Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
031318 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 REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 13, 2018 — 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. No Closed Session Next in Order: Ordinance: 18-07 Resolution: 18-17 CALL TO ORDER: Mayor Matt Rahn Prelude Music: Chaparral High School Spring Musical "Young Frankenstein" Invocation: To Be Announced Flag Salute: Council Member James "Stew" Stewart National Anthem: Liam Naggar ROLL CALL: Comerchero, Edwards, Naggar, Stewart, Rahn PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the City Council on items that appear within the Consent Calendar or a matter 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 may be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. 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 may be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. 1 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. 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 Waive Reading of Standard Ordinances and Resolutions RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of February 27, 2018 RECOMMENDATION: 2.1 That the City Council approve the City Council action minutes, Joint City Council/Community Services District, and Joint Meeting of the City Council and Public/Traffic Safety Commission action minutes of February 27, 2018. 3 Approve the List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Adopt Ordinance 18-06 Amending Section 17.04.020 of the Temecula Municipal Code Regarding Temporary Use Permits and Adding a New Chapter 17.42 Collection Containers, Establishing Permitting, Operational Requirements and Procedures for Enforcement (Long Range Planning Application Number LR17-1180) (Second Reading) RECOMMENDATION: 4.1 That the City Council adopt an ordinance entitled: 2 ORDINANCE NO. 18-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 17.04.020 "TEMPORARY USE PERMITS" AND ADDING A NEW CHAPTER 17.42 "COLLECTION CONTAINERS" TO TITLE 17 "ZONING" OF THE TEMECULA MUNICIPAL CODE AND FINDING THE ORDINANCE IS EXEMPT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) 5 Approve a Sponsorship Agreement with Trauma Intervention Program of Southwest Riverside County, Inc. for Traumatic Incident Citizen Support RECOMMENDATION: 5.1 That the City Council approve a Sponsorship Agreement with Trauma Intervention Program of Southwest Riverside County, Inc., in the amount of $10,000, for Traumatic Incident Citizen Support. 6 Approve an Agreement for Consultant Services with Fehr & Peers, Inc., for the Old Town Parking Management Plan Update RECOMMENDATION: 6.1 That the City Council approve an Agreement for Consultant Services with Fehr & Peers, Inc., in the amount of $72,809, with a 10% contingency of $7,280, for a total agreement amount of $80,089, for the Old Town Parking Management Plan Update. 7 Amend the Capital Improvement Program Budget for Fiscal Years 2018-22 to Accelerate Funding for Medians and Ornamental Barriers — Citywide, from Fiscal Year 2018-19 to Fiscal Year 2017-18 RECOMMENDATION: 7.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, TO AMEND THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2018-22 TO ACCELERATE FUNDING FOR MEDIANS AND ORNAMENTAL BARRIERS CITYWIDE, FROM FISCAL YEAR 2018-19 TO FISCAL YEAR 2017-18 8 Amend the Capital Improvement Program Budget for Fiscal Years 2018-22 to Accelerate Funding for Sidewalks — Citywide, from Fiscal Year 2018-19 to Fiscal Year 2017-18 and Award a Construction Contract to Eagle Paving Company, Inc. for Sidewalks — Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park), PW 17-04 3 RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, TO AMEND THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2018-22 TO ACCELERATE FUNDING FOR SIDEWALKS — CITYWIDE, FROM FISCAL YEAR 2018-19 TO FISCAL YEAR 2017-18 8.2 Approve an additional appropriation of $400,000 from the Sidewalks — Citywide project to the Sidewalks — Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park); 8.3 Award a Construction Contract to Eagle Paving Company, Inc., in the amount of $477,577, for Sidewalks — Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park), PW17-04; 8.4 Authorize the City Manager to approve change orders not to exceed the contingency amount of $47,757.70, which is equal to 10% of the Contract amount; 8.5 Make a finding that the Sidewalks — Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park), PW 17-04, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 9 Amend the Capital Improvement Program Budget for Fiscal Years 2018-22 to Accelerate Funding from Sidewalks — Citywide, from Fiscal Year 2018-19 to Fiscal Year 2017-18 and Award a Construction Contract to Eagle Paving Company, Inc. for Sidewalks — Sixth Street Improvements, PW17-05 RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, TO AMEND THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2018-22 TO ACCELERATE FUNDING FOR SIDEWALKS — CITYWIDE, FROM FISCAL YEAR 2018-19 TO FISCAL YEAR 2017-18 9.2 Approve an additional appropriation of $100,000 from the Sidewalks — Citywide project to the Sidewalks — Sixth Street Improvements; 9.3 Award a Construction Contract to Eagle Paving Company, Inc., in the amount of $150,595, for Sidewalks — Sixth Street Improvements, PW 17-05; 9.4 Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,059.50, which is equal to 10% of the Contract amount; 4 9.5 Make a finding that Sidewalks — Sixth Street Improvements, PW 17-05, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 10 Award a Construction Contract to CT & T Concrete Paving, Inc. for Sidewalks — Ynez Road, PW 17-22 RECOMMENDATION: 10.1 Award a Construction Contract to CT & T Concrete Paving, Inc., in the amount of $48,112.50, for Sidewalks — Ynez Road (Winchester Road to County Center Drive), PW 17-22; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $4,811.25, which is equal to 10% of the Contract amount. 11 Award a Construction Contract to Aramexx Group, Inc. for the Fallen Heroes Memorial, PW 17-07 RECOMMENDATION: 11.1 Approve an appropriation of $75,000 from the Public Art Fund to the Fallen Heroes Memorial, PW17-07; 11.2 Award a Construction Contract to Aramexx Group, Inc., in the amount of $153,485, for the Fallen Heroes Memorial, PW17-07; 11.3 Authorize the City Manager to approve Contract Change Orders not to exceed the contingency amount of $15,348.50, which is equal to 10% of the contract amount; 11.4 Make a finding that the Fallen Heroes Memorial project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 12 Approve the First Amendment to the Purchase and Installation Agreement with Miracle Recreation Equipment Company for Vail Ranch Park Playground Equipment Replacement, PW17-10 RECOMMENDATION: 12.1 That the City Council approve the First Amendment to the Purchase and Installation Agreement with Miracle Recreation Equipment Company for additional services for the Vail Ranch Park Playground Equipment Replacement Project. 13 Approve the First Amendment to Agreement with Mike's Precision Welding, Inc. for Welding Maintenance Services RECOMMENDATION: 13.1 That the City Council approve the First Amendment to the Agreement with Mike's Precision Welding, Inc., in the amount of $70,000, for a total agreement of $100,000, and extend the terms to June 30, 2020. 5 14 Accept Improvements and File the Notice of Completion for the Old Town Sidewalk Improvement Proiect, PW 15-06 RECOMMENDATION: 14.1 Accept the improvements for the Old Town Sidewalk Improvement Project, PW15-06, as complete; 14.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the Contract amount; 14.3 Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: CSD 18-01 Resolution: CSD 18-02 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear within the Consent Calendar or a matter 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 may be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. 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 may be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. CSD 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 Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 15 Approve the Action Minutes of February 27, 2018 RECOMMENDATION: 15.1 That the Board of Directors approve the Community Services District action minutes and the Joint City Council/Community Services District action minutes of February 27, 2018. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, March 27, 2018, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — No Meeting TEMECULA HOUSING AUTHORITY — No Meeting TEMECULA PUBLIC FINANCING AUTHORITY — No Meeting RECONVENE TEMECULA CITY COUNCIL JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY SERVICES COMMISSION CALL TO ORDER: Mayor Matt Rahn ROLL CALL: COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Stewart, Rahn COMMISSIONERS: Borgeson, Levine, Nelson, Schwank, Willis 16 Conduct Annual Joint Meeting Between the City Council and the Community Services Commission RECOMMENDATION: 16.1 That the City Council conduct the annual joint meeting between the City Council and the Community Services Commission. ADJOURNMENT OF JOINT MEETING COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, March 27, 2018, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports and public Closed Session information) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the agenda packet may also be accessed on the City's website — TemeculaCA.gov — and will be available for public viewing at the respective meeting. 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 viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material will be made available on the City's website — TemeculaCA.gov — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694-6444. 8 CITY COUNCIL CONSENT Item No. 1 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: March 13, 2018 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA FEBRUARY 27, 2018 — 7:00 PM No Closed Session At 7:00 PM Mayor Rahn called the City Council meeting to order to consider the matters described on the agenda. CALL TO ORDER: Mayor Matt Rahn Prelude Music: Claire Maxey Invocation: Mayor Pro Tem Mike Naggar Flag Salute: Mayor Pro Tem Mike Naggar ROLL CALL: Comerchero, Edwards, Naggar, Stewart, Rahn PRESENTATIONS/PROCLAMATIONS Presentation of Certificate of Achievement to Spencer Mack of Troop #301 for Attaining Eagle Scout Rank Presentation by Roger Alfaro of Vavrinek, Trine, Day & Co, LLP. Regarding Annual CAFR Report PUBLIC COMMENTS The following individuals addressed the City Council on non -agenda items: • Robert Boyd • Ms. Miller CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 1 2 Approve the Action Minutes of February 13, 2018 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 2.1 That the City Council approve the City Council, Joint Meeting of the City Council/Planning Commission, and Joint Meeting of the City Council/Old Town Local Review Board action minutes of February 13, 2018. 3 Approve the List of Demands - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the City Treasurer's Report as of December 31, 2017 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of December 31, 2017. 5 Adopt Ordinance 18-05 Amending Section 10.44.010 of the Temecula Municipal Code Relating to the Use of Golf Carts on Royal Birkdale Drive from Meadows Parkway to Temeku Drive (Second Reading) - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 5.1 That the City Council adopt an ordinance entitled: ORDINANCE NO. 18-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.44.010 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE USE OF GOLF CARTS ON ROYAL BIRKDALE DRIVE FROM MEADOWS PARKWAY TO TEMEKU DRIVE 2 6 Approve the Sponsorship Agreement with Reality Rally, Inc. for the 2018 Reality Rally, a Fundraiser Event for Michelle's Place (At the Request of the Economic Development Committee Edwards and Comerchero) - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 6.1 That the City Council approve the Sponsorship Agreement with Reality Rally, Inc. for city -support costs, in the amount of $6,400 and in-kind promotional services of $11,415, for the 2018 Reality Rally. 7 Approve the Sponsorship Agreement with Temecula Education Foundation for the 2018 Taste of Temecula Valley (At the Request of the Economic Development Committee Edwards and Comerchero) - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 7.1 That the City Council approve the Sponsorship Agreement with Temecula Education Foundation for city -support costs, in the amount of $3,825 and in-kind promotional services of $11,415, for the 2018 Taste of Temecula Valley. 8 Approve the First Amendment to the Exclusive Negotiating Agreement with Stephen A. Bieri Company, Inc., for the Potential Disposition of City -owned Property Located at the Northwest Corner of Diaz Road and Dendy Parkway (APN: 909-370-049 & 909-370-050) - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 8.1 That the City Council approve the First Amendment to the Exclusive Negotiating Agreement (ENA) with Stephen A. Bieri Company, Inc., for the potential purchase of the City -owned Diaz Road property (APN: 909-370-049 & 909-370-050). 9 Approve the First Amendment to the Agreement with Terry Witcher DBA Witcher Electric for Maintenance Services - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 9.1 That the City Council approve the First Amendment to the Agreement with Terry Witcher DBA Witcher Electric, in the amount of $70,000, for a total agreement amount of $100,000, for additional various on-call and emergency electrical services. RECESS At 7:28 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:51 PM, the City Council resumed with the remainder of the City Council Agenda. 3 JOINT MEETING OF THE CITY COUNCIL AND TEMECULA COMMUNITY SERVICES DISTRICT 11 Approve Fiscal Year 2017-18 Mid -Year Budget Adjustments - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Edwards; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 11.1 That the City Council/TCSD Board of Directors adopt the following resolutions entitled: RESOLUTION NO. 18-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE FISCAL YEAR 2017-18 ANNUAL OPERATING BUDGET, AND THE BUDGET AND FISCAL POLICIES RESOLUTION NO. CSD 18-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AMENDING THE FISCAL YEAR 2017-18 ANNUAL OPERATING BUDGET RESOLUTION NO. 18-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CAPITAL IMPROVEMENT PROGRAM FISCAL YEARS 2018-22 AND AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2017-18 FOR THE EMERGENCY OPERATIONS CENTER IMPROVEMENTS PROJECT ADJOURNMENT OF JOINT MEETING RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 12 Approve the Town Square Market Place, a Development Plan to Allow for the Construction of an Approximately 87,280 Square Foot Commercial Center Comprised of Two 3 -Story Buildings with Basements, Generally Located on Both Sides of Town Square Park on Main Street Adjacent to the Civic Center (Planning Application Number PA17-0324) - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: That the City Council conduct a Public Hearing and approve the Town Square Market Place Development Plan (Planning Application Number PA17-0324) and: 4 12.1 Adopt a resolution entitled: RESOLUTION NO. 18-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-0324, A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATELY 87,280 SQUARE FOOT COMMERCIAL CENTER COMPRISED OF TWO 3 -STORY BUILDINGS WITH BASEMENTS ON PROPERTY LOCATED ON BOTH SIDES OF TOWN SQUARE PARK ON MAIN STREET, ON THE WEST SIDE OF MERCEDES STREET, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APNS: 922-360-004, 922-360-005, 922-360-006, 922-360-007) The following individuals addressed the City Council on this item: • Joe Holasek • Ms. Miller 13 Introduce Ordinance Amending Section 17.04.020 of the Temecula Municipal Code Regarding Temporary Use Permits and Adding a New Chapter 17.42 Collection Containers, Establishing Permitting, Operational Requirements and Procedures for Enforcement (Long Range Planning Application Number LR17-1180) - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Edwards; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. Motion to include staff review at six and twelve months. RECOMMENDATION: 13.1 That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 18-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 17.04.020 "TEMPORARY USE PERMITS" AND ADDING A NEW CHAPTER 17.42 "COLLECTION CONTAINERS" TO TITLE 17 "ZONING" OF THE TEMECULA MUNICIPAL CODE AND FINDING THE ORDINANCE IS EXEMPT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) CITY COUNCIL BUSINESS 14 Adopt a Resolution Approving Submittal of Application for Mobile Source Air Pollution Reduction Review Committee (MSRC) Funding Under the Local Partnership Program for Purchase of Light -Duty Zero Emission Vehicles and Electric Vehicle Charging Infrastructure - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. 5 RECOMMENDATION: 14.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SUBMITTAL OF APPLICATION FOR MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE (MSRC) FUNDING UNDER THE LOCAL PARTNERSHIP PROGRAM FOR PURCHASE OF LIGHT-DUTY ZERO EMISSION VEHICLES AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND FINDING THE ACTION EXEMPT FROM CEQA JOINT MEETING OF THE CITY COUNCIL AND PUBLIC/TRAFFIC SAFETY COMMISSION 15 Conduct Annual Joint Meeting Between the City Council and the Public/Traffic Safety Commission — Receive and file. RECOMMENDATION: 15.1 That the City Council conduct the annual joint meeting between the City Council and the Public/Traffic Safety Commission. ADJOURNMENT OF JOINT MEETING RECONVENE CITY COUNCIL MEETING DEPARTMENTAL REPORTS 16 Community Development Department Monthly Report 17 Fire Department Monthly Report 18 Police Department Monthly Report 19 Public Works Department Monthly Report PUBLIC SAFETY REPORT COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT 6 ADJOURNMENT At 9:07 PM, the City Council meeting was formally adjourned to Tuesday, March 13, 2018, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Adjourned in Memory of Ruth Chesher *** Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] 7 Item No. 3 Approvals City Attorney Director of Finance City Manager „44(4, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: March 13, 2018 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Fiscal Services Manager Pam Espinoza, Accounting Technician I RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: 1. Resolution 2. List of Demands RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $5,369,373.71. 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 March, 2018. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 18- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of March, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 02/15/2018 TOTAL CHECK RUN: $ 3,782,164.08 02/22/2018 TOTAL CHECK RUN: 1,132,221.19 02/22/2018 TOTAL PAYROLL RUN: 454,988.44 TOTAL LIST OF DEMANDS FOR 03/13/2018 COUNCIL MEETING: $ 5,369,373.71 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND 125 PEG PUBLIC EDUCATION & GOVERNMENT 140 COMMUNITY DEV BLOCK GRANT 165 AFFORDABLE HOUSING 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B STREET LIGHTS 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECTS FUND 300 INSURANCE FUND 305 WORKERS' COMPENSATION 320 INFORMATION TECHNOLOGY 330 CENTRAL SERVICES 340 FACILITIES 380 SARDADEBT SERVICE FUND 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 478 CFD 16-01 RORIPAUGH PHASE II 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT $ 2,854,216.08 731.44 6,003.83 5,548.42 110,972.82 73,570.53 727.83 8,911.43 49,962.12 1,582,555.30 55,308.07 1,204.24 129,531.00 1,290.25 14,042.21 761.50 6.17 6.17 6.17 6.17 6.17 6.17 30.79 4.80 14.50 363.74 1.76 18.70 1.65 3.09 7,645.83 498.97 577.74 0.90 514.41 614.02 2.56 2.31 9.91 0.25 36.55 199.54 2,191.79 1,921.40 1.24 66.83 2,161.07 16.22 0.40 2.36 2,082.69 25.16 $ 4,914,385.27 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 283,224.71 140 COMMUNITY DEV BLOCK GRANT 428.23 165 AFFORDABLE HOUSING 3,118.27 190 TEMECULA COMMUNITY SERVICES DISTRICT 113,965.49 192 TCSD SERVICE LEVEL B STREET LIGHTS 504.89 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 2,429.97 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 394.94 197 TEMECULA LIBRARY FUND 1,879.09 300 INSURANCE FUND 974.05 305 WORKERS' COMPENSATION 1,944.81 320 INFORMATION TECHNOLOGY 30,827.72 330 CENTRAL SERVICES 4,495.66 340 FACILITIES 8,459.63 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 43.51 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 43.51 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 43.51 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 43.51 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 43.51 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 43.51 478 CFD 16-01 RORIPAUGH PHASE II 217.63 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 28.30 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 48.73 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 39.36 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 6.01 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 68.20 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 10.06 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 12.01 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 233.91 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.13 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.06 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 3.60 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 132.63 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 28.31 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 10.11 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 8.36 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 33.20 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1.11 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 123.11 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 65.68 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 184.32 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 301.80 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 4.47 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 7.91 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 169.83 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 54.58 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 1.52 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 7.91 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 262.06 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.01 454,988.44 TOTAL BY FUND: $ 5,369,373.71 apChkLst Final Check List 02/15/2018 10:18:23AM CITY OF TEMECULA Page: 1 Bank : union UNION BANK Check # Date Vendor 3678 02/09/2018 006887 UNION BANK OF CALIFORNIA Description Amount Paid Check Total 006952 PAYPAL JH VERISIGN PAYFLOW PRO TRANSACTION 3679 02/09/2018 006887 UNION BANK OF CALIFORNIA 008956 PANERA BREAD AA RFRSHMNTS: CITY ATTY MTG 01/09/18 3681 02/09/2018 006887 UNION BANK OF CALIFORNIA 92.70 92.70 103.13 103.13 010724 TOWN & COUNTRY RESORT LM LODGING: CNCA LAW 483.33 HOTEL ENFORCEMENT LM REVERSAL OF LATE FEES -10.00 LM REVERSAL OF FINANCE CHARGES -2.74 LM INTEREST CHARGES TO BE REVERS 1.75 3682 02/09/2018 006887 UNION BANK OF CALIFORNIA 006952 PAYPAL KH VERISIGN PAYFLOW PRO 243.80 TRANSACTION 020458 TRADEWINDS ISLAND GRAND KH LODGING: AQUATICS CONF: 279.11 RESORT VVILCOX, G. 020458 TRADEWINDS ISLAND GRAND KH LODGING: AQUATICS CONF: 279.11 RESORT WILCOX, G. 020249 LAUND3R COM LLC KH LAUNDERED: TABLE CLOTHS - 190.00 CONF CTR 020459 SHUTTERSTOCK INC. KH DIGITAL DOWNLOAD OF PHOTOS 29.00 017201 STATEFOODSAFETY.COM KH FOOD HANDLER VOUCHERS: YAC 405.00 STUDENTS 019825 GETTY IMAGES KH IMAGES FOR PROMOTIONAL 149.00 FLYERS 472.34 007987 WALMART KH THEATER HOSPITALITY & MISC -16.92 1,558.10 SUPPLIES 3685 02/09/2018 006887 UNION BANK OF CALIFORNIA 003198 HOME DEPOT, THE CD FURNISHINGS & EQUIPMNT: FIRE 626.23 STA. 95 016412 BED BATH & BEYOND, INC. CD KITCHEN & BEDROOM SUPPLIES 317.79 020460 1000BULBS.COM CD LIGHT BULB COVERS FOR 71.95 EMERGENCY 003198 HOME DEPOT, THE CD FURNISHING & EQUIP: FIRE STA. 616.88 95 003198 HOME DEPOT, THE CD SMALL TOOL PURCHASE: FIRE 192.98 STA. 95 003198 HOME DEPOT, THE CD BEDROOM FURNISHINGS: FIRE 96.34 STA. 95 1,922.17 Pagel apChkLst Final Check List 02/15/2018 10:18:23AM CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor 3687 02/09/2018 006887 UNION BANK OF CALIFORNIA Description Amount Paid Check Total 013338 APPLE STORE MH APPLECARE:NEW CITY ISSUED 2,759.00 PHONES 013851 STORM SOURCE, LLC MH APPOINTMENT PLUS:IT 20.00 2,779.00 187487 02/15/2018 015217 AIRGAS, INC. GAS FOR DRY ICE 7.20 EXPERIMENTS:PPW GAS FOR DRY ICE EXPERIMENTS:PPW 17.36 GAS FOR DRY ICE EXPERIMENTS:PPW 35.51 60.07 187488 02/15/2018 003951 ALL AMERICAN ASPHALT ASPHALT PRODUCTS: CITYWIDE 387.80 387.80 187489 02/15/2018 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING & MAINT: THEATER 215.00 215.00 187490 02/15/2018 004240 AMERICAN FORENSIC NURSES PHLEBOTOMY SRVCS:TEMECULA 345.00 345.00 (AFN) POLICE 187491 02/15/2018 003520 AMERICAN SOCIETY OF broadcast music license 562.00 562.00 COMPOSERS 187492 02/15/2018 020470 AUTMAN, SJANA REFUND:SEC DEP:RM RENTAL:TCC 150.00 150.00 187493 02/15/2018 011954 BAKER & TAYLOR INC BOOK COLLECTIONS:LIBRARY 5.20 5.20 187494 02/15/2018 015592 BAMM PROMOTIONAL AWARDS:SPORTS 5,766.78 5,766.78 PRODUCTS, INC 187495 02/15/2018 018101 BARN STAGE COMPANY INC, STTLMNT: CABARET AT THE MERC: 714.00 714.00 THE 02/11/18 187496 02/15/2018 013482 BAS SECURITY SECURITY SERVICES:TCSD 1,935.00 1,935.00 FACILITIES 187497 02/15/2018 002377 BEST BUY COMPANY INC EE COMPUTER LOAN: MENZIMER, 1,066.29 1,066.29 KRISTAL 187498 02/15/2018 005665 BLACK'S TOWING towing services: tem police 247.00 247.00 187499 02/15/2018 018408 BOB CALLAHAN'S POOL pools & fountains maint:var facilities 925.00 SERVICE JAN POOL SVC MAINT: CRC 1,050.00 1,975.00 187500 02/15/2018 010469 BOZONELOS, ROBERT MUSICAL PERF: TVM 200.00 200.00 187501 02/15/2018 017115 BUREAU OF OFFICE TRANSCRIPTION SRVCS:TEMECULA SERVICES, INC POLICE 37.79 37.79 Paget apChkLst Final Check List 02/15/2018 10:18:23AM CITY OF TEMECULA Page: 3 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 187502 02/15/2018 001054 CALIF BUILDING OFFICIALS BLDG OFFICIALS LEADERSHIP ACADEMY: CLEME 187503 02/15/2018 007488 CALIPER CORPORATION SUPPORT TRANSCAD STANDARD ONE YEAR 187504 02/15/2018 011395 CARE RITE VOCATIONAL SVC REFUND:SEC DEP:RM RENTAL:CRC INC 187505 02/15/2018 004462 CDW, LLC MISC SMALL TOOLS & EQUIP:INFO TECH 187506 02/15/2018 009640 CERTIFION CORPORATION FEB ONLINE DATABASE SBSCPTN: POLICE 187507 02/15/2018 018719 CM SCHOOL SUPPLY INC SUPPLIES:PPW 187508 02/15/2018 017429 COBRA ADVANTAGE INC., JAN FSA& COBRAADMINSTRATION: DBA:THE ADVANTAGE GROUP HR 187509 02/15/2018 020468 COMER, JUDY REFUND:CREDIT ON ACCT:TCSD 32.50 32.50 187510 02/15/2018 004412 COMPLETE TENNIS CAMP, THE TCSD INSTRUCTOR EARNINGS 338.10 2,500.00 2,500.00 1,305.00 1,305.00 200.00 200.00 134.22 134.22 152.99 152.99 27.99 27.99 883.50 883.50 TCSD INSTRUCTOR EARNINGS 187511 02/15/2018 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES - CIVIC CTR DIST. 187512 02/15/2018 012353 CONSTRUCTION TESTING INSPECTION SVCS MARGARITA RD: PW12-11 187513 02/15/2018 011922 CORELOGIC, INC. JAN PROPERTY IDENTIFICATION SFTWR: CODE 187514 02/15/2018 014521 COSTAR GROUP FEB 18 WEB SUBSCRIPTION:ECO DEV INFORMATION, INC 187515 02/15/2018 001264 COSTCO TEMECULA #491 MEMBERSHIP RENEWAL: CITY 187516 02/15/2018 004329 COSTCO TEMECULA #491 THEATER HOSPITALITY & OFC SUPPLIES 1,001.00 1,339.10 151.71 151.71 1,288.00 1,288.00 251.50 251.50 453.19 453.19 180.00 180.00 201.38 201.38 Page:3 apChkLst Final Check List 02/15/2018 10:18:23AM CITY OF TEMECULA Page: 4 Bank : union UNION BANK Check # Date Vendor 187517 02/15/2018 010650 CRAFTSMEN PLUMBING & HVAC INC (Continued) Description Amount Paid Check Total PLUMBING SRVCS:VAR PARKS 253.31 ELECTRICAL REPAIRS: BIRDSALL PARK PLUMBING REPAIRS: STA 84 PLUMBING SVCS: STA 95 ELECTRICAL REPAIRS: VARIOUS LOCAT 187518 02/15/2018 018491 CRONBERG PHOTOGRAPHY TCSD INSTRUCTOR EARNINGS 836.00 816.47 280.00 1,210.00 3,395.78 168.00 168.00 187519 02/15/2018 000209 CROP PRODUCTION SERVICES REPAIR AND MAINTENANCE: STA 73 80.16 REPAIR AND MAINTENANCE: STA 73 94.58 174.74 187520 02/15/2018 008810 CROSSTOWN ELECTRICAL & ELECTRICAL SERVICES:INFO TECH 8,700.00 8,700.00 DATA 187521 02/15/2018 019325 CROWELL, PAULA MERLAN SATELLITE SVC FIRE STA.95 150.00 150.00 187522 02/15/2018 020105 CUMBERBATCH, JAMAL TCSD INSTRUCTOR EARNINGS 315.00 315.00 187523 02/15/2018 003561 D F M ASSOCIATES 2018 CA ELECTIONS CODE:CITY 54.38 54.38 CLERK 187524 02/15/2018 003272 DAISY WHEEL RIBBON CO.,INC MISC TONER & INK FOR 3,335.43 3,335.43 DBA PRINTERS:CIVIC 187525 02/15/2018 001393 DATA TICKET, INC. DEC 17 PARKING CITATION 200.00 200.00 PROCESSING:POLIC 187526 02/15/2018 002990 DAVID TURCH & ASSOCIATES JAN FEDERAL LOBBYING SVCS 3,500.00 3,500.00 187527 02/15/2018 019720 DIVERSIFIED WATERSCAPES , JAN WATER QUALITY MAINT:DUCK INC. POND:HARV 187528 02/15/2018 004192 DOWNS ENERGY FUEL & LUBRICANTS FUEL FOR CITY VEHICLES: TRAFFIC DIV FUEL FOR CITY VEHICLES: PUBLIC WOF FUEL FOR CITY VEHICLES: PUBLIC WOF FUEL FOR CITY VEHICLES: BLDG INSPEI FUEL FOR CITY VEHICLES: PLAN & BLD( FUEL FOR CITY VEHICLES: POLICE DEP' FUEL FOR CITY VEHICLES: LAND DEV FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES. PUBLIC WOF 187529 02/15/2018 002390 EASTERN MUNICIPAL WATER JAN WATER METER:32131 S LOOP RD DIST LDSC JAN WATER METER:32131 S LOOP RD D( 6,766.00 6,766.00 261.11 426.79 1,026.70 366.88 228.77 93.98 138.06 442.94 1,286.93 110.88 4,272.16 48.30 159.18 Page:4 apChkLst Final Check List 02/15/2018 10:18:23AM CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 187530 02/15/2018 016839 EHS INTERNATIONAL, INC. WC SAFETY CONSULTANT: RISK 1,000.00 1,000.00 MGMT 187531 02/15/2018 012747 EMERGENCY LIGHTING SEMI-ANNUAL PREV. MAINT: THEATRE 1,250.00 1,250.00 EQUIPMENT 187532 02/15/2018 020476 ESPINOZA LOMELI INC REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 187533 02/15/2018 012633 FAITH AUTO GLASS & TINTING WINDOW REPLACEMENT: PW 560.00 560.00 BACKHOE 187534 02/15/2018 019469 FALCON ENGINEERING JAN CONSTRUCTION MGMNT SVCS: 143,347.77 SERVICES PW04-08 JAN CONSTRUCTION MGMT SVC: PW10- 23,275.00 166,622.77 187535 02/15/2018 009953 FEDERAL CLEANING FEB JANITORIAL SRVCS:POLICE MALL 922.50 922.50 CONTRACTORS OFC 187536 02/15/2018 000165 FEDERAL EXPRESS INC 01/29-01/30 EXP MAIL SVCS: CIP 95.09 95.09 187537 02/15/2018 016737 FORTRES GRAND SOFTWARE RENEWAL:LIBRARY 517.63 517.63 CORPORATION 187538 02/15/2018 018858 FRONTIER CALIFORNIA INC FEB INTERNET SVCS:EXT DMV INET 107.84 LINE FEB INTERNET SVCS:C. MUSEUM, GIFT 126.98 FEB INTERNET SVCS:SKATE PARK 41.94 FEB INTERNET SVCS:LIBRARY 7.42 FEB INTERNET SVCS:LIBRARY 7.42 FEB INTERNET SVCS:FIRE STN 95 437.78 729.38 187539 02/15/2018 016184 FUN EXPRESS, LLC SUPPLIES & MISC ITEMS:HUMAN 180.77 SVCS SUPPLIES:HIGH HOPES 238.01 418.78 187540 02/15/2018 001937 GALLS, LLC equip: police volunteers 19.56 19.56 187541 02/15/2018 000177 GLENNIES OFFICE PRODUCTS OFFICE SUPPLIES:INFO TECH 138.89 INC MISC. OFFICE SUPPLIES: STA 95 730.03 MISC OFFICE SUPPLIES: LAND DEV/NPC 51.80 MISC. OFFICE SUPPLIES: WORKFORCE 94.87 APPROVAL STAMPS: PREV 339.95 MISC. OFFICE SUPPLIES: CITY CLERK 119.16 MISC. OFFICE SUPPLIES: CITY CLERK 9.83 Misc. Office supplies: Code Enforcement 28.37 OFFICE SUPPLIES: PLANNING 24.72 Office Supplies: Planning 71.21 OFFICE SUPPLIES: PLANNING -94.58 1,514.25 Page:5 apChkLst Final Check List 02/15/2018 10:18:23AM CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor 187542 02/15/2018 000186 HANKS HARDWARE INC Description Amount Paid Check Total HARDWARE SUPPLIES - PREVENTION MAINTANENCE SUPPLIES: AQUATICS MAINTENANCE SUPPLIES: CRC MAINTENANCE SUPPLIES: MPSC MAINTENANCE SUPPLIES: IWTCM MAINT SUPPLIES: CRC MAINTENANCE SUPPLIES: IWTCM MAINTENANCE SUPPLIES:PW STREET C MISC SMALL TOOLS & EQUIP: PW TRAFF 187543 02/15/2018 020421 HCI 333 EAST OCEAN OWNER LODGING:FRICK,THORESON,BARNETT LP ,TURNER 187544 02/15/2018 013749 HELIXSTORM INC FIREWALL:COMMUNITY REC CENTER 187545 02/15/2018 020467 HERNANDEZ, MARISELA REFUND:CREDIT ON ACCT:TCSD 143.68 203.63 6.30 14.31 19.24 1.09 21.74 23.90 79.34 513.23 963.08 963.08 1,930.00 1,930.00 59.20 59.20 187546 02/15/2018 003198 HOME DEPOT, THE PROJECT CONSTRUCT PROGRAM: 1,795.92 WORKFORCE MAINTENANCE SUPPLIES: CIVIC CTR 368.27 MAINTENANCE SUPPLIES: CRC 17.38 MAINTENANCE SUPPLIES: CRC 8.57 MAINTENANCE SUPPLIES: CRC 66.51 2,256.65 187547 02/15/2018 016903 HORIZON DISTRIBUTORS, INC. CALSENSE UPGRADE:PATRICIA 18,393.43 18,393.43 BIRDSALL PK 187548 02/15/2018 001407 INTER VALLEY POOL SUPPLY POOL CHEMICAL SUPPLIES: VAR 444.09 INC POOLS POOL CHEMICAL SUPPLIES: VAR POOLS 430.98 875.07 187549 02/15/2018 004119 J T B SUPPLY COMPANY INC Traffic Signal LED Lights: pw traffic 13,550.25 13,550.25 187550 02/15/2018 006750 KB HOME COASTAL INC REFUND:ENG GRAD DEP:LD13-022GR 8,502.00 8,502.00 187551 02/15/2018 015358 KELLY PAPER COMPANY, INC. PAPER/BINDING/PCKG SUPP:CENTRAL 487.52 487.52 SERV 187552 02/15/2018 001091 KEYSER MARSTON Consultant Services for UTSP 760.00 ASSOCIATES INC NOV REAL ESTATE, HOUSING, ECO CON 3,218.16 3,978.16 187553 02/15/2018 001282 KNORR SYSTEMS INC TEMECULA ELEMENTARY SCHOOL: 1,483.07 PM SVC RECREATION CENTER: HEATER PM SVC 1,485.90 2,968.97 Pages apChkLst 02/15/2018 10:18:23AM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK Check # Date Vendor 187554 02/15/2018 017118 KRACH, BREE B. 187555 02/15/2018 000482 LEIGHTON CONSULTING INC 187556 02/15/2018 019722 LEKOS ELECTRIC, INC. 187557 02/15/2018 020478 MALU, MARY 187558 02/15/2018 020475 MARINUCCI, LAURA 187559 02/15/2018 014392 MC COLLOUGH, JILL DENISE 187560 02/15/2018 015955 METRO FIRE & SAFETY, INC. 187561 02/15/2018 013827 MIKO MOUNTAINLION, INC. 187562 02/15/2018 187563 02/15/2018 004043 MISSION ELECTRIC SUPPLY, INC 016445 MKB PRINTING & PROMOTIONAL INC, DBA MINUTEMAN PRESS 187564 02/15/2018 019019 MUSIC CONNECTION LLC 187565 02/15/2018 002925 NAPA AUTO PARTS 187566 02/15/2018 010334 OBMANN, REBECCA 187567 02/15/2018 020462 OCHOA, SEIDY 187568 02/15/2018 002105 OLD TOWN TIRE AND SERVICE (Continued) Description Amount Paid Check Total AWARDS/TROPHIES:SPECIAL EVENTS RECOGNITION AWARDS & TROPHIES:MF RECOGNITION AWARDS & TROPHIES:MF NAMEPLATES FOR POLICE & FIRE DEC GEOTECH SVC PAVEMNT REHAB: PW17-26 JAN INSTALL TRAFFIC SIGNAL: P W 15-11 TS REFUND:SEC DEP:RM RENTAL:CRC REFUND:SEC DEP:PICNIC RENTAL:HARVESTON FEB INTERIOR PLANTSCAPE - CIVIC CTR FEB INTERIOR PLANTSCAPE - LIBRARY fire system inspections:civ ctr:library FIRE EXTINGUISHER ANNUAL SVC: COT FIRE EXTINGUISHER SVC: COT FIRE EXTINGUISHER ANNUAL SVC: CRC GUARDRAIL REPAIR: DE PORTOLA RD ELECTRICAL SUPPLIES: VAR PARKS ELECTRICAL SUPPLIES: VAR PARKS PAPER SUPPLIES - PUBLIC WORKS PINK ENVELOPES; CERTIFICATES: BUS PRINTING/NOPH ENVELOPES: PLANNIN( TIX SALES:SPEAKEASY...MERC 2/10/18 AUTO PARTS & MISC SUPPLIES: TCC EE COMPUTER PURCHASE PROGRAM BALANCEADJ. FOR OVERPAYMENT #322517 CITY VEHICLE MAINT SRVCS:FIRE PREV 558.98 8.16 28.22 87.00 7,900.00 53,598.99 100.00 200.00 500.00 200.00 1,660.00 138.76 7.90 878.42 7,600.00 107.28 147.95 822.16 960.31 703.33 479.50 107.72 1,694.20 305.00 682.36 7,900.00 53, 598.99 100.00 200.00 700.00 2,685.08 7,600.00 255.23 2,485.80 479.50 107.72 1,694.20 305.00 161.62 161.62 Page:7 apChkLst Final Check List 02/15/2018 10:18:23AM CITY OF TEMECULA Page: 8 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 187569 02/15/2018 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SRVCS:POLICE 152.49 152.49 187570 02/15/2018 019851 ORTIZ ENTERPRISES, INC. PRGS PMT #8 ULT.INTRCHG, PW04-08 917,826.40 917,826.40 187571 02/15/2018 012904 PROACTIVE FIRE DESIGN JAN PLAN REVIEW SRVCS: 8,449.70 8,449.70 PREVENTION 187572 02/15/2018 005075 PRUDENTIAL OVERALL JAN UNIFORMS/FLR 568.28 568.28 SUPPLY MATS:PARKS/CIVIC CNTR 187573 02/15/2018 000947 RANCHO REPROGRAPHICS BLUEPRINTS & SUPPLIES: ED 52.74 52.74 WORKFORCE 187574 02/15/2018 000907 RANCHO TEMECULA CAR VEHICLE DETAILING SVCS:POLICE, 143.92 143.92 WASH B&S, PW 187575 02/15/2018 003591 RENES COMMERCIAL PRE AND POST EMERGENTS 17,975.00 17,975.00 MANAGEMENT SPRAYING 187576 02/15/2018 002412 RICHARDS WATSON AND DEC 2017 LEGAL SERVICES 139,118.96 139,118.96 GERSHON 187577 02/15/2018 017391 RISE INTERPRETING, INC. INTERPRETING SVCS - 12/12/17 1,140.00 1,140.00 187578 02/15/2018 000353 RIVERSIDE CO AUDITOR DEC '17 PRKG CITATION 3,183.00 3,183.00 ASSESSMENTS 187579 02/15/2018 014027 RIVERSIDE CO ECO DEV STAFFING:LIBRARY 41,860.00 41,860.00 AGENCY 187580 02/15/2018 000406 RIVERSIDE CO SHERIFFS 12/7/17-1/3/18 LAW ENFORCEMENT 2,111,348.59 2,111,348.59 DEPT 187581 02/15/2018 020469 SANTOS, CHERRY REFUND:RETURNED LOST 14.98 14.98 MATERIALS:LIBRARY 187582 02/15/2018 017699 SARNOWSKI, SHAWNA, M PHOTOGRAPHY:CULTURALARTS 900.00 900.00 PRESTON 187583 02/15/2018 018012 SAUNDERS, CATHY TCSD INSTRUCTOR EARNINGS 235.20 TCSD INSTRUCTOR EARNINGS 453.60 TCSD INSTRUCTOR EARNINGS 453.60 TCSD INSTRUCTOR EARNINGS 453.60 TCSD INSTRUCTOR EARNINGS 403.20 TCSD INSTRUCTOR EARNINGS 403.20 2,402.40 Page:8 apChkLst Final Check List 02/15/2018 10:18:23AM CITY OF TEMECULA Page: 9 Bank : union UNION BANK Check # Date Vendor (Continued) Description Amount Paid Check Total 187584 02/15/2018 020463 SCHLEINING, RUTH ANN BALANCEADJ. FOR OVER PAYMENT #322584 187585 02/15/2018 009213 SHERRY BERRY MUSIC JAZZ © THE MERC 2/8/18 187586 02/15/2018 000537 SO CALIF EDISON JAN 2-25-350-5119: 45602 REDHAWK PKWY JAN 2-36-531-7916:44205 MAIN ST PED JAN 2-35-421-1260:41955 4TH ST LS3 JAN 2-28-629-0507:30600 PAUBA RD JAN 2-35-403-6337:41375 MCCABE CT JAN 2-02-502-8077:43210 BUS PARK DR E JAN 2-29-458-7548:32000 RANCHO CAL JAN 2-29-657-2563:42902 BUTTERFIELD JAN 2-36-122-7820:31777 DEPORTOLA RI JAN 2-30-066-2889:30051 RANCHO VISTA JAN 2-31-936-3511:46488 PECHANGA PK\ JAN 2-27-560-0625:32380 DEERHOLLOW JAN 2-20-798-3248:42081 MAIN ST JAN 2-02-351-5281:30875 RANCHO VISTA JAN 2-10-331-2153:28816 PUJOL ST JAN 2-27-805-3194:42051 MAIN ST JAN 2-39-737-1063:42061 MAIN ST JAN 2-39-043-8521:29028 OT FRONT ST JAN 2-31-031-2590:28301 RANCHO CAL JAN 2-29-974-7899:26953 YNEZ RD LS3 JAN 2-05-791-8807:31587 TEM PKWY LS3 JAN 2-29-479-2981 31454 TEM PKWY 187587 02/15/2018 001212 SO CALIF GAS COMPANY JAN 091-085-1632-0:41951 MORAGA/POOL 187588 02/15/2018 005786 SPRINT NOV 26 - DEC 25 CELLULAR USAGE/EQUIP 187589 02/15/2018 003599 T Y LIN INTERNATIONAL 187590 02/15/2018 020477 TEMECULACROWNE HILL ASSOC 355.00 355.00 484.40 484.40 26.45 115.89 17.46 5,259.79 1,074.59 326.58 275.61 213.15 24.21 24.37 53.45 2,030.40 1,115.33 4,111.84 703.94 2,862.35 39.75 23.66 19.35 174.98 8,776.28 107.59 27,377.02 1,731.69 1,731.69 1,229.70 1,229.70 11/25/17-12/31/17 SRVCS:F.V.PKWY 108,200.60 108,200.60 1601 REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 187591 02/15/2018 014056 TEMECULA YOUTH BASEBALL, REFUND:SEC DEP:RM RENTAL:CONF GEN FUND CTR 187592 02/15/2018 016311 TIERCE, NICHOLAS GRAPHIC DESIGN SRVCS:THEATER 200.00 200.00 2,745.00 2,745.00 Page apChkLst Final Check List 02/15/2018 10:18:23AM CITY OF TEMECULA Page: 10 Bank : union UNION BANK Check # Date Vendor (Continued) Description Amount Paid Check Total 187593 02/15/2018 000668 TIMMY D PRODUCTIONS INC 2018 4TH OF JULY 187594 02/15/2018 018556 TRAUB, NORMAN A. WORKPLACE INVESTIGATIONS: HR 8,575.00 8,575.00 3,479.96 3,479.96 187595 02/15/2018 000278 TRONC INC OCT PUBLIC NTCS:CITY 1,878.59 CLERK/PLNG/CIP NOV PUBLIC NTCS:CITY CLERK/PLNG/CI 1,069.93 2,948.52 187596 02/15/2018 014337 TVCLL REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 187597 02/15/2018 020132 TVUSD REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 187598 02/15/2018 017579 U.S. HEALTHWORKS MEDICAL PRE-EMPLOYMENT SCREENINGS: HR 55.00 PRE-EMPLOYMENT SCREENINGS: HR 187599 02/15/2018 020461 VAUGHAN, CHRISTOPHER LEE BALANCE ADJ. OVER PMT 321392 & 322183 209.00 264.00 226.00 226.00 187600 02/15/2018 020399 VOICES FOR CHILDREN FY 17/18 CDBG RECIPIENT CASA 795.30 PRGM FY 17/18 CDBG RECIPIENT CASA PRGM 626.30 187601 02/15/2018 013286 WEST SAFETY SERVICES, INC. FEB ENTERPRISE 911 SVC: IT 300.00 187602 02/15/2018 020398 WHISTLER MUSIC TEMECULA PRESENTS PAGE TURNER 187603 02/15/2018 000341 WILLDAN ASSOCIATES INC 187604 02/15/2018 004567 WITCHER ELECTRIC 187605 02/15/2018 018871 WONDER SCIENCE 1001973 02/09/2018 020464 HARRIS, VERONICA 1001974 02/09/2018 020465 WALMSELY, STEPHEN 1001975 02/09/2018 020466 WHITWORTH, SUNITA 1,421.60 300.00 70.00 70.00 TRAFFIC ENGINEERING SRRVCS: 130.00 PW15-14 TRAFFIC ENGINEERING SRVCS: PW12-' 1,560.00 TRAFFIC ENGINEERING SVCS: PWTRAF 130.00 TRAFFIC ENGINEERING SRVCS: PW15-' 1,430.00 TRAFFIC ENGINEERING SRVCS: PW15-' 2,334.49 5,584.49 INSTALL NEW LIGHT POLES: RRSP 2,130.00 2,130.00 TCSD INSTRUCTOR EARNINGS 500.50 500.50 REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 REFUND:TEM ROD RUN 7000.485 35.00 35.00 REFUND:SEC DEP:RM RENTAL:CONF 200.00 200.00 CTR A/B Page:10 apChkLst Final Check List 02/15/2018 10:18:23AM CITY OF TEMECULA Page: 11 Grand total for UNION BANK: 3,782,164.08 Page:11 apChkLst 02/15/2018 10:18:23AM Final Check List CITY OF TEMECULA Page: 12 128 checks in this report. Grand Total All Checks. 3,782,164.08 Page:12 apChkLst 02/22/2018 11:29:57AM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK Check # Date Vendor 3647 01/09/2018 006887 UNION BANK OF CALIFORNIA 006942 ONTARIO AIRPORT 006952 PAYPAL 006952 PAYPAL 001264 COSTCO TEMECULA 491 000484 CALIF ASSN FOR LOCAL ECONOMIC 015354 FACEBOOK.COM 006937 SOUTHWEST AIRLINES 006937 SOUTHWEST AIRLINES 3683 02/09/2018 006887 UNION BANK OF CALIFORNIA 018583 WHICH WICH 020490 BALLOONZ AND TUNES 000484 CALIF ASSN FOR LOCAL ECONOMIC 018583 WHICH WICH 016798 CALIFORNIA BAPTIST UNIVERSITY 016838 PALOMAR COLLEGE 020024 THE BRIDGE ON THIRD 007282 AMAZON.COM, INC 006937 SOUTHWEST AIRLINES 006937 SOUTHWEST AIRLINES 006937 SOUTHWEST AIRLINES 015354 FACEBOOK.COM Description Amount Paid Check Total GB PARKING FEES GB RFSHMNTS: MAYORS YOUNG WOMEN MENTOR GB RFRSHMNTS: MAYORS YOUNG WOMEN MENTOR GB RFRSHMNTS: MEETINGS AND EVENTS GB CALED CONFERENCE: DAMKO, C. GB ADVERTISING FEE GB AIRFARE:CALPERS WRKSHP:ED WAR DS/BUTLER GB AIRFARE:CALPERS WRKSH P:ED WAR DS/BUTLER GB RFRSHMNTS: YOUTH INNOVATOR PROGRAM GB GRAND OPENING ITEMS FOR STATION 95 GB MEMBERSHIP: WALKER, CHARLES GB RFRSHMNTS: YOUTH INNOVATORS GB SPRING CAREER FAIR: WALKER/NIETO GB COLLEGE CAREER EXPO: WALKER/NIETO GB RFRSHMNTS: ASSOC ENGINEER INTERVIEW GB PHONE CASE FOR CITY PHONE GB AIRFARE: CALED BOARD MEETING: DAMKO GB AIRFARE:CALPERS WR KSH P: ED WAR DS/BUTLE R GB AIRFARE:CALPERS WRKSHP:EDWARDS/BUTLER GB CITY ADVERTISING 18.00 562.50 187.50 179.00 530.00 14.00 -15.00 -15.00 63.00 334.75 832.50 76.50 110.00 80.00 49.00 18.99 240.96 15.00 15.00 18.04 1,461.00 1,853.74 Page:1 apChkLst 02/22/2018 11:29:57A M Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor 3684 02/09/2018 006887 UNION BANK OF CALIFORNIA 000912 CITY CLERKS ASSN OF CALIF 006937 SOUTHWEST AIRLINES 006937 SOUTHWEST AIRLINES 000912 CITY CLERKS ASSN OF CALIF 000912 CITY CLERKS ASSN OF CALIF 006952 PAYPAL 005531 FRONT STREET BAR & GRILL 3688 02/21/2018 007282 AMAZON.COM, INC 3689 02/22/2018 010349 CALIF DEPT OF CHILD SUPPORT 3690 02/22/2018 000194 ICMA RETIREMENT -PLAN 303355 3691 02/22/2018 000444 INSTATAX (EDD) 3692 02/22/2018 000283 INSTATAX (IRS) 3693 02/22/2018 000389 NATIONWIDE RETIREMENT SOLUTION 3694 02/22/2018 001065 NATIONWIDE RETIREMENT SOLUTION Description Amount Paid Check Total RO ANNUAL CONFERENCE: 4/17-4/20 RO AIRFARE: JOHL ANNUAL CONF 4/17-4/20 RO AIRFARE: RAMIREZANNUALCONF RO MEMBERSHIP DUES: RAMIREZ, E. RO MEMBERSHIP DUES: JOHL, R. ROARMAJAN MTG REG FEES: FLORES, G. RO RFRSHMNTS: CITY CNCL CLOSED SESS SUPPLIES:SKATE PARK SUPPLIES:SKATE PARK BOOKS/COLLECTIONS:LIBRARY BOOKS/COLLECTIONS:LIBRARY BOOKS/COLLECTIONS:LIBRARY SUPPLIES:SKATE PARK SUPPLIES:SKATE PARK SUPPLIES:HUMAN SVCS SUPPLIES:HUMAN SERVICES BOOKS/COLLECTIONS:LIBRARY EVENT SUPPLIES:ART, CULTURE & ENTE SUPPLIES & EQUIPMENT: TCSD TV SUPPORT PAYMENT ICMA-RC RETIREMENT TRUST 457 PAYMENT STATE TAXES PAYMENT FEDERAL TAXES PAYMENT OBRA- PROJECT RETIREMENT PAYMENT NATIONWIDE RETIREMENT PAYMENT 3695 02/22/2018 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT SOLUTION PAYMENT 970.00 192.96 192.96 85.00 210.00 20.00 203.79 19.90 18.00 39.16 141.67 99.31 45.02 16.80 48.36 378.89 36.31 84.86 19.19 1,008.45 8,374.13 21, 883.94 73,057.51 2,720.04 9,554.54 1,874.71 947.47 1,008.45 8,374.13 21, 883.94 73,057.51 2,720.04 9,554.54 442.44 442.44 Page2 apChkLst Final Check List 02/22/2018 11:29:57AM CITY OF TEMECULA Page: 3 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 3696 02/16/2018 000621 WESTERN RIVERSIDE JAN '18 TUMF PAYMENT COUNCIL OF 187606 02/20/2018 010918 MENZIMER, KRISTAL EE COMPUTER LOAN: MENZIMER, KRISTAL 187607 02/22/2018 016764 ABM BUILDING SERVICES, LLC Smoke Detector and HVAC Repair: Library 187608 02/22/2018 015217 AIRGAS, INC., DBA: AIRGAS USA, LLC GAS FOR DRY ICE EXPERIMENTS:PPW GAS FOR DRY ICE EXPERIMENTS:PPW 187609 02/22/2018 003951 ALL AMERICAN ASPHALT ASPHALT PRODUCTS: CITYWIDE 134, 909.27 134, 909.27 1,066.29 1,066.29 1,653.00 1,653.00 7.20 6.29 13.49 424.70 424.70 187610 02/22/2018 013015 ALWAYS RELIABLE BACKFLOW BACKFLOW TESTS & REPAIRS: VAR 702.00 PARKS BACKFLOW TESTS & REPAIRS: VAR PAR 215.00 187611 02/22/2018 020257 ANDERSEN, JAMES DANIEL LEADERSHIP CONFERENCE: 2/26 2,604.00 187612 02/22/2018 013950 AQUA CHILL OF SAN DIEGO FEB DRINKING WATER SYSTEM SVCS: CIVIC CT drinking water sys maint:var facilities FEB DRINKING WATER SYSTEM SVCS: P FEB DRINKING WATER SYSTEM SVCS: ti FEB DRINKING WATER SVCS: INFO TECI FEB WATER SRVCS: POLICE STOREFRO 187613 02/22/2018 011666 B P S TACTICAL INC TACTICAL BALLISTIC VEST COVERS:POLICE 183.71 28.28 28.28 34.75 28.28 28.28 917.00 2,604.00 331.58 500.25 500.25 187614 02/22/2018 011954 BAKER & TAYLOR INC BOOK COLLECTIONS:LIBRARY 7.20 BOOK COLLECTIONS:LIBRARY 232.89 187615 02/22/2018 015592 BAMM PROMOTIONAL UNIFORMS:AQUATICS 53.88 PRODUCTS, INC, ATTN: DAWN PAVLIK 240.09 AWARDS:SPORTS 336.18 390.06 187616 02/22/2018 020484 BARKER, SONIA REFUND:BALANCE ON ACCT:TCSD 96.00 96.00 187617 02/22/2018 013482 BAS SECURITY SECURITY SERVICES:TCSD 1,342.50 1,342.50 FACILITIES 187618 02/22/2018 012583 BLANCA Y PRICE 187619 02/22/2018 017145 BOARD, MARGO DEC LDSCP PLAN CHECK & 2,120.00 INSPECTION SVCS CONCEPTUAL DESIGN SVCS 500.00 REIMB:SUPPLIES:TEAM PACE 2/10 155.13 2,620.00 155.13 Page:3 apChkLst Final Check List 02/22/2018 11:29:57AM CITY OF TEMECULA Page: 4 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 187620 02/22/2018 011348 BONCOR WATER SYSTEMS FEB WATER TANK FILTER REPL: STA73 254.00 254.00 LLC 187621 02/22/2018 019606 CAPCA SPRING SUMMIT REGIST: PESTICIDE 160.00 160.00 187622 02/22/2018 004462 CDW, LLC, DBA:CDW 2nd monitor forAV edit workstation:PEG 731.44 731.44 GOVERNMENT, LLC 187623 02/22/2018 000137 CHEVRON AND TEXACO, JAN 18 CITY VEHICLES FUEL: POLICE 1,586.66 1,586.66 BUSINESS CARD SERVICES DEPT 187624 02/22/2018 020483 COLLETTI, DIANA REFUND:CREDIT ON ACCT:TCSD 208.00 208.00 RECWARE 187625 02/22/2018 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS 4.00 4.00 CHARITIES PAYMENT 187626 02/22/2018 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES - CIVIC CTR 169.92 169.92 DIST. 187627 02/22/2018 013379 COSSOU, CELINE 187628 02/22/2018 001264 COSTCO TEMECULA 491 187629 02/22/2018 004329 COSTCO TEMECULA #491 187630 02/22/2018 017542 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS 301.00 301.00 MISC SUPPLIES:FS84 & PREV 421.88 421.88 MISC 248.84 248.84 SUPPLIES/REFRESHMENTS:MPSC TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 470.40 336.00 392.00 168.00 196.00 1,562.40 187631 02/22/2018 014454 CRAMER, MATTHEW ANNUAL CNCA LAW ENFORCE TRNG 217.35 217.35 187632 02/22/2018 001233 DANS FEED & SEED INC SUPPLIES: PW STREET MAINT 74.89 74.89 187633 02/22/2018 001393 DATA TICKET INC PRKG CITATION PROCESSING:POLICE 1,181.32 1,181 32 187634 02/22/2018 012600 DAVID EVANS & ASSOCIATES DEC DSGN SVC:FALLEN 766.00 766.00 INC HEROES:PW17-07 Page:4 apChkLst 02/22/2018 11:29:57AM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor 187635 02/22/2018 004192 DOWNS ENERGY FUEL & LUBRICANTS 187636 02/22/2018 002390 EASTERN MUNICIPAL WATER DIST 187637 02/22/2018 004068 ECALDRE MANALILI-DE VILLA, AILEEN 187638 02/22/2018 013367 ELECTRO INDUSTRIAL SUPPLY 187639 02/22/2018 000164 ESGIL CORPORATION, ATTN: ACCOUNTING DEPT 187640 02/22/2018 001056 EXCEL LANDSCAPE, INC. 187641 02/22/2018 015330 FAIR HOUSING COUNCIL, OF RIVERSIDE COUNTY INC 187642 02/22/2018 017736 FEAST CALIFORNIA CAFE, LLC 187643 02/22/2018 000165 FEDERAL EXPRESS INC 187644 02/22/2018 019731 FERGUSON ENTERPRISES INC, BOA LOS ANGELES 740827 Description Amount Paid Check Total FUEL FOR CITY VEHICLES:BLDG INSPECTORS FUEL FOR CITY VEHICLES:PW FUEL FOR CITY VEHICLES:TCSD FUEL FOR CITY VEHICLES:TRAFFIC DIV FUEL FOR CITY VEHICLES:PW FUEL FOR CITY VEHICLES:CODE ENF JAN WATER METER:32131 S LOOP RD BLDG TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS MISC SMALL TOOLS & EQUIP: PW TRAFFIC NOV PLAN CHECK SVCS IRRIGATION REPAIRS:HARVESTON PARK LNDSCP IMPROVEMENTS: NICOLAS RD FERTILIZER: WINCHESTER MEDIAN IRRIGATION REPAIRS: SLOPE MARTINIQ Irrigation Repair: Slope Rancho Solana JAN CDBG SUB-RECIPIENT:FAIR HOUSING FOOD:ART OFF THE WALLS EVENT 3/9 02/02 EXP MAIL SVCS: FINANCE 2/5/18 EXP MAIL SVCS: POLICE DEPT PLUMBING SUPPLIES:VAR PARKS PLUMBING SUPPLIES:VAR PARKS 246.94 975.79 396.18 166.03 1,145.20 202.88 148.69 175.00 159.69 157.50 297.50 192.50 70.00 175.00 262.50 245.00 297.50 157.50 87.50 2,535.81 16,872.02 780.78 12,983.00 1,836.00 574.83 498.42 1,202.44 184.00 32.97 14.79 133.96 3,133.02 148.69 2,277.19 2,535.81 16,872.02 16,673.03 1,202.44 184.00 47.76 64.44 198.40 Page:5 apChkLst Final Check List 02/22/2018 11:29:57AM CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 187645 02/22/2018 019016 FLEETCREW, INC., Diesel Particulate Filter Services: PW 327.60 DBA:FLEETCREW DIESEL PARTICULATE FILTER SVCS: PW 327.60 655.20 187646 02/22/2018 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 260.00 260.00 187647 02/22/2018 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 65.23 65.23 187648 02/22/2018 018858 FRONTIER CALIFORNIA INC FEB INTERNET SVCS:CITY HALL 291.98 FEB INTERNET SVCS:TCC 146.98 FEB INTERNET SVCS:SR CTR, SKATE PA 205.42 644.38 187649 02/22/2018 000177 GLENNIES OFFICE PRODUCTS MISC. OFFICE SUPPLIES: CITY CLERK 24.65 24.65 INC 187650 02/22/2018 010028 GOFORTH & MARTI, DBA GM INSTALL LIBRARY FURNITURE: 62,184.06 62,184.06 BUSINESS INTERIORS PW17-09 187651 02/22/2018 014405 GORM INCORPORATED Janitorial Supplies: Various Locations 1,695.12 1,695.12 187652 02/22/2018 003792 GRAINGER SAFETY SUPPLIES: PW STREET 185.13 185.13 MAINT DIV 187653 02/22/2018 003342 HABITAT FOR HUMANITY, CDBG 2017-18 Critical Home Repair 3,174.96 3,174.96 INLAND VALLEY INC 187654 02/22/2018 000186 HANKS HARDWARE INC MAINTENANCE SUPPLIES: VAR PARKS 21.68 21.68 187655 02/22/2018 013749 HELIXSTORM INC VMWARE RENEWAL:IT 18,446.00 IT INFRASTRUCTURE SUPPORT:IT 1,181.25 19,627.25 187656 02/22/2018 019017 HEWLETT-PACKARD LEASE/PURCH OF TECH 75,151.94 75,151.94 FINANCIAL, SERVICES INFRASTRUCTURE:IT COMPANY 187657 02/22/2018 016564 IMPACT TELECOM JAN 800 SERVICES:CIVIC CENTER 57.19 57.19 187658 02/22/2018 012883 JACOB'S HOUSE INC FY 17/18 COMMUNITY SVC FUNDING 2,500.00 2,500.00 187659 02/22/2018 020486 JARVIS, MARIA REFUND:CREDIT ON ACCT:TCSD 520.00 520.00 RECWARE 187660 02/22/2018 006750 KB HOME COASTAL INC REFUND:ENG GRAD DEP:LD14-3158 33,500.00 33,500.00 187661 02/22/2018 020492 KING, JAMES ANNUAL CNCA LAW ENFORCE TRNG 188.84 188.84 Page apChkLst 02/22/2018 11:29: 57A M Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK (Continued) Check # Date Vendor 187662 02/22/2018 000210 LEAGUE OF CALIF CITIES 187663 02/22/2018 020481 LINDSEY, JEFF 187664 02/22/2018 020485 LOPEZ, BENNISA 187665 02/22/2018 003782 MAIN STREET SIGNS 187666 02/22/2018 013827 MIKO MOUNTAINLION INC 187667 02/22/2018 000973 MIRACLE RECREATION EQUIPMENT 187668 02/22/2018 004043 MISSION ELECTRIC SUPPLY INC 187669 02/22/2018 016445 MKB PRINTING & PROMOTIONAL INC, DBA MINUTEMAN PRESS 187670 02/22/2018 018099 NATIONAL SAFETY COMPLIANCE, INC 187671 02/22/2018 019341 NGO, JULIE 187672 02/22/2018 003964 OFFICE DEPOT BUSINESS SVS DIV 187673 02/22/2018 002105 OLD TOWN TIRE AND SERVICE 187674 02/22/2018 002105 OLD TOWN TIRE AND SERVICE 187675 02/22/2018 003663 PECHANGA BAND OF LUISENO Description Amount Paid Check Total RIV CO DIV GEN MBRSHP MTG:STEWART, J. REFUND.ENG GRAD DEP:LD15-3273 REFUND:CREDIT ON ACCT:TCSD SIGNS & SUPPLIES:RIGHT-OF-WAYS GRADING/EROSION REPAIRS:RRSP VAIL RANCH PLAYGROUND EQUIP: PW17-10 CREDIT MEMO: PROJ IS NOT COMPLETE ELECTRICAL SUPPLIES: VAR PARKS BUSINESS CARDS:TEMECULA POLICE DOT TESTING: HR SETTLMNT:ROTARY CLUB COMPETITION 2/9 MISC OFFICE SUPPLIES:FINANCE MISC OFFICE SUPPLIES:FINANCE MISC OFFICE SUPPLIES:FINANCE MISC OFFICE SUPPLIES:FINANCE VEHICLE REPAIR & MAINT:PW TRAFFIC MISC REPAIRS: PW STREET MAINT VEHICLE MAINT & REPAIR:TCSD VEHICLE MAINT & REPAIR:TCSD MONITORING SVCS: PW10-13 EXCAVATION MONITORING: PW04-08 187676 02/22/2018 000249 PETTY CASH MERCH SALES:2018 TEM ROD RUN 25.00 3,000.00 45.00 538.75 12,380.00 179,223.53 -35,844.71 128.71 626.91 455.85 90.00 114.26 13.47 3.61 3.61 1,969.94 331.73 52.99 65.52 427.56 7,869.12 25.00 3,000.00 45.00 538.75 12,380.00 143,378.82 128.71 626.91 455.85 90.00 134.95 2,301 67 118.51 8,296.68 1,500.00 1,500.00 Page:7 apChkLst Final Check List 02/2212018 11:29:57AM CITY OF TEMECULA Page: 8 Bank : union UNION BANK (Continued) Check # Date Vendor 187677 02/22/2018 010338 POOL AND ELECTRICAL PRODUCTS, INC Description Amount Paid Check Total CHEMICALS & SUPPLIES: VAR POOLS 439.17 CHEMICALS & SUPPLIES: VAR POOLS 230.90 CHEMICALS & SUPPLIES: VAR POOLS 187678 02/22/2018 014957 PRN PRODUCTIONS SETTLEMNT:COMEDY @ THE MERC 2/16 187679 02/22/2018 004457 R J NOBLE COMPANY PAVEMENT REHAB OF WINCHESTER RD:PW 103.48 773.55 22.60 22.60 64,885.00 64,885.00 187680 02/22/2018 000262 RANCHO CALIF WATER FEB VAR WATER METERS:PW CIP 464.30 DISTRICT FEB VAR WATER METERS:PW MAINT 323.55 JAN VAR WATER METERS:28640 PUJOL : 10.46 JAN VAR WATER METERS:PW MAINT 173.27 FEB VAR WATER METERS:PW CIP 58.87 FEB VAR WATER METERS:PW OLD TOW 624.63 FEB VAR WATER METERS:PWJRC 171.07 FEB VAR WATER METERS:FIRE STNS 677.48 FEB VAR WATER METERS:PW VAR SITE: 705.31 FEB VAR WATER METERS:PW FAC 3,864.44 FEB VAR WATER METERS:TCSD SVC LE' 15,457.48 22,530.86 187681 02/22/2018 000262 RANCHO CALIF WATER DEPOSIT:FLOATING WATER METER:ST 1,200.00 1,200.00 DISTRICT MAINT 187682 02/22/2018 000947 RANCHO REPROGRAPHICS REPROGRAPHIC SVCS:ECON DEV 285.69 285.69 187683 02/22/2018 004822 RIVERSIDE TRANSIT AGENCY JAN '18 HARVESTON SHUTTLE:ECON 1,660.00 1,660.00 DEV 187684 02/22/2018 004274 SAFE AND SECURE LOCKSMITH SVCS:PARKS 20.00 LOCKSMITH SRVC LOCKSMITH SVCS:SENIOR CENTER 25.00 45.00 187685 02/22/2018 009980 SANBORN, GWYNETH A PERF:COUNTRY LIVE! @ THE MERC 685.50 685.50 2/17 187686 02/22/2018 008529 SHERIFF'S CIVIL DIV WAGE GARNISHMENT PAYMENT 50.00 50.00 CENTRAL 187687 02/22/2018 009213 SHERRY BERRY MUSIC PERF: JAZZ @ THE MERC 2/15 561.00 561.00 187688 02/22/2018 000645 SMART AND FINAL INC SUPPLIES & MISC ITEMS:MPSC 135.76 135.76 Page:8 apChkLst Final Check List 02/22/2018 11:29:57AM CITY OF TEMECULA Page: 9 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 187689 02/22/2018 000537 SO CALIF EDISON JAN 2-28-171-2620:40820 WINCHESTER 350.04 RD JAN 2-36-171-5626:BUTTERFIELD/LASEF 23,307.84 JAN 2-01-202-7330:VARIOUS LS -1-E UTIL 73,409.82 JAN 2-33-237-4818:30499 RANCHO CAL 95.53 JAN 2-31-419-2659:26706 YNEZ RD TC1 136.77 JAN 2-29-974-7568:26953 YNEZ RD TC1 105.27 FEB 2-31-693-9784:26036 YNEZ RD TC1 339.34 JAN 2-29-223-9571:30395 MURR HOT SPF 48.42 JAN 2-26-887-0789:40233 VILLAGE RD 1,382.61 JAN 2-00-397-5059:33340 CAMINO PIEDR 6,347.81 JAN 2-30-608-9384:28582 HARVESTON D 344.99 105,868.44 187690 02/22/2018 001212 SO CALIF GAS COMPANY JAN 055-475-6169-5:32380 153.25 DEERHOLLOW WAY JAN 015-575-0195-2:32211 WOLF VLY RD 265.29 418.54 187691 02/22/2018 014783 SOFTRESOURCES, LLC ASSET MGMT CONSULTING SVCS:IT 13,526.24 13,526.24 187692 02/22/2018 002503 SOUTH COAST AIR QUALITY RULE 461 LIQUID FUEL 111.83 DISPENSING:FIRE STN FY17-18 FLAT FEE LAST YR EMISSIONS:I 127.46 239.29 187693 02/22/2018 000519 SOUTH COUNTY PEST PEST CONTROL SVCS: STA 95 80.00 80.00 CONTROL INC 187694 02/22/2018 012652 SOUTHERN CALIFORNIA FEB GEN USAGE:0141,0839,2593,9306 567.33 567.33 187695 02/22/2018 020482 SOWERS, JEFFREY REFUND FEES:W/DAPPL.:PA17-1645 743.40 743.40 187696 02/22/2018 019997 SPURLOCK LANDSCAPE CONSULTING SVCS:UPTOWN 1,500.00 1,500.00 ARCHITECTS TEMECULA PROJ 187697 02/22/2018 019250 ST. FRANCIS ELECTRIC, LLC TRAFFIC SIGNAL MAINT SVCS: PW 1,772.21 1,772.21 187698 02/22/2018 008337 STAPLES BUSINESS MISC OFFICE SUPPLIES:FINANCE 46.49 46.49 ADVANTAGE 187699 02/22/2018 002015 STAR WAY SYSTEMS ELECTRICAL REPAIRS:CRC 532.10 532.10 CORPORATION AMPHITHEATER 187700 02/22/2018 002366 STEAM SUPERIOR CARPET CARPET CLEANING SVCS:STA 84 815.00 815.00 CLEANING 187701 02/22/2018 010924 T & D COMMUNICATIONS INC CABLING SVCS:PARKING STRUCTURE 2,962.97 2,962.97 Page apChkLst Final Check List 02/22/2018 11:29:57AM CITY OF TEMECULA Page: 10 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 187702 02/22/2018 003677 TEMECULA MOTORSPORTS VEH REPAIR & MAINT:POLICE 67.87 67.87 LLC 187703 02/22/2018 010046 TEMECULAVALLEY DEC 17 BUS. IMPRV DISTRICTASMNTS 121,331.85 121,331.85 CONVENTION AND 187704 02/22/2018 005970 TEMECULA VALLEY PLAYERS STTLMNT: "NOISES OFF" 2/8-2/18/18 6,250.94 6,250.94 187705 02/22/2018 003941 TEMECULA WINNELSON PLUMBING SUPPLIES: VARIOUS 547.04 COMPANY PARKS PLUMBING SUPPLIES: VARIOUS PARKS 118.51 187706 02/22/2018 017415 THYSSENKRUPP ELEVATOR ELEVATOR CALL -OUT SERVICE:CRC 2,120.77 CORP 187707 02/22/2018 010276 TIME WARNER CABLE FEB HIGH SPEED INTERNET:32364 54.99 OVERLAND FEB HIGH SPEED INTERNET:29119 MARC 348.14 665.55 2,120.77 403.13 187708 02/22/2018 020487 TOWNSEND, BRIANA REFUND:RETURNED LOST 8.99 8.99 MATERIALS:LIBRARY 187709 02/22/2018 019793 URBANE CAFE FOOD:ART OFF THE WALLS EVENT 3/9 222.75 222.75 187710 02/22/2018 004794 VALLEY WINDS COMMUNITY PERFORMANCE:ACE 2/11 500.00 500.00 187711 02/22/2018 000319 VARSITY BRANDS HOLDING SPORTS FIELDS SUPPLIES:WINTER 1,048.83 1,048.83 CO INC, DBA BSN SPORTS 17/18 TOMARK SPO 187712 02/22/2018 009101 VISION ONE, INC. SHOWARE TICKETING SVCS:THEATER 187713 02/22/2018 007987 WALMART MISC SUPPLIES:TEEN EGG HUNT 187714 02/22/2018 003730 WEST COAST ARBORISTS INC TREE MAINT SVCS:CROWNE HILL SLOPES TREE MAINT SVCS:VINTAGE HILLS SLOF 187715 02/22/2018 008402 WESTERN RIVERSIDE CO REG, CONSERVATION AUTHORITY TREE MAINT SVCS:VILLAGES GROVE SI TREE MAINT SVCS:VAIL RANCH SLOPES TREE TRIMMING SVCS:HARVESTON JAN '18 MSHCP PAYMENT 187716 02/22/2018 000621 WESTERN RIVERSIDE FY17-18 WRCOG MEMBER DUES COUNCIL OF 2,508.60 2,508.60 32.63 32.63 2,136.00 475.00 7,570.00 375.00 1,482.00 12,038.00 30,465.00 30,465.00 13,424.45 13,424.45 Page:10 apChkLst Final Check List 02/22/2018 11:29:57AM CITY OF TEMECULA Page: 11 Bank : union UNION BANK (Continued) Check # Date Vendor 187717 02/22/2018 005118 W1LLCOX, GWEN 187718 02/22/2018 000341 W1LLDAN ASSOCIATES INC 1001976 02/15/2018 018506 BARCELON, MANUEL 1001977 02/15/2018 020117 DAVIS, TERI Description Amount Paid Check Total '18 ASSOC OF AQUATIC PROF 2/4-8 1,512.86 REIMB:CHAIR FOR MOTHER'S ROOM TRAFFIC ENGINEERING SVCS: PW TRAFFIC TRAFFIC ENGINEERING SVCS:PWTRAF 154.96 1,667.82 1,788.91 7,894.76 TRAFFIC ENGINEERING SVCS: PWTRAF 12,360.50 22,044.17 REFUND:SEC DEP:KITCHEN 200.00 200.00 RENTAL:CRC REFUND:CREDIT ON ACCT:TCSD 35.00 35.00 1001978 02/15/2018 020479 RUSHFORTH, JODI REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 Grand total for UNION BANK: 1,132,221 19 Page:11 apChkLst 02/22/2018 11:29:57AM Final Check List CITY OF TEMECULA Page: 12 128 checks in this report. Grand Total All Checks. 1,132,221.19 Page:12 Item No. 4 Approvals "1/'(r.. �-- City Attorney /'( / Director of Finance Jk- City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: March 13, 2018 SUBJECT: Adopt Ordinance 18-06 Amending Section 17.04.020 of the Temecula Municipal Code Regarding Temporary Use Permits and Adding a New Chapter 17.42 Collection Containers, Establishing Permitting, Operational Requirements and Procedures for Enforcement (Long Range Planning Application Number LR17-1180) (Second Reading) PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 18-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 17.04.020 "TEMPORARY USE PERMITS" AND ADDING A NEW CHAPTER 17.42 "COLLECTION CONTAINERS" TO TITLE 17 "ZONING" OF THE TEMECULA MUNICIPAL CODE AND FINDING THE ORDINANCE IS EXEMPT PURSUANT TO CEQA GUIDELINES SECTION 15061(6)(3) BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present. Ordinance No. 18-06 was first introduced at the regularly scheduled meeting of February 27, 2018. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO. 18-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 17.04.020 "TEMPORARY USE PERMITS" AND ADDING A NEW CHAPTER 17.42 "COLLECTION CONTAINERS" TO TITLE 17 "ZONING" OF THE TEMECULA MUNICIPAL CODE AND FINDING THE ORDINANCE IS EXEMPT PURSUANT TO CEQA GUIDELINES SECTION 15061(6)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Code Amendment. Subsection (B)(2) of Section 17.04.020 "Temporary use permits." of Chapter 17.04 "Permits" of Title 17 "Zoning" is hereby amended to add a new subsection (h) as follows with all other provisions of Section 17.04.020 remaining the same: "h. Collection Containers that meet the requirements set forth in Chapter 17.42 of the Municipal Code." Section 2. Code Amendment. Chapter 17.42, "Collection Containers" is hereby added to Title 17 "Zoning" of the Temecula Municipal Code to read as follows: "Chapter 17.42 Collection Containers Sections: 17.42.010 Definitions. 17.42.020 Collection Containers Prohibited. 17.42.030 Exceptions. 17.42.040 Permit and Fees. 17.42.050 Inspection. 17.42.060 Collection Container Development Standards. 17.42.070 Collection Container Operational Requirements. 17.42.080 Enforcement and Violations. 17.42.090 Joint and Several Liability. 17.42.100 Amortization Period and Removal. 17.42.010 Definitions. As used in this Chapter, the following terms, words and phrases have the meanings as defined in this section, unless another meaning is clearly apparent from the context: "Attended Collection Container" shall mean a Collection Container that is fully staffed by a person, organization, or collection center during the period of time that personal property is being collected. "Collection Container" shall mean any metal, plastic, cardboard or wooden box, bin, container, accessory structure or similar container used for soliciting and collecting donations of salvageable personal property, provided by a person, organization, or collection center for the primary purpose of receiving or storing collected items, including household goods, clothing and other salvageable personal items for distribution or resale by the operator. A Collection Container shall not be considered a fixture or improvement to the lot. "Operate" shall mean to place, operate, maintain, own or otherwise control a Collection Container. "Operator" shall mean any person who operates a Collection Container in the City. "Property Owner" shall mean the owner of the parcel where the Collection Container is operated. 17.42.020 Collection Containers Prohibited. A. No person shall operate or maintain a Collection Container upon any unimproved lot, public right-of-way, public park, or open space area, or within any residential zone in the City. B. No person shall operate a Collection Container on property they own, lease, manage or control in violation of this Chapter. A Property Owner shall not allow another person to operate a Collection Container on their property in violation of this Chapter. 17.42.030 Exceptions. A. This Chapter shall not apply to a Collection Container that is used exclusively for the collection of recyclable materials by an authorized solid waste collector pursuant to Chapter 8.20, Waste Management, of this Code and the franchise agreement between the City and its authorized solid waste collector, or any state certified Beverage Container Recycling Center. B. This Chapter shall not apply to Attended Collection Containers. C. Collection Containers are only permitted within the Highway Tourist (HT), Neighborhood Commercial (NC), Community Commercial (CC), Service Commercial (SC), Professional Office (PO), Business Park (BP), Light Industrial (LI) Zoning Districts, and on commercially zoned parcels within an adopted specific plan or planned development overlay zone. 17.42.040 Permits and Fees. A. No Collection Container shall be placed, used or maintained until a Property Owner obtains a Temporary Use Permit from the City pursuant to the process set forth in Section 17.04.020. B. A Temporary Use Permit for a Collection Container shall expire one year from the date of issuance. C. A Temporary Use Permit for a Collection Container shall be renewed on an annual basis based on the anniversary of the original Temporary Use Permit date of issuance. The renewal application shall be submitted no later than 30 days prior to the expiration of the Temporary Use Permit. 17.42.050 Inspection. A. The Community Development Director, or his or her designee, shall inspect and approve any Collection Container that is maintained in the City. The Property Owner and/or Operator shall contact the Community Development Department to schedule an inspection of the Collection Container within three (3) business days of the Collection Container being placed on private property pursuant to a Temporary Use Permit. B. If the Collection Container is not approved by the Community Development Director, or his or her designee, because it does not meet the requirements set forth in this Chapter, it shall be promptly removed by the Property Owner and/or Operator. 17.42.060 Collection Container Development Standards. No Temporary Use Permit for a Collection Container shall be approved unless the following standards are satisfied: A. Collection Containers shall be located within twenty (20) linear feet of the main entrance, and shall not project more than four feet from the building. B. The dimensions of a Collection Container shall not exceed 82 inches high, 56 inches wide and 49 inches deep. C. No more than one (1) Collection Container shall be placed on the same legal lot. D. Collection Containers shall not be located within any public right of way, emergency vehicle route, internal drive aisle, parking lot, or pedestrian pathway. E. No Collection Container shall be placed in a manner that: causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of pedestrian or vehicle traffic; or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance. F. Collection Containers shall not be located on unimproved lots. G. Collection Containers shall not be constructed of wood, cardboard, plastic, or any non-metal material. 17.42.070 Collection Container Operational Requirements. In addition to the development standards in Section 17.42.060, the Property Owner and Operator shall ensure Collection Containers comply with the following requirements: A. Collection Containers shall be kept free of structural damage, holes, visible rust, graffiti, and stickers and shall not be defaced. B. Collection Containers shall be kept locked or otherwise secured at all times so that the contents cannot be accessed by anyone other than those responsible for retrieving the contents deposited in the Collection Container. C. Collection Containers shall be serviced and emptied at a minimum of every seven (7) calendar days, or more frequently on an as needed basis, to ensure the Collection Container and surrounding area is kept free of materials, debris and donated items. D. Donated items must fit entirely within the closed Collection Container. E. Donated items shall consist of textiles, shoes, books and other salvageable personal items only. F. Donated items shall not include items such as, but not limited to, hazardous materials, universal waste, mattresses, vehicles, food items or appliances. G. In accordance with California Welfare and Institutions Code Section 151, the front of every Collection Container shall conspicuously display all of the following: 1. The name, address, telephone number, and if available, the Internet web address of the Collection Container operator. 2. A statement, in at least two-inch typeface, that either reads, "this Collection Container is owned and operated by a for-profit organization" or "this Collection Container is owned and operated by a non-profit organization." 3. If the Collection Container operator is a non-profit organization, the front of the Collection Container shall also conspicuously display a statement describing the non-profit cause that will benefit from the donations. 4. If the Collection Container operator is a for-profit entity, the front of the Collection Container shall also conspicuously display a statement that reads "this donation is not tax deductible." 5. Collection Containers and operators shall comply with all other applicable federal, state and local laws and regulations. 17.42.080 Enforcement and Violations. In accordance with Welfare and Institutions Code Section 152, a Collection Container in violation of this Chapter may be declared a public nuisance and the City may remove and dispose of the Collection Container following the procedures set forth in Chapter 8.12. 17.42.090 Joint and Several Liability. The Property Owner and Operator shall be jointly and severally liable for violations of this Chapter. 17.42.100 Amortization Period and Removal. Section 17.03.070, pertaining to legal non -conforming uses, of this Code, shall not apply to Collection Containers. Instead, all Operators of Collection Containers existing on the effective date of this Chapter shall have ninety (90) days to remove any existing Collection Containers. If an illegal Collection Container is located within the City limits ninety (90) days after the effective date of this Chapter, the City may remove and dispose of the Collection Container immediately. If a Collection Container is removed by the City, the Operator shall be charged the actual costs of such removal, plus any applicable administrative or other costs and fees authorized to be collected by the City pursuant to federal, state, or local laws, rules and regulations, including this Code. Such charges, costs and fees shall be considered a debt to the City, and payment shall be a prerequisite to the issuance of any permit or other approvals by the City to the extent authorized by federal, state or local laws, rules or regulations." Section 3. CEQA Finding. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this ordinance is exempt from the California Environmental Quality Act (CEQA) as there is no possibility the proposed Ordinance would have a significant impact on the environment pursuant to State CEQA Guideline Section 15061(b)(3). More specifically, the proposed ordinance would limit the location and appearance of a certain type of use in the City, and would not expand the allowed uses in the City. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. Section 4. Severance. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 5. Certification. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of March, 2018. ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss Matt Rahn, Mayor I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 18-06 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 27th day of February, 2018, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of March, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 5 Approvals City Attorney Director of Finance City Manager o CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Charlie DeHart, Division Chief DATE: March 13, 2018 SUBJECT: Approve a Sponsorship Agreement with Trauma Intervention Program of Southwest Riverside County, Inc. for Traumatic Incident Citizen Support PREPARED BY: Wendy Miller, Administrative Assistant RECOMMENDATION: That the City Council approve a Sponsorship Agreement with Trauma Intervention Program of Southwest Riverside County, Inc., in the amount of $10,000 for Traumatic Incident Citizen Support. BACKGROUND: The Trauma Intervention Program, better known as TIP is a national non-profit organization that provides counseling and assistance at incidents when Fire and Police call upon them. Services include assistance to family members at an unexplained death, assault, vehicle accident or any incident that the responding public safety officer deems necessary. This program provides a needed service that will provide support to our Temecula residents in a time of need. TIP volunteers undergo a screening process prior to becoming accepted into the program. Prerequisites include passing a Department of Justice background check and a clean driving record. TIP volunteers also must be able to commit to three 12 -hour shifts per month and cannot begin work until they attend a 55 -hour training program that includes a one-on-one interview with the board, orientation, intense emotional training and a policies and procedures course. A number of municipalities and organizations throughout Riverside County utilize the Trauma Intervention Program, including the City of Murrieta, Canyon Lake, Lake Elsinore, Menifee and Wildomar. TIP volunteers also provide support in the unincorporated areas of Riverside County. Police and Fire utilize TIP at incidents when life -altering events take place. Because both entities use TIP's services the Police and Fire Department will split the funding for this program by providing $5,000 each from their Fiscal Year 2017-18 operating budgets. FISCAL IMPACT: Total expenditure not to exceed $10,000. Adequate funds are available in the Fiscal Year 2017-2018 Police and Fire Department budgets. ATTACHMENTS: Sponsorship Agreement SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND TRAUMA INTERVENTION PROGRAM OF SOUTHWEST RIVERSIDE COUNTY, INC. THIS AGREEMENT is made and effective as of this 13th day of March, 2018, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Trauma Intervention Program of Southwest Riverside County, Inc. , 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 be available to respond to emergencies upon being contacted by the Fire Department, Police Department or City Authority. Availabilty shall be 24 hours a day, seven days a week. The Nonprofit will assist the citizens of Temecula at incidents deemed necessary by the City which may include, but not limited to: a natural or unexplained death; victims of violent crimes including rape, assault, robbery or burglary; victims displaced by fire; disoriented or lonely elderly persons; people involved in vehicle accidents; survivors of suicide and those that are distraught and seeking immediate support. 2. TERM This Agreement shall commence on July 1, 2017, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2018, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing support services in Fiscal Year 2017-2018 the City agrees to pay the the Nonprofit Ten Thousand Dollars and No Cents on or before March 31, 2018. 4. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement. 1 12/28/2017 5. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by February 13, 2018, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Nonprofit employs any employees. Nonprofit warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees.Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2 12/28/2017 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers 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. 6. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 7. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply 3 12/28/2017 with this section. 8. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 9. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: To Recipient: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Trauma Intervention Program of Southwest Riverside County, Inc. Attn: Magda Stewart PO Box 585 Murrieta, CA 92564 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 16. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement 4 12/28/2017 based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 17. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The 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. 5 12/28/2017 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Trauma Intervention of Southwest Riverside County, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Matt Rahn, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: Reginald Waldington, Chairman of the Board of Directors By: 2/l Magda Officer By: Peter M. Thorson, City Attorney NONPROFIT 6 Stewart, Chief Executive Trauma Intervention Program of Southwest Riverside County, Inc. Magda Stewart PO Box 585, Murrieta, CA 92564 951-698-2453 magdaoftipswrc@gmail.com PM Initial / Date: c)i-lr 12/28/2017 Item No. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: March 13, 2018 SUBJECT: Approve an Agreement for Consultant Services with Fehr & Peers, Inc., for the Old Town Parking Management Plan Update PREPARED BY: Lynn Kelly -Lehner, Principal Management Analyst RECOMMENDATION: That the City Council approve an Agreement for Consultant Services with Fehr & Peers, Inc., in the amount of $72,809, with a 10% contingency of $7,280, for a total agreement amount of $80,089, for the Old Town Parking Management Plan Update. BACKGROUND: Like many similar downtown areas, Old Town is perceived to have insufficient parking. In 2010, Fehr & Peers, Inc. completed a Parking Management Plan for Old Town that included near-term, mid-term, and long-term strategies to better use the existing parking and provide a mechanism to add parking as future growth occurs. The report built upon previous studies completed by Fehr & Peers including a study of parking supply and demand and support for the Old Town Temecula Visioning Project. Fehr & Peers will update the Parking Management Plan by taking a detailed look at existing parking policies, standards, supply and demand within the study area, as well as the effect that planned future development and recently approved and pending projects that may affect future demand. The study will identify custom strategies and standards for management of the study area parking supply. FISCAL IMPACT: There are sufficient funds in Capital Improvement Project line item account 210.165.694.5801 for the Parking Management Plan. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND FEHR & PEERS, INC. OLD TOWN PARKING MANAGEMENT PLAN THIS AGREEMENT is made and effective as of March 13, 2018, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Fehr & Peers, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on March 13, 2018, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2019, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ_generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed seventy two thousand eight hundred nine dollars ($72,809.00), plus 10% Contingency of seven thousand two hundred eighty dollars ($7,280.00) for a total Agreement amount of eighty thousand eighty-nine dollars ($80,089.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement 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. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. 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. 7. 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 2 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. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property to the extent arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. 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. broad as: 00 01 11 85 or 88. Minimum Scope of Insurance. Coverage shall be at least as 1) Insurance Services Office Commercial General Liability form No. CG 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. 3 b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 4 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. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. 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. 12. 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 5 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 be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 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. 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: To Consultant: 14. ASSIGNMENT City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Fehr & Peers, Inc. Attn: Nathan Schmidt 555 West Beech Street, Suite 302 San Diego, CA 92101 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. 15. 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. 16. 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 6 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. 17. 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. 18. 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. 19. 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 FEHR & PEERS, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Matt Rahn, Mayor ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT ara Brandenberg, Princi Sohrab Rashid, Principal Fehr & Peers Attn: Nathan Schmidt 555 West Beech Street Suite 302 San Diego, CA 92101 619-758-3013 n.schmidt@fehrandpeers.com 8 PM Initials: /"-IS Date: -b'y1y I1$ EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: All tasks to be performed are per the proposal provided by the Consultant attached hereto and incorporated herein as though set forth in full. 9 FEHR'rPEERS January 5, 2018 Dale West City of Temecula 14000 Main St. Temecula, CA 92590 Re: Proposal to Update the Old Town Parking Management Plan Dear Mr. West, Per your request, Fehr & Peers is pleased to submit this scope and budget proposal to update the Parking Management Plan (PMP) for Old Town Temecula. We are excited to be offered the opportunity to provide additional assistance to the City of Temecula, building on our prior work related to Old Town. The Old Town study area is encompassed by Moreno Road to the north, Murrieta Creek to the west, 1-15 to the east and First Street to the south. Fehr & Peers will take a detailed look at existing parking policies, standards, supply and demand within the study area, as well as the effect that planned future development and recently approved and pending projects for the area that may impact future demand. The study will identify custom strategies and standards for management of the study area parking supply, and providing flexibility for future users. It will also provide the City with an updated GIS -based parking inventory. To accomplish the aforementioned goals, provided below is a set of tasks developed by Fehr & Peers that will be required to update the Old Town Parking Management Plan. The proposed project schedule and budget is included in the following Scope of Services. SCOPE OF SERVICES TASK 1: INTERNAL TEAM COORDINATION Task 1.1 Project Kick -Off Meeting and Site Visit Fehr & Peers staff will attend the project kick-off meeting to discuss scope of work and schedule with City staff. Existing studies, data, and related material for the study area will also be collected. We will review our approach to the Future Conditions analysis, including identification of those projects that are currently approved or pending within Old Town to determine what the near-term impact to the parking supply and demand would be. We will also discuss our approach to determine the long-term parking supply and demand associated with the buildout of the Old Town area. A project milestone timeline will be developed following this meeting for comprehensive review of project schedule and deliverables. After the project 555 West Beech Street, Suite 302, San Diego, CA 92101 T: 619.234.3190 www.fehrandpeers.com Old Town Parking Management Plan Update January 5, 2018 Page 2 of 8 fi kick-off meeting, Fehr and Peers will conduct a site visit to document the existing inventory of available on - street and off-street parking spaces in the project study area. Task 1.2 Other Meetings and Coordination This scope includes budget for up to two conference calls with City staff. These calls will be used to provide progress updates, discuss findings, and prepare for upcoming tasks. We will provide meeting agendas and minutes for each of these calls. TASK 2: EXISTING PARKING ANALYSIS Task 2.1 Document Existing Parking Supply in the Study Area Fehr & Peers will review the updated inventory of available on -street and available off-street parking spaces obtained from the site visit in Task 1.1. The data will include location of parking facility, restrictions on public use, time restrictions, and cost. Off-street parking supply within residential properties will not be surveyed because it is not typically available for public parking. Fehr & Peers will create a GIS map of the existing parking inventory for City use. Task 2.2 Data Collection and Establish Existing Parking Demand A comprehensive parking survey will be conducted for available on -street and off-street parking spaces identified in the parking inventory. This survey will be conducted using the same methodology as used in 2010 Parking Management Plan which included a typical weekday and weekend every hour from 10:00 AM to 8:00 PM. The survey will be used to develop an assessment of both weekday and weekend parking occupancy. Off-street parking supply within any residential properties will not be surveyed because it is not typically available for public parking. The data collected will be incorporated in the GIS map of the existing parking inventory for City use. In addition, weekday and weekend parking turnover counts will be conducted at the following locations from 10 AM to 4 PM using license plate surveys: • Front Street between Main Street and Moreno Road • 4th 5th and 6th Streets between Mercedes Street and Front Street • Main Street between Mercedes Street and Murrieta Creek • Mercedes Street between Moreno Road and Main Street Old Town Parking Management Plan Update January 5, 2018 Page 3 of 8 The purpose of these counts will be to identify the number of vehicles that remain parked over an extended period of time along these streets. Task 2.3 Assess Current Parking Conditions Data from the previous tasks will be used to identify and quantify existing characteristics of the parking system in the study area, including peak demands, parking demand/supply relationships in the study area as a whole, and identification of possible hot spots of demand in the study area. The first element of the task will be a careful assessment of the existing supply/demand conditions in the study area. It may be possible for parking spaces in one analysis area to be considered as part of the supply to meet the demand generated in another adjacent area. Issues regarding the on -street versus off-street supply, demand by time of day, relative walking distances, and possible constraints will be identified in this portion of the analysis. The product of this task will be the use of the previously prepared GIS map to identify and quantify study sub areas that may have deficiencies in parking supply. A typical standard, such as 90% utilization, will be used to determine if a parking zone experiences deficiency in parking. TASK 3 FUTURE PARKING ANALYSIS Task 3.1 Assess Future Parking Conditions (Near -Term and Long -Term Conditions) Future parking demand projections will be made for the study area based on the data collected and summarized under Tasks 2.1 through 2.3, including the analysis of existing parking demand and review of the City's list of approved and pending projects within the Old Town project area. Development of future parking demand forecasts for the study area will consist of the following major elements: Near -Term Parking Supply and Demand The near-term parking supply and demand conditions will be determined through analysis of the approved and pending projects list as provided by City staff in Task 1.1. Long -Term Parking Supply and Demand The long-term parking supply and demand from our previous study will be updated using data previously developed in association with the Old Town Specific Plan and the City of Temecula's General Plan. For the purposes of this planning effort, we will prepare updated demand estimates for up to two scenarios, which may vary due to terms of parking demand per square feet of new development, total amount of new development, and other considerations. We will also concurrently determine the supply associated with this new development based on the likelihood that some of the new development projects might propose Old Town Parking Management Plan Update January 5, 2018 Page 4 of 8 or contain some level of on-site parking. Based on these various scenarios, we will discuss with City staff to determine the appropriate level of long-term supply and demand. Optional Task 3.1.1 Shared Parking Model If desired, as an additional option to Task 3.1, Fehr & Peers will utilize its internally developed shared parking tool to assist in the analysis of the forecasting of future demand. Our shared parking tool is based on Urban Land Institute's Shared Parking (2nd Edition) methodology and base rates. This tool is customizable to local settings and could be customized to parking characteristics of the study area using data described under Tasks 2.1 through 2.4. This also allows for adjustments related to internal capture and mode share. This tool will be used to forecast parking demand for the aggregate study area. Parking demand rate information derived from the existing parking demand data and shared parking tool will be utilized to develop a proposed Old Town Parking Overlay Zone that could be adopted into the City of Temecula General Plan. Task 3.2 Evaluation of Potential Parking Strategies Once we have completed Tasks 3.1, we will attend an in-person meeting with City staff to present the results of the analysis. Based on data collected previously and updated information from City staff regarding recent development patterns, we anticipate that there will be sufficient parking overall within Old Town, with certain locations (such as along Front Street) where there may be temporary parking deficiencies. We do anticipate that there will be parking deficiencies within Old Town over the long-term as the Old Town Vision is implemented. Parking deficiencies will occur as the result of two related issues. First, existing off-street surface parking may be removed as redevelopment occurs on the various parcels within Old Town. This new development could reduce the available supply if new buildings are constructed on existing off- street parking lots. Second, the development of vacant parcels or redevelopment of existing buildings would create additional demand for parking spaces. To develop strategies needed to address any likely future shortfall, we will apply the following process: • We will first meet with the staff to review the analysis and note both any long-term overall shortfall and within what time period this shortfall is expected to occur. • We will then identify those locations where additional surface parking could be provided. • We will also identify those locations, based on known and proposed developments, where surface or structured parking could be provided as a joint venture between the City and proposed developments. As an example, a joint use facility might include a parking garage built by a large Old Town Parking Management Plan Update January 5, 2018 Page 5 of 8 fr development whereby the City contributes a portion of the construction cost and is allowed to reserve a certain percentage of the garage spaces for public or civic use. • If the surface lots and joint use parking facilities are unable to provide sufficient long-term supply, we will determine how many parking garages are required and approximate locations for those garages. To the extent possible, we will use the spreadsheets and other analytical tools that we already prepared for the OId Town Vision to reduce the time and effort needed for this task. Additional Parking Demand Management strategies may include but are not limited to the following: • Parking fees • Time limits and restrictions • Assignment of parking • Encouraging alternative modes of transportation • Access control • Enforcement, etc. To the extent possible, we will use the spreadsheets and other analytical tools that we already prepared for the 2010 OId Town Parking Management Plan to reduce the time and effort needed for this task. Task 3.3 Funding Recommendations Review Fehr & Peers will review various funding options utilized by three different cities in an effort to finance their parking strategies. Following this review, a menu of funding options will be prepared for City staff to determine what types of funding options they wish to consider for the implementation of their parking strategies. This list will highlight the benefits and drawbacks of each option as well as provide examples of how it has been used in the other cities. Task 3.4 Draft and Final Update to the Old Town Parking Management Plan An update to the OId Town Parking Management Plan will be prepared to summarize the data collection effort, maps, assessment of existing and future parking conditions, parking strategies reviewed, and funding recommendations. Based on one set of consolidated comments, the draft memorandum will be revised and a final memorandum will be submitted. Old Town Parking Management Plan Update January 5, 2018 Page 6 of 8 OPTIONAL TASK 4 PROJECT OUTREACH Optional Task 4.1 Planning Commission and City Council Meetings Fehr & Peers staff will attend one Planning Commission meeting and one City Council meeting at which Fehr & Peers staff will present the findings of the updated Old Town Parking Management Plan to the City Council and Planning Commission. OPTIONAL TASK 5 SURVEY OF OLD TOWN/CIVIC CENTER PARKING Optional Task 5.1 In -Person Surveys If desired as an additional source of anecdotal information about parking conditions, Fehr & Peers will conduct surveys with Old Town business owners, civic center employees, residents, shoppers and diners, and other visitors in the study area. These surveys would be conducted on a typical weekday and weekend from 10:00 AM to 8:00 PM through the use of in -field intercept surveys. The results of these surveys will be used to determine parking preferences for the various users of the study area parking system. Optional Task 5.2 Online Surveys If desired as an additional source of anecdotal information about parking conditions, Fehr & Peers will prepare an online survey to be marketed to Old Town business owners, employees, residents, shoppers, diners, and other visitors in the study area. Information regarding the survey will be shared with Old Town business owners with the aid of City staff. Additionally, flyers will be posted throughout the study area directing users to the online survey. The results of these surveys will be used to determine parking preferences for the various users of the study area parking system. Additional Services Additional services possible beyond those specifically identified above include, but are not limited to: obtaining additional parking counts, developing cost estimates for mitigation measures, or attending more than two (2) Planning Commission and/or City Council meetings. Old Town Parking Management Plan Update January 5, 2018 Page 7 of 8 Budget and Schedule Fehr & Peers will perform the services listed above on a time and materials basis for $53,488 without optional tasks or $72,809 with the optional tasks. "Expenses" are defined as the cost of communications; reproduction; photographic, mailing, and messenger services; presentation materials; and data processing and production techniques. We will submit invoices monthly and they are due and payable upon receipt. A detailed fee schedule is provided in Attachment A. Based on our current workload and the time required to complete this type of study, we estimate that we can prepare and submit a draft copy of the updated Old Town Parking Management Plan to you for review within four months of receipt of a fully executed contract. We appreciate the opportunity to continue our involvement with this project and look forward to assisting you and the development team. Please let us know if you have any questions or comments. Sincerely, FEHR & PEERS Nathan Schmidt, AICP Old Town Parking Management Plan Update January 5, 2018 Page 8 of 8 Attachment A: Fee Schedule fi Temecula Old Town Parking Management Plan Update Total Labor Data Collection Total Costs Task 1 Internal Team Coordination Task 1.1 Project Kick -Off Meeting Task 1.2 Other Meetings and Coordination $ 3,180 $ $ 3,180 $ 3,390 $ $ 3,390 $ 6,570 $ $ 6,570 Task 2 Existing Parking Analysis Task 2.1 Document Existing Parking Supply in the Study Area $ 4,370 $ - $ 4,370 Task 2.3 Data Collection and Establish Existing Parking Demand $ 5,240 $ 8,200 $ 13,440 Task 2.4 Assess Current Parking Conditions $ 4,110 $ - $ 4,110 $ 13,720 $ 8,200 $ 21,920 Task 3 Future Parking Analysis Task 3.1 Assess Future Parking Conditions $ 5,360 $ $ 5,360 Task 3.2 Evaluation of Potential Parking Strategies $ 6,090 $ - $ 6,090 Task 3.3 Funding Recommendations Review $ 4,070 $ $ 4,070 Task 3.4 Draft and Final Compilation Memorandum $ 6,720 $ $ 6,720 $ 22,240 $ $ 22,240 Total Labor $ 42,530 $ 8,200.00 $ 50,730 Travel/Mileage $ 221 Expenses $ 2,537 Total Without Optional Tasks $ 53,488 Optional Tasks Task 4.1 (2) Planning Commission and City Council Meetings $ 6,600 $ $ 6,600 Task 3.1.1 Shared Parking Model $ 5,510 $ - $ 5,510 Task 5.1 In -Person Surveys $ 3,590 $ 5,500.00 $ 9,090 Task 5.2 Online Surveys $ 3,590 $ $ 3,590 $ 18,190 Total Labor $ 18,190 Travel/Mileage $ 221 Expenses $ 910 Total of Optional Tasks $ 19,321 Grand Total With Optional Tasks $ 72,809 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's attached proposal but in no event shall the total cost of services exceed $ 72,809, plus a 10% contingency of $7,280, for a total Agreement amount of $80,089, for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 10 Item No. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: March 13, 2018 SUBJECT: Amend the Capital Improvement Program Budget for Fiscal Years 2018-22 to Accelerate Funding for Medians and Ornamental Barriers — Citywide, from Fiscal Year 2018-19 to Fiscal Year 2017-18 PREPARED BY: Jerry Gonzalez, Associate Engineer II - Traffic RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, TO AMEND THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2018-22 TO ACCELERATE FUNDING FOR MEDIANS AND ORNAMENTAL BARRIERS CITYWIDE, FROM FISCAL YEAR 2018-19 TO FISCAL YEAR 2017-18 BACKGROUND: In 2012, a Pedestrian Access Feasibility Study was prepared by Willdan Engineering at Great Oak High School. The purpose of the study was to address concerns about pedestrian safety adjacent to the school. The study evaluated pedestrian access and vehicular circulation on Deer Hollow Way, Pechanga Parkway, Peach Tree Street and Pechanga Road. Based on the results of the evaluation the study proposed several pedestrian and traffic circulation improvements to mitigate conditions adjacent to the school site. Specifically, the evaluation found that Deer Hollow Way has the highest school related volumes (pedestrian and vehicular) and serves as the primary access for students walking to and from school with the majority of students crossing at the Pechanga Parkway intersection and Deer Hollow Way at the Birdsall Park driveways. At that time, the study recommended the installation of a median and fence along Deer Hollow Way to mitigate the student's "jay -walking" movement across Deer Hollow Way. Subsequently, the future design and construction of the recommended median and ornamental pedestrian barrier along Deer Hollow Way was added to the Capital Improvement Program (CIP) Budget for future appropriation as funding became available, which is currently identified as Fiscal Year 2018-19. Recently, Staff met with Temecula Valley Unified School District (TVUSD) representatives to discuss renewed concerns about pedestrian safety. Topics discussed included pedestrians crossing Deer Hollow Way at the high school's main ingress driveway and the feasibility of installing a high visibility crosswalk at the driveway intersection between the high school and Birdsall Park. A review of pedestrian volumes during peak school periods indicates that conditions justify the need for a high visibility crosswalk at this location to reduce conflicts between pedestrians and vehicular traffic during the school peak periods. Subsequent discussions with TVUSD representatives indicate that the district is willing to provide a fair share contribution of $25,000 for the installation of a high visibility crosswalk with flashing beacons and sidewalk improvements. The Engineer's Estimate to install the improvements is $100,000. FISCAL IMPACT: In July 2017, The City Council adopted the CIP Budget for Fiscal Years 2018-22, which included a projected appropriation of $250,000 from Measure S funds in Fiscal Year 2018-19 for the installation of a medians and ornamental pedestrian barriers citywide. The requested amendment to the CIP Budget will accelerate $100,000 of Measure S funds in account number 210.165.704 to Fiscal Year 2017-18. ATTACHMENTS: 1. Resolution 2. Current CIP Budget Sheets for Medians and Ornamental Barriers — Citywide Project RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, TO AMEND THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2018-22 TO ACCELERATE FUNDING FOR MEDIANS AND ORNAMENTAL BARRIERS CITYWIDE, FROM FISCAL YEAR 2018-19 TO FISCAL YEAR 2017-18 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Recitals. The City Council hereby finds, determines and declares that: A. The City of Temecula Capital Improvement Program (CIP) Budget for Fiscal Years 2018-22 includes the Medians and Ornamental Barriers — Citywide Program. B. The Capital Improvement Program (CIP) Budget identifies a projected appropriation of $250,000 from Measure S funds in Fiscal Year 2018-19 to be used for the installation of medians and ornamental pedestrian barriers citywide. C. Amending the Capital Improvement Program (CIP) Budget to accelerate $100,000 of Measure S funds from Fiscal Year 2018-19 to Fiscal Year 2017-18 is necessary for installation of a high visibility crosswalk with flashing beacons and sidewalk improvements. Section 2. Amendment of the Capital Improvement Program (CIP) Budget A. The Capital Improvement Program (CIP) Budget for Fiscal Years 2018-22 is hereby amended to accelerate funding for Medians and Ornamental Barriers — Citywide from Fiscal Year 2018-19 to Fiscal Year 2017-18. B. An accelerated amount of $100,000, is hereby approved for Fiscal Year 2017-18. C. The Capital Improvement Program, as amended by this Resolution, is consistent with the City of Temecula General Plan and each element thereof. Section 3. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of March, 2018. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 18- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of March, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk MEDIANS AND ORNAMENTAL PEDESTRIAN BARRIERS - CITYWIDE Infrastructure / Other Projects Location Aerial Data - March 2010 0 2.5C0 5,000 10.000 L� 112 t)i Capital Improvement Program Fiscal Years 2018-22 MEDIANS AND ORNAMENTAL PEDESTRIAN BARRIERS - CITYWIDE Infrastructure / Other Project Project Description: This project includes the design and construction of raised concrete medians (with stamped concrete), neighborhood identiflcation medians, pedestrian bulb -outs, and ornamental pedestrian barriers to provide neighborhood traffic calming and enhance pedestrian crossing at locations such as Deer Hollow Way, Seraphina Road, Nighthawk Pass, Roripaugh Road, Suzi Lane, Chandler Drive and other locations within the City. Benefit 1 Core Value: This project provides neighborhhod traffic calming and a safe crossing for pedestrians at various locations within the City. This project satisfies the City's Core Values of A Safe and Prepared Community, A Sustainable City, and Transportation Mobility and Connectivity. Project Status: This project has a priority list of locations and will be constructed when funding is available. Department: Public Works - Account No. 210.165.704 Level: II Project Cost: Prior Years Actual Expenditures FYE 2017 Carryover Budget 2017-18 Adopted 2018.19 Appropriation Projected 2021-22 Projected 2019-20 2020-21 and Future Years Projected Projected Total Project Cost Administration $ 10.000 $ 10.000 $ 10,000 $ 30.000 Construction $ 29,900 $ 10.100 $ 210.000 $ 210.000 $ 420.000 Construction $ 250.000 $ 250,000 $ 500,000 Engineering $ 29,900 $ 10.100 $ - $ 10.000 $ • $ 10,000 $ - $ 20.000 Design $ 29,900 $ 100 $ 20.000 $ 20.000 $ 70.000 Totals $ 29,900 $ 10.100 $ - $250,000 $ - $250,000 $ - $ 540.000 Prior Years FYE 2017 2017-18 Source of Funds• Actual Carryover Adopted 2018-19 2019-20 2020-21 2021-22 Total Project Expenditures Budget Appropriation Projected Projected Projected Projected Cost DIF (Street Improvements) $ 29,900 $ 10.100 $ 40,000 Measure S $ 250.000 $ 250,000 $ 500,000 Total Funding: $ 29,900 $ 10.100 $ - $ 250.000 $ • $ 250.000 $ - $ 540,000 Future Operation & Maintenance Costs: 2017-18 2018-19 2019-20 2020-21 2021-22 113 Item No. 8 Approvals City Attorney J;4\-' Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: March 13, 2018 SUBJECT: Amend the Capital Improvement Program Budget for Fiscal Years 2018-22 to Accelerate Funding for Sidewalks — Citywide, from Fiscal Year 2018-19 to Fiscal Year 2017-18 and Award a Construction Contract to Eagle Paving Company, Inc. for Sidewalks — Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park), PW17-04 PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer - CIP Chris White, Associate Engineer I - CIP RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, TO AMEND THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2018-22 TO ACCELERATE FUNDING FOR SIDEWALKS — CITYWIDE, FROM FISCAL YEAR 2018-19 TO FISCAL YEAR 2017-18 2. Approve an additional appropriation of $400,000 from the Sidewalks — Citywide project to the Sidewalks — Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park); 3. Award a Construction Contract to Eagle Paving Company, Inc., in the amount of $477,577, for Sidewalks — Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park), PW17-04; 4. Authorize the City Manager to approve change orders not to exceed the contingency amount of $47,757.70, which is equal to 10% of the Contract amount; 5. Make a finding that the Sidewalks — Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park), PW 17-04, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: The Sidewalks - Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park) will provide walking surfaces for pedestrians. The project consists of installing a sidewalk along the east side of Mercedes Street, from Fourth Street to Sam Hicks Monument Park. The improvements also include constructing ADA ramps, retaining walls, street lights, and planting street trees. This project satisfies the City's Core Values of Transportation Mobility and Connectivity. On November 14, 2017, City Council approved the plans and specifications, and authorized staff to solicit construction bids. On Tuesday, February 20, 2018, five bids were electronically opened and publicly posted on PlanetBids. The results were as follows: Staff has reviewed the bid proposals and found Eagle Paving Company, Inc., to be the lowest responsible bidder. Eagle Paving Company, Inc. has successfully completed similar projects for public agencies. The Engineer's estimate for the project was $302,000.00. The Specifications allow for sixty working days for construction, which is approximately three months. 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 will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are five percent of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees as those programs contribute directly to the MSHCP. The Sidewalks - Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park) is exempt from MSHCP fees because the sidewalk is being constructed within the existing right of way and there is no new disturbed area. FISCAL IMPACT: On June 13, 2017, the City Council adopted the CIP Budget for Fiscal Years 2018-22, which included a projected appropriation of $500,000 from Measure S funds in Fiscal Year 2018-19 for the Sidewalks — Citywide project. The requested amendment to the CIP Budget will accelerate $400,000 of Measure S funds to Fiscal Year 2017-18. The Sidewalks - Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park) is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2018-22, and is funded with Community Development Block Grant and Measure A Bid 1. Eagle Paving Company, Inc. $ 477,577.00 2. Aramexx Construction $ 592,601.00 3. EBS General Engineering, Inc. $ 612,340.50 4 CT &T Concrete Paving $ 654,090.00 5 Calpromax Engineering, Inc. $ 772,888.00 Staff has reviewed the bid proposals and found Eagle Paving Company, Inc., to be the lowest responsible bidder. Eagle Paving Company, Inc. has successfully completed similar projects for public agencies. The Engineer's estimate for the project was $302,000.00. The Specifications allow for sixty working days for construction, which is approximately three months. 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 will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are five percent of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees as those programs contribute directly to the MSHCP. The Sidewalks - Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park) is exempt from MSHCP fees because the sidewalk is being constructed within the existing right of way and there is no new disturbed area. FISCAL IMPACT: On June 13, 2017, the City Council adopted the CIP Budget for Fiscal Years 2018-22, which included a projected appropriation of $500,000 from Measure S funds in Fiscal Year 2018-19 for the Sidewalks — Citywide project. The requested amendment to the CIP Budget will accelerate $400,000 of Measure S funds to Fiscal Year 2017-18. The Sidewalks - Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park) is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2018-22, and is funded with Community Development Block Grant and Measure A Funds. An additional appropriation of $400,000 from the Sidewalks — Citywide project to the Sidewalks - Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park) is necessary to fund the construction contract. With the additional appropriation of $400,000, sufficient funds will be available for the contract amount of $477,577.00, plus a 10% contingency of $47,757.70, for a total amount of $525,334.70. ATTACHMENTS: 1. Resolution 2. Contract 3. Project Location Map 4. Project Description RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, TO AMEND THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2018-22 TO ACCELERATE FUNDING FOR SIDEWALKS — CITYWIDE, FROM FISCAL YEAR 2018-19 TO FISCAL YEAR 2017-18 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Recitals. The City Council hereby finds, determines and declares that: A. The City of Temecula Capital Improvement Program (CIP) Budget for Fiscal Years 2018-22 includes the Sidewalks — Citywide project. B. The Capital Improvement Program (CIP) Budget identifies a projected appropriation of $500,000 from Measure S funds in Fiscal Year 2018-19 to be used for the installation of sidewalks citywide. C. Amending the Capital Improvement Program (CIP) Budget to accelerate $400,000 of Measure S funds from Fiscal Year 2018-19 to Fiscal Year 2017-18 is necessary for the installation of sidewalks along Mercedes Street from Fourth Street to Sam Hicks Monument Park. Section 2. Amendment of the Capital Improvement Program (CIP) Budget A. The Capital Improvement Program (CIP) Budget for Fiscal Years 2018-22 is hereby amended to accelerate funding for Sidewalks — Citywide from Fiscal Year 2018-19 to Fiscal Year 2017-18. B. An accelerated amount of $400,000, is hereby approved for Fiscal Year 2017-18. C. The Capital Improvement Program, as amended by this Resolution, is consistent with the City of Temecula General Plan and each element thereof. Section 3. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of March, 2018. ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ss Matt Rahn, Mayor I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 18- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of March, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS CONTRACT for OLD TOWN SIDEWALKS IMPROVEMENT PROJECT (Mercedes Street from Fourth Street to Sam Hicks Monument Park) PROJECT NO. PW17-04 THIS CONTRACT, made and entered into the 13th day of March, 2018, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and Eagle Paving 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 OLD TOWN SIDEWALKS IMPROVEMENT PROJECT (Mercedes Street from Fourth Street to Sam Hicks Monument Park), PROJECT NO. PW17-04, 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 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 OLD TOWN SIDEWALKS IMPROVEMENT PROJECT (Mercedes Street from Fourth Street to Sam Hicks Monument Park), PROJECT NO. PW17-04. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 990 Park Center Drive, Suite E Vista, CA 92081 (760) 734-1113 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract, except as amended by the General Specifications, Special Provisions, and Technical Specifications for OLD TOWN SIDEWALKS IMPROVEMENT PROJECT (Mercedes Street from Fourth Street to Sam Hicks Monument Park), PROJECT NO. PW17-04. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. 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 OLD TOWN SIDEWALKS IMPROVEMENT PROJECT (Mercedes Street from Fourth Street to Sam Hicks Monument Park), PROJECT NO. PW17- 04. 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 FOUR HUNDRED SEVENTY-SEVEN THOUSAND FIVE HUNDRED SEVENTY-SEVEN DOLLARS AND NO CENTS ($477,577.00), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed 60 working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City. 5. CHANGE ORDERS All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS 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 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth 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. Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES / EXTENSION OF TIME a. Liquidated Damages: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of One Thousand Dollars ($1,000) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor, including delays caused by the 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. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 10. TIME OF THE ESSENCE Time is of the essence in this contract. 11. INDEMNIFICATION All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from Progress Payments or final payments due to the Contractor. 12. GRATUITIES Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES Whenever 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. Contractor and Owner do hereby acknowledge that this Contract will be partially or fully funded with Community Development Block Grant (CDBG) funds [24 CFR 570] and is, therefore, subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations. Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this Contract in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least five years after the expiration of the term of this Contract. Contractor shall comply with the Davis -Bacon Fair Labor Standards Act (40 USC a-276, a-5) and the implementation regulations thereof. Contractor shall comply with the U.S. Department of Housing and Urban Development's Federal Labor Standards Provisions (HUD 4010). 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 plans 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 disability. 19. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. 20. PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of 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, office or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22. WRITTEN NOTICE Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows: Mailing and Delivery Address: Patrick A. Thomas, PE Director of Public Works / City Engineer City of Temecula 41000 Main Street Temecula, CA 92590-3606 23. CLAIM DISPUTE RESOLUTION. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR: Eagle Paving Company, Inc. 13915 Danielson Street, Suite 201 Poway, Ca. 92064 (858) 486-6400 Joel@EaglePaving.us Signatures of two corporate officers required for Corporations By: Signature Joel Batule Print or type Name President / CEO Print or type Title By: Signature Lavina Rich Print or type Name HR / Payroll Representative Print or type Title DATED: CITY OF TEMECULA By: Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney TILE CITY 0! TEMECUI,Mercedes Street (Fourth Street to Sam Hicks Park) '•M'I.JnMr..Ya iy.. ., 376.0 0 188.00 376.0 Feet W GS_1984_Web_Mercator_Auxi I iary_Sphere © Latitude Geographics Group Ltd. This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION at .• Legend City of Temecula Boundary Notes 2020-21 2018-19 Capital Improvement Program Fiscal Years 2018-22 SIDEWALKS - OLD TOWN IMPROVEMENT PROJECT Infrastructure / Other Project Project Description: This project is composed of two phases. The first phase, part of the Fiscal Year 2015-16 Community Development Block Grant (CDBG) funding Action Plan include adding new sidewalks on (1) east side of Old Town Front Street from Moreno (Penfold) to Moreno (Post Office), and (2) south side of Fifth Street from Mercedes Street to Old Town Front Street. The second phase, CDBG Action Plan for Fiscal Year 2016-17 include new sidewalks on the east side of Mercedes Street from Sam Hicks Park to Fourth Street. Benefit / Core Value: This project will provide walking surfaces for pedestrians. In addition, this project satisfies the City's Core Values of Transportation Mobility and Connectivity. Project Status: This project is expected to be completed in Fiscal Year 2017-18. Department: Public Works - Account Nb. 210.165.766 PW 15-06 & PW 17-04 Level: I Project Cost: 2021-22 Prior Years FYE 2017 2017-18 Projected Actual Carryover Adopted 2018-19 2019-20 2020-21 and Future Total Project Expenditures Appropriation Projected Projected Projected Years Cost Budget Administration $ 59,407 $ 87,596 $ 147,003 Construction $ 342,114 $ 110,000 $ 452,114 Construction Engineering $ 23,400 $ 110.000 $ 23,400 Design $ 35,559 $ 32,444 $ 110000 $ - $ $ - $ - $ 68,003 Totals $ 94,966 $ 485,554 $ 110,000 $ - $ - $ - $ - $ 690,520 Source of Funds: Prior Years FYE 2017 2017-18 Actual Carryover Adopted 2018-19 2019-20 2020-21 2021-22 Total Project Expenditures Budget Appropriation Projected Projected Projected Projected Cost CDBG" $ 94,966 $ 265,034 $ 360,000 CDBG�1 $ 220,520 $ 220,520 Measure A $ 110.000 $ 110,000 Total Funding: $ 94,966 $ 485,554 $ 110000 $ - $ $ - $ - $ 690,520 Future Operation & Maintenance Costs 2017-18 (1) Community De‘.elopment Block Grant - Action Plan approved Fiscal Year 2015-16 (2) Community Development Block Grant - Action Plan approved Fiscal Year 2016-17 2019-20 2021-22 Fiscal Years 2018-22 Capital Improvement Program 133 Item No. 9 Approvals City Attorney Director of Finance City Manager Poi - CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: March 13, 2018 SUBJECT: Amend the Capital Improvement Program Budget for Fiscal Years 2018-22 to Accelerate Funding from Sidewalks — Citywide, from Fiscal Year 2018-19 to Fiscal Year 2017-18 and Award a Construction Contract to Eagle Paving Company, Inc. for Sidewalks — Sixth Street Improvements, PW17-05 PREPARED BY: Kendra Hannah-Meistrell — Senior Civil Engineer - CIP Chris White, Associate Engineer - CIP RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, TO AMEND THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2018-22 TO ACCELERATE FUNDING FOR SIDEWALKS — CITYWIDE, FROM FISCAL YEAR 2018-19 TO FISCAL YEAR 2017-18 2. Approve an additional appropriation of $100,000 from the Sidewalks — Citywide project to the Sidewalks — Sixth Street Improvements; 3. Award a Construction Contract to Eagle Paving Company, Inc., in the amount of $150,595, for Sidewalks — Sixth Street Improvements, PW 17-05; 4. Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,059.50, which is equal to 10% of the Contract amount; 5. Make a finding that Sidewalks — Sixth Street Improvements, PW 17-05, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: The Sidewalks — Sixth Street Improvements from Mercedes Street to Mary Phillips Center will provide walking surfaces for pedestrians. The project consists of installing a sidewalk along the north side of Sixth Street, from Mercedes Street to the Mary Phillips Senior Center and widen Sixth Street to ultimate width. The improvements also include constructing an ADA ramp, street lights, and planting street trees. This project satisfies the City's Core Values of Transportation Mobility and Connectivity. On November 14, 2017, City Council approved the plans and specifications, and authorized staff to solicit construction bids. On Wednesday, February 14, 2018, seven bids were electronically opened and publicly posted on PlanetBids. The results were as follows: Staff has reviewed the bid proposals and found Eagle Paving Company, Inc., to be the lowest responsible bidder. Eagle Paving Company, Inc. has successfully completed similar projects for public agencies. The Engineer's estimate for the project was $104,600. The Specifications allow for forty working days for construction, which is two months. 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 will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are five percent of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees as those programs contribute directly to the MSHCP. The Sidewalks - Sixth Street Improvements is exempt from MSHCP fees because the sidewalk is being constructed within the existing right of way and there is no new disturbed area. FISCAL IMPACT: On June 13, 2017, the City Council adopted the CIP Budget for Fiscal Years 2018-22, which included a projected appropriation of $500,000 from Measure S funds in Fiscal Year 2018-19 for the Sidewalks — Citywide project. The requested amendment to the CIP Budget will accelerate $100,000 of Measure S funds from Sidewalk — Citywide Fiscal Year 2018-19 to Sidewalks — Citywide Fiscal Year 2017-18. The Sidewalks — Sixth Street Improvements project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2018-22, and is funded with General Fund, BEYOND Framework Fund Program Round 1 and 2, and Measure S Funds. An additional appropriation of $100,000 from the Sidewalks — Citywide Fiscal Year 2017-18 project to the Sidewalks — Sixth Street Improvements is necessary to fund the construction contract. With the additional appropriation of $100,000, sufficient funds will be available for the contract amount of $150,595., plus a 10% contingency of $15,059.50, for a total amount of $165,654.50. Base Bid 1. Eagle Paving Company, Inc. $ 150,595.00 2. Aramexx Construction $ 165,124.40 3. EBS General Engineering, Inc. $ 187,123.00 4 L.C. Paving & Sealing, Inc. $ 192,846.85 5 Wright Construction Engineering Corp. $ 216,148.30 6 CT &T Concrete Paving $ 222,267.00 7 Hardy and Harper $ 295,000.00 Staff has reviewed the bid proposals and found Eagle Paving Company, Inc., to be the lowest responsible bidder. Eagle Paving Company, Inc. has successfully completed similar projects for public agencies. The Engineer's estimate for the project was $104,600. The Specifications allow for forty working days for construction, which is two months. 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 will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are five percent of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees as those programs contribute directly to the MSHCP. The Sidewalks - Sixth Street Improvements is exempt from MSHCP fees because the sidewalk is being constructed within the existing right of way and there is no new disturbed area. FISCAL IMPACT: On June 13, 2017, the City Council adopted the CIP Budget for Fiscal Years 2018-22, which included a projected appropriation of $500,000 from Measure S funds in Fiscal Year 2018-19 for the Sidewalks — Citywide project. The requested amendment to the CIP Budget will accelerate $100,000 of Measure S funds from Sidewalk — Citywide Fiscal Year 2018-19 to Sidewalks — Citywide Fiscal Year 2017-18. The Sidewalks — Sixth Street Improvements project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2018-22, and is funded with General Fund, BEYOND Framework Fund Program Round 1 and 2, and Measure S Funds. An additional appropriation of $100,000 from the Sidewalks — Citywide Fiscal Year 2017-18 project to the Sidewalks — Sixth Street Improvements is necessary to fund the construction contract. With the additional appropriation of $100,000, sufficient funds will be available for the contract amount of $150,595., plus a 10% contingency of $15,059.50, for a total amount of $165,654.50. ATTACHMENTS: 1. Resolution 2. Contract 3. Project Location Map 4. Project Description RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, TO AMEND THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2018-22 TO ACCELERATE FUNDING FOR SIDEWALKS — CITYWIDE, FROM FISCAL YEAR 2018-19 TO FISCAL YEAR 2017-18 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Recitals. The City Council hereby finds, determines and declares that: A. The City of Temecula Capital Improvement Program (CIP) Budget for Fiscal Years 2018-22 includes the Sidewalks — Citywide project. B. The Capital Improvement Program (CIP) Budget identifies a projected appropriation of $500,000 from Measure S funds in Fiscal Year 2018-19 to be used for the installation of sidewalks citywide. C. Amending the Capital Improvement Program (CIP) Budget to accelerate $100,000 of Measure S funds from Fiscal Year 2018-19 to Fiscal Year 2017-18 is necessary for the installation of sidewalks along Sixth Street from Mercedes Street to the Mary Phillips Senior Center. Section 2. Amendment of the Capital Improvement Program (CIP) Budget A. The Capital Improvement Program (CIP) Budget for Fiscal Years 2018-22 is hereby amended to accelerate funding for Sidewalks — Citywide from Fiscal Year 2018-19 to Fiscal Year 2017-18. B. An accelerated amount of $100,000, is hereby approved for Fiscal Year 2017-18. C. The Capital Improvement Program, as amended by this Resolution, is consistent with the City of Temecula General Plan and each element thereof. Section 3. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of March, 2018. ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ss Matt Rahn, Mayor I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 18- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of March, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for SIDEWALKS — SIXTH STREET IMPROVEMENTS (MERCEDES STREET TO MARY PHILLIPS CENTER) PROJECT NO. PW17-05 THIS CONTRACT, made and entered into the 13`h day of March, 2018 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and Eagle Paving 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 SIDEWALKS — SIXTH STREET IMPROVEMENTS (MERCEDES STREET TO MARY PHILLIPS CENTER), PROJECT NO. PW17-05, 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 SIDEWALKS — SIXTH STREET IMPROVEMENTS (MERCEDES STREET TO MARY PHILLIPS CENTER), PROJECT NO. PW17-05. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 990 Park Center Drive, Suite E Vista, CA 92081 (760) 734-1113 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for SIDEWALKS — SIXTH STREET IMPROVEMENTS (MERCEDES STREET TO MARY PHILLIPS CENTER), PROJECT NO. PW17-05. 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 not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. 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: SIDEWALKS — SIXTH STREET IMPROVEMENTS (MERCEDES STREET TO MARY PHILLIPS CENTER), PROJECT NO. PW17-05. 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: ONE HUNDRED FIFTY THOUSAND FIVE HUNDRED NINTY-FIVE DOLLARS AND NO CENTS ($ 150,595.00), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed 40 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 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 95% 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. Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES / EXTENSION OF TIME a. Liquidated Damages: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City. Within ten (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. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 10. TIME OF THE ESSENCE Time is of the essence in this contract. 11. INDEMNIFICATION All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor. 12. GRATUITIES Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 16. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 17. INSPECTION The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. 20. PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows: Mailing and Delivery Address: Patrick A. Thomas, PE Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 23. CLAIM DISPUTE RESOLUTION. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR: Eagle Paving Company, Inc. 13915 Danielson Street, Suite 201 Poway, Ca. 92064 (858) 486-6400 Joel@EaglePaving.us By: Joel Batule Print or type NAME President / CEO Print or type TITLE By: Lavina Rich Print or type NAME HR / Payroll Representative Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney c SIDEWALKS - SIXTH STREET SIDEWALK IMPROVEMENTS Infrastructure Project Location Aerial Data - 2015 134 Feet 100 200 400 2018-19 L)1 !1 Capital Improvement Program Fiscal Years 2018-22 SIDEWALKS - SIXTH STREET IMPROVEMENTS Infrastructure / Other Project Project Description: This project includes adding new sidewalks on the north side of Sixth Street between Mercedes Street and Mary Phillips Senior Center. Benefit / Core Value: This project will provide walking surfaces for pedestrians. In addition, this project satisfies the City's Core Values of Transportation Mobility and Connectivity. Project Status: This project started in Fiscal Year 2016-17. Department: Public Works -Account No. 210.165.555 PW17-05 Level: I Project Cost: Prior Years Actual Expenditure s FYE2017 2017-18 Carryover Adopted 2018-19 2019-20 Budget Appropriation Projected Projected 2021-22 Projected 2020-21 and Future Total Project Projected Years Cost Administration $ 12,179 $ 18,000 $ 30,179 Construction $ 60,893 $ 29,262 $ 90,155 Construction Engineering $ 4,262 $ 5,738 $ 10,000 Design/Environmental $ 15,223 $ 15,000 $ 30,223 Totals $ - $ 92,557 $ 68,000 $ - $ - $ - $ - $ 160,557 Source of Funds: Prior Years Actual FYE2017 2017-18 Expenditure Carryover Adopted 2018-19 s Budget Appropriation Projected 2019-20 Projected 2020-21 Projected 2021-22 Total Project Projected Cost General Fund $ 19,700 $ 19,700 BEYOND Framework Fund Program Round I $ 72,857 $ 72,857 BEYOND Framework Fund Program Round II $ 41,736 $ 41,736 Measure S $ 26,264 $ 26,264 Total Funding: $ - $ 92,557 $ 68,000 $ - `.6 - $ - $ - $ 160,557 Future Operation & Maintenance Costs: 2017-18 2019-20 2020-21 2021-22 Fiscal Years 2018-22 Capital Improvement Program 135 Item No. 10 Approvals City Attorney Director of Finance City Manager T CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: March 13, 2018 SUBJECT: Award a Construction Contract to CT & T Concrete Paving, Inc. for Sidewalks — Ynez Road, PW 17-22 PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer - CIP Chris White, Associate Engineer - CIP RECOMMENDATION: That the City Council: 1. Award a Construction Contract to CT & T Concrete Paving, Inc., in the amount of $48,112.50, for Sidewalks — Ynez Road (Winchester Road to County Center Drive), PW 17-22; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $4,811.25, which is equal to 10% of the Contract amount. BACKGROUND: The Sidewalks - Ynez Road (Winchester Road to County Center Drive) project will provide walking surfaces for pedestrians. The project consists of installing a sidewalk along the east side of Ynez Road from Winchester Road to County Center Drive. The improvements also include replacing a section of commercial driveway. This project satisfies the City's Core Values of Transportation Mobility and Connectivity. On November 14, 2017, City Council approved the plans and specifications, and authorized staff to solicit construction bids. On Tuesday, February 20, 2018, five bids were electronically opened and publicly posted on PlanetBids. The results were as follows: Base Bid 1. CT & T Concrete Paving, Inc. $ 48,112.50 2. L.C. Paving & Sealing, Inc. $ 61,507.50 3. Gentry General Engineering, Inc. $ 72,700.00 4 EBS General Engineering, Inc. $ 77,750.00 5 Black Rock Construction $ 85,900.00 Staff has reviewed the bid proposals and found CT & T Concrete Paving, Inc., to be the lowest responsible bidder. CT & T Concrete Paving, Inc. has successfully completed similar projects for public agencies. The Engineer's estimate for the project was $76,500. The Specifications allow for thirty working days for construction, which is one and half months. 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 will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are five percent of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees as those programs contribute directly to the MSHCP. The Sidewalks — Ynez Road is exempt from MSHCP fees because the sidewalk is being constructed within the existing right of way and there is no new disturbed area. FISCAL IMPACT: The Sidewalks - Ynez Road (Winchester Road to County Center Drive) is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2018-22, and is funded with CDBG Funds. Adequate funds are available in the project accounts for the contract amount of $48,112.50, plus a 10% contingency of $4,811.25, for a total amount of $52,923.75. ATTACHMENTS: 1. Contract 2. Project Location Map 3. Project Description CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS CONTRACT for SIDEWALKS — YNEZ ROAD (WINCHESTER ROAD TO COUNTY CENTER DRIVE) PROJECT NO. PW17-22 THIS CONTRACT, made and entered into the 13TH day of March, 2018, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and CT & T Concrete Paving, 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 SIDEWALKS — YNEZ ROAD (WINCHESTER ROAD TO COUNTY CENTER DRIVE), PROJECT NO. PW17-22, 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 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 SIDEWALKS — YNEZ ROAD (WINCHESTER ROAD TO COUNTY CENTER DRIVE), PROJECT NO. PW17-22. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 990 Park Center Drive, Suite E Vista, CA 92081 (760) 734-1113 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract, except as amended by the General Specifications, Special Provisions, and Technical Specifications for SIDEWALKS — YNEZ ROAD (WINCHESTER ROAD TO COUNTY CENTER DRIVE), PROJECT NO. PW 17-22. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions.Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. 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 SIDEWALKS — YNEZ ROAD (WINCHESTER ROAD TO COUNTY CENTER DRIVE), PROJECT NO. PW17-22. 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 FORTY EIGHT THOUSAND ONE HUNDRED TWELVE DOLLARS AND FIFTY CENTS ($48,112.50), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed 30 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 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 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth 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. Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES / EXTENSION OF TIME a. Liquidated Damages: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of One Thousand Dollars ($1,000) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor, including delays caused by the 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. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid Tess than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 10. TIME OF THE ESSENCE Time is of the essence in this contract. 11. INDEMNIFICATION All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from Progress Payments or final payments due to the Contractor. 12. GRATUITIES Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 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. Contractor and Owner do hereby acknowledge that this Contract will be partially or fully funded with Community Development Block Grant (CDBG) funds [24 CFR 570] and is, therefore, subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations. Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this Contract in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least five years after the expiration of the term of this Contract. Contractor shall comply with the Davis -Bacon Fair Labor Standards Act (40 USC a-276, a-5) and the implementation regulations thereof. Contractor shall comply with the U.S. Department of Housing and Urban Development's Federal Labor Standards Provisions (HUD 4010). 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 plans 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 disability. 19. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. 20. PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of 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, office or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22. WRITTEN NOTICE Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows: Mailing and Delivery Address: Patrick A. Thomas, PE Director of Public Works / City Engineer City of Temecula 41000 Main Street Temecula, CA 92590-3606 23. CLAIM DISPUTE RESOLUTION. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR: CT & T Concrete Paving, Inc. 324 S. Diamond Bar Blvd., PMB 275 Diamond Bar, Ca. 91765 (909) 629-8000 jose.cttinc@gmail By: Jose Carvajal Print or type NAME President Print or type TITLE By: Jacqueline Carvajal Print or type NAME Treasurer Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney Ynez Road Sidewalk 414.4 9 i 207.18 414.4 Feet WGS_1984_Web_Mercator_Auxiliary_S phere © Latitude Geographics Group Ltd. This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend Parcels Street Names LI City of Temecula Boundary Sphere of Influence ❑ Cities Notes 2020-21 2021-22 Total Project Cost $ 137,537 $ 137,537 ] l Capital Improvement Program Fiscal Years 2018-22 SIDEWALKS - YNEZ ROAD Infrastructure / Other Project Project Description: This project includes new sidewalks on the east side of Ynez Road between Winchester Road and County Center Drive. Benefit / Core Value: This project will provide walking surfaces for pedestrians. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: This is a new project for Fiscal Year 2017-18. Department: Public Works - Account No. 210.165.775 Level: I Project Cost: Prior Years FYE 2017 2017-18 Actual Carryover Adopted 2018-19 Expenditures Budget Appropriation Projected 2021-22 Projected 2019-20 2020-21 and Future Total Project Projected Projected Years Cost Administration $ 27,500 $ 27,500 Construction $ 90,037 $ 90,037 Construction Engineering $ 7,500 $ 7,500 Design/Environmental $ 12,500 $ 12,500 Totals $ - $ - $ 137,537 $ - $ $ - $ - $ 137,537 Source of Funds: Prior Years FYE 2017 2017-18 Actual Carryover Adopted 2018-19 Expenditures Budget Appropriation Projected 2019-20 Projected Projected Projected CDBG') Total Fundin.: $ 137,537 $ 137,537 $ Future Operation & Maintenance Costs 2017-18 2018-19 2019-20 2020-21 2021-22 (1) Community Development Block Grant - Action Ran 2017-18 Fiscal Years 2018-22 Capital Improvement Program 137 Item No. 11 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: March 13, 2018 SUBJECT: Award a Construction Contract to Aramexx Group, Inc. for the Fallen Heroes Memorial, PW 17-07 PREPARED BY: Amer Attar, Principal Civil Engineer Kendra Hannah-Meistrell, Senior Civil Engineer RECOMMENDATION: That the City Council: 1. Approve an appropriation of $75,000 from the Public Art Fund to the Fallen Heroes Memorial, PW17-07; 2. Award a Construction Contract to Aramexx Group, Inc., in the amount of $153,485, for the Fallen Heroes Memorial, PW 17-07; 3. Authorize the City Manager to approve Contract Change Orders not to exceed the contingency amount of $15,348.50, which is equal to 10% of the contract amount; 4. Make a finding that the Fallen Heroes Memorial project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On September 26, 2017, City Council approved the plans and specifications and authorized the Department of Public Works to solicit construction bids for the Fallen Heroes Memorial, PW 17-07. The Fallen Heroes Memorial project will honor fallen heroes of our community with a new art sculpture representing all service branches of the military. The project is located at the Temecula Duck Pond park site adjacent to the Veteran's Memorial and paver walkway. The work is comprised of site preparation including clearing and grubbing, grading, installing electrical, irrigation and drainage lines, placing concrete, installing a retaining wall, relocating three flagpoles and lighting, and replacing landscaping to accommodate installation of the commissioned art sculpture. The sculpture will have several components such as an obelisk with eagle, service branch medallions, Battlefield Cross (also known as Fallen Soldier Battle Cross or Battle Cross), and lighting. Two bids were electronically opened through PlanetBids on Tuesday, February 20, 2018. The results were as follows: 1. Aramexx Group, Inc. $ 153,485.00 SFM Constructors, Inc. Non-responsive SFM Constructors, Inc. has been deemed non-responsive because the bidder's signature was not notarized on the bid bond. Staff has reviewed the bid proposals and found Aramexx Group, Inc. of Claremont, California to be the lowest responsible bidder for this project. Aramexx Group, Inc. has public contracting experience and has completed similar projects for other public agencies in Southern California. The Engineer's Estimate for the project was $85,000. The project specifications allow for 50 working days, which is an approximate duration of two and a half months. 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. Since July 1, 2008, the RCA has required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees, as those programs contribute directly to the MSHCP. The Fallen Heroes Memorial project is exempt from MSHCP fees because it is being constructed on a previously developed parcel (Temecula Duck Pond park site). FISCAL IMPACT: The Fallen Heroes Memorial is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2018-22, and is funded with General Fund. An appropriation of $75,000 from the Public Art Fund is needed to cover the construction contract amount. With the additional appropriation from the Public Art Fund, sufficient funds will be available for the contract amount of $153,485.00, plus a 10% contingency amount of $15,348.50, for a total encumbrance of $168,833.50. ATTACHMENTS: 1. Contract 2. Project Location 3. Project Description CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for FALLEN HEROES MEMORIAL PROJECT NO. PW17-07 THIS CONTRACT, made and entered into the 13th day of March, 2018 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and Aramexx Group, 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 FALLEN HEROES MEMORIAL, PROJECT NO. PW17-07, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for FALLEN HEROES MEMORIAL, PROJECT NO. PW17-07. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 990 Park Center Drive, Suite E Vista, CA 92081 (760) 734-1113 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for FALLEN HEROES MEMORIAL, PROJECT NO. PW17-07. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT C-1 The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: FALLEN HEROES MEMORIAL, PROJECT NO. PW17-07 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City. 3. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED FIFTY THREE THOUSAND FOUR HUNDRED EIGHTY FIVE DOLLARS ($153,485), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed 50 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 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 95% 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. CONTRACT C-2 c. Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES / EXTENSION OF TIME a. Liquidated Damages: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City. Within ten (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. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.qov. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid CONTRACT C-3 less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 10. TIME OF THE ESSENCE Time is of the essence in this contract. 11. INDEMNIFICATION All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor. 12. GRATUITIES Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES CONTRACT C-4 Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 16. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 17. INSPECTION The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. 20. PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. CONTRACT C-5 By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows: Mailing and Delivery Address: Patrick A. Thomas, PE Director of Public Works / City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 23. CLAIM DISPUTE RESOLUTION. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. CONTRACT C-6 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR: Aramexx Group, Inc. 101 N. Indian Hill Blvd., C1-201 Claremont, CA 91711 (909) 746-8066 info@aramexxgroupinc.com By: Salim Samour, President, Secretary, Treasurer DATED: CITY OF TEMECULA By: Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACT C-7 ( 1111: CITY I) TEMECULA r....,... N. °ilea... FALLEN HEROES MEMORIAL 294.1 147.03 294.1 Feet WGS_1984_Web_Mercator_Auxiliary_Sphere ® Latitude Geographies Group Ltd. This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION • Legend Highways HWY INTERCHANGE CT.; INTERSTATE OFFRAMP ONRAMP USHWY Street Names City of Temecula Boundary 0 Cities Notes 2018-19 2020-21 �. C -7;7:4i4- R Capital Improvement Program Fiscal Years 2018-22 FALLEN HEROES MEMORIAL Parks and Recreation Project Project Description: To construct a memorial honoring the fallen heroes of our community representing all service branches of the military. Project is to be located at the Temecula Duck Pond park site adjacent to the Veteran's Memorial and paver walkway. Benefit / Core Value: This project meets the Quality of Life Master Plan goals and objectives and satisfies the City's Core Value of a Healthy and Livable City. Project Status: This project is estimated to be completed by June 30, 2018. Department: Public Works / City Manager's Office - Account No. 210.190.115 PW 17-07 Level: I Project Cost: Prior Years FYE 2017 2017-18 2021-22 Actual Carryover Adopted 2018-19 2019-20 2020-21 Projected and Total Project Expenditures Budget Appropriation Projected Projected Projected Future Years Cost Administration $ 25,000 $ 25,000 Construction $ 100,000 $ 100,000 Design/Environmental $ 25,000 $ 25,000 Totals $ - $ - $ 150,000 $ - $ - $ - $ $ 150.000 Source of Funds: Prior Years FYE 2017 2017-18 Actual Carryover Adopted 2018-19 2019-20 2020-21 Expenditures Budget Appropriation Projected Projected Projected 2021-22 Projected General Fund Total Funding: $ 150,000 $ 150,000 Future Operation & Maintenance Costs 2017-18 2019-20 Total Project Cost $ 150, 000 $ 150,000 2021-22 Fiscal Years 2018-22 Capital Improvement Program 153 Item No. 12 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: March 13, 2018 SUBJECT: Approve the First Amendment to the Purchase and Installation Agreement with Miracle Recreation Equipment Company for Vail Ranch Park Playground Equipment Replacement, PW 17-10 PREPARED BY: Stacy Fox, Parks and Landscape Maintenance Supervisor RECOMMENDATION: That the City Council approve the First Amendment to the Purchase and Installation Agreement with Miracle Recreation Equipment Company for additional services for the Vail Ranch Park Playground Equipment Replacement Project. BACKGROUND: On June 13, 2017, City Council approved the Purchase and Installation Agreement with Miracle Recreation Equipment Company for Vail Ranch Park Playground Equipment Replacement for $342,301.62, to include demolition, disposal of existing play equipment, site preparation, complete installation of new equipment, and safety surfacing materials. During construction and installation, it has been determined that perimeter hardscape must be removed and replaced to include new ADA ramps, concrete curbs and sidewalk improvements to meet current ADA compliance for an additional cost of $5,200. FISCAL IMPACT: Adequate funds are available in the Playground Equipment Enhancement and Safety Surfacing project, identified in the Capital Improvement Program (CIP) budget for Fiscal Years 2018-22. With the approval of the First Amendment of $5,200 for additional services, the total contract amount is $347,501.62. ATTACHMENTS: First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MIRACLE RECREATION EQUIPMENT COMPANY VAIL RANCH PARK PLAYGROUND EQUIPMENT REPLACEMENT THIS FIRST AMENDMENT is made and entered into as of March 13, 2018 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Miracle Recreation Equipment Company, a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 13, 2017, the City and Contractor entered into that certain Agreement entitled "Agreement for Vail Ranch Park Playground Equipment Replacement," in the amount of $342,301.62. b. The parties now desire to add scope of work, increase the payment in the amount of $5,200, and to amend the Agreement as set forth in this Amendment. 2. Section 3 of the Agreement entitled "Purchase/Installation Price" at paragraph "a" is hereby amended to read as follows: The Purchase Price which City agrees to pay to Contractor for the Equipment is Three Hundred Forty Two Thousand Three Hundred One Dollars and Sixty -Two Cents ($342,301.62). The FIRST Amendment amount shall not exceed Fifty Two Hundred Dollars ($5,200), for additional services for a total Agreement amount of Three Hundred Forty Seven Thousand Five Hundred One Dollars and Sixty -Two Cents ($347,501.62). 3. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 12/28/2017 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA MIRACLE RECREATION EQUIPMENT COMPANY (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Matt Rahn, Mayor Kevin Walker, Manager ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR �41 f(144Brenda McCl, er Miracle Recreation Equipment Company Contact: Kelly Spence PO Box 204757 Dallas, TX 75320-4757 Phone: Fax: E -Mail: 2 PM Initialt: Date: 12/28/2017 ATTACHMENT A EXHIBIT B Attached hereto and incorporated herein is the additional scope of work as provided by the Contractor. 3 12/28/2017 *Miracle Miracle Recreation Equipment Co PO Box 204757 Dallas TX 75320-4757 Web Site www.miracle-recreation.com phone tt800-264-7225 Fax# 877-215-3869 E-mail sates@miracleplayground.com WE HAVE A NEW REMITTANCE ADDRESS! ALL PURCHASE ORDERS & PAYMENTS MUST BE MADE OUT TO: Miracle Recreation Equipment Co PO Box 204757 Dallas, TX 75320-4757 QUOTATION Date Estimate 4 12/20/2017 2017-12292 Name/Billing Address Ship To City of Temecula 41000 Main St. Temecula, CA 92590 Civic Center 41000 Main St. Temecula, CA 92590 Project Terms Rep FOB Vail Ranch Park Net 30 Brett factory Item Description Qty Rate Total Site Work Demo (3) existing handicapped ramps Pour, place and finish concrete curb and flat work necessary to closley match existing, Reinstall 2 new ADA ramps (61 x 5'w) with a 60° turn down at all edges 1 5,200.00 5,200.00 This Quote is Valid •or 30 Days Subtotal $5,200.00 This quote shall not become binding until signed and delivered by both customer and Miracle Recreation "Miracle". To submit this offer, please sign and forward a complete copy of this quote via fax to 877-215-3869 or email sales@miracleplayground.com. Sales Tax (8.75%) $0.00 Total $5,200.00 THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN Miracle objects to any other terms proposed by the customer in writing or otherwise, as materials alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the equipment and agrees to pay Miracle the total amount specified Shipping terrns are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net 30 days from invoice with approved credit and all charges are due and payable in full at PO Box 204757 Dallas TX 7532-4757 unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the equipment at its own expense Purchase orders and payments should be made to Miracle Recreation. Signature Item No. 13 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: March 13, 2018 SUBJECT: Approve the First Amendment to Agreement with Mike's Precision Welding, Inc. for Welding Maintenance Services PREPARED BY: Julie Tarrant, Senior Management Analyst RECOMMENDATION: That the City Council approve the First Amendment to the Agreement with Mike's Precision Welding, Inc., in the amount of $70,000, for a total agreement of $100,000, and extend the terms to June 30, 2020. BACKGROUND: On September 21, 2015, the City entered into an agreement with Mike's Precision Welding, Inc., to provide metal fabrication and welding maintenance services as needed for various park sites and facilities throughout the City. The current contract provides for services up to $30,000; however, due to an overwhelming need for additional maintenance services and to ensure we address our current emergency and safety concerns, staff is recommending to extend the term of the agreement and increase the contract amount. The First Amendment will increase the agreement $70,000 for a total amount of $100,000, in effect to June 30, 2020. The approval of this amendment will allow Public Works staff to continue the proper maintenance of the city's infrastructure. FISCAL IMPACT: Adequate funds are available in the Facilities and Parks Maintenance Divisions of Public Works for Fiscal Year 2017-18; will be made available in each following Fiscal Years' Annual Operating Budget. ATTACHMENTS: First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MIKE'S PRECISION WELDING, INC. FOR WELDING MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of March 13, 2018 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Mike's Precision Welding, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes a. On September 21, 2015, the City and Contractor entered into that certain Agreement entitled "Agreement for Welding Maintenance Service," in the amount of $30,000. b. The parties now desire to extend the term of the agreement to June 30, 2020, and increase the payment in the amount of $70,000, and to amend the Agreement as set forth in this Amendment. 2 Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2020 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Seventy Thousand Dollars ($70,000), for additional Maintenance Services for a total Agreement amount of One Hundred Thousand Dollars and No Cents ($100,000). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Mike's Precision Welding, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Matt Rahn, Mayor Mike Prunty, President ATTEST: By: By: Randi Johl, City Clerk Jeanette Prun icer APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Mike's Precision Welding, Inc. Contact Person: Mike Prunty P.O. Box 891929 Temecula, CA 92589 Phone Number: 951.676.4744 Fax Number: 951.699.3638 2 PM Initials: 1 Date: Item No. 14 City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: March 13, 2018 SUBJECT: Accept Improvements and File the Notice of Completion for the Old Town Sidewalk Improvement Project, PW 15-06 PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer - CIP Chris White, Associate Engineer I - CIP RECOMMENDATION: That the City Council: 1. Accept the improvements for the Old Town Sidewalk Improvement Project, PW15-06, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the Contract amount; 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: On April 25, 2017, the City Council awarded a Construction Contract to Leonida Builders, Inc., in the amount of $265,150, and authorized the City Manager to approve change orders not to exceed a 10% contingency of $26,515 to complete the Old Town Sidewalk Improvement Project, PW 15-06. The Old Town Sidewalks Improvement Project, included in the City's five-year Capital Improvement Program, will provide walking surfaces for pedestrians. In addition, this project satisfies the City's Core Values of Transportation Mobility and Connectivity. The proposed work includes installing new ADA ramps, sidewalks, and street widening. The Contractor has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of one year from September 13, 2017, the date the City will obtain "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 Old Town Sidewalks Improvement Project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2017-21, and is funded with Community Development Block Grant (CDBG) funds and an appropriation of $110,000 from Measure "A". The Contract amount was $255,507.00, the approved contract change orders totaled $22,835.20, for a total project cost of $278,342.20. ATTACHMENTS: 1. Notice of Completion 2. Contractor's Affidavit and Final Release 3. Maintenance Bond RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 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 Leonida Builders, Inc, 15821 Live Oak Springs Canyon Road, Santa Clarita, Ca. 91387 to perform the following work of improvement: Old Town Sidewalks Improvement Project Project No. PW 15-06 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 March 13, 2018. That upon said contract Allegheny Casualty Company, 2400 Katella Avenue, Suite 250, Anaheim, Ca. 92806, 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: OId Town Sidewalks Improvement Project Project No. PW 15-06 6. The location of said property is: OId Town Front Street between Moreno Road north and Moreno Road south and Fifth Street Improvements, Temecula, California. Dated at Temecula, California, this 13th day of March, 2018. City of Temecula Randi Johl, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, 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 March, 2018. City of Temecula Randi Johl, City Clerk CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for OLD TOWN SIDEWALKS IMPROVEMENT PROJECT (East Side of Old Town Front Street from South Moreno Road to North Moreno Road, and South Side of Fifth Street from Mercedes Street to Old Town Front Street) PROJECT NO. PW15-06 This is to certify that Leonida Builders 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 OLD TOWN SIDEWALKS IMPROVEMENT PROJECT (East Side of Old Town Front Street from South Moreno Road to North Moreno Road, and South Side of Fifth Street from Mercedes Street to Old Town Front Street), PROJECT NO. PW15-06, situated in the City of Temecula, State of California, more particularly described as follows: FIFTH STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET, TEMECULA CA 92590 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 Unprocessed payment applications due to contractor $75,301.55 Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above. Dated: Feb. 13, 2018 By: CONTRACTQ 1�: ,i Signature Panagiotis Leonida, President Print Name and Title RELEASE R.t CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS BOND NO. SXACSLZ0691297 MAINTENANCE BOND for OLD TOWN SIDEWALKS IMPROVEMENT PROJECT (East Side of Old Town Front Street from South Moreno Road to North Moreno Road, and South Side of Fifth Street from Mercedes Street to Old Town Front Street) PROJECT NO. PW15-06 KNOW ALL PERSONS BY THESE PRESENT THAT: a Leonida Builders, Inc, -15821 Live Oak Springs Canyon Rcj_Santa,ClatiO GA 91387 NAME AND ADDRESS OF CONTRACTOR Corporation (hereinafter called "Principal"), and (Fill in whether a Corporation, Partnership, or Individual) Allegheny Casualty Company -2400 E. KatellaAve # 250 Anaheim, CA 92806 NAME AND ADDRESS OF SURETY (hereinafter called "Surety") are held and firmly bound unto City of Temecula (hereinafter called "Owner') in the penal sum OfTwenty•Eight Thousand Seven Hundred Ninety Eight DOLLARS AND Fifty -Two CENTS ($ 28,798.52 ) in lawful money of the United States, said sum being not less than ten percent (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 this 25th day of April , 20 17 a copy of which is hereto attached and made a part hereof for the construction OLD TOWN SIDEWALKS IMPROVEMENT PROJECT (East Side of Old Town Front Street from South Moreno Road to North Moreno Road, and South Side of Fifth Street from Mercedes Street to Old Town Front Street), PROJECT NO. PW15-06. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 13th day of September , 2017. 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. MAINTENANCE BOND MB -1 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 attomeys' fees incurred by the City of Temecula in successfully enforcing this obligation. all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall In any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 5th day of February , 2018 , 2007 (Seal) SURETY: By. (Name) (Title) PRINCIPAL: By: Kyle T. Baker Panagiotis Leonida Attorney -in -Fact APPROVED AS TO FORM (Name) (Title) By: President (Name) Peter M. Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. MAINTENANCE BOND MB -2 POWER OF ATTORNEY Bond # INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY One Newark Center, 209i Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 KNOW ALL MEN BY THESE PRESENTS That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office In the City of Newark, New Jersey, do hereby constitute end appoint TIMOTHY C. BAKER, KAREN A. EBY, KYLE T. BAKER. Murrietta, CA. their true and lawful attorney(s)-in-fact to execute. seal and deliver for and on its behalf as surety any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed required or permitted by law statute, rule. regulation, contract or otherwise and the execution of such instrument(s) In pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply. to all intents and purposes. as if the same had been duly executed and acknowledged by their regularly elected officers al their principal offices. This Power of Attorney is executed and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY al a meeting duly held on the 10th day of July, 2015 "RESOLVED, that (1) the Chief Executive Officer, President. Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fart with authority to execute waivers and consents on behat of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attomey or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation In the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2016 STATE OF NEW JERSEY County of Essex George R James Executive Vice President (International Fidelity Insurance Company) and Vice President (Allegheny Casualty Company) On this 31st day of December, 2016 before me came the individual who executed the preceding instrument, to me personally known, and. being by me duly swom, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies that the said Corporate Seals and his signature were duty affixed by order of the Boards of Directors of said Companies •.,`` ,,, 11 ,,, '',. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, p'�FiY CR New Jersey the day and year first above wntten. 13: (..)/ ... PUBLIC_ y. 1/111)75 ,n9.°4. lax°?9.•�'zy�: �• ° NEW 'c CERTIFICATION Cathy Cnr7 a Notary Public of New Jersey My Commission Expires April 16, 2019 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF. I have hereunto set my hand on this day. A02155/ Diamond Valley Insurance Services, Inc. 6 Matii1/~ Maria H Branco, Assistant Secretary CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of41/16/Lee- On5/41_ 74(fore me personally appeared who pro epi to me on the basis of s sfactory evidence to be the personj„aif whose instrument and acknowledged to me that isijecitf authorized capacity), and that by afw�q• of ttv omc«I r.Pit �. rpame = s,(,�r� subscribed to the wi = • /ty executed the same in _ his/ fii1ir signature, z1 on the instrument the person)4, or the entity upon behalf of ich the personss'f 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. Notary - blit Signature • I. Notary Public Seal) 2 L k EBY COMM. #2156615 Notary Public • California g Riverside County Comm. ' 12020+ ADDITIONAL OPTIONAL INFORMAT ON This fiINSTRUCTIONS FOR COMPLETING THIS FORM u•m complies with current California wander regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT If needed, should be contpleled and attached to the document Acknowledgments from other states may be completed for documents being sent to that state so long as the ',lording does not require the California notary to violate California notary lair (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER D Individual (s) O Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other • State and County information must be the State and Counts where the document signers) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing otf incorrect forms (i.e. he she the)- is are) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible. Impression must not corer text or lines. If seal impression smudges. re -seal if a sufficient area permits. otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. ▪ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document •b Indicate title or ty pe of attached document. number of pages and date. • Indicate the capacity claimed be the signer if the claimed capacih is a corporate officer. indicate the title 0 e CEO. CFO. Secretary). • Securely attach this document to the signed document with a staple TEMECULA COMMUNITY SERVICES DISTRICT CONSENT Item No. 15 ACTION MINUTES February 27, 2018 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District meeting convened at 7:28 PM CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero CSD PUBLIC COMMENTS - None CSD CONSENT CALENDAR 10 Approve the Action Minutes of February 13, 2018 - Approved Staff Recommendation (5-0); Motion by Rahn, Second by Stewart; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 10.1 That the Board of Directors approve the action minutes of February 13, 2018. JOINT CITY COUNCIL/COMMUNITY SERVICES DISTRICT MEETING 11 Approve Fiscal Year 2017-18 Mid -Year Budget Adjustments - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Edwards; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 11.1 That the City Council/TCSD Board of Directors adopt the following resolutions entitled: RESOLUTION NO. 18-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE FISCAL YEAR 2017-18 ANNUAL OPERATING BUDGET, AND THE BUDGET AND FISCAL POLICIES RESOLUTION NO. CSD 18-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AMENDING THE FISCAL YEAR 2017-18 ANNUAL OPERATING BUDGET CSD Action Minutes 022718 1 RESOLUTION NO. 18-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CAPITAL IMPROVEMENT PROGRAM FISCAL YEARS 2018-22 AND AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2017-18 FOR THE EMERGENCY OPERATIONS CENTER IMPROVEMENTS PROJECT ADJOURNMENT OF JOINT MEETING CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:51 PM, the Community Services District meeting was formally adjourned to Tuesday, March 13, 2018, at 5:30 PM for a Closed Session, with a regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Randi Johl, Secretary [SEAL] CSD Action Minutes 022718 2 JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY SERVICES COMMISSION Item No. 16 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: March 13, 2018 SUBJECT: Conduct Annual Joint Meeting Between the City Council and the Community Services Commission PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council conduct the annual joint meeting between the City Council and the Community Services Commission. BACKGROUND: On January 26, 2016 the City Council approved an amendment to the role and authority of Board and Commission Members, as set forth in the Board and Commission Handbook, to include annual joint meetings between the City Council and each board and/or commission. At the annual joint meeting, each board and/or commission will provide a brief overview of the previous year highlights, anticipated activities for the upcoming year, and take further direction from the City Council as necessary. The schedule for the 2018 annual joint meetings is as follows: Planning Commission (February 13, 2018), Old Town Local Review Board (February 13, 2018), Public Traffic/Safety Commission (February 27, 2018), and Community Services Commission (March 13, 2018). FISCAL IMPACT: None ATTACHMENTS: None REQUESTS TO SPEAK I wish to speak on: Public Comment Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: Circle One: CITY COUNCIL / CSD / SARDA / THA / TPFA sl �� \:\ Agenda Item No. For Against zot.(e) Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. 1� Name: �"[� Phone Number: Address: Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional.