, approximately 0.6 -mile north of the existing Winchester Road interchange, less the off -ramp constructed in Phase 1. • Construction of barrier -separated collector -distributor (CD) roads on both sides of mainline 1-15 between the existing Winchester Road Interchange and the 1-15/1-215 Interchange ■ Braided ramps to eliminate the weaving between Winchester Road and the 1-15/1-215 Interchange • Construction of Eight (8) Type 1 retaining walls • Construction of Five (5) special design retaining Walls • Widening of Three (3) bridges along 1-15 • Construction of Four (4) new bridges • Full Right of Way acquisition of up to Five (5) Parcels • Partial Right of Way acquisition of up to Twenty Four (24) parcels (2) Winchester Road / 1-15 Interchange Improvement ■ Upgrades to the existing Winchester Road/I-15 Interchange, less the off -ramp modifications constructed in Phase 1. • Construction of barrier -separated collector -distributor (CD) roads on both sides of mainline 1-15 between the existing Winchester Road Interchange and the 1-15/1-215 Interchange ■ Braided ramps to eliminate the weaving between Winchester Road and the 1-15/1-215 Interchange ■ Construction of Nine (9) Type 1 retaining walls ■ Construction of Five (5) special design retaining Walls • Widening of Three (3) bridges along 1-15 • Replacement of One (1) bridge at the WB Winchester Road to northbound (NB) I-15 On-ramp • Construction of Three (3) new bridges • Full Right of Way acquisition of up to Three (3) Parcels ■ Partial Right of Way acquisition of up to Thirteen (13) parcels The Summary of Fees shown in Exhibit B of this Agreement is based on the breakdown shown above. Fees for services rendered will be invoiced accordingly such that costs associated with each TUMF project may be tracked and documented. The following Scope of Work is comprehensive of both TUMF projects. Separation is not practical at this level of detail due to the extensive, natural overlapping of tasks. French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase II ♦ 1111.. ♦ Page 1 2 ♦♦♦,. ♦♦♦ Scope of Work SCOPE OF WORK The work will comply with the following general guidelines: ■ The plans will be prepared in accordance with Caltrans' current policies and procedures. ■ Drawings will be prepared in MicroStation Version 8 using Caltrans drafting standards. ■ Tasks will reference Caltrans Work Breakdown Structure Codes (WBS 10.1). ■ The plans will be prepared using English units of measure. 1. Project Management - (PS&E -100.15, ROW - 100.25) 1.1. Project Management Plan Consultant will develop a Project Management Plan that will include the following: ■ Project Charter ■ Workplan (detailed scope of work, deliverables, budget, schedule, etc.) ■ Quality Management Plan ■ Communication Management Plan ■ Risk Management Plan/Risk Register ■ Resource Management Plan ■ Scheduling Procedure ■ Invoicing Procedure 1.2. Execution and Control Consultant will manage the development of the PS&E from initiation through completion. The services provided include the initiation, planning, execution, and control of PS&E design efforts. 1.2.1. Attend Monthly PDT Meetings - Prepare Agendas/Meeting Minutes Consultant will coordinate and attend meetings. Minutes of each meeting will be prepared and distributed by the Consultant. An Action Item List and a Deliverables Status Matrix will be updated and prepared for each meeting. 1.2.2. Prepare Monthly Progress Reports/Invoices Consultant will prepare progress reports to accompany invoices presented monthly to the City. Each progress report will include tasks completed during the billing period, anticipated progress for the next month, pending technical issues and potential resolution, and scope/schedule/budget issues. 1.2.3. Prepare/Update Project Schedule Consultant will provide a detailed project schedule, indicating milestones, major activities, and deliverables. Consultant will update the schedule on a monthly basis, to coincide with the PDT meetings or as required. 1.2.4. General Execution and Control Consultant will manage the execution and control of the various components of the PS&E and Right -of -Way (ROW) tasks. Deliverable: Effective Project Management French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase II ♦ ♦ ♦ Page 1 3 ♦•♦ ♦•♦ Scope of Work 2. Utilities (185.20.40) 2.1. Utility Correspondence Consultant will provide copies of correspondence with utility companies and other utility related information to Caltrans as required. Consultant will implement utility coordination and relocation in accordance with Caltrans Right -of -Way Manual, Chapter 13 including: • Consultant will prepare letters to owners of utilities. • Consultant will submit advance copies of letters, notices to owner, agreements, and other documents to City and Caltrans for review and approval. • Consultant will maintain files in accordance with Caltrans filing requirements, and will provide Caltrans and the City with duplicate files upon request. 2.2. Utility Service Connections Consultant will provide coordination and support, including: • Coordinate approved electrical service point from the serving electric company for each service equipment enclosure to be installed, and identify requirements that the serving electric company has for the provision of service. Fulfill serving electric company requirements as appropriate, including preparation of applications for service and other required documents, some of which may require City or Caltrans signatures. o Submit plans indicating proposed service connection locations to serving electric company for approval (service equipment enclosure, conduit runs, riser quadrant, pole number and connections to vaults as appropriate). • Coordinate water service connections (reclaimed) for the City and for Caltrans on both sides of the freeway necessary to connect landscape irrigation. o Submit plans indicating proposed connection locations for approval. 2.3. Potholing Consultant will coordinate with District 8 Office of Land Surveys Division to arrange with the respective utility owners to pothole their facilities. Consultant will locate by potholing or other approved method, underground utilities to determine the elevations for clearance and to identify conflicts with the proposed improvements. Consultant will coordinate with utility company inspectors during potholing operations. Consultant will also perform research of existing utilities, reflect existing utilities on base mapping, and propose necessary utility relocation on plans. Consultant will perform the necessary field survey to locate the facilities. Consultant will obtain approved encroachment permits and permits to enter, and (using a subcontractor) provide traffic control for potholing within and adjacent to traveled lanes in accordance with the Caltrans and City encroachment permits. It is anticipated that there will be approximately Eighty (80) Utility Potholes, Two (2) Slot Trenches for difficult to locate utilities, and seven (7) manhole dips. 2.4. Utility Conflict Resolution Known utility conflicts will be shown on the plan sheets with construction notes indicating proposed action. Consultant will send preliminary design plans to each owning utility company within the project limits requesting review and comments on the action proposed for their respective facilities. Consultant will monitor responses of utility letters received and make recommendations for mitigating conflicts. Utility conflict issues will be resolved prior to the completion of the final design plans as follows: French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase II ♦ ♦ Page 14 41100. 411101. 16110. Ei ♦•♦ Scope of Work • Consultant will request and obtain a written acknowledgement of conflicts from the affected utility owners. • Consultant will request and obtain relocation plans, claim of liability, and estimate of cost from the affected utility owners. • Consultant will review each utility owner's relocation plan against others to verify the relocation eliminates the conflict and will not conflict with another planned relocation. • Consultant will prepare the "Liability Package" including a Report of Investigation, Notice to Owner, Utility Agreement, for each affected utility owner. • Note: This scope does not include design of wet utility relocations. Deliverables: Utility Correspondence, Utility Connections, Utility Base Mapping, Utility Pothole Plan, Utility Pothole Report, Utility Impact Exhibits 3. Right of Way Engineering 3.1. Determine Right of Way Impacts (185.25) Consultant will determine right-of-way impacts. 3.1.1. Project Review with Affected Agencies (185.25.05) Consultant will provide support for meetings with the City of Temecula, Caltrans, and other affected agencies with exhibits, estimates, and background information regarding the design. Deliverable: Right -of -Way Coordination 3.1.2. Fee and Easement Requirements Determination (185.25.10) Consultant will determine right-of-way impacts, including footing easements for retaining walls, easements for construction of private property, and required right-of-way for the proposed improvements. Deliverable: Fee and Easements Determination 3.1.3. Right -of -Way Requirement Maps (185.25.15) Consultant will prepare maps to indicate the right-of-way needed to construct, operate, and maintain the project facilities. Maps will be prepared in accordance with Caltrans' District 8 Right -of -Way Engineering Branch requirements. Deliverable: Right -of -Way Requirements Maps 3.1.4. Utility Conflict Maps (185.25.30) Consultant will prepare preliminary utility conflict maps for Caltrans Utilities Engineering Branch review. Consultant will coordinate with Caltrans to determine utility relocations and provide updated Utility Conflict Maps. Deliverable: Utility Conflict Maps 3.2. Right -of -Way Engineering (220) 3.2.1. Existing Land Net (220.05) Consultant will collect record data and field evidence required to begin development of the Right -of -Way Base Map. Tasks associated with the component include retrieval of pertinent record maps and the assembly of those maps to facilitate search, recovery, positioning, and documentation of land corners pertinent to ownership rights in the project area. Deliverable: Collect Record Data and Field Evidence French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase 11 Page 1 5 11111110. '11118110' �` or ,1 c' r, ♦�♦ Scope of Work \ 3.2.2. Land Net Map (220.10) Consultant will prepare a Land Net Map that depicts existing property ownership boundaries, lines, and monuments (land net). Effort entails completion of work activities required to analyze, determine, and delineate a single land net that encompasses the whole project, presented in the context of project control. Deliverable: Land Net Map 3.2.3. Right -of -Way Maps (220.15) Consultant will create Right -of -Way Maps to accompany right-of-way acquisition documents and instruments. Consultant will also work with the ROW specialist to confirm the sufficiency of the right-of-way limits proposed by designers prior to finalizing the appraisal maps. Deliverable: Right -of -Way Maps 3.2.4. Appraisal Maps (220.15.05) Using the Land Net Map (WBS 220.10) and the Right -of -Way Requirements submittal (WBS 185.25), calculate and delineate new parcels and sub parcels generated by project. Prepare mapping to facilitate appraisal efforts. Deliverable: Appraisal Maps 3.2.5. Acquisition Documents (220.20) Consultant will create property acquisition documents. This task does not include creation of contract obligation documents (WBS 220.25). 3.2.5.1. Deeds (220.20.05) Consultant will prepare legal descriptions and ancillary conveyance documents associated with the deed. Deliverable: Legal Descriptions 3.3. Obtain Right -of -Way Interests for Right -of -Way Certification (225) Consultant will implement and manage a comprehensive right-of-way program for the public acquisition process. Consultant will develop and implement a formal right-of-way program in compliance with FHWA, Caltrans, and applicable state and federal policies and procedures. Consultant will provide overall right-of-way program management, leadership, and direction of the right-of-way process, policies, and scheduling. 3.3.1. Right -of -Way Appraisals (225.60) Consultant will conduct the fee appraisals and appraisal reviews for the project. This project will also require furniture, fixtures, and equipment appraisers to value the two billboard structures on APNS 910-060-004 and 910-100-010. Specialized consultants such as architects and general contractors may have to be retained to assist the appraisers with their assigned task. Appraisals will be reviewed and protocols will be established for formal reviews in accordance with Caltrans manuals. Deliverable: Appraise Property Rights 3.3.2. Right -of -Way Acquisition (225.65) Consultant will procure preliminary title reports for each property and prepare detailed site investigation (see WBS 235.10) for hazardous waste at relevant parcels (per the previously prepared Initial Site Assessment). These reports will be used by the real estate appraisers to provide their opinion of market value of the properties. Consultant will submit a recommended package to the City for the determination of just compensation along with a formal offer to purchase package. Consultant will present the City's written offer to property owners in person and systematically resolve barriers to settlement. Settlements will be carefully weighed and presented with recommendations to the City. Upon offer acceptance, Consultant will open escrows and systematically work to deliver title to the condition stated in the purchase documents. Consultant will determine whether the title can be clear of contaminants French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase II ♦ ♦ ♦ Page 1 6 411010. 11111111110. 11111100. 0., of 141,4,O ♦�♦ Scope of Work or an adopted remediation plan will be required. Consultant will prepare the Right -of -Way Certification and the necessary documentation in order to proceed with project advertisement and construction. Deliverable: Acquire Property Rights 3.3.3. Right -of -Way Condemnation (225.80) If required, consultant will work collaboratively with the City's counsel to participate in the resolution of necessity and service process by supplying needed certifications, files, diaries, and litigation guarantees needed for their work. Deliverable: Provide Right -of -Way Condemnation Assistance. 4. Mapping and Surveys (185) 4.1. Updated Project Information (185.05) Consultant will review the information developed in the preliminary engineering and environmental clearance phase of the project. Plan sheet skeletons and the project file structure will be prepared during this sub -task. Consultant will incorporate geometric refinements (see WBS 160). Deliverable: Updated English Units Project Geometrics 4.2. Engineering and Photogrammetric Surveys (185.10) Consultant will produce the mapping and survey control necessary for PS&E. 4.2.1. Control Surveys (185.10.50) Caltrans and local agencies will be queried as to survey control in the area. Once field operations begin, Consultant surveyors will record the character and location of each recovered monument on field notes. Surveying and mapping for this project will be completed in U.S. Survey Feet. Horizontal datum for this mapping control will be the North American Datum of 1983 (NAD83) using the adjustment from the previous mapping. Vertical datum will be the approved Phase 1 datum, unless otherwise agreed prior to the start of survey work. Survey crews will set aerial photogrammetric targets and profile targets in conformance with the approved aerial control plan. Consultant shall establish aerial targets sufficient to achieve the required level of accuracy and in accordance with Caltrans Survey Standards. Field survey procedures will meet Third Order Accuracy Standards, as specified by Caltrans Orders of Survey Accuracy Standards for Supplemental Project Control within the Caltrans Survey Manual. Consultant will complete control survey work related to the Project including establishment of approximately five primary control points and approximately 38 secondary control points spaced at approximately 1,000 - foot intervals on both sides of the freeway corridor to facilitate work for the duration of the Project. Project control will be documented. Deliverable: Survey Control 4.2.2. Engineering Surveys (185.10.60) Consultant will conduct research, planning, field survey, processing and adjusting data, and creating the design project file required to perform a topographic survey. Tasks associated with this phase include aerial photogrammetric mapping with field survey supplementation of underground utilities that will affect the design effort and terrestrial scanning for the purposes of pavement matching with the existing road surface. 4.2.2.1. Aerial Topographic Mapping Consultant will obtain color aerial photography at 1:3,600 scale which will be used to generate 1" = 50' mapping with 2 foot contour interval per Caltrans mapping standards. Deliverables: Aerial Color Imaging French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase 11 ♦ ♦ ♦ Page 1 7 111111* 111.1' v01 Mapr Consultant will compile 1" = 50' scale mapping with 2 foot contour interval. Mapping will be compiled in conformance with current Caltrans mapping standards. Mapping deliverables will be provided in MicroStation V8 format. Full color ortho-imagery will be prepared at a 0.25' pixel resolution. This proposal includes the work necessary to follow the Caltrans A, B, C Procedures and Guidelines, which are defined as follows: Step A - Pre-flight review and approval. Once the flight plan is completed, it will be submitted to City and Caltrans for their review and approval. Step B - Post-flight review and approval. Once the aerial flight is complete and the photography has been captured and processed, photo contacts prints will be submitted to City and Caltrans for their review and approval process. This task will require the preparation of a photo index map. Step C - Post-compilation review and approval. Once the photogrammetric mapping is compiled, it will be submitted to City and Caltrans for their review and approval process This process requires a very specific profile elevation targeting task, preparation of a photo index map, as well as additional process time which has been incorporated into this scope of work. Deliverables: Aerial Color Imaging and Topographic Mapping 2-0 and 3-D DTM 4.2.2.2. Design/Field Surveys Consultant will perform design surveys necessary to complete the design. Consultant's survey will conform to City and Caltrans requirements, as appropriate. Cross sections will be prepared every 100 feet along 1-15 and every 50 feet along local streets. Consultant will execute Control, Engineering and Boundary Surveys for the project. Design surveys will consist of the following: Consultant proposes to establish field survey control using a combination of GPS static, digital level runs, and the Total Station Survey System (TSSS). This control will be established along the project to provide for the controlling of the aerial targets, as well as establishing control for the subsequent surveying tasks. Deliverable: Design Survey Control Consultant will execute an engineering survey to produce a topographic map of the existing roadway and the adjoining ground along each existing roadway that the project design will tie into. This survey will use the methodology for the TSSS survey specifications for the collection of the topography as outlined in the Caltrans Survey Manual. The information gathered as a result of this survey will be processed to develop a Microstation V8 file and the associated Digital Terrain Model (DTM). Design surveys at this phase will consist of surveying field data to verify the accuracy of aerial topographic mapping and verification of key hard features to support the design refinement in this phase. Since the Phase 1 Construction project will be ongoing during the design of the Project, Consultant will survey the Phase 1 project upon completion with field survey shots to determine the as-built final location of facilities to verify that the adjoining design of Phase 2 will match the construction of Phase 1. Deliverable: Design/Field Survey The resolved land-net information will be used as the basis for the pre-construction Record of Survey for the project, with those monuments recovered during the boundary task being noted on the Record of Survey as the initial step in the monument perpetuation as set forth in the Caltrans Survey Manual. The Record of Survey will be submitted to the County Surveyor of Riverside County for their review and subsequent filing. Deliverables: Pre-construction Record of Survey ♦•♦ Scope of Work French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase II ♦ ♦ ♦ Page 1 8 ♦•♦ Scope of Work 5. Environmental Support 5.1. Perform Environmental Studies (165) 5.1.1. Updated Noise Study and Noise Abatement Decision Report (165.10.25) Consultant will update the noise studies to reflect approved design refinements. Consultant will use the Traffic Noise Model (TNM), the FHWA computer model to predict the noise levels generated by vehicular traffic. The noise study report format will follow the outline detailed in the Technical Noise Supplement (TeNS) and the Caltrans template. Noise analyses will be based on the latest available traffic volumes, vehicular speed, vehicle percentage mix, the latest roadway geometry, natural sound barriers, and other significant inputs. The computer program will be used to provide predictions of future traffic noise at the identified frequent outdoor use areas. Future noise levels will be predicted for future peak traffic volumes operating at Level of Service C, which normally produces the highest noise levels. Noise measurements will be conducted at two locations with simultaneous traffic recordings and results will be used for the model calibration. Noise analyses will be conducted in concurrence with requirements outlined in the Caltrans Traffic Noise Analysis Protocol for New Highway Construction and Reconstruction Projects. Deliverable: Updated Noise Study (Draft and Final) 5.1.1.1. Sound Wall Height Verification Consultant will verify the exact height and lengths of the proposed soundwalls. Owners of impacted residences will be presented with the plans for the recommended walls to solicit the owners' view and opinions. Sound wall design will be finalized considering input from the owners. Deliverable: Soundwall layout and profile exhibit (Draft and Final) 5.1.2. Updated Air Quality Study (165.10.30) Consultant will update the Air Quality Study based upon selected design refinements. Consultant will review available information including the following: ■ The air quality section from the original environmental document ■ The original project air quality conformity determination ■ Differences between original and current project designs ■ Differences between original and current predicted traffic conditions ■ Significant differences in existing and/or planned land uses along the project corridor Consultant will determine if changes to the air quality regulatory environment and regional conformity status have occurred since preparation of the original air quality analysis and conformity determination. Based on this review, Consultant will determine the extent to which setting information should be updated and impact/mitigation analysis should be revised. The air quality setting information in the original environmental document is relatively recent, so this scope assumes relatively little updating. The carbon monoxide (CO) hot -spot analysis from the original was performed using the intersection comparison method. Consultant anticipates using the same method but with updated traffic information. The qualitative mobile source air toxics (MSAT) analysis is not expected to require substantive revision as a result of the updated design and traffic predictions. Consultant will need to consider the consistency of the current project design with the project listing in the 2008 Regional Transportation Plan (RTP) and Regional Transportation Improvement Program (RTIP) produced by the Southern California Association of Governments (SCAG). Consultant will perform the appropriate updates and revisions and, if required, produce a technical memorandum summarizing the relevant air quality findings. Deliverable: Air Quality Technical Memorandum (Draft and Final) French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase 1I ♦ ♦ Page 1 9 4,! 16yrr ♦�♦ Scope of Work 5.2. Permits and Agreements During PS&E Component (205) Consultant will provide support of permits and agreements during the PS&E Phase, and may provide assistance in identifying and obtaining necessary permits and agreements for project construction. 5.2.1. Environmental Permits (205.10) The following permits have been previously approved during the Phase 1 project and are assumed to apply to the Phase 2 project: • Clean Water Act 404 permit from the United States Army Corps of Engineers • Clean Water Act 401 permit from the Regional Water Quality Control Board • 1602 Streambed Alteration Agreement from the Department of Fish and Game • MSHCP consistency determination and DBESP approval from the Department of Fish and Game and the United States Fish and Wildlife Service Consultant will verify the above permits remain valid for the final design of Phase 2. Consultant will verify that the design plans and specifications conform to the requirements of these permits. 5.2.1.1. U.S Army Corps of Engineers Permit (404) (205.10.05) Consultant will coordinate with the U.S. Army Corps of Engineers to verify that the conditions of this permit remain valid. Consultant will process amendments to the permit, if necessary. Deliverable: Amended U.S. Army Corps of Engineers Permit (404) 5.2.1.2. Department of Fish and Game 1600 Agreement (205.10.20) Consultant will coordinate with the Department of Fish and Game to verify that the conditions of this permit remain valid. Consultant will process amendments to the permit, if necessary. Deliverable: Amended Department of Fish and Game 1600 Agreement 5.2.1.3. U.S. Fish and Wildlife Service Approval (205.10.45) Consultant will coordinate with the U.S. Fish and Wildlife Service to verify that the conditions of this permit remain valid. Consultant will process amendments to the permit, if necessary. Deliverable: Amended U.S. Fish and Wildlife Service Approval 5.2.1.4. Regional Water Quality Control Board 401 Permit (205.10.50) Consultant will coordinate with the RWQCB to verify that the conditions of this permit remain valid. Consultant will process amendments to the permit, if necessary. Deliverable: Amended Regional Water Quality Control Board 401 Permits 5.2.1.5. Updated Environmental Commitments Record (205.10.60) Consultant will update the ECR and associated documentation that was prepared as part of the final environmental document. Updating activities will include a description of the status of the mitigation and minimization measures. The ECR will be used for the Resident Engineer's Pending file, Environmental Certification, and Certificate of Environmental Compliance. Deliverable: Updated Environmental Commitments Record 5.3. Products Required to Ready Site for Subsurface Exploration (230.05.70.10) Consultant will perform the tasks necessary to ready the site for subsurface exploration. The following products are included in this task: • Development of subsurface exploration plans • Obtaining Rights of Entry for access to private and public lands French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase 11 ♦ ♦ ♦ Page 1 10 10. 111111111. of �EMp( ♦•♦ Scope of Work k4 14%9 f ■ Obtaining permits from Caltrans, City of Temecula, City of Murrieta, and County Health Department. • Determining if the site contains hazardous waste • Preparing traffic management plans and providing traffic control where needed • Providing physical access for drilling and other exploration equipment ■ Clearing utilities Deliverable: Products Required to Ready Site for Subsurface Exploration 5.4. Detailed Site Investigation for Hazardous Waste (235.10) Consultant will perform a detailed Site Investigation (SI) for eight (8) parcels. The investigation should fully characterize the contamination, identify appropriate and feasible cleanup alternatives, and estimate cleanup costs. During the Environmental phase of this project previous consultants prepared an Initial Site Assessment that determined the potential for hazardous materials within the project limits and in structures that will be acquired. A hazardous materials and waste technical study will be prepared for the project and will follow the Caltrans guidelines for Initial Site Assessments (ISA) and Preliminary Site Investigations (P51) as identified in the SER. The purpose of the study is to verify the presence of contamination at sites suspected of containing hazardous materials or waste. The tasks to be completed include: 5.4.1. Updated ISA 5.4.1.1. Updated Records Review Available current and historical documents pertinent to environmental activities conducted in or near the project site will be reviewed to update and confirm the findings of the previous ISA. Topics of interest to be investigated will include: chemical usage or inventories; waste management records; Resource Conservation and Recovery Act (RCRA) activities; Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) activities; and health and safety operations. 5.4.1.2. Site Reconnaissance Site reconnaissance of the project study area will be performed to visually and physically observe and document conditions within and near the project limits. Photograph documentation of potential hazardous materials issues will be completed. 5.4.1.3. Updated File Search and Records Review An updated search of federal, state, and local regulatory agency electronic databases will be performed. This database search identifies locations that are regulated under various environmental laws, notably CERCLA, RCRA, and Toxic Substances Control Act (TSCA). The records search will also identify locations where a release of hazardous substances has occurred or is suspected. 5.4.1.4. Historical Information Review Confirmation A review of historical information sources will be conducted to evaluate whether prior land uses may pose an environmental concern within or near properties within the project area. These historical information sources will include, as available: historical aerial photographs, fire insurance maps, and historical topographic maps. In addition, environmental lien data will be obtained for up to 25 parcels that may be considered for full or partial acquisition. 5.4.1.5. Occupant and Owner Interviews To the extent practical, interviews will be conducted with current property owners or personnel to determine the historical and current use of subject properties and surrounding areas, as well as available information concerning the potential presence of hazardous materials. The parcels selected for owner/occupant interviews would be limited to parcels outside of the existing right-of-way that may be considered for full or partial acquisition, and/or parcels anywhere along the project alignment that are suspected or known to contain hazardous materials. French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase II ♦ ♦ ♦ Page 111 ie. 41111110. ♦♦♦ ♦♦♦ Scope of Work 5.4.1.6. Evaluate Data and Report Preparation Consultant will evaluate available information collected concerning the project site and its surroundings to identify Recognized Environmental Conditions (RECs). According to the American Society for Testing and Materials (ASTM) E 1527-05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (Phase I ESA), RECs are defined as "the presence or likely presence of hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water of the property." Significant findings from the above -stated tasks will be summarized in a stand-alone ISA technical report, and recommendations will be made for additional site assessment activities, if needed. Deliverable: Updated ISA Technical Report 5.5. Paleontological Mitigation Plan (PMP) (235.05.25) A Paleontological Mitigation Plan (PMP) will be prepared that will include the development of a non-standard special provision for implementation of the PMP. The PMP will ensure that the proposed project will not have an adverse impact on paleontological resources. Deliverable: Approved Paleontological Mitigation Plan 6. Geotechnical Studies 6.1 Preliminary Geotechnical Design Report (PGDR) (185.20.15) Consultant will prepare a preliminary report that assesses the impacts of the anticipated geotechnical conditions based upon available subsurface information on the construction of the project, and provides preliminary geotechnical recommendations for design and construction of the roadway portions of the project; the report will be submitted to District 8 Geotechnical Services for review. (Note: This task will be completed prior to the Geotechnical Design Report task.) Deliverable: Preliminary Geotechnical Design Report 6.2 Geotechnical Design Report (GDR) (230.05.70.15) This task includes efforts required to finalize a Geotechnical Design Report (GDR), from subsurface exploration through report and boring log completion. The GDR will provide the geotechnical recommendations required to produce a complete District PS&E. Recommendations will be made in support of the design of cut slopes, embankments, earthwork, landslide remediation, standard plan retaining walls, standard plan sound walls, overhead signs, changeable message signs, groundwater studies, erosion control features, sub -excavation, and other studies involving geotechnical investigations and engineering geology. The GDR effort includes subsurface exploration, including test borings, soundings and/or geophysics, to characterize geologic and geotechnical conditions for the project. The GDR uses information collected during subsurface exploration to provide recommendations that support both the design and construction of the project. The GDR will provide the following: • Description of the project • Summary of existing facilities and proposed improvements • Summary of pertinent reports and investigations • Physical setting • Discussion of field exploration • Summary of geotechnical testing • Geotechnical conditions • Geotechnical analysis and design • Material sources • Material disposal • Construction considerations French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase 11 ♦ Page 1 12 411. 11101 /1110. • Recommendations and specifications Deliverable: Geotechnical Design Report 6.3 Preliminary Materials Report (185.20.25) Consultant will prepare a preliminary report that provides structural pavement section alternatives for inclusion in the LCCA report, as well as preliminary corrosion recommendations for drainage structures; the report will be submitted to District 8 Materials Group for review. (Note: This task will be completed prior to the Materials Report task.) Deliverable: Preliminary Materials Report 6.4 Materials Report (230.05.70.25) Consultant will complete efforts required to complete a Materials Report. The Materials Report will provide recommendations for the following project components: • Pavement structure recommendations • Materials disposal sites • Culverts (or other drainage materials) • Slide prone areas with erosive soils • Corrosion studies Deliverable: Materials Report 6.5 Pavement Design Report (185.20.20) Non-destructive pavement deflection data will be gathered from each through traveled lane at 200 foot intervals using the JILS Falling Weight Deflectometer, imposing a series of 9,000 pound Toads per California Test Method 356. Consultant will provide non-destructive testing equipment, operator, recorder and traffic control as necessary. Data obtained will include ten (10) sensor readings recorded within the deflection basin at each test point. Pavement deflection sensors are generally spaced 6" to 12" on center, defining the specific pavement deflection basin under loading. During deflection testing operations, notes of visual pavement conditions and/or distress, cross streets, presence or absence of curb and gutter, and other such observations will be logged. Correlating data will include pavement temperature and GPS documentation at each test location. Field data collected will undergo modeling and analysis. Data analysis will provide a typed tabulation of deflection measurements and field notes locating cross streets, pertinent landmarks, field conditions, etc. The tabulation will include the reading of sensors, as well as an equivalent Traveling Deflectometer deflection at the loading point. An engineering review of test data to isolate or separate limits of similar deflection response for statistical summary of data (providing the 80th percentile deflection) will be made. Prior to field sampling operations, Underground Service Alert will be notified, test locations marked, and a meeting held, if requested, with concerned utilities to relocate test sites as necessary. Coring and boring of the in-situ roadway materials will be performed to determine pavement thicknesses and to obtain subgrade materials for further analysis. Additional samples will be removed from the areas of planned widening. Consultant will provide traffic control during sampling operations. The in-place moisture content of the subgrade soil samples removed at each location will be determined. Individual or composite samples of subgrade material which typify the materials encountered will be selected and subjected to R -Value testing for use in component analysis and/or replacement/widening section design. Using the traffic indices and existing pavement thickness information determined during coring operations, the 80th percentile deflection response will be compared to known pavement models. This comparison will produce French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase II ♦ ♦ ♦ Page 113 ♦ ♦ 11 • ♦•♦ ; ♦•♦ Scope of Work overlay requirements for a select design period in accordance with Caltrans Test Method Number 356, and a service life reading (Nominal Service Life) for the roadways studied. Engineered recommendations for alternate methods of pavement rehabilitation and/or replacement will be provided. Deliverables: Pavement Design Report 6.6 Preliminary Foundation Report (PFR) (240.65) Consultant will prepare a preliminary foundation report for bridges, bridge widenings, and non-standard retaining walls that require Type Selection within the project that will document existing foundation conditions, make preliminary foundation recommendations and identify the need for additional investigations. Deliverable: Preliminary Foundation Report 6.7 Foundation Report (240.80) Following approval of structure Type Selection, Consultant will perform a site specific foundation investigation and prepare a report that contains foundation design and construction recommendations in accordance with Caltrans guidelines; each foundation report will be submitted to Caltrans Geotechnical Design for review. 6.7.1 Log of Test Borings (LOTB) Sheets Consultant will prepare LOTB sheets. This task includes drafting support for preparation of a LOTS for each retaining wall, sound wall, or other subsurface exploration for the Foundation Report and the structure PS&E plans. Deliverable: Foundation Report and LOTB Sheets 7. Preliminary Design and Engineering Reports 7.1. Design Refinements (185.05) Consultant will evaluate the project geometrics to determine potential safety enhancements, construction cost savings, right-of-way impact reductions, constructability enhancements, and changes that would reduce exceptions to Highway Design Manual (HDM) design criteria. Consultant will evaluate the following potential design refinements: • Lower and shift Retaining Wall 109 • Reduce SB CD road from French Valley Parkway to Winchester Road from two lanes to one. • Reduce the width and length of the SB CD Bridge over Santa Gertrudis Creek. • Keep the NB Winchester diagonal on-ramp on its existing alignment. • Adjust the French Valley Parkway ramps to near 90 degree termini. 7.1.1. Design Refinement Exhibits Consultant will prepare exhibits that will clearly present the design refinements in contrast to the current approved project design. The exhibits will include horizontal/vertical geometrics, key cross-sections, grading footprint and structure dimensions. Deliverable: Design Refinement Exhibits 7.1.2. Design Refinement Estimates Consultant will prepare ballpark construction cost estimates that identify the expected cost differentials associated with the proposed refinements. These estimates will contrast the refinements to the current proposed project. Deliverable: Design Refinement Estimates French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase 11 ♦ ♦ Page 114 111.1. 1111110. Jt UV,. ♦•♦ Scope of Work 7.1.3. Design Refinement Environmental Analysis Consultant will evaluate the effect of the design refinement on the environment. Consultant will compare the refinement versus the design evaluated in the approved environmental document and determine if any additional studies or reevaluation would be required to approve the design refinement. Deliverable: Design Refinement Environmental Analysis Memorandum 7.1.4. Design Refinement FHWA New Connection Analysis Consultant will evaluate the effect of the design refinement to determine if the proposed changes would affect the new connection approval. Deliverable: Design Refinement FHWA Technical Memorandum 7.1.5. Design Refinement Workshops Consultant will assist the City with hosting three design refinement workshops to evaluate the potential refinements with key parties including; City of Temecula, City of Murrieta and Caltrans Design & Environmental staff. This team will determine which refinements are carried into design and which are rejected. Deliverable: Three Design Refinement Workshop meetings including agenda and minutes 7.1.6. Design Refinement Technical Memorandum Consultant will develop a technical memorandum that summarizes the refinements considered and the various studies/analyses prepared for each. The technical memorandum will also indicate which refinements were selected and which were rejected, and will document the methodology used for alignment screening and ranking. Deliverable: Design Refinement Technical Memorandum 7.2. Geometric Approval Drawing (GAD) (185.15) Consultant will update the project geometrics originally prepared in metric units to English units. The design will be adjusted including horizontal and vertical alignments, typical sections, superelevation diagrams, earthwork, and cut/fill lines. The updated design will be prepared to obtain approval of an updated Geometric Approval Drawing (GAD). Consultant will prepare the GAD in strip map format. The GAD submittal package will include a signature block and a traffic volumes diagram. Components of the GAD will include: 7.2.1. Roadway and Miscellaneous Design (185.15.05) 7.2.1.1. Base Geometrics Consultant will prepare a base geometric exhibit that includes the primary geometric data required to construct the project. Horizontal curve data will be organized in a data table. A legend and list of abbreviations will be prepared. 7.2.1.2. Typical Sections Consultant will prepare typical sections for freeway lanes, CD roads, ramps, and arterial road improvements that include original ground, traveled way, shoulders, cut/fill slopes, retaining and sound walls, existing/proposed right-of-way and existing/recommended structural sections. 7.2.1.3. 3-D Modeling Consultant will prepare 3 -Dimensional Model of the proposed design. The modeling will develop the contours for contour grading, cut/fill lines and ultimately, the earthwork cross sections to determine earthwork quantities. 7.2.1.4. Profile/Superelevation Diagrams Consultant will prepare profile and superelevation diagrams for freeway, ramp, collector -distributor and French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase II ♦ ♦ ♦ Page 115 arterial road improvements that include original ground, profile grades and superelevation diagrams. 7.2.1.5. Truck Turning Templates Consultant will prepare truck turning template exhibits to verify that turning standards at intersections are met. Deliverable: Updated English Units GAD 7.2.2. Proposed Geometrics Review (185.15.10) Consultant will respond to review comments of the proposed geometrics by Caltrans Headquarters (HQ) Design Coordinator, District Oversight Design Manager, and District Project Engineer leading to approval of design assumptions, and GAD. Deliverable: Respond to Geometric Review Comments 7.2.3. Requests for Exceptions to Design Standards (185.15.15) Consultant will review Design Exception Fact Sheets prepared for the PR and develop supplemental Fact Sheets for up to ten modified or additional design exceptions. Deliverable: Supplemental Design Exception Fact Sheets 7.3. Prepare Engineering Reports (185.20) Consultant will prepare the following Engineering Reports: 7.3.1. Hydrology and Hydraulics Report (185.20.10) Consultant will prepare a Hydrology and Hydraulics Report that analyzes existing off-site and on-site hydraulic facilities and provides calculations to support the design of the drainage facilities needed for the project; the report will be submitted to District 8 Hydraulics Branch for review. Deliverable: Preliminary Hydrology and Hydraulics Report 7.3.2. Sound Wall Design Report (185.20.30) Consultant will prepare a Sound Wall Design Report outlining design assumptions and criteria to be used in the final design of the project sound walls. The Sound Wall Design Report will use the French Valley Parkway/I-15 Noise Abatement Decision Report (NADR) as its basis. The sound walls to be designed include: • Sound Wall -2 • Sound Wall -9 Deliverable: Sound Wall Design Report 7.3.3. Updated Transportation Management Plan (TMP) (185.20.35) Consultant will prepare a TMP based on the design and staging of the project. The TMP prepared for the PR will be used as the basis for the plan, with revisions as appropriate. Deliverable: Update TMP 7.3.4 Life -Cycle Cost Analysis (LCCA) (185.20.99) Consultant will prepare a Life -Cycle Cost Analysis for the various optional new pavement structural sections and rehabilitation to existing pavement sections. The LCCA will be prepared in conformance with the Caltrans Life -Cycle Cost Analysis Procedures Manual updated August 2010. Deliverables: Pavement Life -Cycle Cost Analysis 7.4. Structure Site Plans (185.30) 7.4.1. Site Plans for Bridges and Structures (185.30.10) French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase 11 ♦ ♦ ♦ Page 1 16 110110. 41. ♦�♦ -, , . ♦�� Scope of Work Consultant will prepare a Bridge Site Data Submittal (BSDS) package based on the updated GAD. The Site Data Submittal package will be prepared for the following structures: 7.4.1.1. Route 79/15 Separation (West Tie -back Wall) 7.4.1.2. Santa Gertrudis Creek Bridge (R) (Widen) 7.4.1.3. Winchester NB On -Ramp Bridge (Replace) 7.4.1.4. Santa Gertrudis Creek SB CD Bridge 7.4.1.5. Retaining Wall -109 A (West Non-standard) 7.4.1.6. Retaining Wall -109 B (East Non-standard) 7.4.1.7. French Valley NB Off -Ramp Retaining Wall A (West Non-standard) 7.4.1.8. French Valley NB Off -Ramp Retaining Wall B (East Non-standard) 7.4.1.9. French Valley Parkway OC 7.4.1.10. French Valley Parkway NB Off -Ramp Bridge 7.4.1.11. Warm Spring Creek Bridge (R/L) (Widen) 7.4.1.12. Retaining Wall -128 A (West Non-standard) 7.4.1.13. Retaining Wall -128 B (East Non-standard) 7.4.1.14. NB 1-15 CD Connector Deliverable: BSDS Packages 7.4.2. Site Plans for Retaining Walls (185.30.15) Consultant will prepare the Site Data Submittal package for retaining walls for review and conceptual approval. The Site Data Submittal forms will be prepared for the following retaining walls: 7.4.2.1. Retaining Wall -106 7.4.2.2. Retaining Wall -108 7.4.2.3. Retaining Wall -115 7.4.2.4. Retaining Wall -118 7.4.2.5. Retaining Wall -119 7.4.2.6. Retaining Wall -121 7.4.2.7. Retaining Wall -122 7.4.2.8. Retaining Wall -123 7.4.2.9. Retaining Wall -129 7.4.2.10. Retaining Wali -135 Deliverable: Site Plans for Retaining Walls 7.4.3. Site Plans for Sound walls (185.30.20) Consultant will prepare a Site Data Submittal package for sound walls. Consultant will prepare site plans for review and conceptual approval. The Site Data Submittal forms will be prepared for the following sound walls: 7.4.3.1. Sound wall -2 7.4.3.2. Sound wall -9 Deliverable: Site Plans for Sound walls 7.5. Type Selection (240.75) This task includes preliminary design, plan sheets, quantities, estimates, Type Selection, Seismic Retrofit Strategy, and constructability review. Also included are updates to the plans, quantities, and estimates resulting from review of the preliminary work and distribution of the approved General Plans to HO. DES and District Design representatives. 7.5.1. Structures Type Selection Package. Consultant will produce, submit, and present a Type Selection Package for the bridges and special design retaining walls. Consultant will schedule, conduct, and document a Type Selection Meeting in Sacramento to French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase 11 ♦ ♦ 11.10. Page 1 17 411111111, 111111110. 111111100. ♦•♦ Scope of Work discuss and provide information on foundation and falsework requirements, proposed seismic design criteria, aesthetics, traffic handling, and other pertinent information related to bridge design, construction and maintenance. General Plans will be developed and submitted with the Type Selection package per the Office of Special Funded Projects (OSFP) Information and Procedures Guide (IPG). The Type Selection Package will contain: • General Plans, General Plan Estimate, Vicinity Map, Type Selection Memo, Project Seismic Design Criteria, Preliminary Foundation Recommendations, and supporting documentation for seismic strategies and associated costs. For structures that will be widened, a seismic retrofit strategy will be discussed. • Prior to the Type Selection meeting, the Consultant will submit two copies of the Bridge Site Data Submittal, and the Boring Plan. • In preparation for the Type Selection meeting, the Consultant will furnish OSFP with 14 Copies of the Type Selection Report; 1 Copy of the approved Bridge Site Data Submittal form and attachments; 2 Copies Draft Foundation Plan; 4 Copies of the Preliminary Foundation Report, and 1 electronic copy of the General Plan in .dgn format. • After receiving written approval of the proposed General Plan and structure type, the Consultant will furnish OSFP with two copies of the Type Selection Review Meeting Summary, 40 copies of the updated General Plan and two copies of the General Plan Estimate. Type Selection Packages will be created for the following structures: 7.5.1.1 Route 79/15 Separation (West Tie -back Wall) 7.5.1.2 Santa Gertrudis Creek Bridge (R) (Widen) 7.5.1.3 Winchester NB On -Ramp Bridge (Replace) 7.5.1.4 Santa Gertrudis Creek SB CD Bridge 7.5.1.5 Retaining Wall -109 A (West Non-standard) 7.5.1.6 Retaining Wall -109 B (East Non-standard) 7.5.1.7 French Valley NB Off -Ramp Retaining Wall A (West Non-standard) 7.5.1.8 French Valley NB Off -Ramp Retaining Wall B (East Non-standard) 7.5.1.9 French Valley Parkway OC 7.5.1.10 French Valley Parkway NB Off -Ramp Bridge 7.5.1.11 Warm Spring Creek Bridge (R/L) (Widen) 7.5.1.12 Retaining Wall -128 A (West Non-standard) 7.5.1.13 Retaining Wall -128 B (East Non-standard) 7.5.1.14 NB 1-15 CD Connector 7.5.2. Structures Aesthetics Package. Consultant will prepare an Aesthetics Treatment Package for the structures. The package will consist of proposed aesthetically enhancing structural details and surface treatments. The package will be submitted to Caltrans for approval. Deliverable: Draft General Plans, Type Selection/Aesthetics Package 8. Roadway - Draft Plans and Estimate (230) The end product of the task is completed 30% and 60% Roadway Plans for City and Caltrans District review. 8.1. Prepare Draft Roadway Plans (30%) (230.05) Consultant will prepare the following draft 30% roadway plans: 8.1.1. Title Sheet Consultant will prepare the project title sheet in accordance with Caltrans policies and procedures. French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase II ♦ ♦ ♦ Page 1 18 ♦ ♦.► Scope of Work Deliverable: 30% Title Sheet 8.1.2. Typical Cross Section Sheets Consultant will prepare typical section sheets. Deliverable: 30% Typical Cross Section Sheets 8.1.3. Key Map and Line Index Sheet Consultant will prepare a key map and line index sheet. Deliverable: 30% Key Map and Line Index 8.1.4. Roadway Layout Sheets Consultant will prepare layout sheets. Deliverable: 30% Roadway Layout Sheets 8.1.5. Profile and Superelevation Sheets Consultant will prepare profile and superelevation sheets. Deliverable: 30% Profile and Superelevation Sheets 8.2. Prepare Draft Roadway Plans (60%) Consultant will prepare the following draft 60% roadway plans: 8.2.1. Title Sheet Consultant will prepare the project title sheet in accordance with Caltrans policies and procedures. Deliverable: 6O% Title Sheet 8.2.2. Typical Cross Section Sheets Consultant will prepare typical section sheets. Deliverable: 60% Typical Cross Section Sheets 8.2.3. Key Map and Line Index Sheet Consultant will prepare a key map and line index sheet. Deliverable: 60% Key Map and Line Index 8.2.4. Roadway Layout Sheets Consultant will prepare layout sheets. Deliverable: 60% Roadway Layout Sheets 8.2.5. Profile and Superelevation Sheets Consultant will prepare profile and superelevation sheets. Deliverable: 6O% Profile and Superelevation Sheets 8.2.6. Construction Detail Sheets Consultant will prepare construction detail sheets. Deliverable: 60% Construction Detail Sheets 8.2.7. Contour Grading Sheets Consultant will prepare contour grading sheets. Deliverable: 60% Contour Grading Sheets 8.2.8. Summary of Quantities Sheets Consultant will prepare summary of quantities sheets. French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase ll ♦ ♦ ♦ Page 1 19 411110 APO. 40. Deliverable: 60% Summary of Quantities Sheets 8.2.9. Sound Wall Sheets This scope of work assumes that all of the proposed sound walls are standard plan walls. Consultant will prepare noise barrier plan sheets for the following sound walls: 8.2.9.1. Sound Wall -2 8.2.9.2. Sound Wall -9 Deliverable: 60% Sound Wall Sheets 8.2.10.Retaining Wall Sheets This scope of work assumes that all of the proposed retaining walls are standard plan walls. Consultant will prepare retaining wall plan sheets for the following walls: 8.2.10.1. Retaining Wall -106 8.2.10.2. Retaining Wall -108 8.2.10.3. Retaining Wall -115 8.2.10.4. Retaining Wall -118 8.2.10.5. Retaining Wall -119 8.2.10.6. Retaining Wall -121 8.2.10.7. Retaining Wall -122 8.2.10.8. Retaining Wall -123 8.2.10.9. Retaining Wal -129 8.2.10.10. Retaining Wall -135 Deliverable: 60% Retaining Wall Sheets 8.2.11.Select Standard Plans Consultant will determine standard plans needed for the project and prepare a list of the plan sheets. Deliverable: Standard Plans List 8.2.12.Stage Construction, Detour and Traffic Handling Plans Consultant will coordinate with Caltrans Construction and Traffic Operations Divisions to prepare stage construction, detour, and traffic handling plans. Deliverable: 60% Stage Construction, Detour, and Traffic Handling Plans 8.2.13. Water Pollution Control Plans For the portions of the project within State Right of Way the Consultant will prepare water pollution control plans and reports in coordination with Caltrans' Environmental Division NPDES Branch. The French Valley Parkway/I-15 Storm Water Data Report (SWDR) will be the basis for the plan preparation. For the portions of the project outside of State Right of Way the Consultant will prepare water pollution control plans and reports in coordination with the City of Temecula's guidance for Water Quality Management plans. The French Valley Parkway/I-15 Project Specific Water Quality Management Plan will be the basis for the plan preparation. 8.2.13.1. Temporary Water Pollution Control Sheets Consultant will prepare plans for temporary water pollution control facilities. Design of these facilities will include current Best Management Practices (BMP) and will conform to the requirements of Caltrans and the Regional Water Quality Control Board. 8.2.13.2. Erosion Control Sheets Consultant will prepare plans for permanent erosion control facilities. Design of these facilities will include current BMPs and will conform to the requirements of Caltrans and the Regional Water Quality French Valley Parkway/Interstate 15 Overcrossing and Interchange improvements -Phase II Page 120 4410. 4400. ♦•-♦''' ♦♦® Scope of Work . vitePt Control Board. Deliverable: 60% Water Pollution Control Plans 8.2.14.Hydrology & Hydraulics Report Consultant will prepare a final Hydrology and Hydraulics Report based on the preliminary report and comments from Caltrans' District 8 Hydraulics Branch. 8.2.14.1. Storm Water Data Report (SWDR) For the portions of the project within State Right of Way the Consultant will update the SWDR to confirm that the programmed project includes sufficient right-of-way and budget for required storm water controls and identify project -specific permanent and temporary BMPs that may be required to mitigate impacts. Drainage areas and total disturbed area will be defined, as will climatic conditions, existing drainage site conditions, site permeability, soil texture, existing vegetation and groundwater. Deliverable: Hydrology and Hydraulics Report, SWDR 8.2.14.2. Local Agency Water Quality Management Plan (WQMP) For the portions of the project outside of State Right of Way the Consultant will prepare a Project Specific Water Quality Management Plan in accordance with the requirements on the City of Temecula's website: http://www,citvoftemecula.org/Temecula/Government/PublicWorks/WQM PandN PDES/WQM P.htm Deliverable: Project Specific Water Quality Management Plan 8.2.15.Highway Planting Plans (230.10) Consultant will complete landscape design activities including design, field reviews, delineation, and internal/external coordination necessary to develop highway -planting plan sheets. 8.2.15.1. Highway Planting Sheets Consultant will complete highway planting sheets. Deliverable: 60% highway planting sheets 8.2.15.2. Plant List Sheets Consultant will complete highway plant list sheets. Deliverable: 60% plant list 8.2.15.3. Irrigation & Quantity Sheets Consultant will complete highway irrigation sheets. Deliverable: 60% Irrigation sheets. 8.2.16.Traffic Plans (230.15) Consultant will coordinate with Caltrans District 8 Traffic Design Branch to prepare traffic design plans for the project, including Signing and Pavement Delineation, Construction Area Sign, and Traffic Electrical plans. 8.2.16.1. Signing and Pavement Delineation Sheets Consultant will prepare pavement delineation and roadside sign sheets. 8.2.16.1.1. Pavement Delineation Sheets Consultant will prepare pavement delineation sheets. 8.2.16.1.2. Sign Sheets Consultant will prepare sign sheets. 8.2.16.1.3. Overhead Sign Detail Sheets Consultant will prepare overhead sign detail sheets. French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase It ♦ Page 121 40. 1111110. s®® Scope of Work Deliverable: 60% Signing and Pavement Delineation Sheets 8.2.16.2. Construction Area Sign Sheets Consultant will prepare construction area sign sheets. Deliverable: 60% Construction Area Sign Sheets 8.2.16.3. Traffic Electrical Sheets 8.2.16.3.1. Traffic Signal Sheets Consultant will prepare plans to add traffic signals. The plans will include details necessary to install the traffic signals and will conform to the requirements of the City and Caltrans. It is anticipated that up to four intersections will be signalized. 8.2.16.3.2. Lighting and Sign Illumination Sheets Consultant will prepare street and freeway lighting plans. The sheets will provide information necessary to install freeway and city lighting circuits and service connections to support a lighting system and will adhere to the City of Temecula, City of Murrieta, and Caltrans standards. The signalized intersections will include intersection safety lighting that will be shown on the signal and lighting sheets. 8.2.16.3.3. Ramp Metering Sheets Consultant will prepare plans to add ramp metering at freeway entrance ramp locations. The sheets will include details necessary to install the ramp metering components. It is anticipated that up to eight freeway entrance ramp locations will be metered. 8.2.16.3.4. Communications Sheets Consultant will prepare communications plans that will indicate TMC communication methods and details for Caltrans traffic signals and freeway ramp metering. The sheets will include information necessary to install communications equipment as required by the Caltrans TMC. 8.2.16.3.5. Temporary Traffic Signals and Lighting Sheets Consultant will prepare temporary traffic signal and lighting sheets for temporary signals and lighting required during construction of the project. Deliverable: 60% Traffic Electrical Sheets 8.2.16.3.6. Transportation Management Plan (TMP) Consultant will coordinate with Caltrans District 8 Traffic Manager Branch to prepare an updated TMP for the project. Deliverable: TMP 8.2.17.CPM Construction Schedule. Consultant will prepare a CPM construction schedule. The schedule will determine impacts during construction, and assist in the development of the TMP. Deliverable: Completed CPM Construction Schedule 8.2.18.Utility Plans (230.25) Consultant will coordinate with Caltrans District 8 Right -of -Way Utilities Branch to prepare the project utility plans for the project. Work includes preparation of utility plans for installation/relocation of utilities to be performed by the project contractor. Work also includes reviewing plans from utilities for relocation work performed by the utility provider to confirm there are no conflicts with their plans and the project's subsequent construction. French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase II ♦ ♦ ♦ Page 1 22 1110. 11111. ♦•♦ Scope of Work 8.2.18.1. Utility Sheets Consultant will prepare utility sheets. 8.2.18.2. Utility Detail Sheets Consultant will prepare utility detail sheets. Deliverable: 60% Utility Plans 8.2.19.Drainage Plans (230.30) Consultant will prepare drainage plan, profile, and detail sheets. 8.2.19.1. Drainage Plan Sheets Consultant will prepare drainage plan sheets. 8.2.19.2. Drainage Profile Sheets Consultant will prepare drainage profile sheets. 8.2.19.3. Drainage Detail Sheets Consultant will prepare drainage detail sheets. Deliverable: 60% Drainage Plans 8.2.20. Draft Specifications(230.35) Consultant will compile unedited Standard Special Provisions (SSP's ) for inclusion with the 60% submittal. Additionally, consultant will identify known potential Non -Standard Special Provisions for development with Caltrans. Deliverable: Draft Specifications 8.2.21. Draft PS&E Quantities and Estimates (230.40) Consultant will prepare project quantity sheets and BEES estimates for District PS&E draft circulation. A list of roadway contract items with item descriptions, item numbers, and units of pay, item pay codes, quantities, and estimated unit costs will be prepared. 8.2.21.1. Roadway Quantities and Estimate (230.40.05) Consultant will prepare roadway quantities and estimate. Deliverable: 60% Roadway, Retaining Wall and Sound Wall Quantities 8.2.21.2. Planting Quantities and Estimate (230.40.10) Consultant will prepare planting quantities and estimate. Deliverable: 60% Planting Quantities 8.2.21.3. Drainage Quantities and Estimate (230.40.15) Consultant will prepare drainage quantities and estimate. Deliverable: 60% Drainage Quantities 8.2.21.4. Traffic Quantities and Estimate (230.40.20) Consultant will prepare traffic quantities and estimate. 8.2.21.4.1 Stage Construction Quantities and Estimate Consultant will prepare stage construction quantities and estimate. 8.2.21.4.2 Construction Area Sign/Detour Quantities and Estimate Consultant will prepare construction area sign/detour quantities and estimate. 8.2.21.4.3 Pavement Delineation Quantities and Estimate French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase Il ♦ 4111. ♦ Page 123 ♦�♦ Scope of Work rvav Consultant will prepare pavement delineation quantities and estimate. 8.2.21.4.4 Sign Quantities and Estimate Consultant will prepare sign quantities and estimate. Deliverable: 60% Traffic Quantities 8.2.21.5. Electrical Quantities and Estimate (230.40.25) Consultant will prepare electrical quantities and estimate. Deliverable: 60% Electrical Quantities 8.2.21.6. Utility Quantities and Estimate (230.40.30) Consultant will prepare utility quantities and estimate. Deliverable: 60% Utility Quantities 8.2.21.7. Temporary Water Pollution Control Quantities and Estimate (230.40.35) Consultant will prepare temporary water pollution control quantities and estimate. Deliverable: 60% Temporary Water Pollution Control Quantities 8.2.21.8. Erosion Control Quantities and Estimate (230.40.40) Consultant will prepare erosion control quantities and estimate. Deliverable: 60% Erosion Control Quantities 8.2.22. Review and Update Project Information for PS&E Package (230.60) Consultant will conduct reviews and update project information to begin production of the PS&E package. This sub -task includes the 60% Constructability Review. The reviews and updates are an ongoing process throughout the design, so that reports and analyses i.e., the Storm Water Data Report are ready for PS&E District draft circulation. Deliverable: Coordinate, Review and Update Project Information for PS&E Package 9. Roadway - Intermediate PS&E (230) Following the submittal of the Draft Roadway Plans (60%) Unchecked Details, Consultant will perform an independent design review, 90% Roadway PS&E and 95% Roadway PS&E Submittals for City and Caltrans District review. Tasks include: 9.1. 90% PS&E 9.1.1. Independent Design Review An independent design review will be conducted. Checking will include the preparation of an independent review of roadway design calculations, review of the structural P&Q package. An independent check of the plans prepared in the 60% Roadway design submittal will be completed including: • Check the design and plan sheets for accuracy and conflicts • Perform an independent check of the draft quantities • Perform constructability review Deliverable: Roadway Independent Design Review 9.1.2. 90% Roadway PS&E Consultant will prepare the 90% Roadway PS&E which will include the following: 9.1.2.1. Updated Roadway Plans Consultant will update the Roadway Plans per comments from the City, Caltrans District 8 and the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase II ♦ 10111.4110. Page 1 24 1111110. 111110. 41111100. ♦•♦ =' ♦•♦ Scope of Work Independent Review of the 60% Roadway Submittal, 9.1.2.2. Draft Roadway Specifications This task includes efforts required to prepare the draft Roadway Specifications for the non-structural items of the project. 9.1.2.3. Updated Roadway Estimate Consultant will update the Roadway Estimate per comments from the City, Caltrans District 8 and the Independent Review of the 60% Roadway Submittal. Deliverable: 90% Roadway Plans, Specifications and Estimates 9.2. 95% Roadway PS&E Consultant will prepare the 95% Roadway PS&E which will include the following: 9.2.1. Updated Roadway Plans Consultant will update the Roadway Plans per comments from the City and Caltrans District 8 on the 90% Roadway Submittal. 9.2.2. Draft Roadway Specifications Consultant will update the Roadway Specifications per comments from the City and Caltrans District 8 on the 90% Roadway Submittal. 9.2.3. Updated Roadway Estimate Consultant will update the Roadway Estimate per comments from the City and Caltrans District 8 on the 90% Roadway Submittal. Deliverable: 95% Roadway Plans, Specifications and Estimates 10. Structures - Draft Plans and Quantities (240) This task is comprised of the following sub -tasks. The end product of the task is to provide Structure Plans for draft PS&E district circulation. 10.1. Overall Draft Structures PS&E Efforts to develop the overall structure plans do not apply to the specific sub -tasks in this task. This sub -task includes technical coordination, technical meetings with HQ Division of Engineering Services (DES) and District representatives, and other non-specific activities that are directly related to the development of the draft PS&E. Deliverable: Draft Structures PS&E Coordination 10.2. Structure Hydraulics Report (240.60) Consultant will provide a Structure Hydraulics Report for each structure for review by DES prior to District draft PS&E. Deliverable: Structure Hydraulics Report 10.3. Unchecked Details (240.85) Following approval of the Type Selection, Consultant will perform Unchecked Details (60%) for Caltrans OSFP review. Tasks include: • Perform structural analysis and develop draft design. • Prepare draft structure plan sheets. • Perform a Constructability Review (CR) of the unchecked details. French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase II Page 1 25 ut�cwae ♦•♦♦•♦ Scope of Work • Distributed unchecked details package to District, including plan Unchecked Structure Plans (paper and DGN), Draft Foundation Report and Draft Road Plans in accordance with OSFP IPG. • Consultant will support the creation of foundation plans in coordination with DES Geotechnical Services and District 8 representatives. Consultant will prepare Unchecked Details (60%) plans for the following structures: 10.3.1 Route 79/15 Separation Tie -back Wall 10.3.2 Santa Gertrudis Creek Bridge (R/L) (Widen) 10.3.3 Winchester NB On -Ramp Bridge (Replace) 10.3.4 Santa Gertrudis Creek SB CD Bridge 10.3.5 Retaining Wall -109 A (West Non-standard) 10.3.6 Retaining Wall -109 B (East Non-standard) 10.3.7 French Valley NB Off -Ramp Retaining Wall A 10.3.8 French Valley NB Off -Ramp Retaining Wall B 10.3.9 French Valley Parkway OC 10.3.10 French Valley Parkway NB Off -Ramp Bridge 10.3.11 Warm Spring Creek Bridge (R/L) (Widen) 10.3.12 Retaining Wall -128 A (West Non-standard) 10.3.13 Retaining Wall -128 B (East Non-standard) 10.3.14 NB 1-15 CD Connector Deliverable: Unchecked Details (60%) Structures Plans 11. Structures - Intermediate PS&E (240.85) Following approval of the Unchecked Details, Consultant will perform Initial PS&E (90%) and Intermediate PS&E (95%) for Caltrans OSFP review. Tasks include: 11.1. Initial PS&E (90%) 11.1.1 Structures Independent Check An independent design check will be conducted. Checking will include the preparation of an independent set of structural design check calculations and a review of the structural P&Q package. An independent check of the plans prepared in the Unchecked Details submittal will be completed including: • Perform an independent structural analysis. • Check the design and plan sheets. • Prepare draft quantities. • Perform an independent check of the draft quantities. • Prepare Memorandum to Specification Engineer/Cost Estimator. • Prepare Working Day Schedule. Deliverable: Structures Independent Check 11.1.2 Initial Structures PS&E Consultant will prepare the Initial Structures PS&E which will include the following: 11.1.2.1 Updated Structure Plans Consultant will update the Structure Plans per comments from OSFP and the Independent Check of the Unchecked Details Submittal. 11.1.2.2 Draft Structures Special Provisions and Cost Estimate This task includes efforts required to prepare the draft Structure Specifications and Estimate (SS&E). The activities include: French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase II ♦ ♦ Page 1 26 Scope of Work • Review of the structure plans and quantities. • Review Memorandum to Specification Engineer/Cost Estimator. • Update structure contract item list. • Prepare draft special provisions. • Update cost estimate for structure contract items and working day summary. • Transmit draft PS&E package to District Office Engineer. Deliverable: Initial Structures Plans, Specifications and Estimates in accordance with the OSFP IPG 11.2. Intermediate PS&E (95%) 11.2.1. Updated Structure Plans Consultant will update the Structure Plans per comments from OSFP on the Initial PS&E Submittal. 11.2.2.Draft Structures Special Provisions and Cost Estimate Consultant will update the Structure Special Provisions and Cost Estimate per OSFP comments on the Initial PS&E Submittal. Deliverable: Intermediate Structures PS&E in accordance with the OSFP !PG 12. Ready to List Process Consultant will combine the Roadway and Structures PS&E's to enter into the Ready to List Process. 12.1. Combined Roadway/Structures PS&E for OE Review The end product of the task is to provide structure plans, specifications, and estimates for PS&E district circulation. This task is comprised of the following sub -tasks: 12.1.1 Finalize Structures for Incorporation into Roadway PS&E Final review of the Structures PS&E by HQ DES, including review of the draft Structures PS&E package, Hydraulic Report, and Foundation Report. This sub -task also includes constructability review of final documents and concurrence by DES project development team that approved recommendations have been incorporated in the final Structures PS&E. 12.1.1.1. Structure PS&E for OE Review (250.55) This task includes efforts required to prepare final structures plans for incorporation into the final SPS&E package. The activities include: • Update plan sheets based on final project review (95% Constructability Review). • Review and incorporate District and Structure Office Engineer comments into final structure plans and quantity calculations. • Update Memorandum to Specification Engineer and other items for Resident Engineers. • Update specifications based on final project review (95% Constructability Review). • Update Basic Engineering Estimate System (BEES) estimate. • Transmit final SPS&E package to District Office Engineer and/or DES Office Engineer for review. Deliverable: Structure Plans, Special Provisions and Estimates for OE Review 12.1.2 Finalize PS&E for District Circulation This task is comprised of the following sub -tasks. The end product of the task is to provide Roadway Plans for draft PS&E district circulation. French Valley Parkway/Interstate 15 Overcrossing and Interchange improvements -Phase II ♦ ♦ ♦ Page 1 27 IP* 111111. 111011. of 1 f" . ♦•♦ Scope of Work 12.1.2.1 Incorporate Draft Structures PS&E (230.55) Consultant will incorporate structures plan sheets and the structures estimate for District PS&E circulation. 12.1.2.2 Circulate and Review Draft District PS&E Package (255.05) Consultant will provide support for the District circulation of the draft PS&E package, including preparation of 50 plan sets for distribution. This sub -task also includes preparation of plan sets for a Plan Safety Review and a final Constructability Review. Plans will demonstrate conformity with environmental commitments, and geotechnical, materials and structural section reports. A review of the final TMP, permit approvals and aesthetics are also part of this sub -task. Deliverable: District Circulation of Draft PS&E Package 12.2. Log -in and Final District Circulation (255.20) Consultant will update PS&E deliverables as a result of the comments from the District draft PS&E circulation, Plan Safety Review, and Constructability review. This sub -task also includes updates necessary during HQ Office Engineer review prior to Ready to List. Deliverable: District Circulation of PS&E Package 12.3. Products Required for Construction Administration 12.3.1 Geotechnical Information Handout (255.25) Consultant will review the Geotechnical investigations and reports and select the necessary information and sections to be included in the Geotechnical Information Handout Deliverable: Draft and Final Geotechnical information Handout 12.3.2 Materials Information Handout (255.30) Consultant will prepare a Materials Information Handout for the use of prospective bidders. The handout will include test data on local materials sources; soil survey sheets showing borings, tests, and seismic information. It will also include a statement that the non-commercial borrow, disposal, or material sites conform to regulations and environmental laws. Deliverable: Draft and Final Materials Information Handout 12.3.3 Construction Staking Package (255.35) Consultant will provide project cross sections for contractor review and construction staking notes for the work. Cross sections and staking notes will be provided in accordance with District 8 standard requirements. These cross sections do not need to be complete prior to Ready to List but must be available for contractor review during advertisement. Staking notes must be provided when the PS&E is submitted to HQ for review. Additionally, Consultant will provide Project Control for Construction that includes locating and verifying project control as necessary to verify that control is viable for construction staking. Includes work required to enable control to be used for construction staking. Deliverable: Construction Staking Package and Project Control for Construction Staking 12.3.4 Resident Engineer's Pending File (255.40) Consultant will prepare the Resident Engineer and Structures Engineer (RE/SE) Pending File. This sub -task is an ongoing task throughout project development. The documents in the file should be pertinent to the project work and provide the RE/SE with relevant information for use during construction. Included are the Environmental Commitments Record, cross sections, and "as -built" drawings of existing facilities, slope staking notes, grid grades, and structures 4 -scales when requested by construction. This sub -task does not need to be complete prior to Ready to List but must be available for contractor review during advertisement. Deliverable: Resident Engineer's Pending File French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase II ♦ Page 128 le* -411111o. 44110. ••♦ Scope of Work 12.3.5 Right of Way Certification (255.70) Consultant will prepare the Right of Way Certification Document for this project. Deliverable: Right of Way Certification Document 12.4. Project Submittal Ready to Process (260.50) Consultant will support efforts to submit the PS&E Package to the Caltrans Headquarters Office of the Office Engineer for the Project Submittal Ready to Process. Deliverable: Project Submittal Ready to Process 12.5. Draft Contract Comment Response (260.70) Consultant will revise the PS&E package and respond to Caltrans HQ OE comments for resubmittal to HQ OE. Deliverable: Revised PS&E per HQ OE comments 12.6. Ready to List (260.70) Consultant will revise the PS&E package and respond to Caltrans HQ OE comments and support the finalization of the contract documents for Ready to List. Deliverable: Final PS&E package for Ready to List 12.7. Environmental Certification at RTL (260.75) Consultant will review the PS&E to support the City and Caltrans with Environmental Certification and ensure the following tasks are completed. • Confirm all required Environmental Commitments are included in the PS&E package. • Confirm all actions in the PS&E are covered by the approved environmental document, which remains valid. • Review conformance of PS&E with applicable Mitigation Monitoring and Reporting Records. • Review, interpret, analyze, and confirm that the PS&E is in conformance with all permit requirements. • Review and Confirm all Permits are complete and are included with the PS&E package. • Confirm that Environmental Construction Window(s) apply and if so, the PS&E addresses these window(s). • Confirm that Noise Abatement is included in the project and addressed in the PS&E. Deliverable: Environmental Certification French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase 1I ♦ ♦ ♦ Page 129 API* AP* 11111111* 44 ut Irer• I 9S9 ASSUMPTIONS ♦110.♦ Scope of Work • This scope of work constitutes our current understanding of the project. The Consultant used professional judgment and the available prior project documentation to develop this scope of work. Certain assumptions have been made in preparing the scope of work and fee estimate. To the extent possible, they are stated herein and are reflected in the estimated fees. • Consultant will work with the City to obtain existing design drawings, "as -built" drawings, design plans, reports and specifications for planned and existing affected facilities. Consultant will use reasonable professional judgment in reviewing the existing information; however, Consultant is not responsible for the accuracy of information provided. If the Consultant determines any errors of existing information, Consultant will notify the City as soon as is practicable. • All existing geotechnical engineering reports prepared either for the existing facilities or specifically for the project will be furnished by the City for Consultant's use in preparing the plans and specifications. Consultant will coordinate with the geotechnical engineer as appropriate regarding the technical findings and recommendations. • Any existing utilities, which must be crossed for construction, will be assumed to be structurally competent unless Consultant is directed otherwise by the City. No local system improvements or replacements or repairs to any other utility are included. Design of other utility relocations not specifically listed herein is not included in the fee. • All submittals will be on %2 size sheets (11x17) unless otherwise specified. • Consultant is not liable for consequences arising from the discovery during construction of undocumented or incorrectly located buried utilities or other undocumented hidden subsurface structures including waste material. • Material availability studies are not a part of this scope of work unless specifically stated otherwise. • City, Caltrans and City of Murrieta will review and comment on draft documents within the assumed review periods listed in the attached schedule, with periods not to exceed 35 working days for each submittal. Consultant shall not be responsible for the effect of review period delays on the project schedule. • Unless specifically stated otherwise, reproduction of bid documents for advertising the construction contract is not included • The scope of work for surveying and right-of-way services assumes 24 privately owned parcels and one parcel owned by Riverside County Flood Control District. It is assumed that any transfer of city -owned parcels will be handled separately by the agencies. It is assumed that the City will proceed with eminent domain in a timely manner if reasonable negotiation efforts are not successful. • Formal value analysis is not included. • This scope of work does not include a new traffic study, environmental reevaluation, or other engineering/environmental studies unless specifically stated in the scope. These items can be completed, if needed, as additional services. French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements -Phase I1 ♦ ♦ ♦ Page 1 30 4111111111, 410. IP. CITY OF TEMECULA PROJECT NO. PW02-11 FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS - PHASE II SUMMARY OF FEES FRENCH VALLEY PARKWAY OVERCROSSING/I-15 INTERCHANGE TASK DESCRIPTION 1 PROJECT MANAGEMENT (WBS 100) 2 UTILITIES (WBS 185) 3 RIGHT OF WAY (WBS 185, 220, 225) 4 MAPPING AND SURVEYS (WBS 185) 5 ENVIRONMENTAL SUPPORT (WBS 165, 205, 230, 235) 6 GEOTECHNICAL STUDIES (WBS 185, 230, 240) 7 PRELIMINARY DESIGN AND ENGINEERING REPORTS (WBS 185, 240) 8 ROADWAY DRAFT PLANS AND ESTIMATE (WBS 230) 9 ROADWAY INTERMEDIATE PS&E (WBS 230) 10 STRUCTURES DRAFT PLANS AND QUANTITIES (WBS 240) 11 STRUCTURES INTERMEDIATE PS&E (WBS 240) 12 READY TO LIST (WBS 230, 250, 255, 260) 13 OTHER DIRECT COSTS Exhibit B FEE $610,900 $106,020 $335,099 $116,174 $103,640 $278,814 $796,260 $1,512,630 $976,815 $629,590 $990,055 $335,470 $393,533 WINCHESTER ROAD/I-15 INTERCHANGE IMPROVEMENT TASK DESCRIPTION SUBTOTAL $7,185,000 FEE 1 PROJECT MANAGEMENT (WBS 100) 2 UTILITIES (WBS 185) 3 RIGHT OF WAY (WBS 185, 220, 225) 4 MAPPING AND SURVEYS (WBS 185) 5 ENVIRONMENTAL SUPPORT (WBS 165, 205, 230, 235) 6 GEOTECHNICAL STUDIES (WBS 185, 230, 240) 7 PRELIMINARY DESIGN AND ENGINEERING REPORTS (WBS 185, 240) 8 ROADWAY DRAFT PLANS AND ESTIMATE (WBS 230) 9 ROADWAY INTERMEDIATE PS&E (WBS 230) 10 STRUCTURES DRAFT PLANS AND QUANTITIES (WBS 240) 11 STRUCTURES INTERMEDIATE PS&E (WBS 240) 12 READY TO LIST (WBS 230, 250, 255, 260) 13 OTHER DIRECT COSTS $100,000 $50,000 $175,000 $160,000 $70,000 $200,000 $500,000 $720,000 $500,000 $370,000 $500,000 $200,000 $190,000 SUBTOTAL $3,735,000 FRENCH VALLEY PARKWAY OVERCROSSING/I-15 INTERCHANGE - SUBTOTAL $7,185,000 WINCHESTER ROAD/I-15 INTERCHANGE IMPROVEMENT - SUBTOTAL $3,735,000 TOTAL $10,920,000 Item No. 11 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: September 13, 2011 SUBJECT: Approve the Sponsorship Agreement for the 2011 Temecula Fall Rod Run. PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: That the City Council approve the Event Sponsorship Agreement for city -support costs in amount up to $59,561.64 for the 2011 Temecula Fall Rod Run and authorize the Mayor to execute the following agreement. BACKGROUND: The City Council Economic Development Committee (Mayor Ron Roberts and Mayor Pro Tem Chuck Washington) met on March 8, 2011 to review the Economic Development Sponsorship Applications for FY 2011-2012. It was recommended that the City of Temecula continue supporting and sponsoring the Fall Rod Run. Support for this event was also approved by the full City Council. Staff received a sponsorship request from P&R Foundation to provide city support costs for the 2011 Temecula Fall Rod Run to be held on October 14th and 15th 2011. The event will serve as a fundraiser for The Boys & Girls Club of Southwest County. The City of Temecula hosts many popular events thoughout the year that entertain and attract thousands of visitors and residents. The Temecula Fall Rod Run event has become a regional signature event which increases tourism revenue for the City's restaurants, hotels, and retailers. The City of Temecula will provide city -support to the event only. There will be no commissions, consultant fees and/or salaries paid to any party from the City of Temecula's partnership. The 2011 Temecula Fall Rod Run will begin Friday, October 14th with an evening car cruise on Old Town Front Street. On Saturday, October 15th an all day "Show & Shine" car show will take place. There will be a cross section of approximately 700 classic cars, special inerest vehicles, hot rods and custom cars on display. Estimated attendance is at 50,000 people for the two day event. No alcohol will be served or sold at this event. Promotion for the 2011 car show will include newspaper, radio, television, magazine, posters and internet sites including www. rodruntemecula.com. Rod Run attendees are encouraged to take advantage of the complimentary shuttle service which will provide free transportation from three designated parking location to this year's Temecula Rod Run. Designated locations include City Hall, vacant lot on corner of Ynez and Santiago and southern dirt park n ride lot near Temecula Parkway and Front Street. The shuttle service will operate from 8:00am to 5:00pm on Saturday, October 15, 2011. The Temecula Rod Run serves as a fundraiser primarly to The Boys & Girls Club of Southwest County. P&R Foundation also donates vendor booth space to various non -profits and civic orgnaizations such as The Border Patrol and Search Dogs of Riverside County. P&R Foundation provides the Old Town merchants with a full page add in the Rod Run program and also provides numerous PA announcments during the event to encourage shopping and dining within Old Town. FISCAL IMPACT: The City support costs of $59,561.64 are included in the FY2011- 2012 Operating Budget of the various support departments. ATTACHMENTS: Attachment A- 2011 Sponsorship Agreement SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND P&R FOUNDATION THIS AGREEMENT is made and effective as of this 13th day of September, 2011, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and P&R Foundation, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Fall Rod Run (hereinafter referred to as the "Event") on October 14th and 15th , 2011. The Event is a special event which is located in Old Town Temecula. b. The Event includes: Display of approximately 650-700 classic cars, hot rods and custom cars along with related concessions and vendors. The event will benefit The Boys & Girls Club of Southwest County. The informal car display and evening car cruise will be held Friday evening and the traditional "show & shine" will be held on Saturday. No alchol will be served. The event is expected to draw between 45,000 to 60,000 people for the event. c. The City desires to be a Premier Sponsor of the Event by providing City Support Services. d. The Event will serve as a fundraiser with P&R Foundation, a local non- profit organization whose charitable work and contribution have benefited The Boys & Girls Clubs of Southwest County, selected to be the primary recipient. Other funds that are available will be designated to other Temecula based charities. The Nonprofit will be reimbursed for their services in promoting this event and for operations. 2. TERM This Agreement shall commence on September 13th, 2011 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30th 2012, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in-kind city -support services valued at an amount not to exceed $59,561.64 of Public Works, Fire and Police as listed in Exhibit B, the City of Temecula shall receive the benefits as listed in Exhibit A. b. The Nonprofit is requested to partner with the Temecula Valley Convention & Visitors Bureau ("TVCVB") to help promote the Event. The City of Temecula contracts with the TVCVB to generate Visitor -Related Economic Impact for the City of Temecula. This will include but not be limited to over -night room bookings, dining and shopping within the City of Temecula. Any media visits coordinated by the Nonprofit shall include an invitation to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly,the Nonprofit shall include in its basic press kit a press release provided by the TVCVB which focuses on the attractions of Temecula, including Old Town, golf, wineries, etc. This informational piece shall be provided to all media working with the Nonprofit or its representatives on festival -related stories. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Presenting Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 5. FINANCIAL REVIEW The Nonprofit shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event. This compiled financial statement of non-profit event should be completed and submitted to the City no later than December 31, 2011. The financial review shall provide a general summary report on how funds were expended and used to benefit Temecula Valley residents and shall include documentation, including but not limited to, copies of invoices, receipts and cancelled checks to support the Sponsorship Funding. The financial documentation is subject to a review or audit, as determined by City staff. 6. PERMITS The Nonprofit shall file applications for a Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval of the permits. The Nonprofit shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Ag ree me nt. 7. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 8. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 9. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by July 26, 2011, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Nonprofit shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Nonprofit shall maintain limits no less than: 1) General Liability: One million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Nonprofit employs any employees. Nonprofit warrants and represents to the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, 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 NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the Nonprofit '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, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 11. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 12. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: Assistant City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: Assistant City Manager 41000 Main Street Temecula, CA 92590 To Recipient: P&R Foundation 39252 Winchester Rd. #107-361 Murrieta, CA 92563-3510 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 14. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 15. AUTHORITY TO EXECUTE THIS AGREEMENT 1. The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: P&R Foundation (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Ray Waite, President Ronda Henne Vice -President Peter M. Thorson, City Attorney NONPROFIT P&R Foundation 39252 Winchester Rd. #107-361 Murrieta, CA 92563-3510 951-303-9599 pitbullray@netzero.com FSM Initials: Date: EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS Presenting Sponsor In exchange for providing in-kind city -support services of Public Works, Fire and Police valued at an amount not to exceed $59,561.64, for the Fall Rod Run, the citizens of the City of Temecula shall receive the following benefits. ♦ City of Temecula Logo on Printed Material produced by P&R Foundation ♦ City of Temecula Logo on Event T-shirts ♦ City of Temecula Name on all Radio Promotion ♦ City of Temecula Name in all Press Releases EXHIBIT "B" ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Fall Rod Run event. The following expenses can be anticipated for the event: Police: $22,000 Fire: $8,000 Public Works: $9,543.17 Public Works Additive Costs: $16,418.47 Code Enforcement: $1,600 Community Services $2,000 TOTAL: $59,561.64 A O® CERTIFICATE OF LIABILITY INSURANCE PRODUCER (619)297-9101 FAX: (619)297-3366 Falcon West Insurance Brokers, Inc. License # 0616640 2525 Camino Del Rio So Ste 100 San Diego CA 92108 INSURED P & R Foundation 39252 Winchester Rd 107 - 361 Murrieta COVERAGES CA 92563 THIS CFISSUED AS A ONLY ANDCONFERS NO RIGHTS ALTER HOLDER,THIS COVE AGE A ORDEIFICATE D INSURERS AFFORDING COVERAGE INSURERA.Ma%UID Indemnity Co INSURER 8: INSURER C. INSURER D: INSURER E: IGATE (M/NDONYYY) 3/10/2011 MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. NAIC # City of Temecula PO Box 9033 Temecula, CA 92589 ACORD 25 (2009/01) 1NS025 (menet SHOULDANYOF THE ABOVEDESCRIBED POLICIES BECANCELLEDBEFORETNE EXPIRATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TOTNE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE 70 DO SO SHALL IMPOSE NO OBLIGATION OR UASILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Matthew Portillo/SJD The ACORD name and logo are registered @ rks o/ ACOARpORD CORPORATION. All rights reserved. THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADC/L LTR POLICY EFFECTIVE INSRD TYPE OF INSURANCE GENERAL LIABILITY POLICY NUMBER DATEIM/MD/IWYI POLICY EXPIRATION _DATE IMMDOJYYYYI LIWTS X j COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE IS Q� 2,000,000' A J CLAIMS MAGE X OCCUR 9/24/2010 /MEDEXP(Any 4111EaENTED—_ oeparso)- S 55,000 IDDG0048877-OY 9/24/2011 MED EXP (Any one parson) S 5,000 .. PERSONAL S ADV INJURY 5 2,000,000 - GENERAL AGGREGATE 5 4,000,000/ GENT. AGGREGATE UNIT APPLIES PER X POLICY Ir PRO- _-: PRODUCTS -COMP/OP AGG 5 q , 000,000 LOC _AUTOMOBILE ` LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS (E a =Ween18elGlE LIMB IS __.._______.____—.. __, BODILY INJURY S parson)HIRED _(per AUTOS AUTOS r BODILY PalaNRYNON.OWNED S - - PROPERTaocdaM}Y DAMAGE S (P•r GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 1E ANY AUTO OTHER THAN EA ACC 5 AUTO ONLY: AGG S EXCESS NIMBI ELLA LIABILITY JOCCUR EACH OCCURRENCE S CLAIMS MME AGGREGATE 8 I - _ _ _. DEDUCTISLE —__.. — . _.-- S � RETENTION S S WORKERS COMPENSATgN AND EMPLOYERS LIABILITY- XECUPIVE 1 1 N ANY PROESERNXC) - OFFICER/ry RENEMBER E%CLUOEOLLDEDT I I (MandabIn NH) IKyBe.Dente uMef : SPECIAL PROVISK)NSbebw NC STAN DOTH- DORY LIMAS . ER EL. EACH ACCIDENT g IEL_ DISEASE - 1 EAEMROYEO S _ E.I_ DISEASE• POLICY UMnfl $ OTHER DESCRIPTION OFOPERATIONS/LOC ATIONS I VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMEJTISPECI AL PROVISIONS This certificate aupercodes all others. RE: Events on October 8th and 9th 2010 and March 11th and 12th 2011. Certificate holder is named as Additional Insured subject to terms and conditions on the policy •10 day notice of cancellation applies for non-payment of premium. CERTIFICATE Hnl nrR ,....__..._.___ City of Temecula PO Box 9033 Temecula, CA 92589 ACORD 25 (2009/01) 1NS025 (menet SHOULDANYOF THE ABOVEDESCRIBED POLICIES BECANCELLEDBEFORETNE EXPIRATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TOTNE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE 70 DO SO SHALL IMPOSE NO OBLIGATION OR UASILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Matthew Portillo/SJD The ACORD name and logo are registered @ rks o/ ACOARpORD CORPORATION. All rights reserved. TEMECULA COMMUNITY SERVICES DISTRICT Item No. 12 ACTION MINUTES of AUGUST 23, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:14 P.M. CALL TO ORDER: Vice President Maryann Edwards ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero Absent: CSD PUBLIC COMMENTS CSD CONSENT CALENDAR Comerchero 9 Action Minutes — Approved Staff Recommendation (4-0-1) Director Washington made the motion; it was seconded by Director Naggar; and electronic vote reflected unanimous approval, with the exception of President Comerchero who was absent. RECOMMENDATION: 9.1 Approve the action minutes of August 9, 2011. 10 Authorization for payment of the Sewer Connection Fees for the Old Town Gymnasium — Project No. PW07-05 — Approved Staff Recommendation (3-0-1-1) Director Washington made the motion; it was seconded by Director Naggar; and electronic vote reflected approval, with the exception of President Comerchero who was absent, and Director Edwards who abstained. RECOMMENDATION: 10.1 Authorize the payment of sewer connection fees in the amount of $48,988.15 to Eastern Municipal Water District (EMWD) to establish sewer service for the Old Town Gymnasium. CSD DEPARTMENTAL REPORT CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes\082311 1 CSD ADJOURNMENT At 7:14 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, September 13, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] CSD Action Minutes\082311 2 Item No. 13 Approvals City Attorney Director of Finance City Manager "Ref— OtoL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: September 13, 2011 SUBJECT: Veteran's Park Easements PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors approves an agreement with Time Warner NY Cable LLC that grants two (2) new permanent easements and one temporary construction easement, within Veteran's Park, in exchange for the payment of $18,831 which is the easements' appraised value. BACKGROUND: Veteran's Park is located along La Serena Way north of South General Kearny Road. This park site is 13.1 acres however only 3.5 acres is developed. Veteran's Park is a neighborhood park consisting of primarily turf, a meandering walkway, two (2) tot lots, picnic tables, and barbeques along with a flag and monument dedicated to veterans. Approximately 9.6 acres of this park is undeveloped open space. A .68 acre parcel, located in the middle of this park, is owned by CAC Exchange I and has been leased to Time Warner. Time Warner currently has a small facility on this lot but is planning to expand the facility within their parcel. The expansion and improvements of this building will make this a "critical facility". It will have two backup power systems, if commercial power to the building fails; two fiber optic routes, in case one is cut; and redundant power for equipment in case one fails. It will be a state-of-the-art, solar powered, fully backed up data center that will survive power outages, earthquakes, fire and storms. The new Southern California Edison easement is located in the park's open space area and will not interfere with park use. The second easement for an access road, slope and drainage is required to construct and provide subsequent maintenance of the facility. The access road easement is 12,634 sf and will permanently reduce the size of the park which includes displacement of a picnic table and some landscaping. Time Warner is required to replace tables and benches, that are disturbed, with new park furnishings, redesign and reinstall the irrigation and plant materials and keep as much of the park undisturbed as possible. Bonds are required to insure that all improvements are made to the satisfaction of the TCSD and Public Works. An appraisal for the two (2) new easements and temporary construction easement was conducted. The appraisal was reviewed and approved by our City Attorney and places a value of these easements at $18,831. A new water line will be installed in an existing easement and Time Warner is required to return plant material and irrigation equipment to as close to the condition as it existed prior to disruption. Time Warner will replace any displaced park benches and tables with new park furnishings. FISCAL IMPACT: The TCSD will receive the approved appraised value of the easements in the amount of $18,831 to be placed into the appropriate revenue account. ATTACHMENTS: Veteran's Park Vicinity Map Agreement with Exhibits 0 e 1 vii 1�1��T-,�Tii�-�:�Tii a'I C� Ii1[�7 � � FT �! 3 0 pp L5 Ezsza y�O gi A loo DO 8121 X810 ;FE FPI me t gig AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND TIME WARNER NY CABLE LLC REGARDING EASEMENT AGREEMENT IN CONNECTION WITH VETERAN'S PARK AND CONSTRUCTION OF CERTAIN IMPROVEMENTS ON VETERAN'S PARK This AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND TIME WARNER NY CABLE LLC REGARDING EASEMENT AGREEMENT IN CONNECTION WITH VETERAN'S PARK AND CONSTRUCTION OF CERTAIN IMPROVEMENTS ON VETERAN'S PARK ("Agreement") is dated as of September 13, 2011 by and between the Temecula Community Services District ("TCSD") and Time Warner NY Cable LLC ("Time Warner"). In consideration of the mutual covenants and conditions set forth herein, TCSD and Time Warner agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes, which each Party to this Agreement acknowledges as true and correct: A. TCSD is the record fee owner of Veteran's Park, which is commonly known as 30965 La Serena Way, Temecula, and identified as Riverside County Tax Assessor's Parcel Numbers 953-050-016 and 953-050-007. The location of Veteran's Park is depicted on Exhibit "1" hereto, which is incorporated herein by this reference. B. Time Warner warrants that it has a real property interest in an approximate 0.68 -acre parcel commonly known as 30975 La Serena Way, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 953-050-017. CAC Exchange I, an entity related to Time Warner, is the record fee owner of Assessor's Parcel Number 953-050-017 (referred to below as the "Time Warner parcel"). The Time Warner parcel is improved with certain facilities and is surrounded by Veteran's Park on all sides. The Time Warner parcel is depicted on Exhibit "2" hereto, which is incorporated herein by this reference. C. Time Warner proposes to construct a Cable Building Project ("Cable Building") on the Time Warner Parcel. In connection with its Cable Building, Time Warner attempted to use the existing access easement from Metropolitan Water District (MWD) over a MWD easement located adjacent to the Time Warner parcel. Certain restrictions and limitations regarding the surface use of the MWD easement, grading restrictions, and vehicle weight limitations, however, would prohibit Time Warner from accessing its facilities over the MWD easement. Accordingly, Time Warner will require certain easements described more particularly below on Veteran's Park in connection with its construction of the Cable Building on the Time Warner parcel. D. For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Time Warner wishes to acquire from TCSD and TCSD wishes to grant to Time Warner the following easements subject to the terms and conditions of this Agreement: (1) An approximate 12,634 square foot access, slope and drainage easement ("access easement") that is described on Exhibit "A" hereto labeled "Legal Description Access, Slope and Drainage Easement" and depicted on Exhibit "B" hereto labeled "Access, Slope and Drainage Easement Plat Sheet", which exhibits are incorporated herein by this reference. (2) An approximate 4,446 square foot Temporary Construction Easement ("TCE") with a term of six (6) months to facilitate the construction of Time Warner's Cable Building. The approximate 4,446 square foot TCE is described on Exhibit "A" hereto labeled "Temporary Construction Easement" and is depicted on Exhibit "B" hereto labeled "Temporary Construction Easement Course Data, Easement Notes, and Vicinity Map" and "Temporary Construction Easement Plat Sheet", which exhibits are incorporated herein by this reference. (3) An approximate 1,200 square foot public utility easement in favor of Southern California Edison for the construction, use, maintenance, operation, alteration, repair, replacement, reconstruction and inspection of underground electrical supply systems and communication systems, consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary for the distribution of electrical energy in connection with Time Warner's Cable Building ("SCE easement"). The approximate 1,200 square foot SCE easement is described on Exhibit "C" hereto. E. TCSD and Time Warner acknowledge that Time Warner's acquisition of the access easement will result in the loss to TCSD, the City and the Temecula community of valuable park land. Accordingly, TCSD and Time Warner agree that Time Warner will purchase the easements and construct certain park improvements described below pursuant to the terms and conditions set forth in this Agreement. F. This Agreement sets forth the obligations and responsibilities of Time Warner in connection with the easements on Veteran's Park that are the subject of this Agreement and the obligations of the parties regarding said easements and Veteran's Park. 2. Responsibilities of the Parties. A. Purchase and Grant of Subject Easements. (1) Time Warner agrees to purchase from TCSD and TCSD agrees to grant to Time Warner the access easement, TCE, and SCE easement on Veteran's Park pursuant to the terms and conditions of this Agreement. (2) TCSD agrees to grant to Time Warner the access easement, TCE and SCE easement in the forms attached collectively hereto as Exhibit "D" hereto. Exhibit "D" is incorporated herein by this reference. B. Construction of Improvements at Veteran's Park. (1) Park Improvements. Time Warner agrees to replace, with material of like kind and quality, any improvements, including irrigation, landscaping, grass and shrubs that are damaged in connection with the SCE easement and TCE. Time Warner agrees to replace, with material of like kind and quality, any improvements, including irrigation, landscaping, grass and shrubs that are damaged to the property adjacent to the easement, in connection with the access road, drainage and slope easement. (2) In connection with the Cable Building, Time Warner is installing a new water line in Parcel "D" (Drainage and Underground Utility Easement), which was recorded against Veteran's Park on February 26, 1991 as Instrument Number 064105 of Official Records of the County of Riverside (referred to below as "Parcel `D"'. Time Warner agrees to replace, with materials of like and quality, any improvements, including irrigation, landscaping, grass and shrubs that are damaged in connection with Time Warner's installation of a new water line in said Parcel "D". Time Warner further agrees to return said easement area to as close to the condition as it existed prior to Time Warner's use of Parcel "D" for the construction of the new water line. (3) Picnic table(s) and benches that are disturbed during construction of the access easement, SCE easement, TCE and water line in Parcel "D" will be replaced with new picnic tables and benches of like kind and quality as approved by the Director of Community Services. Deposit by Time Warner. TCSD and Time Warner acknowledge that on June 12, 2011, Time Warner deposited with the City of Temecula the sum of $14,100.00 (Fourteen Thousand One Hundred Dollars) by submitting check number 39531 payable to the City of Temecula. The City of Temecula (City) acknowledged receipt of the $14,100.00 pursuant to receipt number 27037. TCSD and Time Warner agree and acknowledge that the $14,100.00 is to reimburse the City of Temecula for the $6,600.00 appraisal costs incurred for the appraisal services performed by Robert Shea Perdue Real Estate Appraisal in connection with the appraisal of the access easement, TCE, and SCE easement. Said deposit is also to reimburse the City of Temecula for its legal fees and expenses in connection with this Agreement. C. Purchase Price. Time Warner agrees to pay TCSD the sum of $18,831.00 (Eighteen Thousand Eight Hundred Thirty-one Dollars) ("Purchase Price"). The Purchase Price is the fair market value of the access easement, TCE, and SCE easement, as determined by an appraisal prepared by the appraisal firm Robert Shea Perdue Real Estate Appraisal as provided below. Time Warner acknowledges that it has reviewed the appraisal of the subject easements prepared by the appraisal firm Robert Shea Perdue Real Estate Appraisal. D. Obligations of Time Warner in Connection with Construction of Improvements. (1) Time Warner shall submit grading plans to TCSD and the City of Temecula Public Works Department for approval prior to constructing the access road in the area comprising the access easement from La Serena Way to the Cable Building. (2) Time Warner shall schedule a pre -construction meeting with the Director of Community Services or the Director's designated representative prior to beginning the construction of the access road in the access easement area. (3) Time Warner acknowledges that SCE will install its electrical facilities in the SCE easement area. Time Warner shall provide 14 calendar days written notice to the Director of Community Services and the Director of Public Works prior to SCE's installation of its electrical facilities in the SCE easement area. This section does not change any requirements that SCE has to notify the City of such construction or to comply with any additional City requirements in connection with SCE's use of the easement area. 3. Inspection, Maintenance Period, and Risk of Loss. A. Time Warner shall obtain inspections by the City of the access road in accordance with City of Temecula standards in effect on the date of this Agreement. Time Warner shall also comply with the review and inspection requirements of Public Works and TCSD. B. Time Warner shall at all times maintain proper facilities and safe access for inspection of the access road in the access easement area by City inspectors. Upon completion of the access road, Time Warner shall request a final inspection of the access road by the Director of Community Services and the Director of Public Works, or their respective authorized representatives. 4. Injury to Public Improvements, Public Property or Facilities of Public Utilities. Time Warner shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, facilities of public utilities and surveying or monuments that are destroyed or damaged or destroyed by reason of any work done under this Agreement. Time Warner shall bear the entire cost of replacement or repairs of any and all public property on public utility property damaged or destroyed by reason of any work done on the access road, TCE and SCE easement or in connection with Time Warner's installation of a new water line in Parcel "D" to service the Cable Building. Any repair or replacement shall be to the satisfaction, and subject to the approval of the Director of Public Works and Director of Community Services. 5. Permits. Time Warner shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the access road, give all necessary notices, and pay all fees and taxes required by law. 6. Default of Time Warner. A. Default of Time Warner shall include, but shall not be limited to: Time Warner's failure to timely commence construction pursuant to this Agreement within 60 days after execution of this agreement, and the City of Temecula issuing the permits required to perform the work. Time Warner's failure to complete construction of the access road within 90 days after execution of this agreement and the City of Temecula issuing the permits required to perform the work. Time Warner's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Time Warner fails to discharge within thirty (30) days. TCSD shall provide written notice of any default to Time Warner. Time Warner shall cure any such default within fifteen (15) calendar days of the effective date of the receipt of written notice thereof. In the event such default relates to matters that cannot be cured within the cure period with reasonable diligence or by the payment of monies due within the cure period, the cure period shall be extended to a maximum period of ninety (90) days, provided Time Warner commences to cure the default within the 15 day cure period and diligently pursues the cure to completion. B. TCSD reserves to itself all remedies available to it at law or in equity for breach of Time Warner's obligations under this Agreement. C. In the event that Time Warner fails to perform any obligation hereunder, Time Warner agrees to pay all costs and expenses incurred by TCSD in securing performance of such obligations, including costs of suit and reasonable attorneys' fees. D. The failure of TCSD to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of Time Warner. Time Warner agrees that the choice of remedy or remedies for Time Warner's breach shall be in the discretion of TCSD. 7. Warranty. A. Time Warner shall guarantee or warranty the landscape plant material items installed to repair and replace any such landscape plant material damaged in the areas of Parcel "D", TCE and SCE easement as per TCSD's inspection and acceptance standards. Time Warner shall guarantee or warranty the remaining items, including but not limited to other park improvements described in this Agreement, irrigation improvements, electrical, if any, and all trees installed pursuant to the authority of the Director of Community Services for a period of one year after acceptance of these items by the Director of Community Services. 8. Time Warner Not Agent of City. Neither Time Warner nor any of Time Warner's agents or contractors are or shall be considered to be agents of TCSD or the City of Temecula in connection with the performance of Time Warner's obligations under this Agreement. Time Warner shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. TCSD and the City of Temecula shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Time Warner. Notwithstanding the foregoing or any other provisions of this Agreement, however, Time Warner shall not indemnify TCSD or the City of Temecula for their gross negligence or willful misconduct. 9. Time Warner's Obligation to Warn Public During Construction and Screening of Construction Area. Time Warner shall give visible and adequate warning to the public of each and every dangerous condition that exists during construction of the access road, improvements in the SCE easement area or waterline easement in Parcel "D", and Time Warner's use of the TCE to facilitate its construction of these improvements. Time Warner shall take all reasonable actions to protect the public from such dangerous conditions, including installation of fencing or other barriers for safety purposes to keep the public from the construction areas during the construction of the access road and related improvements, installation of new water line in Parcel "D", improvements in the SCE easement area and the TCE. 10. Final Acceptance of Work. The Director of Community Services and the Director of Public Works, or their respective designated representatives, shall accept the work completed pursuant to this Agreement if they determine that the work has been completed in accordance with the grading plans approved by the City. Such acceptance shall not constitute a waiver of defects by TCSD and/or the City. 11. Indemnitv/Hold Harmless and Releases A. As set forth above, Time Warner has agreed to construct and install the access road in the access easement area. Time Warner agrees that TCSD, the City, or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Time Warner, its agents or employees in the performance of this Agreement. Time Warner further agrees to indemnify, protect and hold harmless TCSD, the City, their officials, employees and attorneys from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Time Warner, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the access road and related improvements, the installation of a new water line in Parcel "D", and SCE electrical facilities and to pay all attorneys' fees and litigation costs and expenses of TCSD and/or the City in defending TCSD and/or the City against any such claim. This indemnification and Agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the access road and installation of the new water line in Parcel "D" as provided herein. B. TCSD and the City shall not be responsible for the design or construction of the access road pursuant to the approved plans, regardless of any negligent action or inaction taken by TCSD and/or the City in approving the plans, unless the particular improvement design was specifically required by TCSD or the City over written objection by Time Warner submitted to the Director of Community Services or Director of Public Works before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After final approval by TCSD and/or the City of the construction of the access road Time Warner shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect. Time Warner shall be responsible for repair and routine maintenance of the access road and related improvements in the access easement area. C. Time Warner represents to TCSD that the architects and engineers who designed the access road improvements and the new water line in Parcel "D" are fully qualified and competent to perform the work of designing and preparing construction drawings for such improvements. It is the intent of this section, therefore, that Time Warner shall be responsible for all liability for design and construction of these improvements and the improvements and that TCSD and/or the City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. D. Time Warner agrees and acknowledges that it has had, or will have adequate opportunity to complete all physical and financial inspections, investigations and examinations of the access easement, SCE easement, TCE and the new water line in Parcel "D" that it deems necessary. Time Warner will acquire the access, SCE and TCE easements solely on the basis of, and in reliance upon said inspection and investigations. E. Time Warner agrees and acknowledges that it is purchasing the access easement, SCE easement and TCE on an "AS IS, WHERE IS BASIS." Time Warner is not relying on, and TCSD and the City have not made, any warranties of any kind or character with respect to the environmental, soils, seismic or geotechnical condition of the subject easements. Further, Time Warner is not relying on, and TCSD and the City have not made and are not making, any representations or warranties of any kind or character whatsoever with respect to the environmental, soils, seismic or geotechnical condition of the subject easements based on the use of said property interests by any previous owner or occupant, including any use, generation, release, discharge, storage, or disposal of any hazardous waste, toxic substances or related materials on, under, in or about the subject easements or transportation of any hazardous materials to or from the subject easements by any previous seller or occupant of the areas comprising the subject easements. 12. Improvement Security Bonds & Release of Security. A. Surety. (1) Time Warner shall provide TCSD with a Faithful Performance security bond from a surety acceptable to TCSD for an amount that represents 100% of the estimated cost of the SCE and the access road improvements. (2) Time Warner shall provide TCSD with a Labor and Materials security bond from a surety acceptable to TCSD for an amount that represents 50% of the estimated cost of the SCE and access road improvements. (3) Time Warner shall provide TCSD with a Warranty security bond from a Surety acceptable to TCSD for an amount that represents 10% of the estimated cost of the SCE and access road improvements. (4) The securities required by this Agreement shall be kept on file with the City Clerk. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. B. Release of Security. Subject to approval by the Director of Community Services and the Director of Public Works, the securities required by this Agreement shall be released as follows: (1) Upon acceptance of the Veteran's Park easement improvements described in Section 2(B) above, the Faithful Performance security bond shall be exonerated. (2) Six (6) months after the acceptance of the Veteran's Park easement improvements the Director of Community Services and Director of Public Works shall inspect the improvements and if found in satisfactory condition and all payments have been made to contractor, subcontractors and persons furnishing labor, materials or equipment have been paid the Labor and Material security bond shall be exonerated. (3) Twelve (12) months after the acceptance of the Veteran's Park easement improvements and approval of the described in Section 2(B) above, the Warranty security shall be exonerated with the approval of the Director of Community Services and Director of Public Works. (4) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until all claims filed during the warranty period have been settled. (5) TCSD may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees which may be incurred by TCSD enforcing this Agreement. 13. Plan Check, Permits, Inspection and Certification Fees. Time Warner is solely responsible for all of the costs of plan checks, permits, inspections and certifications required by City standards and codes, Southern California Edison, and Eastern Municipal Water District, if any. 14. Liability Insurance. A. Minimum Scope of Insurance. Coverage shall be at least as broad as follows: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Professional Liability insurance shall be written on a policy form providing Professional Liability insurance for Time Warner's consultant profession. B. Minimum Limits of Insurance. Time Warner shall maintain limits no less than the following: (1) General Liability: $1,000,000.00 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. and property damage. or disease. the aggregate. (2) Automobile Liability: $1,000,000.00 per accident for bodily injury (3) Employer's Liability: $1,000,000.00 per accident for bodily injury (4) Professional Liability coverage: $1,000,000.00 per claim and in C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects TCSD, the City, their respective officers, officials, employees, attorneys and volunteers; or Time Warner shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 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 and TCSD, and their respective officers, officials, agents and employees are to be covered as additional -insureds as respects: liability arising out of activities performed by or on behalf of the Time Warner; products and completed operations of Time Warner; premises owned, occupied or used by Time Warner; or automobiles owned, leased, hired or borrowed by Time Warner. The coverage shall contain no special limitations on the scope of protection afforded to TCSD, the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, Time Warner's insurance coverage shall be primary insurance as respects TCSD, the City, their respective officers, officials, employees and volunteers. Any insurance or self-insured maintained by TCSD and/or the City, their respective officers, officials, employees or volunteers shall be excess of Time Warner'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 TCSD and/or the City, their respective officers, officials, employees or volunteers. (4) Time Warner'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 clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) calendar days' prior written notice by certified mail, return receipt requested, has been given .to TCSD and the City. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to TCSD. F. Verification of Coverage. Time Warner shall furnish TCSD and 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 insurance company standard forms reasonably acceptable to TCSD and the City. All endorsements are to be received and approved by TCSD and the City before work commences. As an alternative to the standard forms, the Time Warner's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. G. Time Warner, by initialing this Section 14.G. and executing this Agreement, hereby certifies that it is aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and that Time Warner will comply with such provisions before commencing the performance of the construction of the access road and related improvements and other park improvements pursuant to this Agreement. Time Warner initials: H. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by Time Warner from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Time Warner shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Time Warner shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Time Warner shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Agreement. Time Warner shall comply with this section unless the developer obtains written confirmation from the California Department of Industrial Relations that it is not required to comply with such section. 15. Time of the Essence. Time is of the essence of this Agreement. 16. Time for Completion of Work Extensions. Time Warner shall also complete construction of the access road and related improvements in a timely manner. Time Warner shall complete the construction of the park improvements pursuant to this Agreement five (5) days after the date that the access road and related improvements are approved by the Community Services Director and the Director of Public Works. The Certificate of Occupancy will not be approved until all easement and park improvements are approved by the Director of Community Services. 17. Notices. All notices required or provided for under this Agreement, demands and communications between TCS and Time Warner shall be sufficiently given by either (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the Party as set forth below or at any other address as that Party may later designate by Notice: Notice to TCSD: Director of Community Services Temecula Community Services District 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 With a Copy to: Peter M. Thorson, Esq. Richards, Watson & Gershon 355 South Grand Avenue 40th Floor Los Angeles, California 90071-3101 Notice to Time Warner: Time Warner NY Cable LLC Attention: Eric Lent 7910 Crescent Exec Drive, Suite 10 Charlotte, North Carolina 28217 Phone Number 858-635-8874 18. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 19. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. 20. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter herein. Any agreements or representations, either oral or written, respecting the matters discussed in this Agreement not expressly set forth in this Agreement are null and void. 21. Force Majeure. Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement to be performed by either TCSD, the City or Time Warner is prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the Party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prompt payment by a Party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the Party required to perform the act. 22. Agreement Binding on Successors. This Agreement shall be binding on and shall inure to the benefit of the successors and lawful assigns of the Parties hereto. 23. Assignment. Neither Party shall assign or transfer this Agreement or any portion thereof without the prior written consent of the other Party, which consent shall not be unreasonably withheld; provided, however, that either Party may assign this Agreement to a related public entity without the consent of the other. 24. Authority to Execute. Each person signing this Agreement hereto expressly warrants and represents that he or she has the authority to execute this Agreement on behalf of the respective Party and warrants and represents that he or she has the authority to bind his or her Party to the performance of its obligations hereunder. IN WITNESS WHEREOF this Agreement has been executed and entered into as of the date set forth above by the authorized representatives of the Parties hereto. TEMECULA COMMUNITY SERVICES TIME WARNER NY CABLE LLC DISTRICT By: Date: ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney By: Title: By: Title: Time Warner Parce II muC pow oft p 11„Lotr* 4 ow vik ritalf vs; 64114 is. I. 11 r•-• ra If p • • • �v�G9a 1 - Exhibit 2 0 62.5 125 25 500 Feet r:\gie\arunap projodsko undy server Vol vansPaikSnu EXHIBIT A & B Access Road, Drainage and Slope Easement EXHIBIT "A" July 14, 2011 LEGAL DESCRIPTION Sheet 1 of 2 ACCESS, SLOPE, AND DRAINAGE EASEMENT Being that certain portion of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Parcel "B" as shown on Lot Line Adjustment Instrument No. 409474, recorded November 7, 1990, in the office of the County Recorder, of said County, Official Records, also being that portion of parcel 2 of Parcel Map 23890, as shown by map, filed in Book 162, pages 44 through 46, inclusive, of Parcel Maps, in the Office of the County Recorder, of said County, State of California, being more particularly described as follows: COMMENCING at the northernmost corner of said Parcel "B", said point being a point in the easterly right-of-way line of La Serena Way (88.00 feet wide), as shown on said Parcel Map, and being a point on a non -tangent curve, concave southeasterly, having a radius of 806.00 feet, a radial line to said point bears North 32°11'52" West; THENCE southwesterly, along said curved right-of-way line, through a central angle of 18°14'38", an arc length of 256.63 feet to the TRUE POINT OF BEGINNING; THENCE continuing southwesterly, along said curve, through a central angle of 03°08'56", an arc length of 44.30 feet to a point in said curve; THENCE South 45°19'20" East a distance of 4.76 feet to the beginning of a curve, concave southwesterly, having a radius of 10.00 feet; THENCE southeasterly, along said curve, through a central angle of 43°59'19", an arc length of 7.68 feet; THENCE South 01°20'02" East a distance of 40.36 feet; THENCE South 03°35'10" East a distance of 83.23 feet; THENCE South 04°23'30" East a distance of 60.35 feet; THENCE South 04°07'53" West a distance of 31.09 feet; THENCE South 09°47'47" East a distance of 28.15 feet; THENCE South 02°56'45" West a distance of 65.10 feet; THENCE South 04°20'31" East a distance of 43.16 feet; THENCE South 24°29'23" West a distance of 31.77 feet; THENCE South 04°15'49" West a distance of 38.33 feet; THENCE North 85°44'11" West a distance of 3.45 feet; THENCE South 39°56'44" West a distance of 5.89 feet; THENCE South 04°15'49" West a distance of 7.84 feet to a point on the northerly line of Parcel "A" of said Lot Line Adjustment; EXHIBIT "A" July 14, 2011 LEGAL DESCRIPTION Sheet 2 of 2 ACCESS, SLOPE, AND DRAINAGE EASEMENT THENCE along said line South 86°37'00" East a distance of 55.12 feet to the northeast corner of said Parcel "a", also a point on the westerly line of a water pipeline easement in favor of the United States of America, as shown by document recorded Instrument No. 57185, recorded December 1, 1953, in Book 1531, page 11, of official records; THENCE along said line North 02°49'06" West a distance of 478.56 feet to the TRUE POINT OF BEGINNING. Contains 12,634 square feet, 0.29 acres, more or less. Subject to all covenants, rights, rights-of-way, and easements of record. Exhibit "B" attached hereto and by this reference mad a part hereof. This was prepared by me or under my direction. L. ry R. Markham, R,C.E. 30657 Date EXPIRES: 03-31-12 ?.tl LINE/CURVE DATA NO. Length Direction/Delto Rodius C1 44.30 03'08'57" 806.00 L1 4.76 S45'19'20"E C2 7.68 43'59'19" 10.00 L2 40.36 S01'20'02"E L3 83.23 S03'35'10"E L4 60.35 SO4'23'30"E L5 31.09 504'07'53"W L6 28.15 S09'47'47"E L7 65.10 S02'56'45"W L8 43.16 SO4'20'31 "E EASEMENT NOTES: LINE/CURVE DATA NO. Length Direction/Delto Rodius L9 31.77 S24'29'23"W L10 38.33 504'15'49"W L11 3.45 N85'44' 1 1 "W L12 5.89 S39'56'44"W L13 7.84 SO4'15'49"W L14 55.12 S86'37'00"E /1\ WATER PIPELINE EASEMENT IN FAVOR OF THE UNITED STATES OF AMERICA PER INSTRUMENT NO. 3113, REC. 10/27/49, IN BOOK 1118 AT PAGE 396, O.R. C�\ WATER PIPELINE EASEMENT IN FAVOR OF THE UNITED STATES OF AMERICA PER INSTRUMENT NO. 57185, REC. 12/01/53, IN BOOK 1531 AT PAGE 11, O.R. 0 EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY PER INSTRUMENT NO. 18863, REC. 02/26/69, O.R. DRAINAGE EASEMENT IN FAVOR OF THE PUBLIC PER INSTRUMENT NO. 43272, REC. 02/18/88, O.R. DRAINAGE EASEMENT IN FAVOR OF THE PUBLIC PER INSTRUMENT NO. 60047, REC. 03/07/88, O.R. /6\ DRAINAGE AND UNDERGROUND UTILITY EASEMENT IN FAVOR OF INLAND VALLEY CABLEVISION PER INSTRUMENT NO. 64105, REC. 02/26/91, O.R. RECORD OWNER: CITY OF TEMEMCULA 41000 MAIN STREET TEMECULA, CA 92589 PREPARED BY.. M *NIG MARMAM DEVELOPMENT MANAGEMENT GROUP, INC. 41635 Enlvprise Ude N. - Sale B Toru Co6fan3 92590 (951) 296-3466 111. (951) 296-3416 FAX ROFESS/p 30657 Exp. 3/31/12 T9T CIV 1 OF CA'L OF TEA( CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS DRAWN BY. S. MUNROE DATE.: 07/14/11 EXHIBIT "B" ACCESS, SLOPE AND DRAINAGE EASEMENT COURSE DATA, EASEMENT NOTES, AND VICINITY MAP SHEET 1OF2 o / 1 POINT OF COMMENCEMENT - co / L2 L3 L4 L5 L6 L7 I TRUE POINT OF BEGINNING �I PARCEL "8" LLA INST. NO. 409474 REC. 11/07/90, O.R. \_ N32'11'52"W (R) 12634 SF 0.29 AC 1 RECORD OWNER: CITY OF TEMEMCULA 41000 MAIN STREET TEMECULA, CA 92589 PREPARED BY. L8 / 4 o L9 rn rn f `°oN- o 0.Z r PARCEL 4 AMENDED PM 21884 PMB 152/22-31 ,,— PARCEL 1 I PM 4758 PMB 6/39 I 1 ROFESS/ o 2_ M "'MG MARKHAM DEVELOPMENT MANAGEMENT GROUP, INC. 41635 Enlaprix We K - Suite 8 Imola, Cetlanin 92590 (951) 296-3466 la . (951) 296-3476 FAX Os KHAM . 30657 Exp. 3/31 /12 CIVO- OF CAtg DRAWN BY S. MUNROE DATE: 07/14/11 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS EXHIBIT "B" ACCESS, SLOPE AND DRAINAGE EASEMENT PLAT SHEET SHEET2 OF2 EXHIBIT A & B Temporary Construction Easement EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT July 14, 2011 Sheet 1 of 2 Being that certain portion of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Parcel "B" as shown on Lot Line Adjustment Instrument No. 409474, recorded November 7, 1990, in the office of the County Recorder, of said County, Official Records, also being that portion of parcel 2 of Parcel Map 23890, as shown by map, filed in Book 162, pages 44 through 46, inclusive, of Parcel Maps, in the Office of the County Recorder, of said County, State of California, being more particularly described as follows: COMMENCING at the most northernmost corner of said Parcel "B", said point being a point in the easterly right-of-way line of La Serena Way (88.00 feet wide), as shown on said Parcel Map, and being a point on a non -tangent curve, concave southeasterly, having a radius of 806.00 feet, a radial line to said point bears North 32°11'52" West; THENCE southwesterly, along said curve, through a central angle of 21°23'34", an arc length of 300.93 feet to the TRUE POINT OF BEGINNING; THENCE continuing southwesterly, along said curve, through a central angle of 00°43'08", an arc length of 10.11 feet; THENCE South 45°19'20"East a distance of 3.24 feet; THENCE South 01 °20'02"East a distance of 40.55 feet; THENCE South 03°35'10"East a distance of 83.50 feet; THENCE South 04°23'30"East a distance of 59.67 feet; THENCE South 04°07'53"West a distance of 31.56 feet; THENCE South 09°47'47"East a distance of 28.26 feet; THENCE South 02°56'45"West a distance of 64.62 feet; THENCE South 04°20'31 "East a distance of 41.22 feet; THENCE South 24°29'23"West a distance of 30.98 feet; THENCE South 04°15'49"West a distance of 32.09 feet; THENCE South 39°56'44"West a distance of 11.81 feet; THENCE South 04°15'49"West a distance of 11.22 feet to a point on the northerly line of Parcel "A" of said Lot Line Adjustment; THENCE South 86°37'00"East, along said line a distance of 10.00 feet; THENCE North 04°15'49"East a distance of 7.84 feet; THENCE North 39°56'44"East a distance of 5.89 feet; THENCE South 85°44'11 "East a distance of 3.45 feet; THENCE North 04°15'49"East a distance of 38.33 feet; EXHIBIT "A" July 14, 2011 LEGAL DESCRIPTION Sheet 2 of 2 TEMPORARY CONSTRUCTION EASEMENT THENCE North 24°29'23"East a distance of 31.77 feet; THENCE North 04°20'31"West a distance of 43.16 feet; THENCE North 02°56'45"East a distance of 65.10 feet; THENCE North 09°47'47"West a distance of 28.15 feet THENCE North 04°07'53"East a distance of 31.09 feet; THENCE North 04°23'30"West a distance of 60.35 feet; THENCE North 03°35'10" West a distance of 83.23 feet; THENCE North 01°20'02" West a distance of 40.36 feet to the beginning of a tangent curve, concave southwesterly, having a radius of 10.00 feet; THENCE northwesterly, along said curve, through a central angle of 43°59'19", an arc length of 7.68 feet; THENCE North 45°19'20" West a distance of 4.76 feet to the TRUE POINT OF BEGINNING. Contains 4,446 square feet, 0.10 acres, more or less. Subject to all covenants, rights, rights-of-way, and easements of record. Exhibit "B" attached hereto and by this reference mad a part hereof. The herein described easement is for temporary construction purposes only, and shall terminate six (6) months after the date of recordation of this document. Larry R. Markham, R,C.E. 30657 Date EXPIRES: 03-31-12 LINE/CURVE DATA NO. Length Direction/Delta Radius L1 3.24 S45'19'20"E L2 40.55 S01'20'02"E L3 83.50 S03'35' 10"E L4 59.67 SO4'23'30"E L5 31.56 SO4'07'53"W L6 28.26 S09'47'47"E 10.00 L7 64.62 S02'56'45"W L8 41.22 SO4'20'31 "E 806.00 L9 30.98 S24'29'23"W L10 32.09 SO4'15'49"W EASEMENT NOTES: LINE/CURVE DATA NO, Length Direction/Delta Radius L11 11.81 S39'56'44"W L12 11.22 SO4'15'49"W L13 10.00 S86'37'00"E L14 7.84 N04'15'49"E L15 5.89 N39'56'44"E L16 3.45 S85'44'11"E 10.00 L17 38.33 N04'15'49"E L18 31.77 N24'29'23"E 806.00 L19 43.16 N04'20'31 "W L20 65.10 NO2'56'45"E WATER PIPELINE EASEMENT IN FAVOR OF THE UNITED STATES OF AMERICA PER INSTRUMENT NO. 3113, REC. 10/27/49, IN BOOK 1118 AT PAGE 396, O.R. /2\ WATER PIPELINE EASEMENT IN FAVOR OF THE UNITED STATES OF AMERICA PER INSTRUMENT NO. 57185, REC. 12/01/53, IN BOOK 1531 AT PAGE 11, O.R. EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY PER INSTRUMENT NO. 18863, REC. 02/26/69, O.R. /i\ DRAINAGE EASEMENT IN FAVOR OF THE PUBLIC PER INSTRUMENT NO. 43272, REC. 02/18/88, O.R. 0 DRAINAGE EASEMENT IN FAVOR OF THE PUBLIC PER INSTRUMENT NO. 60047, REC. 03/07/88, O.R. /off DRAINAGE AND UNDERGROUND UTILITY EASEMENT IN FAVOR OF INLAND VALLEY CABLEVISION PER INSTRUMENT NO. 64105, REC. 02/26/91, O.R. RECORD OWNER: CITY OF TEMEMCULA 41000 MAIN STREET TEMECULA, CA 92589 PREPARED BY. M ]VIG MARKHAM DEVELOPMENT MANAGEMENT GROUP, INC. 41635 Enterprise Gde K -Suite B Temecula, Cdfornio 92590 (951) 296-3166 TEL • (951) 296-306 FAX LINE/CURVE DATA NO. Length Direction/Delta Radius L21 28.15 N09'47'47"W L22 31.09 N04'07'53"E L23 60.35 N04'23'30"W L24 83.23 NO3'35' 10"W L25 40.36 NO1'20'02"W C 1 7.68 43'59'19" 10.00 L26 4.76 N45'19'20"W C2 10.11 00'43'09" 806.00 r 2 �,�i• MARKHAM g .. 30657 Exp. 3/31/12 `S'y,, CIV1� ��\P OF CALICO DATE: 07/14/11 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT COURSE DATA, EASEMENT NOTES, AND VICINITY MAP SHEETIOF2 0 '11N /c2 L1 L2 RECORD OWNER: CITY OF TEMEMCULA 41000 MAIN STREET TEMECULA, CA 92589 PREPARED BV L5 L6 L7 L8 L9 L10 L11 _ L12 / ' L26 I TRUE POINT OF I BEGINNING L25 C I PARCEL "8" L24 LLA INST. NO. 409474 REC. 11/07/90, O.R. L224 L23 M ■IYIC' MARKHAM DEVELOPMENT MANAGEMENT GROUP, INC. 41635 Fnkrpn a C;ide K - Stile B Tenmla Cd(anie 92590 (951) 296-3166 11.. (951) 296-3476 FAX L13 U Q Q Z r J N0 O 15 L14 L21 L201 L19 AREA= 4446 SF 0.10 AC L18, L17 L16 I POINT OF COMMENCEMENT - I \ N32' 11' 2" W (R) PARCEL 4 AMENDED PM 21884 PMB 152/22-31 I 1""7- -7-2" DATE: 07/14/11 t -- PARCEL 1 PM 4758 PMB 6/39 1 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT PLAT SHEET SHEET2 OF2 EXHIBIT C Southern California Easement RECORDING REQUESTED BY ElSOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONAL Company WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY Real Properties 2131 Walnut Grove Avenue, 2nd Floor Rosemead, CA 91770 Attn: Distribution/TRES GRANT OF EASEMENT SPACE ABOVE THIS LINE FOR RECORDERS USE DOCUMENTARY TRANSFER TAX $ NONE (VALUE DIS rMCI Wildomar WORK OADEN 6488-2000 TD517921 IDtNIli Y 0-2158 MAP SIL AND CONSIDERATION LESS THAN $100.00) SCE Company FIM 492-1734-1 APN 953-050-016 APPROVED: Real Properties BY SLSBKM DATE 08/03/11 SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME CITY OF TEMECULA COMMUNITY SERVICES DISTRICT (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above- ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the County of Riverside, State of California, described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. EXECUTED this day of , 20 . GRANTOR CITY OF TEMECULA COMMUNITY SERVICES DISTRICT Signature F'i int Name Title GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, a corporation Dino J. LaBanca, Real Properties Department Date 2 DSE800707063 6488-2000 / 0-2158 / TD517921 State of California ) ) County of ) On before me, , personally (here insert name and title of the officer) 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 (This area for notary stamp) State of California ) ) County of ) On before me, , personally (here insert name and title of the officer) 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 (This area for notary stamp) 3 DSE800707063 6488-2000 / 0-2158 / TD517921 EXHIBIT "A" LEGAL DESCRIPTION EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON THAT CERTAIN PORTION OF PARCEL B OF THAT CERTAIN LOT LINE ADJUSTMENT RECORDED NOVEMBER 7, 1990 AS INSTRUMENT NO. 409474 OF OFFICIAL RECORDS OF SAID COUNTY, SAID PARCEL B BEING PARCEL 2 TOGETHER WITH A PORTION OF PARCEL 1 OF PARCEL MAP NO. 23890 AS SHOWN ON A MAP FILED IN BOOK 162, PAGES 44 THROUGH 46 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: A 6.00 FOOT WIDE STRIP OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL A OF SAID CERTAIN LOT LINE ADJUSTMENT, SAID POINT ALSO BEING THE EASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE NORTHERLY LINE OF SAID PARCEL 1 OF PARCEL MAP NO. 23890 SHOWN AS HAVING A BEARING OF NORTH 86°37'00" WEST AND A LENGTH OF 207.08 FEET; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL A SOUTH 02°49'06" EAST 3.00 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 88°10'54" EAST 200.03 FEET TO THE EASTERL'' LINE OF SAID PARCEL B (ALSO BEING THE EASTERLY LINE OF SAID PARCEL 2 OF PARCEL MAP NO. 23890); THENCE ALONG LAST SAID EASTERLY LINE NORTH 2°49'06" WEST 6.00 FEET; THENCE LEAVING LAST SAID EASTERLY LINE SOUTH 88°10'54" WEST 199.98 FEET; THENCE SOUTH 1°49'06" EAST 3.00 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY, AND EASEMENTS OF RECORD. CONTAINS 1,200 SQUARE FEET, OR 0.028 ACRES, MORE OR LESS. FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. 4 Prepared by me or under my direction Dated: / l• "3 , 2011 % It i(. 41/GIL- BRIAN K. MICKE ON, L.S. No. 7320 DSE800707063 6488-2000 / 0-2158 / TD517921 EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON , Q/R /� Fl_, RCG foo 23 o 20 goo' S PAR Do 10 "= WILLOW RUN ROAD VETERANS PARK WON ROgd RANCHO cC o O,p MOBILE HOME PARK SOUTH GENERAL KEARNY ROAD VICINITY MAP N.T.S. PREPARED BY ME OR UNDER MY SUPERVISION: BRIAN K. MICK LSON, L.S. N N 1'49'06" W N86'37'00"W 3.00' 207.08' 1 N 2'49'06" W 3.00' W wN 86'37'00" W (RAD.) 207.08' 27 92.81' O 114. ' ' (J I O o PARCEL Q 1 N Q P.O.B. J J IL.L. �,. SEE DETAIL BELOW QG� . UU„ 6 PARCEL Moo 409474 -- 600676 °'- EASTERLY LINE 44' PARCEL A L.L.A. INST. N NO.409474 01 z z cn o� (II I N EASTERLY LINE co v PARCEL B co 0 0 N o ,n ( ���' L.L.A.�`�3 �0 INST. op 0� u a NO. 409474 PAP' ' � X62 1 p �t O _ O in Op N 4 coN 600 IN Ul (J1 151co co.56, 7� p co o 441 N 201.41 49, 85 , J 7 J N _N � 1 U' 7g'5p'00" W N S/o3 18 PQ1 L 1 �� L.L.A. Pn(v T 44' No. 4094774 o. 7320 rn M „90,6-t7.ZQ N N 88'10'54" E N 88'10'54" E IL 2 CSL Epp Mo) 23920 ° o AGp�polo00lel 4 0 200.03' Ara' // / // / ri /i / /i /r N 88'10'54" E 200.03' LEGEND P.O.B. - NORTHEAST CORNER PARCEL 1 PARCEL MAP NO. 23890 EASEMENT DETAIL 1" = 40' DENOTES SCE EASEMENT APPROX. AREA = 1200 SQ. FT. P.O.B. = POINT OF BEGINNING SCE EASEMENT DSE800707063 6488-2000 0-2158 TD# 517921 SLS/BKM 08/03/11 EXHIBIT D / 1 / / / 7 / 1 1 1 ti 1 1 1 1 1 1 r� / 1 I / 1, V 1 b 1 1 as 1 i 1 1 1 It kite 1 1 Item No. 14 Approvals City Attorney Director of Finance City Manager "Ref— OtoL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: September 13, 2011 SUBJECT: Acceptance of Improvements and Notice of Completion for Redhawk Park Improvements, Project No. PW06-06/CSD08-004 PREPARED BY: Greg Butler, Director of Public Works/City Engineer Avlin Odviar, Senior Engineer — CIP Kendra Hannah-Meistrell, Associate Engineer — CIP RECOMMENDATION: That the Board of Directors: 1. Accept the construction of the Redhawk Park Improvements, Project No. PW06- 06/CSD08-004, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 3. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On October 27, 2009, the Board of Directors awarded a construction contract to IAC Engineering, Inc. in the amount of $787,094.92 to complete the Redhawk Park Improvements, Project No. PW06-06/CSD08-004. The work for the Redhawk Park Improvements consisted of the base bid and additive bid items nos. 2 through 5. The base bid included a 144 square foot pre -fabricated restroom, sewer line, sewage pump station (restroom is lower than the sewer line), electrical service, water line modifications, accessible parking modifications, permanent dog park, and landscaping at the Redhawk Community Park. Additive bid item no. 2 was the construction of a half court basketball court at the Redhawk Community Park. Additive bid item no. 3 was the rehabilitation of the parking lot by placing a 2" asphalt concrete overlay at the Redhawk Community Park. Additive bid item no. 4 was the installation of perforated metal umbrellas within the permanent dog park at the Redhawk Community Park. Additive bid item no. 5 was the construction of a seating area at Sunset Park. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works. All work will be warranted for a period of one year from February 15, 2011, the date the City obtained "beneficial use" of the project improvements. The construction retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Redhawk Park Improvements, Project No. PW06-06/CSD08- 004 is funded through County Service Area funds, developer contributions and donations. The base amount of the construction contract was $787,094.92; contract change orders totaled $190,820.88, contract item under runs totaled $165.00, which resulted in a total cost of the project of $977,750.80. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 41000 Main Street Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the Temecula Community Services District to IAC Engineering, Inc., 1870 West 9th Street, Suite A, Upland, CA 91786 to perform the following work of improvement: REDHAWK PARK IMPROVEMENTS Project No. PW06-06/CSD08-004 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof held on September 13, 2011. That upon said contract the Suretec Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: REDHAWK PARK IMPROVEMENTS Project No. PW06-06/CSDO8-004 The location of said property is: 44747 Redhawk Parkway, Temecula, California. Dated at Temecula, California, this 13th day of September, 2011. Temecula Community Services District Susan W. Jones MMC, City Clerk/District Secretary C?Prograrn Files\Nleevia.Corn\Document Converteiitemp\1014436.docx STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss I, Susan W. Jones MMC, City Clerk/District Secretary of the Temecula Community Services District, City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said Board of Directors. Dated at Temecula, California, this 13th day of September, 2011. Temecula Community Services District Susan W. Jones MMC, City Clerk/District Secretary C:Program Files\Neevia.Com\Document Converteritemp11014436.docx BOND NUMBER: 4376917 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT TEMECULA COMMUNITY SERVICES DISTRICT MAINTENANCE BOND PROJECT NO, PW06 06/CSDOB-0004 REDHAWK PARK IMPROVEMENTS KNOW ALL PERSONS BY THESE PRESENT THAT: IAC ENGINEERING INC , 1870 W. 9TH ST., UPLANDS CA 91_786 NAME AND ADDRESS CONTRACTOR'S a CORPORAT.ON , hereinafter called Principal, and am in whether a corporation, Partnership or individual) SURETEC INSURANCE COMPANY, 3033 5TH AVE. SUITE 300, SAN DIEGO, CA 92103 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and ifirmly CITY OF hereinafter called OWNER, in the penal sum of NINETY-SEVEN unto NINETY-ONE DOLLARS and FIFTY-EIGHT CENTS ($ 97,791.58 .) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 271h day of October, 2009, a copy of which is hereto attached and made a part hereof for the construction, of PROJECT NO, PW06406/CSD08-0004, REDHAWK PARK IMPROVEMENTS, WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and the final estimate was approved on February 15, 2011. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be Included, including reasonable attorneys' fees incurred by MAINTENANCE BONA M.1 tkierepoe,mwawamw►Fomomon ateiv •rwrow ..oixaa i imam Taw. the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 11TH day of AUGUST, 2011 (Seal) SURETY PRINCIPAL SURET INSURANCE COMPANY By: ?i rt DEBRA L. FRANCO (Name) P ATTORN (Title) EGA FACT APPROVED AS TO FARM; Peter M. Thorson, City Attorney (Name) PRESIDENT (Title) By: (Name) (Title) Attach Notarjal Acknowledgement or Jurat tot b_th the Surety andfrincipel Signatures Amb GP . Imp y MAINTENANCE BOND A:avnoaEcisnyoNUNsacgwIDA r a NrnnAroWd,N^NWAAaA AM fu.eiCBp Arse POA a: 510003 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas. does by these presents make, constitute and appoint Philip E. Vega, Frank Morones its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/I00 ($5,000,000.00) and to bind the Company thereby as fully and to the satne extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/12 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Anomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorneyin-Foci may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or temrinating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of' attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held an 20r0 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. State of Texas County of Harris SURETEC INSCE COMPANY On this 28h day of October, 2008 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and whicb executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. MAAiP,It. Ian Michelle Denny, Notary Pylic My commission expires August 27, 2012 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set our in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 11TH day of AUGUST 20 2011, A.D. M. Brent : eaty, Assis ant Secretary Any instrument Issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm C37. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles 8/11/11 On Date personally appeared 1 before me, Monica Blaisdell, Notary Public Here Insert Name and Title of the Officer Philip Vega Name(s) of Signer(s) MONICA BLAISDELL Commission # 1794078 Notary Public - California I Orange County - MyComn. EsptesMar26, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persona) whose name(t) is/kee subscribed to the within instrument and acknowledged to me that heAcitiaagxexecuted the same in his iQr keikauthorized capacity; , and that by his/ r4t6ar signature(s) on the instrument the person), or the entity upon behalf of which the person) 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 '-1 A tit 1' AI Signature Of Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of Califo ism County of '� �t� Bim-+`,t\tPl /� h-6 On �-1 efore me��(/ t J VI).- I �5 L /y/1 I`/ `}Y(�I�1y`�) 1l(.' 1 '7 I v` Date / Here Insert Name and Tlt th'pOfficer� personally appeared 6 (> Name( of Signer(s) MARY ELLEN ZEPEDA Commission # 1776367 Notary Public - California £ San Bernardino County C MyComm. Expires Oct27, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(*) whose name" is( subscribed to the within instrument and acknowledged to me that iee/she/tay- executed the same in I*s/herttebir authorized capacity(a), and that by /her/Iaeir signature(*) on the instrument the person', or the entity upon behalf of which the person(e) 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. WIT Signature: OPTIONAL 6,rT,t', Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Individual Partner — Limited General 11 Attorney in Fact 1 Trustee H. Guardian or Conservator L! Other: Signer Is Representing: RIGHT THUI OF SIG PRINT R Top of thumb here Signer's Name: r Corporate Officer — Title(s): P Individual 1 Partner — ' i, Limited General ❑ Attorney in Fact 1 Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THU OF SIG PRINT R Top of thumb here t^E,su-<c>...n ss .s.^�ec_:o r:ss n_.,, , . ,. ^r c_s e;cow-ev.=cA:c,.w+ c-.sc^Nwc�sz�.c,<.<xssc_:c © 2010 National Notary Association - NationalNotary.org • 1 -800 -US NOTARY (1-800-676682]( tem 45907 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT TEMECULA COMMUNITY SERVICES DISTRICT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW06-06/CSD08-0004 REDHAWK PARK IMPROVEMENTS This is to certify that IAC ENGINEERING, INC. , (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of its contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW06-06/CSDO8-0004, REDHAWK PARK IMPROVEMENTS, situated in the City of Temecula, State of California, more particularly described as follows: REDHAWK PARK, CITY OF TEMECULA, CALIFORNIA INSERT ADDRESS OR DESCRIBE LOCATION OF WORK HERE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute N/A N/A Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: 8/10/2011 By RELEASE R-1 CONT ACTOR Signature DEBRA L. FRANCO Print Name and Title RICPWROIECTS1PWO PW06415RedhalcPark hprovemectaped,W06.06 Bid Dom TCS6duo REDEVELOPMENT AGENCY Item No. 15 ACTION MINUTES of AUGUST 23, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:14 P.M. CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts, Naggar Absent: RDA PUBLIC COMMENTS RDA CONSENT CALENDAR Comerchero 12 Action Minutes -Approved Staff Recommendation (4-0-1) Agency Member Washington made the motion; it was seconded by Agency Member Roberts and electronic vote reflected unanimous approval, with the exception of Agency Member Comerchero, who was absent. RECOMMENDATION: 12.1 Approve the action minutes of August 9, 2011. 13 Resolution and Enforceable Obligations Payment Schedule required under AB X1 26 and AB X1 27 - Approved Staff Recommendation (4-0-1) Agency Member Washington made the motion; it was seconded by Agency Member Roberts and electronic vote reflected unanimous approval, with the exception of Agency Member Comerchero, who was absent. RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. RDA 11-09 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO PART 1.8 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH RDA Action Minutes\082311 1 14 Tenant Relocation Plan for the Portola Terrace Affordable Housing Development located at 28673, 28681, and 28701 Puiol Street - Approved Staff Recommendation (4-0-1) Agency Member Washington made the motion; it was seconded by Agency Member Roberts and electronic vote reflected unanimous approval, with the exception of Agency Member Comerchero, who was absent. RECOMMENDATION: 14.1 Approve the Tenant Relocation Plan (Plan) for the Portola Terrace Affordable Housing Development. RDA DEPARTMENTAL REPORT RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:15 P.M., the Redevelopment Agency meeting was formally adjourned to Tuesday, September 13, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Chair Person ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] RDA Action Minutes\082311 2 COUNCIL BUSINESS Item No. 16 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Peter M. Thorson, City Attorney DATE: September 13, 2011 SUBJECT: Employment Agreement for City Manager Designate Bob Johnson RECOMMENDATION: Approve the "City Manager Employment Agreement between Robert Johnson and City of Temecula" effective on January 1, 2012 and authorize the Mayor to execute the Agreement on behalf of the City in substantially the form presented to the Council. DISCUSSION: On July 10, 2011 the City Council appointed Bob Johnson as the City Manager to succeed the retiring Shawn Nelson on January 1, 2012. The Council directed the City Attorney to prepare an employment agreement for Mr. Johnson. The major terms of the proposed Employment Agreement with Mr. Johnson are: 1. Salary: Mr. Johnson will receive a salary of $215,000 per year with no cost of living increases. Over the term of the Agreement, his salary shall not be less than 110% of the City's highest paid employee. 2. Term of Agreement: The term of the Employment Agreement will be four years from January 1, 2012 to December 31, 2015. 3. Benefits: A. Mr. Johnson will receive the same retirement, Comprehensive Annual Leave (vacation, sick leave, etc.), insurance, and holiday benefits as are available to employees in the Executive Management Group with certain limited exceptions. B. Mr. Johnson will receive $11,000 per year in deferred compensation to an IRS 457(b) or 401(a) plan. C. Mr. Johnson shall be entitled to an additional sixty (60) hours in the amount of unused Comprehensive Annual Leave time that may be accrued. He will not receive any additional Comprehensive Annual Leave, just the ability to accrue an additional 60 hours of unused leave. D. Mr. Johnson shall be permitted to participate in an IRS 401(a) money purchase plan and a Retirement Health Savings Plan but any and all contributions shall be made by Mr. Johnson with no City -paid contributions other than the deferred compensation contributions referenced in 3(B) above. 4. Termination/Resignation: A. Mr. Johnson will serve as an at -will employee of the Council. He can be terminated at any time, with or without cause by Council action of three affirmative votes, except that he cannot be terminated within six months of a Council election in which a new Council member is elected. B. If terminated, Mr. Johnson will receive a severance payment in an amount equal to six months' salary or the remaining time of the term of the Agreement, whichever is less, and City payment of insurance benefits during the six months following his termination. C. Severance benefits will not be paid if the termination is based on Mr. Johnson being: (1) charged with, or convicted of a felony; or (2) engaging in corrupt or willful misconduct in office. D. Severance benefits are riot available if Mr. Johnson resigns or the Agreement expires without renewal. E. If there is reduction in Mr. Johnson's salary or benefits below reductions imposed on employees of the Executive Management Group, Mr. Johnson could consider this a termination and would be entitled to severance benefits. F. Mr. Johnson must provide 60 days written notice of termination or a shorter period if approved by the Council. 5. Performance Evaluation: Mr. Johnson will receive an annual performance evaluation following adoption of City Budget. 6. Automobile: Mr. Johnson will receive an automobile allowance of $500 per month plus mileage reimbursement at the Internal Revenue Rate for travel on City business outside of the City. He will also be entitled to use of a City vehicle if needed for large groups, inclement weather, or unusual road conditions. The proposed salary is in the lower third of city managers of cities in California with populations of 100,000. A schedule of salaries, deferred salary, and benefits for city managers in cities of 100,000 to 110,000 population based on the State Controller's Office website is attached. FISCAL IMPACT: The cost of this Employment agreement will be: (1) $ 215,000 per year for salary plus employer payroll taxes and PERS Retirement; (2) $ 11,280.00 per year for benefits (based on FY 2011-12); (3) $11,000 for deferred compensation; and (4) $6,000 per year for automobile allowance. It is anticipated that Mr. Johnson's current position of Assistant City Manager will riot be filled. ATTACHMENTS: 1. Survey of salaries, deferred compensation, and benefits for city manager in cities of 100,000 to 110,000 population based on State Controllers website data. 2. Proposed Employment Agreement. SALARIES, DEFERRED COMP, AND BENEFITS OF CITY MANAGERS IN CITIES OF 100,000 TO 110,000 (BASED ON CALIFORINIA STATE CONTROLLER'S WEBSITE DATE) City (County) Max Health/Dental (Population) Salary Defer Comp Vision Insurance Norwalk Los Angeles (109,567) $277,666 $15,000 $15,615 Victorville San Bernardino (109,441) $321,476 $6,848 $1,252 San Buenaventura Ventura (108,787) $213,886 $8,845 $8,827 Burbank Los Angeles (108,082) $220,828 $13,002 Berkeley Alameda (107,178) $242,577 $21,251 $4,550 Daly City San Mateo (107,099) $263,120 $1,535 Fairfield Solano (106,440) $220,000 $18,148 $12,070 Carlsbad San Diego (104,652) $217,200 $5,999 $14,172 Richmond Contra Costa (104,513) $266,496 $22,500 $17,819 South Gate Los Angeles (102,770) $174,996 $11,000 $6,343 Temecula Riverside (102,604) Antioch Contra Costa (100,957) $194,784 $2,705 $7,993 Murrieta Riverside (100,714) $218,505 $14,669 Mission Viejo Orange (100,242) $197,716 $7,508 $10,120 Rialto San Bernardino (100,022) $264,120 $11,275 CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN ROBERT C. JOHNSON AND CITY OF TEMECULA THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into as of September 13, 2011, by and between the CITY OF TEMECULA, a California Municipal Corporation ("City"), and Robert C. Johnson, an individual, ("Employee"). In consideration of the mutual covenants hereinafter contained the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following purposes and facts that each party acknowledges to be true and correct: A. City desires to engage and retain the services of Employee, and Employee desires to accept employment as City Manager of the City of Temecula. B. The City Council desires to encourage the highest standards of fidelity and public service on the part of Employee. C. The Parties desire to provide a reasonable degree of employment security during the term of this Agreement, while providing a just means for terminating Employee's services, should cause exist. D. The parties further desire to establish certain benefits and certain conditions of Employee's employment. 2. Duties. City agrees to employ Employee as City Manager of City to perform the functions and duties specified in the Temecula Municipal Code and the California Government Code and to perform such other legally permissible and proper duties and functions as may be assigned from time to time. Employee shall not consult or engage in other non -City connected business or consulting without the prior knowledge and express written approval of the City Council, provided, however, Employee shall be permitted to instruct, write, teach and lecture on Employee's time off. 3. Term. The term of this Agreement shall commence on January 1, 2012 and shall terminate on December 31, 2015, unless sooner terminated as provided in Paragraph 6 of this Agreement. 4. Salary. A. Effective as of January 1, 2012, City agrees to pay Employee for the services required by this Agreement, a salary of two hundred fifteen thousand dollars ($215,000.00) ("salary") payable on City's regular paydays. B. Employee shall not be entitled to cost of living increases in the salary as may otherwise be provided to general or Executive Management Group employees. C. Effective January 1, 2012, and in addition to annual salary and other benefits, City shall contribute an amount equal to one-half (1/2) the maximum annual contribution permitted annually during a calendar year up to eleven thousand dollars ($11,000.00), for Internal Revenue Code section 457 (b) governmental deferred compensation plans to a 457(b) or a 401(a) plan governmental deferred compensation plan maintained by City, pursuant to Government Code section 53213 as determined by Employee. The maximum annual contribution will be determined by applicable federal law (IRC section 457 or successor) or the limit provided under the applicable deferred compensation plan, whichever is less. Such contribution will be prorated and paid each pay period and will also be prorated for partial years. For purposes of calculating the City's contribution, the basic annual limit and the age 50 catch-up limit, if applicable, will be used. The three-year catch-up limit and any additional limit adopted by the federal government after the execution of this Agreement will not be considered in calculating the City's contribution. D. Other provisions of this section notwithstanding and consistent with the City's Classification and Compensation plan, the annual salary of Employee shall never be less than one hundred and ten percent (110%) of the City's next highest paid employee. 5. Hours of Work, Retirement, Insurance, Leaves, and Holidays. A. Employee's duties may involve expenditures of time in excess of eight (8) hours per day, forty (40) hours per week, and may also include time outside normal office hours such as attendance at City Council and other meetings. Employee shall be exempt from paid overtime compensation. B. Employee shall be entitled to such retirement, insurance and other fringe benefits as are provided in the benefits package for employees in the Executive Management Group except as otherwise provided in this Agreement. Such benefits shall be paid on the same basis as paid for employees in the Executive Management Group. C. Employee shall be entitled to such Comprehensive Annual Leave on the same terms, conditions, limitations, and restrictions as apply to employees in the Executive Management Group. Employee shall also be entitled to an additional sixty (60) hours in the amount of unused Comprehensive Annual Leave that can be accrued. D. Employee shall be entitled to such paid holidays and leaves as are provided to employees in the Executive Management Group. E. Employee is currently in the position of Assistant City Manager for City. Employee's seniority, employment anniversary date and accumulated leaves as of January 1, 2012 shall remain in effect and shall not be terminated or modified by this Agreement notwithstanding the provisions of Paragraph 13.A. of this Agreement. This Agreement is intended to continue the employment of Employee without interruption. F. Employee shall be permitted to participate in a 401(a) money purchase plan and a Retirement Health Savings Plan (RHS), to be established by City' benefit administrator and administered by City's current 457 plan administrator or another qualified provider. Any and all contributions to these plans will be the sole responsibility of Employee, with no City -paid contributions to these plans, on behalf of Employee. 6. Termination and Resignation. A. Employee is an at -will employee serving at the pleasure of the City Council, subject to the terms of this Agreement. City Council may terminate this Agreement and Employee's tenure as City Manager at any time without notice and with or without cause. Termination shall require the affirmative votes of three Council Members. B. In the event Employee is terminated by the City Council, City shall pay Employee an amount equal to his then -monthly salary for a period of six (6) months, or such time as is remaining on the term of this Agreement, whichever is less, subject to the provisions of Section 6.C. of this Agreement. During said period, City shall also provide to Employee, at no cost to Employee, the insurance benefits provided by Paragraph 5. B. of this Agreement. Employee shall not be entitled to retirement or leave benefits during this period, or any other benefit not permitted by law. This severance benefits shall not apply if Employee resigns or if this Agreement expires without a written amendment extending it. C. City shall not be obligated to provide the severance benefits designated in Paragraphs 6.A. and 6.B in the event that: (1) Employee is terminated because of his conviction of a felony or the filing of a criminal charge against him alleging a felony which subsequently results in his conviction of a felony (including a plea of nolo contendre thereto); or (2) Employee has engaged in corrupt or willful misconduct in office, including any illegal act involving personal gain. In the event Employee is terminated by City following the filing of felony charge or charges, Employee shall be entitled to such severance benefits commencing at the time a final judgment is rendered or disposition of the charges is made establishing that Employee did not commit the acts for which he was charged unless it is otherwise established that employee has engaged in corrupt or willful misconduct in office, including any illegal act involving personal gain. D. Upon termination, separation, or expiration of Employee's employment as City Manager, City shall deposit the lump sum cash equivalent of all of the remaining leaves to which Employee is entitled under this Agreement, into Employee's designated RHS plan. E. In the event the City Council, at any time during the term of this Agreement, reduces the Employee's salary or any other benefits in a greater percentage than an applicable across-the-board reduction for Executive Management Group employees of the City, or fails to increase Employee's salary or any other financial benefits consistent with increases granted Executive Management Group employees, or in the event the City Council refuses, following written notice, to comply with any other provision benefitting Employee herein, then, Employee may, at his option, deem that his tenure as City Manager has been "terminated" effective as of the date of such action by the City Council. F. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with City, subject only to Employee providing sixty (60) days prior written notice to the City or such shorter period as approved in writing by the City Council. G. Notwithstanding the above, it is also understood and agreed that the Employee shall be retained a minimum of six (6) months following any municipal election at which a new councilmember is elected to the Council, thereby allowing the new City Council adequate time to assess the Employee's performance. If Employee is terminated at the end of this six month period following such an election, the provisions of this Section shall apply to such action. H. Notwithstanding any other provision or the term of this Agreement, the maximum severance and health benefits that Employee may receive under this Agreement as a result of termination, shall not exceed the limitations provided in Government Code §§ 53260-53264. 7. Performance Evaluation. A. The City Council shall review and evaluate the performance of Employee annually after the adoption of the annual operating budget. Said review and evaluation shall be in accordance with specific criteria developed jointly by the City Council and Employee. Said criteria may be added to or deleted from as the City Council may from time to time determine after consultation with Employee. The Mayor shall provide Employee with a summary written statement of the findings of the City Council and provide an adequate opportunity for Employee to discuss his evaluation with the City Council. Employee shall schedule such performance evaluations. B. Annually, the City Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City, and in the attainment of the City Council's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budget appropriations provided. 8. Automobile. Employee's duties require that he shall have the exclusive and unrestricted use of a vehicle at all times during his employment with the City. In lieu of providing Employee with a City vehicle for his exclusive use, City shall provide an automobile allowance of five hundred dollars ($500.00) each month and shall reimburse Employee for mileage, only for attendance at required meetings outside of City limits, at the mileage rate allowed by the Internal Revenue Service for mileage reimbursement. In the event employee must travel to meetings in inclement weather, unusual road conditions, or for the transport of larger groups of individuals in the course of his City duties, Employee shall be allowed business related use of a City fleet vehicle. No mileage reimbursement will be granted for Employee's use of City fleet vehicles. 9. Memberships. City agrees to pay Employee's membership dues in the International City Managers Association and Employee shall have a reasonable right to attend meetings of such Association and of the California League of Cities at City expense. 10. General Expenses. City recognizes that certain extraordinary expenses of a non -personal and job affiliated nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses which are submitted according to City's normal procedures or such other procedure as may be designated by the City Council and which are supported by expense receipts, statements or personal affidavits, and an audit thereof in like manner as other demands against the City. To be eligible for reimbursement, all expenses must be submitted by the last day of the month following the month in which they are incurred. 11. Bonds. City shall bear the full cost of any fidelity or other bonds required of Employee under any law, or City ordinance or resolution by virtue of his employment with the City. 12. Other Terms and Conditions of Emplovment. The City may, from time to time, fix other terms and conditions of employment relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, Temecula Municipal Code, or other applicable law. 13. General Provisions. A. This Agreement contains the entire understanding between the parties relating to the obligations and benefits of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, including the At -Will Agreement between the City and Employee dated as of November 14, 2006,except as provided in Paragraph 5.E. of this Agreement, are merged into this Agreement and shall be of no further force or effect. B. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. C. Employee acknowledges that he has had the opportunity and has conducted an independent review of the financial, tax and legal effects of this Agreement. Employee acknowledges that he has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of City, its officers, agents or employees other than those expressly set forth in this Agreement. D. Pursuant to Government Code Section 53245, Employee may file with the City a designation of a person who, notwithstanding any other provision of law, shall, on the death of Employee, be entitled to receive all warrants or checks that would have been payable to Employee had he survived. Employee may change the designation from time to time. Any person so designated shall claim such warrants or checks from the City. On sufficient proof of identity, the City shall deliver the warrants or checks to the claimant. A person who receives a warrant or check pursuant to this section is entitled to negotiate it as if he or she were the payee. E. All notices pertaining to this Agreement shall be sent to: EMPLOYEE: Robert C. Johnson At the most recent address on file in Employee's personnel file held by City's Human Resources Department CITY: City Clerk City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Such notice shall be deemed made when personally delivered, transmitted by facsimile, or when mailed, 48 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. F. If any provision or portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect. G. To the extent the terms of this Agreement provide for payments or actions beyond the term of the Agreement, then such terms shall survive the expiration of the term of the Agreement. IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor Attest: Susan Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney EMPLOYEE Robert C. Johnson Item No. 17 Approvals City Attorney Director of Finance City ManagerOCL ffile-r. fie. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 13, 2011 SUBJECT: School Area Traffic Safety (at the request of Mayor Pro Tem Washington) PREPARED BY: Jerry Gonzalez, Associate Engineer - Traffic RECOMMENDATION: That the City Council receive and file the report BACKGROUND: At the request of Mayor Pro Tem Washington, staff was directed to provide the City Council a summary of the presentation to be made to the Public Traffic Safety Commission, which reviewed traffic safety at various school sites in Temecula. The presentation documented the collabartive efforts of Public Works Staff, Temecula Police Department and Temecula Valley Unified School District, to implement measures that enhance safety at school sites within the City. FISCAL IMPACT: There are minor costs associated with installing signs and modifying pavement markings. Adequate funds are available in the Traffic Division operating budget. ATTACHMENTS: None