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091019 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA SEPTEMBER 10, 2019 - 7:00 PM CLOSED SESSION - 6:00 P.M. Conference with Real Property Negotiators. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding the potential conveyance of approximate 1.41-acre and 1.57-acre City -owned property identified as APN 953-050-001 (located on La Serena Way, southwest of Rancho Elementary School at 31530 La Serena Way) and APN 919-273-008 (located between Del Rey Road and La Serena Way, frontage on Del Rey Road, between 31195 and 31245 Del Rey Road), respectively, in exchange for an approximate 4.75-acre portion of the Temecula Elementary School pool and ball fields identified as APN 921-310-002. The parties to the negotiations for the potential sale and purchase of these property interests are Temecula Valley Unified School District and the City of Temecula. Negotiators for the City of Temecula are: Aaron Adams, Peter Thorson, Greg Butler, Pat Thomas, and Kevin Hawkins. Under negotiation are price and terms of the potential conveyance and purchase of these property interests. Conference with Real Property Negotiators. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding the potential purchase of property located at the northerly City limits, adjacent and to the west of southbound Interstate 15 and to the east of Madison Avenue (APN 910-262-003); on the south side of the French Valley Parkway southbound off ramp, at the end of McCabe Court Cul-de-Sac, and to the east of APN 910-262-010 (APN 910-262-009); at the southeast corner of Jefferson Avenue and French Valley Parkway southbound off ramp (APN 910-262-010); and adjacent and to the west of southbound Interstate 15, to the east of Madison Avenue, and just south of APN 910-262-003 (APN 910-272-001). The parties to the negotiations for the potential sale and purchase of these property interests are the City of Temecula and Hoffman Investments. Negotiators for the City of Temecula are: Aaron Adams, Peter Thorson, Greg Butler, and Pat Thomas. Under negotiation are price and terms of the potential purchase of these property interests. Page 1 City Council Agenda September 10, 2019 CALL TO ORDER: Mayor Mike Naggar PRELUDE MUSIC: Susan Miyamoto INVOCATION: TBD FLAG SALUTE: Council Member Zak Schwank ROLL CALL: Edwards, Rahn, Schwank, Stewart, Naggar PRESENTATIONS/PROCLAMATIONS Certificate of Achievement to Shawn R. Bishop (Troop #384) for Eagle Scout Rank Proclamation Regarding Constitution Week Proclamation Regarding Purple Heart City Proclamation Regarding National Manufacturing Day PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the City Council on items that appear on the Consent Calendar 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. For all Public Hearing or 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. On those items, each speaker is limited to five minutes. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports. CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. 1. Waive Reading of Standard Ordinances and Resolutions 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. Attachments: Agenda Report 2. Approve the Action Minutes of August 27, 2019 Recommendation That the City Council approve the action minutes of August 27, 2019. Page 2 City Council Agenda September 10, 2019 Attachments: Action Minutes 3. Approve the List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Attachments: Agenda Report Resolution List of Demands 4. Approve the Sponsorship Agreement with Valley of the Mist Quilt Guild for the Old Town Temecula Outdoor Quilt Show (At the Request of Subcommittee Members Mayor Pro Tern Stewart and Council Member Edwards) Recommendation: That the City Council approve the sponsorship agreement with Valley of the Mist Quilt Guild for in -kind support valued at $1,050 for City support and $11,415 for promotional services. Attachments: Agenda Report Agreement 5. Annrove the Sponsorshib Agreement with Inland Vallev Business & Community Foundation dba TEDx for TEDx Temecula (At the Request of Subcommittee Members Mayor Pro Tem Stewart and Council Member Edwards) Recommendation: That the City Council approve the sponsorship agreement with Inland Valley Business & Community Foundation dba TEDx Temecula for $11,415 of in -kind promotional services and $2,500 in economic development funding. Attachments: Agenda Report Agreement 6. Annrove the Sponsorshib Agreement with Old Town Temecula Gunfighters for Western Days 2019 At the Request of Subcommittee Members Mayor Pro Tern Stewart and Council Member Edwards Recommendation: That the City Council approve the sponsorship agreement with Old Town Temecula Gunfighters for in -kind support valued at $700 for City support, $11,415 for promotional services, and $4,000 in economic development funding. Page 3 City Council Agenda September 10, 2019 7. 8. 9. 10. Attachments: Agenda Report Agreement Approve the Purchase of the Fiscal Year 2019-20 Software Support and Maintenance for Tyler Technologies Suite of Products Recommendation: That the City Council: 1. Approve the purchase of software support and maintenance for the Tyler EnerGov Permitting System, in the amount not to exceed $86,096.20; and 2. Authorize the City Manager to approve a contingency in an amount not to exceed $8,609.62, which is equal to 10% of the total amount. Attachments: Agenda Report Invoice Approve a Sponsorship Agreement with Trauma Intervention Program of Southwest Riverside County, Inc. for Traumatic Incident Citizen Support Recommendation: Attachments: 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. Agenda Report Agreement Approve an Agreement with Ford of Chula Vista for the Purchase of Three (3) 2020 Ford Ranger XL Supercab Trucks Recommendation: That the City Council approve an agreement with Ford of Chula Vista, in the amount of $81,885.48, for the purchase of three (3) 2020 Ford Ranger XL Supercab trucks. Attachments: Agenda Report Agreement Approve an Annual Professional Services Agreement with Overland, Pacific & Cutler, LLC for Property Acquisition Services for the Department of Public Works for Fiscal Years 2020-2024 Recommendation: That the City Council approve an annual professional services agreement with Overland, Pacific & Cutler, LLC for property acquisition services for the Department of Public Works for Fiscal Years 2020-2024, in the amount of $60,000 annually, for a total agreement amount of $300,000 for the period of five years. Attachments: Agenda Report Agreement Page 4 City Council Agenda September 10, 2019 11. Approve the Agreement for Consultant Services with Mark Thomas & Company, Inc. for the I-15 Congestion Relief Project, PW19-02 Recommendation Attachments: That the City Council: 1. Approve the acceleration of $100,000.00 of General Fund from FY2020-21 to the current FY2019-20; 2. Approve an additional appropriation of $651,724.80 of General Fund to the I-15 Congestion Relief Project, PW 19-02; 3. Approve the agreement for consultant services with Mark Thomas & Company, Inc., in the amount of $1,001,568.00, to provide professional design and environmental services for the I-15 Congestion Relief Project; 4. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $100,156.80, which is equal to 10% of the agreement amount. Agenda Report Agreement Project Description Project Location 12. Award a Construction Contract to American Ram Ronald Reagan Sports Park Pump Track, PW 18-04 Recommendation: That the City Council: Inc. for the Construction of the 1. Approve an appropriation of $160,000 from Quimby Fees to the Ronald Regan Sports Park Pump Track, PW 18-04; 2. Award a construction contract to American Ramp Company, Inc. in the amount of $366,200.00 for the Ronald Reagan Sports Park Pump Track, PW 18-04; 3. Authorize the City Engineer to approve change orders not to exceed the contingency amount of $38,300.00, which is approximately 10% of the contract amount; 4. Make a finding that the Ronald Reagan Sports Park Pump Track, PW 18-04 is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Page 5 City Council Agenda September 10, 2019 13. 14. Attachments: Agenda Report Contract. Project Description Project Map Award a Construction Contract to Onyx Paving CoMpany, Inc. for the Pavement Rehabilitation Program - Citywide, Moraga Road, Yukon Road, and La Serena Way, PW 19-06 Recommendation: That the City Council: 1. Award a construction contract to Onyx Paving Company, Inc. in the amount of $876,000.00, for the Pavement Rehabilitation Program - Citywide, Moraga Road, Yukon Road, and La Serena Way, PW 19-06; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $87,600.00, which is equal to 10% of the contract amount; 3. Make a finding that the Pavement Rehabilitation Program - Citywide, Moraga Road, Yukon Road, and La Serena Way, PW 19-06 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Attachments: Agenda Report Contract Project Description Project Location Maps Accept Improvements and File the Notice of Completion for Park Restrooms Renovations, Expansion and ADA Improvements Project, PW 17-06 Recommendation: That the City Council: 1. Accept the improvements performed by TWM Roofing, Inc., for the Park Restrooms Renovation, Expansion and Americans with Disability Act (ADA) Improvements Project, PW 17-06, 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 contract amount; 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. Page 6 City Council Agenda September 10, 2019 Attachments: Agenda Report Notice of Completion Affidavit and Final Release Maintenance Bond Project Location Map RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY Page 7 City Council Agenda September 10, 2019 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President James "Stew" Stewart ROLL CALL: Edwards, Naggar, Rahn, Schwank, Stewart 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 on 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 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 addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward. For all Public Hearing or Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board addressing that item. On those items, each speaker is limited to five minutes. CSD CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 15. Approve the Action Minutes of August 27, 2019 Recommendation: That the Board of Directors approve the action minutes of August 27, 2019. Attachments: Action Minutes 16. Approve a Sponsorship Agreement with the Temecula Valley Woman's Club for Use of the Community Recreation Center (CRC) Kitchen and Multi -Purpose Room Recommendation: That the Board of Directors approve a sponsorship agreement with the Temecula Valley Woman's Club for in -kind facility use in the amount of $1,342 for the use of the Community Recreation Center (CRC) kitchen and multi -purpose room. Attachments: Agenda Report Agreement CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS CSD ADJOURNMENT Page 8 City Council Agenda September 10, 2019 The next regular meeting of the Temecula Community Services District will be held on Tuesday, September 24, 2019, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 9 City Council Agenda September 10, 2019 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO MEETING TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING RECONVENE TEMECULA CITY COUNCIL DEPARTMENTAL REPORTS 17. City Council Travel/Conference Report Attachments: Agenda Reprt Itinerary COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, September 24, 2019, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444. Page 10 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: September 10, 2019 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, Director of Legislative Affairs/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 COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA AUGUST 27, 2019 - 7:00 PM CLOSED SESSION - 6:00 P.M. Conference with Legal Counsel - Pending Litigation. The City Council convened in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: City of Temecula v. Nature Works, Inc., et al., Riverside County Superior Court Case No. MCC 1700830. CALL TO ORDER at 7:00 PM: Mayor Mike Naggar PRELUDE MUSIC: Ally Negulescu INVOCATION: Aaron Adams FLAG SALUTE: Council Member Matt Rahn ROLL CALL: Edwards, Rahn, Schwank, Stewart, Naggar PRESENTATIONS/PROCLAMATIONS Presentation Regarding City Workforce Programs PUBLIC COMMENTS The following individuals addressed the City Council on non-agendized items: • Bill Veale • Dr. Helen Horvath The following individuals addressed the City Council on agendized items: • Robert Visconti (5) • Pam Nelson (5) • Scott Smith (5) • Rebecca Farnbach (17) • Margaret Meyncke (5) CITY COUNCIL REPORTS CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Schwank. The electronic vote reflected unanimous approval. 1. Waive Reading of Standard Ordinances and Resolutions 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. 2. Approve the Action Minutes of August 13, 2019 Recommendation: That the City Council approve the action and joint action minutes of August 13, 2019. 3. Approve the List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 19-53 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 June 30, 2019 Recommendation: That the City Council approve and file the City Treasurer's Report as of June 30, 2019. 5. Adopt a Resolution Supporting Balanced Energy and Maintaining Local Control of Energy Solutions Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 19-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING BALANCED ENERGY SOLUTIONS AND MAINTAINING LOCAL CONTROL OF ENERGY SOLUTIONS Approved the Staff Recommendation (3-0, with Naggar and Rahn abstaining): Motion by Edwards, Second by Schwank. The electronic vote reflected unanimous approval with Naggar and Rahn abstaining. City Attorney announced that Council Member Rahn will not participate in this matter due to the fact that he is an officer of a non-profit group, Californians for Balanced Energy, that is participating in the statewide discussion of these issues. 6. Approve the Sponsorship Agreement with Michelle's Place for the Walk of Hope Event (At the Request of Subcommittee Members Mayor Pro Tempore Stewart and Council Member Edwards) Recommendation: That the City Council approve the sponsorship agreement with Michelle's Place for in -kind support valued at $600 for City support and $11,415 for promotional services. 7. Approve a Consultant Services Agreement with SoftResources, LLC, for Citywide Financial System Upgrade Consulting Services Recommendation: That the City Council: 1. Approve a Consultant Services Agreement for SoftResources, LLC in an amount not to exceed $283,920 for citywide financial system upgrade consulting services; 2. Authorize the City Manager to approve contract change orders up to 10% of the contract amount or $28,392. 8. Approve the First Amendment to Lease Agreement Between the City of Temecula and Mt. San Jacinto College (At the Request of Subcommittee Members Mayor Na ggar and Council Member Rahn) Recommendation: That the City Council approve the First Amendment to the Lease Agreement Between the City of Temecula and Mt. San Jacinto College. 9. Approve the Contingency Increase for Overland Drive Extension, PW 16-06 Recommendation: That the City Council: 1. Approve an increase to the project contingency in the amount of $57,657.23 for the Overland Drive Extension, PW16-06; 2. Increase the City Manager change orders approval authority in the amount of $57,657.23. 10. Approve the Water Quality Management Plan Alternative Compliance Agreement for Tniax Hotel Recommendation: That the City Council: 1. Approve entering into the proposed Water Quality Management Plan Alternative Compliance Agreement, in substantially the form presented, and authorize the City Manager to execute said agreement. 2. Establish Fund 105 - "NPDES In Lieu Fees" and appropriate $310,764.57 in revenue for Fiscal Year 2019-20. Approved the Staff Recommendation (4-0, with Naggar abstaining): Motion by Stewart, Second by Schwank. The electronic vote reflected unanimous approval with Naggar abstaining. The electronic vote reflected unanimous approval with Naggar abstaining. Mayor Naggar abstained from this item. There was a potential conflict of interest for him with respect to the principal of the Applicant, Mr. Truax, although it turned out not to be a conflict. In the abundance of caution, Mayor Naggar elected not to participate in order to avoid the appearance of impropriety. Since the item is on the Consent Calendar, Mayor Naggar did not need to leave the dais unless the item was removed from the Consent Calendar which it was not and his abstention is reflected in the vote. 11. Approve the Transportation Uniform Mitigation Fee (TUMF) Funds Reimbursement Agreement with Western Riverside Council of Governments (WRCOG) for the Diaz Road Expansion (Western Bypass - Rancho California Road to Cherry Street) Project - Planning and Engineering Phases, Project No. PW17-25 Recommendation: That the City Council approve the Transportation Uniform Mitigation Fee (TUMF) Funds Reimbursement Agreement with Western Riverside Council of Governments (WRCOG) for the Diaz Road Expansion (Western Bypass — Rancho California Road to Cherry Street) Project - Planning and Engineering Phases, Project No. PW17-25, and authorize the City Manager to execute the agreement. 12. Approve the Agreements with Rancho California Water District (RCWD) for Recycled Water Service for the Expanded Recycled Water Conversion Project, Project No. PW 17-29 Recommendation: That the City Council approve the agreements with Rancho California Water District (RCWD) for recycled water service for the Expanded Recycled Water Conversion Project, Project No. PW 17-29. 13. Accept Improvements and File Notice of Completion for Traffic Signal Installation - Redhawk ParkwayNail Ranch Parkway at El Chimisal Road/Tehachapi Pass Project No. PW 15-09 Recommendation: That the City Council: 1. Approve an increase to the project contingency in the amount of $7,160.53 for Traffic Signal Installation - Redhawk ParkwayNail Ranch Parkway at El Chimisal Road/Tehachapi Pass Project No. PW 15-09; 2. Increase the City Manager's Change Order Approval Authority in the amount of $7,160.53; 3. Accept the improvements for Traffic Signal Installation — Redhawk ParkwayNail Ranch Parkway at El Chimisal Road/Tehachapi Pass Project No. PW15-09, as complete; 4. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the amount of the contract amount; 5. Release the Labor and Materials Bond seven (7) months after fling the Notice of Completion, if no liens have been filed. RECESS: At 7:47 PM, the City Council recessed and convened as the Temecula Community Services District Meeting, and Successor Agency to the Temecula Redevelopment Agency Meeting. At 7:49 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL BUSINESS 16. Approve the Traffic Calming Measures Identified in the Redhawk ParkwUNail Ranch Parkway Traffic Analysis Recommendation: That the City Council approve the recommended traffic calming measures identified in the Redhawk Parkway/Vail Ranch Parkway Traffic Calming Analysis prepared by Willdan Engineering. Approved the Staff Recommendation (4-0, with Rahn abstaining): Motion by Edwards, Second by Schwank. The electronic vote reflected unanimous approval with Rahn abstaining and leaving the dais during the consideration of this item due to the proximity of his primary residence to the subject location. 17. Approve a Resolution Adopting the Mills Act Program (At the Request of Mayor Tempore Stewart) Recommendation: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 19-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A MILLS ACT PROGRAM INCLUDING DEVELOPMENT OF AN APPLICATION PROCESS, AND REQUIRED CONTRACT PROVISIONS FOR IMPLEMENTATION OF THE ACT AND MAKING THE DETERMINATION THAT THE PROPOSED PROJECT IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LONG RANGE PLANNING PROJECT NO. LR16-1483) 2. Direct staff to draft an agreement, for future Council consideration, with the Temecula Valley Historic Society to act in an advisory capacity for the Mills Act Program; 3. Direct staff to conduct a fee study of the Mills Act Program for consideration at a future date. Approved the Staff Recommendation (5-0): Motion by Naggar, Second by Stewart. The electronic vote reflected unanimous approval. 18. Consider Methodology of Appointments to the City's Boards and Commissions and Provide Direction (At the Request of Council Members Rahn and Stewart) Recommendation: That the City Council consider the methodology of appointment to the City's boards and commissions and provide general direction regarding the same. No Motion, Direction Only DEPARTMENTAL REPORTS 19. Community Development Department Monthly Report 20. Fire Department Monthly Report 21. Public Works Department Monthly Report COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT The City Attorney stated there was no reportable actions for closed session. ADJOURNMENT At 10:30 PM, the City Council meeting was formally adjourned to Tuesday, September 10, 2019, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: September 10, 2019 SUBJECT: Approve the List of Demands PREPARED BY: Jennifer Hennessy, Director of Finance Jada Shafe, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 19- 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. 19- 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 $8,703,035.11 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 loth day of September, 2019. Michael S. Naggar, 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. 19- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the I Oth day of September, 2019, 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 08/15/2019 TOTAL CHECK RUN: 08/22/2019 TOTAL CHECK RUN: 08/22/2019 TOTAL PAYROLL RUN: 6,955,350.13 1,212,416.83 535,268.15 TOTAL LIST OF DEMANDS FOR 09/10/2019 COUNCIL MEETING: $ 8,703,035.11 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERALFUND $ 4,144,594.82 125 PEG PUBLIC EDUCATION & GOVERNMENT 1,138.93 140 COMMUNITY DEV BLOCK GRANT 3,213.21 165 AFFORDABLE HOUSING 8,252.51 170 MEASURE A FUND 274,904.34 190 TEMECULA COMMUNITY SERVICES DISTRICT 209,951.42 192 TCSD SERVICE LEVEL B STREET LIGHTS 78,684.42 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 44,603.49 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 22,208.41 197 TEMECULA LIBRARY FUND 20,632.27 210 CAPITAL IMPROVEMENT PROJECTS FUND 2,819,323.76 300 INSURANCE FUND 65,795.88 305 WORKERS' COMPENSATION 332.55 310 VEHICLE AND EQUIPMENT FUND 25,748.02 320 INFORMATION TECHNOLOGY 142,264.01 325 TECHNOLOGY REPLACEMENT FUND 78,851.20 330 CENTRAL SERVICES 8,132.91 340 FACILITIES 64,328.36 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 64.80 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 64.89 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 64.89 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 75.81 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 64.89 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 86.79 478 CFD 16-01 RORIPAUGH PHASE II 64.89 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 4,452.84 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 3,445.77 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 5,055.97 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 630.11 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 3,172.43 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 2,464.05 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 1,117.26 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 11,718.22 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 190.69 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 595.41 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 137.51 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 7,489.50 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 3,503.19 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 1,043.03 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 892.65 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 2,185.91 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 154.40 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 9,103.09 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 5,925.35 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 13,548.56 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 26,915.44 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 337.56 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 866.06 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 18,130.78 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 3,988.66 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 136.82 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 1,254.76 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 25,678.40 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 185.07 $ 8,167,766.96 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 300,809.69 140 COMMUNITY DEV BLOCK GRANT 681.73 165 AFFORDABLE HOUSING 4,898.30 190 TEMECULA COMMUNITY SERVICES DISTRICT 173,607.83 192 TCSD SERVICE LEVEL B STREET LIGHTS 510.88 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,312.92 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 589.69 197 TEMECULA LIBRARY FUND 2,443.31 300 INSURANCE FUND 917.07 305 WORKERS' COMPENSATION 636.38 320 INFORMATION TECHNOLOGY 34,610.36 330 CENTRAL SERVICES 4,529.63 340 FACILITIES 7,563.56 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 102.20 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 102.16 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 102.16 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 129.10 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 102.16 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 156.00 478 CFD 16-01 RORIPAUGH PHASE II 102.16 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 0.60 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 20.07 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 0.57 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 4.04 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 20.07 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 10.17 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 20.07 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 238.06 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 1.64 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 8.04 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 2.71 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 89.78 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 20.07 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 6.18 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 5.28 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 22.55 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.57 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 85.16 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 57.66 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 144.40 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 222.91 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 3.71 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 5.64 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 120.64 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 39.37 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 1.06 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 5.64 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 200.49 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.71 TOTAL BY FUND: 535,268.15 S 8.703,035.11 apChkLst Final Check List Page: 1 08/15/2019 12:53:27PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 6852 07/25/2019 010276 TIME WARNER CABLE 6853 07/25/2019 010276 TIME WARNER CABLE 6887 08/02/2019 007282 AMAZON COM INC, SYNCB/AMAZON 6888 08/09/2019 007282 AMAZON COM INC, SYNCB/AMAZON 6889 07/29/2019 010276 TIME WARNER CABLE 6890 07/29/2019 010276 TIME WARNER CABLE 6891 07/29/2019 010276 TIME WARNER CABLE 6892 07/29/2019 010276 TIME WARNER CABLE 6893 08/05/2019 010276 TIME WARNER CABLE 6894 08/05/2019 010276 TIME WARNER CABLE 6895 08/07/2019 010276 TIME WARNER CABLE 6896 08/08/2019 010276 TIME WARNER CABLE 6897 08/08/2019 010276 TIME WARNER CABLE 6898 08/08/2019 010276 TIME WARNER CABLE 6899 07/29/2019 018858 FRONTIER CALIFORNIA INC 6900 07/29/2019 018858 FRONTIER CALIFORNIA INC Description JULY INTERNET SVCS-42569 MARGARITA RD JULY INTERNET SVCS-30875 RANCHO VISTA Replacement chairs:Code Enf OFC SUPPLIES: PLANNING DEPT OFC SUPPLIES: PLANNING DEPT OFC SUPPLIES: HR DEPT OFC SUPPLIES: HR DEPT MISCAV SUPPLIES:INFO TECH JULY INTERNET SVCS-32380 DEERHOLLOW WAY JULY INTERNET SVCS-28922 PUJOL ST JULY INTERNET SVCS-41845 6TH ST JULY INTERNET SVCS-41000 MAIN ST JUL INTERNET SVCS 32364 OVERLAND TRL JULY INTERNET SVCS-40820 WINCHESTER RD AUG INTERNET SVCS-29119 MARGARITA RD AUG INTERNET SVCS-32211 WOLF VALLEY RD AUG INTERNET SVCS-30755AULD RD AUG INTERNET SVCS-41000 MAIN ST JULY INTERNET SVCS-SKATE PARK AND MPSC JULY INTERNET SVCS-CITY HALL Amount Paid Check Total 586.83 586.83 941.64 320.17 21.72 29.15 28.46 308.23 586.83 586.83 586.83 44.87 54.99 586.83 348.30 189.40 713.90 3,430.75 221.03 295.98 586.83 586.83 1,283.53 365.84 586.83 586.83 586.83 44.87 54.99 586.83 348.30 189.40 713.90 3,430.75 221.03 295.98 Page-1 apChkLst Final Check List Page: 2 08/15/2019 12:53:27PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 6901 08/01/2019 018858 FRONTIER CALIFORNIA INC JULY INTERNET SVCS-SENIOR CENTER 6902 08/01/2019 018858 FRONTIER CALIFORNIA INC JULY INTERNET SVCS-CITY HALL 6903 08/01/2019 018858 FRONTIER CALIFORNIA INC JULY INTERNET SVCS-CITY HALL 6904 08/05/2019 018858 FRONTIER CALIFORNIA INC JULY INTERNET SVCS- FIRE STATION 73 6905 08/05/2019 018858 FRONTIER CALIFORNIA INC JULY INTERNET SVCS-LIBRARY 6906 08/08/2019 018858 FRONTIER CALIFORNIA INC AUG INTERNET SVCS-THEATRE 6907 08/05/2019 002390 EASTERN MUNICIPAL WATER JULY WATER 31991 RORIPAUGH DIST VALLEY RD 6909 08/01/2019 002390 EASTERN MUNICIPAL WATER JUN WATER MURRIETA HOT SPRINGS DIST 6910 08/01/2019 002390 EASTERN MUNICIPAL WATER JUN WATER 39569 SERAPHINA RD DIST 6911 07/29/2019 000537 SO CALIF EDISON JUL 2-30-099-3847 29721 RYECREST 6912 07/29/2019 000537 SO CALIF EDISON JUL 2-28-331-4847 32805 PAUBA RD 6913 07/30/2019 000537 SO CALIF EDISON JUL 2-40-576-0232 44173 BUTTERFIELD STG 6914 07/30/2019 000537 SO CALIF EDISON JUL 2-41-072-5394 29429 TEM PKWY 6915 07/30/2019 000537 SO CALIF EDISON JUL 2-33-357-5785 44747 REDHAWK PKWY 6916 07/30/2019 000537 SO CALIF EDISON JUL 2-30-296-9522 46679 PRIMROSE AVE 6917 07/30/2019 000537 SO CALIF EDISON JUL 2-34-624-4452 32131 S LOOP RD 6918 08/02/2019 001986 MUZAK LLC AUG DISH NETWORK 41952 6TH ST Amount Paid Check Total 150.98 150.98 2,685.45 2,685.45 5,318.01 5,318.01 121.84 121.84 190.98 190.98 150.98 150.98 88.58 88.58 21.17 21.17 598.47 598.47 12.03 12.03 69.47 69.47 12.59 12.59 25.83 25.83 29.53 29.53 140.65 140.65 2,037.02 2,037.02 53.42 53.42 Paget apChkLst 08/15/2019 12:53:27PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 6919 08/02/2019 001986 MUZAK LLC AUG DISH NETWORK 43230 BUS PARK 161.27 161.27 DR 6920 08/07/2019 014486 VERIZON WIRELESS 06/11-07/10 448.48 448.48 CELLULAR/BROADBAND:CITYWIDE 6921 08/02/2019 000537 SO CALIF EDISON JUL 2-35-164-3242 44270 MEADOWS 12.18 12.18 PKWY 6922 08/02/2019 000537 SO CALIF EDISON JUL 2-35-164-3663 42335 MEADOWS 12.42 12.42 PKWY 6923 08/02/2019 000537 SO CALIF EDISON JUL 2-35-164-3515 32932 LEENA WAY 12.48 12.48 6924 08/02/2019 000537 SO CALIF EDISON JUL 2-35-164-3770 43487 BUTTERFIELD 13.98 13.98 STG 6925 08/06/2019 000537 SO CALIF EDISON JUL 2-39-732-3171 41997 MARGARITA 11.41 11.41 RD 6926 08/06/2019 000537 SO CALIF EDISON JUL 2-29-953-8249 46497 WOLF CREEK 14.88 14.88 DR 6927 08/06/2019 000537 SO CALIF EDISON JUL 2-29-953-8082 31523 WOLF VALLEY 16.10 16.10 RD 6928 08/06/2019 000537 SO CALIF EDISON JUL 2-35-707-0010 41000 MAIN ST 24.88 24.88 6929 08/06/2019 000537 SO CALIF EDISON JUL 2-29-223-8607 42035 2ND ST 497.12 497.12 6930 08/06/2019 000537 SO CALIF EDISON JUL2-00-397-5067 VARIOUS 1,041.19 1,041.19 LOCATIONS 6931 08/06/2019 000537 SO CALIF EDISON JUL 2-29-295-3510 32211 WOLF VALLEY 1,992.53 1,992.53 RD 6932 08/06/2019 000537 SO CALIF EDISON JUL 2-31-536-3226 28690 MERCEDES 2,300.47 2,300.47 ST 6933 08/05/2019 000537 SO CALIF EDISON JUL 2-35-421-1260 41955 4TH ST 9.84 9.84 6934 08/05/2019 000537 SO CALIF EDISON JUL 2-34-333-3589 41702 MAIN ST 11.31 11.31 6935 08/05/2019 000537 SO CALIF EDISON JUL 2-31-419-2873 43000 HWY 395 11.34 11.34 Page:3 apChkLst 08/15/2019 12:53:27PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 6936 08/05/2019 000537 SO CALIF EDISON JUL 2-29-657-2787 41638 WINCHESTER 11.34 11.34 RD 6937 08/05/2019 000537 SO CALIF EDISON JUL 2-29-807-1226 28077 DIAZ RD 11.65 11.65 6938 08/05/2019 000537 SO CALIF EDISON JUL 2-29-807-1093 28079 DIAZ RD 11.79 11.79 6939 08/05/2019 000537 SO CALIF EDISON JUL 2-31-031-2616 27991 DIAZ RD 12.17 12.17 6940 08/05/2019 000537 SO CALIF EDISON JUL 2-31-282-0665 27407 DIAZ RD 12.33 12.33 6941 08/05/2019 000537 SO CALIF EDISON JUL 2-21-981-4720 30153 TEM PKWY 14.52 14.52 6942 08/05/2019 000537 SO CALIF EDISON JUL 2-41-502-0478 28402 MERCEDES 20.99 20.99 ST 6943 08/05/2019 000537 SO CALIF EDISON JUL 2-14-204-1615 30027 FRONT ST 26.45 26.45 6944 08/05/2019 000537 SO CALIF EDISON JUL 2-41-072-5246 29429 TEM PKWY 37.58 37.58 6945 08/05/2019 000537 SO CALIF EDISON JUL 2-31-536-3481 41902 MAIN ST 125.40 125.40 6946 08/05/2019 000537 SO CALIF EDISON JUL 2-41-048-2012 30498 TEM PKWY 127.07 127.07 6947 08/05/2019 000537 SO CALIF EDISON JUL 2-28-904-7706 32329 OVERLAND 131.73 131.73 TRL 6948 08/05/2019 000537 SO CALIF EDISON JUL 2-02-502-8077 43210 BUS PARK DR 488.43 488.43 6949 08/05/2019 000537 SO CALIF EDISON JUL 2-19-171-8568 28300 MERCEDES 511.29 511.29 ST 6950 08/05/2019 000537 SO CALIF EDISON JUL 2-30-520-4414 32781 TEM PKWY 870.91 870.91 6951 08/05/2019 000537 SO CALIF EDISON JUL 2-25-393-4681 41951 MORAGA RD 951.95 951.95 6952 08/05/2019 000537 SO CALIF EDISON JUL 2-35-664-9053 29119 MARGARITA 1,125.88 1,125.88 RD Page:4 apChkLst Final Check List Page: 5 08/15/2019 12:53:27PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 6953 08/05/2019 000537 SO CALIF EDISON JUL 2-18-937-3152 28314 MERCEDES ST 6954 08/05/2019 000537 SO CALIF EDISON JUL 2-31-536-3655 41904 MAIN ST 6955 08/05/2019 000537 SO CALIF EDISON JUL 2-35-403-6337 41375 MCCABE CT 6956 08/05/2019 000537 SO CALIF EDISON JUL 2-31-912-7494 28690 MERCEDES ST 6957 08/05/2019 000537 SO CALIF EDISON JUL 2-02-351-4946 41845 6TH ST 6958 08/05/2019 000537 SO CALIF EDISON JUL 2-29-224-0173 32364 OVERLAND TRL 6959 08/05/2019 000537 SO CALIF EDISON JUL 2-29-933-3831 43230 BUS PARK DR 6960 08/05/2019 000537 SO CALIF EDISON JUL 2-00-397-5042 43200 BUS PARK DR 6961 08/05/2019 000537 SO CALIF EDISON JUL 2-32-903-8293 41000 MAIN ST 197016 08/15/2019 021291 AARON COOKE, DBA PROPER Event signs:color run tcsd MANAGEMENT 197017 08/15/2019 021213 ACE ELECTRIC INC PALA COMMUNITY PARK: LED LIGHT INSTALL 197018 08/15/2019 004802 ADLERHORST INTERNATIONAL K9 EQUIPMENT: DAYKA LLC 197019 08/15/2019 001517 AETNA BEHAVIORAL HEALTH AUG EMPLOYEE ASSISTANCE LLC, DBAAETNA RESOURCES PROGRAM:HR EMP ASSIST PRGM: ONSITE/DEBRIEF 6/, 197020 08/15/2019 003552 AFLAC PREMIUM HOLDING, AFLAC ACCIDENT INDEMNITY C/O BNB BANK LOCKBOX PAYMENT 197021 08/15/2019 006915 ALLIES PARTY EQUIPMENT, Event rentals: mpsc tcsd RENTAL INC 197022 08/15/2019 004623 AQUA SOURCE INC POOL SUPPLIES: VARIOUS FACILITIES 197023 08/15/2019 013332 ARMSTRONG GARDEN PLANTS AND CONTAINERS:TVM CENTERSINC Amount Paid Check Total 1,157.77 1,157.77 1,200.10 1,200.10 1,342.71 1,342.71 1,553.58 1,553.58 2,178.31 2,178.31 2,858.49 2,858.49 3,568.45 3,568.45 6,169.52 6,169.52 29,154.79 29,154.79 527.01 527.01 826.21 826.21 53.88 53.88 1,522.40 1,200.00 2,722.40 3,991.40 3,991.40 411.76 411.76 3,978.95 3,978.95 55.35 55.35 Page:5 apChkLst Final Check List Page: 6 08/15/2019 12:53:27PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 197024 08/15/2019 017797 ARTHUR J. GALLAGHER & CO., 19/20 BROKERAGE FEE INSURANCE BROKERS OF CA 19/20 CRIME POLICY 197025 08/15/2019 000475 B N I PUBLICATIONS INC PUBLICATION: PW - LAND DEV 197026 08/15/2019 019709 BAGDASARIAN, NADYA REIMB: TEAM PACE PERKS 197027 08/15/2019 018101 BARN STAGE COMPANY INC STTLMNT: MAGIC AT THE MERC 8/11 197028 08/15/2019 013482 BAS SECURITY FACILITY SECURITY:TCSD ALL FACILITIES FACILITY SECURITY:TCSD ALL FACILITIE 197029 08/15/2019 002363 C C P O A (CA CRIME '19 SYMPOSIUM: JOHNSON, T. PREVENTION, ASSOCIATION) 9/23-9/25 197030 08/15/2019 001054 CALIF BUILDING OFFICIALS, REGIST: EDUCATIONAL CLASSES: (CALBO) BLDG & SAFE CALBO REG-CODE & BLDG & SAFETY 197031 08/15/2019 004462 CDW LLC, DBA CDW COMPUTER LIFECYCLE GOVERNMENT LLC REPLACEMENT:PD 197032 08/15/2019 021363 CELLEBRITE INC STAFF TRAINING: CALDERON, R & FLORES, H 197033 08/15/2019 019878 CERTIFIED ACCESS MEMBERSHIP: WOOD, RANDY SPECIALIST, INSTITUTE 197034 08/15/2019 020025 CIVIL SOURCE INC JUN CNSTRCTN MGMT SVCS: PW15-11 JUNE CNSTRCTN MGMT SVCS: PW13-OS 197035 08/15/2019 021133 CNS ENGINEERS INC ENG CONSULTANT SVCS: PW16-05 4/27-6/30 ENG CNSLTNT SVCS: PW16-05 197036 08/15/2019 017429 COBRAADVANTAGE INC, DBA JUL FSA& COBRAADMIN FEES: HR THE ADVANTAGE GROUP 197037 08/15/2019 000442 COMPUTER ALERT SYSTEMS ALARM SYSTEM SVC CALL: TVE2 ALARM SYSTEM SVC CALL: PBSP 197038 08/15/2019 021230 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES: CIVIC CTR DISTR, DBA CALIF ELECTRIC SUPPLY 197039 08/15/2019 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS Amount Paid Check Total 54,000.00 2,548.00 56,548.00 104.59 104.59 193.28 193.28 672.00 672.00 1,548.00 4,337.30 5,885.30 310.00 310.00 3,120.00 780.00 3,900.00 18,967.09 18,967.09 3,300.00 3,300.00 150.00 150.00 6,400.00 6,720.00 13,120.00 10,457.41 69,170.71 79,628.12 572.50 572.50 118.50 401.25 519.75 120.71 120.71 1,195.43 693.00 1,888.43 Pagefi apChkLst Final Check List Page: 7 08/15/2019 12:53:27PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 197040 08/15/2019 014521 COSTAR GROUP WEB SBCRPTN: ECO DEV 8,830.78 INFORMATION INC 7/31/19-7/31/2020 WEB SBCRPTN: ECO DEV 7/31/19-7/31/2I -720.00 8,110.78 197041 08/15/2019 004329 COSTCO TEMECULA491 SUPPLIES:HUMAN SVCS PRGMS: 415.52 415.52 TCSD 197042 08/15/2019 014501 COUNTYWIDE MECHANICAL HVAC REPAIR: STA92 FIRE 566.25 SYSTEMS HVAC REPAIR: STA84 FIRE 922.27 VARIOUS HVAC REPAIRS: CIVIC CTR 1,253.83 VARIOUS REPAIRS: TPL 899.40 HVAC MAINT: THEATER 3,169.20 HVAC MAINT: MRC 278.34 HVAC MAINT: THEATER 250.00 HVAC MAINT: FOC 1,761.66 9,100.95 197043 08/15/2019 010650 CRAFTSMEN PLUMBING & A/C REPAIR: OLD TOWN THEATER PW 672.53 HVAC INC HVAC/PLUMBING REPAIRS: FOC 342.00 STATION REPAIRS: STA 95 FIRE 690.00 HVAC/PLUMBING REPAIRS: MPSC 803.12 Harveston lake pk:pump installation pw 1,597.00 PLUMBING REPAIR: STA92 FIRE 150.00 4,254.65 197044 08/15/2019 001233 DANS FEED AND SEED INC MISC SUPPLIES: PW STREET MAINT 22.76 MISC SUPPLIES: PW STREET MAINT 22.11 MISC SUPPLIES: PW STREET MAINT 74.79 MISC SUPPLIES: PW STREET MAINT 14.64 MISC SUPPLIES: PW STREET MAINT 26.34 MISC SUPPLIES: PW STREET MAINT 29.26 189.90 197045 08/15/2019 012600 DAVID EVANS AND JUN ENG SVCS: PW08-04 SANTA 9,544.26 9,544.26 ASSOCIATES INC GERTRUDIS 197046 08/15/2019 020648 DG INVESTMENT HOLDINGS 2 CITYWIDE VIDEO SURVEILLANCE SYS 10,966.92 10,966.92 INC, CONVERGINT TECHNOLOGIES 197047 08/15/2019 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOM: LONG 110.88 SRVCS CANYON PARK PORTABLE RESTROOM: VAIL RANCH PA 165.88 PORTABLE RESTROOM: RIVERTON PAR 110.88 PORTABLE RESTROOM: LA SERENA WA 110.88 498.52 197048 08/15/2019 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: FIRE 42.95 42.95 197049 08/15/2019 004592 EBS GENERAL ENGINEERING JUL CITYWIDE CONCRETE REPAIRS: 121,239.00 121,239.00 INC PW18-07 Page:? apChkLst 08/15/2019 12:53:27PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 197050 08/15/2019 011202 EMH SPORTS USA INC TCSD INSTRUCTOR EARNINGS 693.00 693.00 197052 08/15/2019 001056 EXCEL LANDSCAPE INC JUL LDSCP MAINT SLOPES: PW 24,635.75 JUL LNDSCPE MAINT: PARKS/MEDIANS f 57,870.52 IRRIGATION REPAIRS: VARI LOCATIONS 1,971.88 JUL LNDSCP MAINT: PARKS/MEDIANS P% 58,921.01 JUL LDSCP MAINT: PARKS/MEDIANS: PVA 21,133.27 JUL LNDSCP MAINT: SLOPES PW 40,615.26 JUL LDSCP MAINT SVC: FACILITIES PW 13,379.15 IRRIGATION REPAIRS: VARI LOCATIONS 2,207.53 220,734.37 197053 08/15/2019 012633 FAITH AUTO GLASS & TINTING WINDSHIELD REPAIR: PW CIP 49.00 49.00 197054 08/15/2019 019469 FALCON ENGINEERING JUL CONST MGMT SVCS: PW04-08 6,509.24 6,509.24 SERVICES 197055 08/15/2019 009953 FEDERAL CLEANING JUL JANITORIAL SVC: POLICE MALL 1,088.50 1,088.50 CONTRACTORS,DBAFEDERAL OFC BLDG SERVICES 197056 08/15/2019 000165 FEDERAL EXPRESS INC 7/29-7/31 EXP MAIL SVCS: CITY MGR & 65.45 65.45 CIP 197057 08/15/2019 003747 FINE ARTS NETWORK AKA STTLMNT: "TARZAN" 7/26-8/11 11,337.71 11,337.71 THEATRE, CO AND BALLET THEATER 197058 08/15/2019 000380 FIRST STUDENT CHARTER, TRANSP:SUMMER DAY CAMP 2,362.56 DBA FIRST STUDENT INC TRANSP: SUMMER DAY CAMP 501.50 2,864.06 197059 08/15/2019 014865 FREIZE UHLER KIMBERLY DBA, YEPP program tshirts eco dev 330.80 330.80 CLEAR BLUE PROMOTIONS 197060 08/15/2019 021369 FROM WORDS 2 ACTION PREV PRGM: 45522 ZANDER: 1,870.00 1,870.00 OUTREACH JONES-SMITH 197061 08/15/2019 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING & MISC SUPPLIES: 1,942.28 1,942.28 THEATER 197062 08/15/2019 007279 GAIL MATERIALS INC SOFTBALL INFIELD MIX: VARI PARKS 6,645.34 SOFTBALL INFIELD MIX: VARI PARKS 4,829.12 SOFTBALL INFIELD MIX: VARI PARKS 5,040.34 16,514.80 197063 08/15/2019 013076 GAUDET YVONNE M, DBA YES TCSD INSTRUCTOR EARNINGS 504.00 504.00 YOU CAN DRAW Page:8 apChkLst 08/15/2019 12:53:27PM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 197064 08/15/2019 010452 GAYLORD BROS INC SUPPLIES:TVM/ACE/SISTER CITY 66.53 66.53 EVENTS 197065 08/15/2019 012066 GEOCON WEST INC GEOTECHNICAL SVCS - PW15-14 7,644.00 7,644.00 197066 08/15/2019 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: FINANCE 103.42 INC MISC OFC SUPPLIES: CODE ENFORCEN 76.30 MISC OFC SUPPLIES: BLDG & SAFETY 306.55 MISC OFC SUPPLIES: FIRE DEPT 53.22 MISC OFC SUPPLIES: FIRE STA 95 46.35 585.84 197067 08/15/2019 009608 GOLDEN VALLEY MUSIC STTLMNT: CLASSICS AT THE MERC: 458.50 SOCIETY, DBA CA CHAMBER JUN'19 ORCHESTRA ENTERTAINMENT: THEATER 7,600.00 CHECK REVERSAL FEE 12.00 8,070.50 197068 08/15/2019 003792 GRAINGER MISC STAGE SUPPLIES: THEATER 94.15 Var parks: dog waste stations/signs pw 105.06 DOG WASTE STATIONS/SIGNS: PW 339.20 538.41 197069 08/15/2019 020725 GRANICUS LLC, DBA AGENDA MGMNT:RENEWAL CITY 38,121.30 38,121.30 GRANICUS CLERK 197070 08/15/2019 000186 HANKS HARDWARE INC MISC MAINT SUPPLIES: AQUATICS 14.58 MISC MAINT SUPPLIES: AQUATICS 49.81 MISC MAINT SUPPLIES: TPL 19.55 MISC MAINT SUPPLIES: STREET MAINT 37.27 MISC MAINT SUPPLIES: STREET MAINT 7.38 MISC MAINT SUPPLIES: STREET MAINT 21.41 MISC MAINT SUPPLIES: STREET MAINT 37.42 MISC MAINT SUPPLIES: STREET MAINT 2.18 MISC MAINT SUPPLIES: STREET MAINT 109.84 MISC MAINT SUPPLIES: STREET MAINT 146.20 MISC MAINT SUPPLIES: STREET MAINT -48.84 MISC MAINT SUPPLIES: TVE2 30.44 MAINT SUPPLIES: CIVIC CTR 374.54 MISC MAINT SUPPLIES: CIVIC CTR 60.45 MISC MAINT SUPPLIES: CIVIC CTR 92.38 MISC MAINT SUPPLIES: JRC 52.16 MISC MAINT SUPPLIES: CRC 16.44 MISC MAINT SUPPLIES: MPSC 18.48 MISC MAINT SUPPLIES: TCC 9.32 MISC MAINT SUPPLIES: TCC 39.13 MISC MAINT SUPPLIES: STREET MAINT 22.80 1,112.94 197071 08/15/2019 012748 HARDY AND HARPER INC JUL CNSTRCTN CONTRACT SVCS: 402,961.50 402,961.50 PW18-10 Page9 apChkLst Final Check List Page: 10 08/15/2019 12:53:27PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 197072 08/15/2019 010210 HOME DEPOT SUPPLY INC MISC TOOLS: CIVIC CTR: PW MISC SUPPLIES: LIBRARY: PW 197073 08/15/2019 020987 HOST COMPLIANCE, AXOS SHORT TERM RENTAL MONITORING BANK ATTN DEPOSIT SVCS 197074 08/15/2019 021201 HUEHMER, MARLA KATHLEEN TCSD INSTRUCTOR EARNINGS 197075 08/15/2019 021366 HUERTA, HEATHER CHRISTINE RELEASE CLAIMS AGREEMENT PAYMENT 197076 08/15/2019 021277 INDUSTRIAL VAN AND TRUCK, CUSTOM SHELVING: PW VEHICLE INTERIORS INC DBA CUSTOM SHELVING:PW VEHICLE CUSTOM SHELVING:PW VEHICLE 197077 08/15/2019 012342 INLAND CUTTER SERVICE INC Paper folder replacement part:cent srvs 197078 08/15/2019 020673 INTEGRITY SUPPORT PRE -EMPLOYMENT SCREENINGS: HR SERVICES INC, EMPLOYMENT SCREENING RESO 197079 08/15/2019 019085 INTERPRETERS UNLIMITED INTERPRETER SVC: TEM SHERIFF INC 197080 08/15/2019 015358 KELLY PAPER COMPANY INC plotter paper & misc paper support svcs plotter paper & misc paper support svcs 197081 08/15/2019 013583 LANDSCAPE FORMS INC OLD TOWN: LITTER RECEPTACLES OLD TOWN: RECYCLING RECEPTACLES 197082 08/15/2019 003726 LIFE ASSIST INC MEDICAL EQUIP: FIRE MEDICAL EQUIP: FIRE MEDICAL EQUIP: FIRE 197083 08/15/2019 004141 MAINTEX INC CLEANING SUPPLIE: CIVIC CTR 197084 08/15/2019 021368 MASTIN, BRITTANY REFUND: PARENT & ME SWIM LESSONS 197085 08/15/2019 014392 MC COLLOUGH JILL DENISE, JUL PLANTSCAPE SVCS: LIBRARY DBA TEMECULA PLANTSCAPE JUL PLANTSCAPE SVCS: CIVIC CTR AUG PLANTSCAPE SVCS: CIVIC CTR AUG PLANTSCAPE SVCS: LIBRARY Amount Paid Check Total 232.29 1,864.29 2,096.58 8,964.00 8,964.00 175.00 175.00 450.00 450.00 12,964.50 552.98 12,230.54 25,748.02 423.05 423.05 139.86 139.86 44.00 44.00 445.60 140.48 586.08 18,485.16 24,967.13 43,452.29 48.92 48.89 522.00 619.81 629.59 629.59 55.00 55.00 200.00 500.00 500.00 200.00 1,400.00 Page:10 apChkLst 08/15/2019 12:53:27PM Final Check List CITY OF TEMECULA Page: 11 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 197086 08/15/2019 018314 MICHAEL BAKER JUN CIVIL ENG SVCS: PW18-04 BIKE 4,890.81 INTERNATIONAL PUMP 2/4-6/30 CNSLTNT SVCS: PW17-17 13,770.00 JUN DSGN SVCS: PW18-11 37,938.28 JUN LEGAL DESCRIPTIONS: PW16-06 1,812.50 58,411.59 197087 08/15/2019 004951 MIKE'S PRECISION WELDING LOW FLOW SAFETY GATES: PW 800.00 800.00 INC STREETS 197088 08/15/2019 000973 MIRACLE RECREATION CROWNE HILL PARK: PLAYGROUND 2,579.22 2,579.22 EQUIPMENT PARTS 197089 08/15/2019 012264 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS 787.50 TCSD INSTRUCTOR EARNINGS 632.10 TCSD INSTRUCTOR EARNINGS 285.60 1,705.20 197090 08/15/2019 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: PARKS PW 273.81 INC Electrical supplies, various facilities 774.53 1,048.34 197091 08/15/2019 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD INSTRUCTOR EARNINGS 385.00 ANN TCSD INSTRUCTOR EARNINGS 130.20 515.20 197092 08/15/2019 016445 MKB PRINTING & BUSINESS CARDS:TCSD 42.12 PROMOTIONAL INC, DBA MINUTEMAN PRESS BUSINESS CARDS:TCSD 96.55 MISC OFC SUPPLIES: PLANNING 294.34 Bus. cards, Ietterhead:Bldg & Safety 77.59 BUSINESS CARDS: PREVENTION- FIRE 53.88 564.48 197093 08/15/2019 004040 MORAMARCO, ANTHONY J, TCSD INSTRUCTOR EARNINGS 3,108.00 DBA BIGFOOT GRAPHICS TCSD INSTRUCTOR EARNINGS 402.50 TCSD INSTRUCTOR EARNINGS 560.00 4,070.50 197094 08/15/2019 001214 MORNINGSTAR PRODUCTIONS CRC: STAGE LIGHTING INSTALLATION 28,284.96 28,284.96 LLC 197095 08/15/2019 019019 MUSIC CONNECTION LLC STTLMNT: SPEAKEASY AT THE MERC 264.60 264.60 8/10 197096 08/15/2019 020946 MUSSON THEATRICAL INC SOUND/LIGHTING SUPPLIES: 6,390.17 6,390.17 THEATER 197097 08/15/2019 018099 NATIONAL SAFETY DOT TESTING: HR 54.12 COMPLIANCE INC DOT TESTING: HR 88.87 142.99 Page:11 apChkLst 08/15/2019 12:53:27PM Final Check List CITY OF TEMECULA Page: 12 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 197098 08/15/2019 001323 NESTLE WATERS NORTH 6/23-7/22 WTR DLVRY SVC: TVM 27.62 AMERICA, DBA READYREFRESH 6/23-7/22 WTR DLVRY SVC: TCC 35.11 6/23-7/22 WTR DLVRY SVC: MRC 0.57 6/23-7/22 WTR DLVRY SVC: SKATE PARK 8.61 6/23-7/22 WTR DLVRY SVC: CRC 180.60 6/23-7/22 WTR DLVRY SVC: FOC 150.56 6/23-7/22 WTR DLVRY SVC: TPL 109.47 6/23-7/22 WTR DLVRY SVC: THEATER 50.62 6/23-7/22 WTR DLVRY SVC: AQUATICS 75.14 6/23-7/22 WTR DLVRY SVC: HELP CTR 14.69 6/23-7/22 WTR DLVRY SVC: PBSP 56.62 709.61 197099 08/15/2019 017092 NETWORKS2000 HPE WARRANTY RENEWAL:INFO 1,059.95 1,059.95 TECH 197100 08/15/2019 000209 NUTRIEN AG SOLUTIONS INC, EQUIP MAINT: FIRE STA 92 87.00 DBA CROP PRODUCTION SRVCS EQUIP MAINT: FIRE DEPT 361.30 EQUIP MAINT: FIRE STA 92 15.66 EQUIP MAINT: FIRE STA 95 22.00 MISC SUPPLIES: STREET MAINT 4,426.58 4,912.54 197101 08/15/2019 009337 NV5 INC JUN PROJ MGT SVCS: PW17-21 MRC 17,435.21 17,435.21 197102 08/15/2019 021312 NZN LABS INC REFUND: TVE2 LEASE OVERPAYMENT 225.00 225.00 197103 08/15/2019 017148 OAKLEY SALES CORP MOTOR GEAR & ACCESSORIES: 859.13 859.13 POLICE 197104 08/15/2019 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS: PW 920.18 920.18 STREETS 197105 08/15/2019 008871 ORIGINAL WATERMEN INC LIFEGUARD UNIFORMS:AQUATICS 125.97 125.97 197106 08/15/2019 013198 ORTENZO-HAYES, KRISTINE TCSD INSTRUCTOR EARNINGS 768.00 768.00 197107 08/15/2019 012818 PLANETBIDS INC PLANETBIDS EVAL MGMT MODULE: IT 2,433.75 2,433.75 197108 08/15/2019 019015 PROJECT RADIAN, DBA GEARS TCSD INSTRUCTOR EARNINGS 1,092.00 2 ROBOTS TCSD INSTRUCTOR EARNINGS 1,260.00 2,352.00 197109 08/15/2019 012366 PROJECT TOUCH HOMELESS PREVENTION: 06-07'19 875.00 875.00 Page:12 apChkLst 08/15/2019 12:53:27PM Final Check List CITY OF TEMECULA Page: 13 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 197110 08/15/2019 005075 PRUDENTIAL OVERALL JUL UNIFORMS/FLR MATS/TOWEL 672.30 672.30 SUPPLY RENT:CITY FA 197111 08/15/2019 003591 RENES COMMERCIAL CLEAN-UP SVCS: CITYWIDE 4,390.00 MANAGEMENT LOCATIONS HOMELESS ENCAMPMENT CLEAN-UP: F 1,834.00 POST -EMERGENT SPRAYING: CITY CHA 9,250.00 15,474.00 197112 08/15/2019 002412 RICHARDS WATSON AND JUN 2019 LEGAL SERVICES 66,177.39 66,177.39 GERSHON 197113 08/15/2019 000406 RIVERSIDE CO SHERIFFS 5/23-6/30 LAW ENFORCEMENT 3,191,958.07 3,191,958.07 DEPT 197114 08/15/2019 016383 S AND R TOWING TOWING SVCS: POLICE 455.00 455.00 197115 08/15/2019 004274 SAFE AND SECURE LOCKSMITH SRVCS: CIVIC CENTER 25.61 25.61 LOCKSMITH SRVC 197116 08/15/2019 009980 SANBORN GWYNETH A, CO COUNTRY LIVE! @ THE MERC 8/3/19 653.75 653.75 TEMECULA MUSIC ACADEMY 197117 08/15/2019 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY: ACE-AOTW 8/2 150.00 150.00 PRESTON 197118 08/15/2019 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 8/9/19 745.00 JAZZ @ THE MERC 8/8/19 735.00 JAZZ @ THE MERC 8/6/19 710.00 JAZZ @ THE MERC 8/1/19 675.00 2,865.00 197119 08/15/2019 000645 SMART AND FINAL INC SUPPLIES: MPSC-SFSP 146.71 146.71 197120 08/15/2019 019498 SMARTSIGN POOL SIGNS: AQUATICS 978.68 978.68 197121 08/15/2019 000537 SO CALIF EDISON CITYWIDE STREETLIGHT ACQUISITION 2,051,393.93 2,051,393.93 PH II 197122 08/15/2019 020545 SOCIAL WORK ACTION GROUP JUL HOMELESS OUTREACH SVCS 11,332.60 11,332.60 197123 08/15/2019 000519 SOUTH COUNTY PEST JUL PEST CONTROL SRVCS: CITY 971.00 971.00 CONTROL INC FACS 197124 08/15/2019 012652 SOUTHERN CALIFORNIA, AUG GEN USAGE: 0141,0839,2593,9306 600.11 600.11 TELEPHONE COMPANY 197125 08/15/2019 000293 STADIUM PIZZA INC RFRSHMNTS: WORKFORCE PRGM 77.25 RFRSHMNTS: WORKFORCE PRGM 73.55 150.80 Page:13 apChkLst Final Check List Page: 14 08/15/2019 12:53:27PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 197126 08/15/2019 018844 STANTEC CONSULTING MAY DSGN SVCS: BTRFIELD STG RD SERVICES JUN DSGN SVCS: BTRFIELD STG RD-PV1 197127 08/15/2019 006145 STENO SOLUTIONS JUL TRANSCRIPTION SRVCS: POLICE TRANSCRIPTION, SRVCS INC 197128 08/15/2019 013387 SWEEPING UNLIMITED INC JUL SWEEPING SVCS: PARK GARAGE 197129 08/15/2019 003599 T Y LIN INTERNATIONAL JUN CONSULT SRVCS:F.V./1-15 PH 11, 16-01 197130 08/15/2019 000668 TIMMY D PRODUCTIONS INC DJ/SOUND SVCS: MOVIES... PARK 8/9 197131 08/15/2019 021031 TIRADO, CARLOS REIMB: ICC CERTIFICATION RENEWAL 197132 08/15/2019 020073 TITUS, INC. DATA CATEGORIZATION SOFTWARE: IT 197133 08/15/2019 014866 TWM ROOFING, INC REPAIR ROOF: RESTROOMS PW17-06 197134 08/15/2019 017754 UHS OF DELAWARE INC REFUND: ENG DEPOSIT APN 959080026 197135 08/15/2019 017754 UHS OF DELAWARE INC REFUND: ENG DEPOSIT APN 959080026 197136 08/15/2019 020963 UPTOWN TEMECULAAUTO JUN VEHICLE WASHING SVCS: BLDG & SPA LLC SAFETY JUN VEHICLE WASHING SVCS: PW CIP 197137 08/15/2019 019389 US TRANSPORT & LOGISTICS TOWING SVCS: TEM SHERIFF INC, DBA DJ'S TOWING 197138 08/15/2019 016094 VAVRINEK, TRINE, DAY & CO FY 18/19 AUDIT SRVCS:FINANCE LLP 197139 08/15/2019 015762 VESTA SOLUTIONS INC SOFTWARE & MAINT RENEWAL: REVERSE 911 197140 08/15/2019 018147 WADDLETON, JEFFREY L. DJ/ANNOUNCER: BUILD OWN BOAT 8/16 Amount Paid Check Total 1,063.00 950.00 2,013.00 70.11 70.11 540.00 540.00 70,701.83 70,701.83 1,400.00 1,400.00 125.00 125.00 26,460.00 26,460.00 39,948.55 39,948.55 26,500.00 26,500.00 12,000.00 12,000.00 28.00 8.00 36.00 500.00 500.00 500.00 500.00 27,450.00 27,450.00 475.00 475.00 Page:14 apChkLst Final Check List Page: 15 08/15/2019 12:53:27PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 197141 08/15/2019 007987 WALMART SUPPLIES: CRC 49.38 SUPPLIES: CRC 36.65 SUPPLIES: CRC -SUMMER DAY CAMP 51.62 SUPPLIES: CRC 354.97 SUPPLIES: MRC 214.27 SUPPLIES: SKATE PARK 43.41 750.30 197142 08/15/2019 003776 ZOLL MEDICAL CORPORATION, PARAMEDIC SUPPLIES: MEDIC 2,010.96 GPO PARAMEDIC SUPPLIES: MEDIC 8,310.71 PARAMEDIC SUPPLIES: MEDIC 3,008.79 PARAMEDIC SUPPLIES: MEDIC -2,550.00 10,780.46 Grand total for UNION BANK: 6,955,350.13 Page:15 apChkLst Final Check List Page: 16 08/15/2019 12:53:27PM CITY OF TEMECULA 202 checks in this report. Grand Total All Checks: 6,955,350.13 Page:16 apChkLst Final Check List Page: 1 08/22/2019 9:49:22AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 6962 08/15/2019 007282 AMAZON COM INC, SYNCB/AMAZON 6963 08/16/2019 007282 AMAZON COM INC, SYNCB/AMAZON 6964 08/15/2019 018858 FRONTIER CALIFORNIA INC 6965 08/09/2019 001212 SO CALIF GAS COMPANY 6966 08/16/2019 010276 TIME WARNER CABLE 6967 08/15/2019 010276 TIME WARNER CABLE 6968 08/02/2019 001986 MUZAK LLC 6969 08/06/2019 001212 SO CALIF GAS COMPANY 6970 08/07/2019 014486 VERIZON WIRELESS 6971 08/13/2019 016564 IMPACT TELECOM 6972 08/09/2019 000537 SO CALIF EDISON 6973 08/09/2019 000537 SO CALIF EDISON 6974 08/09/2019 000537 SO CALIF EDISON Description MISC OFC SUPPLIES: POLICE MISC OFC SUPPLIES: POLICE MISC OFC SUPPLIES: POLICE SUPPLIES:TVM PROGRAMS SUPPLIES:TVM PROGRAMS MISC OFC SUPPLIES: PREVENTION FIRE MISC OFC SUPPLIES: PREVENTION FIRE SUPPLIES:TVM PROGRAMS MISC OFC SUPPLIES: PREVENTION FIRE SUPPLIES:TVM PROGRAMS SUPPLIES:TVM EVENTS SUPPLIES:TVM EVENTS 3 KEYBOARDS: PUBLIC LIBRARY MISC AV SUPPLIES:INFO TECH AUG INTERNET SVCS-EOC JUL 101-525-1560-6 27415 ENTERPRISE CIR AUG INTERNET SVCS- 41000 MAIN ST AUG INTERNET SVCS-40820 WINCHESTER RD AUG DISH NETWORK 32131 BUTTERFIELD STG JUL 095-167-7907-2 30650 PAUBA RD 06/16-07/15 CELLULAR/BROADBAND:CITYWIDE JULY 800 SERVICES: CIVIC CENTER JULY 2-29-953-8447 31738 WOLF VLY RD JUL 2-29-657-2332 45538 REDWOOD RD JUL 2-30-220-8749 45850 N WOLF CREEK DR Amount Paid Check Total 121.19 38.95 19.99 16.58 10.99 31.10 29.34 26.31 49.82 43.82 40.99 220.00 204.54 168.22 147.51 118.42 1,049.59 5.30 155.08 101.75 8,585.53 58.93 12.10 12.40 472.07 180.13 841.71 147.51 118.42 1,049.59 5.30 155.08 101.75 8,585.53 58.93 12.10 12.40 472.07 Page:1 apChkLst Final Check List Page: 2 08/22/2019 9:49:22AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 6975 08/09/2019 000537 SO CALIF EDISON 6976 08/12/2019 000537 SO CALIF EDISON 6977 08/12/2019 000537 SO CALIF EDISON 6978 08/12/2019 000537 SO CALIF EDISON 6979 08/12/2019 000537 SO CALIF EDISON 6980 08/12/2019 000537 SO CALIF EDISON 6981 08/12/2019 000537 SO CALIF EDISON 6982 08/12/2019 000537 SO CALIF EDISON 6983 08/12/2019 000537 SO CALIF EDISON 6984 08/12/2019 000537 SO CALIF EDISON 6985 08/12/2019 000537 SO CALIF EDISON 6986 08/12/2019 000537 SO CALIF EDISON 6987 08/12/2019 000537 SO CALIF EDISON 6988 08/12/2019 000537 SO CALIF EDISON 6989 08/13/2019 001212 SO CALIF GAS COMPANY 6990 08/13/2019 001212 SO CALIF GAS COMPANY 6991 08/13/2019 001212 SO CALIF GAS COMPANY (Continued) Description Amount Paid Check Total JUL 2-31-404-6020 28771 OLD TOWN 1,842.70 1,842.70 FRONT JUL 2-31-031-2590 28301 RANCHO CAL 12.20 12.20 JUL 2-31-936-3511 46488 PECHANGA 24.90 24.90 PKWY JUL 2-39-043-8521 29028 OLD TOWN 32.89 32.89 FRONT JUL 2-36-531-7916 44205 MAIN ST 78.52 78.52 JUL 2-40-380-2424 40750 BUTTERFIELD 80.28 80.28 STG JUL 2-29-657-2563 42902 BUTTERFIELD 98.86 98.86 STG JUL 2-29-458-7548 32000 RANCHO CAL 200.53 200.53 JUL 2-10-331-2153 28816 PUJOL ST 1,480.02 1,480.02 JUL 2-27-560-0625 32380 1,875.88 1,875.88 DEERHOLLOW WAY JUL 2-20-798-3248 42081 MAIN ST 2,526.30 2,526.30 JUL 2-27-805-3194 42051 MAIN ST 7,685.55 7,685.55 JUL 2-28-629-0507 30600 PAUBA RD 13,770.33 13,770.33 JUL 2-01-202-7330 41000 MAIN ST 78,457.83 78,457.83 JUL 060-293-3315-7 28922 PUJOL ST 14.79 14.79 JUL 133-040-7373-0 43210 BUS PARK 18.90 18.90 DR JUL 181-383-8881-6 28314 MERCEDES 19.91 19.91 ST Paget apChkLst Final Check List Page: 3 08/22/2019 9:49:22AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 6992 08/13/2019 001212 SO CALIF GAS COMPANY 6993 08/13/2019 001212 SO CALIF GAS COMPANY 6994 08/13/2019 001212 SO CALIF GAS COMPANY 6995 08/13/2019 001212 SO CALIF GAS COMPANY 6996 08/13/2019 001212 SO CALIF GAS COMPANY 6997 08/13/2019 001212 SO CALIF GAS COMPANY 6998 08/13/2019 001212 SO CALIF GAS COMPANY 6999 08/13/2019 001212 SO CALIF GAS COMPANY 7000 08/13/2019 001212 SO CALIF GAS COMPANY 7001 08/22/2019 000262 RANCHO CALIF WATER DISTRICT 7002 08/13/2019 000537 SO CALIF EDISON 7003 08/13/2019 000537 SO CALIF EDISON 7004 08/13/2019 000537 SO CALIF EDISON 7005 08/13/2019 000537 SO CALIF EDISON 7006 08/19/2019 018858 FRONTIER CALIFORNIA INC 7007 08/19/2019 018858 FRONTIER CALIFORNIA INC 7008 08/22/2019 010349 CALIF DEPT OF CHILD SUPPORT (Continued) Description Amount Paid Check Total JUL 028-025-1468-3 41375 MCCABE CT 20.93 20.93 JUL 129-582-9784-3 43230 BUS PARK 28.11 28.11 DR JUL 101-525-0950-0 28816 PUJOL ST 28.11 28.11 JUL 026-671-2909-8 42051 MAIN ST 35.28 35.28 JUL 098-255-9828-8 29119 MARGARITA 51.75 51.75 RD JUL 021-725-0775-4 41845 6TH ST 72.16 72.16 JUL 117-188-6393-6 32131 SLOOP RD 80.52 80.52 JUL 091-024-9300-5 30875 RANCHO 374.21 374.21 VISTA RD JUL 129-535-4236-7 4 41000 MAIN ST 720.94 720.94 VARI JUL WATER 3005020 28640 PUJOL 71,502.71 71,502.71 ST JULY 2-36-122-7820 31777 DE PORTOLA 11.31 11.31 RDI JULY 2-25-350-5119 45602 REDHAWK 14.09 14.09 PKWY JULY 2-29-479-2981 31454 TEMECULA 65.61 65.61 PKWY JULY 2-41-394-3267 46899 REDHAWK 105.13 105.13 PKWY AUG INTERNET SVCS-LIBRARY 5.31 5.31 AUG INTERNET SVCS-LIBRARY 5.31 5.31 SUPPORT PAYMENT 899.07 899.07 Page:3 apChkLst Final Check List Page: 4 08/22/2019 9:49:22AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 7009 08/22/2019 000194 1 C M A RETIREMENT -PLAN ICMA-RC RETIREMENT TRUST 457 303355 PAYMENT 7010 08/22/2019 021301 1 C M A RETIREMENT -PLAN ICMA- 401(A) RETIREMENT PLAN 106474 PAYMENT 7011 08/22/2019 000444 INSTATAX (EDD) STATE TAXES PAYMENT 7012 08/22/2019 000283 INSTATAX (IRS) FEDERAL TAXES PAYMENT 7013 08/22/2019 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT SOLUTION PAYMENT 7014 08/22/2019 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 7015 08/22/2019 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT SOLUTION PAYMENT 7016 08/22/2019 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT RETIREMENT) 7017 08/08/2019 002390 EASTERN MUNICIPAL WATER JULY WATER 31991 RORIPAUGH DIST VALLEY RD 7018 08/08/2019 001212 SO CALIF GAS COMPANY JUL 125-244-2108-3 30600 PAUBA RD 7019 08/20/2019 010276 TIME WARNER CABLE AUG INTERNET SVCS 32131 S LOOP RD 7020 08/20/2019 010276 TIME WARNER CABLE AUG INTERNET SVCS 41000 MAIN ST 7021 08/20/2019 010276 TIME WARNER CABLE AUG INTERNET SVCS 28816 PUJOL ST 197143 08/22/2019 001517 AETNA BEHAVIORAL HEALTH EMPLOYEE ASSISTANCE PRGM LLC, DBA AETNA RESOURCES DEBIT: 4 ADD'L MEMBERS FOR SEP 197144 08/22/2019 004240 AMERICAN FORENSIC NURSES PHLEBOTOMY SRVCS:TEMECULA AFN POLICE 197145 08/22/2019 013950 AQUA CHILL OF SAN DIEGO AUG WATER SVCS: POLICE OLD TOWN AUG DRINKING WTER SVCS: INFO TECF 197146 08/22/2019 000475 B N I PUBLICATIONS INC PUBLICATION: PW - CIP Amount Paid Check Total 10,858.57 10,858.57 1,115.39 1,115.39 27,080.84 27,080.84 92,007.81 92,007.81 5,934.86 5,934.86 11,264.01 11,264.01 28.51 28.51 108,186.72 108,186.72 1,833.60 1,833.60 24.00 24.00 196.42 196.42 281.50 281.50 586.83 586.83 1,522.40 17.60 1,540.00 737.75 737.75 56.57 28.28 84.85 392.90 392.90 Page-.4 apChkLst 08/22/2019 9:49:22AM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 197147 08/22/2019 015592 BAMM PROMOTIONAL PROMOTIONAL PRODUCTS: AQUATICS 886.94 886.94 PRODUCTS INC 197148 08/22/2019 018408 BOB CALLAHAN'S POOL JUL POOL MAINT: VARI LOCATIONS 1,100.00 SERVICE JUL FOUNTAIN MAINT: VARI LOCATIONS 950.00 2,050.00 197149 08/22/2019 021376 BORUNDA, BRIANNA REIMB: RFRSHMNTS: CITY EVENT 57.88 57.88 197150 08/22/2019 015834 BOYER WAYNE E, DBA KEVLAR MOTORCYCLE PANTS: TEM 694.91 694.91 MOTOPORT USA POLICE 197151 08/22/2019 010469 BOZONELOS, ROBERT PERF: AOTW 8/2 MUSICIAN 250.00 250.00 197152 08/22/2019 004462 CDW LLC, DBA CDW DUPLICATOR DRIVES:INFO TECH 2,521.48 GOVERNMENT LLC PEG INSERTION:PEG INFO TECH 1,138.93 MISC SMALL TOOLS & EQUIP:INFO TECF 367.11 MISC SMALL TOOLS & EQUIP:INFO TECF 115.56 MISC SMALL TOOLS & EQUIP:INFO TECF 36.84 4,179.92 197153 08/22/2019 019878 CERTIFIED ACCESS MEMBERSHIP FEE: CLEMENTS, B. 150.00 150.00 SPECIALIST, INSTITUTE 197154 08/22/2019 009640 CERTIFION CORP DBA JUN ONLINE DATABASE 225.98 225.98 ENTERSECT SUBSCRIPTION: TEM 197155 08/22/2019 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS 4.00 4.00 CHARITIES PAYMENT 197156 08/22/2019 000442 COMPUTER ALERT SYSTEMS JEFFERSON REC CTR: ALARM SVC 75.00 75.00 CALL 197157 08/22/2019 021230 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES: CIVIC CTR 355.78 355.78 DISTR, DBA CALIF ELECTRIC SUPPLY 197158 08/22/2019 011922 CORELOGIC INC, DBA JUL PROP ID SFTWR SUBSCRIPTION 301.00 301.00 CORELOGIC SOLUTIONS 197159 08/22/2019 004329 COSTCO TEMECULA 491 SUPPLIES: HUMANS SVCS & PRGMS 537.68 537.68 197160 08/22/2019 010650 CRAFTSMEN PLUMBING & HARVESTON LAKE:PUMP BASKET 5,780.00 5,780.00 HVACINC SCREENS 197161 08/22/2019 016755 CRASH DATA GROUP, INC. SOFTWARE SUBSCRIPTION: POLICE 1,050.00 1,050.00 Page:5 apChkLst Final Check List Page: 6 08/22/2019 9:49:22AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 197162 08/22/2019 020436 CRONBERG, RICHARD N TCSD INSTRUCTOR EARNINGS 197163 08/22/2019 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOM: MORAGA RD SRVCS 197164 08/22/2019 021249 DIANA REIN INC DREIN-QUEEN OF CASTLE 8/16 197165 08/22/2019 021113 DISCOVERY SCIENCE CTR OF EXCURSION:SUMMER DAY CAMP OC, DBA DISCOVERY CUBE OF OC 197166 08/22/2019 019720 DIVERSIFIED WATERSCAPES HARVESTON LAKE PARK: WATER INC TREATMENT 197167 08/22/2019 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: STREET 197168 08/22/2019 011292 ENVIRONMENTAL SCIENCE ASSOC 197169 08/22/2019 001056 EXCEL LANDSCAPE INC 197170 08/22/2019 000165 FEDERAL EXPRESS INC 197171 08/22/2019 003747 FINE ARTS NETWORK AKA THEATRE, CO AND BALLET THEATER 197172 08/22/2019 000380 FIRST STUDENT CHARTER, DBA FIRST STUDENT INC 197173 08/22/2019 019710 FU, JIMMY MAINT FUEL FOR CITY VEHICLES: PARKS MAIN FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: PUBLIC WOF FUEL FOR CITY VEHICLES: TRAFFIC DIV FUEL FOR CITY VEHICLES: CODE ENFOI FUEL FOR CITY VEHICLES: BLDG INSPE FUEL FOR CITY VEHICLES: PUBLIC WOF FUEL FOR CITY VEHICLES: POLICE JUL PREP SEIR HARVESTON GPA AUG LDSCP MAINT: PARKS/MEDIANS: PW AUG LDSCP MAINT: PARKS/MEDIANS PV AUG LNDSCP MAINT: SLOPES PW AUG LDSCP MAINT SLOPES: PW AUG LDSCP MAINT: PARKS/MEDIANS: P% AUG LDSCP MAINT SVC: FACILITIES PW EXP MAIL SVCS: PUBLIC WORKS REFUND- SEC DEPOSIT & CANCELLED EVENT TRANSP: SUMMER DAY CAMP TRANSP: SUMMER DAY CAMP TRANSP: SUMMER DAY CAMP PHOTOGRAPHY SVCS: ECO DEV Amount Paid 308.00 275.87 229.10 1,154.00 2,814.90 725.73 1,211.92 702.65 412.15 357.33 151.67 115.90 96.88 32.58 26,991.68 58,921.01 57,870.52 40,615.26 24,635.75 21,133.27 13,379.15 27.76 605.00 2,126.88 595.91 426.56 125.00 Check Total 308.00 275.87 229.10 1,154.00 2,814.90 3,806.81 26,991.68 216,554.96 27.76 605.00 3,149.35 125.00 Page6 apChkLst Final Check List Page: 7 08/22/2019 9:49:22AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 197174 08/22/2019 010452 GAYLORD BROS INC SUPPLIES:TVM/ACE/SISTER CITY 197175 08/22/2019 000177 GLENNIES OFFICE PRODUCTS OFC SUPPLIES: STREET MAINT: PW INC OFC SUPPLIES: STREET MAINT: PW 197176 08/22/2019 000186 HANKS HARDWARE INC MAINT SUPPLIES: VARI PARKS 197177 08/22/2019 000520 HDL COREN AND CONE JUL-SEP PROP TAX CONSULTNIG:FINANCE CAFR 2018-19: TEMECULA FINANCE DEF 197178 08/22/2019 013749 HELIXSTORM INC CIVIC CTR DATA CTR CORE NETWORK 197179 08/22/2019 010210 HOME DEPOT SUPPLY INC MISC TOOLS: CIVIC CTR 197180 08/22/2019 009693 INLAND VALLEY CLASSICAL STTLMNT: THE CINDERELLA BALLET BALLET 8/17 & 8/ 197181 08/22/2019 006914 INNOVATIVE DOCUMENT JUL COPIER MAINT/USAGE/REPAIR: SOLUTIONS CITYWIDE JUL COPIER MAINT/USAGE/REPAIR: CIT' 197182 08/22/2019 003296 INTL CODE COUNCIL CODE BOOKS: PREV FIRE 197183 08/22/2019 006924 INTL MUNICIPAL SIGNAL REGISTRATION: BEARDSHEAR & ASSOC, IMSA BELLEVILLE 197184 08/22/2019 021377 JAUERT, BRYAN REIMB: '19 GANG CONF 8/12-8/16 197185 08/22/2019 021049 LE COFFEE SHOP TEMECULA RFRSHMNTS:2019 TEMECULA TREKKERS 197186 08/22/2019 011145 LODATO JILL CHRISTINE, DBA TCSD INSTRUCTOR EARNINGS BRIGHT START FOR KIDS 197187 08/22/2019 003782 MAIN STREET SIGNS, DBA CITY STREET SIGNAGE: STREET ATHACO INC MAINT 197188 08/22/2019 021378 MENCHACA, ROBERT REIMB:'19 GANG CONF 8/12-8/16 197189 08/22/2019 015259 MERCURY DISPOSAL Household battery recycling prgm SYSTEMS INC 197190 08/22/2019 013443 MIDWEST TAPE LLC BOOKS ON TAPE:LIBRARY Amount Paid Check Total 66.53 66.53 99.58 23.58 123.16 20.64 20.64 5,596.50 645.00 6,241.50 59,884.11 59,884.11 193.53 193.53 2,534.12 2,534.12 4,378.11 598.55 4,976.66 8,649.41 8,649.41 740.00 740.00 876.05 876.05 1.100.00 1.100.00 147.00 147.00 1,983.69 1,983.69 522.75 522.75 217.36 217.36 211.07 211.07 Page:? apChkLst 08/22/2019 9:49:22AM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 197191 08/22/2019 013827 MIKO MOUNTAINLION INC CONCRETE REPAIR: VARIOUS 8,500.00 CHANNELS VALLEJO/YNEZ RD: MISC CONSTRUCTI( 8,370.00 16,870.00 197192 08/22/2019 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: CIVIC CTR 74.28 INC ELECTRICAL SUPPLIES: CIVIC CTR 66.52 140.80 197193 08/22/2019 020946 MUSSON THEATRICAL INC SOUND/LIGHTING SUPPLIES: 4,425.52 4,425.52 THEATER 197194 08/22/2019 017861 MYTHOS TECHNOLOGY INC JUL-SEP MONITORING SVCS: TVE2 450.00 450.00 197195 08/22/2019 021375 NEWARK, KIMBERLY REFUND: BEAR CUB UNIVERSITYAUG 252.00 16-SEPT REFUND: BEAR CUB UNIVERSITY AUG 1 47.00 299.00 197196 08/22/2019 018402 NEWSMINDED INC NEWSPAPER SUBSCRIPTION:MPSC 125.00 125.00 197197 08/22/2019 021380 NOVAK, ROBERT REIMB: RFRSHMNTS: TRAFFIC MTG 155.16 155.16 8/14 197198 08/22/2019 017148 OAKLEY SALES CORP MOTOR GEAR & ACCESSORIES: TEM 352.35 352.35 POLICE 197199 08/22/2019 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS: PW 1,688.42 1,688.42 197200 08/22/2019 002734 P V P COMMUNICATIONS INC MOTOR HELMET REPAIR: TEM POLICE 89.91 89.91 197201 08/22/2019 002800 PACIFIC STRIPING INC CITYWIDE TRAFFIC STRIPING SVCS: 153,665.34 153,665.34 PW 197202 08/22/2019 010338 POOL & ELECTRICAL SUPPLIES: TES POOL 341.35 PRODUCTS INC SUPPLIES: MARGARITA POOL 242.57 SUPPLIES: HARVESTON LAKE PK 174.70 758.62 197203 08/22/2019 000254 PRESS ENTERPRISE 26 WK SUBSCR:CITY MGR OFC 307.49 307.49 COMPANY INC 180905647 197204 08/22/2019 000907 RANCHO TEMECULA CAR JUL VEHICLE DETAIL SVCS: TEM 35.98 35.98 WASH POLICE 197205 08/22/2019 021379 RIZZO, CARON REFUND: LIBRARY SMARTPAY 13.95 13.95 197206 08/22/2019 004274 SAFE AND SECURE LOCKSMITH SVCS: CIVIC CENTER 111.19 111.19 LOCKSMITH SRVC PageB apChkLst Final Check List Page: 9 08/22/2019 9:49:22AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 197207 08/22/2019 010366 SAN DIEGO COUNTY MOTOR, 2019 MOTOR TRNG 9/20-21 POLICE OFFICERS ASSOCIATION OFFICERS 197208 08/22/2019 005120 SAN DIEGO NATURAL EXCURSION: SUMMER DAY CAMP 8/1 HISTORY, MUSEUM 197209 08/22/2019 000278 SAN DIEGO UNION -TRIBUNE JUL PUBLIC NTCS:CITY CLERK/PLNG/PW 197210 08/22/2019 009980 SANBORN GWYNETH A, CO COUNTRY LIVE! @ THE MERC 8/17 TEMECULA MUSIC ACADEMY 197211 08/22/2019 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY: ECONDEV DAYKA PRESTON MEET 197212 08/22/2019 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 8/15 197213 08/22/2019 013029 SITEIMPROVE INC 8/15/19-8/14/20 WEBSITE SCAN SVC:I.T. 197214 08/22/2019 000645 SMART AND FINAL INC RFRSHMNTS: ACE EVENT SUPPLIES: MPSC-HUMAN SVCS 197215 08/22/2019 000519 SOUTH COUNTY PEST PEST CONTROL SVCS: CALLE CONTROL INC ARAGON PK PEST CONTROL SVCS: FIRE STA 84 PEST CONTROL SVCS: FIRE STA 95 PEST CONTROL SVCS: FIRE STA 73 197216 08/22/2019 000293 STADIUM PIZZA INC RFRSHMNTS: AQUATICS -VOLUNTEER RECOGNITIO RFRSHMNTS: AQUATICS -VOLUNTEER Al RFRSHMNTS: WORKFORCE PRGM-LEG) 197217 08/22/2019 007698 SWANK MOTIONS PICTURES RENTALS: MOVIES... PARK 8/9 INC 197218 08/22/2019 000919 TEMECULA VALLEY UNIFIED REFUND SEC DEPOSIT CC 8/6/19 SCHOOL, DISTRICT 197219 08/22/2019 016311 TIERCE, NICHOLAS GRAPHIC DESIGN SVCS: THEATER 197220 08/22/2019 010046 TV CONVENTION &VISITORS JUN'19 IMPRV DISTRICTASMNTS BUREAU, DBA VISIT TEMECULA VALLEY 197221 08/22/2019 000161 TYLER TECHNOLOGIES, INC EXECUTIME: MAINT & SUPPORT EXECUTIME: MAINT & SUPPORT Amount Paid Check Total 450.00 450.00 915.40 915.40 1,242.93 1,242.93 359.75 359.75 150.00 150.00 430.50 430.50 1,874.00 1,874.00 111.22 191.15 302.37 94.00 80.00 80.00 68.00 322.00 236.55 105.00 63.86 405.41 613.00 613.00 200.00 200.00 4,140.00 4,140.00 179, 514.02 179, 514.02 831.25 175.00 1,006.25 Page9 apChkLst Final Check List Page: 10 08/22/2019 9:49:22AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor (Continued) Description 197222 08/22/2019 020963 UPTOWN TEMECULAAUTO JUL VEHICLE DETAIL SVCS: TEM SPA LLC POLICE JUL VEHICLE WASHING SVCS: PW-CIP JUL VEHICLE WASHING SVCS: PW-LANC JUL VEHICLE WASHING SVCS: PW-NPDE 197223 08/22/2019 008977 VALLEY EVENTS INC ENTERTAIN MENT:TVM-PAINTERS... VAL LEY ART 197224 08/22/2019 014848 VALUTEC CARD SOLUTIONS JUL'19 TICKETING SVCS: THEATER LLC 197225 08/22/2019 009101 VISION ONE, INC., DBA: SHOWARE TICKETING SVCS: ACCESSO SHOWARE THEATER 197226 08/22/2019 007987 WALMART RFRSHMNTS: MOVIES... PARK 8/9 197227 08/22/2019 008402 WESTERN RIVERSIDE CO JUL'19 MSHCP PAYMENT REG, CONSERVATION AUTHORITY 197228 08/22/2019 021148 WEX BANK 7/7/19-8/6/19 FUEL USAGE:POLICE Amount Paid Check Total 16.00 4.00 4.00 4.00 28.00 425.00 425.00 111.91 111.91 2,155.40 2,155.40 113.16 113.16 19,512.00 19,512.00 1,391.88 1,391.88 Grand total for UNION BANK: 1,212,416.83 Page:10 apChkLst Final Check List Page: 11 08/22/2019 9:49:22AM CITY OF TEMECULA 146 checks in this report. Grand Total All Checks: 1,212,416.83 Page:11 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: September 10, 2019 SUBJECT: Approve the Sponsorship Agreement with Valley of the Mist Quilt Guild for the Old Town Temecula Outdoor Quilt Show (At the Request of the Subcommittee Members Mayor Pro Tem Stewart and Council Member Edwards) PREPARED BY: Dawn Adamiak, Community Services Manager RECOMMENDATION: That the City Council approve the sponsorship agreement with Valley of the Mist Quilt Guild for in -kind support valued at $1,050 for City support and $11,415 for promotional services. BACKGROUND: Staff received a sponsorship request from Valley of the Mist Quilt Guild to provide support for the annual Old Town Temecula Outdoor Quilt Show to be held on October 5, 2019. The Economic Development Subcommittee of the City Council (Mayor Pro Tern Stewart and Council Member Edwards) met on April 4, 2019, to review the budget on this special event and recommended support at the levels indicated below. The Old Town Temecula Outdoor Quilt Show will serve as a fundraiser for the Valley of the Mist Quilt Guild, a local non-profit, charitable, educational, and social organization formed in 1990. They promote the knowledge of and appreciation for all aspects of quilting and fiber arts with an active philanthropy program. Throughout the year, the members give of their time, effort, skill, and talent to hundreds of individuals throughout the Temecula Valley. Portions of the profits go to three local charities. The recipient charities in 2018 were: Quilts of Valor (veteran charity); Round Up Hope (horse therapy supporting physical/mental disabilities); and 4Paws 4Patriots (veteran service dog charity). The annual Old Town Temecula Outdoor Quilt show will include beautiful quilts displayed from eaves and porches throughout Old Town, a live large quilt auction, a small silent quilt auction, and textile demonstrations. FISCAL IMPACT: The City support costs of $1,050 and in -kind promotional services of $11,415 are included in the Fiscal Year 2019-20 Operating Budget of the various supporting departments. ATTACHMENTS: Agreement SPONSORSHIP AGREEMENT BETWEEN CITY OF TEMECULA AND VALLEY OF THE MIST QUILT GUILD THIS AGREEMENT is made and effective as of this 10th day of September, 2019, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Valley of the Mist Quilt Guild, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Old Town Temecula Outdoor Quilt Show (hereinafter referred to as the "Event") on October 5, 2019. The Event is a special event which is located throughout Old Town Temecula. b. The Event includes quilts on display throughout Old Town, a live large quilt auction, a small quilt silent auction and quilting related booths. C. Alcohol will not be served. d. The City desires to be a Co -Sponsor of the Event. 2. TERM This Agreement shall commence on September 10, 2019, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2019, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in -kind city -support services valued at an amount not to exceed One Thousand Fifty Dollars and No Cents ($1,050.00) and in -kind promotional services valued at an amount not to exceed Eleven Thousand Four Hundred Fifteen Dollars and No Cents ($11,415.00) as listed in Exhibit B, the City of Temecula shall be designated as a Co -Sponsor of the Event. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Co -Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 07/10/2019 5. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 6. 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. 7. 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 September 20, 2019 , 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: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 07/10/2019 Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the 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) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. 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. 07/10/2019 8. 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. 9. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 10. 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. 11. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: Valley of the Mist Quilt Guild Attn: Pat Jordan PMB 435 27475 Ynez Road Temecula, CA 92591 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 07/10/2019 officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 16. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 17. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The 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. 07/10/2019 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By. Michael S. Naggar, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: VALLEY OF THE MIST QUILT GUILD (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) 1 i By: "Janice Quackenbush, President Annette Fecteau, Secretary Peter M. Thorson, City Attorney NONPROFIT Valley of the Mist Quilt Guild Attn: Pat Jordan PMB 435 27475 Ynez Road Temecula. CA 92591 pjordan@ucsd.edu PM Ini#ia s Date: L 07/10/2019 EXHIBIT "A" CITY OF TEMECULA SPONSORSHIP BENEFITS CO-SPONSOR Valley of the Mist Quilt Guild shall provide the following benefits and services for the citizens of the City of Temecula: • City of Temecula logo/name on advertisements ■ City of Temecula name on all press releases • City of Temecula logo/name on event poster • City of Temecula logo/name on event flyers City of Temecula logo/name on event t-shirt "Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. 07/10/2019 EXHIBIT "B" IN -KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Old Town Temecula Outdoor Quilt Show event. The following expenses can be anticipated for the event: Police: $ 0.00 Community Services: $ 1,050.00 Public Works: 0.00 TOTAL: ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in -kind promotional assistance provided by The City of Temecula for the Old Town Temecula Outdoor Quilt Show is as follows: Item Value Auto Mall Marque $ 3,115.00 Appears approximately once every 4'/2 minutes Cable Channel $ 5,100.00 Event slide appears approximately once per hour for 30 seconds City Website $ 2,200.00 Event listing on the City of Temecula's event calendar Promotional Poster $ 1,000.00 42X66 poster displayed in the concourse at the Civic Center TOTAL VALUE: $ 11.415.00 9 07/10/2019 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: September 10, 2019 SUBJECT: Approve the Sponsorship Agreement with Inland Valley Business & Community Foundation dba TEDx for TEDx Temecula (At the Request of Subcommittee Members Mayor Pro Tern Stewart and Council Member Edwards) PREPARED BY: Dawn Adamiak, Community Services Manager RECOMMENDATION: That the City Council approve the sponsorship agreement with Inland Valley Business & Community Foundation dba TEDx Temecula for $11,415 of in -kind promotional services and $2,500 in economic development funding. BACKGROUND: Staff received a sponsorship request from Inland Valley Business & Community Foundation dba TEDx to provide support for the TEDx Temecula to be held on September 28, 2019. The Economic Development Subcommittee of the City Council (Mayor Pro Tern Stewart and Council Member Edwards) met on April 4, 2019, to review the budget on this special event and recommended support at the levels indicated below. TED is a non-profit organization devoted to Ideas Worth Spreading. Over the years, TED has grown to support those world -changing ideas with multiple initiatives. At TED, the world's leading thinkers and doers are asked to give the talk of their lives. TED speakers have included Bill Gates, Jane Goodall, and former UK Prime Minister Gordon Brown. Since 2012, TEDx Temecula has brought dynamic speakers and performers to an engaged audience with fresh ideas on technology, entertainment, design, health, education, the arts and more. This year's event includes a morning session, lunch, afternoon session and a reception. FISCAL IMPACT: The in -kind promotional services of $11,415 and economic development funding of $2,500 are included in the Fiscal Year 2019-20 Operating Budget of the various supporting departments. ATTACHMENTS: Agreement SPONSORSHIP AND ECONOMIC DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND INLAND VALLEY BUSINESS & COMMUNITY FOUNDATION DBA TEDx TEMECULA THIS AGREEMENT is made and effective as of this 10th day of September, 2019, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Inland Valley Business & Community Foundation dba TEDx Temecula, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate TEDx Temecula (hereinafter referred to as the "Event") on September 28, 2019. The Event is a special event which is located at the Old Town Temecula Community Theater. b. The Event includes a locally -organized TED conference where the goal is to highlight the remarkable people in our region and shine a light on Temecula. C. Alcohol will not be served. d. The City desires to be a Co -Sponsor of the Event by providing Economic Development Funding and City Support Services. 2. TERM This Agreement shall commence on Spetember 10, 2019, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2019, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in -kind promotional services valued at an amount not to exceed Eleven Thousand Four Hundred Fifteen Dollars and No Cents ($11,415.00), as listed in Exhibit B, the City of Temecula shall be designated as a Co -Sponsor of the Event. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A. b. The City of Temecula shall also provide Economic Development Funding in the amount of Two Thousand Five Hundred Dollars and No Cents ($2,500.00) cash which will be allocated to pay for Old Town Temecula Theater rental costs. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Co -Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 07/11 /2019 5. FINANCIAL REVIEW The Nonprofit shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event. This financial review of the Event should be completed and submitted to the City no later than December 31, 2019. The financial review shall provide a general summary report on how funds were expended and used to benefit Temecula Valley residents and shall include documentation, including but not limited to, copies of invoices, receipts and cancelled checks to support the Sponsorship Funding. The financial documentation is subject to an audit, as determined by City staff. 6. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 7. 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. 8. 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 September 6, 2019, 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: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 07/11 /2019 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agencythat it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. 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. 07/11 /2019 9. 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. 10. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 11. 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. 12. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: Inland Valley Business & Community Foundation dba TEDx Temecula Attn: Jim McLaughlin 40497 Windsor Road Temecula, CA 92591 13. 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. 07/11 /2019 b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 14. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 15. AUTHORITY TO EXECUTE THIS AGREEMENT 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. 07/11 /2019 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA INLAND VALLEY BUSINESS & COMMUNITY FOUNDATION dba TEDx TEMECULA (rwa Signatures of corporale officers required unless cWW-Ite documents authorize only Ong Person to sign the aureenjunt nn behaN of the corporation.) By: By: - Michael S. Naggar, Mayor 4*ttey, President ATTEST: By: -_� By: -- - - - -- - Randi Johl, City Clerk Marie Waite, VP of Marketing APPROVED AS TO FORM: Peter M. Thorson, City Attorney NONPROFIT Inland Valley Business & Community Foundation dba TEDx_Temecula Attn: Jim McLaughlin �- 40497 Windage Road Temecula, CA 92S91 -fim tedxtemecula.com - PM Initial C - Date: 6 07111/2019 EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS CO-SPONSOR In exchange for providing in -kind City promotional services valued at Eleven Thousand Four Hundred Fifteen Dollars and No Cents ($11,415.00) for TEDx Temecula, the citizens of the City of Temecula shall receive the following benefits. ♦ City of Temecula Logo on Printed Material ♦ City of Temecula Name on all Radio Promotion (if applicable) ♦ City of Temecula Name in all Press Releases ♦ Complimentary Sponsor Tickets (5) The Community Support Funding of Two Thousand Five Hundred Dollars and No Cents ($2,500.00) cash will help fund community grants to organization that offer education, support, treatment and diagnostic services for uninsured and underserved Inland Empire citizens. 07/11 /2019 EXHIBIT "B" ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in -kind promotional assistance provided by The City of Temecula for the TEDx Temecula is as follows: Item Auto Mall Marque Appears approximately once every 4 '/z minutes Cable Channel Event slide appears approximately once per hour for 30 seconds City Website Event listing on the City of Temecula's event calendar Promotional Poster 42X66 poster displayed in the concourse at the Civic Center TOTAL VALUE: Value $ 3,115.00 $ 5,100.00 $ 2,200.00 $ 1,�000.00 $ 11,415.00 07/11 /2019 Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: September 10, 2019 SUBJECT: Approve the Sponsorship Agreement with Old Town Temecula Gunfighters for Western Days 2019 (At the Request of Subcommittee Members Mayor Pro Tern Stewart and Council Member Edwards) PREPARED BY: Dawn Adamiak, Community Services Manager RECOMMENDATION: That the City Council approve the sponsorship agreement with Old Town Temecula Gunfighters for in -kind support valued at $700 for City support, $11,415 for promotional services, and $4,000 in economic development funding. BACKGROUND: Staff received a sponsorship request from the Old Town Temecula Gunfighters to provide support for the 2019 Western Days to be held on September 14-15, 2019. The Economic Development Subcommittee of the City Council (Mayor Pro Tern Stewart and Council Member Edwards) met on April 4, 2019, to review the budget on this special event and recommended support at the levels indicated below. The Old Town Gunfighters were notified of their obligation to notify Old Town businesses and patrons in advance of their performances. This notification extends to their private performances as well as co -sponsored events. Western Days and the Old Town Temecula Gunfighters have been acting as ambassadors to Temecula for 29 years. Western Days provides entertainment in the form of humorous and/or historically accurate gunfighter reenactments, gun safety demonstrations, historical activities for children (such as rope making, hand pumping water and washing clothes in a tub), period music, gold panning, and Civil War encampments. This event draws hundreds of locals and visitors and is a staple in our Autumnfest event line-up. FISCAL IMPACT: The City support costs of $700; in -kind promotional services of $11,415; and $4,000 in economic development funding are included in the Fiscal Year 2019-20 Operating Budget of the various supporting departments. ATTACHMENTS: Agreement SPONSORSHIP AND ECONOMIC DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND OLD TOWN TEMECULA GUNFIGHTERS THIS AGREEMENT is made and effective as of this 10th day of September, 2019, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Old Town Temecula Gunfighters, a non-profit historical society (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate Western Days 2019 (hereinafter referred to as the "Event") on September 14-15, 2019. The Event is a special event which is located in Sam Hicks Monument Park and The Hotel Temecula. b. The Event includes entertainment in the form of humorous and/or historically accurate gunfighter reenactments, musicians, and Black Smiths. C. Alcohol will not be served. d. The City desires to be a Co -Sponsor of the Event by providing Economic Development Funding and City Support Services. 2. TERM This Agreement shall commence on September 10, 2019, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2019, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in -kind city -support services valued at an amount not to exceed Seven Hundred Dollars and No Cents ($700.00) and in -kind promotional services valued at an amount not to exceed Eleven Thousand Four Hundred Fifteen Dollars and No Cents ($11,415.00) as listed in Exhibit B, the City of Temecula shall be designated as a Co -Sponsor of the Event. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A. b. The City of Temecula shall also provide Economic Development Funding in the amount of Four Thousand Dollars and No Cents ($4,000.00) cash which will be allocated to pay for additional Gunfighter groups and musicians. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Co -Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 07/11 /2019 5. FINANCIAL REVIEW The Nonprofit shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event. This financial review of the Event should be completed and submitted to the City no later than December 31, 2019. The financial review shall provide a general summary report on how funds were expended and used to benefit Temecula Valley residents and shall include documentation, including but not limited to, copies of invoices, receipts and cancelled checks to support the Sponsorship Funding. The financial documentation is subject to an audit, as determined by City staff. 6. PERMITS The Nonprofit shall file applications for a Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval of the permit. The Nonprofit shall comply with all conditions of approval for the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 7. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 8. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or 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. 9. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by September 3, 2019, its agents, representatives, or employees. a. MinirnUM 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 07/11 /2019 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: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agencythat it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Nonprofit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 07/11/2019 e. Acceptability of_Insurer s. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VI I or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 11. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section, 12. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i)personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: Old Town Temecula Gunfighters Attn, Tim Kimble 30525 Emperor Drive Canyon Lake, CA 92587 07/11 /2019 14. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 15. 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. 16. 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. 07/11 /2019 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By; Rand! Johl, City Clerk APPROVED AS TO FORM: By: OLD TOWN TEMECULA GUNFIGHTERS (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation) I_ By: V Tim Kimble, President Peter M. Thorson, City Attorney NONPROFIT Old_ Town Temecula Gunfighters Attn: Tim Kimble 30525 Emperor Drive Canyon Lake, CA 92587 (951) 674-8711 temeculag unfighters hotmail.com PM Initials: Aj Date: 07/11 /2019 EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS CO-SPONSOR In exchange for providing in -kind city -support services of Public Works, Community Services and Police valued at an amount not to exceed $700.00, and in -kind City promotional services valued at $11,415.00 for Western Days 2019, the citizens of the City of Temecula shall receive the following benefits. ♦ City of Temecula Logo on Printed Material ♦ City of Temecula Name on all Radio Promotion ♦ City of Temecula Name in all Press Releases The Economic Development Funding of $4,000.00 cash will help fund additional Gunfighter groups, musicians and other event related entertainment. 07/11 /2019 EXHIBIT "B" IN -KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for Western Days 2019 event. The following expenses can be anticipated for the event: Police: $ 300.00 Community Services: $ 200.00 Public Works: 200.00 TOTAL: $ T00.0� ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in -kind promotional assistance provided by The City of Temecula for Western Days 2019 is as follows: Item Value Auto Mall Marque $ 3,115.00 Appears approximately once every 4 Y2 minutes Cable Channel $ 5,100.00 Event slide appears approximately once per hour for 30 seconds City Website $ 2,200.00 Event listing on the City of Temecula's event calendar Promotional Poster 1,000.00 42X66 poster displayed in the concourse at the Civic Center TOTAL VALUE: $--9-t 4i5 00 s 07/11 /2019 Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Director of Information Technology and Support Services DATE: September 10, 2019 SUBJECT: Approve the Purchase of the Fiscal Year 2019-20 Software Support and Maintenance for Tyler Technologies Suite of Products PREPARED BY: Damion Patrick, Assistant Director of Information Technology and Support Services RECOMMENDATION: That the City Council: 1. Approve the purchase of software support and maintenance for the Tyler EnerGov Permitting System, in the amount not to exceed $86,096.20; 2. Authorize the City Manager to approve a contingency in an amount not to exceed $8,609.62, which is equal to 10% of the total amount. BACKGROUND: The City utilizes Enterprise Software from Tyler Technologies to support operations throughout the City. The Tyler EnerGov Permitting System is used for managing permits, inspections, business licenses, code enforcement cases, cashiering, and the online citizen access portal. Due to the critical nature of the permitting systems, the City requirement is to purchase annual software support and maintenance for this system. Purchasing the annual software support and maintenance guarantees that the City receives technical support, including software and security updates. The City's use of this product insures conformance with state and federal regulations. FISCAL IMPACT: Adequate funds have been budgeted in the Fiscal Year 2019-2020 Information Technology operating budget. ATTACHMENTS: Software Support and Maintenance Invoice ler technologies Bill To: City of Temecula Accounts Payable 41000 Main Street Temecula, CA 92590-2764 Remittance: Tyler Technologies, Inc. (FEIN 75-2303920) P.O. Box 203556 Dallas, TX 75320-3556 Invoice Invoice No Date Page 025-268886 09/01 /2019 1 of 1 Questions: Tyler Technologies - Local Government Phone: 1-800-772-2260 Press 2, then 2 Email: ar@tylertech.com Ship To: City of Temecula Accounts Payable 41000 Main Street Temecula, CA 92590-2764 Cust No.-Bil/To-ShipTo Ord No PO Number Currency Terms Due Date 5314 - MAIN - MAIN 112949 USD NET30 10/01/2019 Date Description Units Rate Extended Price Contract No.: TEMECULA, CITY OF Software Support & Maintenance: EnerGov Other 1 71,696.20 71,696.20 Maintenance: Start: 01/Oct/2019, End: 30/Sep/2020 Tyler Cashiering - Maintenance Maintenance Start: 01/Oct/2019, End: 30/Sep/2020 Software Support & Maintenance: EnerGov IG Inspect/Enfoce Maintenance: Start: 01/Oct/2019, End: 30/Sep/2020 3,780.00 10,620.00 3,780.00 10,620.00 "ATTENTION" Subtotal 86,096.20 Order your checks and forms from Tyler Business Forms at 877-749-2090 or Sales Tax 0.00 tylerbusinessforms.com to guarantee 100% compliance with your software. Invoice Total 86,096.20 Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Brad Casady, Battalion Chief DATE: September 10, 2019 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 2019-20 operating budgets. FISCAL IMPACT: Total expenditure not to exceed $10,000. Adequate funds are available in the Fiscal Year 2019-20 Police and Fire Department budgets. ATTACHMENTS: Sponsorship Agreement SPONSORSHIP AGREEMENT BETWEEN CITY OF TEMECULA AND TRUAMA INTERVENTION PROGRAM OF SOUTHWEST THIS AGREEMENT is made and effective as of this 1oth day of September, 2019 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Truama Intervention Program of Southwest Riverside County, 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. Availability 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 ederly persons; people involved in vehicle accidents; survivors or suicide and those that are distraught and seeking immediate support. 2. TERM This Agreement shall commence on July 1, 2019, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2020, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing support services in Fiscal Year 2019-2020 the City agrees to pay the Nonprofit an amount not to exceed Ten Thousand Dollars and No Cents ($10,000.00) on or before March 1, 2020. There is no in -kind services the Nonprofit will be called in on as needed basis. 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. 07/10/2019 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 July 1, 2019 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 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) 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 07/10/2019 Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. 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 with this section. 8. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, 07/10/2019 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 othor address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: Truama Intervention Program of Southwest 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 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. 07/10/2019 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. 07/10/2019 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Choose an item By: Michael S. Naggar, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney Truama 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: Jennifer Lee, Chairwoman of the Board of Directors By: QC M a Stewart, Chief Executive ❑ i cer NONPROFIT Truama Intervention Program of Southwest Riverside County, Inc Magda Stewart P.O. Box 585, Murrita, CA 92564 Phone Number (9516) 98-2453 magdaoftipswrc@gmail.com PM Initials: Date: 07/10/2019 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 10, 2019 SUBJECT: Approve an Agreement with Ford of Chula Vista for the Purchase of Three (3) 2020 Ford Ranger XL Supercab Trucks PREPARED BY: Julie Tarrant, Principal Management Analyst Stacey Biddle, Management Assistant RECOMMENDATION: That the City Council approve an agreement with Ford of Chula Vista, in the amount of $81,885.48, for the purchase of three (3) 2020 Ford Ranger XL Supercab trucks. BACKGROUND: On July 23, 2019, the Public Works Department electronically posted on the City of Temecula's online bidding service, Planet Bids, a Request for Quote (RFQ), for the purchase of new Ford Ranger XL Supercab trucks, RFQ No. 047. The solicitation specified both standard equipment, and specialized equipment including a trailer tow package. We received 4 bids by the submission deadline of August 13, 2019. The solicitation included the provision for Local Vendor Preference Program. Gosch Ford Temecula, a local vendor, was given the opportunity to match the lowest bidder as provided in the program; however, chose to not reduce their pricing. The following vendors responded and provided their quotes, as follows; 1. Ford of Chula Vista $27,295.16/each 2. Gosch Ford Temecula (local) $27,847.23/each 3. Fairview Ford $28,603.48/each 4. South Bay Ford Lincoln $29,696.31/each The purchase of three (3) 2020 Ford Ranger XL Supercab trucks will provide for vehicle replacements to serve two departments, including two (2) for the Community Services Park Rangers and one (1) for Public Works. Pursuant to the City's purchase policy, staff recommends the authorization of the purchase of a total of three (3) 2020 Ford Ranger XL Supercab trucks. FISCAL IMPACT: The purchase of three Ford Rangers is included, and adequate funds are available in the Fiscal Year 2019-2020 Annual Operating Budget, Capital Outlay Vehicle Replacement Fund. ATTACHMENTS: Purchase Agreement AGREEMENT FOR PURCHASE OF VEHICLES BETWEEN CITY OF TEMECULA AND FORD OF CHULA VISTA THREE (3) 2020 FORD RANGER XL SUPERCAB TRUCKS THIS AGREEMENT is made and effective as of September 10, 2019, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Ford of Chula Vista, a Corporation (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on September 10, 2019, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2020, unless sooner terminated pursuant to the provisions of this Agreement. 2. PURCHASE AND SALE OF VEHICLES On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Vendor agrees to sell and deliver to City three (3) 2020 Ford Ranger XL Subercab Trucks, as more particularly described in Exhibit A, Description of Vehicles (hereinafter referred to as "Vehicles"), attached hereto and incorporated herein as though set forth in full. 3. PURCHASE PRICE The Purchase Price that City agrees to pay to Vendor for the Vehicles is Eighty - One Thousand, Eight Hundred Eighty -Five Dollars and Forty -Eight Cents ($81,885.48). The Purchase Price is final and shall be paid by City to Vendor in accordance with the following schedule: three (3) vehicles at $27,295.16 each within thirty (30) days upon receipt of non - disputed invoice. 4. REPRESENTATION AND WARRANTIES OF VENDOR Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title License and Operating Condition. Vendor has good and marketable title to all of the Vehicles. All of the Vehicles are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Vehicles free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Vehicles are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Vendor is aware that City is purchasing the Vehicles for use as City fleet vehicles, and that City is relying 07/10/2019 on the warranties of the Vendor that the Vehicles are fit for this purpose and the ordinary purposes for which the Vehicles are normally used. C. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains or will contain any untrue statements of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. TIME OF DELIVERY The date and time of delivery of the Vehicles shall be on or before June 30, 2020. 6. PLACE OF DELIVERY The Vehicles shall be delivered to the following location: City of Temecula Field Operations Center 43230 Business Park Dr Temecula, CA 92590 7. TITLE AND RISK OF LOSS Title to and the risk of loss, damage and destruction of the Vehicles shall remain with the Vendor until after inspection and acceptance of the Vehicles by City. 8. INSPECTION AND ACCEPTANCE City shall inspect the Vehicles at the time and place of delivery. Such inspection may include reasonable tests and use of the Vehicles by City. If, in the determination of City, the Vehicles fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Vehicles to City. Failing such notice, the Vehicles shall be deemed accepted by City as of the date of receipt. 9. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "Acceptance" above, City may, at its option, (1) reject the whole of the Vehicles, (2) accept the whole of the Vehicles, or (3) accept any commercial unit or units of the Vehicles and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 10. NO REPLACEMENTS OF CURE This Agreement calls for strict compliance. Vendor expressly agrees that both the Software tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Software or any part thereof pursuant to the section entitled "Rejection" above, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Vendor. 07/10/2019 11. INDEMNIFICATION Vendor agrees to defend, indemnify, protect, and hold harmless, the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, and its officers, officials, employees, agents, and volunteers, from and against any and all claims, demands, losses, defense costs or expenses, actions, liability or damages of any kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Vendor's negligent or wrongful acts or omissions arising out of or in any way related to the Work or the Vendor's performance or non-performance of this Agreement, excepting only liability out of the sole negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 12. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: • Description of Vehicles (from the Request for Quotes (RFQ)), attached hereto as Exhibit A • Response/Quotation to the Request for Quotes (RFQ), attached hereto as Exhibit B b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. C. In the event of a conflict in terms between this Agreement, the Request for Quotes (RFQ) and/or the Vendor's response to the RFQ, this Agreement shall prevail over the RFQ and the Vendor's response to the RFQ. 13. REMEDIES The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 14. SURVIVAL OF RERESENTATIONS AND WARRANTIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 15. LEGAL RESPONSIBILITIES The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 07/10/2019 16. ASSIGNMENT The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. Upon termination of the Agreement, Vendor's sole compensation shall be payment for actual Vehicles received. 17. SEVERABILITY If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. 18. 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 Vendor, or Vendor's sub -Contractors for this project, during his/her tenure or for one year thereafter. The Vendor 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 Vendor or Vendor's sub -Contractors on this project. Vendor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT; MODIFICATION WAIVER This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether oral or written. No supplement, modification or amendment of this Agreement or the Agreement Documents shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement or the Agreement Documents shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 20. 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. 07/10/2019 Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Vendor: Ford of Chula Vista Attn: John Morshead 560 Auto Park Dr. Chula Vista, CA 91911 21. EFFECTS OF HEADINGS The subject headings of the sections and subsections of this Agreement are included for convenience only and shall not affect or be considered in the construction or interpretation of any of its provisions. 22. GOVERNING LAW This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district 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. 23. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind the Vendor to the performance of its obligation hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 07/10/2019 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA FORD OF CHULA VISTA (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By. Michael S. Naggar, Mayor Robert Valdes, Dealer P ATTEST: By: By: Randi Johl, City Clerk hn M , Commercial Fleet Mana r APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney VENDOR Ford of Chula Vista Attn: John Morshead 560 Auto Park Dr. Chula Vista, CA 91911 Ph.: 619-206-1033 johnwm@cvauto.net PM Initia Date: T 0 7 111 6 07/10/2019 EXHIBIT A DESCRIPTION OF VEHICLES Vendor recognizes and agrees that this Agreement is for establishing a contractual relationship between the City of Temecula and the Vendor, for the purchase of goods or services. The procedure for ordering goods or requesting services is set forth as follows: 1. The City Manager or his designee shall submit to Vendor a written "Request for Order/Services". The Request for Order/Services shall include a description of the items to be purchased or the services to be completed, the time for delivery or completion of the services, and the plans and specifications for goods and Vehicles, if any. 2. Within five (5) business days of the date of the Request for Order/Services, Vendor shall respond in writing to the Request for Order/Services and advise the City Manager or his designee whether the goods are available or services can be performed, along with the cost and estimated delivery or start of services. 3. In the event an emergency or service is required, the City Manager or his designee may transmit the Request for Order/Services orally to the Vendor. As soon as practical following the emergency, the Vendor and City designee shall in good faith confirm in writing the scope of the emergency order submitted or services undertaken. 4. Upon acceptance of the Vendor's response by the City Manager or his designee the Vendor shall proceed with the order or begin services. The acceptance of the goods and/or performance of the services shall be pursuant to the terms of this Agreement. 07/10/2019 EXHIBIT A DESCRIPTION OF VEHICLES (cont.) No. ITEM DESCRIPTION sPNc UD DON (YE51F14) 1 _ Model 2019 Ford Ranger XL Supereab, 6' Box, 4x2 2. Engine 2.31- Eeaboosi with Auto S mtStop Technology 3_ Transmission Eleckonicc Ten -Speed Automatic 4_ Exterior ■ 16-Inch Silver Steel Wheels • Spray4n Bedbner • 3.73 open Style Axle Ratio • P25517OR 16' All -Season Black Side Wall Tires • Paint: Oxford While 5_ Interor • Ebony • Cloth Bucket Front Seal: ■ AM1FM Stereo with 6 Speakers and SYNC • 2 Additiona! Kev Fobs (4 total per vehicle 6_ Packages • 101A Trader Tow Package 7. Additional Delivery Point Requirements Price quoted shall include all delivery and unloading charges to the purchaser. Dealer Service_ The equipment famished under this contract shall be corn pletely serviced by the vendor prior to delivery It shall be ready for operation when delivered. Any further servicing by the vendor will not be required except in connection with repairs or adjust penis covered by the manufacturer or dealers warranty_ E ui rent Condition_ The vehicle furnished shall be new and unused, current model with standard factory fittings, trim and accessories w4ess otherwise noted. Vehicle Registration Dealer shall provide all DIIAV services for permanent registration and supply exempt license plates. 07/10/2019 EXHIBIT B PAYMENT RATES AND SCHEDULE Ford of Chula Vista 560 Auto Park Dr Dale:E Aug 2019 ChulaVista, Ca 91911 Deal/Invoice: TBD John Morshead HFQ047 Master Certified Commercial Fleet Manager Pa 4 TBD (619)656-3311 Mobile 1619j206.1433 To: City of Temecula Attn: Rodney. Tidwell Address: 41000 Mains Street City: Temecula State, CA Zip: 92590 Phone: (951) 302-4102 E•maal: rodney.tedwelltiiptemeculaca.grnr Unit Price Total FQTY 3 Ea 12020 Ford Ranger XL Super Cab R1E PEG 1014 $24.999,OCi $74,997.00 1FTER1EH5-LLA•---- i Z leq .'{ 1 . Ins ap a. �3 x Ea CA Sales Tax @ S- -' 07 c, 047 n� V�b 10 Ea CA Tire Fee @ $1.75 per Tire l;5 Each Truck] $8.75 $26-25 3 Ea Estimated CA DMV inc, Weight & TIP EXEMPT EXEMPT 3 Ea Transport 1 way Chula Vista to Temecula 100 $M0.00 Sub Total unit cost FOB Due-. Terms: R4et 30 Ford of Chula Vista 5W Auto Park Dr Chula Vista, Ca 91911 (619)656-2500 Wire instructions: Chase Bank Primary E-mail: CV Automotive Group Inc 08A Ford o1' Chula Vista Routing* 322271627 Ford Of Ch a Vi a Acct #- 371980662 iph t Mgr. ofmecuia by Designated Signer 9 07/10/2019 Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 10, 2019 SUBJECT: Approve an Annual Professional Services Agreement with Overland, Pacific & Cutler, LLC for Property Acquisition Services for the Department of Public Works for Fiscal Years 2020-2024 PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council approve an annual professional services agreement with Overland, Pacific & Cutler, LLC for property acquisition services for the Department of Public Works for Fiscal Years 2020-2024, in the amount of $60,000 annually, for a total agreement amount of $300,000 for the period of five years. BACKGROUND: On May 2, 2019, the Department of Public Works posted a Request for Proposals (RFP) for Property Acquisition Services, RFP No. 237 on the City's online bidding service Planet Bids, and a total of eight proposals were received by the submittal deadline of May 24, 2019. All proposals were reviewed by selected panel members to determine the most qualified and competitively priced firms, and after a thorough review of each proposal, Overland, Pacific & Cutler, LLC was selected to provide the City with property acquisition services. The intent is to enter into an annual service agreement with for a period of five -years for Fiscal Years 2020-2024, with an annual amount and five-year total agreement value. There are various projects in the City's recently approved Five -Year Capital Improvement Program, Fiscal Years 2020-24 which may require the services of a property appraisal and acquisition consultant. When the need for services arise, the City will request a proposal from our selected consultants to perform these services, and the associated project budget funds will be utilized to cover the cost of the work. Only approved CIP projects will utilize the services of these agreements, unless otherwise directed by the City Manager or City Council. FISCAL IMPACT: Adequate funds are available in the Five -Year Capital Improvement Program, Fiscal Years 2020-2024, as approved by City Council at their regular meeting of June 11, 2019. Individual annual services are funded by the various funding sources approved for each project. ATTACHMENTS: Agreement — Overland, Pacific & Cutler, LLC AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND OVERLAND, PACIFIC & CUTLER, LLC PROPERTY ACQUISITION SERVICES THIS AGREEMENT is made and effective as of September 10, 2019 between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Overland, Pacific & Cutler, LLC, a Corporation (hereinafter referred to as "Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on July 23, 2019 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2024, 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, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov_. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 03/11 /2019 5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.htmi 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 Sixty Thousand Dollars and Zero Cents ($60,000.00), each fiscal year, for a total Agreement amount of Three Hundred Thousand Dollars and Zero Cents ($300,000.00) 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. 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. 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the 03/11 /2019 Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. BUSS GO] 10. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons 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. 1) Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. a. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million ($1,000,000) accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. 03/11 /2019 b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Fifty Thousand Dollars and No Cents ($50,000). G. 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 insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. d. 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. e. 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. 03/11 /2019 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable 03/11/2019 document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Overland, Pacific & Cutler, LLC 2280 Market Street, Suite 200 Riverside, CA 92501 (951) 801-6816 vcook@opcservices.com 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify 03/11 /2019 the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 03/11 /2019 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Rand! Johl, City Clerk APPROVED AS TO FORM: Overland, Pacific & Cutler, LLC (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Brian Everett, By: Mak Zvirbulis, COO By: Peter M. Thorson, City Attorney CONSULTANT Overland, Pacific & Cutler, LLC Attn: Victoria Cook 2280 Market Street, Suite 200 Riverside, CA 92501 (951) 801-6816 _ vcook@opcservices.com PM Initial Date: 03/1112019 WA1111=3kr1 Tasks to be Performed The specific elements (scope of work) of this service include: • Research and/or Review Title Reports • Prepare necessary Surveys and Identify Existing Right of Way • Prepare Description of Properties including, but not limited to, present use, zoning, shape contour and elevations, utilities, etc. • Prepare necessary Legal Descriptions, Exhibits, and any other miscellaneous services for acquisition purposes • Provide assistance to the City, as necessary, to Acquire Right of Way, including Negotiations with Property Owners, Relocation Assistance, Valuation of Business Goodwill, Preparation of Easement Documents, and Permission to Enter/Grade Letters, etc. • Appraise Properties for the purpose of estimating fair market value, provide Appraisal Reports, and Perform Review Appraisals 10 03/11 /2019 IOWN :II--- Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $300,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 11 03/11 /2019 OPC 2019 Schedule of Hourly Rates Management & Implementation Senior Program Manager $250.00 Program Manager $200.00 Senior Project Manager $150.00 Project Manager/Project Controls Manager $130,00 Sr. Acquisition Agent/Sr. Relocation Agent/Sr. Analyst $115.00 Acquisition Agent/Relocation Agent/Analyst $105.00 Real Estate Appraisal Senior Valuation Manager $275.00 Valuation Manager $250.00 Senior Valuation Analyst $225.00 Valuation Analyst $150.00 Assistant Valuation Analyst $105.00 Utility Coordination Utility Manager $150.00 Senior Utility Coordinator $130.00 Utility Coordinator $115.00 Property Management/Propertv Services Property Management Supervisor $150.00 Property Manager $115.00 Property Services Supervisor $115.00 Community Liaison $105.00 Landscape Crewperson $40.00 Project Support/Administrative Project Support Specialist $75.00 Administrative Assistant $55.00 Enhancing Lives Through Infrastructure f1 O PC www.OPCservices.com 12 Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: September 10, 2019 SUBJECT: Approve the Agreement for Consultant Services with Mark Thomas & Company, Inc. for the I-15 Congestion Relief Project, PW19-02 PREPARED BY: Amer Attar, Principal Civil Engineer Avlin R. Odviar, Senior Civil Engineer RECOMMENDATION: That the City Council: 1. Approve the acceleration of $100,000.00 of General Fund from FY2020-21 to the current FY2019-20; 2. Approve an additional appropriation of $651,724.80 of General Fund to the I-15 Congestion Relief Project, PW19-02; 3. Approve the agreement for consultant services with Mark Thomas & Company, Inc., in the amount of $1,001,568.00, to provide professional design and environmental services for the I-15 Congestion Relief Project; 4. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $100,156.80, which is equal to 10% of the agreement amount. BACKGROUND: The Move I-15 Through Temecula Valley Task Force consists of more than a dozen local, state, federal, and sovereign institutions intent on resolving traffic congestion on the Interstate 15 through the Temecula Valley area. During 2018, the Task Force held several meetings, conducted workshops, pooled its engineering and planning resources, and identified several operational improvements to help alleviate congestion on Interstate 15.Of these improvements, Caltrans agreed to take the lead on developing and delivering the following: • Northbound auxiliary lane from the Rancho California Road on -ramp to the Winchester Road off -ramp. • Southbound auxiliary lane from the Winchester Road on -ramp to the Rancho California Road off -ramp. 9 Southbound auxiliary lane from the Rancho California Road on -ramp to the Temecula Parkway off -ramp. On June 28, 2019, Caltrans approved its Project Initiation Report To Request Programmingin �n the 2020 SHOPP (PIR) for these improvements. Per the PIR, Caltrans plans to begin project development in October 2020, complete the construction plans and documents in April 2024, and construct the improvements November 2024 through December 2026. The estimated project cost is approximately $45M (today's dollars), which includes $6.3M in project development, $6.5M in construction support, and $32M for construction. Of the operational improvements identified by the Task Force, the City of Temecula, with the support of the Task Force, agreed to take the lead on developing and delivering the following: • Northbound auxiliary lane from the Temecula Parkway on -ramp to the Rancho California Road off -ramp. In May/June 2019, the City advertised Request for Proposals No. 233 inviting qualified consulting firms to submit a proposal to provide professional services for the Design, Environmental, and Right of Way phases of project development. A selection committee comprised of representatives from the City and Caltrans reviewed the proposals, discussed findings, conducted an interview of the top two qualified firms, and ranked the prospective bidders as follows. 1. Mark Thomas & Company, Inc. 2. Michael Baker International 3. EXP U.S. Services, Inc. 4. NV5 Global, Inc. Mark Thomas & Company, Inc. is a multi -disciplinary firm with extensive experience in providing professional services for the design, environmental clearance, and right-of-way clearance on similar freeway projects within California. Following the selection process, staff entered negotiations with Mark Thomas & Company, Inc. and finalized the scope, fee, and terms of the attached agreement. FISCAL IMPACT: The I-15 Congestion Relief Project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2020-24, and is funded by the General Fund and Caltrans State Highway Operation and Protection Program (SHOPP). With the acceleration of $100,000.00 and the additional appropriation of $651,724.80 from the General Fund's available fund balance, adequate funds will be available to cover the agreement amount of $1,001,568.00, plus the 10% contingency amount of $100,156.80, for a total amount of $1,101,724.80. ATTACHMENTS: 1. Agreement 2. Project Description 3. Project Location AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND MARK THOMAS AND COMPANY, INC. PW19-02 1-16 CONGESTION RELIEF THIS AGREEMENT is made and effective as of September 10, 2019, between the City of Temecula , a municipal corporation hereinafter referred to as "City"), and Mark Thomas and Company, 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 September 10, 2019, and shall remain and continue in effect until tasks described herein are completed, 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, Scope of Work attached hereto and incorporated herein as though set forth in full. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www,dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 1 OF 33 5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.hti-nl 6. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million One Thousand Five Hundred Sixty -Eight Dollars and No Cents ($1,001,568.00) 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. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement 2OF33 pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant. 3OF33 10. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND a. Indemnity for Design Professional Services. In the connection with its design professional services, Consultant shall hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials (collectively, "Indemnitees"), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub -contractors, or agents in the performance of its professional services under this Agreement. b. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Paragraph 10.a. above, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant duty to defend pursuant to this Section 10.b. shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees." 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: i. Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. ii. 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. M. 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. iv. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 4OF33 1. General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply 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 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 ($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's 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 insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -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/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 5OF33 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. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project 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 6OF33 request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Mark Thomas and Company, Inc. Attn: Bo Burick, Project Manager 16795 Von Karman Avenue, Suite 240 Irvine, CA 92606 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 7OF33 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 8OF33 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: RANDI JOHL, CITY CLERK APPROVED AS TO FORM: Mark Thomas and Company, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: �--lYn. 6�-- By: Matt Brogan, Secretary Rob Himes. President By: Peter M. Thorson, City Attorney Consultant _Mark Thomas and Company, Inc. Bo Burick, Project Manager 16795 Von Karman Avenue, Suite 240 Irvine, CA 92606 949-677-7348 bburick@markthomas.com PM Initi Is Date: $ 1 1 9 OF 33 EXHIBIT A SCOPE OF WORK Mark Thomas will environmentally clear and design the improvements required to construct a northbound (NB) auxiliary lane along 1-15 between the Temecula Parkway on -ramp and Rancho California Road off -ramp in the City of Temecula, a distance of 2,800 feet. Project improvements include: • Mainline widening to provide (1) 12-foot auxiliary lane and (1) 10-foot outside shoulder in the NB direction; • Sub -Horizontal Ground Anchor Wall under the Santiago Road Overcrossing; • Drainage modifications; and • Highway planting and irrigation improvements. TASK 1. PROJECT MANAGEMENT This task will include general project administration and management. It is assumed the project final design will take 18 months to complete starting in August 2019 and issuance of a Caltrans Encroachment Permit in February 2021. Task 1.1. General Project Management This task will include ongoing project management activities, including coordinating subconsultant activities and submittals. This task will also include obtaining the Caltrans encroachment permit for field investigations as necessary. Mark Thomas will organize and maintain project files and records to track correspondence, contractual matters, data requests, transmittals and other project data. Mark Thomas will prepare monthly invoices including a monthly progress report which will be included as part of the monthly invoice package. Task 1.2. Project Coordination Mark Thomas will coordinate design activities with consultant team members and stakeholders through regular communication via telephone calls, emails and other correspondence. Stakeholder coordination will include Caltrans, utility owners, and potentially other individuals. Mark Thomas will attend (either in person or via conference call) 30 minute bi-weekly check -in meetings with the City and will prepare and distribute conversation minutes and action items list as necessary. It is assumed these meetings will begin at the start of the project (August 2019) and continue until February 2021 when the Caltrans Encroachment Permit is issued. 10 OF 33 Task 1.3. Meetings Mark Thomas will lead ten (10) Project Development Team (PDT) meetings. PDT meetings will include representatives from the City, Caltrans, and other stakeholders as appropriate and as directed by the City. This task includes preparation of agendas, meeting minutes, log of action items, data request log, and design decision log. The project Critical Path Method (CPM) schedule identified below will be distributed and reviewed during PDT meetings. Task 1.4. Project Schedule Mark Thomas will prepare, update, maintain and distribute a CPM schedule on a monthly basis. The project schedule will include design activities, major milestones, quality control activities and agency review times. Mark Thomas will submit an updated electronic progress schedule on a monthly basis. Mark Thomas will notify the City of impacts that may affect schedule milestones in a timely manner. The initial project schedule will be prepared for and approved by the City at the outset of the project. Task 1.5. Project Management Plan Mark Thomas will prepare and distribute a Project Management Plan (PMP) consistent with Caltrans policies. The PMP will be prepared within one month of the start of the project and will be reviewed at a PDT meeting. Mark Thomas will update the plan on a quarterly basis in conjunction with City staff. Task 1.6. Quality Assurance/Quality Control Mark Thomas will perform quality control in accordance with our Quality Management Manual during the life of the project. All Mark Thomas team members will adhere to the established processes included in the plan. The plan will include conducting quality control reviews and checks of submittals prior to submitting to the City and Caltrans. This scope assumes that quality reviews will be performed on draft and final engineering reports and as part of the 35% PS&E, 95% PS&E, 100% PS&E and final bid set documents. DELIVERABLES • Monthly Project Progress Reports/Invoices (up to 18) ■ PDT and other Meeting Agendas, Minutes and Action Item Lists, Data Request Log, Design Decision Log (up to 10 meetings) CPM Schedule, updated monthly (up to 16) TASK 2. SURVEY, RIGHT OF WAY & UTILITIES Task 2.1. Data Gathering Mark Thomas will collect and review available data and reference materials pertinent to the project, including but not limited to record drawings, utility maps and right of way 11 OF 33 documents. Mark Thomas will prepare a list of materials requested and collected, including date of request, agency and materials received with date. Data gathering will include existing utility facility request letters. It is assumed no utility relocations will be required as a part of this project. Task 2.2. Survey Overview: Towill shall perform survey control work and engineering surveys necessary to produce the mapping for final design. Towill will obtain record of surveys, topographic data, aerial mapping, and maps and plans of major utilities and proposed utilities within the Project area. Towill shall prepare an aerial topographic survey at 1 "=40' scale for the project design and shall supplement the aerial mapping with field surveys and cross sections. Control Survey: Towill will establish and target approximately eight (8) horizontal and vertical ground control points necessary for photogrammetric mapping. Each point will be set with a semi -permanent monument, such as rebar with a cap, PK nail with a washer, survey spike, 1-1/8" brass disk, or equivalent. On paved surfaces, control targets will be painted with white latex paint. Cloth (biodegradable) targets will be used on unpaved surfaces. It is assumed that Towill will not be required to remove control targets following acquisition of the aerial photography. Additional Project Control points will be set at this time for use by the project team throughout the duration of the project. A combination of global positioning system (GPS) technology and "conventional" land surveying equipment and techniques (traversing using a total station instrument and differential leveling using an automatic or digital level) will be employed to establish horizontal and vertical control. For this project, Towill will establish horizontal coordinates referenced to the California Coordinate System of 1983 (CCS83, Epoch 2010), Zone 6 and elevations referenced to the North American Vertical Datum of 1988, unless other datums are specified prior to the commencement of the project. Prepare Caltrans Compliant ABC Aerial LiDAR & Photo rammetric Mapping: Towill will acquire airborne LiDAR data of the site using our Optech Orion M-300 LiDAR sensor mounted in a helicopter. The system is capable of operating with a pulse rate at up to 300 kHz with as many as 4 returns collected from each pulse. These features typically allow the LiDAR data collected to penetrate vegetation. The flight parameters for this project have been designed so that each flight swath will collect approximately 10 points per meter2. Towill have also designed the project with greater than 50% sidelap between adjacent flight lines. This will enable collection of approximately 20 points per square meter throughout the project area. Aerial photography of the site will be acquired using a PHASEONE IXU-RS-1000 100 mega -pixel medium -format digital camera simultaneous to the LiDAR data acquisition. The imagery will have 60% forward overlap along each flight line. Since the footprint of 12OF33 the PHASEONE imagery is larger than the LiDAR swath, the photography typically has greater sidelap than the LiDAR swaths overlap. The LiDAR data will be processed to provide a point cloud referenced to the project datums described under Task 1 and tiled for ease of use. The LiDAR data will be classified to separate points that form the bare ground surface from the points falling on other surfaces, such as vegetation or structures, using a variety of automated and manual classification tools. The points for the ground surface will then be processed through a keypointing algorithm that will identify the points needed to form the final ground surface terrain model within both horizontal and vertical tolerances. Towill anticipates that the tolerances used for this project will be that the keypoints are no further than 10 feet apart horizontally and that changes to the final terrain surface created by the elimination of ground points is no greater than % foot (0.25 feet). The keypoints will be extracted from the LiDAR data tiles and placed in a MicroStation design file for incorporation into the final DTM surface for the project. Upon completion of the ground control survey and aerial LiDAR and imagery, Towill will perform an analytical aerotriangulation on the aerial imagery. The inputs for the aerotriangulation process will be the AGPS/IMU data computed during the LiDAR data processing (since the data are collected simultaneously) and the "events" associated with each exposure, and the ground control points established under Task 1. Planimetric data will be collected using a softcopy workstation interfaced directly with a CAD workstation. Planimetric features — such as buildings, roads, fences, vegetation, and the like — will be digitized at elevations that provide the best horizontal accuracy (which may or may not be at ground level). Planimetric features digitized will correspond to Caltrans' mapping specifications. The keypoints created from the LiDAR data will be the primary source of topographic data for the project. Where needed due to sharp breaks in the terrain, breaklines will be digitized to model the terrain. The elevations of these breaklines will be verified to the LiDAR data and modified as needed to form a uniform terrain surface. Contours will be generated with a two -foot interval from the digital terrain model (DTM) formed from these data and merged with the planimetric features. The final map data will be delivered in a MicroStation design file that complies with Caltrans' standards. The file will contain a horizontal coordinate grid, surveyed ground control, and appropriate notes. Towill will prepare color digital orthophotography of the project area at a scale of 1" = 50' with a pixel ground resolution of 0.25-foot (200 pixels per inch). The orthophoto limits will extend 150 feet beyond the topographic mapping limits. In accordance with standard mapping practice, images will be rectified at ground level. Therefore, the top of above- ground features (rooftops, tops of trees, etc.) may not necessarily appear in their correct horizontal positions. The digital orthophoto will be georeferenced to the project horizontal datum for use with MicroStation. 13OF33 ABC Processing & Supplemental Surve : Towill will provide supplemental surveys to locate on -site features that may not be adequately located/represent from the LiDAR and photogrammetric mapping. Surveys under this Task may include but is not limited to pavement elevations at tie locations, clearances at critical site features, utilities, bridge/overpass structures, features obscured from view in the aerial imagery, MH dips, etc. For the purpose of this scope of work, Towill is assuming 2-days of field work for a 2-person crew. Office personnel will also be required to merge this information with the photogrammetric map document. All deliverables will be prepared and submitted in accordance with the Caltrans ABC process for photogrammetric Mapping. • Part A Submittal: Flight and Control Plan for Caltrans Approval Proposed Schedule Sheet Layout for Caltrans Approval • Part B Submittal: Photo Control Survey Results for Caltrans Approval Aerotriangulation Report for Caltrans Approval Two (2) sets of color contact prints with control and mapping limits annotated on one set. • Part C Submittal: Original film to Caltrans Office of Photogrammetry. Digital map files and orthophotography on CD or DVD, formatted to Caltrans standards. One (1) hardcopy print of the full set of photo index sheets. Digital copy of the photo index in PDF format to Caltrans Office of Photogrammetry. Task 2.3. Utility Coordination/Potholing Mark Thomas will obtain utility mapping from utility companies and local agencies and prepare a utility base map. Mark Thomas will follow the Caltrans Utility Coordination Process (Caltrans Utility A-B-C Process). Based upon an examination of available record data and field inspection, it is assumed there will be no utility involvements and they will be protected in place. If it is determined that potholing of existing utilities is necessary to confirm the protect in place assumption, Mark Thomas will have underground exploratory potholing conducted to verify locations of existing utility facilities. Potholes will be collected at tie in points and at locations of possible conflict with existing utilities to remain in place. This scope of work assumes a total of two (2) pothole locations. Pothole locations will be field surveyed. Pothole information shall be added to record utility mapping and a base utility map will be prepared and submitted to the city and other utility companies as necessary. The exploratory potholing will be conducted in compliance with Caltrans policy on High Priority Utilities. Potholes will be collected at tie in points and at locations of possible conflict with existing utilities to remain in place. DELIVERABLES • Existing Utility/Topography Base Map 14 OF 33 TASK 3. CALTRANS PEER DOCUMENTATION This scope assumes that Caltrans project approvals will be achieved using the Caltrans Streamlined Permit Engineering Evaluation Report (PEER) process. Mark Thomas will lead this effort for the City and will help obtain a Caltrans construction encroachment permit for improvements within State right of way. Tasks are as follows: Task 3.1. Caltrans PEER Process Mark Thomas will coordinate with the City and Caltrans to formalize PEER approval through preparation of the PEER form and by compiling existing supporting information. Caltrans will review and will provide conditional approval of the PEER, providing project initiation and project approval clearance for the project. Upon completion of the PS&E, Mark Thomas will resubmit the PEER document in order to obtain final project approval which enables the issuance of a construction encroachment permit. Mark Thomas will prepare a signature ready construction encroachment permit application to be submitted with the final PEER document. Task 3.2. Traffic Operations Analysis Report Fehr & Peers will prepare a Caltrans standard Traffic Operations Analysis Report (TOAR) for use in PEER documentation and approval. The following study locations will be included in the operations analysis: 1-15 Northbound On -Ramp Merge from Temecula Parkway • 1-15 Northbound Mainline between Temecula Parkway and Rancho California Road • 1-15 Northbound Diverge to Rancho California Road Data Collection: Fehr & Peers will utilize Caltrans PeMS data to estimate northbound mainline traffic volumes and collect AM (7:00 AM — 9:00 AM) and PM (4:00 PM — 6:00 PM) peak period ramp counts at the following ramp intersections. Counts will include both vehicle and heavy vehicle counts at: • Northbound 1-15 Ramps at Temecula Parkway • Northbound 1-15 Ramps at Rancho California Road Collision Summary: Fehr & Peers will prepare a collision summary based on Caltrans TASAS data for the most recent available three-year period for 1-15 in the study area. Analysis Scenario_: This scope assumes _that a No Build and one (1) Build Alternative will be evaluated in the PA/ ED phase. The analysis scenario includes: • Existing Conditions ■ Opening Year (2025 assumed) Conditions — No Build Alternative • Opening Year (2025 assumed) Conditions — Build Alternative • Design Year (2045 assumed) Conditions — No Build Alternative • Design Year (2045 assumed) Conditions — Build Alternative ■ Opening and Design Years will be determined by Caltrans and City 15 OF 33 Traffic Forecasting Model Development: Fehr & Peers will apply the most recent version of the RIVTAM travel demand forecasting (TDF) model to develop future 2045 AM and PM peak hour traffic forecasts. The land use and roadway improvements assumptions contained in the TDF model will be reviewed prior to developing the traffic forecasts. Forecasts will be prepared for the 1-15 mainline and ramps. Since this is an operational improvement, the project is not expected to induce travel along the corridor. As such, the Year 2045 peak hour traffic forecasts for the No Build and Build Alternatives will be identical. Year 2025 forecasts will be developed using linear interpolation of traffic volumes between the base year and the future year model runs. Traffic Operations Analysis Report: Fehr & Peers will analyze the study locations under AM and PM peak hour conditions using our proprietary spreadsheet application that is consistent with methodologies outlined in the Highway Capacity Manual (HCM). Density and level of service will be summarized for each study location using the merge, diverge, or weave analysis techniques as required by the analysis scenario. Traffic operations analysis will be conducted under existing, opening year, and design year conditions for the analysis scenarios identified above. Fehr & Peers will prepare the Traffic Operations Analysis Report summarizing the results and findings. Task 3.3. Design Standard Decision Document Mark Thomas shall prepare a Design Standard Decision Document (DSDD) for improvements not meeting Caltrans standards within Caltrans right of way. This scope assumes up to three (3) non-standard features. Mark Thomas will prepare and submit the DSDD with the 95% design submittal to Caltrans. Design exceptions within Caltrans right of way will be documented according to Caltrans format and requirements. DELIVERABLES • Traffic Operations Analysis Report • Signature Ready Caltrans PEER Document • Signature Ready Caltrans Encroachment Permit Application • Design Standard Decision Document Task 4. ENGINEERING REPORTS The Mark Thomas Team will prepare and coordinate various engineering reports to support the design of the project as outlined in the tasks below. Task 4.1. Geotechnical Investigation & Design EMI will prepare the following reports per Caltrans guidelines: Structure Preliminary Geotechnical Report/Foundation Rem: EMI will prepare a Structure Preliminary Geotechnical Report (SPGR)/Foundation Report (FR) for the ground anchor wall and the adjoining cantilevered walls. EMI will provide preliminary 16 OF 33 geotechnical information to assist structural designers in the Type Selection process for the Ground Anchor Wall and the adjoining cantilevered walls. District Preliminary Geotechnical Repo rUGeotech n ica I Design Report: EMI will prepare a District Preliminary Geotechnical Report (DPGR) and Geotechnical Design Report documenting the site geotechnical and geologic conditions. Preliminary Materials Report/Materials Report: EMI will prepare a Preliminary Materials Report (PMR) and Materials Report to provide pavement structural sections and alternatives, and corrosion potential of on -site soils and culvert materials requirements. Task 4.2. Drainage Report Mark Thomas will prepare a roadway drainage report as required by Caltrans District 8 for the proposed improvements. The report will include a delineation of existing and proposed drainage shed areas, calculations for proposed drainage conditions (based upon the Rational Method), and calculations for proposed channel/pipe sizes, inlet locations, and outfall areas based upon proposed modifications to the existing drainage system within Caltrans right of way. The drainage report will confirm that no upgrade to exist system is required based on the proposed project. For this project, it is assumed that there will be no upgrading of the existing system, just replace and relocate when necessary, which will be documented in the drainage report. This scope assumes that design storm tailwater Hydraulic Grade Line (HGL) information will be available from Caltrans for the purposes of calculating required changes to the drainage system. Draft and final drainage report (including calculations) will be submitted with the 95% and 100% submittals respectively. Mark Thomas will address and respond to comments received on each submittal. This scope assumes no drainage system modification and or upgrade of drainage system will be required beyond those facilities directly affected by the proposed improvements. In addition, exist drainage systems affected by the proposed project, will be relocated as required but will not be modified or upgraded any further than just the relocation. Task 4.3. Storm Water Data Report Mark Thomas will prepare a Storm Water Data Report (SWDR) in conformance with Caltrans SWDR guidelines to address post -construction storm water quantity and quality. Mark Thomas will prepare a draft and final SWDR. The SWDR will include a project risk level determination, storm water treatment sizing calculations including consideration of hydromodification, determination of disturbed soil area, impervious area calculation, and design checklists. Task 4.4. Type Selection Report Mark Thomas will develop a Type Selection Report. The report will discuss the proposed Sub -Horizontal Ground Anchor (SHGA) wall under the Santiago Road Overcrossing 17OF33 necessary for the mainline widening. The report will identify constructability issues and foundation conflicts. The report will address current maintenance work recommendations and future maintenance needs, and it will also identify utility conflicts, environmental constraints and aesthetic options. The Type Selection Report will be submitted to Caltrans OSFP for review. A Type Selection meeting conference call will be held with Caltrans OSFP staff. Comments from the meeting will be incorporated into the proposed structure type and Caltrans will provide formal approval. DELIVERABLES • Draft and Final Drainage Report • Draft and Final Storm Water Data Report ■ Draft and Final Geotechnical Reports ■ Draft and Final Type Selection Report TASK 5. PLANS, SPECIFICATIONS & ESTIMATE Mark Thomas shall develop the required documents to successfully design, gain approval for, bid and construct the project improvements. This task will include development of the project plans, specifications, bid item schedule and construction cost estimates at the following stages of project development: • 35% (preliminary design) ■ 95% (checked detailed design) • 100% (draft final bid documents) • Final (construction ready bid documents) PS&E will be prepared consistent with the Caltrans Project Development Procedures Manual, Drafting Standards, and Highway Design Manual as well as design criteria and other codes as appropriate for a locally sponsored, funded encroachment permit project utilizing the Caltrans Streamlined PEER Process as described. At each development stage of the PS&E, plans will include the preparation of the following roadway, landscape, structure and electrical engineering plans. The following sheets are anticipated: • Title (1) • Typical Sections (1) • Layouts (3) • Profile/Superelevation (5) • Construction Details (2) • Drainage Layouts (3) ■ Drainage Profiles (4) ■ Drainage Details (4) • Drainage Quantities (3) • Utility Plan (3) • Stage Construction & Traffic Handling (6) 18OF33 • Construction Area Signs (1) • Sign Plans (4) • Sign Quantities (1) • Pavement Delineation (3) • Pavement Delineation Quantities (1) • Electrical Plans and Details (2) • Landscape and Irrigation Plans (10) • Summary of Quantities (4) • Structure Plans (8) • Total Plans: 69 At each stage of plan development, Mark Thomas will review, respond and resolve to all comments received from the City, Caltrans and other approving/commenting agencies. Each design submittal shall incorporate comments received on the previous submittal. Mark Thomas will perform an internal, interdisciplinary QA/QC plan check and review as part of each submittal stage. Task 5.1. 35% Plan 35% Plans will be prepared in general conformance with Caltrans drafting and design standards as is appropriate for 35% design. 35% plans will be prepared to confirm project geometrics and major design features. The 35% plan set will be prepared to facilitate a geometric workshop and will not be a formal submittal. The 35% plan set will include the following: • Typical cross sections • Layouts • Profiles (as necessary) • Pavement delineation Task 5.2. 95% PS&E (Unchecked Detailed Design) 95% PS&E will be prepared as a detailed, complete set of plans, technical specifications and estimate. Mark Thomas will provide responses to comments and attend a comment review/resolution meeting at the outset of the 95% PS&E task. Key assumptions for plans sets are highlighted below. Structure Plans: Mark Thomas will lead the preparation of the structure plans. To accommodate the new 12-ft wide auxiliary lane, a Sub -Horizontal Ground Anchor (SHGA) wall will be constructed in front of the existing bridge abutment. The wall tie -back anchors will be located to avoid conflict with the existing piles. Caltrans Standard Type 1 walls will be constructed as transitions to the SHGA wall. Drainage Plans: Mark Thomas will lead the preparation of the drainage plans. Culverts, ditches, inlets and other drainage features will be shown on the drainage plans. Drainage systems will be numbered with letters assigned to individual 190F33 drainage items. Drainage profiles will be on separate sheets, followed by drainage details and quantities. Concrete drainage ditches are located at the top of the adjacent slopes. Mainline widening will necessitate realignment and reconstruction of the sections of the drainage system where new slopes are in conflict. Stage Construction/Traffic Handling Plans: Mark Thomas will lead the preparation Stage Construction/Traffic handling plans. These plans, which will include temporary signing, assume that existing pavement grades will be maintained. Electrical/Lighting Plans: Fehr & Peers will lead the preparation of Traffic Operations Systems (TOS) Plans for modification to the existing traffic monitoring station south of Santiago Road. Highway lighting PS&E will not be prepared as it is assumed that the existing electroliers will be protected in place. Highway Planting & Irrigation: Existing landscaping and ground cover will be preserved to the greatest extent practicable. Replacement highway planting will be implemented, as necessary. 95% Specifications, Quantities and Estimate: Mark Thomas will prepare 95% technical specifications. Technical specifications shall be prepared as special provisions using Caltrans 2018 Standard Specifications format and will be draft specifications at the 95% submittal stage. Using Caltrans standard bid items and measurement quantities, Mark Thomas shall quantify the required bid item quantities for elements of work shown on the 95% plans and as specified in the 95% special provisions. Unit bid price estimates will be based upon appropriate recently published bid prices as posted on Caltrans website and other recent, relevant local agency project bids. A Caltrans Basic Engineering Estimating System (BEES) listing will be included with appropriate SSPs referenced adjacent to the contract item. The BEES listing will be update with each subsequent PS&E submittal. Task 5.3. 100% PS&E (Draft Final Bid Documents) 100% PS&E will be prepared as draft final set of bid ready, complete bid documents. Mark Thomas shall provide responses to comments and attend a comment review/resolution meeting at the outset of the 100% PS&E task. Task 5.4. Final Construction Documents Task shall include updating the 100% plans, specifications and estimate, incorporating comments received. Mark Thomas shall verify the final bid quantities and perform independent spot checks of quantities based upon the 100% plans and specifications. Mark Thomas will update unit prices as appropriate. The final submittal will be a compliance submittal of the final bid ready documents and will be accompanied by a PS&E and RTL checklist. 20 OF 33 Resident Engineer File: Following submittal of the final PS&E to Caltrans, Mark Thomas will prepare the Resident Engineer (RE) File and Survey File. The RE File will include a list of project contacts, memos to Resident Engineer, Quantity Calculations for use in releasing progress payments, utility agreements, permits, right of way contracts, and copies of relevant reports. Survey File: The Survey File will include copies of all survey notes and calculations. Mark Thomas will prepare slope stake notes for slope staking. Control line traverses and ties to right of way lines will also be included. Mark Thomas will submit general cross sections with the survey file. DELIVERABLES • 35% Plans • 95% PS&E • 100% PS&E • Final PS&E TASK 6. ENVIRONMENTAL DOCUMENT ICF will lead the preparation of the environmental technical studies and Environmental Document for construction of the proposed improvements. The proposed project would be subject to the California Environmental Quality Act (CEQA) and will not be subject to National Environmental Policy Act (NEPA). It is assumed that the California Department of Transportation will be the CEQA lead agency. Upon completion of these studies, Caltrans will determine the appropriate CEQA action. The proposed project would add one (1) auxiliary lane on Northbound 1-15 connecting the Temecula Parkway on -ramp to the Rancho California Road off -ramp. The following assumptions have been made for the purposes of developing this scope of work and associated cost proposal. Should any of these assumptions prove inexact, then additional project development services will be scoped and subject to amendment to this agreement. • The California Environmental Quality Act (CEQA) document will be Categorical Exemption (CE); • Logical termini and independent utility will be determined to be appropriate for the project limits included in the RFP; • The project will not increase capacity; • The project will address one Build alternative; • Focused protocol surveys for any species are not included; • NEPA/404 integration process will not be required; and • No public meetings/hearings will be conducted. 21 OF 33 Task 6.1. Environmental Technical Studies Preparation of all technical analyses and reports will follow local, state, and federal environmental guidelines, primarily consisting of the Caltrans Standard Environmental Reference (SER) website, Caltrans Project Development Procedures Manual, local and state CEQA Guidelines, and Federal Highway Administration (FHWA) Technical Advisory 6640.81 Guidance on Preparing and Processing Environmental and Section 4(f) Documents. The formats to be used for the technical studies will follow the guidance available on the Caltrans SER website as of the date that those studies are initiated. For this scope of work, the technical studies for which a specific scope of work has been included have been assumed based on a review of existing project information and a preliminary review of the project site. If additional studies are identified during the environmental phase of the project a scope of work and cost will be submitted for approval prior to their initiation. For each report the following submittals will be made. • Draft Technical Study (electronically to City and Caltrans) • Revised Draft Technical Study (electronically to City and Caltrans) • Final Technical Study for approval (electronically to City and Caltrans) • Final approved Technical Study for file (1 hardcopy to City and 2 to Caltrans) To support the findings in the environmental document, the following environmental technical studies will be prepared: • Noise Study Report • Visual Impact Assessment Memorandum • Air Quality Report • Scoping Questionnaire for Water Quality Issues • Paleontological Identification Report/Paleontological Evaluation Report • Initial Site Assessment • Jurisdictional Delineation Report • Natural Environment Study (Minimal Impacts) • Historic Property Survey Report (including an Archaeological Survey Report) • MSHCP Consistency Compliance The following assumptions have been made with regard to the technical studies and permits that are to be prepared. Noise Study: ICF will prepare a Noise Study Report evaluating the noise impacts and potential mitigation measures, if any, associated with the proposed project. As the project is not anticipated to include Federal funding, but because Caltrans oversight is involved, the report will be prepared in accordance with procedures specified in the Caltrans Protocol for preparation of a CEQA-only Noise Study Report (NSR). 22 OF 33 A field noise study will be performed to quantify and assess existing noise conditions at the potential noise -sensitive areas. It is estimated that short-term (10 to 15 minutes duration) sound -level data will be collected at up to twelve (12) representative noise -sensitive locations throughout the area. In addition, continuous 24-hour noise monitoring will be conducted at up to four (4) locations if secure measurement locations can be identified. ICF will conduct traffic noise modeling related to the proposed project using the FHWA Traffic Noise Model (TNM) Version 2.5 and traffic data to be provided by the project traffic engineer. TNM will be used to model worst noise hour noise conditions at representative modeled receiver locations under existing conditions and design -year conditions with and without the proposed project. It is assumed that Caltrans will not require that traffic be counted lane by lane. If this is required, then a separate scope and cost will be provided for approval by the City prior to conducting this effort. Traffic noise impacts of the proposed project will be assessed by determining if the proposed project is predicted to result in traffic noise levels under design -year conditions that result would in a substantial increase at noise -sensitive uses. Based on the understanding of the project design, substantial impacts are not anticipated. Therefore, it is assumed that no mitigation measures under CEQA would be necessary and none will be evaluated (i.e., no soundwalls will need to be considered). As such the findings of the NSR will be summarized in a CEQA summation memorandum in support of the environmental document. It should be noted that should the project design significantly change or result in the removal of shielding, additional scope and budget may be necessary. In addition, since the project is assumed to not be subject to NEPA, no Noise Abatement Decision Report (NADR) is assumed or included. Visual Impact Assessment Memorandum: As determined by completing the Caltrans' Visual Impact Assessment Guide, a Visual Impact Analysis Memorandum (VIAM) will need to be prepared for the project based on the level of potential impact. The analysis will be performed using methods and protocol developed by the Federal Highway Administration (FHWA) and adopted by Caltrans. The analysis will define the project location and setting; describe existing visual resources, viewer groups, and viewer responses associate with the project; and evaluate potential visual impacts caused by the proposed project, including any proposed mitigation measures to reduce impacts. The VIAM will be used to support the environmental document. A desktop review using Google Maps and Google Street View will be conducted to assess the existing visual resource conditions in the project area, for use in preparing the analysis. Therefore, a site visit will not be conducted. It is assumed that no visual simulations will be included or required. 23 OF 33 Air Quality Study: The air quality technical report will provide the following discussions and analyses: Regulatory Setting and Existing Conditions. Summarize the existing federal, state, and local air quality regulatory environment as it affects the proposed project and describe the location of sensitive receptors in the project vicinity. Using data provided by the California Air Resources Board (CARB) and the South Coast Air Quality Management District (SCAQMD), characterize existing air quality conditions in the project area and explain how those conditions are affected by local climate and topography. Evaluation of Construction Emissions. Quantify construction emissions to evaluate regional and localized mass emissions. Based on preliminary construction scheduling and phasing information, construction emissions will be quantified using the Road Construction Emissions Model (RCEM), then compared to SCAQMD thresholds to determine significance under CEQA. Evaluation of Operations -Period Mass Emissions. Evaluate whether the project meets transportation conformity requirements by determining whether it is included, as currently defined, in the most recent Regional Transportation Plan (RTP) and Federal Transportation Improvement Program (FTIP) prepared by the Southern California Association of Governments (SCAG). Regional criteria pollutant emissions will be quantified using project -level VMT and EMFAC2017 emissions factors. Project -related criteria pollutant emissions will be compared to SCAQMD significance thresholds to determine significance under CEQA. Localized Carbon Monoxide Hot Spot Analysis. Analyze the degree to which project -related traffic volumes have a potential to effect local carbon monoxide (CO) concentrations using the California Department of Transportation CO Hotspot Protocol. It is anticipated that the CO screening procedure will be appropriate, and that CALINE-4 dispersion modeling will not be required. Localized PM2.5/PM10 Hot Spot Analysis. Analyze the degree to which project - related traffic volumes have a potential to affect local PM2.5 and PM10 concentrations. Based on our review of the proposed Project Description, this project does not appear to be a Project of Air Quality Concern (POAQC) as defined by EPA and FHWA. As such, this'scope and cost assumes that a screening -level analysis that evaluates mobile -source and re -entrained dust emissions wilt be required by Caltrans to address PM2.5 and PM10. Mobile Source Air Toxics. Evaluate proposed project -related mobile source air toxics (MSATs) emissions in accordance with FHWA interim guidance on how MSATs should be addressed. It is not assumed that extensive qualitative analyses would be required to address MSATs. If an extensive quantitative analysis is required for the project, then a scope and cost estimate would be provided for this additional effort, however, such an analysis is not anticipated. 24 OF 33 Climate Change/Greenhouse Gas Emissions. A quantification of construction - and operational -period greenhouse gas (GHG) emissions associated with implementation of the proposed project will be conducted. Construction -period GHG emissions will be quantified using the Road Construction Emissions Model. Operations -period GHG emissions will be quantified using the projected change in project VMT and EMFAC2017 emissions factors. ICF will present a comparison of GHG emissions associated with the Build Alternative to the No -build Alternative to characterize effects of the proposed project on GHG emissions. The analysis of climate change also will also incorporate the most recent guidance found on the Caltrans Standard Environmental Reference and Caltrans annotated outline. Mitigation Measures. ICF will develop mitigation measures, where applicable, to address significant air quality impacts, if present. Water Quality Assessment: The project site is located east of Murrieta Creek and north of Temecula Creek and Santa Margarita River, all of which are impaired water bodies. However, given that the project would increase the impervious surfaces associated with an existing roadway and would comply with the Caltrans MS4 Permit to implement post -construction BMPs, no significant water quality impacts are anticipated. ICF will prepare a Scoping Questionnaire for Water Quality Issues for the project based on the current Caltrans annotated outline for this document. The questionnaire will include responses to the questions included for Existing Conditions, Project Description and Impacts, and Temporary (Construction) Effects. It is assumed that no further water quality documentation, such as a Water Quality Assessment Report will be required given the limited scope of water quality impacts anticipated from the project's implementation. The water quality scoping questionnaire is anticipated to be completed via desktop research from available sources of information including topographic data, hydrologic characteristics of the site, and erosion potential, along with engineering information on the existing and proposed impervious surface areas and proposed best management practices required by the MS4 Permit. The Stormwater Data Report will identify the total area of land disturbance; an estimate of the existing impervious surface area and the final proposed impervious surface area; as well as the intended operation -related Best Management Practices (BMPs) to include in the impact analysis to demonstrate that drainage and water quality.during operation activities would not be adversely affected. Paleontology (PIR/PER): PaleoSolutions will request an institutional records search from the Western Science Center (WSC) in Riverside County and the natural History Museum of Los Angeles County (LACM) to determine if previous fossil localities are known within or near the proposed project. Paleo Solutions will also review available online databases, literature, and geologic maps to determine the paleontological and geological context of the project area. The project area will be mapped onto the highest resolution geologic maps available. A windshield 25 OF 33 reconnaissance survey will be conducted to check for any native sediments. If present, Paleo Solutions' will confirm the geologic units as mapped, record any new fossil localities, and re-evaluate previously recorded fossil localities, if any. The results of the geologic map review, background research, and survey will be used to evaluate the significance of paleontological resources that may be impacted by Project construction and to perform a paleontology sensitivity analysis using Caltrans' tripartite system. Available construction plans and geotechnical reports will be reviewed to identify the locations and activities where excavations will potentially impact sensitive geologic units. The results of the paleontological study will be compiled in a combined Paleontological Identification Report and Paleontological Evaluation Report (PIR/PER) that conforms to all requirements outlined in the Caltrans SER Volume 1, Chapter 8 (Paleontology). If the PIR/PER recommends the preparation of a Paleontological Mitigation Plan (PMP), then a separate scope and cost will be submitted for approval by Mark Thomas and the City for prior to performing this effort. Biala ical Studies: The project lies within the boundaries of the Western Riverside Multiple Species Habitat Conservation Plan (WRMSHCP/Plan) but is not within any survey areas (i.e., burrowing owl, narrow endemic plants, amphibian, mammal), core/linkage areas, or public and quasi -public (PQP) lands. The project does occur within portions of Criteria Cells 7079 and 7166; however, the freeway is not proposed for conservation and does not have any constraints in this regard. The project is also a covered activity under Section 7.3.5 of the Plan. ICF will conduct a literature search, perform field surveys, and prepare a Natural Environmental Study/Minimal Impact (NES/MI) report analyzing potential impacts to biological resources. The report will be prepared in accordance with Caltrans SER guidance and will conform to the Caltrans NES/MI annotated outline that is available at the time the NES/MI is initiated. The following tasks will be performed during the preparation of the reports. Review of Project Information and Applicable Literature: A literature review will be conducted to identify special -status species known or reported from the project area. The literature review will include: 1) Special status species lists from the California Department of Fish and Wildlife (CDFW) and U.S. Fish and Wildlife Service (USFWS); 2) Database searches of current versions of the California Natural Diversity Database (CNDDB) and the Online Inventory of the California Native Plant Society (CNPS); 3) The WRMSHCP/Plan 4) Other available biological studies conducted in the vicinity of the project site 26 OF 33 Field Evaluation for Biological Resource Constraints. After reviewing relevant information, the project area will be evaluated, with a thorough walkover covering all portions relevant to potential biological resource constraints. Detailed field notes will be compiled including conditions, visible disturbance factors, species, habitats, and general biological resources. The site will be evaluated regarding the presence, absence, or likelihood of occurrence for all special status species, habitats, or general biological resources posing a constraint to the project through applicable laws and regulations. Adjacent areas will also be briefly examined to provide context. The study area is assumed to be the proposed limits of disturbance plus a buffer ranging from 100 feet (aquatic resources) to 300 feet (special -status wildlife species). This task includes evaluations/determinations for bats and colonial nesting birds to extent that the Santiago Road overpass can be observed. A qualified biologist will look for any diagnostic sign or presence of suitable habitat (e.g., openings, hinges, weep holes, trees) within structures and trees. Technical Report Preparation. A draft NES/MI will be developed based on results of the biological surveys and will describe: 1) The study methods used in identifying and assessing the biological resources at the project site, the personnel who conducted the studies, contacts made with agencies, and any limitations associated with the study; 2) The environmental setting including both the biological and physical setting at the project site; 3) The results, including special -status species present on the site, if any, and a discussion of impacts and mitigation, as necessary; and 4) The appropriate regulatory requirements and necessary permits, if any. Focused protocol surveys are not anticipated or included, including rare plant surveys. Although not anticipated, if focused surveys are identified during the biological field reconnaissance, then this will be communicated immediately, and a scope and cost will be provided to Mark Thomas and the City for approval prior to conducting this work. It is assumed that no bat outflight or acoustic analysis will be required, and none is included. It is further assumed that the project will be able to avoid all jurisdictional waters and. that no permits (i.e., 404, 401, and 1602) will be required. If permits are required, then a scope and fee will be provided to Mark Thomas and the City for approval prior to conducting this work. Jurisdictional Delineation: Based on a review of the study area, at least one drainage occurs just north of Santiago Road. For projects that may impact areas under the jurisdiction of the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and CDFW, a formal jurisdictional delineation of potentially -jurisdictional drainage is required utilizing resource 27 OF 33 agency standard delineation methods. ICF will delineate aquatic resources within the study area utilizing routine on -site methods. A pedestrian -based field survey of the study area will be conducted using sub -meter GPS accuracy to precisely delineate the boundaries of agency jurisdiction. The field delineation will be augmented through aerial photo review and GIS analysis. The study area will include the Project footprint plus a 100-foot buffer. For the delineation, ICF will utilize procedures and practices in the following publications and agency guidance documents: USACE Wetland Delineation Manual (1987); USACE Regional Supplement to the Wetland Delineation Manual, Arid West Region, Version 2.0 (2008); and USACE and Environmental Protection Agency's (EPA) Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. United States guidance document (2007) as well as standard practices to delineate CDFW lake and stream resources and associated riparian vegetation. The field survey results will be compiled and presented in a Jurisdictional Delineation Report prepared for the Project that will identify and quantify the limits of USACE wetland and non -wetland waters of the U.S., RWQCB wetland and non - wetland waters of the State, CDFW stream features and associated riparian areas, and MSHCP Riparian/Riverine habitats within the study area boundaries, where present. It will also include figures and maps showing the location of potential jurisdictional resources and a photolog that documents site conditions of specific drainage features. The Jurisdictional Delineation Report will not quantify impacts to jurisdiction resources; rather, impacts will be quantified and included within the NES/MI. The purpose of excluding impacts from the Jurisdictional Delineation Report is to avoid revisiting a final JD document should the Project impact footprint change during subsequent design revisions. If impacts to jurisdictional resources will occur, then the project will submit a Preliminary Jurisdictional Determination (PJD) Form, which assumes the resources are jurisdictional; however, it is assumed for this scope of work that no impacts will occur to jurisdictional resources and no PJD Form will be prepared or submitted. Historical Resources Compliance Report: The proposed project improvements will be subject to compliance with the California Environmental Quality Act. A records search will be conducted at the appropriate Information Center of the California Historical Resources Information System; this records search will consult California's database of previous studies and previously recorded sites within the proposed project area and within a 0.5-mile radius, per Caltrans guidelines. Historic maps and photographs shall also be reviewed, if available. In addition, ICF will review the Caltrans historic bridge inventory. A Project Area Limits (PAL) map will be established in consultation with the City and Caltrans for obtaining Caltrans approval; the map will provide the survey boundaries for cultural resources to be evaluated during project studies. The PAL map will be based on 28 OF 33 the total anticipated disturbance footprint associated with project activities (e.g., road widening/interchange construction, staging areas and other temporary construction easements, detours, drainage facilities, temporary construction activities, and parcels containing impacted structures, if any). The Native American Heritage Commission will be contacted to request a review of the Sacred Lands File. No consultation with Native American tribes/groups is assumed or included as the project is not subject to Section 106 of National Historic Preservation Act and it is assumed that a CEQA CE will be appropriate for the project, thus eliminating the requirement for consultation under Assembly Bill 52 Following completion of the record search/review, a field survey of the PAL will be conducted for archaeological resources. It is assumed that Mark Thomas or the City will be responsible for obtaining access for conducting the surveys. This scope of work assumes that no archaeological sites will be identified in the APE and that no testing and/or evaluation will be required. It is anticipated that an Archaeological Survey Report (Finding of No Archaeological Resources Present) will be prepared and no additional documentation will be required. It is assumed that only a brief historical context will need to be included in the ASR. If anything more extensive is required by Caltrans, then a scope and cost for this effort will be provided for approval by the City prior to conducting this effort. An ICF qualified architectural historian will review the records search and conduct desktop research to determine if any built environment resources that are 50 years old or older exist in the APE. Based on a review of the anticipated PAL, it is assumed that a Historical Resources Evaluation Report (HRER) will not be needed and no built environment resources will need to be evaluated. If any resources are identified as part of the record search, then a scope and fee will be provided for approval prior to conducting this effort. Following completion and approval of the PAL, research, survey, outreach and reporting discussed above, a summary document (the Historical Resources Compliance Report [HRCR]) with attached ASR shall be generated in accordance with Caltrans standards. It is anticipated that no properties eligible for listing on the NRHP or CRHR are present within the project's PAL and no evaluation of resources (i.e., no DPR form preparation) will be required. MSHCP Consistency Compliance: ICF will prepare a cover letter and complete the Joint Project Review (JPR) checklist/application for submittal to the Regional Conservation Authority (RCA) for processing. ICF will coordinate with the City and RCA as necessary during the processing period. It is assumed that no meetings with RCA and the wildlife agencies (USFWS and CDFW) will be required as part of this task. No application fee is assumed or included. It is assumed that no jurisdictional or riparian/riverine resources will be impacted and that a Determination of Biologically Equivalent or Superior Preservation K-z.»x] (DBESP) will not be required and a DBESP is not included in this scope of work. If a DBESP were to be required, then a scope and cost will be provided to Mark Thomas and the City for review and approval prior to conducting this work. Task 6.2. Environmental Document Based upon review of the environmental technical studies, the City and Caltrans will determine the appropriate environmental document. Environmental documentation for the project will be prepared in accordance with the Caltrans Standard Environmental Reference (SER), and the Caltrans Project Development Procedures Manual (PDPM), along CEQA, and local requirements. Based upon a preliminary comprehensive review of the project site and proposed improvements, a CEQA Categorical Exemption is anticipated. If a higher level CEQA document is identified as the appropriate document for the proposed project based on the technical analyses performed, then additional project development services will be scoped and subject to amendment to this agreement. The Caltrans CE/CE Determination Form will be prepared (CEQA portion only) and provided to Caltrans for review and approval. It is assumed that a brief project description and one to two sentence summary of the findings of each technical study will be included. In addition, an Environmental Commitments Record (ECR) will be prepared and appended to the CE/CE Determination Form. No other environmental documentation related to the CE/CE is assumed. Notice of Exemption: A CEQA Notice of Exemption (NOE) will be prepared and filed with the State Clearinghouse. It is assumed that no fees will be required associated with the NOE. DELIVERABLES • Draft CE/CE Determination Form (electronically to City and Caltrans) • Final CE/CE Determination Form for signature (electronically to City and Caltrans) • Final signed CE/CE Determination Form (electronically to City and Caltrans) • Environmental Commitments Record (ECR) • Draft and Final Notice of Exemption (all transmittals assumed to be done electronically 30 OF 33 BASE ASSUMPTIONS/EXCLUSIONS • Preparation of a cooperative agreement between the City and Caltrans is not included. Regulatory or resource agency permitting is excluded. Dry Utility (joint trench) design is excluded. Transportation Management Plan is excluded. Aerially Deposited Lead Report is excluded. 65% PS&E submittal is excluded. A Noise Abatement Decision Report is excluded. • The City is to Advertise, Award and Administer the project construction. • Construction Management/Administration is specifically excluded from this scope. • No retrofit of the existing bridge is required. • Preparation of a SWPPP is excluded. • No Right of Way Acquisition or Transfer is required. Preliminary. • Title Reports are excluded. • A Record of Survey is excluded. • Bidding or construction support services are excluded. • As -built plan preparation is excluded. • A Life -Cycle Cost Analysis for Pavement is excluded. • GeotechnicalInvestigation: — Geotechnical Investigation is allowed between 9 AM and 3 PM on weekdays. — No investigation of hazardous materials. If hazardous materials are encountered during the geotechnical field investigation, EMI will terminate our work and notify the City. — Environmental clearance for accomplishing the field work is excluded. — No permit fee was assumed for the City of Temecula, and a permit fee of $1,000 was assumed for Caltrans. Any other permits, if required, will be provided by others. — No Yellow Thermoplastic Traffic Stripes within the proposed project alignment, which eliminates the requirement for lead -based paint testing. — No infiltration basins, no soundwalls, and no overhead signs in the project. — Existing pavement rehabilitation recommendations are excluded. 31 OF 33 EXHIBIT B (continued) I�G I�P:: kkLd4AY64 1111�IIIII11�19k[I dlf� IIII�III���III., ti�i f IVi111J °01i�n ii ui�' IlIIIBIBBI�� 33 OF 33 Capital Improvement Program Fiscal Years 2020-24 1 - 15 CONGESTION RELIEF Circulation Project Project Description: This project includes the design and construction of a single auxiliary lane, northbound Interstate 15 (1-15) connecting the Temecula Parkway on -ramp to the Rancho California Road off -ramp. Benefit / Core Value: This project provides an operational improvement to relieve congestion on northbound 1-15. It represents one of several operational improvements identified by the Move 1-15 Regional Task Force to address congestion on 1-15. This project also satisfies the City's Core Value of Transportation Mobility and Connectivity Project Status: Project development is set to commence in Fiscal Year 2019-20. Department: Public Works - Account No. 210.265.609 Level: I 2023-24 Prior Years FYE 2019 2019-20 Projected Project Cost: Actual Carryover Adopted 2020-21 2021-22 2022-23 and Future Total Project Expenditures Budget Appropriation Projected Projected Projected Years Cost Administration $ 50,000 $ 200,000 $ 100,000 $ 200,000 $ 550,000 Construction $ 1,250,000 $2,528,500 $ 3,778,500 Construction Engineering $ 321,500 $ 321,500 Design/Environmental $ 350,000 $ 350,000 Totals $ - $ 400,000 $ 1,450,000 $ 100,000 $3,050,000 $ - $ - $ 5,000,000 Source Of Funds: Prior Years FYE 2019 2019-20 Actual Carryover Adopted 2020-21 2021-22 2022-23 2023-24 Total Project Expenditures Budqet Appropriation Proiected Projected Proiected Projected Cost General Fund $ 400,000 $ 200,000 $ 100,000 $ 700,000 SHOPP(') $ 1,250,000 $ 1,250,000 Unspecifiedizi $ 3,050,000 $ 3,050,000 Total Funding: $ $ 400,000 $ 1,450,000 $ 100,000 $3,050,000 $ $ $ 5,000,000 Future Operation & Maintenance Costs: 2019-20 2020-21 2021-22 2022-23 2023.24 (1) SHOPP - State Highway Operation and Protection Program and Minor Program (2) Project cannot be constructed until a funding source is identified. 63 I-15 Congestion Relief Circulation Project Location v t,� �, a Legend I k CIPArea City Boundary 0 400 800 Feet The map I-15CongestionRelief.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update I r r r Al and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temecular .gov/gis 2018 Aerial Data 62 Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 10, 2019 SUBJECT: Award a Construction Contract to American Ramp Company, Inc. for the Construction of the Ronald Reagan Sports Park Pump Track, PW18-04 PREPARED BY: Avlin Odviar, Senior Civil Engineer Nino Abad, Associate Civil Engineer RECOMMENDATION: That the City Council: 1. Approve an appropriation of $160,000 from Quimby Fees to the Ronald Regan Sports Park Pump Track, PW 18-04; 2. Award a construction contract to American Ramp Company, Inc. in the amount of $366,200.00 for the Ronald Reagan Sports Park Pump Track, PW 18-04; 3. Authorize the City Engineer to approve change orders not to exceed the contingency amount of $38,300.00, which is approximately 10% of the contract amount; 4. Make a finding that the Ronald Reagan Sports Park Pump Track, PW 18-04 is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. BACKGROUND: This project will construct a new Pump Track at Ronald Reagan Sports Park at 42569 Margarita Road directly north of the existing Skate Park. The pump track will consist of hard packed dirt with an asphalt cap sculpted into a series of rollers, berms, banked turns, and transitions as well as a concrete launch area. These features are designed to permit a rider to traverse a looped course with minimal pedaling using gravity and momentum to flow through the course. The Pump Track is approximately 10,387 square feet and will accommodate a wide range of bicycles from smaller BMX bikes to adult -sized mountain bikes, along with riders of all ages, sizes, and skill levels. Construction activities will generally consist of grading, modification to existing irrigation, installation of drainage facilities, placement of asphalt and base materials, and concrete work. Due to the specialized nature of this work, and relatively few examples of pump tracks being owned by local agencies nationwide, it was anticipated that few contractors had the expertise in building asphalt pump tracks for a public agency. Therefore, in coordination with the City Attorney's office, staff determined that a prequalification process should be completed ahead of bidding so only contractors meeting the requirements of the prequalification could submit a bid. This would ensure that the contractor was capable of not only constructing a high quality Pump Track, but also able to meet the other requirements of a public works construction contract (i.e., bonding, insurance, labor compliance, prevailing wages, etc.). The Department of Public Works posted a Request for Qualifications on March 25, 2019 on the City's bid site, PlanetBids. On April 10, 2019, the City received one prequalification submittal. The sole submittal received was from American Ramp Company and staff determined that they met all the prequalification requirements. On June 11, 2019, the City Council approved the specifications and authorized the Department of Public Works to solicit a construction bid from the prequalified bidder. The construction contract was publicly advertised between July 15 and August 5, 2019. On Thursday, August 5, 2019 the bid period was closed and the City did not receive a bid from the prequalified bidder. After consultation with the City Attorney's office it was determined that staff could negotiate directly with American Ramp Company per section 22038(c) of the California Public Contracting Code (PCC) which states in part: "If no bids are received through the formal or informal procedure, the project may be performed by the employees of the public agency by force account, or negotiated contract without further complying with this article. " Staff has negotiated a construction contract with American Ramp Company for a total cost of $366,200.00. American Ramp Company has constructed asphalt pump track facilities for various public and private entities throughout the United States, including tracks used for professional competition. The project is Categorically Exempt under the California Environmental Quality Act (CEQA). The Notice of Determination was filed with the County of Riverside on May 29, 2019, in compliance with the provisions of Section 21152 of the Public Resource Code. 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. Construction and reconstruction on existing developed land, such as this project, are exempt from MSHCP fees. FISCAL IMPACT: The Ronald Reagan Sports Park Pump Track is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Year 2020-24. With the appropriation of $160,000 from available Quimby fund balance, adequate funds are available in the project account to cover the construction contract amount of 366,200.00 plus the contingency amount of $38,300.00, for a total amount of $404,500.00 ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location Map CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS TABLE OF CONTENTS for RONALD REAGAN SPORTS PARK PUMP TRACK PROJECT NO. PW18-04 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for RONALD REAGAN SPORTS PARK PUMP TRACK PROJECT NO. PW18-04 THIS CONTRACT, made and entered into the— 16 day of , 2019 by and between the City of Temecula, a municipal corporation, hereinaft r referred to as "City", and American Ramp Company, Inc, hereinafter referred to as "Contractor." WITNESSETH: That City and Contractor, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled Ronald Reagan Sports Park Pump Track, PROJECT NO. PW18-04, 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, Special Provisions, and Technical Specifications, and the 2015 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 Ronald Reagan Sports Park Pump Track, PROJECT NO. PW18-04. 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 Ronald Reagan Sports Park Pump Track PROJECT NO. PW18-04. CONTRACT C-1 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: Ronald Reagan Sports Park Pump Track, PROJECT NO. PW18-04 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 City and Contractor acknowledge that they have negotiated the contract amount, pursuant to California Public Resources Code Section 22038(c). The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: THREE HUNDRED SIXTY SIX THOUSAND TWO HUNDRED DOLLARS AND ZERO CENTS ($366,200.00), the total negotiated price, as set forth in the Proposal. 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 CONTRACT C-2 require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the Contractor filing a one-year Warranty and an Affidavit of Final Release with the City on forms provided by the City. C. Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES / EXTENSION OF TIME a. Liquidated Damaqes: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City. Within ten calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within 30 calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8. WAIVER OF CLAIMS On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the CONTRACT 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 CONTRACT 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 CONTRACT C-5 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. CONTRACT IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: 9- a�5 - l /p� CONTRACTOR: American Ramp Company, Inc 601 Mckinley Ave Joplin, MO 64801 417-206-6816 josh@americanram company.com Nathan Bemo Print or type NAME President Print or type TITLE B Jonathon Hunter Print or type NAME Executive Vice President Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney Michael S. Naggar, Mayor CONTRACT C-7 9-1 �11 State of Missouri County of Jasper On this 23rd day of August in the year 2019 before me, Heather L. Hoopes, a Notary Public in and for said state, personally appeared Nathan Bemo, President, American Ramp Company, known to me to be the person who executed the within City of Temecula, D partment of Public Works Contract for Ronald Reagan Sports Park Pump Track on behalf of said c IT, ration and acknowledged to me that he executed the same for the purposes therein stated. " Seal = CP �a�� ��' 0 D r , rf'fy �SrATEI,QFn4��� �nmmissla State of Missouri County of Jasper otary Public My commission expires On this 23d day of August in the year 2019 before me, Heather L. Hoopes, a Notary Public in and for said state, personally appeared Jonathon Hunter, Vice President, American Ramp Company, known to me to be the person who executed the within City of Tem cula, Department of Public Works Contract for Ronald Reagan Sports Park Pump Track on behalf D said corporation and acknowledged to me that he executed the same for the purposes therein stated. o1111111Irll/fl, Seal .■`■4,�t 0 � �5 go! "CP j • u. �.m N'��i... STATE �,�•.+ff ry Public My commission expires Q BIKE LANE AND TRAIL PROGRAM - PUMP TRACK Infrastructure / Other Project Capital Improvement Program Fiscal Years 2019-23 Project Description: This project will include the design and construction of a Bicycle Pump Track at Ronald Reagan Sports Park located just north of the existing skate park. The pump track will consist of hard packed dirt with an asphalt cap sculpted into a series of rollers, berms, banked turns, and transitions. These features are designed to permit a rider to traverse a looped course with minimal pedaling using gravity to flow through the course. The pump track area will also include an infield material to allow for drainage, hardscape paved entry area with signage, bench seating, shade structure, landscaping, and bike racks. Benefit / Core Value: This project supports healthy and active lifestyles by promoting recreation programs, parks, trails, and facilities. In addition, this project satisfies the City's Core Values of A Sustainable City and Transportation Mobility and Connectivity. Project Status: This project is estimated to be complete by Fiscal Year 2018-19. Department: Planning - Account No. 210.165.718 Level: Project Cost: Prior Years FYE 2018 2018-19 2022-23 Actual Carryover Adopted 2019-20 2020-21 2021-22 Projected and Total Project Expenditures Budaet Appropriation Proiected Proiected Proiected Future Years Cost Administration $ 50,000 $ 50,000 Construction $ 200,000 $ 200,000 Design/Environmental $ 50,000 $ 50,000 Totals $ $ $ 300,000 $ $ $ $ $ 300,000 Source of Funds: Prior Years FYE 2018 2018-19 Actual Carryover Adopted 2019-20 2020-21 2021-22 2022-23 Total Project Expenditures Budget Appropriation Projected Projected Projected Projected Cost DIF (Open Space and Trails) Future Operation & Maintenance Costs 2018-19 2019-20 2020-21 2021-22 2022-23 $ 5,000 1 $ 5,000 1 $ 5,000 1 $ 10,000 $ 300,000 PI' Item No. 13 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 10, 2019 SUBJECT: Award a Construction Contract to Onyx Paving Company, Inc. for the Pavement Rehabilitation Program — Citywide, Moraga Road, Yukon Road, and La Serena Way, PW 19-06 PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer Chris White, Associate Engineer II RECOMMENDATION: That the City Council: 1. Award a construction contract to Onyx Paving Company, Inc. in the amount of $876,000.00, for the Pavement Rehabilitation Program — Citywide, Moraga Road, Yukon Road, and La Serena Way, PW 19-06; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $87,600.00, which is equal to 10% of the contract amount; 3. Make a finding that the Pavement Rehabilitation Program — Citywide, Moraga Road, Yukon Road, and La Serena Way, PW 19-06 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: The project will rehabilitate the full width of Moraga Road, from Rancho California Road to Margarita Road, Yukon Road from Rancho California Road to Margarita Road, and La Serena Way from Margarita Road to Calle Pina Colada. The work will consist of grinding approximately 2" of the existing multi -layer wearing surface slurry seal and overlaying it with approximately the same thickness of hot mix asphalt concrete, reconstruction of ADA ramps, adjustment of existing utilities to grade, and replacing existing striping, pavement markers, and traffic signal loops. On May 28, 2019, the City Council approved the specifications and authorized the Department of Public Works to solicit construction bids. The construction contract was publicly advertised for bids and on Monday, August 26, 2019, four bids were electronically opened and publicly posted on the City's online bidding service, PlanetBids. The results were as follows: Contractor Bid Amount I Onyx Paving Company, Inc. $ 876,000.00 2 Hardy and Harper $ 907,000.00 3 All American Asphalt $ 964,418.00 4 RJ Noble Company $ 1,008,469.25 Staff has completed its analysis of the submitted bids and found Onyx Paving Company, Inc. to be the lowest responsible bidder. Onyx Paving Company, Inc. has public contracting experience and has successfully completed similar projects for various public agencies. The Engineer's estimate for the project was $860,810.00. The specifications allow for 65 working days for construction, which is approximately 3 1/2 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 requires that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90-days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are five percent of construction costs. Maintenance only projects, such as this project, are exempt from MSHCP fees. FISCAL IMPACT: The Pavement Rehabilitation Program — Citywide, Moraga Road, Yukon Road, and La Serena Way is identified in the City's Capital Improvement Program, Fiscal Years 2020-24, and is funded with General Fund, Gas Tax, Measure A and Road Repair and Accountability Act (RMRA) Funds (SB 1). Adequate funds are available in the project accounts to cover the construct costs plus the requested contingency, which totals $963,600.00. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location Maps CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for PAVEMENT REHABILITATION PROGRAM - CITYWIDE MORAGA ROAD, YUKON ROAD AND LA SERENA WAY PROJECT NO. PW19-06 THIS CONTRACT, made and entered into the 10th day of September, 2019 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and Onyx Paving Company, Inc.., hereinafter referred to as "Contractor." WITNESSETH: That City and Contractor, for the consideration hereinafter named, mutually agree as follows CONTRACT DOCUMENTS The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PAVEMENT REHABILITATION PROGRAM - CITYWIDE — MORAGA ROAD, YUKON ROAD AND LA SERENA WAY, PROJECT NO. PW19-06, 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 2015 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 PAVEMENT REHABILITATION PROGRAM - CITYWIDE — MORAGA ROAD, YUKON ROAD AND LA SERENA WAY, PROJECT NO. PW19-06. 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 PAVEMENT REHABILITATION PROGRAM - CITYWIDE — MORAGA ROAD, YUKON ROAD AND LA SERENA WAY, PROJECT NO. PW19-06. 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: PAVEMENT REHABILITATION PROGRAM - CITYWIDE — MORAGA ROAD, YUKON ROAD AND LA SERENA WAY, PROJECT NO. PW19-06. 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: EIGHT HUNDRED SEVENTY-SIX THOUSAND DOLLARS AND NO CENTS ($876,000.00), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed 65 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 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the Contractor filing a one-year 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. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES / EXTENSION OF TIME a. Liquidated Damages: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City. Within ten calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within 30 calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8. WAIVER OF CLAIMS On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 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. `Nye► lei I150MrexodAvL*]aW-3-1161:86111.9191I:V 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. 22 By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows: Mailing and Delivery Address: Patrick A. Thomas, PE Director of Public Works / City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 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: ALAci. 2 7, zo19 CONTRACTOR: Onyx Paving Company, Inc. 2890 E. La Cresta Avenue Anaheim, Ca. 92806 (714) 632-6699 ONYXPAVINGCOINC@SBCGLOBAL.NET By: .k Corev Kirschner. Print or type NAME CEO / President Print or type TITLE By: Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA M ATTEST: Rand! Johl ,City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney Mike Naggar, Mayor � State of California s ' Secretary of State � n- ' 6, Statement of Information G076477 (Domestic Stock and Agricultural Cooperative Corporations) FEES (Filing and Disclosure): $25.00. FILED If this is an amendment, sea Instructions. IMPORTANT — READ INSTRUCTIONS BEFORE COMPLETING THIS FORM In the office of the Secretary of State 1, CORPORATE NAME of the State of California ONYX PAVING COMPANY, INC. OCT•01 2018 2, CAUFORNIA CORPORATE NUMBER C 1659076 This Space for Filing Use Only No Change Statement Nat applicable if agent address of record Is a P.O. Box address. Seeinsiruciions. 3, If there have been any changes to the Information contained In the last Statement of Information filed with the California Secretary of State, or no statement of Information has been previously filed, this form must be completed In Its entirety, If there has been no change In any of the information contained in the last Statement ofInfannatlon filed with the California Secretary of State, check the box and proceed to Item 17. Complete Addresses for the Following (Do not abbreviate the name of f the city. Items 4 and 5 cannot be P.O. Boxes.) 4. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE _ w CITY STATE ZIP CODE 2890 E. LA CRESTA AVE., ANAHEIM, CA 92806 S. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE 2890 E. LA CRESTA AVE., ANAHEIM, CA 92806 6, MAILING ADDRESS OF CORPORATION, IF DIFFERENT THAN ITEM 4 CITY STATE ZIP CODE Names and Complete Addresses of the Following Officers (The corporation must list these three officers. A comparable tide for the specific officermay be added; however, the preprinted lilies on this form must not be altered.) 7. CHIEF EXECUTIVE OFFICER/ ADDRESS CITY STATE ZIP CODE COREY KIRSCHNER 2890 E. LA CRESTA AVE,, ANAHEIM, CA 92806 8. SECRETARY ADDRESS CITY STATE ZIP CODE COREY KIRSCHNER 2890 E. LA CRESTA AVE., -ANAHEIM, CA 92806 9, CHIEF FINANCIAL OFFICER! ADDRESS CITY STATE Zip CODE COREY KIRSCHNER 2890 E. LA CRESTA AVE., ANAHEIM, CA 92806 Names and Complete Addresses of All Directors, Including Directors Who are Also Officers (The corporation must have at least one director. Attach additional pages, Ifnecosseryj 10. NAME ADDRESS CITY STATE ZIP CODE COREY KIRSCHNER 2890 E. LA CRESTA AVE., ANAHEIM, CA 92806 11. NAME ADDRESS CITY STATE ZIP CODE 12. NAME ADDRESS CITY STATE ZIP CODE 13. NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY: Agent for Service of Process If the agent Is an Individual, the agent must reside In Callfomia and Item 15 must be completed with a Callfomia street address, a P.O. Box address is not acceptable. If the agent Is another corporation, the agent must have on file with the Californ Secretary of State a certificate pursuant to California Corporations Code section 1505 and Item 15 must be left blank. 14. NAME OF AGENT FOR SERVICE OF PROCESS COREY KIRSCHNER 15. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE 2890 E. LA CRESTA AVE„ ANAHEIM, CA 92806 Type of Business 10. DESCRIOE THE TYPE OF BUSINESS OF THE CORPORATION — — ASPHALT PAVING SERVICES 17. BY SUBMITTING THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE, THE CORPORATION CERTIFIES THE INFORMATION CONTAINED HEREIN, INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT. 10/01/2018 AFSHIN HAKIM ATTORNEY DATE TYPE/PRINT NAME OF PERSON COMPLETING FORM TITLE SIGNATURE SI-200 (REV 01/2013) Pago 1 of 1 APPROVED BY SECRETARY OF STATE Wino c—n Capital Improvement Program Fiscal Years 2019-23 PAVEMENT REHABILITATION PROGRAM - CITYWIDE Circulation Project Project Description: This project includes the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management System. Benefit / Core Value: This project improves pavement conditions so that the transportation needs of the public, business industry, and government can be met. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: A priority list of rehabilitation projects is used to determine the allocation of available funding. Installations are completed on an ongoing basis. Department: Public Works - Account No. 210.165.655 Level: 2022-23 Project Cost: Prior Years FYE 2018 2018-19 Projected Actual Carryover Adopted 2019-20 2020-21 2021-22 and Future Total Project Expenditures Budget Appropriation Proiected Projected Projected Years Cost Administration $ 2,312,408 $ 285,652 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 120,000 $ 3,918,060 Construction $ 18,394,986 $ 3,895,090 $ 2,629,591 $ 2,577,154 $ 2,655,941 $ 2,736,689 $ 3,199,397 $ 36,088,848 Construction Engineering $ 289,799 $ 664,960 $ 250,000 $ 250:000 $ 250,000 $ 250,000 $ 50,000 $ 2,004,759 Design/Environmental $ 781,049 $ 516,993 $ 1,298,042 Totals $ 21,778,242 1 $ 5,362,695 1 $ 3,179,591 1 $ 3,127,154 1 $3,205,941 1 $3,286,689 1 $3,369,397 1 $ 43,309,709 Source of Funds: Prior Years FYE 2018 2018-19 Actual Carryover Adopted 2019-20 2020-21 2021-22 2022-23 Total Project Expenditures Budget Appropriation Proiected Proiected Proiected Proiected Cost General Fund $ 4,543,670 $ 1,148,944 $ 5,692,614 Gas Tax $ 341,187 $ 858,813 $ 1,200,000 RMRA (1) $ 633,191 $ 1,843,670 $ 1,880,543 $1,918,154 $ 1,956,517 $1,995,647 $ 10,227,722 Measure A $ 14,893,385 $ 2,721,747 $ 1,335,921 $ 1,246,611 $1,287,787 $ 1,330,172 $1,373,750 $ 24,189,373 Measure S $ 2,000,000 $ 2,000,000 Total Funding: $ 21,778,242 $ 5,362,695 $ 3,179,591 $ 3,127,154 $3,205,941 $3,286,689 $3,369,397 $ 43,309,709 Future Operation & Maintenance Costs: 2018-19 2019-20 2020-21 2021-22 2022-23 (1) Road Repair and Accountability Act (RMRA) . u t F _• LD w r� •�* - r �1 CLI lu F. r ■ y,Lit NT • y.14 if 21 �. ��� 'l � 4 , • � ,ram _ .i4 . � ` t ► wr LL co timm!l4t-�4�� + 14 y r• r�r . , i. Avl INK j % �+ - �1coO co Item No. 14 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 10, 2019 SUBJECT: Accept Improvements and File the Notice of Completion for Park Restrooms Renovations, Expansion and ADA Improvements Project, PW17-06 PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer Laura Bragg, Associate Engineer II RECOMMENDATION: That the City Council: 1. Accept the improvements performed by TWM Roofing, Inc., for the Park Restrooms Renovation, Expansion and Americans with Disability Act (ADA) Improvements Project, PW17-06, 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 contract amount; 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been fled. BACKGROUND: On June 11, 2019, the City Council awarded a Minor Construction Services Agreement to TWM Roofing, Inc., in the amount of $39,948.55, and authorized the City Manager to approve change orders not to exceed a 10% contingency of $3,994.86, as part of the Park Restrooms Renovation, Expansion and Americans with Disability Act (ADA) Improvements Project, PW17-06. The Park Restrooms Renovation, Expansion and Americans with Disability Act (ADA) Improvements Project, PW17-06, provides for the design and construction of new park restroom facilities and the renovation, expansion and ADA improvements of existing restroom facilities at various parks. The Ronald Reagan Sports Park North/South Baseball Fields Restroom Building is part of this project. This renovation work provided for the removal and replacement of the damaged roof and wood substrate, the removal of the Announcer's Booth/Crow's Nest and the replacement with a new gabled roof, construction of a shade over hang at the concession window and all other related work to ensure a quality finished product. The Contractor has completed the work in accordance with the scope of work and to the satisfaction of the Director of Public Works/City Engineer. All work is warranted for a period of one year from July 31, 2019, the date the City obtained "beneficial use" of the project improvements. FISCAL IMPACT: Park Restrooms Renovation, Expansion and Americans with Disability Act (ADA) Improvements Project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2020-24, and is funded with Measure S Funds. The original contract amount was $39,948.55 and the project was completed with no change orders (additional costs). ATTACHMENTS: 1. Notice of Completion 2. Contractor's Affidavit and Final Release 3. Maintenance Bond 4. Project Location Map 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 TWM Roofing, Inc., 5256 S. Mission Road, Suite 703, Bonsall, CA 92003, to perform the following work of improvement: Park Restrooms, Renovation, Expansion and Americans with Disability Act (ADA) Improvements, Project No. PW17-06 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 September 10, 2019. That upon said contract Western Surety Company, was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Park Restrooms, Renovation, Expansion and Americans with Disability Act (ADA) Improvements, Project No. PW17-06 6. The location of said property is: Ronald Reagan Sports Park, North/South Baseball Field Restroom/Concession Building, Temecula, California Dated at Temecula, California, this 10' day of September, 2019. 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 1011 day of September, 2019. City of Temecula Randi Johl, City Clerk CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for PARK RESTROOMS RENOVATION, EXPANSION AND AMERICANS WITH DISABILITY ACT (ADA) IMPROVEMENT PROJECT PROJECT NO. PW17-06 This is to certify that TWM ROOFING. 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 PARK RESTROOMS RENOVATION, EXPANSION AND AMERICANS WITH DISABILIY ACT (ADA) IMPROVEMENT PROJECT, PROJECT NO. PW17-06, situated in the City of Temecula, State of California, more particularly described as follows: Ronald Reagan Sports Park North/South Fields Restroom Building, Rancho Vista Rd Temecula CA 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: i Description Dollar Amount to Dispute 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. CONTRACTOR: Dated: t By:l Signature r p rim S 1,C _ I_ Ate/ D G'f Print Name and Title CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT BOND No, 64684529 MAINTENANCE BOND FOR PARK RESTROOMS RENOVATION, EXPANSION AND ADA IMPROVEMENTS PROJECT NO. PW17.06 KNOW ALL PERSONS BY THESE PRESENT THAT: TWM Roofing, Inc. 5256 S. Mission Road, Ste. 703 Bons 11 A 92003 NAME AND ADDRESS CONTRACTOR'S a Corporation hereinafter called "Principal", and (fill in whether Corporation, Partnership or individua) WESTERN SURETY COMPANY 151 N. FRANKLIN, 17th Fl., Chicago, IL 60606 NAME AND ADDRESS OF SURETY hereinafter called "SURETY", are held, firW bold r ta�C�fT�TEMECULA, hereinafter called 0OWNER", in the penal sum a i"� l�,e LABS AND 00 CENTS ($ 39,949.00 ) in lawful money of the United States, said sum being not less than ten (101/1o) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 11th day of Jung; , 2019, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO, PW17-06, PARK RESTROOMS RENOVATION, EXPANSION AND ADA IMPROVEMENTS. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of One (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on THIS THE 31st day of .July , 2019. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees MAINTENANCE BOND MB-1 incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment randerod. The Surety hereby stipulates and agrees that no change; extension of time, alteration, or addition to the terms of the Contract, or to the warp to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this band, 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 lath day of August , 2019. (Seal) SURETY By: _ ;)� MYERS (Name) Attorney -in -Fact (Title) PRINCIPAL By: vy 16 M (Name) ?rz j-s P � (Title) By: APPROVED AS TO FORM: (Name) Peter M. Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures MAINTENANCE BOND MB-Z CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Rj 111 CSA,� On _ c IJIS+ oLol � before me, . V f 0� .k_�C�- iQYIG-C� . Mo [�i11/ C. , Date Here Insert Name and Title of the Officer personally appeared A t A S� �1('��l M �f Q r S- _ Name' of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is, subscribed to the within instrument and acknowledged to me that hels)?Itlrexecuted the same in his/0Crltl)4Y authorized capacity(ies), and that by his/Wpu3jl-signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ------------------- IAGLETA VALENCIA Commission * 2140037 a -: Notary Public - California Riverside County my Comm. Expires Feb-8. 2020 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notaryublic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: AA12 ,r h /V' yl C- — �� OVA Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Si ner(s) Signer's Name: _ LuS�irL ,�y VV04 LrS ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Individual Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ujoshena Signer's Name: 11 Corporate Officer — Title(s): _.. ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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. l State of California County of - r-5 I On J t S� aQ �� - before me, U Date ' personally appeared z C V i (� c+rl�_ �(�Q±Ory� � Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isles subscribed to the within instrument and acknowledged to me that he/s.e/Vk!q executed the same in his/h'r/tWauthorized capacity(ies), and that by his/Oie1thdrsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. IWONLIPT44 VALENCIA Commission # 2140037 z +* Notary Public - California A z Riverside County M comm. Ex Tres Feb 8, 2020 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: f_V�.j�' Document Date: 4 Number of Pages: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s Signer's Name: r3k6Lf 1 ,corporate Officer — Title(s): �- ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: -rL )Wk iZnX1k14 --row. Signer's Name: El Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 646B4529 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint AUST I N JAY MYERS _ its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Twm Roofing, Inc. Obligee: City of Temecula Amount: $1, 000, 000. 00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No. 64 684529 is not issued on or before midnight of March 1, 2020 all authority conferred in this Power of Attorney shall expire and terminate. IN ��Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its mrw'�ge�srt]'te'hLfp &this 14 th day of June 2019 w.- %3 &K, W_ VEST R SURE Y COMPANY f�F S PI. A Paul T, ruftt, Vice President L i ss CO i71 ........ tfigf�BiFietkAe On this 14 th day of June in the year 2019 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTSR.N SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. �yyhh N�ahMtidf 4iHW yyr�ghreh Wtiyy + ITLJ. AtIOHR s a `M s L NOTARY FU9LIC SEAL t Notary Public - South Dakota SOUTH DAKOTA�It f h,�eNyh4yhNh�Y�a�a �ayPvh*a4�4�v �' My Gommzszion Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 14 th day of June 2019 WEST R SURE COMPANY Paul T. Aruflat, Vice President To validate bond authenticity, go to www.enasurety.com > Owner/Obligee Services > Validate Bond Coverage. Form F5306-10-2017 a` � la Va;lti High School .�, tom. • f A River Sprinqs Charter School as A PROJECT: Park Restroom Renovations, Expansion and Americans with Disability Act (ADA) Improvements, PW17-06 SUBJECT: Accept work done under the Minor Construction Agreement with TWM Roofing, Inc. DATE: September 10, 2019 Item No. 15 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA AUGUST 27, 2019 CALL TO ORDER at 7:47 PM: President James Stewart ROLL CALL: Edwards, Naggar, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS - None CSD CONSENT CALENDAR 14. Approve the Action Minutes of August 13, 2019 Recommendation: That the Board of Directors approve the action minutes of August 13, 2019. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Schwank. The electronic vote reflected unanimous approval. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:48 PM, the Community Services District meeting was formally adjourned to Tuesday, September 10, 2019, 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. James Stewart, President ATTEST: Randi Johl, Secretary [SEAL] Item No. 16 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: September 10, 2019 SUBJECT: Approve a Sponsorship Agreement with the Temecula Valley Woman's Club for Use of the Community Recreation Center (CRC) Kitchen and Multi -Purpose Room PREPARED BY: Lisa Waterman, Senior Administrative Assistant RECOMMENDATION: That the Board of Directors approve a sponsorship agreement with the Temecula Valley Woman's Club for in -kind facility use in the amount of $1,342 for the use of the Community Recreation Center (CRC) kitchen and multi -purpose room. BACKGROUND: Through countless service hours and donations, the Temecula Valley Woman's Club has provided assistance and support for scholarships, special club projects, community needs, and charities. The Club holds their annual fundraising event, known as the Annual Holiday Home Tour, in November. This event serves as a fundraiser for the many contributions made throughout the year. Docents provide guided tours of local homes which are decorated with unique holiday trees, festive arrangements, and beautiful decorations to celebrate the season. The Woman's Club is requesting City sponsorship for use of the CRC kitchen and multi -purpose room on six days between October 29 — November 14, 2019, for the preparation, baking, and packaging of baked goods to be sold at the Holiday Home Tour event. FISCAL IMPACT: There is no significant fiscal impact. ATTACHMENTS: Sponsorship Agreement SPONSORSHIP AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA VALLEY WOMAN'S CLUB THIS AGREEMENT is made and effective as of this 10t" day of September, 2019, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Temecula Valley Woman's Club (TVWC), a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit will hold the 35th Annual Holiday Home Tour (hereinafter referred to as the "Event") on November 16 and 17, 2019. In preparation for the Holiday Home Tour, the Non-profit shall utilize the Community Recreation Center (CRC) kitchen and multi- purpose room (hereinafter referred to as the "Event") for the preparation of the Holiday Home Tour baked goods on eight intermittent days beginning October 29 through November 14. b. The Event includes, use of City facility. C. Alcohol will not be served. d. The City desires to be a Sponsor of the Event. 2. TERM This Agreement shall commence on September 10, 2019, and shall remain and continue in effect until tasks described herein are completed, but in no event later than November 18, 2019, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in -kind city -support services valued at an amount not to exceed One Thousand Three Hundred Forty Two Dollars and No Cents ($1,342.00) as listed in Exhibit B, the City of Temecula shall be designated as a Sponsor of the Event. As a Sponsor the City shall receive sponsor benefits as listed in Exhibit A. In the event that City support services exceeds One Thousand Three Hundred Forty Two Dollars and No Cents ($1,342.00), the Nonprofit may seek City authorization for payment above that amount. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Director of Community Services a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance 07/10/2019 sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 5. PERMITS The Nonprofit shall file applications for a Temporary Use Permit and Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 6. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 7. 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. 8. 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 October 1, 2019, 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. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 07/10/2019 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agencythat it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 07/10/2019 e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VI I 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. 9. 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. 10. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 11. 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. 12. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 07/10/2019 To Recipient: Temecula Valley Woman's Club Attn: Wendy Bolduc, President PO Box 1056 Temecula, CA 92593-1056 13. 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. 14. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 15. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 07/10/2019 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES TEMECULA VALLEY WOMAN'S CLUB DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: James Stewart, TCSD President ATTEST: By: Rand! Johl, Secretary APPROVED AS TO FORM: By: c, President By: - ) - Carol Stern, Vice President Peter M. Thorson, General NONPROFIT Counsel Temecula Valley Woman's Club Attn: Wendy Bolduc, President PO Box 1056 Temecula, CA 92593-1056 (951) 302-1370 PM Init s: Date: .1 07/10/2019 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT SPONSORSHIP BENEFITS PRESENTING SPONSOR Temecula Valley Woman's Club shall provide the following benefits and services for the citizens of the City of Temecula: • City of Temecula logo/name on advertisements • City of Temecula name on all press releases • City of Temecula logo/name on event poster • City of Temecula logo/name on event flyers • City of Temecula logo/name on event t-shirt (if applicable) "Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. 07/10/2019 EXHIBIT "B" IN -KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Temecula Valley Woman's Club event. The following expenses can be anticipated for the event: Provided: 50 hours of use of the CRC kitchen, and 43 hours of use of the CRC Multi -Purpose room Value: $1,342 A $200 refundable deposit has already been paid and is not included in the total above. Requested dates and hours of use: • Oct 29 — 9:00 am to 4:00 pm • Oct 31 — 11:00 am to 4:00 pm • Nov 04 - 9:00 am to 4:00 pm • Nov 07 - 11:00 am to 4:00 pm ■ Nov 08 - 9:00 am to 4:00 pm • Nov 09 - 9:00 am to 4:00 pm • Nov 13 - 9:00 am to 4:00 pm • Nov 14 - 11:00 am to 4:00 pm 9 07/10/2019 Item No. 17 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: September 10, 2019 SUBJECT: City Council Travel/Conference Report PREPARED BY: Luisa Tovar, Executive Assistant RECOMMENDATION: That the City Council receive and file the City Council travel and conference report. On July 24, 2019, Council Member Matt Rahn traveled to Washington, DC to meet with City Lobbyist (Turch & Associates) and Federal Offices regarding support for the 2019 Infrastructure for Rebuilding America Grant Program Round Two (INFRA Grant) application previously submitted. ATTACHMENT: Itinerary David lurch and dissociates CITY OF TEMECULA WASHINGTON, D.C. SCHEDULE July 24, 2019 WEDNESDAY, JULY 24 9:30 am Jamie will meet Matt Rahn at Hotel 10:30 am Anne Reinke, Deputy Assistant Secretary for Intergovernmental Affairs Sean Pool, Senior Intergovernmental Affairs Officer Michael Russo, Special Assistant US Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 POC: Michael Russo 202-366-4904 Office Michael. d.russo&dot. gov 11: 3 0 am Lunch 1:00 pm Representative Duncan D. Hunter and Reed Linsk, Legislative Director 2429 Rayburn House Office Building Washington, DC 20515 202-225-5672 1:45 pm Richie O'Connell, Senior Legislative Assistant 2205 Rayburn House Office Building 202-225-1986 Rishi Sahgal, (new) Transportation LA Office of Senator Dianne Feinstein 331 Hart Senate Office Building Washington, DC 20510 202-224-3 841 4:45 pm Southwest 1558 DCA REQUESTS TO SPEAK REQUEST TO SPEAK \ CITY OF TEMECULA 1989 r, Date: I wish to speak on: Public Comment Circle One: CITY COUNCIL / CSD / SARDA / THA / TPFA r. Subject: (' V1 ❑ Agenda Item No. For ❑ Against ❑ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. ( /� (( Name: l t C �-`� ��e,GL9 e( Phone Number: ( Address: Email address:. If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK - CITY OF TEMECULA 1989 Date: I wish to speak on: ❑ Public Comment Circle One: CITY COUNCIL / CSD / SARDA / THA / TPFA Subject: Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk arior 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 t item. Once the speaker is called to speak, please come forward to the podium and state your name for the rec d. % ,� \ -' Address: Email address: If you are representing an organization or group, please give the name: IV —r1u &,rt ScnmF' Please note that all information presented at a City Council meeting becomes public record. All information provided is optional.