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030921 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 9, 2021- 7:00 PM IMPORTANT NOTICE REGARDING THIS MEETING This meeting is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20, dated March 17, 2020, regarding the COVID-19 pandemic. In accordance with the order, the public may not view the meeting in -person in the Council Chamber. The live stream of the meeting may be viewed on television and/or online. Details can be found at temeculaca.gov/tv. Submission of Public Comments: For those wishing to make public comments at the meeting, please submit your comments by email to be read aloud into the record at the meeting by the City Clerk. Email comments must be submitted to randi.johl@temeculaca.gov. Email comments on matters not on the agenda must be received prior to the time the item for Public Comments is called. Email comments on agenda items must be received prior to the time Public Comments for the agenda item is called. Email comments on public hearing items must be received prior to the time the public hearing is opened to hear public comments. All email comments shall be subject to the same rules as would otherwise govern public comments at an in -person meeting. Public Comments for this meeting may only be submitted via email. Comments via text and social media will not be accepted. Reading of Public Comments: The City Clerk shall read all email comments, provided that the reading shall not exceed three (3) minutes, or such other time as the Council may provide, consistent with the time limit for speakers at an in -person Council meeting. The email comments shall become part of the meeting record. CALL TO ORDER: Mayor Maryann Edwards INVOCATION: Sylvester Scott of Temecula Baha'i Community FLAG SALUTE: Mayor Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS/PROCLAMATIONS Community Update from Superintendent Jodi McClay of Temecula Valley Unified School District Page 1 City Council Agenda March 9, 2021 BOARD AND COMMISSION REPORTS Community Services Commission, Planning Commission, Public Traffic Safety Commission PUBLIC SAFETY REPORT California Department of Forestry and Fire Protection (CAL FIRE) 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. For all Public Hearing or Business items on the agenda, each speaker is limited to five minutes. For this meeting, public comments may be submitted and read into the record pursuant to the important notice provided at the top of this agenda. 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. ANNUAL JOINT MEETING - CITY COUNCIL / PLANNING COMMISSION Conduct the annual joint meeting between the City Council and the Planning Commission and receive presentation regarding the same. 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 2. 3. Recommendation: Attachments 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. Agenda Report Approve Action Minutes of February 23, 2021 Recommendation: That the City Council approve the action minutes of February 23, 2021. Attachments: Action Minutes Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: Page 2 City Council Agenda March 9, 2021 4. 5. 6. 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 Accept the Donation of Vehicles for the Police Volunteer Program Recommendation: That the City Council authorize the City Manager to accept the donation of two vehicles to be utilized by the Police Department's Community Action Patrol volunteers and waive the condition of the Corporate Sponsorship Policy requiring that 50% of any and all funds collected under this policy be allocated to the City's Community Service Funding account for allocation to local non-profit organizations. Attachments: Agenda Report Corporate Sponsorship Policy November 26, 2013 Minutes Approve the Extension of Joint Use Agreement with the Temecula Valley Unified School District for Temecula Elementary School Recommendation: That the City Council approve the sixth amendment to the agreement between the City of Temecula and the Temecula Valley Unified School District for joint use of a portion of Temecula Elementary School. Attachments: Agenda Report Amendment Approve Design Build Agreement and General Conditions with De La Secura Builders, Inc. for the Margarita Recreation Center, Project No. PW17-21 Recommendation: That the City Council: 1. Approve the Design Build Agreement and General Conditions with De La Secura Builders, Inc. with a Guaranteed Maximum Price (GMP) amount of $8,680,459.00, for the Margarita Recreation Center Project, PW17-21; and 2. Authorize the City Manager to approve change orders up to 1.4% of the agreement amount, $120,000.00. Page 3 City Council Agenda March 9, 2021 7. 8. 9. Attachments: Agenda Report Agreement General Conditions Project Description and Budget Sheet Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Fiber Optic Communication System Upgrade Project, PW 18-05 Recommendation: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Fiber Optic Communication System Upgrade Project, PW 18-05; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Attachments: Agenda Report Project Description Project Location Map Approve the First Amendment to the Minor Maintenance Agreement with Rene B. Martinez, Sr. dba Rene's Commercial Management for Homeless Encampment Cleanup Services Recommendation: That the City Council approve the first amendment to the agreement for minor maintenance services with Rene B. Martinez, Sr. dba Rene's Commercial Management, in the amount of $200,000 for homeless encampment cleanup services. Attachments: Agenda Report Amendment Accept Improvements and File the Notice of Completion for Pechanga Parkway Environmental Mitigation Project, PW11-01 Recommendation That the City Council: 1. Accept the construction of Pechanga Parkway Environmental Mitigation Project, PW11-01, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. Page 4 City Council Agenda March 9, 2021 10. Attachments: Agenda Report Notice of Completion Affidavit and Final Release Accept Improvements and File the Notice of Completion for the Citywide Slurry Seal Program Fiscal Year 2019-20, PW19-12 Recommendation: That the City Council: 1. Accept the construction of the Citywide Slurry Seal Program - Fiscal Year 2019-20, PW19-12, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a three-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. Attachments: Agenda Report Notice of Completion Maintenance Bond Affidavit and Final Release RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE TEMECULA PUBLIC FINANCING AUTHORITY Page 5 City Council Agenda March 9, 2021 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Zak Schwank ROLL CALL: Alexander, Edwards, 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. For all Public Hearing or Business items on the agenda, each speaker is limited to five minutes. For this meeting, public comments may be submitted and read into the record pursuant to the important notice provided at the top of this agenda. 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. 11. Approve Action Minutes of February 23, 2021 Recommendation That the Board of Directors approve the action minutes of February 23, 2021. Attachments: Action Minutes CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, March 23, 2021, 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 6 City Council Agenda March 9, 2021 JOINT MEETING - SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY / CITY COUNCIL CALL TO ORDER: Chair Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart SARDA 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. For all Public Hearing or Business items on the agenda, each speaker is limited to five minutes. For this meeting, public comments may be submitted and read into the record pursuant to the important notice provided at the top of this agenda. SARDA / COUNCIL CONSENT 12. Approve the Eighth Amendment to the Disposition and Development Agreement for the Town Square Marketplace Development Between the Successor Agency to the Temecula Redevelopment Agency, the City of Temecula, and Town Square Marketplace Old Town, LLC (APN Nos. 922-360-004, 005, 006, 007) Recommendation That the City Council and Successor Agency to the Temecula Redevelopment Agency adopt resolutions entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE EIGHTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC CONVEYING APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ON MAIN STREET WEST OF MERCEDES STREET RESOLUTION NO. SARDA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE EIGHTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC CONVEYING APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ON MAIN STREET WEST OF MERCEDES STREET Page 7 City Council Agenda March 9, 2021 Attachments: Agenda Report Amendment Council Resolution SARDA Resolution SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS SARDA ADJOURNMENT The next regular meeting of the Successor Agency to the Redevelopment Agency will be held on Tuesday, March 23, 2021, 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 8 City Council Agenda March 9, 2021 TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY CALL TO ORDER: Chair Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart TPFA PUBLIC COMMENT 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. For all Public Hearing or Business items on the agenda, each speaker is limited to five minutes. For this meeting, public comments may be submitted and read into the record pursuant to the important notice provided at the top of this agenda. TPFA CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Temecula Public Financing Authority request specific items be removed from the Consent Calendar for separate action. 13. Approve Action Minutes of February 23, 2021 Recommendation Attachments: That the Board of Directors approve the action minutes of February 23, 2021. Action Minutes TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTOR REPORTS TPFA ADJOURNMENT The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, March 23, 2021, 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 March 9, 2021 RECONVENE TEMECULA CITY COUNCIL BUSINESS 14. Receive Presentation on the History, Current Efforts and Future Opportunities and Requirements Regarding . Affordable Housing Within the City of Temecula Recommendation Attachments That the City Council receive and file staff s presentation on the history, current efforts and future opportunities and requirements regarding affordable housing within the City of Temecula. Agenda Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, March 23, 2021, 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. W171Ilei aIlea 11,111rall :34to 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 online at temeculaca.gov at least 72 hours prior to the 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: March 9, 2021 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 FEBRUARY 23, 2021 - 7:00 PM IMPORTANT NOTICE REGARDING THIS MEETING This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20, dated March 17, 2020, regarding the COVID-19 pandemic. In accordance with the order, the public may not view the meeting in -person in the Council Chamber. The live stream of the meeting may be viewed on television and/or online. Details can be found at temeculaca.gov/tv. Submission of Public Comments: For those wishing to make public comments at the meeting, please submit your comments by email to be read aloud into the record at the meeting by the City Clerk. Email comments must be submitted to randi.johl@temeculaca.gov. Email comments on matters not on the agenda must be received prior to the time the item for Public Comments is called. Email comments on agenda items must be received prior to the time Public Comments for the agenda item is called. Email comments on public hearing items must be received prior to the time the public hearing is opened to hear public comments. All email comments shall be subject to the same rules as would otherwise govern public comments at an in -person meeting. Public Comments for this meeting may only be submitted via email. Comments via text and social media will not be accepted. Reading of Public Comments: The City Clerk shall read all email comments, provided that the readingshall not exceed three (3) minutes, or such other time as the Council may provide, consistent with the time limit for speakers at an in -person Council meeting. The email comments shall become part of the meeting record. CLOSED SESSION: 6:00 P.M. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION. The City Council convened in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. Based on existing facts and circumstances, the City Council will decide whether to initiate litigation. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council convened in closed session pursuant to Government Code Section 54956.8 regarding the potential sale of approximately 3.64 acres located at the northwest corner of Rancho California Road and Diaz Road, along with a portion of adjacent right of way, owned by the City (APN 951-021-989). The parties to the negotiations for the potential sale of the property are Alitra, LLC and the City of Temecula. Negotiators for the City of Temecula are Aaron Adams, Greg Butler, Christine Damko, and Peter Thorson. Under negotiation are the price and terms of payment for the potential sale of the property. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council convened in closed session pursuant to Government Code Section 54956.8 regarding four parcels of real property owned by the City of Temecula, as successor to the assets of the Redevelopment Agency of the City of Temecula, consisting of approximately 1 acre (APN 922-360-004, 005, 006 & 007) located on Main Street at Mercedes Street in the City of Temecula. The parties to the negotiations for the potential sale of the property are Marketplace Old Town, LLC (Truax Development) and the City of Temecula. Negotiators for the City of Temecula are Aaron Adams, Greg Butler, and Luke Watson. Under negotiation are price and terms for the sale of the property. CALL TO ORDER at 7:00 PM: Mayor Maryann Edwards INVOCATION: Pastor William Rench of Calvary Baptist Church FLAG SALUTE: Mayor Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS Presentation by David Showalter of Eide Bailly, LLP Regarding Comprehensive Annual Financial Report BOARD AND COMMISSION REPORTS Old Town Local Review Board, Planning Commission, and Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT Riverside County Sheriffs Department PUBLIC COMMENTS The following individual(s) submitted an electronic comment on non-agendized item(s): • Joni Beckman • Andrea Melara • Belinda Morris • Lucille Loman • Craig Evans • Temecula Resident • Melissa Bourbonnais • Suzanne Lane • Jonnie Estes • Jordan Bourbonnais • Tammy Acme • Bob Kowell • Karyn Finley • Jennifer Cornelius • Yusur Ferman • Omar Pingel • Mary Ames • Laurel LaMont The following individual(s) submitted an electronic comment on an agendized item(s): • Christine Massa (Item 5, 10) • Tammy Simms (Items 5, 10) • Summer Berg (Items 5, 10) • Ashley Clingingsmith (Items 5, 10) • Dean Vasquez (Items 5, 10) • Tim McDonald (Items 5, 10) • Monica Chian (Item 5) • Julie Geary (Items 5, 10) • Lisa Sanchez (Items 5, 10) • Allison Donahoe -Beggs (Item 5) CITY COUNCIL REPORTS ANNUAL JOINT MEETING - CITY COUNCIL / OLD TOWN LOCAL REVIEW BOARD CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Rahn. The 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 Action Minutes of February 9, 2021 Recommendation: That the City Council approve the action minutes of February 9, 2021. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Approve City Treasurer's Report as of December 31, 2020 Recommendation: That the City Council approve and file the City Treasurer's Report as of December 31, 2020. 5. Receive and File the Police Services Joint Powers Authority Feasibility Assessment Prepared by Citygate Associates (At the Request of Public Safety Ad -Hoc Subcommittee May Edwards and Mayor Pro Tempore Rahn) Recommendation: That the City Council receive and file the Police Services Joint Powers Authority (JPA) Feasibility Assessment prepared by Citygate Associates dated February 2, 2021. RECESS: At 8:52 PM, the City Council recessed and convened as the Temecula Community Services District Meeting, the Successor Agency to the Temecula Redevelopment Agency meeting, Temecula Public Financing Authority/City Council joint meeting and City Council/Temecula Community Services District joint meeting. At 9:12 PM the City Council resumed with the remainder of the City Council Agenda. JOINT MEETING - TEMECULA PUBLIC FINANCING AUTHORITY / CITY COUNCIL CALL TO ORDER at 8:55 PM: Chair Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart TPFA / COUNCIL PUBLIC COMMENT - None TPFA / COUNCIL BUSINESS 8. Approve and Adopt Resolutions of Intention to Form CFD 20-01, Authorize the Levy of Special Taxes, Incur Bonded Indebtedness and Approve Related Documents and Agreements Recommendation: That the City Council/Board of Directors adopt the following resolutions entitled: RESOLUTION NO. TPFA 2021-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN - (HEIRLOOM FARMS) RESOLUTION NO. TPFA 2021-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 20-01 (HEIRLOOM FARMS) RESOLUTION NO. 2021-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND IMPLEMENTATION OF AN ACQUISITION AGREEMENT Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Rahn. The vote reflected unanimous approval. TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTOR REPORTS 4 TPFA ADJOURNMENT At 9:11 PM, the Temecula Public Financing Authority meeting was formally adjourned to Tuesday, March 23, 2021, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. JOINT MEETING - CITY COUNCIL / TEMECULA COMMUNITY SERVICES DISTRICT COUNCIL / CSD CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Alexander. The vote reflected unanimous approval. 9. Approve Fiscal Year 2020-21 Mid -Year Budget Adjustments Recommendation: That the City Council/TCSD Board of Directors adopt the following resolutions entitled: RESOLUTION NO. 2021-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2020-21 ANNUAL OPERATING BUDGET RESOLUTION NO. CSD 2021-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2020-21 ANNUAL OPERATING BUDGETS RESOLUTION NO. 2021-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CAPITAL IMPROVEMENT PROGRAM FISCAL YEARS 2021-25 AND AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2020-21 COUNCIL / CSD ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL BUSINESS 10. Discuss and Provide Direction Regarding an Alternate Facility to Serve as the Base of Operations for the Sheriff's Deputies Assigned to Temecula, a Temecula Police Station within the Cit. Limits At the Request of Council Member Stewart) 5 Recommendation: That the City Council: 1. Discuss the current Base of Operations, the Southwest Station, the current deployment model, and the concept of shifting to a Base of Operations within the City limits; and 2. Provide direction on exploring an alternate Base of Operations, if, after discussion, the Council wishes to do so. Additionally, consider forming a City Council ad -hoc subcommittee to guide the process. Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. Motion to create the Police Base of Operations Ad Hoc Subcommittee of Mayor Pro Tern Rahn and Council Member Stewart to evaluate alternatives to the police base of operations currently located at Southwest Station to a location within the City's boundaries. The vote reflected unanimous approval. DEPARTMENTAL REPORTS (Receive and File) 11. Community Development Department Monthly Report 12. Fire Department Monthly Report 13. Police Department Monthly Report 14. Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT The City Attorney stated there was no reportable actions from closed session. ADJOURNMENT At 10:16 PM, the City Council meeting was formally adjourned to Tuesday, March 9, 2021, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Maryann Edwards, 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: March 9, 2021 SUBJECT: Approve the List of Demands PREPARED BY: Jada Shafe, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021- 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.2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $4,888,384.69. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of March, 2021. Maryann Edwards, 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. 2021- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of March, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 02/11/2021 TOTAL CHECK RUN: 02/18/2021 TOTAL CHECK RUN: 02/18/2021 TOTAL PAYROLL RUN: $ 3,228,698.71 1,179,301.65 480,384.33 TOTAL LIST OF DEMANDS FOR 3/9/2021 COUNCIL MEETING: $ 4,888,384.69 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 3,256,267.27 125 PEG PUBLIC EDUCATION & GOVERNMENT 444.49 140 COMMUNITY DEV BLOCK GRANT 3,806.49 165 AFFORDABLE HOUSING 2,458.71 190 COMMUNITY SERVICES DISTRICT 121,288.30 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 632.90 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 6,115.00 197 TEMECULA LIBRARY FUND 10,494.52 210 CAPITAL IMPROVEMENT PROJECTS FUND 862,696.95 300 INSURANCE FUND 3,077.74 305 WORKERS' COMPENSATION 2,244.79 310 VEHICLES AND EQUIPMENT FUND 874.46 320 INFORMATION TECHNOLOGY 62,692.79 325 TECHNOLOGY REPLACEMENT FUND 136.99 330 SUPPORT SERVICES 2,067.77 340 FACILITIES 45,350.76 472 CFD 01-2 HARVESTONA&B DEBT SERVICE 68.74 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 68.87 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 68.87 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 80.34 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 68.87 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 91.80 478 CFD 16-01 RORIPAUGH PHASE II 68.85 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 204.53 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 42.04 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 452.42 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 200.60 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,186.32 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 5,924.63 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 124.10 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 1,253.11 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 200.14 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 14.02 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 13.93 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 1,008.07 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 669.37 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 41.94 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATE 13.93 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 34.62 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 14.08 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 373.14 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 446.44 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 833.59 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 7,290.77 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 14.08 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 88.56 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 1,157.39 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 34.61 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 13.93 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 108.43 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 5,062.48 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 12.82 $ 4,408,000.36 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 296,064.50 140 COMMUNITY DEV BLOCK GRANT 475.89 165 AFFORDABLE HOUSING 3,295.16 190 TEMECULA COMMUNITY SERVICES DISTRICT 121,638.28 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,326.87 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 547.48 197 TEMECULA LIBRARY FUND 2,684.57 300 INSURANCE FUND 1,698.61 305 WORKERS' COMPENSATION 1,416.65 320 INFORMATION TECHNOLOGY 36,841.80 330 SUPPORT SERVICES 3,340.76 340 FACILITIES 6,958.94 472 CFD 01-2 HARVESTONA&B DEBT SERVICE 102.77 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 102.67 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 102.67 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 129.45 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 102.67 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 156.24 478 CFD 16-01 RORIPAUGH PHASE II 102.68 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 0.07 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 0.58 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 0.58 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 0.58 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 0.58 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 0.58 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 0.07 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 275.00 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 0.07 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 0.58 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 0.07 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 137.52 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 13.77 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 0.07 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 0.07 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 13.77 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.07 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 82.51 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 115.48 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 275.00 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 522.54 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 0.07 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 0.86 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 219.99 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 27.50 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 0.07 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 0.58 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 549.97 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 0.07 700 CERBT CALIFORNIA EE RETIREE-GASB45 1,057.00 480,384.33 TOTAL BY FUND: $ 4,888,384.69 apChkLst 02/09/2021 1:06:33PM Final Check List CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 500169 2/11/2021 013015 ALWAYS RELIABLE BACKFLOW TESTS: MEDIANS & PARKS BACKFLOW, AKA NANETTE SEMAN 500170 2/11/2021 010650 CRAFTSMEN PLUMBING & REPAIR FOUNTAIN TILE: TOWN HVAC INC SQUARE REPLACE FLOORING: IWTCM 500171 2/11/2021 001393 DATA TICKET INC, DBA DEC CITATION PROCESSING: CSD REVENUE EXPERTS 500172 2/11/2021 020648 DG INVESTMENT HOLDINGS 2 surveillance system Genetec INC, CONVERGINT TECHNOLOGIES CITYWIDE SURVEILLANCE PROJ:INFO T 500173 2/11/2021 003945 DIAMOND ENVIRONMENTAL COVID CLEANING: CRC SRVCS TEMPORARY FENCING: JRC 500174 2/11/2021 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARKS: PW FUEL FOR CITY VEHICLES: STREET MIA FUEL FOR CITY VEHICLES: PARK RANGE FUEL FOR CITY VEHICLES: TRAFFIC DIV FUEL FOR CITY VEHICLES: PW CIP FUEL FOR CITY VEHICLES: BLDG INSPE FUEL FOR CITY VEHICLES: FIRE DEPT FUEL FOR CITY VEHICLES: LAND DEV 500175 2/11/2021 002577 ENGINEERING RESOURCES ENG SVCS: BIKE TRAIL PGM: PW19-11 500176 2/11/2021 001056 EXCEL LANDSCAPE INC NOV LDSCP MAINT SLOPES: PARK/MEDIANS IRRIGATION REPAIRS: VARIOUS PARKS LANDSCAPE IMPROVEMENTS: SAM HICI SOLAR PANEL REPLACE: VAIL RANCH SI LANDSCAPE IMPROVEMENT:WOODCRE LANDSCAPE IMPROVEMENTS:HARVES' IRRIGATION REPAIRS, VARIOUS SLOPE; REPLACE DAMAGED TREE- OLD TOWN 500177 2/11/2021 021308 GILLIS + PANICHAPAN ARCHITECTURAL SVCS: CRC PW19-07 ARCHITECTS, INC 500178 2/11/2021 000177 GLENNIES OFFICE PRODUCTS EMERGENCY SUPPLIES: COVID-19 INC MISC OFC SUPPLIES: BLDG & SAFETY 500179 2/11/2021 020628 HASA INC VARIOUS SUPPLIES: AQUATICS Amount Paid 378.00 4,500.00 3,790.00 200.00 9,565.50 4,943.12 325.56 95.00 1,158.26 1,039.15 351.68 263.84 237.76 174.67 111.09 46.72 7.995.00 56,831.22 4,840.02 4,802.10 2,315.00 2,194.00 2,085.00 1,965.69 850.00 9,125.00 260.78 108.05 621.87 Page: 1 Check Total 378.00 8,290.00 200.00 14,508.62 420.56 3,383.17 7,995.00 75,883.03 9,125.00 368.83 621.87 Page:1 apChkLst 02/09/2021 1:06:33PM Final Check List CITY OF TEMECULA Page: 2 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 500180 2/11/2021 006914 INNOVATIVE DOCUMENT DEC COPIER MAINT/USAGE/REPAIR: 216.92 216.92 SOLUTIONS CITYWIDE 500181 2/11/2021 012285 JOHNSTONE SUPPLY MISC SUPPLIES: CIVIC CTR 46.95 46.95 500182 2/11/2021 004141 MAINTEX INC COVID EMERGENCY SUPPLIES: PW 307.78 307.78 500183 2/11/2021 012264 MIRANDA. JULIO C TCSD INSTRUCTOR EARNINGS 403.20 TCSD INSTRUCTOR EARNINGS 243.60 646.80 500184 2/11/2021 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: OLD TOWN 1,060.32 INC MAINT ELECTRICAL SUPPLIES: PARKS 86.20 1,146.52 500185 2/11/2021 014173 NPG INC DBA, GOLDSTAR PAVE PARKING LOT: IWTCM 62,115.00 62,115.00 ASPHALT PRODUCTS 500186 2/11/2021 002412 RICHARDS WATSON AND DEC 2020 LEGAL SERVICES 10,801.50 GERSHON DEC 2020 LEGAL SERVICES 8,292.00 DEC 2020 LEGAL SERVICES 3,303.50 DEC 2020 LEGAL SERVICES 1,157.00 DEC 2020 LEGAL SERVICES 627.00 DEC 2020 LEGAL SERVICES 385.00 DEC 2020 LEGAL SERVICES 342.00 DEC 2020 LEGAL SERVICES 255.00 DEC 2020 LEGAL SERVICES 168.50 DEC 2020 LEGAL SERVICES 114.00 25,445.50 500187 2/11/2021 021620 SIEMENS MOBILITY INC INSTALL TRAFFIC POLE: 9,017.81 MARGARITAIVERDE REPLACE TRAFFIC POLE: BUTTERFIELE 9,017.81 18,035.62 500188 2/11/2021 009746 SIGNS BY TOMORROW JAN SIGN POSTING PA16-0966: PLNG 213.75 213.75 Grand total for EFT UNION BANK: 229,348.92 Paget apChkLst Final Check List Page: 3 02/09/2021 1:06:33PM CITY OF TEMECULA 20 checks in this report. Grand Total All Checks: 229,348.92 Page:3 apChkLst Final Check List Page: 1 02/10/2021 12:18:01 PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 204421 2/9/2021 000186 HANKS HARDWARE INC Description Amount Paid Check Total MISC MAINT SUPPLIES: VARI DEPTS 3,726.02 MISC MAINT SUPPLIE: PARKS: PW 1,191.27 MISC MAINT SUPPLIE: TRAFFIC: PW 614.32 MISC MAINT SUPPLIES: OLD TOWN 96.55 MISC HDWR SUPPLIES: CODE ENFORCE 64.20 Small tools/equipment: Bldg & Safety 47.05 5,739.41 Grand total for UNION BANK: 5,739.41 Page:1 apChkLst Final Check List Page: 2 02/10/2021 12:18:01PM CITY OF TEMECULA checks in this report. Grand Total All Checks: 5,739.41 Paget apChkLst 02/11/2021 12:11:08PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 10447 2/3/2021 000537 SO CALIF EDISON JAN 2-21-981-4720 30153 TEMECULA 21.10 21.10 PKWY 10448 2/3/2021 000537 SO CALIF EDISON JAN 2-41-072-5246 29429 TEMECULA 41.76 41.76 PKWY 10449 2/3/2021 000537 SO CALIF EDISON JAN 2-28-904-7706 32329 OVERLAND 142.76 142.76 TRL 10450 2/4/2021 010276 TIME WARNER CABLE JAN INTERNET SVCS OTA32364 119.99 119.99 OVERLAND 10451 2/4/2021 018858 FRONTIER CALIFORNIA INC JAN INTERNET SVCS- FIRE STATION 171.84 171.84 73 10452 2/4/2021 018858 FRONTIER CALIFORNIA INC JAN INTERNET SVCS- LIBRARY 190.98 190.98 10453 2/4/2021 010276 TIME WARNER CABLE JAN INTERNET SVCS- 40820 598.64 598.64 WINCHESTER RD 10454 2/5/2021 000537 SO CALIF EDISON JAN 2-35-421-1260 41955 4TH ST 12.49 12.49 10455 2/5/2021 000537 SO CALIF EDISON JAN 2-29-807-1226 28077 DIAZ RD 13.24 13.24 10456 2/5/2021 000537 SO CALIF EDISON JAN 2-29-657-2787 41638 WINCHESTER 13.93 13.93 RD 10457 2/5/2021 000537 SO CALIF EDISON JAN 2-31-419-2873 43000 HIGHWAY 395 13.93 13.93 10458 2/5/2021 000537 SO CALIF EDISON JAN 2-34-333-3589 41702 MAIN ST 14.12 14.12 10459 2/5/2021 000537 SO CALIF EDISON JAN 2-29-807-1093 28079 DIAZ RD 14.53 14.53 10460 2/5/2021 000537 SO CALIF EDISON JAN 2-31-031-2616 27991 DIAZ RD 14.94 14.94 10461 2/5/2021 000537 SO CALIF EDISON JAN 2-31-282-0665 27407 DIAZ RD 14.94 14.94 10462 2/5/2021 000537 SO CALIF EDISON JAN 2-14-204-1615 30027 FRONT ST 27.93 27.93 10463 2/5/2021 000537 SO CALIF EDISON JAN 2-41-502-0478 28402 MERCEDES 32.71 32.71 ST Page:1 apChkLst 02/11/2021 12:11:08PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 10464 2/5/2021 000537 SO CALIF EDISON JAN 2-19-171-8568 28300 MERCEDES 180.12 180.12 ST 10465 2/5/2021 000537 SO CALIF EDISON JAN 2-31-536-3481 41902 MAIN ST 198.92 198.92 10466 2/5/2021 000537 SO CALIF EDISON JAN 2-18-937-3152 28314 MERCEDES 339.49 339.49 ST 10467 2/5/2021 010276 TIME WARNER CABLE JAN INTERNET SVCS 28300 598.64 598.64 MERCEDES ST 10468 2/5/2021 000537 SO CALIF EDISON JAN 2-02-502-8077 43210 BUS PARK DR 615.04 615.04 10469 2/5/2021 000537 SO CALIF EDISON JAN 2-02-351-4946 41845 6TH ST 786.42 786.42 10470 2/5/2021 000537 SO CALIF EDISON JAN 2-31-536-3655 41904 MAIN ST 1,455.63 1,455.63 10471 2/5/2021 000537 SO CALIF EDISON JAN 2-31-912-7494 28690 MERCEDES 1,889.21 1,889.21 ST 10472 2/5/2021 000537 SO CALIF EDISON JAN 2-29-224-0173 STAOTA32364 1,896.44 1,896.44 10473 2/5/2021 000537 SO CALIF EDISON JAN 2-29-933-3831 43230 BUS PARK DR 2,176.92 2,176.92 10474 2/5/2021 000537 SO CALIF EDISON JAN 2-00-397-5042 43200 BUS PARK DR 2,669.02 2,669.02 10475 2/5/2021 000537 SO CALIF EDISON JAN 2-32-903-8293 41000 MAIN ST 15,543.79 15,543.79 10518 1/31/2021 003577 CALIF DEPT OF TAX AND, FEE JAN-DEC'20 SALES & USE TAX 8,827.00 8,827.00 ADMINISTRATION RETURN 10519 2/4/2021 020062 MEDLINE INDUSTRIES INC QE SEPT 2020 SALES TAX PHS 303,784.50 303,784.50 204422 2/11/2021 003552 AFLAC PREMIUM HOLDING, AFLAC ACCIDENT INDEMNITY 3,900.86 3,900.86 C/O BNB BANK LOCKBOX PAYMENT 204423 2/11/2021 007282 AMAZON CAPITAL SERVICES MISC OFC SUPPLIES:PD MALL 85.74 INC STOREFRONT BOOKS RHRTPL: LIBRARY 73.35 BOOKS RHRTPL: LIBRARY 131.93 291.02 204424 2/11/2021 000936 AMERICAN RED CROSS, STAFF/LIFEGUARDS CERTS: 595.00 HEALTH AND SAFETY SVCS AQUATICS STAFF/LIFEGUARDS CERTS: AQUATICS 152.00 747.00 Paget apChkLst Final Check List Page: 3 02/11/2021 12:11:08PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204425 2/11/2021 022076 ARMADA, PETER REFUND: CITATION 348262 DISMISSAL 204426 2/11/2021 011348 BONCOR WATER SYSTEMS MAR WTR TANK FILTER REPL: STA 73 LLC, DBA SUNSHINE WATER SOFT 204427 2/11/2021 022074 BOYD, LINDA REFUND: CITATION 346363 DISMISSAL 204428 2/11/2021 003138 CAL MAT, DBAVULCAN ASPHALT SUPPLIES: PW STREET MATERIALS CO MAINT 204429 2/11/2021 004248 CALIF DEPT OF JAN FINGERPRINTING SVCS: HR & PD JUSTICE-ACCTING 204430 2/11/2021 022079 CAULFIELD, KATHARINE REFUND: CITATION 348353 DISMISSAL 204431 2/11/2021 005417 CINTAS PROTECTION NO 2, FIRE EXTINGUISHER INSPECTION: CINTAS FIRE 636525 TCC FIRE EXTINGUISHER INSPECTION: WES FIRE EXTINGUISHER INSPECTION: TVE2 FIRE EXTINGUISHER INSPECTION: TCC FIRE EXTINGUISHER INSPECTION: THE/ FIRE EXTINGUISHER INSPECTION: CIVI( FIRE EXTINGUISHER INSPECTION: IWTC FIRE EXTINGUISHER INSPECTION: CIVI( FIRE EXTINGUISHER INSPECTION: FOC FIRE EXTINGUISHER INSPECTION: TCC 204432 2/11/2021 020025 CIVIL SOURCE INC DEC ENG SVCS: BUTTERFIELD STG, PW15-11 204433 2/11/2021 017429 COBRAADVANTAGE INC, DBA JAN FSA& COBRAADMIN: HR THE ADVANTAGE GROUP 204434 2/11/2021 002945 CONSOLIDATED ELECTRICAL Electrical Supplies: Various Facilities DIST 204435 2/11/2021 001233 DANS FEED AND SEED INC MISC SUPPLIES: PW STREET MAINT 204436 2/11/2021 020360 DE NOVO PLANNING GROUP CONSULTING SVCS:HOUSING ELEMENT UPDATE 204437 2/11/2021 015330 FAIR HOUSING COUNCIL, OF JAN CDBG SUB -RECIPIENT: FAIR RIVERSIDE COUNTY INC HOUSING SVC Amount Paid Check Total 10.00 10.00 279.96 279.96 30.00 30.00 320.51 320.51 1,183.00 1,183.00 70.00 70.00 34.84 48.10 191.66 56.94 314.87 17.68 52.52 432.63 101.14 34.84 1,285.22 3,480.00 3,480.00 956.20 956.20 43.50 43.50 107.58 107.58 1,650.00 1,650.00 2,052.45 2,052.45 Page3 apChkLst Final Check List Page: 4 02/11/2021 12:11:08PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204438 2/11/2021 021365 GEORGE HILLS COMPANY INC DEC CLAIMS RECOVERY SRVCS: RISK MGMT 204439 2/11/2021 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: BLDG & SAFETY INC 204440 2/11/2021 000186 HANKS HARDWARE INC HALOTRON FIRE EXTINGUISHER:MEDIA VAN 204441 2/11/2021 000520 HDL COREN AND CONE JAN-MAR PROP TAX CONSULTING: FINANCE 204442 2/11/2021 013749 HELIXSTORM INC VMWARE RENEWAL: INFO TECH 204443 2/11/2021 003198 HOME DEPOT MISC SUPPLIES: VARI FACILITIES MISC TOOLS: PW FACILITIES CIVIC CTR 204444 2/11/2021 022068 HOUGHTON, CHRIS REFUND: BUSINESS LICENSE PENALTY FEE 204445 2/11/2021 022056 IDETAIL SUPPLY CO ENGINE MAINT SUPPLIES - STA 12 204446 2/11/2021 020143 JOHNSON, GREGORY Equip & install/remove CAP vehicle: Tern THOMAS,JOHNSON EQUIPMENT COMPANY 204447 2/11/2021 021896 JP HANDMADE CORP, DBA PRINTING SVCS: BLDG & SAFETY MINUTEMAN PRESS 204448 2/11/2021 021370 MARK THOMAS AND COMPANY DSGN & ENVIRO SVCS: CONG INC RELIEF,PW19-02 204449 2/11/2021 021434 MATRIX TELECOM LLC DBA JAN 800 SERVICES: CIVIC CENTER LINGO 204450 2/11/2021 013443 MIDWEST TAPE LLC Books on Tape: Library- 204451 2/11/2021 000727 NATIONAL FIRE PROTECTION MEMBERSHIP RENEWAL: WIGLE, ASSN, LEADS ETC INC ELSA 204452 2/11/2021 021998 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS: PW INC PARKS 204453 2/11/2021 002734 P V P COMMUNICATIONS INC MOTOR HELMETS: PD TRAFFIC Amount Paid Check Total 6,297.83 6,297.83 70.00 70.00 266.44 266.44 5,754.38 5,754.38 19,129.78 19,129.78 460.18 428.85 889.03 15.00 15.00 178.96 178.96 2,216.23 2,216.23 52.85 52.85 61,682.00 61,682.00 69.57 69.57 333.32 333.32 1,575.00 1,575.00 399.41 399.41 110.00 110.00 Page:4 apChkLst 02/11/2021 12:11:08PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 204454 2/11/2021 022077 PEREZ, FRANK M REFUND: CITATION 348627 DISMISSAL 70.00 70.00 204455 2/11/2021 005075 PRUDENTIAL OVERALL JAN UNIFORM SRVCS: PW PARK 275.20 SUPPLY MAINT JAN FLOOR MATS/TOWEL RENTALS: FOi 38.80 JAN FLOOR MATS/TOWEL RENTALS: CIV 382.80 696.80 204456 2/11/2021 022064 RCA INVESTMENTS INC, LONG Repair & maint of motorcycle:tem sheriff 2,141.25 2,141.25 BEACH BMW MOTORCYCLE 204457 2/11/2021 000406 RIVERSIDE CO SHERIFFS 11/19-12/16 LAW ENFORCEMENT 2,345,890.55 2,345,890.55 DEPT 204458 2/11/2021 016778 ROW TRAFFIC SAFETY, INC. MISC GUARDRAIL/HARDWARE: PW 8,462.65 8,462.65 STREETS 204459 2/11/2021 021964 RUSSELL SIGLER INC, DBA MISC PARTS FOR HVAC UNITS: CIVIC 4.11 4.11 SIGLER WHOLESALE DIST CTR 204460 2/11/2021 021979 SAMAN ABU MANNEH, DBA TOWING SVCS: POLICE 800.00 800.00 DIAMOND VALLEY TOWING 204461 2/11/2021 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY: SAM HICKS 150.00 150.00 PRESTON PLAYGROUND 204462 2/11/2021 022078 SIMMONS, KATHY REFUND: VIOLATION 348847 70.00 70.00 DISMISSAL 204463 2/11/2021 000537 SO CALIF EDISON JAN 2-36-171-5626 VARIOUS 1,388.17 1,388.17 LOCATIONS 204464 2/11/2021 020545 SOCIAL WORK ACTION GROUP JAN HOMELESS OUTREACH SRVCS: 22,848.85 22,848.85 TCSD 204465 2/11/2021 014783 SOFTRESOURCES, LLC JAN ASSET MGMT CONSULT 185.00 185.00 SRVC:INFO TECH 204466 2/11/2021 000519 SOUTH COUNTY PEST JAN PEST CONTROL SRVCS: SPLASH 49.00 49.00 CONTROL INC PAD 204467 2/11/2021 017814 STC TRAFFIC INC NOV-DEC STIR LGHT PLN REVIEW & 200.00 200.00 INSPECTION 204468 2/11/2021 003599 T Y LIN INTERNATIONAL 10/24-12/31 SVCS:FV/1-15 PH 11, 16-01 115,979.78 115,979.78 204469 2/11/2021 016311 TIERCE, NICHOLAS DEC GRAPHIC DSGN SRVCS: 2,760.00 2,760.00 THEATER Page:5 apChkLst Final Check List Page: 6 02/11/2021 12:11:08PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204470 2/11/2021 022067 TRARES, RACHEL REFUND: RECORDS REQUEST PROCESSING FEE 204471 2/11/2021 004124 TRUELINE CONSTRUCTION COURT RESURFACING: MARGARITA AND, SURFACING INC PARK 204472 2/11/2021 007766 UNDERGROUND SERVICE JAN UNDRGRND UTILITY LOCATOR ALERT, OF SOUTHERN ALERTS: PW CALIFORNIA 204473 2/11/2021 010169 UNITED TOWING SERVICE INC TOWING SERVICES: TEM SHERIFF 204474 2/11/2021 007987 WALMART SUPPLIES: HUMAN SERVICES 204475 2/11/2021 022075 WEEKS, DONALD REFUND: CITATION 347504 DISMISSAL 204476 2/11/2021 008668 WES FLOWERS SUNSHINE FUND SUNSHINE FUND SUNSHINE FUND SUNSHINE FUND SUNSHINE FUND 204477 2/11/2021 003730 WEST COAST ARBORISTS INC 1/1-15/21 TREE MAINT: CITY R-O-WS 204478 2/11/2021 000339 WEST PUBLISHING JAN CLEAR SUBSCRIPTION: POLICE CORPORATION, DBA:THOMSON REUTERS 204479 2/11/2021 008402 WESTERN RIVERSIDE CO DEC'20 MSHCP PAYMENT REG, CONSERVATION AUTHORITY 204480 2/11/2021 021148 WEX BANK 1/6-2/5 FUEL USAGE: POLICE Amount Paid Check Total 20.00 20.00 13,900.00 13,900.00 161.80 161.80 iiI lis iM- fIf, 41.12 41.12 305.00 305.00 101.99 99.49 99.49 101.99 101.99 504.95 697.40 697.40 937.65 937.65 6,056.00 6,056.00 1,365.80 1,365.80 Grand total for UNION BANK: 2,983,869.95 Page6 apChkLst Final Check List Page: 7 02/11/2021 12:11:08PM CITY OF TEMECULA g0 checks in this report. Grand Total All Checks: 2,983,869.95 Page:? apChkLst Final Check List Page: 1 02/11/2021 12:12:29PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 204481 2/11/2021 014100 GODS FAN CLUB, DBA PROJECT TOUCH 204482 2/11/2021 000537 SO CALIF EDISON Description CDBG HOMELESS PREV: MALONEY SCE INSTALL: TRAF SGNL, PRK & RIDE,18-11 Amount Paid Check Total 1,305.00 1,305.00 8,435.43 8,435.43 Grand total for UNION BANK: 9,740.43 Page:1 apChkLst Final Check List Page: 2 02/11/2021 12:12:29PM CITY OF TEMECULA 2 checks in this report. Grand Total All Checks: 9,740.43 Paget apChkLst Final Check List Page: 1 02/16/2021 10:41:33AM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 500189 2/18/2021 013015 ALWAYS RELIABLE BACKFLOW, AKA NANETTE SEMAN 500190 2/18/2021 002187 ANIMAL FRIENDS OF THE VALLEYS 500191 2/18/2021 018408 BOB CALLAHAN'S POOL SERVICE 500192 2/18/2021 010650 CRAFTSMEN PLUMBING & HVAC INC 500193 2/18/2021 004192 DOWNS ENERGY FUEL Description BACKFLOW REPAIRS: MARGARITA MEDIANS BACKFLOW TESTS: VARIOUS MEDIANS BACKFLOW TESTS: VARIOUS LOCATION DEC ANIMAL CNTRL SVCS: TEMECULA NOV ANIMAL CNTRL SVCS: TEMECULA JAN POOL MAINT SVC: PW JAN FOUNTAIN MAINT SVC: PW FIRE SYSTEM SVC: VARIOUS LOCATIONS FUEL FOR CITY VEHICLES: TCSD 500194 2/18/2021 018098 ELITE CLAIMS MANAGEMENT JAN '21 3RD PARTY CLAIM ADMIN: INC WRKRS COM 500195 2/18/2021 001056 EXCEL LANDSCAPE INC IRRIGATION REPAIRS: PARKS IRRIGATION REPAIRS: VARIOUS PARKS IRRIGATION REPAIRS: VARIOUS SLOPE: IRRIGATION REPAIRS: VARIOUS SLOPE: LANDSCAPE IMPROVE: PALOMA DEL SC IRRIGATION REPAIRS: VARIOUS SLOPE: IRRIGATION PARTS: VAIL RANCH SLOPE IRRIGATION REPAIRS: VARIOUS SLOPE; Irrigation Repairs: Various Facilities IRRIGATION REPAIRS: VARIOUS LOCATI, IRRIGATION REPAIRS: VARIOUS LOCATI, IRRIGATION REPAIR: PARKS IRRIGATION REPAIRS: VARIOUS LOCATI, IRRIGATION REPAIRS: MEDIANS IRRIGATION REPAIRS: WOLF CREEK SL( ANTENNA POST: MARGARITA RD MEDIAI 500196 2/18/2021 000177 GLENNIES OFFICE PRODUCTS EMERGENCY SUPPLIES: COVID: PW INC EMERGENCY SUPPLIES: COVID: PW COVID19 SANITATION SUPPLIES: FINAN, MISC. OFC SUPPLIES -STA 84 500197 2/18/2021 012285 JOHNSTONE SUPPLY MISC SUPPLIES: CIVIC CTR 500198 2/18/2021 013827 MIKO MOUNTAINLION INC REPAIR/CLEAN: LONG CANYON SILT BASIN Amount Paid 1,186.00 162.00 135.00 10,000.00 10,000.00 1,100.00 950.00 2,700.00 400.08 1.250.00 2,145.29 1,948.37 1,902.35 1,667.31 1,414.00 1,280.81 1,205.00 1,203.78 1,073.49 948.54 940.72 779.84 695.54 662.94 351.18 170.00 521.13 130.17 65.20 16.20 37.28 8,550.00 Check Total 1,483.00 20,000.00 2,050.00 2,700.00 400.08 1,250.00 18,389.16 732.70 37.28 8,550.00 Page:1 apChkLst Final Check List Page: 2 02/16/2021 10:41:33AM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 500199 2/18/2021 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: TVE2 INC ELECTRICAL SUPPLIES: PARKS 500200 2/18/2021 020555 NEXTECH SYSTEMS INC FLASHING BEACONS & SPEED ADVISORY SIGNS 500201 2/18/2021 009746 SIGNS BY TOMORROW JAN SIGN POSTING PA19-0622: PLNG 500202 2/18/2021 000668 TIMMY D PRODUCTIONS INC DJ/MC/SOUND SET-UP:VIRT. ST PATRICKS 2/2 Amount Paid Check Total 87.41 10.40 929.28 213.75 3,500.00 Grand total for EFT UNION BANK: 97.81 929.28 213.75 3,500.00 60,333.06 Paget apChkLst Final Check List Page: 3 02/16/2021 10:41:33AM CITY OF TEMECULA 14 checks in this report. Grand Total All Checks: 60,333.06 Page:3 apChkLst Final Check List Page: 1 02/18/2021 2:10:31 PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 10476 2/8/2021 000537 SO CALIF EDISON 10477 2/8/2021 000537 SO CALIF EDISON 10478 2/8/2021 000537 SO CALIF EDISON 10479 2/8/2021 000537 SO CALIF EDISON 10480 2/8/2021 000537 SO CALIF EDISON 10481 2/8/2021 000537 SO CALIF EDISON 10482 2/8/2021 000537 SO CALIF EDISON 10483 2/8/2021 000537 SO CALIF EDISON 10484 2/8/2021 010276 TIME WARNER CABLE 10485 2/8/2021 000537 SO CALIF EDISON 10486 2/8/2021 000537 SO CALIF EDISON 10487 2/8/2021 010276 TIME WARNER CABLE 10488 2/8/2021 001212 SO CALIF GAS COMPANY 10489 2/8/2021 000537 SO CALIF EDISON 10490 2/8/2021 014486 VERIZON WIRELESS 10491 2/8/2021 000537 SO CALIF EDISON Description Amount Paid Check Total JAN 2-39-732-3171 41997 MARGARITA 12.74 12.74 RD JAN 2-29-953-8447 31738 WOLF 12.89 12.89 VALLEY RD JAN 2-29-657-2332 45538 REDWOOD 13.03 13.03 RD JAN 2-29-953-8249 46497 WOLF CREEK 15.58 15.58 DR JAN 2-29-953-8082 31523 WOLF 16.86 16.86 VALLEY RD !IL1►f%dil.'�AfElIl7lllliit�(.71E.y:UJ1'`� �:�'Y I:�%Y� JAN 2-41-812-6629 42061 MAIN ST 33.35 33.35 JAN 2-42-065-5359 27602 STANFORD 46.90 46.90 DR FEB INTERNET SVCS- STA 92 32211 194.34 194.34 WOLF JAN 2-35-403-6337 41375 MCCABE CT 249.75 249.75 JAN 2-35-664-9053 29119 MARGARITA 250.03 250.03 RD FEB INTERNET SVCS- 29119 341.18 341.18 MARGARITA RD JAN 095-167-7907-2 STA 84 30650 371.03 371.03 PAUBA JAN 2-30-220-8749 45850 N WOLF 397.03 397.03 CREEK 12/11-1/10 TASK FORCE TABLETS 464.66 464.66 POLICE JAN 2-29-223-8607 42035 2ND ST 580.37 580.37 Page:1 apChkLst Final Check List Page: 2 02/18/2021 2:10:31PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 10492 2/8/2021 000537 SO CALIF EDISON 10493 2/8/2021 010276 TIME WARNER CABLE 10494 2/8/2021 010276 TIME WARNER CABLE 10495 2/8/2021 000537 SO CALIF EDISON 10496 2/8/2021 000537 SO CALIF EDISON 10497 2/8/2021 000537 SO CALIF EDISON 10498 2/8/2021 000537 SO CALIF EDISON 10499 2/8/2021 001212 SO CALIF GAS COMPANY 10500 2/8/2021 000537 SO CALIF EDISON 10501 2/8/2021 000537 SO CALIF EDISON 10502 2/8/2021 010276 TIME WARNER CABLE 10503 2/9/2021 001212 SO CALIF GAS COMPANY 10504 2/9/2021 001212 SO CALIF GAS COMPANY 10505 2/9/2021 001212 SO CALIF GAS COMPANY 10506 2/9/2021 001212 SO CALIF GAS COMPANY 10507 2/9/2021 001212 SO CALIF GAS COMPANY 10508 2/9/2021 001212 SO CALIF GAS COMPANY (Continued) Description Amount Paid Check Total JAN 2-41-048-2012 30498 TEMECULA 598.71 598.71 PKWY FEB INTERNET SVCS- 30755 AULD RD 754.71 754.71 FEB INTERNET SVCS- 41973 6TH ST 754.71 754.71 JAN 2-25-393-4681 41951 MORAGA RD 787.15 787.15 JAN 2-29-295-3510 STA 92 32211 WOLF 812.13 812.13 JAN 2-31-404-6020 28771 OLD TOWN 1,218.28 1,218.28 FRONT JAN 2-00-397-5067 40499 CALLE 1,219.08 1,219.08 MEDUSA JAN 125-244-2108-3 30600 PAUBA RD 1,236.46 1,236.46 JAN 2-30-520-4414 32781 TEMECULA 2,503.38 2,503.38 PKWY JAN 2-31-536-3226 28690 MERCEDES 2,622.58 2,622.58 ST FEB INTERNET SVCS- 41000 MAIN ST 3,457.97 3,457.97 JAN 028-025-1468-3 41375 MCCABE CT 21.85 21.85 JAN 060-293-3315-7 28922 PUJOL ST 52.56 52.56 JAN 133-040-7373-0 43210 BUS PARK 58.14 58.14 DR JAN 101-525-0950-0 28816 PUJOL ST 190.75 190.75 JAN 181-383-8881-6 28314 MERCEDES 239.60 239.60 ST JAN 129-582-9784-3 43230 BUS PARK 247.97 247.97 DR Paget apChkLst Final Check List Page: 3 02/18/2021 2:10:31PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 10509 2/9/2021 001212 SO CALIF GAS COMPANY 10510 2/9/2021 001212 SO CALIF GAS COMPANY 10511 2/9/2021 001212 SO CALIF GAS COMPANY 10512 2/9/2021 001212 SO CALIF GAS COMPANY 10513 2/9/2021 001212 SO CALIF GAS COMPANY 10514 2/9/2021 001212 SO CALIF GAS COMPANY 10515 2/9/2021 000537 SO CALIF EDISON 10516 2/9/2021 014486 VERIZON WIRELESS 10517 2/10/2021 018858 FRONTIER CALIFORNIA INC 10521 2/12/2021 000262 RANCHO CALIF WATER DISTRICT 10522 2/12/2021 001212 SO CALIF GAS COMPANY 10523 2/12/2021 000537 SO CALIF EDISON 10524 2/12/2021 000537 SO CALIF EDISON 10525 2/12/2021 000537 SO CALIF EDISON 10526 2/12/2021 001212 SO CALIF GAS COMPANY 10527 2/12/2021 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total JAN 196-025-0344-3 42081 MAIN ST 250.09 250.09 JAN 026-671-2909-8 42051 MAIN ST 415.67 415.67 JAN 101-525-1560-6 OTA27415 422.28 422.28 ENTERPRISE JAN 021-725-0775-4 41845 6TH ST 504.70 504.70 JAN 129-535-4236-7 41000 MAIN ST 3,552.48 3,552.48 JAN 091-024-9300-5 30875 RANCHO 4,728.01 4,728.01 VISTA RD JAN 2-28-629-0507 30600 PAUBA RD 6,088.26 6,088.26 12/16-1/15 9,332.43 9,332.43 CELLULAR/BROADBAND:CITYWIDE FEB INTERNET SVCS- THEATRE 150.98 150.98 VARI JAN WATER 3004755 41000 MAIN 25,796.93 25,796.93 ST JAN 098-255-9828-8 29119 MARGARITA 25.26 25.26 RD JAN 2-31-936-3511 46488 PECHANGA 26.06 26.06 PKWY JAN 2-40-380-2424 40750 BUTTERFIELD 103.95 103.95 STG JAN 2-29-657-2563 42902 BUTTERFIELD 104.27 104.27 STG JAN 117-188-6393-6 STA 95 32131 S 271.65 271.65 LOOP JAN 2-27-560-0625 32380 DEER 1,985.86 1,985.86 HOLLOW WAY Page:3 apChkLst Final Check List Page: 4 02/18/2021 2:10:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 10528 2/9/2021 006887 UNION BANK OF CALIFORNIA 021453 SACRAMENTO BEE RO SUBSCRIPTION: ONLINE DIGITAL SUBSCRIP 10530 2/9/2021 006887 UNION BANK OF CALIFORNIA 020792 CANVA.COM GB ANN'L MBRSHP SUBSCR: ECO DEV 013338 APPLE STORE GB ADD'L PHONE STORAGE: BORUNDA,B. 10531 2/9/2021 006887 UNION BANK OF CALIFORNIA 000175 GOVERNMENT FINANCE JH WEBINAR: BUDGETAWARD OFFICERS, ASSOCIATION, CRITERIA: JH GFOA 000175 GOVERNMENT FINANCE JH LITERATURE: COUNCILMEMBERS OFFICERS, ASSOCIATION, GFOA 000175 GOVERNMENT FINANCE JH WEBINAR: BUDGETAWARD OFFICERS, ASSOCIATION, CRITERIA: TH GFOA 006952 PAYPAL JH VERISIGN PAYFLOW PRO TRANSACTION 000154 C S M F O JH MEMBERSHIP RENEWAL: HENNESSY 10532 2/9/2021 006887 UNION BANK OF CALIFORNIA 000154 C S M F O IG ADVERTISING: MGMT ANALYST JOB POST 10534 2/9/2021 006887 UNION BANK OF CALIFORNIA 022171 GALLUP STORE KH VIRTUAL WORKSHOP: COURTS, T. 012085 ISTOCK INT'L INC. KH SUBSCRIPTION: PROMO IMAGES: TCSD 006952 PAYPAL KH VERISIGN PAYFLOW PRO TRANSACTION 10537 2/16/2021 010276 TIME WARNER CABLE FEB INTERNET SVCS- 40820 WINCHESTER RD 10538 2/16/2021 000537 SO CALIF EDISON JAN 2-39-043-8521 29028 OLD TOWN FRONT 10539 2/16/2021 000537 SO CALIF EDISON JAN 2-36-122-7820 31777 DE PORTOLA RD 10540 2/16/2021 000537 SO CALIF EDISON JAN 2-30-066-2889 30051 RANCHO VISTA RD 10541 2/16/2021 000537 SO CALIF EDISON JAN 2-25-350-5119 45602 REDHAWK PKWY Amount Paid Check Total 12.99 12.99 119.40 0.99 120.39 35.00 63.63 35.00 25.40 110.00 269.03 275.00 275.00 139.93 120.00 60.30 320.23 5.32 5.32 11.72 11.72 12.60 12.60 12.82 12.82 15.88 15.88 Page:4 apChkLst Final Check List Page: 5 02/18/2021 2:10:31PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 10542 2/16/2021 000537 SO CALIF EDISON 10543 2/16/2021 000537 SO CALIF EDISON 10544 2/16/2021 000537 SO CALIF EDISON 10545 2/16/2021 000537 SO CALIF EDISON 10546 2/16/2021 000537 SO CALIF EDISON 10547 2/16/2021 000537 SO CALIF EDISON 10548 2/16/2021 000537 SO CALIF EDISON 10549 2/16/2021 000537 SO CALIF EDISON 10550 2/16/2021 000537 SO CALIF EDISON 10551 2/16/2021 010276 TIME WARNER CABLE 10552 2/16/2021 000537 SO CALIF EDISON 10553 2/16/2021 000537 SO CALIF EDISON 10554 2/16/2021 000537 SO CALIF EDISON 10555 2/18/2021 010349 CALIF DEPT OF CHILD SUPPORT 10556 2/18/2021 021301 1 C M A RETIREMENT -PLAN 106474 10557 2/18/2021 000194 I C M A RETIREMENT -PLAN 303355 10558 2/18/2021 000444 INSTATAX (EDD) (Continued) Description Amount Paid Check Total JAN 2-31-031-2590 28301 RANCHO CAL 30.10 30.10 RD JAN 2-40-765-3021 28916 PUJOL ST 43.52 43.52 JAN 2-40-765-3179 28922 PUJOL ST 88.58 88.58 JAN 2-41-394-3267 46899 REDHAWK 110.24 110.24 PKWY JAN 2-29-479-2981 31454 TEMECULA 122.97 122.97 PKWY JAN 2-36-531-7916 44205 MAIN ST 141.22 141.22 JAN 2-29-458-7548 32000 RANCHO CAL 164.47 164.47 RD JAN 2-10-331-2153 28816 PUJOL ST 366.71 366.71 JAN 2-20-798-3248 42081 MAIN ST 582.56 582.56 FEB INTERNET SVCS- 41000 MAIN ST 1,146.26 1,146.26 JAN 2-27-805-3194 42051 MAIN ST 2,167.89 2,167.89 JAN 2-02-351-5281 30875 RANCHO 3,756.32 3,756.32 VISTA RD JAN 2-05-791-8807 31587 TEMECULA 9,425.98 9,425.98 PKWY SUPPORT PAYMENT 899.07 899.07 ICMA- 401(A) RETIREMENT PLAN 1,134.62 1,134.62 PAYMENT ICMA-RC RETIREMENT TRUST 457 13,719.41 13,719.41 PAYMENT STATE TAXES PAYMENT 25,499.29 25,499.29 Paget apChkLst Final Check List Page: 6 02/18/2021 2:10:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 10559 2/18/2021 000283 INSTATAX (IRS) FEDERAL TAXES PAYMENT 10560 2/18/2021 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 10561 2/18/2021 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT SOLUTION PAYMENT 10562 2/18/2021 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT SOLUTION PAYMENT 10563 2/18/2021 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT RETIREMENT) 10564 1/11/2021 006887 UNION BANK OF CALIFORNIA 006937 SOUTHWEST AIRLINES IG AIRFARE REFUND: TYLER CONF: CAMERON 006937 SOUTHWEST AIRLINES IG AIRFARE REFUND: TYLER CONF: VONRICHTE 019506 EVERNOTE CORPORATION IG SUBSCRIPTION RENEWAL: GARIBAY, I. 015534 GOVERNMENT JOBS.COM INC, IG ADVERTISING: RISK MGMT DBA NEOGOV ANALYST JOB 015534 GOVERNMENT JOBS.COM INC, IG ADVERTISING: ASSOC ENG JOB DBA NEOGOV POSTING 015534 GOVERNMENT JOBS.COM INC, IG ADVERTISING: EMERGENCY MGMT DBA NEOGOV JOB 007836 THINGS REMEMBERED IG ENGRAVED COFFEE MUGS: EOQ 020497 YOURMEMBERSHIRCOM IG ADVERTISING: EMERGENCY MGR RECRUIT 020792 CANVA.COM IG MEMBERSHIP RENEWAL: HR STAFF 004905 LIEBERT, CASSIDYAND IG WEBINAR: COVID LEGISLATIVE WHITMORE UPDATE 204483 2/18/2021 001517 AETNA BEHAVIORAL HEALTH MAR EMPLOYEE ASSISTANCE PRGM: LLC, DBA AETNA RESOURCES HR 204484 2/18/2021 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES: PW STREET MAINT 204485 2/18/2021 013015 ALWAYS RELIABLE BACKFLOW REPAIRS: CHILDRENS BACKFLOW, AKA NANETTE MUSEUM SEMAN BACKFLOW REPAIRS: VARIOUS PARKS Amount Paid Check Total 84,747.84 84,747.84 11,870.21 11,870.21 344.39 344.39 1,496.94 1,496.94 111,664.69 111,664.69 -418.97 -418.97 69.99 119.00 199.00 199.00 3,855.18 350.00 119.40 75.00 4,148.63 1,029.60 1,029.60 504.24 504.24 87.00 1,276.00 1,363.00 Page6 apChkLst Final Check List Page: 7 02/18/2021 2:10:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204486 2/18/2021 007282 AMAZON CAPITAL SERVICES MISC OFC SUPPLIES: CRC INC BOOKS RHRTPL: LIBRARY BOOKS RHRTPL: LIBRARY SUPPLIES: SPECIAL EVENTS BOOKS RHRTPL: LIBRARY 204487 2/18/2021 004240 AMERICAN FORENSIC NURSES DRUG/ALCOHOL ANALYSIS: POLICE AFN 204488 2/18/2021 004623 AQUA SOURCE INC Pool Test Reagents: Aquatics 204489 2/18/2021 021400 AYERS ELECTRIC INC REPAIR BATHROOM LIGHTING: CIVIC CTR ELECTRIC WORK: CRC SHADE STRUCTI 204490 2/18/2021 017149 B G P RECREATION INC TCSD INSTRUCTOR EARNINGS 204491 2/18/2021 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY 204492 2/18/2021 003138 CAL MAT, DBA VULCAN ASPHALT SUPPLIES: PW STREET MATERIALS CO MAINT ASPHALT SUPPLIES: PW STREET MAINT ASPHALT SUPPLIES: PW STREET MAINT ASPHALT SUPPLIES: PW STREET MAINT 204493 2/18/2021 000484 CALIF ASSN FOR LOCAL MEMBERSHIP RENEWAL: DAMKO, C. ECONOMIC, DEVELOPMENT MEMBERSHIP RENEWAL: WALKER, C. 204494 2/18/2021 000924 CALIF ASSOC PUBLIC MEMBERSHIP RENEWAL: VOLLMUTH, PROCUREMENT, OFFICIALS M. (CAPPO) 204495 2/18/2021 013265 CALIF BUILDING, STANDARDS 4TH QTR PAYMENT OF SB1473 2020 COMMISSION 204496 2/18/2021 000638 CALIF DEPT OF 2020 4TH QTR PMT: STRONG MOTION CONSERVATION 204497 2/18/2021 004248 CALIF DEPT OF JAN BLOOD &ALCOHOL ANALYSIS: PD JUSTICE-ACCTING 204498 2/18/2021 009640 CERTIFION CORP DBA JAN ONLINE DATABASE SUBSCR: ENTERSECT POLICE 204499 2/18/2021 005417 CINTAS PROTECTION NO 2, FIRE EXTINGUISHER INSPECTIONS: CINTAS FIRE 636525 FOC Amount Paid Check Total 100.33 283.49 9.12 118.10 75.64 586.68 701.40 701.40 927.75 927.75 150.00 2,400.00 2,550.00 1,108.80 1,108.80 11.54 33.92 20.98 66.44 285.81 1,097.70 516.48 525.82 2,425.81 853.70 100.00 953.70 130.00 130.00 1,070.00 1,070.00 3,581.76 3,581.76 595.00 595.00 200.00 200.00 13.26 13.26 Page:? apChkLst 02/18/2021 2:10:31PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 204500 2/18/2021 014521 COSTAR REALTY FEB WEB SUBSCRIPTION: ECO DEV 720.00 720.00 INFORMATION INC 204501 2/18/2021 001264 COSTCO TEMECULA 491 AGENCY MEMBERSHIP RENEWAL 180.00 180.00 204502 2/18/2021 002990 DAVID TURCH AND JAN FEDERAL LOBBYING SVCS: CITY 5,500.00 5,500.00 ASSOCIATES MGR 204503 2/18/2021 012217 DUDEK URBAN FOREST MGMT PLAN & 1,720.00 1,720.00 INVENTORY 204504 2/18/2021 010804 FEHR AND PEERS JAN CEQA TRAFFIC ANALYSIS 1,673.78 UPDATE-VMT CEQA Traffic Analysis Update - VMT 10,208.66 11,882.44 204505 2/18/2021 020885 FIRST -CITIZENS BANK & search warrant processing: Tern Sheriff 35.83 35.83 TRUST CO 204506 2/18/2021 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 100.00 100.00 204507 2/18/2021 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING & SUPPLIES: -248.96 THEATER SOUND/LIGHTING & SUPPLIES: THEATEI -248.96 SOUND/LIGHTING & MISC SUPPLIES:THI 248.96 SOUND/LIGHTING & SUPPLIES: THEATEI 19.73 SOUND/LIGHTING & MISC SUPPLIES: TH 229.35 0.12 204508 2/18/2021 016184 FUN EXPRESS LLC, VARIOUS SUPPLIES: SPECIAL EVENTS 344.43 344.43 SUBSIDIARY OF ORIENTAL TR 204509 2/18/2021 022053 GRAEF, ANITA THEATER PERFORMANCE 02/20/21 700.00 700.00 204510 2/18/2021 020849 IN THE MIX SOUND LLC MISC STAGE SUPPLIES: THEATER 1,207.50 MISC STAGE SUPPLIES: THEATER 525.00 1,732.50 204511 2/18/2021 001091 KEYSER MARSTON JAN ON CALL CONSULTANT SVCS: 2,893.75 2,893.75 ASSOCIATES INC PLANNING 204512 2/18/2021 021414 KNOTTY TIE CO PROMOTIONAIL ITEMS:GIFT SHOP: 1,196.81 1,196.81 TVM 204513 2/18/2021 004905 LIEBERT, CASSIDYAND REGIST: FLSACLASS: 1,200.00 1,200.00 WHITMORE OBMANN/HUGHES 204514 2/18/2021 013650 MAMCO INC DBAALABBASI RET REL: BTRFLD STG RD,PW15-11 PH III 341,666.51 341,666.51 Pages apChkLst Final Check List Page: 9 02/18/2021 2:10:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204515 2/18/2021 005690 MICHELLE'S PLACE WOMENS FY 20/21 COMMUNITY SRVC FUNDING BREAST, CANCER RESOURCE CENTER 204516 2/18/2021 013443 MIDWEST TAPE LLC BOOKS ON TAPE: LIBRARY 204517 2/18/2021 000845 NATIONAL LEAGUE OF CITIES 3/1/21-2/28/22 AGENCY MBRSHP DUES 204518 2/18/2021 001323 NESTLE WATERS NORTH 1/11-2/10 WTR DLVRY SVCS: FOC AMERICA, DBA READYREFRESH 204519 2/18/2021 021998 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS: PW INC STREETS CITY VEHICLE MAINT SVCS: PW PARKS CITY VEHICLE MAINT SVCS: PW PARKS 204520 2/18/2021 021998 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS: POLICE INC 204521 2/18/2021 018461 PACIFIC PRODUCTS & MISC SIGN SUPPLIES: PW STREET SERVICE LLC MAINT 204522 2/18/2021 020544 PARKHOUSE TIRE SERVICE TIRE SERVICE: PW STREET MAINT INC TIRE SERVICE: PW STREET MAINT 204523 2/18/2021 021858 PLACEWORKS INC, DBA JAN CONSULTING SRVCS: PLANNING PLACEWORKS DEC CONSULTING SRVCS: PLANNING NOV CONSULTING SRVCS: PLANNING 204524 2/18/2021 020244 PLAYCORE WISCONSIN INC, PLAYGROUND EQUIP: STEPHEN LINEN DBA GAMETIME JR PK 204525 2/18/2021 000253 POSTMASTER EXPRESS MAIL & POSTAL SVCS: FINANCE 204526 2/18/2021 014379 PROFESSIONAL IMAGE COUNCIL MEMBER ACRYLIC TILES: ADVERTISING, DBA EXTREME CITY MGR SIGNSGRAPHICS 204527 2/18/2021 020127 QUINN COMPANY GENERATOR MAINT SRVCS: LIBRARY 204528 2/18/2021 014494 RAND R CONTROLS, INC BOILER CTRL SYS REPAIR: CIVIC CENTER 204529 2/18/2021 020429 REMOTE SATELLITE SYSTEMS JAN '21 SAT PH AIRTIME/MAR FEE: INTL EOC Amount Paid Check Total 5,000.00 5,000.00 181.88 181.88 9,176.00 9,176.00 97.99 97.99 111.05 79.81 1,425.70 1,616.56 60.24 60.24 9,084.98 9,084.98 1,688.04 218.95 1,906.99 9,005.00 4,680.00 8,940.00 22,625.00 19,288.76 19,288.76 68.25 68.25 60.00 60.00 247.00 247.00 4,485.00 4,485.00 280.00 280.00 Page9 apChkLst Final Check List Page: 10 02/18/2021 2:10:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204530 2/18/2021 021863 RESCUE TECH 1 INC EMERGENCY SUPPLIES: COVID-19 204531 2/18/2021 017446 ROSE AGAIN FOUNDATION FY20/21 COMMUNITY SRVC FUNDING 204532 2/18/2021 000278 SAN DIEGO UNION -TRIBUNE JAN PUBLIC NTCS: CITY CLERK 204533 2/18/2021 000519 SOUTH COUNTY PEST FEB PEST CTRL SRVCS: PBSP CONTROL INC EMERG PEST CTRL SRVCS: WOLF CRK JAN PEST CONTROL SRVCS: CITY FACS PEST CONTROL SRVCS: CAMPOS VERD BEE REMOVAL SRVC: AVONDALE SLOPE EMERG PEST CTRL SRVCS: VILLAGES S 204534 2/18/2021 008337 STAPLES BUSINESS CREDIT OFFICE SUPPLIES: PD OTSF OFFICE SUPPLIES: PD OTSF 204535 2/18/2021 006145 STENO SOLUTIONS JAN TRANSCIPTION SRVCS: POLICE TRANSCRIPTION, SRVCS INC 204536 2/18/2021 012789 STUART, JENNIFER SARAH TCSD INSTRUCTOR EARNINGS 204537 2/18/2021 017415 THYSSENKRUPP ELEVATOR ELEVATOR MAINT SRVC: CIVIC CORP CENTER 204538 2/18/2021 010046 TV CONVENTION &VISITORS DEC'20 BUS. IMPRV DISTRICT BUREAU, DBAVISIT TEMECULA ASMNTS VALLEY 204539 2/18/2021 020843 TVEYES INC 3/1/21-2/28/22 MEDIA MONITOR SUBSCR 204540 2/18/2021 002702 U S POSTAL SERVICE JAN '21 POSTAGE METER DEPOSIT 204541 2/18/2021 021019 US NATIONAL CORP ANTI -GRAFFITI COATING: BTRFLD STG PH.III 204542 2/18/2021 014848 VALUTEC CARD SOLUTIONS JAN TICKETING SRVCS: THEATER LLC 204543 2/18/2021 022075 WEEKS, DONALD REFUND: CITATION 347504 DISMISSAL 204544 2/18/2021 003730 WEST COAST ARBORISTS INC 1/1-15 TREE MAINT: PARKS & MEDIANS 1/1-15 TREE MAINT: WOODCREST SLOPI 1/1-15 TREE MAINT: SIGNET SERIES SLC Amount Paid Check Total 5,693.75 5,693.75 5,000.00 5,000.00 371.19 371.19 70.00 49.00 971.00 188.00 94.00 94.00 1,466.00 77.89 77.89 155.78 199.26 199.26 3,577.24 3,577.24 689.00 689.00 85,258.42 85,258.42 1,500.00 1,500.00 2,099.21 2,099.21 8,890.00 8,890.00 63.95 63.95 25.00 25.00 393.30 3,504.60 389.40 4,287.30 Page:10 apChkLst Final Check List Page: 11 02/18/2021 2:10:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204545 2/18/2021 000820 WINCHAK KRIS R, DBA K R W & JAN ENG PLN CK-REVIEW: PW LID ASSOCIATES 1002071 2/9/2021 022072 MORA, YESENIA REFUND: DUPLICATE PLAN CHECK PAYMENT 1002072 2/9/2021 022069 CULPEPPER, THERESA REFUND: DUPLICATE BUS LICENSE PAYMENT 1002073 2/9/2021 022070 RATTRAY, BEVERLY REFUND: DUPLICATE BUS LICENSE PAYMENT 1002074 2/9/2021 022071 LOMBARDO, ROBERT REFUND: DUPLICATE BUS LICENSE PAYMENT Amount Paid Check Total 9,170.00 9,170.00 209.50 209.50 39.00 39.00 39.00 39.00 39.00 39.00 Grand total for UNION BANK: 938,922.54 Page:11 apChkLst Final Check List Page: 12 02/18/2021 2:10:31PM CITY OF TEMECULA 149 checks in this report. Grand Total All Checks: 938,922.54 Page:12 apChkLst Final Check List Page: 1 02/18/2021 2:11:48PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description 204546 2/18/2021 000249 PETTY CASH PETTY CASH REIMBURSEMENT 204547 2/18/2021 021602 PUBLIC RESTROOM COMPANY, JAN DSGN, FAB, INSTALL: RRSP THE RSTRM,PW18 204548 2/18/2021 020181 RANCHO COMMUNITY FY20/21 COMMUNITY SRVC FUNDING REFORM CHURCH 204549 2/18/2021 005329 SAFE ALTERNATIVES FOR FY20/21 COMMUNITY SRVC FUNDING EVERYONE Amount Paid Check Total 775.05 169,271.00 5,000.00 5,000.00 Grand total for UNION BANK: 775.05 169,271.00 5,000.00 5,000.00 180,046.05 Page:1 apChkLst Final Check List Page: 2 02/18/2021 2:11:48PM CITY OF TEMECULA 4 checks in this report. Grand Total All Checks: 180,046.05 Paget Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: March 9, 2021 SUBJECT: Accept the Donation of Vehicles for the Police Volunteer Program RECOMMENDATION: That the City Council authorize the City Manager to accept the donation of two vehicles to be utilized by the Police Department's Community Action Patrol volunteers and waive the condition of the Corporate Sponsorship Policy requiring that 50% of any and all funds collected under this policy be allocated to the City's Community Service Funding account for allocation to local non-profit organizations. BACKGROUND: In December 2020, the Police Department inquired with Paradise Chevrolet Cadillac about the possibility of donating two trucks to the Police Department to be utilized by the Community Action Patrol volunteers, to replace the existing three Ford Escapes currently in use. Pick-up trucks will provide increased utility to the volunteers, who often assist with the set-up of barricades after vehicle collisions. The proposed donation arrangement would include the trade-in of the City's three 2007 Ford Escapes to Paradise Chevrolet Cadillac in exchange for receiving two 2021 Chevy Colorado V6 Quad Cab pick-up trucks, which the City would obtain ownership after a five-year period. The donated vehicles will be white in color with a small logo indicating the donation by Paradise Chevrolet Cadillac. The specifications of the donation would be outlined in a Letter Agreement, upon the conceptual approval by the City Council tonight. In 2013, the City Council adopted the Corporate Sponsorship Policy, which allows for the business community to help enable the continuation and/or possible expansion of City services provided to the community. As part of the Council's approval of the policy, a condition was added that requires half of all funds collected be allocated to the City's Community Service Funding program for allocation to local non-profit organizations. In order to accept the donation of the trucks from Paradise Chevrolet Cadillac, staff is requesting the Council waive this provision of the Corporate Sponsorship Policy. FISCAL IMPACT: There is no fiscal impact associated with the acceptance of the vehicle donation, outside of the normal insurance and liability coverage already included in the Annual Operating Budget. ATTACHMENTS: 1. Corporate Sponsorship Policy 2. City Council Action Minutes of the November 26, 2013 meeting Approvals City Attorney Finance Director �2 City Manager (sJ� CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Community Services Director DATE: November 26, 2013 SUBJECT: Corporate Sponsorship Draft Policy (at the request of Finance Committee Members Mike Naggar and Chuck Washington) PREPARED BY: Roberto Cardenas, Fiscal Services Manager RECOMMENDATION: Approve the Corporate Sponsorship Program in substantial form and authorize the City Manager to make administrative modifications as necessary. BACKGROUND: Amid challenging economic times, it is important for local government to collaborate with businesses to allow those businesses to support services offered to the community. The City of Temecula's proposed Corporate Sponsorship Program offers a variety of ways for businesses to achieve this while simultaneously reaching their business goals. The assistance of corporate sponsorships enables the continuation (and possible expansion) of service opportunities in the City. On March 12, August 13, and November 12 of 2013 staff met with the Finance Committee to propose, discuss, and enhance the Corporate Sponsorship Program. Thereby, the policy adopted in the Corporate Sponsorship Program lays the foundational principles that corporate sponsors must abide by if they wish to participate in the program. More specifically, it is the policy of the City of Temecula that: § Corporate sponsorships support the City's Mission Statement; § Corporate sponsorships advance the Six Core Values identified in the City's Quality of Life Master Plan (QLMP); § Corporate sponsorship agreements (and agreements where City contractors solicit corporate sponsorships) exist in accordance with guidelines and procedures set forth in this policy; § Corporate sponsorships do not result in any loss of City administrative rights, jurisdiction or authority; § The City provide sponsors with suitable acknowledgement of their contributions; § City does not knowingly compete for corporate sponsorship funds typically earmarked to support existing services and/or programs provided by local non-profit organizations; In appreciation of sponsorship support, the program provides sponsors with suitable acknowledgement of their contributions. Although sponsorship support does not have a monetary limit, all sponsors will receive special recognition based on the level of support, for example: RECOGNITION EXAMPLE LEVEL AMOUNT RECOGNITION Basic In -kind to § Sponsor name will be listed on website under sponsors tab. $100 The above, plus: Bronze $101 to Sponsor name and logo will be listed on a sign posted at an $500 activity area, and remain throughout the duration of the event. All of the above, plus: Silver $501 to Sponsor's name or logo will appear on Sponsor provided $1,000 "walk-aways" (e.g. pens, bracelets, key chains, etc.) distributed at an event. All of the above, plus: Gold $1,001 to § Sponsor name will be listed in all press releases and logo will $5,000 be displayed on publications, posters, website, and other marketing material (as applicable). § Ability to use City property for product sampling. All of the above, plus: Platinum $5,001 § Title sponsorship of the event (if applicable). and above § Designation as the "official," exclusive, or preferred community partner. § Sponsor recognition on the radio. On Tuesday, November 12, 2013, the Finance Committee recommended the item be forwarded to Council for consideration. The Finance Committee also discussed various means and methods of securing Corporate Sponsorships including: 1) creating a new staff position to seek out and secure sponsorships, 2) a cooperative/collaborative effort between existing City Staff and the Convention and Visitors Bureau and 3) entering into a contractual arrangement with a professional sponsorship lobbyist. The City Attorney has opined that the government code prohibits a local agency from establishing a position that would be self -funded using proceeds of sponsorships. Given the economic climate and the City's desire to collaborate with businesses to allow those businesses to support services offered to the community, staff recommends that the City approve the Corporate Sponsorship Program. FISCAL IMPACT: Staff anticipates revenue generated from the Corporate Sponsorship Program will offset costs for services and/or programs offered to the community. Proceeds from this program will be deposited in the General Fund and will be used to reduce the annual General Fund contribution to TCSD activities. ATTACHMENTS: City of Temecula Corporate Sponsorship Program City of Temecula Corporate Sponsorship Program 1 Introduction Amid challenging economic times, it is important for local government to collaborate with businesses to allow those businesses to support services offered to the community. The City of Temecula's Corporate Sponsorship Program (CSP) offers a variety of ways for businesses to achieve this while simultaneously reaching their business goals. The assistance of corporate sponsorships enables the continuation (and possible expansion) of service opportunities in the City. Purpose The City welcomes CSP opportunities that enhance the City's ability to deliver services as long as the services and products are consistent with (and appropriate to) the City's Mission Statement. Therefore, the CSP policy is established to: ■ Outline the guidelines and procedures for entering into corporate sponsorship agreements; ■ Assist potential sponsors to understand the opportunities and constraints of corporate sponsorships; ■ Recognize that corporate sponsorships provide an effective means of generating new revenues and alternative resources to support the City's facilities and programs. Policy The policy adopted in the CSP lays the foundational principles that corporate sponsors must abide by if they wish to participate in the program. It is the policy of the City of Temecula that: ■ Corporate sponsorships support the City's Mission Statement; ■ Corporate sponsorships advance the Six Core Values identified in the City's Quality of Life Master Plan (QLMP); ■ Corporate sponsorship agreements (and agreements where City contractors solicit corporate sponsorships) exist in accordance with guidelines and procedures set forth in this policy; ■ Corporate sponsorships do not result in any loss of City administrative rights, jurisdiction or authority; ■ The City provide sponsors with suitable acknowledgement of their contributions; ■ City does not knowingly compete for corporate sponsorship funds typically earmarked to support existing services and/or programs provided by local non-profit organizations; This policy applies to: ■ All relationships between the City and businesses, organizations, and individuals that contribute either financially or in -kind to City hosted events, City sponsored events, special events (including live performances, concerts, and programs), community projects, services, or facilities in return for recognition, public acknowledgement, or other promotional considerations, including paid advertising on City property, at City events, and in City publications. 2 Exclusions to Corporate Sponsorship Policy: This policy does not apply to: ■ Gifts, grants or unsolicited donations in which no benefits are granted to the corporation and where no business relationship exists; ■ Sponsorships determined through a good faith effort to be unique and without interested competitors. Definitions: ■ Advertising - Advertising is signage or personal collateral created by the corporate entity (usually placed in designated areas) to promote a product or service; ■ Corporate — Any individual, group, for -profit, or not -for -profit entity interested in sponsoring the City (either in -kind or direct funding); ■ Corporate Sponsorship - Corporate Sponsorship is defined as local government collaborating with businesses (corporate) to support services offered by the local government to the community (while simultaneously achieving each sponsor's business goals). ■ Gift/Grant/Unsolicited Donation - A gift, grant, or unsolicited donation (GGU) is freely given goods, cash, or real property to the City, with no expectation of a return. GGUs may be designated for a specific purpose or may be general in nature. Recognition, if any, is determined by the City; ■ Mission Statement: The mission of the City of Temecula is to maintain a safe, secure, clean, healthy, and orderly community; to balance the utilization of open space, parks, trail facilities, quality jobs, public transportation, diverse housing, and adequate infrastructure; and to enhance and revitalize historic areas. The City will encourage programs for all age groups, utilize its human resources, and preserve its natural resources while stimulating technology, promoting commerce, and utilizing sound fiscal policy. It is the City Council's resolve that this mission will instill a sense of pride and accomplishment in its citizens and that the City will be known as a progressive, innovative, balanced, and environmentally sensitive community. ■ Naming Rights Sponsorship - Naming rights are a financial transaction and form of advertising whereby a corporation or other entity purchases the right to name a facility, event, or component of an event, typically for a defined period of time. ■ Quality of Life Master Plan Six Core Values: ■ Healthy and Livable Community ■ Economic Prosperity ■ A Safe and Prepared Community ■ Transportation Mobility and Connectivity ■ A Sustainable City ■ Accountable and Responsible City Government Criteria Sponsorship Consideration: Sponsorship of funds or in -kind services (e.g. contributions of staff, equipment, services, booth participation, bottled water, promotional items, etc.) will be considered for City hosted events, City sponsored events, special events (including live 3 performances, concerts, and programs), community projects, services, or facilities designed to accomplish all of the following goals and objectives: 1. Adhere to the City's Mission Statement; 2. Promote the City as a desirable place to live, visit, do business and/or bring tourism - associated revenue to the City; 3. Advance the Six Core Values identified in the City's Quality of Life Master Plan (QLMP) to enhance the well-being of the residents; 4. Promote a family -friendly environment. Restrictions on Sponsorship In general, the following industries and products are not eligible for corporate sponsorship with the City of Temecula: 1. Religious and political organizations; 2. Parties who are currently involved in a law suit adverse to the City; 3. Parties involved in any stage of negotiations for a City contract unless contract is directly linked to a corporate sponsorship opportunity; 4. Parties that engage in uses or activities prohibited by the Municipal Code. 5. Businesses that create a conflict of interest for the City. CSP Levels of Support In appreciation of sponsorship support, it is the City's policy to provide sponsors with suitable acknowledgement of their contributions. Sponsorship support does not have a monetary limit. All sponsors will receive special recognition based on the level of support (designated by the department director). A suggested example is shown below: LEVEL AMOUNT RECOGNITION EXAMPLES _ Basic In -kind to ■ Sponsor name will be listed on website under sponsors tab. $100 The above, plus: _ Bronze $101 to Sponsor name and logo will be listed on a sign posted at an activity area, $500 and remain throughout the duration of the event. All of the above, plus: Silver $501 to Sponsor's name or logo will appear on Sponsor provided "walk-aways" $1,000 (e.g. pens, bracelets, key chains, etc.) distributed at an event. All of the above, plus: Gold $1,001 to ■ Sponsor name will be listed in all press releases and logo will be displayed $5,000 on publications, posters, website, and other marketing material (as applicable). ■ Ability to use City property for product sampling. All of the above, plus: Platinum $5,001 ■ Title sponsorship of the event (if applicable). and ■ Designation as the "official," exclusive, or preferred community partner. above ■ Sponsor recognition on the radio. 4 Recognition of Sponsor: The following principles form the basis of the City's Recognition of Sponsors: ■ Recognition shall not detract from the visitor's experience or expectations; ■ Recognition shall not impair the visual qualities of the site; ■ Recognition of a sponsorship shall not suggest in any way the endorsement of the sponsor's goods or services by City, or any proprietary interest of the sponsor in the City; ■ Any physical form of on -site recognition shall not interfere with visitor use or routine City operations. The form of any on -site recognition shall be of an appropriate size and color, adhere to municipal codes on advertisement, shall not detract from the City surroundings or any interpretive message, and must not compromise design standards or the visual integrity of City facilities; ■ All sponsorship agreements will be for a defined period of time having regard to the value of the sponsorship and the life of the asset being sponsored. Procedure The following procedures lay out the processes that both the prospective sponsor and the City must follow in order to provide sponsorship. Initiation ■ Sponsorships are arranged primarily through three processes: 1. Self -initiated by the potential sponsor via the completion of a Corporate Sponsorship Interest Form (See Attachment A Sample) and adherence to the terms and conditions outlined in the Corporate Sponsorship Agreement (See Attachment D Sample). 2. City -initiated via the distribution of a Sponsorship Application Packet (See Attachment B Sample) and adherence to the terms and conditions outlined in the Corporate Sponsorship Agreement (See Attachment D Sample). 3. City -initiated via a Request for Corporate Sponsorship Proposal (RFCSP) process (See Attachment C Sample) and adherence to the terms and conditions outlined in the Corporate Sponsorship Agreement (See Attachment D Sample). o RFCSP Process • The City shall solicit Corporate Sponsorships via a RFCSP process (See Attachment C Sample). • All proposals for sponsorships must be submitted in writing to the City per the instructions outlined in the Request for Corporate Sponsorship Proposal document. • Staff will review the submitted proposals, provide comments, and provide a recommendation to the City Manager. ■ Corporate Sponsorship Approval Process o Corporate Sponsorship solicitations and submissions shall be administered by each department. 5 o The City Manager's Department shall provide technical support and oversight to the Corporate Sponsorship Program. o The City Manager's Department shall have the prerogative to accept or reject any proposals submitted by corporate sponsors. o The City Manager (or designee) is authorized to enter into Corporate Sponsorship Agreements in any dollar amount. o The City Manager shall seek approval from City Council on proposed corporate sponsorships involving the naming of events and/or facilities. o At the end of each fiscal year, the City Manager (or designee) shall disclose to City Council all corporate sponsorship agreements, including the name of the corporate sponsorship opportunity, the name of the corporate sponsor, and the amount of the corporate sponsorship. Evaluation Criteria The City shall adhere to CSP policy, guidelines, and procedures when evaluating a corporate sponsorship proposal. In all cases, the City shall consider: ■ The City's Mission Statement; ■ The sponsor's past record of involvement in community and City projects; ■ The desirability of association — the image; ■ The timeliness or readiness of the corporate sponsor to enter into an agreement; ■ The actual value in cash, or in -kind goods or services of the proposal in relation to the benefit to the corporation; ■ Community support for, or opposition to, the proposal; ■ The operating and maintenance costs associated with the proposal; ■ The corporation's record of responsible environmental stewardship. 0 Attachment A Sample Corporate Sponsorship Interest Form Please fill out each question completely and accurately: First and Last Name Business Name (if applicable): Business Registration/License Number Of applicable) Street Address City State Zip Code Phone Email Address (if applicable) Sponsorship Proposal Description: Provide a description of the proposed financial (or in -kind) sponsorship including its rationale and any positive financial, environmental, social or cultural benefit the sponsorship will provide to the city. Please be as complete as possible. Sponsorship Estimate/Cost: Please estimate the cost of your financial or in -kind sponsorship, the source of your funding (marketing expense, cooperative marketing funds, corporate gifting, etc.), and how you arrived at your funding figure. Sponsor's Businesses Activities: If applicable, please insert a brief description of the nature of your business. Sponsorship Rights and Recognition: Please insert a brief description of the level of recognition your business desires. Attachment B Sample Sponsorship Application Packet The City of Temecula is planning a spectacular year. We need your support! We invite your business to become a sponsor of the Corporate Sponsorship Program. Below are levels and events for your review. SPONSRSHIP LEVELS Bronze Sponsor- In -Kind ■ [Insert Recognition, e.g. Sponsor name will be listed on a sign posted at an activity area, and remain throughout the duration.] Silver Sponsor $1,000 it [Insert Recognition, e.g. Banners, walk-aways (e.g. pens, bracelets, key chains, etc.) at an event with a sponsor name or logo.] Gold Sponsor $5,000 ■ [Insert Recognition, e.g. Corporate logo included in publications websit6] Platinum Sponsor $ 10,000 ■ [Insert Recognition, e.g. Corporate visibility in public parks and facilities] City of Temecula Sponsorship Opportunities [ Insert Event [Insert [Insert [Insert [Insert [Insert Event] e.g. Hot Event] Event] Event] Event] Summer Nights] [Insert Location Location e.g. Crowne Hill Park] Date [Insert Date] Estimated Attendahc [Insert Figure] Basic Sponsor In -Kind Bronze Sponsor [e.g. $500] Silver Sponsor [e.g. $1,000] The City of Temecula is legally a qualified charitable beneficiary. The Federal Tax Identification Number for the City of Temecula is: [Insert Federal Tax ID Number] all charitable donations may be tax deductible to the extent allowed by law. Please consult a tax professional for more information. Gold Sponsor [e.g. $5,000] Platinum [e.g. $10,000] Sponsor Thank you for your interest in the City of Temecula Corporate Sponsorship Program. Please fill out and submit the Sponsorship Form below. If you should have any questions, please call [Insert Contact] Your Contact Information Date: Company name/Organization Contact person Mailinq Address Street Address Company Phone Cell or Alternate Phone Fax: Email Address: _ Website Address: Event & Payment Information Name of Events (check [Insert Event e.g. Hot Summer Nights] one): Alternate Event: finsert Alternate Event_] Sponsorship Level (Check one) _ Total Sponsorship Amount: Bronze Silver Gold Platinum 1 $ [Insert Amount] [Insert Value] _ [Insert Description] Check: Payable to City of Temecula Cash Credit Card In -Kind Donation Fair market Value: Description: Payment Options (Circle one): Visa or MasterCard Payment: Card Number: Expiration Date: 3 Digit Security Code: Printed Name on Card: Signature: Send Payment: _ Phone Registration Fax Form: Logo Information Terms and Conditions ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET NOVEMBER 26, 2013 — 7:00 PM The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Mike Naggar Prelude Music: Earlene Bundy Invocation: Rabbi Sholom Katz of Chabad of Temecula Valley Flag Salute: Kelly Black ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS A Grateful City Month in Temecula Proclamation PUBLIC COMMENTS The following individual addressed the City Council: • Ms. Miller CITY COUNCIL REPORTS CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes — Approved Staff Recommendation (3-0-2, Council Member Comerchero and Council Member Roberts abstained) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with two abstentions. Action Minutes 112613 RECOMMENDATION: 2.1 Approve the action minutes of November 12, 2013. 3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Liability Insurance Policy Extension — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve a seven month pro rata liability and excess liability insurance policy extension with Travelers Indemnity Company/Travelers Indemnity Company of Connecticut (Travelers), in the amount of $116,138, for the period of December 1, 2013 through July 1, 2014. RECESS At 7:19 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:22 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING The following individuals addressed the Council on Item 6: • Larry Markham • Steve Coyne • Matt Woaver • Brandon Rife • Brad Sullivan • Mary Towell • Carol Monroe • Tony Vetturelli • Ms. Miller Action Minutes 112613 2 1 6 A Zone Change to change the zoning from Professional Office to Planned Development Overlay 13 (PDO-13) and to create zoning and residential development standards; a Tentative Tract Map to create 57 lots from three existing parcels; and a Development Plan to construct a residential project on a 22.73 acre site consisting of a 270 unit condominium complex with associated amenities and 49 age restricted single-family lots, located at the northeast corner of Pechanga Parkway and Loma Linda Road — Denied staff recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. Direction was given to staff to do an inventory of apartments/condominiums, desired uses; and if this property is to come back before the City, a sub- committee be appointed to assist with the process. (5-0-0) The motion was made by Council Member Naggar; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE BELLA LINDA RESIDENTIAL PROJECT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE BELLA LINDA RESIDENTIAL PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (PA11-0275, PA11-0276, PA11-0277) (APNS 961-450- 012, 961-450-013, AND 961-450-003) 6.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11-0276, A ZONING MAP AMENDMENT TO REVISE THE ZONING DESIGNATION FROM PROFESSIONAL OFFICE (PO) TO PLANNED DEVELOPMENT OVERLAY 13 (PDO-13) ON A 22.73 ACRE SITE, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS 961-450-012, 961-450-013, AND 961-450-003) Action Minutes 112613 1 6.3 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11-0277, A TENTATIVE TRACT MAP TO CREATE 57 LOTS FROM THREE EXISTING PARCELS TOTALING 22.73 ACRES, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS 961- 450-012, 961-450-013, AND 961-450-003) 6.4 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11-0275, A DEVELOPMENT PLAN TO CONSTRUCT A RESIDENTIAL PROJECT ON A 22.73 ACRE SITE CONSISTING OF A 270 UNIT CONDOMINIUM COMPLEX AND ASSOCIATED AMENITIES AND 49 AGE RESTRICTED SINGLE-FAMILY UNITS, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS 961-450-012, 961-450-013, AND 961-450-003) By way of a Power Point presentation, Assistant Planner, Eric Jones presented the staff report as per agenda material. CITY COUNCIL BUSINESS 7 Selection and Appointment of Local Task Force Members to the Citv Council Action Committee for Health and Family Safety - Direction was given that all appointments to the Task Force be Temecula residents, with professionals in the field being asked to serve in an advisory capacity (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and voice vote reflected unanimous approval. Mayor Naggar continued this item to the meeting of December 10, 2013. RECOMMENDATION: 7.1 That the City Council each appoint two Local Task Force Members to the City Council Action Committee for Health and Family Safety; 7.2 All members of the Committee must be City of Temecula residents. At 10:00 P.M. Mayor Naggar moved to extend the meeting to 10:20 P.M. At 10:20 P.M. Council Member Washington moved to extend the meeting to 10:20 P.M. Action Minutes 112613 1 1 8 Corporate Sponsorship Draft Policv (at the reauest of Finance Committee Members Mike Naggar and Chuck Washington — Approve the Corporate Sponsorship Program in substantial form, authorizing 50% of all funds collected via the new program be set aside for Community Services funding. During the first year of the program, staff is to evaluate how many dollars came from local areas versus a new source of funding. (4-0-1, Council Member Washington absent) The motion was made by Council Member Naggar; it was seconded by Council Member Comerchero; and electronic vote reflected approval with one absent. RECOMMENDATION: 8.1 Approve the Corporate Sponsorship Program in substantial form and authorize the City Manager to make administrative modifications as necessary. At 10:35 P.M. Council Member Washington moved to extend the meeting to 10:45 P.M. Council Member Washington left the meeting at 10:57 P. M. DEPARTMENTAL REPORTS 9 Community Development Department Monthly Report 10 Police Department Monthly Report 11 Public Works Department Monthly Reports CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson announced there was nothing to report. ADJOURNMENT At 11:00 P.M., the City Council meeting was formally adjourned to Tuesday, December 10, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: 4an Jon , MMC [SEAL] Action Minutes 112613 L2:::� �2� '--� — Michael S. Naggar, or Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: March 9, 2021 SUBJECT: Approve the Extension of Joint Use Agreement with the Temecula Valley Unified School District for Temecula Elementary School PREPARED BY: Jennifer Dominguez, Office Specialist I RECOMMENDATION: That the City Council approve the sixth amendment to the agreement between the City of Temecula and the Temecula Valley Unified School District for joint use of a portion of Temecula Elementary School. BACKGROUND: On January 27, 2004, the City of Temecula and the Temecula Valley Unified School District (TVUSD) entered into an Amended and Restated Joint Use Agreement ("Master Agreement"). The Master Agreement allows for the joint use of both entities to leverage limited facilities to best meet the educational and recreational needs of the community. Each leveraging opportunity is outlined in separate Joint Use Agreements (JUAs) subject to the Master Agreement. Currently, there are eight agreements between either the City and TVUSD and the Temecula Community Services District (TCSD) and TVUSD, as follows: 1. Joint Use of Temecula Middle School Multi -Purpose Athletic Fields and Track 2. Joint Use of a Portion of Temecula Elementary School 3. Joint Use of a Portion of James L. Day Middle School 4. Joint Use of a Portion of Chaparral High School (Aquatic Facility) 5. Joint Use of a Portion of Crown Hill Park 6. Joint Use of a Portion of Vail Ranch Middle School 7. Joint Use of Temecula Valley High School Gymnasium 8. Joint Use of School Tennis Courts The parties are currently negotiating the terms of a new Amended and Restated Joint Use Agreement. In the meantime, the Agreement regarding the joint use of a portion of Temecula Elementary School has expired and must be amended to extend the respective terms until June 30, 2021. Joint Use of a Portion of Temecula Elementary School On December 10, 1996, the City of Temecula and the TVUSD entered into a JUA for parking improvements, field, and pool renovations. The City uses the facilities to provide programming opportunities for the community. On August 26, 1997, the parties amended (First Amendment) the JUA to allow the City to install lights on the athletic fields. On October 21, 2003, the parties amended (Second Amendment) the JUA to provide greater use of the pool by the City and to include greater City maintenance responsibilities. On April 24, 2018, the parties amended (Third Amendment) the JUA to extend the agreement to December 31, 2018. On December 11, 2018, the parties amended (Fourth Amendment) the JUA to extend the agreement to December 31, 2019. On December 18, 2019 the parties amended (Fifth Amendment) the JUA to extend the agreement to December 31, 2020. The JUA expired on December 31, 2020. Prior to the Covid pandemic, over 330 individuals participated in City aquatics programs each summer at the Temecula Elementary School pool, and over 650 in youth and adult sports programs on the fields. Counting spectators and non -unique participants, the combined facilities see foot - traffic of over 32,000 visitors per year. As staff prepares for an eventual return to pre-Covid levels of programming, TES will continue to be a critical site for our aquatics and youth sports. This need will be even greater given planned construction later this year at the Community Recreation Center, which may impact aquatics at that site, and the ongoing need for Covid mitigation measures including reduced class capacities. The City also will begin construction in late summer on a new recreation center at Margarita Community Park (in place of the former YMCA building), including a pool. Construction of the new recreation center is anticipated to extend through 2022. FISCAL IMPACT: These amendments will continue the existing expenditure and revenue impacts, which have been budgeted accordingly as part of the Annual Operating Budget and Capital Improvement Project process. ATTACHMENT: Sixth Amendment to the Agreement SIXTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR JOINT USE OF A PORTION OF TEMECULA ELEMENTARY SCHOOL THIS SIXTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR JOINT USE OF A PORTION OF TEMECULA ELEMENTARY SCHOOL is made and entered into as of December 31, 2020 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and the Temecula Valley Unified School District (hereinafter referred to as "District"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. RECITALS TO SIXTH AMENDMENT. This SIXTH Amendment is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the parties: a. On December 10, 1996, the City and the District entered into that certain agreement entitled "Agreement between the City of Temecula and Temecula Valley Unified School District for the Joint Use of a Portion of Temecula Elementary School ("1996 Agreement"). b. On August 26, 1997, the City and the District entered into that certain First Amendment to the 1996 Agreement ("First Amendment"). Pursuant to said First Amendment, the parties set forth certain improvement and maintenance obligations of the City with respect to the City's joint use of a portion of Temecula Elementary School. C. On October 21, 2003, the City and the District entered into that certain Second Amendment to the 1996 Agreement ("Second Amendment"). Pursuant to the Second Amendment, the City and District amended Section 4, titled "Apportionment of Use of Property by City and District", to provide for greater use of the pool by the City, and to set forth the obligations of the parties regarding apportionment of the use of a portion of the Temecula Elementary School. The Second Amendment also set forth the respective maintenance obligations of the parties regarding said portion of the Temecula Elementary School. d. On April 24, 2018, the City and the District entered into that certain Third Amendment to the 1996 Agreement ("Third Amendment") extending the term to December 31, 2018. e. On December 11, 2018, the City and the District entered into that certain Fourth Amendment to the 1996 Agreement ("Fourth Amendment") extending the term to December 31, 2019. f. On December 18, 2019, the City and the District entered into that certain Fifth Amendment to the 1996 Agreement ("Fifth Amendment") extending the term to December 31, 2020. g. The 1996 Agreement, as amended by the First, Second, Third, Fourth, and Fifth Amendments, is referred to below as the "Agreement". h. The City and the District wish to enter into this Sixth Amendment to extend the term of the Agreement to June 30, 2021. 06/15/2020 2. Section 3 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until June 30, 2021, provided, however, that this Agreement may be amended by a writing executed by both parties." 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 06/15/2020 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Maryann Edwards, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: TEMECULA VALLEY UNIFIED SCHOOL DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: 10 t1i 1- Jodi McClay, Superintendent Peter M. Thorson, City Attorney District Temecula Valley Unified School District Attn: Jodi McClay 31350 Rancho Vista Road Temecula, CA 92592 951-506-7904 soconnell@tvusd.us City Purchasing Mgr. Initials and Date: AlSy 03-02-2021 3 O6/15/2020 Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: March 9, 2021 SUBJECT: Approve Design Build Agreement and General Conditions with De La Secura Builders, Inc. for the Margarita Recreation Center, Project No. PW17-21 PREPARED BY: Avlin Odviar, Senior Civil Engineer Nino Abad, Associate Civil Engineer RECOMMENDATION: That the City Council: 1. Approve the Design Build Agreement and General Conditions with De La Secura Builders, Inc. with a Guaranteed Maximum Price (GMP) amount of $8,680,459.00, for the Margarita Recreation Center Project, PW17-21; and 2. Authorize the City Manager to approve change orders up to 1.4% of the agreement amount, $120,000.00. BACKGROUND: The Margarita Recreation Center (MRC) is an existing building with pool located within Margarita Community Park at 29119 Margarita Road. For many years, the MRC building was utilized by the YMCA to run its youth development and community service programs. In 2012, the building was acquired by the City. Currently, the Temecula Community Service District (TCSD) provides a variety of community programs and classes at the MRC. There have been several assessments of the building regarding retrofit, repair, and/or expansion to address building deficiencies along with the need to expand uses of the facility. Most recently, the Margarita Recreation Center Community Needs Assessment was completed in 2017. Ultimately, it was determined that a complete demolition of the existing facility and replacement with a new building and pool would best address the needs of the City and community. Furthermore, City staff considers delivery of these improvements via design -build methodology to be suitable and advantageous, as it allows greater flexibility in decision -making while controlling overall cost. This is the City's first design -build project. As required for Local Agency Design -Build Projects per California Public Contract Code (PCC) Section 22164, all bidders were pre -qualified. On November 21, 2019 the Department of Public Works posted a Request for Qualifications (RFQ) on the City's bid site, PlanetBids. Staff evaluated the statements of qualifications received, and on February 11, 2020 the City Council Pre -Qualified the following six (6) firms: 1. AMG & Associates, Inc. 2. De La Secura Builders, Inc. 3. Hamel Contracting, Inc. 4. Pence Construction, Inc 5. R.C. Construction Services, Inc. 6. Nielsen Construction California, Inc On July 24, 2020 the City issued a Request for Proposal (RFP) to the prequalified firms. However, the City was not able to issue a contract as the project budget was insufficient to design and construct the intended facility in a single phase. On October 27, 2020 the Temecula City Council approved an increase to the project budget for PW17-21. The RFP was reissued on November 19, 2020 and three (3) responsive proposals were received on December 23, 2020 from the following Design -Build firms: 1. AMG & Associates, Inc. 2. De La Secura Builders, Inc. 3. R.C. Construction Services, Inc. The City also received two (2) non -responsive proposals from Clean Coast, Inc. and Keystone Ridge Designs. These proposals were not reviewed as these firms were not pre -qualified and both firms were not intending to submit Design -Build services as a prime, but were intending to submit for subcontract work and services to the prospective primes. Staff has evaluated the three (3) responsive design build proposals and has determined that De La Secura Builders, Inc. (DLS) submitted the "best value" proposal per section 22164 of the PCC. Staff has also completed negotiations with DLS and reached an agreement amenable to both parties. Therefore, it is the recommendation of staff that the Temecula City Council award the Design Build Contract to DLS for the Margarita Recreation Center Project, PW17-21 for the Guaranteed Maximum Price of $8,680,459.00. This price consists of $565,000 for design, $7,472,462 for construction, and $642,997 for profit. The agreement provides for the design, environmental clearance, and construction of the new recreational center, and demolition of the existing recreational center. The new recreational center generally consists of approximately 8,600 square feet of indoor space including a classroom, multipurpose room with operable partition, dance/fitness room, kitchen, administrative/reception offices, lifeguard/aquatic and first aid rooms, locker rooms, and restrooms. The new center's outdoor facilities include multiple patio spaces and a 45'wide x 75' long pool with shallow depth entry transitioning to a 9' maximum depth with a 3/4 meter height diving board. An accessory structure for mechanical equipment related to the pool as well as additional storage is also included. It is anticipated that the project will be deemed Categorically Exempt from the California Environmental Quality Act. The appropriate environmental studies, document, and clearance will be completed concurrent with the design phase, prior to construction. FISCAL IMPACT: The Margarita Recreation Center project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2021-25 with funds including Capital Financing, DIF (Park & Rec Improvements) and Measure S. There are sufficient funds in Account No. 210.265.692 to award this Design -Build agreement for $8,680,459.00, plus the $120,000.00 contingency, for a total encumbrance of $8,800,459.00. ATTACHMENTS: 1. Design -Build Agreement 2. General Conditions 3. Project Description and Budget Sheet Standard Form of Agreement Between Owner and Design - Builder — Cost Plus Fee with an Option for a Guaranteed Maximum Price Design -Build Institute of America - Contract Documents LICENSE AGREEMENT By using the DBIA Contract Documents, you agree to and are bound by the terms of this License Agreement. 1. License. The Design -Build Institute of America ("DBIA") provides DBIA Contract Documents and licenses their use worldwide. You acknowledge that DBIA Contract Documents are protected by the copyright laws of the United States. You have a limited nonexclusive license to: (a) Use DBIA Contract Documents on any number of machines owned, leased or rented by your company or organization; (b) Use DBIA Contract Documents in printed form for bona fide contract purposes; and (c) Copy DBIA Contract Documents into any machine-readable or printed form for backup or modification purposes in support of your permitted use. 2. User Responsibility. You assume sole responsibility for the selection of specific documents or portions thereof to achieve your intended results, and for the installation, use, and results obtained from the DBIA Contract Documents. You acknowledge that you understand that the text of the DBIA Contract Documents has important legal consequences and that consultation with an attorney is recommended with respect to use or modification of the text. You will not represent that any of the contract documents you generate from DBIA Contract Documents are DBIA documents unless (a) the document text is used without alteration or (b) all additions and changes to, and deletions from, the text are clearly shown. 3. Copies. You may not use, copy, modify, or transfer DBIA Contract Documents, or any copy, modification or merged portion, in whole or in part, except as expressly provided for in this license. Reproduction of DBIA Contract Documents in printed or machine-readable format for resale or educational purposes is expressly prohibited. You will reproduce and include DBIA's copyright notice on any printed or machine-readable copy, modification, or portion merged into another document or program. 4. Transfers. You may not transfer possession of any copy, modification or merged portion of DBIA Contract Documents to another party, except that a party with whom you are contracting may receive and use such transferred material solely for purposes of its contract with you. You may not sublicense, assign, or transfer this license except as expressly provided in this Agreement, and any attempt to do so is void. 5. Term. The license is effective for one year from the date of purchase. DBIA may elect to terminate it earlier, by written notice to you, if you fail to comply with any term or condition of this Agreement. 6. Limited Warranty. DBIA warrants the electronic files or other media by which DBIA Contract Documents are furnished to be free from defects in materials and workmanship under normal use during the Term. There is no other warranty of any kind, expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. DBIA does not warrant that the DBIA Contract Documents will meet your requirements or that the operation of DBIA Contract Documents will be uninterrupted or error free. 7. Limitations of Remedies. DBIA's entire liability and your exclusive remedy shall be: the replacement of any document not meeting DBIA's "Limited Warranty" which is returned to DBIA with a copy of your receipt, or at DBIA's election, your money will be refunded. In no event will DBIA be liable to you for any damages, including any lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use DBIA Contract Documents even if DBIA has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. 8. Acknowledgement. You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions and that it will be governed by the laws of the District of Columbia. You further agree that it is the complete and exclusive statement of your agreement with DBIA which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties relating to the subject matter of this agreement. INSTRUCTIONS For DBIA Document No. 530 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a Guaranteed Maximum Price (2010 Edition) Checklist Use this Checklist to ensure that the Agreement is fully completed and all exhibits are attached. Page 1 Owner's name, address and form of business Page 1 Design -Builder's name, address and form of business Page 1 Project name and address Section 2.1.3 Identify other exhibits to the Agreement Section 4.2 Note the optional provisions that are provided Section 4.3.2 Complete blanks for additional sum for use of Work Product Section 5.2.1 Complete blanks for calendar days and note the optional language that is provided Section 5.2.2 Insert any interim milestones (optional) Section 5.4 Complete blanks for liquidated damages and note the optional provisions that are provided Section 5.5 If the parties select the option provided they have to insert an amount Section 5.6 Complete blanks for early completion bonus and note the optional provision that is provided Section 5.7 Note the optional provisions that are provided Section 6.1.2 Insert basis for pricing preliminary services (optional) Section 6.2.1 Choose basis for Fee and complete blanks Section 6.2.2 Insert financial arrangements for adjustments and note optional provisions Section 6.3.3 Complete blanks for markup; insert or attach personnel names, etc. Section 6.3.4 Note the optional provision that is provided Section 6.4.4 Note the optional provision that is provided Section 6.6.1.1 Complete blanks for GMP, and note the optional provision that is provided Section 6.6.1.2 Complete blanks for Design -Builder's Contingency Section 6.6.3.1 Choose method for sharing savings; complete blanks Section 6.7.1 Note optional provision Section 7.1.1 Complete blanks for day of month Section 7.2.1 Complete blanks for retention percentage and note optional provision Section 7.2.2 Note the optional provision that is provided Section 7.4 Complete blanks for interest rate Section 8.1.3 Choose overhead/profit method for termination for convenience Section 8.2.1 Complete blanks for percentages Section 8.2.2 Complete blanks for percentages Section 9.1.1 Insert Owner's Senior Representative's name, etc. (optional) Section 9.1.2 Insert Owner's Representative's name, etc. (optional) Section 9.2.1 Insert Design -Builder's Senior Representative's name, etc. (optional) Section 9.2.2 Insert Design -Builder's Representative's name, etc. (optional) Section 10.1 Attach Insurance Exhibit Section 10.2 Insert amount and conditions of bonds or other security and note the options that are provided Section 11.1 Insert any other provisions (optional) Last Page Owner's and Design -Builder's execution of the Agreement Instruction Sheet for DBIA Document No. 530 Page ©2010 Design -Build Institute of America General Instructions No. Subject Instruction Standard form contracts have long served an important function in the United States and international construction markets. The common purpose of these forms is to provide an 1. Standard Forms economical and convenient way for parties to contract for design and construction services. As standard forms gain acceptance and are used with increased frequency, parties are able to enter into contracts with greater certainty as to their rights and responsibilities. Since its formation in 1993, the Design -Build Institute of America ("DBIA") has regularly evaluated the needs of owners, design -builders, and other parties to the design -build DBIA Standard process in preparation for developing its own contract forms. Consistent with DBIA's 2. Form Contract mission of promulgating best design -build practices, DBIA believes that the design -build Documents contract should reflect a balanced approach to risk that considers the legitimate interests of all parties to the design -build process. DBIA's Standard Form Contract Documents reflect a modern risk allocation approach, allocating each risk to the party best equipped to manage and minimize that risk, with the goal of promoting best design -build practices. To avoid inconsistencies among documents used for the same project, DBIA's Standard Use of Non-DBIA Form Contract Documents should not be used in conjunction with non-DBIA documents 3. Documents unless the non-DBIA documents are appropriately modified on the advice of legal counsel. Moreover, care should also be taken when using different editions of the DBIA Standard Form Documents on the same project to ensure consistency. Legal DBIA Standard Form Contract Documents are legally binding contracts with important 4. Consequences legal consequences. Contracting parties are advised and encouraged to seek legal counsel in completing or modifying these Documents. DBIA hereby grants to purchasers a limited license to reproduce its Documents consistent 5. Reproduction with the License Agreement accompanying these Documents. At least two original versions of the Agreement should be signed by the parties. Any other reproduction of DBIA Documents is strictly prohibited. Effective contracting is accomplished when the parties give specific thought to their contracting goals and then tailor the contract to meet the unique needs of the project and the design -build team. For that reason, these Documents may require modification for various purposes including, for example, to comply with local codes and laws, or to add special terms. DBIA's latest revisions to its Documents provide the parties an opportunity 6. Modifications to customize their contractual relationship by selecting various optional contract clauses that may better reflect the unique needs and risks associated with the project. Any modifications to these Documents should be initialed by the parties. At no time should a document be re -typed in its entirety. Re-creating the document violates copyright laws and destroys one of the advantages of standard forms -familiarity with the terms. 7. Execution It is good practice to execute two original copies of the Agreement. Only persons authorized to sign for the contracting parties may execute the Agreement. Instruction Sheet for DBIA Document No. 530 Page ©2010 Design -Build Institute of America Specific Instructions Section Title Instruction DBIA Document No. 530 ("Agreement") should be used when the parties intend that Owner pay Design -Builder the Cost of the Work plus a Fee, with or without a Guaranteed Maximum Price ("GMP"). If there is uncertainty about Owner's Project Criteria, or the Project Criteria remain to be developed by Owner and Design -Builder General Purpose of This together, a cost-plus/GMP contracting approach is desirable. Agreement If there is certainty as to Owner's Project Criteria, a lump sum fixed price for the completion of all design and construction services may be suitable, especially when the Owner procures Design -Builder's services by competitive means. In such case, DBIA Document No. 525 should be used. General Purpose of These These Instructions are not part of this Agreement, but are provided to aid the parties in Instructions their understanding of the Agreement and in completing the Agreement. General Related Documents This Agreement shall be used in conjunction with the General Conditions of Contract. Other related Contract Documents are listed in Article 2 of this Agreement. On Page 1, enter the date when both parties reach a final understanding. It is possible, due to logistical reasons, that the dates when the parties execute the Agreement may General Date be different. Once both parties execute the Agreement, the effective date of the Agreement will be the date recorded on Page 1. This date does not, however, determine Contract Time, which is measured according to the terms of Article 5. Parties: Owner and On Page 1, enter the legal name and full address of Owner and Design -Builder, as well General Design -Builder as the legal form of each entity, e.g., corporation, partnership, limited partnership, limited liability company, or other. If a GMP is established upon execution of this Agreement, the GMP Exhibit must be GMP Exhibit, GMP attached pursuant to Section 6.6.1.1. If a GMP is established after execution of this 2.1.2 Proposal Agreement, the GMP Proposal must be attached pursuant to Section 6.6.2. Both the GMP Exhibit and GMP Proposal will include those Basis of Design Documents Design - Builder uses as the basis for its GMP. Construction After execution of the Agreement, and consistent with the requirements of Section 2.4 2.1.5 Documents of the General Conditions of Contract, Design -Builder will prepare Construction Documents, subject to Owner's review and approval. The Contract Documents are listed in Section 2.1 in the order of their precedence. The GMP Exhibit and GMP Proposal are based on the Basis of Design Documents, which are comprised of various documents. The parties should strongly consider establishing the priority of the various documents comprising the GMP Exhibit or GMP Proposal to 3.2 Order of avoid disputes should discrepancies arise among the documents. Moreover, Section Precedence 2.1.3 recognizes that there may be other exhibits attached to this Agreement. If this is the case, the parties should discuss whetherthese exhibits should be part of the Basis of Design Documents. If these exhibits are not made part of the Basis of Design Documents, these exhibits will not take priority over the Basis of Design Documents in the event of a conflict. 3.3 Definitions Terms, words and phrases used in the Agreement shall have the same meanings used in the General Conditions of Contract. The Owner is cautioned that if it includes design specifications in its Project Criteria Design there is case law holding that the Design -Builder is entitled to rely on such information, 3.4 Specifications and to the extent such information is not accurate, the Design -Builder will be entitled to an adjustment in the Contract Price and/or Contract Time. Accordingly, the Owner to avoid such potential liability should consider using performance specifications. Section Title Instruction This Agreement provides that the Design -Builder shall retain ownership of the Work 4.1 Work Product Product it produces, but obligates Design -Builder to grant a limited license to Owner to use the Work Product according to the terms and circumstances described in Sections 4.2, 4.3, 4.4 and 4.5. Des ign-Buildershall grant Owner, at Owner's sole risk, a limited license to use the Work Owner's Limited Product at the completion of the Work in connection with Owner's occupation of the 4.2 License Upon Project. This Section also provides the parties with the option of transferring ownership Payment in Full of some or all of the Work Product to the Owner upon payment in full for all Work performed. Generally, where the Owner desires ownership of Work Product, it is sufficient to transfer ownership of unique architectural and design elements. Owner should not use the Termination for Convenience Clause to obtain Design - Owner's Limited Builder's valuable design concepts, and then seek lower bids from other design - License Upon builders. Therefore, where Owner terminates this Agreement for its convenience, and Owner's then decides to complete the Project with its own or third party forces, Design -Builder 4.3 Termination for shall grant Owner the rights set forth in Section 4.2, provided Owner pays Design - Convenience or Builder all amounts due Design -Builder as required by the Contract Documents, Design -Builder's including paying Design -Builder an additional sum per Section 4.3.2 for the use of the Election to Work Product. In the event Design -Builder elects toterminatethis Agreementfor cause, Terminate for reasons set forth in Section 11.4 of the General Conditions of Contract, these same conditions apply to Owner's use of the Work Product. To minimize disputes, the parties should negotiate prior to the execution of the 4.3.2 Additional Agreement the amount Owner shall pay Design-Builderforthe use of Design -Builder's Compensation Work Product in the event Owner terminates this Agreement for its convenience or Design -Builder elects to terminate this Agreement for cause. Enter this amount. Owner's Limited If Design -Builder is properly terminated for default, Owner is granted a limited license 4.4 License Upon Design -Builder's to use the Work Product, to complete the Project, and Owner shall thereafter have the Default same rights and obligations as set forth in Section 4.2. Owner's Indemnification for Owner's use or alteration of the Work Product shall be at its sole risk, and Owner must 4.5 Use of Work agree to defend, indemnify and hold harmless Design -Builder and anyone working by Product or through Design -Builder, including Design Consultants of any tier. 5.1 Date of Design -Builder's obligation to commence work is triggered by its receipt of a Notice to Commencement Proceed unless the parties mutually agree otherwise. Enter the calendar days duration by which Substantial Completion has to be achieved. Substantial The parties in this Section have the option of modifying the definition of Substantial 5.2.1 Completion of the Completion set forth in the General Conditions of Contract if they want to use a Entire Work Temporary Certificate of Occupancy as the benchmark. If this option is selected, Substantial Completion will be deemed to be achieved no later than the date a Temporary Certificate of Occupancy is issued if applicable to the Project. Instruction Sheet for DBIA Document No. 530 Page 5 ©2010 Design -Build Institute of America Section Title Instruction It may be that some portions of the Work must be completed in phases or within a prescribed period of time to accommodate Owner's needs. The parties may, at their option, identify these portions of the Work to be completed prior to Substantial Completion of the entire Work. Enter the calendar days, starting from the Date of Commencement, for achieving Substantial Completion of these identified portions of 5.2.2 Interim Milestones the Work. If these portions of the Work are required to be substantially completed by certain milestone dates, enter those dates. As presently drafted, no remedy is provided to the Owner if an interim milestone is not met. If the Owner has special requirements as it relates to interim milestones, the Owner may want to consider a remedy for the Design -Builder's failure to meet an interim milestone, as well as providing a bonus to the Design -Builder for satisfying such interim milestone. Owner should make a good faith evaluation of the amount that is reasonably necessary to compensate it for delay. Owner should not establish liquidated damages to penalize Design -Builder. Moreover, in the event a GMP is not established upon execution of the Agreement, it appears prudent for the parties to refrain from establishing liquidated damages until such time as the GMP is established. Section 5.4 establishes a grace period between the Scheduled Substantial Completion Date and the assessment of liquidated damages in order to prevent disputes as to which party bears responsibility for only a few days of delay. The parties should enter the calendar days that may pass following the Scheduled Substantial Completion Date before liquidated damages will be assessed. The parties are also provided the option of establishing liquidated damages if the Liquidated Design -Builder fails to achieve Final Completion within a specified number of days after 5.4 Damages Substantial Completion. If this option is selected, the parties have to negotiate the number of days, as well as the liquidated damages amount. The parties in negotiating liquidated damages should keep in mind that the amount of liquidated damages for failing to achieve Final Completion should be a considerably scaled down amount and should reflect the financial harm to the Owner. In no case should the total amount of liquidated damages for the Project exceed an amount that is reasonably necessary to compensate Owner for Project delay. The parties also have the option here of eliminating liquidated damages altogether, in which case the Owner can recover actual damages for Project delay at an amount that is capped by the parties. The Owner is cautioned that it still cannot recover consequential damages, as they are waived under Section 10.5.1 of the General Conditions of Contract. 5.5 Liquidated Damages Cap The parties can agree to cap liquidated damages for delay at a negotiated amount. Instruction Sheet for DBIA Document No. 530 Page 6 ©2010 Design -Build Institute of America Section Title Instruction If the Project economics justify liquidated damages, then it is appropriate to couple these liquidated damages with an early completion bonus. The parties should enter the number of calendar days prior to the Scheduled Substantial Completion Date that will Early Completion set the Bonus Date. Also, enter the amount of the bonus to be paid per day that will 5.6 Bonus allow Owner to share with Design -Builder the economic benefits of early completion. Moreover, in the event a GMP is not established upon execution of the Agreement, it appears prudent for the parties to refrain from establishing an early completion bonus until such time as the GMP is established. The parties also have the option in Section 5.6 of capping the early completion bonus at a negotiated amount. The parties are provided the opportunity of providing the Design -Builder the right to Compensation for receive compensation for Force Majeure Events. By selecting this option, the parties 5 Force Majeure agree to modify Section 8.2.2 of the General Conditions of Contract, in which case the parties have to negotiate how many cumulative days of Force Majeure delays must Events occur before the Design -Builder is entitled to either a negotiated amount per day for delay or the direct costs it has incurred as a result of such delay. This Agreement allows the parties the flexibility to establish within the Contract Price a different payment basis for certain preliminary portions of the Work which may be 6.1.2 Optional Pricing necessary to permit Design -Builder to furnish Owner with a GMP. Alternatively, the parties may use DBIA Document No. 520 to perform certain preliminary design seances prior to setting the GMP. Enter a description of any such services, the basis for determining the price, and the price to be paid. Design -Builder's Enter the amount of Design -Builder's Fee as a sum certain or as a percentage of the 6.2.1 Fee Cost of the Work. Design -Builder's Fee shall be commensurate with the services it provides and the risk it assumes in providing single point responsibility to Owner. Adjustments to For additive Change Orders, the parties have to negotiate the Fee the Design -Builder 6.2.2 Design -Builder's will receive. For deductive Change Orders, the parties have the option by checking the Fee appropriate box to signify whether there will be no additional reduction orwhetherthere will be an additional reduction based on a negotiated percentage. Wages for Design- DBIA endorses reimbursing salaries and associated benefits of Design -Builder's Project Builder's personnel, such as accountants, stationed at offices other than the field office, when to 6.3.3 Employees at do so is more efficient and cost effective. Enter the percentage markup to be applied Principal or Branch for Project -related overhead associated with such personnel. Insert, or attach as an Offices exhibit, a list of such personnel and theirjob functions. It may be simpler for the parties to agree on a multiplier (rather than actual costs) to 6.3.4 Employee Benefits compensate the Design -Builder for employee benefits. Accordingly, the parties may want to insertthe multiplierto be applied to the wages and salaries of such reimbursable employees. Instruction Sheet for DBIA Document No. 530 Page 7 ©2010 Design -Build Institute of America Section Title Instruction The Cost of the Work shall include the costs to repair or correct defective or non- conforming Work (including warranty or corrective work performed after Substantial Costs for Completion) unless caused by Design -Builder's negligence. DBIA believes that Design- 6.3.7 Defective/Non- Builder should not be penalized for inadvertent mistakes which are inevitable when Conforming Work designing and constructing a Project. To do so would encourage ultra -conservatism in every task, the ultimate cost of which would be greater than a proactive approach to performing the Work. At this section, the parties are provided the opportunity to establish prior to Final Completion an escrow account in a negotiated amount to be used to reimburse the Design -Builder for its costs incurred in performing warranty Work. If funds remain in the 6.3.23 Warranty Escrow escrow account after the expiration of the warranty period, the funds are returned to the Owner subject to Design -Builder's share of any savings. Note that even if the escrow account is exhausted, if funds remain under the GMP, the Owner is still obligated to reimburse the Design -Builder for its warranty Work. This section recognizes that the parties may agree that certain items of Work should be treated as an Allowance Item and priced based on Allowance Values. The Allowance Value for which the Design -Builder will be entitled to receive compensation includes direct cost of labor, materials, equipment, transportation, taxes and insurance 6.4.4 Allowance Value associated with the Allowance Item. All other costs associated with the Allowance Item, such as design fees, general conditions costs and fee, are deemed to be included in the Contract Price. However, by checking the box, the parties agree that in the event the actual cost of the Allowance Item is greater than or less than the Allowance Value by a negotiated percentage, then Design -Builder's right to Fee and markup shall be determined pursuant to Section 6.2.2. This Agreement provides the parties flexibility in establishing the Contract Price. Parties can establish a GMP before or after entering into this Agreement, or elect to proceed on the basis of costs plus a fee, without a GMP. 6.6 The Guaranteed Maximum Price If a GMP method is elected, the GMP should not be established until the Basisof Design Documents are sufficiently defined to make the GMP realistic and meaningful. Setting it too early does not permit reasonable opportunity for scope definition and evaluation of Project risk. On the other hand, setting it too late may not achieve Owner's objecti\,e of having an early price guarantee to enable it to make decisions relative to the Project. Instruction Sheet for DBIA Document No. 530 Page 8 ©2010 Design -Build Institute of America Section Title Instruction Enter the GMP, if appropriate. Attach as an exhibit to this Agreement the Basis of Design Documents used to establish the GMP. These documents comprise the GMP Exhibit which shall become a Contract Document pursuant to Section 2.1.1 of the Agreement. The Design -Builder does not guarantee any specific line item provided as 6.6.1.1 GMP at Agreement Part of the GMP. Execution By selecting the alternate option, the Design -Builder agrees to guarantee the line item in its GMP for general conditions costs only. The Design -Builder agrees that it is responsible for paying general conditions costs in excess of this line item. The Design - Builder does not guarantee any other line items in the GMP. Enterthe amount of Design -Builder's Contingency. The Contingency is forthe exclusive use of the Design -Builder and covers all unanticipated costs incurred that are not the basis of a Change Order. This section sets forth by way of example only the type of costs that would be funded out of the Contingency. Other costs, such as but not limited to any deductibles the Design -Builder is obligated to pay, would be subject to reimbursement. The Design -Builder is also required to provide the Owner with a monthly status report accounting for the Contingency, including all reasonably foreseen uses and potential uses of the Contingency for the upcoming three months. 6.6.1.2 GMP Contingency While not provided for in the Contingency provision, DBIA recognizes that there may be situations where the Owner will want to recapture the Contingency prior to Final Completion. For example, the Owner may want to use amounts in the Contingency to fund changes to the Project. The Owner's desire has to be balanced against the Design - Builder's need to use the Contingency to fund unanticipated costs forwhich it is liable. Accordingly, balancing these competing concerns is usually accomplished by releasing some of the Contingency to the Owner after the Design -Builder has bought out the Subcontractors, providing that the Design -Builder is not obligated to release Contingency amounts in excess of amounts identified for reasonably foreseen uses or potential uses of the Contingency. Instruction Sheet for DBIA Document No. 530 Page 9 ©2010 Design -Build Institute of America Section Title Instruction At the request of Owner, Design -Builder shall submit its GMP Proposal, which shall GMP Proposal include the items listed in Sections 6.6.2.1.1 to 6.5.2.1.9. Ifthe parties agree to additions After or deletions from this list, modify this Section 6.6.2.1 appropriately. 6.6.2.1 Execution of This The Agreement provides the parties with flexibility as to when the GMP Proposal will be Agreement submitted after execution of the Agreement. Prior to execution of the Agreement the parties should discuss when Owner desires Design-Builderto submit its GMP Proposal. Given that expedited delivery is one of the primary factors driving many owners to select the design -build method, DBIA strongly believes that the parties should discuss and understand what each party must do to support the Project schedule. The entire Work, 6.6.2.1.4 Schedule both design and construction, should be scheduled. The schedule should indicate the dates for the start and completion of the various stages of the Work, including the date when Owner information and approvals are required, and any Owner created constraints. The Agreement also provides flexibility to establish the Scheduled Substantial Completion Date prior to submission of the GMP Proposal. 6.6.2.3 Acceptance of If Owner accepts the GMP Proposal, the parties should amend this Agreement to add GMP Proposal the final GMP Proposal as a Contract Document pursuant to Section 2.1.2. This Agreement provides three options for Owner in the event it fails to accept the GMP Proposal and two choices for Design -Builder if Owner fails to exercise any of the three options. These options are specifically designed to prevent one party from receiving a windfall in the event the parties cannot agree on the GMP and the Agreement is terminated. 6.6.2.4 Failure to Accept the GMP Proposal The parties should take note that if Owner exercises its option to terminate for convenience, or Design -Builder suspends performance, Design -Builder will not be entitled to payment for uncompleted Work provided by Section 8.2. However, additional payment for Owner's use of Work Product will be due Design -Builder pursuant to Section 4.3, if Owner proceeds to complete the Project using Design -Builder's Work Product. One of the benefits of a GMP approach is the possibility that with good management by Design -Builder and timely support from Owner the actual Cost of the Work and Fee may be less than the GMP. This creates a savings pool that should result in a benefit 6.6.3 Savings to both Design -Builder and Owner. Sharing these savings creates an incentive for Des ign-Builderto save costs. Some factors to consider in determining how the Savings are shared include the timing for the establishment of the GMP and the amount of Design -Builder's Fee established under Section 6.2.1. This section provides that if the actual Cost of the Work and Design -Builder's Fee is 6.6.3.1 Savings less than the GMP, as such GMP may have been adjusted, the savings, if any, shall be Calculations shared. The Agreement offers two choices for distributing Savings. Choose a method and enter the appropriate figures. Instruction Sheet for DBIA Document No. 530 Page 10 ©2010 Design -Build Institute of America Section Title Instruction In addition for the potential of the Design -Builder to share in Savings as set forth in Section 6.6.3, there may be other performance incentives that will influence Project Performance success. Such incentives may include award fees tied to the Design -Builder achieving 6.7 Incentives certain standards relative to client satisfaction, safety, and personnel retention. The parties are encouraged to discuss the use of such incentives during negotiation of this Agreement. Any agreement on the use of incentives should be set forth in an exhibit attached to this Agreement. 7.1.1 Progress Payments Enter the day of the month when Design -Builder shall submit its Application for Payment. Enter the percentage Owner will retain from Progress Payments to Design -Builder until fifty percent (50%) of the Work is completed. Owner should recognize that it creates undue hardship to hold retainage on Subcontractors that have completed their work early in the Project. Owner should accordingly consider releasing retainage on Subcontractors that complete work early in the Project, providing that these Subcontractors have satisfactorily performed their portion of the Work. 7.2.1 Retainage The parties are provided the option of modifying the retainage provision by checking the box. This option excludes from retainage the Design -Builder's General Conditions costs and amounts paid to Design -Builder's Design Consultant. The rationale for selecting this option is that the Design -Builder is obligated to pay its General Conditions costs in full each month and that under the design -bid -build delivery method, the Owner typically does not retain sums from its Designer. Release of This section requires the Owner to release retainage to the Design -Builder. If the 7.2.2 Retainage Design -Builder and Owner have established a warranty reserve in accordance with Section 6.3.2.4, the parties shall establish an escrow account at this time. The parties should enter the rate at which interest will accrue on Design -Builder's 7.4 Interest payments if unpaid five (5) days after due. Late payment creates a hardship for Design - Builder, its Design Consultants and Subcontractors. The Owner is provided access to Design -Builder's accounting information as it relates to Costs of the Work. However, if the parties have agreed to multipliers or markups, the 7.5 Record Keeping timeto challenge and negotiate those percentages is at thetimethe parties executethe Agreement and not during the Project or after it has been completed. Accordingly, the Owner can at any time audit these percentages only to confirm that such percentage has been properly charged and not to challenge the composition of such percentage. Instruction Sheet for DBIA Document No. 530 Page 11 ©2010 Design -Build Institute of America Section Title Instruction The parties should choose prior to execution of the Agreement the method that will be Termination for used to determine overhead and profit paid to Design -Builder in the event Owner Convenience: terminates Design -Builder for its convenience. The parties may choose to set 8.1.3 Overhead and percentage rates for overhead and profit prior to execution of the Agreement, or may Profit choose to determine reasonable sums to be paid for overhead and profit at the time of the termination. If the parties choose to set overhead and profit rates prior to execution of the Agreement, the percentages should be entered in Section 8.1.3. Although it is important for Owner to have a process for terminating this Agreement for convenience, the process must consider the interests of Design -Builder. If Owner terminates this Agreement for its own convenience, compensating Design -Builder for Termination for its costs will not be adequate because Design -Builder will have committed its resources 8.2 Convenience: for a small amount of revenue. Therefore, in addition to the overhead and profit paid in Additional Section 8.1, Owner shall pay Design -Builder an additional sum, calculated as a Payments percentage of the remaining balance of the Contract Price or, if a GMP has not been established, the remaining balance of the most recent estimated Contract Price. Enter the percentages Owner shall pay Design -Builder if Owner terminates this Agreement for its own convenience prior to or after the start of construction. Termination for Owner should not use the Termination for Convenience clause to obtain Design - Convenience: Builder's valuable design concepts and then seek lower bids from another design- 8.3 Owner's Use of builder. If Owner terminates this Agreement for its own convenience, and chooses to Work Product proceed with the Project using Design -Builder's Work Product, Owner should pay an additional sum for the use of Design -Builder's Work Product pursuant to Section 4.3. Enter the name, title, address and telephone number of Owner's Senior Representative and Owner's Representative at Sections 9.1.1 and 9.1.2, respectively. Enter the name, title, address and telephone number of Design -Builder's Senior Article Representatives of Representative and Design -Builder's Representative at Sections 9.2.1 and 9.2.2, 9 the Parties respectively. The parties can elect to establish these Representatives during the performance of the Project rather than at the time of execution of this Agreement. If Representatives are identified after execution of the Agreement, an appropriate amendment should be made to the Agreement at the time these individuals are designated. Attach an Insurance Exhibit setting forth in detail the insurance coverages required for 10.1 Insurance the Project. Parties are advised to familiarize themselves with the terms of Article 5 of the General Conditions of Contract, Insurance and Bonds, and to consult their insurance advdsor. Enter the type and amount of bonds or other performance security required for the 10.2 Bonds Project. Where bonding is not required by statute, Owner may want to evaluate the project risks versus the bonding costs in deciding what type of performance security to require. Instruction Sheet for DBIA Document No. 530 Page 12 ©2010 Design -Build Institute of America Section Title Instruction Insert any other provisions. For example, the parties may elect to have disputes 11.1 Other Provisions resolved through litigation rather than arbitration in which case the optional language in this Section should be included. Instruction Sheet for DBIA Document No. 530 Page 2 ©2010 Design -Build Institute of America TABLE OF CONTENTS Article Name Page Article1 Scope of Work..........................................................................................................2 Article 3 Interpretation and Intent..........................................................................................2 Article 4 Ownership of Work Product....................................................................................3 Article5 Contract Time...........................................................................................................4 Article6 Contract Price...........................................................................................................7 Article 7 Procedure for Payment.........................................................................................14 Article 8 Termination for Convenience...............................................................................15 Article 9 Representatives of the Parties.............................................................................16 Article 10 Bonds and Insurance............................................................................................17 Article 11 Other Provisions....................................................................................................18 DBIA Standard Form of Between Agreement Owner and Design -Builder- Cost Plus Fee with an Option for a Guaranteed Maximum Price This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification. This AGREEMENT is made as of the 9th day of March in the year of 2021, by and between the following parties, for services in connection with the Project identified below: OWNER: City of Temecula 41000 Main Street Temecula, CA 92590 DESIGN -BUILDER: De La Secura Builders, Inc dba (DLS) 1975 N Batavia Steet Orange, CA 92685 PROJECT: Margarita Recreation Center Design Build, Project No. PW 17-21 In consideration of the mutual covenants and obligations contained herein, Owner and Design -Builder agree as set forth herein. DBIA Document No. 530 Page 2 Standard Form of Agreement BetweenOwnerand Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America Article 1 Scope of Work 1.1 Design -Builder shall perform all design and construction services, and provide all material, equipment, tools and labor, necessary to complete the Work described in and reasonably inferable from the Contract Documents. Article 2 Contract Documents 2.1 The Contract Documents are comprised of the following: 2.1.1 All written modifications, amendments, minor changes, and Change Orders to this Agreement issued in accordance with DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design -Builder (2010 Edition) ("General Conditions of Contract"); 2.1.2 The GMP Exhibit referenced in Section 6.6.1.1 herein; or, Of appliGable, the GMP PrQposal aGG@pted by Q-A-4r10r in @nnQrdaAr_o 1n1ith Sertinn R L: 2 heroi A; 2.1.3 This Agreement, including all exhibits (List for example, performance standard requirements, performance incentive arrangements, markup exhibits, allowances, unit prices, or exhibit detailing offsite reimbursable personnel) but excluding, if applicable, the GMP Exhibit; 2.1.4 The General Conditions of Contract; and 2.1.5 Construction Documents prepared and approved in accordance with Section 2.4 of the General Conditions of Contract. Article 3 Interpretation and Intent 3.1 Design -Builder and Owner, prior to execution of the Agreement, (apd again if applicablo at the , shall carefully review all the Contract Documents, including the various documents comprising the Basis of Design Documents, for any conflicts or ambiguities. Design -Builder and Owner will discuss and resolve any identified conflicts or ambiguities prior to execution of the Agreement or, if applicable, prior to Owner's acceptance of the GMP Proposal. DBIA Document No. 530 Page 3 Standard Form of Agreement BetweenOwnerand Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America 3.2 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event inconsistencies, conflicts, or ambiguities between or among the Contract Documents are discovered after execution of the Agreement, or if applicable, after Owner's acceptance of the GMP Proposal, Design -Builder and Owner shall attempt to resolve any ambiguity, conflict or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. (Note, the parties are strongly encouraged to establish in the GMP Exhibitor GMP Proposal (as applicable) the priority of the various documents comprising such exhibitor proposal.) 3.3 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 3.4 If Owner's Project Criteria contain design specifications: (a) Design -Builder shall be entitled to reasonably rely on the accuracy of the information represented in such design specifications and their compatibility with other information set forth in Owner's Project Criteria, including any performance specifications; and (b) Design -Builder shall be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance have been adversely impacted by such inaccurate design specification. 3.5 The Contract Documents form the entire agreement between Owner and Design -Builder and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. Article 4 Ownership of Work Product 4.1 Work Product. All drawings, specifications and other documents and electronic data, including such documents identified in the General Conditions of Contract, furnished by Design -Builder to Owner under this Agreement ("Work Product") shall become the sole property of Owner and may be used, reused or otherwise disposed of by Owner without the permission of the Design -Builder. With respect to computer files containing data generated for the work, Design -Builder shall make available to Owner, upon reasonable written request by Owner, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. PtP_IIP_ct,,aI property rights, Gopyrights and/or patents, subjeGt to the pro�Asions set forth Sagtiops 4 2 DBIA Document No. 530 Page 4 Standard Form of Agreement BetweenOwnerand Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America Gr 4.5 Owner's Indemnification for Use of Work Product. If Owner uses the Work Product, in whole or in part, for any facility other than the Project, without the written consent of the Design -Builder, Owner shall defend, indemnify and hold harmless Design -Builder or anyone working by or through Design -Builder, including Design Consultants of any tier, from and against any and all claims, damages, liabilities, losses and expenses, including attorneys' fees, arising out of or resulting from the use or alteration of the Work Product. DBIA Document No. 530 Page 5 Standard Form of Agreement BetweenOwnerand Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America Article 5 Contract Time 5.1 Date of Commencement. The Work shall commence within five (5) days of Design -Builder's receipt of Owner's Notice to Proceed ("Date of Commencement") unless the parties mutually agree otherwise in writing. 5.2 Substantial Completion and Final Completion. 5.2.1 Substantial Completion of the entire Work shall be achieved no later than six hundred twenty three (623) calendar days after the Date of Commencement ("Scheduled Substantial Completion Date"). >0 The parties agree that the definition for Substantial Completion set forth in Section 1.2.18 of the General Conditions of Contract is hereby modified to read as follows: "Substantial Completion is the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete in accordance with the Contract Documents so that Owner can occupy and use the Project or a portion thereof for its intended purposes, provided, however, that Substantial Completion shall be deemed to have been achieved no later than the date of issuance of a Temporary Certificate of Occupancy issued by the local building official." 5.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work ("Scheduled Interim Milestone Dates") shall be achieved as follows: (Insert any interim milestones for portions of the Work with different scheduled dates for Substantial Completion) 5.2.3 Final Completion of the Work or identified portions of the Work shall be achieved as expeditiously as reasonably practicable. Final Completion is the date when all Work is complete pursuant to the definition of Final Completion set forth in Section 1.2.7 of the General Conditions of Contract. 5.2.4 All of the dates set forth in this Article 5 (collectively the "Contract Time(s)") shall be subject to adjustment in accordance with the General Conditions of Contract. 5.3 Time is of the Essence. Owner and Design -Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. 5.4 Liquidated Damages. Design -Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Owner will suffer damages which are difficult to determine and accurately specify. Design -Builder agrees that if Substantial Completion is not attained by -fifteen (15) days after the Scheduled Substantial Completion Date (the "LD Date"), Design -Builder shall pay Owner One Thousand Dollars ($1000.00) as liquidated damages for each day that Substantial Completion extends beyond the LD Date. DBIA Document No. 530 Page 6 Standard Form of Agreement BetweenOwnerand Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America cinn_Riiilrlor'c liability fnr aQtual damages for delays oxGeed DpIlars 1 5.5 Any liquidated damages assessed pursuant to this Agreement shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature, incurred by Owner which are occasioned by any delay in achieving the Contract Time(s). liclwidated damages that rpay be assess6;d WAdAP this Agreem0pt f9p f9ok-r49 W @QhiQ\A; thR G_QPtPaGt Time(s) shall ho nQllars 56 E=2rl Completion Ron-m If &,bstantial Cnm; lgtlora 's attainorl nn nr hofnro )days bp-forp- the- Srhedidled S_ Completion Date (the "RQA1 19 DAtA" pay Des igA__R 1_10 Id -Or -at the time of Fipal PaYM8At undc9r 7.3 hereof ap early Gompletion hopus of Dellors ($ \ fnr oarh day that S ih8taAtial GGIMPIofinn is ofloinorJ >C] In addition to Design -Builder's right to a time extension for those events set forth in Section 8.2.1 of the General Conditions of Contract, Design -Builder shall also be entitled to an appropriate adjustment of the Contract Price for those events set forth in Section 8.2.1 of the General Conditions of Contract, provided, however, for Force Majeure Events, Design -Builder shall only be entitled to an increase in the Contract Price if said events exceed twenty (20) cumulative days. Said additional compensation shall be limited to: [Check one box only] ❑ $ dollars a day for each day work is delayed beyond the Scheduled Substantial Completion Date. or X❑ the direct costs and expenses Design -Builder can demonstrate it has reasonably and actually incurred as a result of such event. DBIA Document No. 530 Page 7 Standard Form of Agreement BetweenOwnerand Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America Article 6 Contract Price 6.1 Contract Price. 6.1.1 Owner shall pay Design -Builder in accordance with Article 6 of the General Conditions of Contract a contract price ("Contract Price") equal to Design -Builder's Fee (as defined in Section 6.2 hereof) plus the Cost of the Work (as defined in Section 6.3 hereof), subject to any GMP established in Section 6.6 hereof and any adjustments made in accordance with the General Conditions of Contract. 6.1.2 For the specific Work set forth below, Owner agrees to pay Design -Builder, as part of the Contract Price, on the following basis: (This is an optional section intended to provide the parties with flexibilityto identify and price limited preliminary services, such as a lump sum or cost-plus arrangement for preliminary design, programming, or services necessary to enable Design -Builder to furnish Owner with a GMP before execution of this Agreement.) 6.2 Design -Builder's Fee. 6.2.1 Design -Builder's Fee shall be: [Choose one of the following.] ❑ Dollars ($ ), as adjusted in accordance with Section 6.2.2 below. or X❑ eight percent (8%) of the Cost of the Work, as adjusted in accordance with Section 6.2.2 below. 6.2.2 Design -Builder's Fee will be adjusted as follows for any changes in the Work: 6.2.2.1 For additive Change Orders, including additive Change Orders arising from both additive and deductive items, it is agreed that Design -Builder shall receive a Fee of eight percent (8%) of the additional Costs of the Work incurred for that Change Order, plus any other markups set forth as agreed in the change order. 6.2.2.2 For deductive Change Orders, including deductive Change Orders arising from both additive and deductive items, the deductive amounts shall include: er X❑ An amount equal to the sum of: (a) eight percent (8%) applied to the direct costs of the net reduction (which amount will account for a reduction associated with Design - Builder's Fee); plus (b) any other markups set forth in the Change Order applied to the direct costs of the net reduction. DBIA Document No. 530 Page 8 Standard Form of Agreement BetweenOwnerand Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America 6.3 Cost of the Work. The term Cost of the Work shall mean costs reasonably and actually incurred by Design -Builder in the proper performance of the Work. These items are included within the GMP, and are not individually billable. The Cost of the Work shall include only the following: 6.3.1 Wages of direct employees of Design -Builder performing the Work at the Site or, with Owner's agreement, at locations off the Site; provided, however, that the costs for those employees of Design -Builder performing design services shall be calculated on the basis of prevailing market rates for design professionals performing such services or, if applicable, those rates set forth in an exhibit to this Agreement. 6.3.2 Wages or salaries of Design -Builder's supervisory and administrative personnel engaged in the performance of the Work and who are located at the Site or working off -Site to assist in the production or transportation of material and equipment necessary for the Work. 6.3.3 Wages or salaries of Design -Builder's personnel stationed at Design -Builder's principal or branch offices, bUt rnly to the A-VtA-At girl PorcnAAGI X9 idA-Atifi9d OA Exhibit at rl�n_Ri1ildW'c PrinriPAI nr hYonrh effires shall iACII-I e A. 0 6.3.4 Costs incurred by Design -Builder for employee benefits, premiums, taxes, insurance, contributions and assessments required by law, collective bargaining agreements, or which are customarily paid by Design -Builder, to the extent such costs are based on wages and salaries paid to employees of Design -Builder covered under Sections 6.3.1 through 6.3.3 hereof. ■.HNINNIFIR 6.3.6 Payments properly made by Design -Builder to Subcontractors and Design Consultants for performance of portions of the Work, including any insurance and bond premiums incurred by Subcontractors and Design Consultants. 6.3.7 Costs incurred by Design -Builder in repairing or correcting defective, damaged or nonconforming Work (including any warranty or corrective Work performed after Substantial Completion), provided that such Work was beyond the reasonable control of Design -Builder, er and not the negligence, ordinary mistakes or inadvertence of Design -Builder or those working by or through Design -Builder. If the costs DBIA Document No. 530 Page 9 Standard Form of Agreement BetweenOwnerand Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America associated with such Work are recoverable from insurance, Subcontractors or Design Consultants, Design -Builder shall exercise its best efforts to obtain recovery from the appropriate source and provide a credit to Owner if recovery is obtained. 6.3.8 Costs, including transportation, inspection, testing, storage and handling, of materials, equipment and supplies incorporated or reasonably used in completing the Work. 6.3.9 Costs (less salvage value) of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by the workers that are not fully consumed in the performance of the Work and which remain the property of Design -Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining, dismantling and removing such items. 6.3.10 Costs of removal of debris and waste from the Site. 6.3.11 The reasonable costs and expenses incurred in establishing, operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charges, telephone service, photocopying and reasonable petty cash expenses. 6.3.12 Rental charges and the costs of transportation, installation, minor repairs and replacements, dismantling and removal of temporary facilities, machinery, equipment and hand tools not customarily owned by the workers, which are provided by Design -Builder at the Site, whether rented from Design -Builder or others, and incurred in the performance of the Work. 6.3.13 Premiums for insurance and bonds required by this Agreement or the performance of the Work. 6.3.14 All fuel and utility costs incurred in the performance of the Work. 6.3.15 Sales, use or similar taxes, tariffs or duties incurred in the performance of the Work. 6.3.16 Legal costs, court costs and costs of mediation and arbitration reasonably arising from Design -Builder's performance of the Work, provided such costs do not arise from disputes between Owner and Design -Builder. 6.3.17 Costs for permits, royalties, licenses, tests and inspections incurred by Design -Builder as a requirement of the Contract Documents. DBIA Document No. 530 Page 10 Standard Form ofAgreement Between Owner and Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America 6.3.18 The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner, paying legal judgments against Design -Builder resulting from such suits or claims, and paying settlements made with Owner's consent. 6.3.19 Deposits which are lost, except to the extent caused by Design -Builder's negligence. 6.3.20 Costs incurred in preventing damage, injury or loss in case of an emergency affecting the safety of persons and property. 6.3.21 Accounting and data processing costs related to the Work. 6.3.22 Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner. 6.4 Allowance Items and Allowance Values. 6.4.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in the GMP Exhibit or GMP Proposal and are included within the GMP. 6.4.2 Design -Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design -Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design -Builder that the Allowance Item in question can be performed for the Allowance Value. 6.4.3 No work shall be performed on any Allowance Item without Design -Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design -Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design -Builder, Design -Builder may be entitled to an adjustment of the Contract Time(s) and Contract Price. 6.4.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design -Builder's overall project management and general DBIA Document No. 530 Page 11 Standard Form of Agreement Between Owner and Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America conditions costs, overhead and fee, are deemed to be included in the original Contract Price, and are not subject to adjustment, regardless of the actual amount of the Allowance Item. I■ IN -------------- ■_ 6.4.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Price shall be adjusted accordingly by Change Order, subject to Section 6.4.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design -Builder for the particular Allowance Item and the Allowance Value. 6.5 Non -Reimbursable Costs. 6.5.1 The following shall not be deemed as costs of the Work: 6.5.1.1 Compensation for Design -Builder's personnel stationed at Design -Builder's principal or branch offices, except as provided for in Sections 6.3.1, 6.3.2 and 6.3.3 hereof. 6.5.1.2 Overhead and general expenses, except as provided for in Section 6.3 hereof, or which may be recoverable for changes to the Work. 6.5.1.3 The cost of Design -Builder's capital used in the performance of the Work. 6.5.1.4 If the parties have agreed on a GMP, costs that would cause the GMP, as adjusted in accordance with the Contract Documents, to be exceeded. 6.5.1.5 The cost of travel, accommodations and meals for Design -Builder's personnel.. 6.6 The Guaranteed Maximum Price ("GMP"). 6.6.1 GMP Established Upon Execution of this Agreement. 6.6.1.1 Design -Builder guarantees that it shall not exceed the GMP of eight million six hundred eighty thousand four hundred fifty nine Dollars ($8,680,459.00). Documents and exclusions used as a basis for the GMP shall be identified in an exhibit to this Agreement ("GMP Exhibit"). Design -Builder does not guarantee any specific line item provided as part of the GMP, and has the sole discretion to apply payment due to overruns in one line item to savings due to underruns in any other line item. Design -Builder agrees, however, that itwill be responsible for paying all costs of completing the Work which exceed DBIA Document No. 530 Page 12 Standard Form of Agreement BetweenOwnerand Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America the GMP, as adjusted in accordance with the Contract Documents. (144 9A49(;44OQ& b4149 6.6.1.2 The GMP includes a Contingency in the amount of seventy three thousand nine hundred eighty four and 77/100 Dollars ($73,984.77) which is available for Design - Builder's exclusive use for unanticipated costs it has incurred that are not the basis for a Change Order under the Contract Documents. By way of example, and not as a limitation, such costs may include: (a) trade buy-out differentials; (b) overtime or acceleration; (c) escalation of materials; (d) correction of defective, damaged or nonconforming Work, design errors or omissions, however caused; (e) Subcontractor defaults; or (f) those events under Section 8.2.2 of the General Conditions of Contract that result in an extension of the Contract Time but do not result in an increase in the Contract Price. The Contingency is not available to Owner for any reason, including, but not limited to changes in scope or any other item which would enable Design -Builder to increase the GMP under the Contract Documents. Design -Builder shall provide Owner notice of all anticipated charges against the Contingency, and shall provide Owner as part of the monthly status report required by Section 2.1.2 of the General Conditions of Contract an accounting of the Contingency, including all reasonably foreseen uses or potential uses of the Contingency in the upcoming three (3) months. Design -Builder agrees that with respect to any expenditure from the Contingency relating to a Subcontractor default or an event for which insurance or bond may provide reimbursement, Design -Builder will in good faith exercise reasonable steps to obtain performance from the Subcontractor and/or recovery from any surety or insurance company. Design -Builder agrees that if Design -Builder is subsequently reimbursed for said costs, then said recovery will be credited back to the Contingency. DBIA Document No. 530 Page 13 Standard Form of Agreement Between Owner and Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America DBIA Document No. 530 Page 14 Standard Form of Agreement Between Owner and Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America 6.6.3 Savings. 6.6.3.1 If the sum of the actual Cost of the Work and Design -Builder's Fee (and, if applicable, any prices established under Section 6.1.2 hereof) is less than the GMP, as such GMP may have been adjusted over the course of the Project, the difference ("Savings") shall be shared as follows: X❑ twenty-five percent (25%) to Design -Builder and Seventy-five percent (75%) to Owner. er ._ . , ■- . , 6.6.3.2 Savings shall be calculated and paid as part of Final Payment under Section 7.3 hereof, with the understanding that to the extent Design -Builder incurs costs after Final Completion which would have been payable to Design -Builder as a Cost of the Work, the parties shall recalculate the Savings in light of the costs so incurred, and Design -Builder shall be paid by Owner accordingly. DBIA Document No. 530 Page 15 Standard Form of Agreement Between Owner and Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America Article 7 Procedure for Payment 7.1 Progress Payments. 7.1.1 Design -Builder shall submit to Owner on the twenty-fifth (25th) day of each month, beginning with the first month after the Date of Commencement, Design -Builder's Application for Payment in accordance with Article 6 of the General Conditions of Contract. 7.1.2 Owner shall make payment within ten 44) thirty (30) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with Article 6 of the General Conditions of Contract, but in each case less the total of payments previously made, and less amounts properly withheld under Section 6.3 of the General Conditions of Contract. 7.1.3 If Design -Builder's Fee under Section 6.2.1 hereof is a fixed amount, the amount of Design - Builder's Fee to be included in Design -Builder's monthly Application for Payment and paid by Owner shall be proportional to the percentage of the Work completed, less payments previously made on account of Design -Builder's Fee. 7.2 Retainage on Progress Payments. 7.2.1 Owner will retain five percent (5%) of each Application for Payment provided, however, that when fifty percent (50%) of the Work has been satisfactorily completed by Design -Builder and Design -Builder is otherwise in compliance with its contractual obligations, Owner will not retain any additional retention amounts from Design -Builder's subsequent Applications for Payment. Owner will also reasonably consider reducing retainage for Subcontractors completing their work early in the Project. - - - - - -- -- - - --- - - ■_ ■. • , ■_ DBIA Document No. 530 Page 16 Standard Form of Agreement Between Owner and Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America 7.3 Final Payment. Design -Builder shall submit its Final Application for Payment to Owner in accordance with Section 6.7 of the General Conditions of Contract. Owner shall make payment on Design - Builder's properly submitted and accurate Final Application for Payment (including all retained amounts, less any amount the parties may have agreed to set aside for warranty work) within ten (10) sixty (60) days after Owner's receipt of the Final Application for Payment, provided that Design -Builder has satisfied the requirements for final payment set forth in Section 6.7.2 of the General Conditions of Contract. Owner shall Mthhold five percent (5%) of the Contract Price from the final payment until at least thirty-five days after recordation of the Notice of Completion, or recordation of a notice of cessation. but not longer than the period permitted by Public Contract Code Section 7107. 7.4 final payrnept, shall bear ipterest GQ_rPM@AG1Pg fiV@ (5) days after payM@At Is due at the rate of norron4 / %) nor mnn#h i ptil paid 7.5 Record Keeping and Finance Controls. Design -Builder acknowledges that this Agreement is to be administered on an "open book" arrangement relative to Costs of the Work. Design -Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles and as may be provided in the Contract Documents. During the performance of the Work and for a period of three (3) years after Final Payment, Owner and Owner's accountants shall be afforded access to, and the right to audit from time -to -time, upon reasonable notice, Design -Builder's records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the Work, all of which Design -Builder shall preserve for a period of three (3) years after Final Payment. Such inspection shall take place at Design -Builder's offices during normal business hours unless another location and time is agreed to by the parties. Any multipliers or markups agreed to by the Owner and Design - Builder as part of this Agreement are only subject to audit to confirm that such multiplier or markup has been charged in accordance with this Agreement, with the composition of such multiplier or markup not being subject to audit. Article 8 Termination for Convenience 8.1 Upon ten (10) days' written notice to Design -Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design -Builder for the following: 8.1.1 All Work executed and for proven loss, cost or expense in connection with the Work; 8.1.2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and 8.1.3 [Choose one of the following.] X❑ The fair and reasonable sums for overhead and profit on the sum of items 8.1.1 and 8.1.2 above. er DBIA Document No. 530 Page 17 Standard Form of Agreement BetweenOwnerand Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America 8.2 In addition to the amounts set forth in Section 8.1 above, Design -Builder shall be entitled to receive one of the following as applicable: 8.2.1 If Owner terminates this Agreement prior to commencement of construction, Design - Builder shall be paid zero percent (0%) of the remaining balance of the Contract Price, provided, however, that if a GMP has not been established, the above percentage shall be applied to the remaining balance of the most recent estimated Contract Price. 8.2.2 If Owner terminates this Agreement after commencement of construction, Design -Builder shall be paid zero percent (0%) of the remaining balance of the Contract Price, provided, however, that if a GMP has not been established, the above percentage shall be applied to the remaining balance of the most recent estimated Contract Price. Article 9 Representatives of the Parties 9.1 Owner's Representatives. 9.1.1 Owner designates the individual listed below as its Senior Representative ("Owner Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions Of Contract: (Identifyindividual's name, title, address and telephone numbers) Nino Abad Associate Civil Engineer City of Temecula (951) 308-6385 Nino.Abad@TemeculaCA.gov 9.1.2 Owner designates the individual listed below as its Owner's Representative, which individual has the authority and responsibility set forth in Section 3.4 of the General Conditions of Contract: (identify individual's name, title, address and telephone numbers) Jim Trammel, P.E. Senior Construction Manager Civil Source, an NV5 Company 9890 Irvine Center Drive Irvine, CA 92618 (949) 244-9877 Jim.Trammell@nv5.com> DBIA Document No. 530 Page 18 Standard Form of Agreement BetweenOwnerand Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America 9.2 Design -Builder's Representatives. 9.2.1 Design -Builder designates the individual listed below as its Senior Representative ("Design -Builder's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual'sname, title, address and telephone numbers) 9.2.2 Design -Builder designates the individual listed below as its Design -Builder's Representative, which individual has the authority and responsibility set forth in Section 2.1.1 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers) Article 10 Bonds and Insurance 10.1 Insurance. Design -Builder and Owner shall procure the insurance coverages set forth in the Insurance Exhibit attached hereto and in accordance with Article 5 of the General Conditions of Contract. 10.2 Bonds and Other Performance Security. Design -Builder shall provide the following performance bond and labor and material payment bond or other performance security: Performance Bond. Required ❑ Not Required Payment Bond. Required ❑ Not Required Other Performance Security. Required ❑ Not Required 10.2.1 Design -Builder shall obtain a Payment Bond in an amount equal to one hundred percent (100%) of the Contract Price and a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Price. The Payment Bond shall remain in full force and effect for the period specified in the attached form of bond. The Performance Bond shall remain in full force and effect for as long as Design - Builder has obligations under the Contract Documents, including the period specified in Section 2.10 of the General Conditions. The Bonds must comply with all conditions regarding bonds detailed in this Agreement and the General Conditions. DBIA Document No. 530 Page 19 Standard Form of Agreement BetweenOwnerand Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America Article 11 Other Provisions 11.1 Other provisions, if any, are as follows: (Insert any additional provisions) 11.1.1 This Agreement is entered into pursuant to Division 2, Part 3, Chapter 4 of the Public Contract Code. 11.1.2 Prevailing Wages. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code. As to those services that are "public works", Design - Builder shall comply in all respects with all applicable provisions of the California Labor Code and Title 8 of the California Code of Regulations, including those set forth in Exhibit G hereto. 11.1.3 Skilled and Trained Workforce. Design -Builder and its subcontractors at every tier will use a skilled and trained workforce to perform all Work that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of the Public Contract Code. Design -Builder executed and submitted to Owner an enforceable commitment to use a skilled and trained workforce as part of its submittal to the Request for Qualifications for this Agreement. 11.1.4 REQUIREMENT TO MITIGATE THE SPREAD OF COVID-19. The Design -Builder and all subcontractors for the Work shall comply with all applicable Federal, State, Riverside County, and City of Temecula statutes, regulations, orders, and ordinances. This requirement specifically includes, without limitation, compliance with the "Safety and Health Guidance COVID-19 Infection Prevention in Construction" issued by the California Department of Industrial Relations, Division of Occupational Safety and Health and Safety on July 20, 2020 and as may be amended from time to time by the Department, relating to mitigating the transmission of COVID-19 on the project site and mitigating the transmission of COVID-19 by employees or workers of Design -Builder and its subcontractors in their contacts with City employees and consultants. Prior to the pre -construction meeting, the Design -Builder shall submit to the City a "COVID-19 Mitigation Program" implementing these requirements and shall post the COVID-19 Mitigation Program on the project site in a manner designated by the City's Project Manager. The failure of employees or workers of the Design -Builder and all subcontractors on the Work to comply with these requirements may result in Owner ordering Design -Builder in writing to stop and suspend the Work until the failure has been remedied to the satisfaction of the Owner Representative. Design -Builder acknowledges that, notwithstanding Section 11.1 of the General Conditions or any other provision of the Contract Documents, in the event that Owner suspends the Work as a result of such failure by Design -Builder or one of its subcontractors to comply with these requirements, Owner is not responsible for the delay, and the Design -Builder is not entitled to any adjustment of Contract Price or Contract Time pursuant to Section 11.1.2. The Design -Builder shall also pay to the City the costs and expenses incurred by the City resulting from the failure of employees of the Design -Builder and all subcontractors on the Work to comply with these requirements including, but not limited to, the salaries and benefits for City employees who are unable to work, and workers compensation benefits and expenses. 11.1.4 COVID-19 PANDEMIC- NO EXTENSION OF TIME OR PRICE ADJUSTMENT. Notwithstanding Sections 1.2.8 and 8.2 of the General Conditions of Contract, the parties agree that no extension of time or adjustment in the Contract Price will be granted for any event, including pandemics, leading to the issuance of a "stay at home" or similar kind of order by any local, State, or federal governmental authority, if the Work has been deemed, either by emergency order or proclamation, or operation of law, to be an essential service that is exempt from such stay at home or similar order. 11.2 Listing of Exhibits and documents incorporated herein: Exhibit A —Owner's Project Criteria Exhibit B — GMP Exhibit DBIA Document No. 530 Page 20 Standard Form of Agreement BetweenOwnerand Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America Exhibit C - Schedule for Execution of Work Exhibit D - Insurance Exhibit Exhibit E - Form of Payment Bond Exhibit F - Form of Performance Bond Exhibit G - California Labor Law Requirements ' - - _ - - --- - - - - -- - _ -- - - - - -- - - -- -- ■_ ■. >C] Any claims, disputes, or controversies between the parties arising out of or related to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth in Section 10.2 of the General Conditions of Contract shall be resolved in a court of competent jurisdiction in the state in which the Project is located. DBIA Document No. 530 Page 21 Standard Form of Agreement BetweenOwnerand Design -Builder -Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America In executing this Agreement, Owner and Design -Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein. DATED: L �i qT� DATED: ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney Des ign-Builder: De La Secura Builders, Inc dba (DLS) 1975 N Batavia Steet Oranne_ CA 92RR5 Print or type NAME President Print or type TITLE* CITY OF TEMECULA Maryann Edwards, Mayor Caution: An original DBIA document has this caution printed in blue. This is a printable copy and an original assures that changes will not be obscured as may occur when documents are reproduced. MSY 02-24-2021 DBIA Document No. 530 Page 22 Standard Form of Agreement Between Ownerand Design -Builder- Cost Plus Fee with an Option fora GMP © 2010 Design -Build Institute of America ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On February 19, 2021 before me, Kathy Akhavi, Notary Public (insert name and title of the officer) personally appeared Scott Schalliol who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Lem KATHY AKHAVI Notary Public • California0range County Commission M 2330294 y Comm. Expires Jul 12, 2024 r The license for use of this document expires 1 year from the date of purchase. To renew your license, visit store.dbia.org. Questions? We're here to help. Contact us Design -Build Institute of America 1331 Pennsylvania Ave. NW, 41" Floor Washington, DC 20004 (202) 682-0110 dbia(a)_dbia.org Exhibit A Owners Project Criteria Owner's Project Criteria includes the following: - All services and requirements of City of Temecula Request for Proposal (RFP) No. 255 for Margarita Recreation Center Design Build, PW17-21 - All Addendums issued as part of RFP No 255 including Addendum 1 dated December 12, 2020. - All documents, standards, or criteria referenced in, or included with the above documents, the general conditions, and this agreement. This includes, but is not limited to, the Margarita Recreation Center Schematic Design Guidelines dated March 2, 2020. Unless specifically modified in this Exhibit A, project shall be delivered per the aforementioned documents. The specific revisions agreed by the Owner and Design -Builder are as follows: 1 Maintain Fire Lane in lieu of vegetated swale noted in RFP in order to comply with CFC 2 Remove submerged walls and seats in pool to comply with code; 9' pool depth with 3/4 meter diving board and or 30" above water line 3 Rearrange Multi -purpose room for better connectivity to pool and outdoor patio use. 4 Rearrange locker rooms and toilet facility to be more efficient 5 Relocate outdoor lockerarea to allow for more usable deck space 6 Enlarged electrical room; we believe the RFP was undersized. 7 Relocate classroom to more prominent location with direct access to kitchen. 8 Relocate storage to less prominent space and direct access to service road for loading 9 Clerestory glazing reduction by 30% 10 Building Exterior finish per Design Criteria. Stone Veneer/Ceramic Wainscot up to value of allowance item in GMP Exhibit 11 Pool storage and Equipment cmu or prefab metal 12 Reducedlandscape 13 Added a pool access point closer to the entry/ reception area + adjusted the original pool acceess point 14 Rearranged the rooms to both allow for future expansion, as well as access to a third patio 15 Relocated the trash room 16 H R office relocated to allow for windows to the exterior Revision # Correlates to like number in Floor Plan Revision Dated 2/17/2021 1 E ST1 NO FIRE LANE 12 15 (EleYarRd _ rFot shoym� NIEECR H'A.LL • .. -" - ELFAI e0SE S: E[EAK Sr3R.c. AWN STCfAGE KRCXEN ]lR 5f FM[CEIMM �ii Ice SF 5 .�. rAiM CVl5L1ApA '�xSF SBN SF %6SF PATIO' I�a� T' J C.Gf Er 1''-EF'IOX i36:F '�: 36;F PA710 ygly w1oEx1 KOMEr'S�' FAME* EEEEEOON PATIO r ACCESS V EEAE[IOEI 1IISF F ms 11I5F } ACCESS BOB -0 13 BUILDINO ENTRANCE _— -AM NICF-WF4E-IJ 6CCl1hiER f it REFBOER TOR EN5 Lx KFR N.LA IIFKHIAm OFRCE i +kEllz. ;iww.�see i f ti POOL ACCESS i f } mudiFRRFOSF E60M II PoSEe AOFFICES f 5: OPERAEILE PAREiIRpi 1'3 5: f 1RAC%ABOYE OJ"OCR SHOKE�S f f {Jfjf 1 10 �. 3 1 MULTFUMnE PA1I0 11 } l i NLS.SVA Q I emecu�Marg A1akFlLirus9rn -tar 57 �F Exhibit B Guaranteed Maximum Price Exhibit 2/18/2021 OWNER: CITY OF TEMECULA ADDRESS: 41000 MAIN STREET ORAN00- CALM PROJECT: MARGARITA RECREATION CENTER LOCATION: 29119 MARGARITA ROAD TEMECULA, CA 92590 TEMECULA, CA 92591 BID DATE: 12/23/2020 RFP No. 255, PW17-21 PHONE: (951) 308-6385 CONTACT: NINO ABAD REVISION #3 DESIGN COST PROPOSAL ITEM NO. DESCRIPTION COST 1 Design Development $199,200.00 2 Construction Documents $238,500.00 3 Construction Administration $99,300.00 4 Preconstruction Services / Plan Check & Approval $28,000.00 5 Reimbursable Incl. 6 Contingency $0.00 TOTAL DESIGN COST: $565,000.00 CONSTRUCTION COST PROPOSAL DIV. NO. TRADE COST 1 General Requirements: Temporary Office, Fence, Power, Toilel $19,500.00 Waste Mgmt. & Disposal $15,750.00 Surveying $38,500.00 Cleaning $28,240.00 2 Existing Condition - Demolition $114,500.00 3 Concrete Foundation / Site Concrete $690,300.00 4 Masonry -Trash Enclosure $25,500.00 Stone Veneer / Ceramic Wainscot $65,000.00 5 Steel - Metal Canopies $79,200.00 Fabric Awnings $96,400.00 6 Wood, Plastic & Composite: Rough Carpentry $878,900.00 DLS Builders 1975 N. Batavia St., Orange, CA 92865 Tel.: (714) 998-3790 Casework $62,900.00 7 Thermal & Moisture Protection: Insulation $38,475.00 Roofing $198,730.00 Sheet Metal $39,800.00 Joint Sealants Included 8 Openings: Doors & Frames $43,420.00 Store Front Doors & Glazing $130,800.00 Modular Partition Door $25,750.00 9 Finishes: Lath & Plaster $195,850.00 Drywall $165,785.00 Ceramic Tile $122,530.00 T-Bar Ceiling $52,796.00 Flooring $70,480.00 Painting $45,664.00 10 Specialties: Signs $20,540.00 Lockers $28,956.00 Toilet Partitions & Accessories $21,020.00 12 Furnishings: Window Blinds $22,580.00 FF & E $42,000.00 13 Special Construction: Pool $1,294,000.00 14 Conveying Equipment N/A 21 Fire Sprinkler $103,670.00 22 Plumbing $255,300.00 23 Heating, Ventilating, & Air Conditioning $288,100.00 25 Integrated Automation N/A 26 Electrical $651,440.00 27 Communications $64,750.00 28 Electronic Safety & Security by City of Temecula Fire Alarm $49,900.00 31 Earthwork $175,380.00 32 Exterior Improvement: Paving $25,584.00 Fence $73,750.00 Irrigation & Planting $148,200.00 33 Site Utilities $95,764.00 Subtotal: $6,605,704.00 Supervision $104,000.00 Project Management $100,645.46 Insurance & Builder Risk $142,845.56 Bond $100,645.56 Contractor Fees $301,936.68 Commissioning $42 700.00 DLS Builders 1975 N. Batavia St., Orange, CA 92865 Tel.: (714) 998-3790 Contingency 1% $73,984.77 General Construction Cost: $866,758.03 Profit, 8% $642,996.96 TOTAL CONSTRUCTION COST: $8,115,459.00 COST FOR DESIGN & CONSTRUCTION: GMP $8,680,459.00 Thank you, for the opportunity to.pid this project. S�btt Schalliol President * Allowance ** Contingency ** DLS Builders 1975 N. Batavia St., Orange, CA 92865 Tel.: (714) 998-3790 BUILDERS ORANGE, CALIF. City of Temecula — Margarita Recreational Center RFP NO. 255 DLS Builders Design and Construction Rate Sheet DLS Builders Hourly Rates (Builder Principal $200.00 Accounting $120.00 Administration $85.00 Estimating $100.00 Project Manager $120.00 Project Engineer $95.00 Superintendent $140.00 Foreman $100.00 Labor Prevailing Wage Rate Applies SVA Architects, Inc Hourly Rates (Architect) Partner/Principal $225.00 Senior Project Architect / Manager $195.00 Senior Designer / Planner $195.00 Project Architect/Manager $175.00 Project Designer/Planner $175.00 Job Captain $155.00 Intermediate Designer / Draftsperson $125.00 Junior Designer / Draftsperson $100.00 Administrative Staff $85.00 KPFF Consulting Engineers (Civil Engineer) Principal $250.00 Senior Civil Engineer $205.00 Project Manager $185.00 Project Engineer/Surveyor $155.00 Design Engineer/Survey Analyst $140.00 Chief Drafter $170.00 Drafter / CAD Operator $140.00 Clerical/Admin $95.00 BUILDERS J J 11 Is ORANGE, CALIF. KPFF Consulting Engineer (Field Survey) One -Person Survey Crew $175.00 Two -Person Survey Crew $230.00 Three -Person Survey Crew $285.00 RJM Design Group, Inc. (Landscape Architect) Principal Landscape Architect $195.00 Associate Landscape Architect $170.00 Landscape Architect / Project Manager $155.00 Job Capitan / Landscape Designer $140.00 CADD Technician / Graphics $125.00 Word Processor $ 85.00 tklsc (MEP Engineering) Senior Principal $265.00 Principal $245.00 Senior Director $230.00 Director $210.00 Senior Associate $195.00 Associate $175.00 Senior Engineer $160.00 Engineer II $140.00 Engineer 1 $125.00 Designer $105.00 tklsc (Project Coordinator) Project Sr. Coordinator $145.00 Project Coordinator II $130.00 Project Coordinator 1 $110.00 Project Assistant $ 95.00 BUILDERS J J 11 Is ORANGE, CALIF. tklsc (Lighting Studio) Senior Principal $240.00 Principal $225.00 Senior Director $210.00 Director $195.00 Senior Associate $180.00 Associate $160.00 Senior Lighting Designer $145.00 Lighting Designer II $130.00 Lighting Designer 1 $115.00 Assistant Lighting Designer $100.00 tklsc (Commissioning) Senior Principal $250.00 Principal $235.00 Senior Director $215.00 Director $200.00 Senior Associate $185.00 Associate $165.00 Senior Cx Authority $150.00 Cx Authority $135.00 Cx Technician $115.00 Cx Assistant $100.00 tklsc (Code, Life Safety &Fire) Senior Principal $280.00 Principal $260.00 Senior Director $240.00 Director $225.00 Senior Associate $205.00 Associate $185.00 Senior FP Consultant $165.00 FP Consultant II $150.00 FP Consultant 1 $130.00 FP Technician $110.00 BUILDERS J J 11 Is ORANGE, CALIF. tklsc (BIM) BIM Senior Specialist $150.00 BIM Specialist II $135.00 BIM Specialist 1 $120.00 BIM Generalist $100.00 Exhibit C Schedule for Execution of Work ID Task Task Name Duration Stan Finish Qtrd, 2020 Q1r 1, 2021 QU 22021 Qtr 3. 2021 Qtrd, 2021 Qtr 1, 2022 Qtr 2. 2022 Qtr 3. 2022 Qtrd, 2022 Mode Aua Sep Otl Nov De Feb Apr lul Seo OR lan Feb Apr lun 4Sep Otl Oec 1 Ci[y of Temecula M R C 497days Wed 12/23/20 Thu I1/17/22 2 Proposal Submission 1 day Wed 12/23/20 Wed 12/23/20 3 Interview period 29 days Tue 1/5/21 Fri 2/12/21 4 Project Award/ City Council Approval 1day Tue 3/9/21 Tue 3/9/21 5 W Kickoff 1day Wed 3/10/21 Wed 3/10/21 "I 6 W Design Development 55 days Wed 3/10/21 Tue 5/25/21 7 W Const—ion Documents 66 days Wed 5/26/21 Wed 8/25/21 gW City Plan Check 66 days Thu 8/26/21 Thu 11,/25/21 9W Building Permit Issued 1 day Fri 11/26/21 Fri 11/26/21 10W Construction 253 days Mon 12/29/21 Wed 11/16/22 11W Mobilization 30 days Mon 11/29/21 Fri 12/10/21 12W Fence site 30 days Mon 11/29/21 Fri 12/10/21 13W SWPPP's 30 days Mon 11/29/21 Fri12/10/21 14W Constructiontrailerset-up 5days Mon 12/13/21 Fri 12/17/21 15 W Temp power 5days Mon 12/13/21 Fri 12/17/21 16W Dig Alert Services 5days Mon 12/13/21 Fri 12/17/21 17 W Pot Hole for UG utilities 30 days Mon 12/20/21 Fri 12/31/21 1gW Cut and Cap Utilities 5 days Wed 12/22/21 Tue 12/28/21 19W Demo existing Building 15 days Mon 1/3/22 Fri 1/21/22 20W Demo exsiting pool 30 days Mon 1/30/22 Fri 1/21/22 21 W Over -ex Site and compaction for Building 30 days Mon 1/24/22 Fri 2/4/22 22W Blue top pad 5 days Mon 2/7/22 Fri 2/11/22 23W Excavate for building pad and footings 30 days Mon 2/14/22 Fri 2/25/22 24W Excavate for underground utilities 30 days Mon 2/28/22 Fri 3/11/22 25W Backfill and compaction of utilities 30 days Mon 3/14/22 Fri 3/25/22 26 w Form work for concrete 30 days Mon 3/28/22 Fri 4/8/22 27 W Pour building footings and slab 1day Mon 4/11/22 Mon 4/11/22 28 W Furnish and install columns 10 days Tue 4/12/22 Mon 4/25/22 29 W Installation of perimeter walls 15 days Tue 4/26/22 Mon 5/16/22 30 w Set moftrusses 10 days Tue 5/17/22 Mon 5/30/22 31 w Sheetroof 10 days Tue 5/31/22 Mon 6/13/22 32 W Rough in fire sprinkler service 5days Tue 6/14/22 Mon 6/20/22 33 w Frame building walls 15 days Tue 6/14/22 Mon 7/4/22 34 w Install door jambs 5days Tue 6/14/22 Mon 6/20/22 35 W Frame up HVAC platforms 5days Tue 5/31/22 Mon 6/6/22 36 W Run all utilities through roof 5days Tue 6/14/22 Mon 6/20/22 37 W Install roof 10 days Tue 6/21/22 Mon 7/4/22 38 W Install perimeter window and door frames 10 days Tue 7/5/22 Mon 7/18/22 39 W Set new electrical panels 10 days Tue 7/5/22 Mon 7/18/22 40 W Pull electrical feeders from existing Xfrmr 5days Tue 7/19/22 Mon 7/25/ 22 41W paper for all exterior openings 5days Tue 7/19/22 Mon 7/25/22 42W Install lath 10 days Tue 7/26/22 Mon 8/8/22 43 W Scratch Coat 5days Tue 8/9/22 Mon 8/15/22 44W Brown Coat 5days Tue 8/16/22 Mon 8/22/22 45 W Color Coat 5days Tue 8/23/22 Mon 8/29/22 46 W Rough in utilties at interior walls 10 days Tue 7/5/22 Mon 7/18/22 1 W Insulation 5days Tue 8/23/22 Mon 8/29/22 48 W One side drywall 10 days Tue 8/30/22 Mon 9/12/22 49 W Second side 10 days Tue 9/13/22 Mon 9/26/22 50 W Tapping 10 days Tue 9/27/22 Mon 10/10/22 51 W Ceramic Tile installation 10 days Tue 10/11/22 Mon 10/24/22 52 Install Acoustical Ceilings 10 days Tue 10/11/22 Mon 10/24/22 53 Prime walls 10 days Tue 10/11/22 Mon 10/24/22 54W Painting 7days Tue 10/25/22 Wed 11/2/22 55 W flooring 10 days Tue 10/25/22 Mon 11/7/22 '.. 56 w Casework installation 5days Tue 11/8/22 Mon 11/14/22 57 W Set plumbing finish 10 days Thu 11/3/22 Wed 11/16/22 58 W Set HVAC finish 10 days Tue 10/25/22 Mon 11/7/22 ". 59 W Set electrical finish 10 days Tue 10/25/22 Mon 11/7/22 60 Room operable partition 5 days Tue 11/8/22 Mon 11/14/22 61 laz Installallgirg 10 days Tue 8/30/22 Mon 9/12/22 62 W indow treatment 5days Thu 11/3/22 Wed 11/9/22 63 w FF/E 5 days Tue 11/8/22 Mon 11/14F22- W Building Punchwalk 10 days Thu 11/3/22 Wed 11/16/22 65 w Site work 214 days Mon 1/24/22 Thu 11/17/22 66 w Excavate for pool 10 days Mon 1/24/22 Fri 2/4/22 67 W compaction 5 days Mon 2/7/22 Fri 2/11/22 68 w rough in pool utilities 10 days Mon 2/14/22 Fri 2/25/22 69 Rebar pool walls 7 days Mon 2/28/22 Tue 3/8/22 70 W Gunite walls 5days Wed 3/9/22 Tue 3/15/22 71 W plasterfinish 10 days Wed 3/16/22 be 3/29/22 72 W install pool equipment 15 days Wed 3/30/22 Tue 4/19/22 73 Install decking 15 days Wed 4/20/22 Tue 5/10/22 '.. 74 W Install surrounding hard stapes/lighting 20 days Wed 5/11/22 Tue Ell 75 W Install softscapes 15 days Wed 6/8/22 Tue 6/28/22 76 w Testing of irrigation 5days Wed 6/29/22 Tue 7/5/22 77 W Final ground cover 10 days Wed 7/6/22 Tue 7/19/22 Installproperty fencing 10 days Wed 7/20/22 Tue B/2/22 Install shdeirciures 10 days Wed 5/Il/22 Tue 5/24/22 Pool testing Sdays Wed B/3/22 Tue B/9/22 ji2 Commissioning 5days Wed 8/10/22 Tue 8/16/22 end user training 2days Wed 8/17/22 Thu 8/18/22 closeout 1day Fri 8/19/22 Fri 8/19/22W Grand Opening 1day Thu 11/17/22 Thu 11/17/22 Project Temecula M RC 021721 T ak Mile ne rto ♦ Pmjecl Summary �1 Ina r+e Mile ne Manual Tazk anual Summay Rooup SUn-only C Pxtemal Taskz Deadline ♦ ManualPrn,— d rto M Date: Thu 2/18/21 Split .......... Summary r -----1 n n n rve Summary I I r - I1�1 nual I—— r -----1 ini only 7 ma Mlk 1— ♦ Progress Page 1 Exhibit D Insurance Exhibit DELASEC-01 HFARMANI ,4coR0 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 2/28/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OM93299 SIP Insurance Services -Temecula 27403 Ynez Road, 110 Temecula, CA 92591 CONTACT Heidi Farmani NAME: PHONE FAX (A/C, No, Ext): (951) 365-3850 (A/C, No): ADDRESS: heidif@sipbrokers.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Hartford Fire Insurance Company 19682 INSURED INSURER B:Trumbull Insurance Company 27120 INSURER C: Everest National Insurance Company 10120 De La Secura Inc. DBA: DLS Builders 1975 N. Batavia Street INSURER D : Peleus Insurance Company 34118 INSURER E : Homeland Insurance Company of New York 34452 Orange, CA 92865 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM DD YYY POLICY EXP MM DD YYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ^ OCCUR 72UEAHD1693 3/2/2020 3/2/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 300,000 $ MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER: POLICYEl PECOT- LOC OTHER: Per Proj Agg endsmt on policy GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY 72UEAHD1692 3/2/2020 3/2/2021 COMBINED SINGLE LIMIT Ea accident 1,000,000 $ X BODILY INJURY Perperson) $ BODILY INJURY Per accident $ X PROPERTY DAMAGE Per accident $ C UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE XC1 EX00204-191 3/2/2020 3/2/2021 EACH OCCURRENCE $ 10,000,000 X AGGREGATE $ 10,000,000 DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 7600020166191 3/2/2020 3/2/2021 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ D E Professional Liab Pollution 121AE0003884-01 7930007640007 3/2/2020 3/2/2020 3/2/2021 3/2/2021 Occ/Agg Occ/Agg 2,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) General Liability Blanket Additional Insured Endorsement HG 00 01 09 16 where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Proof of Coverage Only 9 y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and 'bur" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit' seeking those damages. However, we will have no duty to defend the insured against any "suit' seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit' that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an 'occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice And Good Samaritan Coverage "Bodily injury" arising out of the rendering of or failure to render the following health care services by any "employee" or "volunteer worker" shall be deemed to be caused by an "occurrence" for: HG 00 01 09 16 Page 1 of 21 © 2016 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) (1) Professional health care services such as: (a) Medical, surgical, dental, laboratory, x- ray or nursing services or treatment, advice or instruction, or the related furnishing of food or beverages; (b) Any health or therapeutic service, treatment, advice or instruction; or (c) The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or (2) First aid services, which include: (a) Cardiopulmonary resuscitation, whether performed manually or with a defibrillator; or (b) Services performed as a Good Samaritan. For the purpose of determining the limits of insurance, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". However, this Incidental Medical Malpractice And Good Samaritan Coverage provision applies only if you are not engaged in the business or occupation of providing any of the services described in this provision. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: Page 2 of 21 HG 00 01 09 16 (a) Employment by the insured; or the handling, storage, disposal, (b) Performing duties related to the processing or treatment of waste; conduct of the insured's business; or (c) Which are or were at any time (2) The spouse, child, parent, brother or sister transported, handled, stored, treated, of that "employee" as a consequence of disposed of, or processed as waste by Paragraph (1) above. or for: This exclusion applies: (i) Any insured; or (1) Whether the insured may be liable as an (ii) Any person or organization for employer or in any other capacity; and whom you may be legally responsible; (2) To any obligation to share damages with or repay someone else who must pay (d) At or from any premises, site or damages because of the injury. location on which any insured or any contractors or subcontractors working This exclusion does not apply to liability directly or indirectly on any insured's assumed by the insured under an "insured behalf are performing operations if the contract". "pollutants" are brought on or to the If. Pollution premises, site or location in connection (1) "Bodily injury" or "property damage" with such operations by such insured, arising out of the actual, alleged or contractor or subcontractor. However, threatened discharge, dispersal, seepage, this subparagraph does not apply to: migration, release or escape of (i) "Bodily injury" or "property damage" "pollutants": arising out of the escape of fuels, (a) At or from any premises, site or lubricants or other operating fluids location which is or was at any time which are needed to perform the owned or occupied by, or rented or normal electrical, hydraulic or loaned to, any insured. However, this mechanical functions necessary for subparagraph does not apply to: the operation of "mobile equipment" (1) "Bodily injury" if sustained within a or its parts, if such fuels, lubricants building and caused by smoke, or other operating fluids escape fumes, vapor or soot produced by from a vehicle part designed to or originating from equipment that hold, store or receive them. This exception does not apply if the is used to heat, cool or dehumidify "bodily injury" or "property damage" the building, or equipment that is arises out of the intentional used to heat water for personal discharge, dispersal or release of use, by the building's occupants or the fuels, lubricants or other their guests; operating fluids, or if such fuels, (i i) "Bodily injury" or "property damage" lubricants or other operating fluids for which you may be held liable, if are brought on or to the premises, you are a contractor and the owner site or location with the intent that or lessee of such premises, site or they be discharged, dispersed or location has been added to your released as part of the operations policy as an additional insured with being performed by such insured, respect to your ongoing operations contractor or subcontractor; performed for that additional (i i) "Bodilyinjury" or "property damage" () p pert il g insured at that premises, site or sustained within a building and location and such premises, site or caused by the release of gases, location is not and never was fumes or vapors from materials owned or occupied by, or rented or brought into that building in loaned to, any insured, other than connection with operations being that additional insured; or performed by you or on your behalf (iii) "Bodily injury" or "property damage" by a contractor or subcontractor; or arising out of heat, smoke or fumes (iii) "Bodily injury" or "property damage" from a "hostile fire"; arising out of heat, smoke or fumes (b) At or from any premises, site or from a "hostile fire"; or location which is or was at any time (e) At or from any premises, site or used by or for any insured or others for location on which any insured or any contractors or subcontractors working HG 00 01 09 16 Page 3 of 21 directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: Page 4 of 21 HG 00 01 09 16 (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Access or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, HG 00 01 09 16 Page 5 of 21 public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Employment -Related Practices "Bodily injury" to: (1) A person arising out of any "employment — related practices"; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any "employment -related practices" are directed. This exclusion applies: (1) Whether the injury -causing event described in the definition of "employment - related practices" occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Asbestos (1) "Bodily injury" or "property damage" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". s. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our Page 6 of 21 HG 00 01 09 16 discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" arising out of an offense committed by, at the direction or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. i. Infringement Of Intellectual Property Rights (1) "Personal and advertising injury" arising out of any actual or alleged infringement or violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, trade dress, service mark or other designation of origin or authenticity; or (2) Any injury or damage alleged in any clam or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made by you or by any other party involved in the claim or "suit", regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to: (1) Infringement, in your "advertisement", of: (a) Copyright; (b) Slogan; or (c) Title of any literary or artistic work; or (2) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b. and c. of the definition of "personal and advertising injury" under the Definitions Section. HG 00 01 09 16 Page 7 of 21 For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others "Personal and advertising injury" arising out of: (1) An "advertisement" for others on your web site; (2) Placing a link to a web site of others on your web site; (3) Content, including information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site; or (4) Computer code, software or programming used to enable: (a) Your web site; or (b) The presentation or functionality of an "advertisement" or other content on your web site. q. Right Of Privacy Created By Statute "Personal and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. r. Violation Of Anti -Trust law "Personal and advertising injury" arising out of a violation of any anti-trust law. s. Securities "Personal and advertising injury" arising out of the fluctuation in price or value of any stocks, bonds or other securities. t. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Page 8 of 21 HG 00 01 09 16 u. Employment -Related Practices "Personal and advertising injury" to: (1) A person arising out of any "employment — related practices"; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any "employment -related practices" are directed. This exclusion applies: (1) Whether the injury -causing event described in the definition of "employment - related practices" occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos (1) "Personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". w. Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of HG 00 01 09 16 Page 9 of 21 any insured, if benefits for the "bodily injury' are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed to the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Page 10 of 21 HG 00 01 09 16 Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph If. above, are no longer met. SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (1)(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services: (a) Subparagraphs (1)(a), (1)(b) and (1)(c) above do not apply to any "employee" or "volunteer worker" providing first aid services; and (b) Subparagraph (1)(d) above does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only HG 00 01 09 16 Page 11 of 21 with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally Page 12 of 21 HG 00 01 09 16 undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person(s) or organization(s) from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or HG 00 01 09 16 Page 13 of 21 (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". f. Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. The limits of insurance that apply to additional insureds is described in Section III — Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard"; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products - completed operations hazard". 4. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and Page 14 of 21 HG 00 01 09 16 b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written HG 00 01 09 16 Page 15 of 21 contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or the additional insured is a partnership; (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also Page 16 of 21 HG 00 01 09 16 primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to HG 00 01 09 16 Page 17 of 21 impair them. At our request, the insured will other motor vehicle insurance law where it is bring "suit" or transfer those rights to us and licensed or principally garaged. help us enforce them. However, "auto" does not include "mobile b. Waiver Of Rights Of Recovery (Waiver Of equipment". Subrogation) 5. "Bodily injury" means physical: If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or a. I nj u ry; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or in a settlement we agree to. 7. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 8. "Employment -Related Practices" means: a. Refusal to employ that person; b. Termination of that person's employment; or c. Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. Page 18 of 21 HG 00 01 09 16 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work", or your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section III — Limits of Insurance; b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained HG 00 01 09 16 Page 19 of 21 primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication, in any manner, of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement". 18. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products - Page 20 of 21 HG 00 01 09 16 completed operations are subject to the General Aggregate Limit. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. As used in this definition, computerized or electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who a. Is not your "employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. HG 00 01 09 16 Page 21 of 21 Exhibit E Form of Payment Bond CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS LABOR AND MATERIALS BOND for INSERT TITLE OF WORK HERE PROJECT NO. PWXX-XX KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula has awarded to: NAME AND ADDRESS OF CONTRACTOR (hereinafter called "Contractor"), a contract for the work described as follows: INSERT TITLE OF WORK HERE, PROJECT NO. PWXX-XX (hereinafter called "Contract"), and WHEREAS, Contractor is required by the provisions of the Contract to furnish a bond in connection with the Contract, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned Contractor, as Principal, and NAME AND ADDRESS OF SURETY are duly authorized to transact business under the laws of the State of California, as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, material men, and other persons employed in the performance of the Contract and referred to in Section 9100 of the Civil Code, in the penal sum of DOLLARS AND CENTS ($ ), lawful money of the United States, said sum being not less than 100% of the estimated amount of the Contract Price payable by the City of Temecula under the terms of the Contract, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if Contractor, or its heirs, executors, administrators, successors, and assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, implements or machinery, used in, upon, for, or about the performance of the work under the Contract to be done, or for any work or labor thereon of any kind or for amounts due under Section 13020 of the Unemployment Insurance Code with respect to such work or labor, as required by Section 9550 et seq. of the Civil Code, and provided that the claimant shall have complied with the provisions of the Civil Code, the Surety shall pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. LABOR AND MATERIALS BOND LM-1 This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and shall also cover payment for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on this day of , 20 (Seal) SURETY: By: (Name) (Title) APPROVED AS TO FORM: PRINCIPAL: By: (Name) (Title) By: (Name) Peter M. Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. LABOR AND MATERIALS BOND LM-2 Exhibit F Form of Performance Bond CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. PERFORMANCE BOND for INSERT TITLE OF WORK HERE PROJECT NO. PWXX-XX KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula, State of California, entered into a Contract on this day of , 20 , hereinafter called "Contract," with NAME AND ADDRESS OF CONTRACTOR (hereinafter called "Principal"), for the work described as follows: INSERT TITLE OF WORK HERE, PROJECT NO. PWXX-XX; and WHEREAS, the Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, WE, the Principal, and NAME AND ADDRESS OF SURETY are duly authorized to transact business under the laws of the State of California, as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of Temecula in the penal sum of DOLLARS AND CENTS ($ ), lawful money of the United States, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if the Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions and agreements in Contract, including but not limited to Section 2.10 of the General Conditions to the Contract (correction of defective work), and in any alteration thereof made as therein provided, on its part to be kept and performed, at the time and in the manner therein specified, in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. PERFORMANCE BOND PB-1 The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on this day of , 20 (Seal) SURETY: PRINCIPAL: By: By: (Name) (Title) APPROVED AS TO FORM: (Name) (Title) By: (Name) Peter M. Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. PERFORMANCE BOND PB-2 Exhibit G California Labor Law Requirements EXHIBIT G TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Design -Builder ("Contractor") acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. Pursuant to Labor Code Section 1771.4, Contractor and each subcontractor shall furnish such records to the Labor Commissioner, at least monthly, in the form specified by the Labor Commissioner. G-1 12100-0001\2479375v1.doe 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, G-2 12100-0001\2479375v1.doc conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement. G-3 12100-0001\2479375v1.doc STANDARD FORM OF GENERAL CONDITIONS OF CONTRACT BETWEEN OWNER AND DESIGN -BUILDER Document No. 535 Second Edition, 2010 © Design -Build Institute of America Washington, DC TABLE OF CONTENTS Article Name Page Article1 General......................................................................................................................1 Article 2 Design -Builder's Services and Responsibilities..................................................2 Article 3 Owner's Services and Responsibilities.................................................................7 Article 4 Hazardous Conditions and Differing Site Conditions.........................................9 Article 5 Insurance and Bonds.............................................................................................10 Article6 Payment...................................................................................................................11 Article7 Indemnification........................................................................................................14 Article8 Time..........................................................................................................................15 Article 9 Changes to the Contract Price and Time...........................................................16 Article 10 Contract Adjustments and Disputes....................................................................18 Article 11 Stop Work and Termination for Cause...............................................................19 Article12 Electronic Data.......................................................................................................22 Article 13 Miscellaneous.........................................................................................................23 Article 1 General 1.1 Mutual Obligations 1.1.1 Owner and Design -Builder commit at all times to cooperate fully with each other, and proceed on the basis of trust and good faith, to permit each party to realize the benefits afforded under the Contract Documents. 1.2 Basic Definitions 1.2.1 Agreement refers to the executed contract between Owner and Design -Builder under either Sum (2010 Fiditi„R) or DBIA Document No. 530, Standard Form ofAgreement Betmen Owner and Design -Builder - Cost Plus Fee with an Option for a Guaranteed Maximum Price (2010 Edition). 1.2.2 Basis of Design Documents are as follows: For DBIA Document No. 530, Standard Form ofAgreement Between Owner and Design -Builder - Cost Plus Fee With an Option fora Guaranteed Maximum Price, the Basis of Design Documents are those documents specifically listed in, as applicable, the GMP Exhibit or GMP Proposal as being the "Basis of Design Documents." For DBIA apd the flo�eo#inn Lost, if apy Criteria, 1.2.3 Construction Documents are the documents, consisting of Drawings and Specifications, to be prepared or assembled by the Design -Builder consistent with the Basis of Design Documents unless a deviation from the Basis of Design Documents is specifically set forth in a Change Order executed by both the Owner and Design -Builder, as part of the design review process contemplated by Section 2.4 of these General Conditions of Contract. 1.2.4 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents. 1.2.5 Design -Build Team is comprised of the Design -Builder, the Design Consultant, and key Subcontractors identified by the Design -Builder. 1.2.6 Design Consultant is a qualified, licensed design professional who is not an employee of Design -Builder, but is retained by Design -Builder, or employed or retained by anyone under contract with Design -Builder, to furnish design services required under the Contract Documents. A Design Sub -Consultant is a qualified, licensed design professional who is not an employee of the Design Consultant, but is retained by the Design Consultant or employed or retained by anyone under contract to Design Consultant, to furnish design services required under the Contract Documents. 1.2.7 Final Completion is the date on which all Work is complete in accordance with the Contract Documents, including but not limited to, any items identified in the punch list prepared under Section 6.6.1 and the submission of all documents set forth in Section 6.7.2. 1.2.8 Force Majeure Events are those events that are beyond the control of both Design -Builder and Owner, including the events of war, floods, labor disputes, earthquakes, epidemics, adverse weather conditions not reasonably anticipated, and other acts of God. 1.2.9 General Conditions of Contract refer to this DBIA Document No. 535, Standard Form of General Conditions of Contract Betwwen Owner and Design -Builder (2010 Edition). DBIA Document No. 535 Page 2 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America 1.2.10 GMP Exhibit means that exhibit attached to DBIA Document No. 530, Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee With an Option for a Guaranteed Maximum Price, which exhibit will have been agreed upon by Owner and Design -Builder prior to the execution of the Agreement. 1.2.11 GMP Proposal means that proposal developed by Design -Builder in accordance with Section 6.6 of DBIA Document No. 530, Standard Form of Agreement Between Owner and Design - Builder - Cost Plus Fee With an Option for a Guaranteed Maximum Price. 1.2.12 Hazardous Conditions are any materials, wastes, substances and chemicals deemed to be hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of which are regulated by applicable Legal Requirements. 1.2.13 Legal Requirements are all applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi -government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work. 1.2.14 Owner's Project Criteria are developed by or for Owner to describe Owner's program requirements and objectives for the Project, including use, space, price, time, siteand expandability requirements, as well as submittal requirements and other requirements governing Design - Builder's performance of the Work. Owner's Project Criteria may include conceptual documents, design criteria, design performance specifications, design specifications, and LEED® or other sustainable design criteria and other Project -specific technical materials and requirements. 1.2.15 Site is the land or premises on which the Project is located. 1.2.16 Subcontractor is any person or entity retained by Design -Builder as an independent contractor to perform a portion of the Work and shall include materialmen and suppliers. 1.2.17 Sub -Subcontractor is any person or entity retained by a Subcontractor as an independent contractor to perform any portion of a Subcontractor's Work and shall include materialmen and suppliers. 1.2.18 Substantial Completion or Substantially Complete means the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete in accordance with the Contract Documents so that Owner can occupy and use the Project or a portion thereof for its intended purposes. 1.2.19 Work is comprised of all Design -Builder's design, construction and other services required by the Contract Documents, including procuring and furnishing all materials, equipment, services and labor reasonably inferable from the Contract Documents. Article 2 Design -Builder's Services and Responsibilities 2.1 General Services. 2.1.1 Design -Builder's Representative shall be reasonably available to Owner and shall have the necessary expertise and experience required to supervise the Work. Design -Builder's Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design -Builder. Design -Builder's Representative may be replaced only with the mutual agreement of Owner and Design -Builder. DBIA Document No. 535 Page 3 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America 2.1.2 Design -Builder shall provide Owner with a mopthly biweekly status report detailing the progress of the Work, including (i) whether the Work is proceeding according to schedule, (ii) whether discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) whether health and safety issues exist in connection with the Work; (iv) status of the contingency account to the extent provided for in the Standard Form of Agreement Between Owner and Design -Builder -Cost Plus Fee with an Option for a Guaranteed Maximum Price; and (v) other items that require resolution so as not to jeopardize Design -Builder's ability to complete the Work for the Contract Price and within the Contract Time(s). 2.1.3 Unless a schedule for the execution of the Work has been attached to the Agreement as an exhibit at the time the Agreement is executed, Design -Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated by Section 2.1.4 hereof, a schedule for the execution of the Work for Owner's review and response. The schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Owner information and approvals are required to enable Design -Builder to achieve the Contract Time(s). The schedule shall be revised as required by conditions and progress of the Work, but such revisions shall not relieve Design -Builder of its obligations to complete the Work within the Contract Time(s), as such dates may be adjusted in accordance with the Contract Documents. Owner's review of, and response to, the schedule shall not be construed as relieving Design -Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work. 2.1.3.1 The existing Margarita Recreation Center that this project would demolish and replace is currently occupied and in use by the City of Temecula. During the design process and prior to any construction phase services taking place the Design -Builder and Owner will mutually agree on a date for the City to vacate the building and remove any items not to be demolished during the construction phase. The Owner will require a minimum of six (6) weeks to vacate the building. However, the Design -Builder shall provide as much notice as reasonably possible so the City can move programs and activities performed in this building to other facilities. 2.1.3.2 Prior to performing any construction phase services (including the removal or demolition of any existing facilities, structures, or improvements) the Design -Builder shall first acquire express written permission from the Owner. Failure to acquire this written permission prior to performing the work may result in the Owner requiring the Design -Builder to replace, restore, or reconstruct any affected facilities solely at the expense of the Design -Builder. 2.1.4 The parties will meet within seven (7) days after execution of the Agreement to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. 2.2 Design Professional Services. 2.2.1 Design -Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design -Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit Design -Builder to complete the Work consistent with the Contract Documents. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Design Consultant. 2.3 Standard of Care for Design Professional Services. 2.3.1 The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project. DBIA Document No. 535 Page 4 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America 2.4 Design Development Services. 2.4.1 Design -Builder and Owner shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that Owner may wish to review, which interim design submissions may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. Interim design submissions shall be consistent with the Basis of Design Documents, as the Basis of Design Documents may have been changed through the design process set forth in this Section 2.4.1. On or about the time of the scheduled submissions, Design -Builder and Owner shall meet and confer about the submissions, with Design - Builder identifying during such meetings, among other things, the evolution of the design and any changes to the Basis of Design Documents, or, if applicable, previously submitted design submissions. Changes to the Basis of Design Documents, including those that are deemed minor changes under Section 9.3.1, shall be processed in accordance with Article 9. Minutes of the meetings, including a full listing of all changes, will be maintained by Design -Builder and provided to all attendees for review. Following the design review meeting, Owner shall review and approve the interim design submissions and meeting minutes in a time that is consistent with the turnaround times set forth in Design -Builder's schedule. 2.4.2 Design -Builder shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions, as such submissions may have been modified in a design review meeting and recorded in the meetings minutes. The parties shall have a design review meeting to discuss, and Owner shall review and approve, the Construction Documents in accordance with the procedures set forth in Section 2.4.1 above. Design -Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit one set of approved Construction Documents to Owner prior to commencement of construction. 2.4.3 Owner's review and approval of interim design submissions, meeting minutes, and the Construction Documents is for the purpose of mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Owner's review nor approval of any interim design submissions, meeting minutes, and Construction Documents shall be deemed to transfer any design liability from Design -Builder to Owner. The Owner may provide documents to the Design -Builder that were prepared by other design professionals used to perform preliminary design or scoping for the project. The licensed design professionals employed or contracted by the Design -Builder shall assume responsible charge of these documents and any derivative works created from these documents. 2.4.4 To the extent not prohibited by the Contract Documents or Legal Requirements, with prior approval from and at the sole discretion of Owner, Design -Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. 2.5 Legal Requirements. 2.5.1 Design -Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements. 2.5.2 The Contract Price and/or Contract Time(s) shall be adjusted to compensate Design - Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work, or if a Guaranteed Maximum Price is established after the date of the Agreement, the date the parties agree upon the Guaranteed Maximum Price. Such effects may include, without limitation, revisions Design -Builder is required to make to the Construction Documents because of changes in Legal Requirements. DBIA Document No. 535 Page 5 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America 2.6 Government Approvals and Permits. 2.6.1 Design -Builder shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees required for the prosecution of the Work by any government or quasi - government entity having jurisdiction over the Project. Fees for permits issued by Owner or inspections performed by staff of or consultants to Owner, shall be waived by Owner. In the event of repeated inspections for the same work, code violations, or non-compliance issues, Owner may charge Design -Builder the fully loaded hourly rates for staff and consultants. 2.6.2 Design -Builder shall provide reasonable assistance to Owner in obtaining those permits, approvals and licenses that are Owner's responsibility. 2.7 Design -Builder's Construction Phase Services. 2.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design -Builder shall provide through itself or Subcontractors the necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities and other temporary facilities to permit Design -Builder to complete construction of the Project consistent with the Contract Documents. 2.7.2 Design -Builder shall perform all construction activities efficiently and with the requisite expertise, skill and competence to satisfy the requirements of the Contract Documents. Design - Builder shall at all times exercise complete and exclusive control over the means, methods, sequences and techniques of construction. 2.7.3 Design -Builder shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Owner may reasonably object to Design -Builder's selection of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Owner's decision impacts Design -Builder's cost and/or time of performance. Design -Builder shall comply with Section 22166 and other applicable provisions of the Public Contract Code in the selection of Subcontractors. 2.7.4 Design -Builder assumes responsibility to Owner for the proper performance of the Work of Subcontractors and any acts and omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Subcontractor or Sub -Subcontractor, including but not limited to any third -party beneficiary rights. 2.7.5 Design -Builder shall coordinate the activities of all Subcontractors. If Owner performs other work on the Project or at the Site with separate contractors under Owner's control, Design -Builder agrees to reasonably cooperate and coordinate its activities with those of such separate contractors so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. 2.7.6 Design -Builder shall keep the Site reasonably free from debris, trash and construction wastes to permit Design -Builder to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. Upon Substantial Completion of the Work, or a portion of the Work, Design -Builder shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the Project for its intended use. 2.8 Design -Builder's Responsibility for Project Safety. 2.8.1 Design -Builder recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the DBIA Document No. 535 Page 6 Standard Form of General Conditions of Contract Between owner and Design -Builder © 2010 Design -Build Institute of America Work, including materials and equipment incorporated into the Work or stored on -Site or off -Site, and (iii) all other property at the Site or adjacent thereto. Design -Builder assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work. Design -Builder shall, prior to commencing construction, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work. Unless otherwise required by the Contract Documents, Design -Builder's Safety Representative shall be an individual stationed at the Site who may have responsibilities on the Project in addition to safety. The Safety Representative shall make routine daily inspections of the Site and shall hold weekly safety meetings with Design - Builder's personnel, Subcontractors and others as applicable. 2.8.2 Design -Builder and Subcontractors shall comply with all Legal Requirements relating to safety, as well as any Owner -specific safety requirements set forth in the Contract Documents, provided that such Owner -specific requirements do not violate any applicable Legal Requirement. Design -Builder will immediately report in writing any safety -related injury, loss, damage or accident arising from the Work to Owner's Representative and, to the extent mandated by Legal Requirements, to all government or quasi -government authorities having jurisdiction over safety - related matters involving the Project or the Work. 2.8.3 Design -Builder's responsibility for safety under this Section 2.8 is not intended in any way to relieve Subcontractors and Sub -Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injuries, losses, damages or accidents resulting from their performance of the Work. 2.9 Design -Builder's Warranty. 2.9.1 Design -Builder warrants to Owner that the construction, including all materials and equipment furnished as part of the construction, shall be new unless otherwise specified in the Contract Documents, of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship. Design -Builder's warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work in a commercially reasonable manner. Nothing in this warranty is intended to limit any manufacturer's warranty which provides Owner with greater warranty rights than set forth in this Section 2.9 or the Contract Documents. Design -Builder will provide Owner with all manufacturers' warranties upon Substantial Completion. 2.10 Correction of Defective Work. 2.10.1 Design -Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 2.9 hereof, within a period of one year from the date of Substantial Completion of the Work or any portion of the Work, or within such longer period to the extent required by any specific warranty included in the Contract Documents. 2.10.2 Design -Builder shall, within seven (7) days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design -Builder fails to commence the necessary steps within such seven (7) day period, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design -Builder with written notice that Owner will commence correction of such nonconforming Work with its own forces. If Owner does perform such corrective Work, Design - Builder shall be responsible for all reasonable costs incurred by Owner in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day period identified herein shall be deemed inapplicable. DBIA Document No. 535 Page 7 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America 2.10.3 The one-year period referenced in Section 2.10.1 above applies only to Design -Builder's obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Owner may have regarding Design -Builder's other obligations under the Contract Documents. Article 3 Owner's Services and Responsibilities 3.1 Duty to Cooperate. 3.1.1 Owner shall, throughout the performance of the Work, cooperate with Design -Builder and perform its responsibilities, obligations and services in a timely manner to facilitate Design -Builder's timely and efficient performance of the Work and so as not to delay or interfere with Design - Builder's performance of its obligations under the Contract Documents. 3.1.2 Owner shall provide timely reviews and approvals of interim design submissions and Construction Documents consistent with the turnaround times set forth in Design -Builder's schedule. 3.1.3 Owner shall give Design -Builder timely notice of any Work that Owner notices to be defective or not in compliance with the Contract Documents. 3.2 Furnishing of Services and Information. 3.2.1 Unless expressly stated to the contrary in the Contract Documents, Owner shall provide, at its own cost and expense, for Design -Builder's information and use the following, all of which Design -Builder is entitled to rely upon in performing the Work: 3.2.1.1 NAGS; Existing survey data Owner used to prepare the Schematic Design. Design -Builder shall be in responsible charge of this data once provided and will acquire any further information needed at their expense; 3.2.1.2 Geotechnical studies describing subsurface conditions, and other surveys used by Owner to prepare the Schematic Design. Design -Builder shall be in responsible charge of this data once provided and will acquire any further information needed at their expense; 3.2.1.3 Temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the Project and enable Design -Builder to perform the Work; 3.2.1.4 A legal description of the Site; 3.2.1.5 To the extent available, record drawings of any existing structures at the Site; and 3.2.1.6 To the extent available, environmental studies, reports and impact statements describing the environmental conditions, including Hazardous Conditions, in existence at the Site. 3.2.2 Owner is responsible for securing and executing all necessary agreements with adjacent land or property owners that are necessary to enable Design -Builder to perform the Work. Owner DBIA Document No. 535 Page 8 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America is further responsible for all costs, including attorneys' fees, incurred in securing these necessary agreements. 3.3 Financial Information. 3.3.1 At Design -Builder's request, Owner shall promptly furnish reasonable evidence satisfactory to Design -Builder that Owner has adequate funds available and committed to fulfill all of Owner's contractual obligations under the Contract Documents. If Owner fails to furnish such financial information in a timely manner, Design -Builder may stop Work under Section 11.3 hereof or exercise any other right permitted under the Contract Documents. 3.3.2 Design -Builder shall cooperate with the reasonable requirements of Owner's lenders or other financial sources. Notwithstanding the preceding sentence, after execution of the Agreement Design -Builder shall have no obligation to execute for Owner or Owner's lenders or other financial sources any documents or agreements that require Design -Builder to assume obligations or responsibilities greater than those existing obligations Design -Builder has under the Contract Documents. 3.4 Owner's Representative. 3.4.1 Owner's Representative shall be responsible for providing Owner -supplied information and approvals in a timely manner to permit Design -Builder to fulfill its obligations under the Contract Documents. Owner's Representative shall also provide Design -Builder with prompt notice if it observes any failure on the part of Design -Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. Owner's Representative shall communicate regularly with Design -Builder and shall be vested with the authority to act on behalf of Owner. 3.5 Government Approvals and Permits. 3.5.1 gr .t.. 3.5.2 Owner shall provide reasonable assistance to Design -Builder in obtaining those permits, approvals and licenses that are Design -Builder's responsibility. 3.6 Owner's Separate Contractors. 3.6.1 Owner is responsible for all work performed on the Project or at the Site by separate contractors under Owner's control. Owner shall contractually require its separate contractors to cooperate with, and coordinate their activities so as not to interfere with, Design -Builder in order to enable Design -Builder to timely complete the Work consistent with the Contract Documents. Design -Builder shall allow reasonable access to the Site by other contractors under control of Owner. Article 4 Hazardous Conditions and Differing Site Conditions 4.1 Hazardous Conditions. 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, Design -Builder is not responsible for any Hazardous Conditions encountered at the Site. Upon DBIA Document No. 535 Page 9 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America encountering any Hazardous Conditions, Design -Builder will stop Work immediately in the affected area and duly notify Owner and, if required by Legal Requirements, all government or quasi - government entities with jurisdiction over the Project or Site. 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that Owner must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 4.1.3 Design -Builder shall be obligated to resume Work at the affected area of the Project only after Owner's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi -government entities having jurisdiction over the Project or Site. 4.1.4 Design -Builder will be entitled, in accordance with these General Conditions of Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 4.1.5 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site. 4.1.6 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for Hazardous Conditions introduced to the Site by Design -Builder, Subcontractors or anyone for whose acts they may be liable. To the fullest extent permitted by law, Design -Builder shall indemnify, defend and hold harmless Owner and Owner's officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the Site by Design -Builder, Subcontractors or anyone for whose acts they may be liable. 4.2 Differing Site Conditions. 4.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work are collectively referred to herein as "Differing Site Conditions." If Design - Builder encounters a Differing Site Condition, Design -Builder will be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance are adversely impacted by the Differing Site Condition. 4.2.2 Upon encountering a Differing Site Condition, Design -Builder shall provide prompt written notice to Owner of such condition, which notice shall not be later than fourteen (14) days after such condition has been encountered. Design -Builder shall, to the extent reasonably possible, provide such notice before the Differing Site Condition has been substantially disturbed or altered. DBIA Document No. 535 Page 10 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Article 5 Insurance and Bonds 5.1 Design -Builder's Insurance Requirements. 5.1.1 Design -Builder is responsible for procuring and maintaining the insurance for the coverage amounts all as set forth in the Insurance Exhibit to the Agreement. Coverage shall be secured from insurance companies authorized to do business in the state in which the Project is located, and with a minimum rating set forth in the Agreement. 5.1.2 Design -Builder's insurance shall specifically delete any design -build or similar exclusions that could compromise coverages because of the design -build delivery of the Project. 5.1.3 Prior to commencing any construction services hereunder, Design -Builder shall provide Owner with certificates evidencing that (i) all insurance obligations required by the Contract Documents are in full force and in effect and will remain in effect for the duration required by the Contract Documents and (ii) no insurance coverage will be canceled, renewal refused, or materially changed unless at least thirty (30) days prior written notice is given to Owner. If any of the foregoi ng insurance coverages are required to remain in force after final payment are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the Final Application for Payment. If any information concerning reduction of coverage is not furnished by the insurer, it shall be furnished by the Design -Builder with reasonable promptness according to the Design -Builder's information and belief. DBIA Document No. 535 Page 11 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America 5.4 Bonds and Other Performance Security. 5.4.1 If Owner requires Design -Builder to obtain performance and labor and material payment bonds, or other forms of performance security, the amount, form and other conditions of such security shall be as set forth in the Agreement. 5.4.2 All bonds furnished by Design -Builder shall be in a form satisfactory to Owner. The surety shall be a company qualified and registered to conduct business in the state in which the Project is located. Article 6 Payment 6.1 Schedule of Values. 6.1.1 Unless required by the Owner upon execution of this Agreement, within ten (10) days of execution of the Agreement, Design -Builder shall submit for Owner's review and approval a schedule of values for all of the Work. The Schedule of Values will (i) subdivide the Work into its respective parts, (ii) include values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made to Design -Builder throughout the Work. 6.1.2 The Owner will timely review and approve the schedule of values so as not to delay the submission of the Design -Builder's first application for payment. The Owner and Design -Builder shall timely resolve any differences so as not to delay the Design -Builder's submission of its first application for payment. 6.2 Monthly Progress Payments. 6.2.1 Prior to submittal of the monthly progress payment application, the Design -Builder and Owner shall review a "draft" payment application and review the project completion status. On or before the date established in the Agreement, Design -Builder shall submit for Owner's review and approval its Application for Payment requesting payment for all Work performed as of the date of DBIA Document No. 535 Page 12 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by Section 2.1.4 hereof. 6.2.2 The Application for Payment may request payment for equipment and materials not yet incorporated into the Project, provided that (i) Owner is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location, (ii) the equipment and materials are protected by suitable insurance and (iii) upon payment, Owner will receive the equipment and materials free and clear of all liens and encumbrances. 6.2.3 All discounts offered by Subcontractor, Sub -Subcontractors and suppliers to Design - Builder for early payment shall accrue one hundred percent to Design -Builder to the extent Design - Builder advances payment. Unless Owner advances payment to Design -Builder specifically to receive the discount, Design -Builder may include in its Application for Payment the full undiscounted cost of the item for which payment is sought. 6.2.4 The Application for Payment shall constitute Design -Builder's representation that the Work described herein has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Project, or upon Design -Builder's receipt of payment, whichever occurs earlier. 6.3 Withholding of Payments. 6.3.1 On or before the date established in the Agreement, Owner shall pay Design -Builder all amounts properly due. If Owner determines that Design -Builder is not entitled to all or part of an Application for Payment as a result of Design -Builder's failure to meet its obligations hereunder, it will notify Design -Builder in writing at least five (5) days prior to the date payment is due. The notice shall indicate the specific amounts Owner intends to withhold, the reasons and contractual basis for the withholding, and the specific measures Design -Builder must take to rectify Owner's concerns. Design -Builder and Owner will attempt to resolve Owner's concerns prior to the date payment is due. If the parties cannot resolve such concerns, Design -Builder may pursue its rights under the Contract Documents, including those under Article 10 hereof. 6.3.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design -Builder all undisputed amounts in an Application for Payment within the times required by the Agreement. 6.4 Right to Stop Workand Interest. 6.4.1 If Owner fails to pay timely Design -Builder any amount that becomes due, Design -Builder, in addition to all other remedies provided in the Contract Documents, may stop Work pursuant to Section 11.3 hereof. All payments due and unpaid shall bear intei:4;st at the rate set forth 4A the Agreement. 6.5 Design -Builder's Payment Obligations. 6.5.1 Design -Builder will pay Design Consultants and Subcontractors, in accordance with its contractual obligations to such parties, all the amounts Design -Builder has received from Owner on account of their work. Design -Builder will impose similar requirements on Design Consultants and Subcontractors to pay those parties with whom they have contracted. Design -Builder will indemnify and defend Owner against any claims for payment and mechanic's liens as set forth in Section 7.3 hereof. DBIA Document No. 535 Page 13 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America 6.6 Substantial Completion. 6.6.1 Design -Builder shall notify Owner when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is Substantially Complete. Within Ava (5) seven (7) days of Owner's receipt of Design -Builder's notice, Owner and Design -Builder will jointly inspect such Work to verify that it is Substantially Complete in accordance with the requirements of the Contract Documents. If such Work is Substantially Complete, Owner shall prepare and issue a Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of Work that have to be completed before final payment, (iii) provisions (to the extent not already provided in the Contract Documents) establishing Owner's and Design -Builder's responsibility for the Project's security, maintenance, utilities and insurance pending final payment, and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 6.6.3 Owner, at its option, may use a portion of the Work which has been determined to be Substantially Complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in Section 6.6.1 above, (ii) Design - Builder and Owner have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project, and (iii) Owner and Design -Builder agree that Owner's use or occupancy will not interfere with Design - Builder's completion of the remaining Work. 6.7 Final Payment. 6.7.1 After receipt of a Final Application for Payment from Design -Builder, Owner shall make final payment by the time required in the Agreement, provided that Design -Builder has achieved Final Completion. 6.7.2 At the time of submission of its Final Application for Payment, Design -Builder shall provide the following information: 6.7.2.1 An affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner's interests; 6.7.2.2 A general release executed by Design -Builder waiving, upon receipt of final payment by Design -Builder, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of final payment; 6.7.2.3 Consent of Design -Builder's surety, if any, to final payment; 6.7.2.4 All operating manuals, warranties and other deliverables required by the Contract Documents; and 6.7.2.5 Certificates of insurance confirming that required coverages will remain in effect consistent with the requirements of the Contract Documents. 6.7.2.6 Three full size sets of site and building plans and corresponding CADD files. DBIA Document No. 535 Page 14 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America 6.7.3 Upon making final payment, Owner waives all claims against Design -Builder except claims relating to (i) Design -Builder's failure to satisfy its payment obligations, if such failure affects Owner's interests, (ii) Design -Builder's failure to complete the Work consistent with the Contract Documents, including defects appearing after Substantial Completion and (iii) the terms of any special warranties required by the Contract Documents. 6.7.4 Deficiencies in the Work discovered after Substantial Completion, whether or not such deficiencies would have been included on the Punch List if discovered earlier, shall be deemed warranty Work. Such deficiencies shall be corrected by Design -Builder under Sections 2.9 and 2.10 herein, and shall not be a reason to withhold final payment from Design -Builder, provided, however, that Owner shall be entitled to withhold from the Final Payment the reasonable value of completion of such deficient work until such work is completed. Article 7 Indemnification 7.1 Patent and Copyright Infringement. 7.1.1 Design -Builder shall defend any action or proceeding brought against Owner based on any claim that the Work, or any part thereof, or the operation or use of the Work or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt written notice to Design -Builder of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Design -Builder shall indemnify and hold harmless Owner from and against all damages and costs, including but not limited to attorneys' fees and expenses awarded against Owner or Design -Builder in any such action or proceeding. Design -Builder agrees to keep Owner informed of all developments in the defense of such actions. 7.1.2 If Owner is enjoined from the operation or use of the Work, or any part thereof, as the result of any patent or copyright suit, claim, or proceeding, Design -Builder shall at its sole expense take reasonable steps to procure the right to operate or use the Work. If Design -Builder cannot so procure such right within a reasonable time, Design -Builder shall promptly, at Design -Builder's option and at Design -Builder's expense, (i) modify the Work so as to avoid infringement of any such patent or copyright or (ii) replace said Work with Work that does not infringe or violate any such patent or copyright. 7.1.3 Sections 7.1.1 and 7.1.2 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer specified by Owner and not offered or recommended by Design -Builder to Owner or (ii) arising from modifications to the Work by Owner or its agents after acceptance of the Work. If the suit, claim or proceeding is based upon events set forth in the preceding sentence, Owner shall defend, indemnify and hold harmless Design -Builder to the same extent Design -Builder is obligated to defend, indemnify and hold harmless Owner in Section 7.1.1 above. 7.1.4 The obligations set forth in this Section 7.1 shall constitute the sole agreement between the parties relating to liability for infringement of violation of any patent or copyright. DBIA Document No. 535 Page 15 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America 7.3 Payment Claim Indemnification. 7.3.1 Provided that Owner is not in breach of its contractual obligation to make payments to Design -Builder for the Work, Design -Builder shall indemnify, defend and hold harmless Owner from any claims or mechanic's liens brought against Owner or against the Project as a result of the failure of Design -Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within three (3) days of receiving written notice from Owner that such a claim or mechanic's lien has been filed, Design -Builder shall commence to take the steps necessary to discharge said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond. If Design -Builder fails to do so, Owner will have the right to discharge the claim or lien and hold Design -Builder liable for costs and expenses incurred, including attorneys' fees. 7.4 Design -Builder's General Indemnification. 7.4.1 Design -Builder, to the fullest extent permitted by law, shall indemnify, hold harmless and defend Owner, its officers, directors, and employees from and against claims, losses, damages, liabilities, including attorneys' fees and expenses, for bodily injury, sickness or death, and property damage or destruction (other than to the Work itself) to the extent resulting from the negligent acts or omissions of Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable. 7.4.2 If an employee of Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable has a claim against Owner, its officers, directors, employees, or agents, Design -Builder's indemnity obligation set forth in Section 7.4.1 above shall not be limited by any limitation on the amount of damages, compensation or benefits payable by or for Design -Builder, Design Consultants, Subcontractors, or other entity under any employee benefit acts, including workers' compensation or disability acts. Article 8 I 8.1 Obligation to Achieve the Contract Times. 8.1.1 Design -Builder agrees that it will commence performance of the Work and achieve the Contract Time(s) in accordance with Article 5 of the Agreement. 8.2 Delays to the Work. DBIA Document No. 535 Page 16 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America 9.1 9.2 9.3 8.2.1 If Design -Builder is delayed in the performance of the Work due to acts, omissions, conditions, events, or circumstances beyond its control and due to no fault of its own or those for whom Design -Builder is responsible, the Contract Time(s) for performance shall be reasonably extended by Change Order. By way of example, events that will entitle Design -Builder to an extension of the Contract Time(s) include acts or omissions of Owner or anyone under Owner's control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, and Force Majeure Events. Normal anticipated weather for the geographical location of the Site is incorporated into the schedule referenced in Section 2.1.3, and shall not be a basis for extension pursuant to this Section. 8.2.2 In addition to Design -Builder's right to a time extension for those events set forth in Section 8.2.1 above, Design -Builder shall also be entitled to an appropriate adjustment of the Contract Price provided, however, that the Contract Price shall not be adjusted for Force Majeure Events unless otherwise provided in the Agreement. Article 9 Changes to the Contract Price and Time Change Orders. 9.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by Owner and Design -Builder, stating their agreement upon all of the following: 9.1.1.1 The scope of the change in the Work; 9.1.1.2 The amount of the adjustment to the Contract Price; and 9.1.1.3 The extent of the adjustment to the Contract Time(s). 9.1.2 All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Owner and Design -Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. Work Change Directives. 9.2.1 A Work Change Directive is a written order prepared and signed by Owner directing a change in the Work prior to agreement on an adjustment in the Contract Price and/or the Contract Time(s). 9.2.2 Owner and Design -Builder shall negotiate the appropriate adjustments for the Work Change parties shall prepare and execute an appropriat agreement. Minor Changes in the Work. e in good faith and as expeditiously as possible Directive. Upon reaching an agreement, the Change Order reflecting the terms of the 9.3.1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, DBIA Document No. 535 Page 17 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America performance and workmanship required by the Contract Documents. Design -Builder may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however, that Design -Builder shall promptly inform Owner, in writing, of any such changes and record such changes on the documents maintained by Design -Builder. 9.4 Contract Price Adjustments. 9.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods: 9.4.1.1 Unit prices set forth in the Agreement or as subsequently agreed to between the parties; 9.4.1.2 A mutually accepted lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by Owner; 9.4.1.3 Costs, fees and any other markups set forth in the Agreement; or 9.4.1.4 If an increase or decrease cannot be agreed to as set forth in items 9.4.1.1 through 9.4.1.3 above and Owner issues a Work Change Directive, the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including a reasonable overhead and profit, as may be set forth in the Agreement. 9.4.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design -Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted. 9.4.3 If Owner and Design -Builder disagree upon whether Design -Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed changes to the Work, Owner and Design -Builder shall resolve the disagreement pursuant to Article 10 hereof. As part of the negotiation process, Design -Builder shall furnish Owner with a good faith estimate of the costs to perform the disputed services in accordance with Owner's interpretations. If the parties are unable to agree and Owner expects Design -Builder to perform the services in accordance with Owner's interpretations, Design -Builder shall proceed to perform the disputed services, conditioned upon Owner issuing a written order to Design -Builder (i) directing Design -Builder to proceed and (ii) specifying Owner's interpretation of the services that are to be performed. If this occurs, Design -Builder shall be entitled to submit in its Applications for Payment an amount equal to fifty percent (50%) of its reasonable estimated direct cost to perform the services, and Owner agrees to pay such amounts, with the express understanding that (i) such payment by Owner does not prejudice Owner's right to argue that it has no responsibility to pay for such services and (ii) receipt of such payment by Design -Builder does not prejudice Design - Builder's right to seek full payment of the disputed services if Owner's order is deemed to be a change to the Work. 9.5 Emergencies. 9.5.1 In any emergency affecting the safety of persons and/or property, Design -Builder shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and/or Contract Time(s) on account of emergency work shall be determined as provided in this Article 9. DBIA Document No. 535 Page 18 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Article 10 Contract Adjustments and Disputes 10.1 Requests for Contract Adjustments and Relief. 10.1.1 If either Design -Builder or Owner believes that it is entitled to relief against the other for any event arising out of or related to the Work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in applicable sections of these General Conditions of Contract. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed twenty-one (21) days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request. 10.2 Dispute Avoidance and Resolution. 10.2.1 The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Design -Builder and Owner each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. 10.2.2 Design -Builder and Owner will first attempt to resolve disputes or disagreements at the field level through discussions between Design -Builder's Representative and Owner's Representative which shall conclude within fourteen (14) days of the written notice provided for in Section 10.1.1 unless the Owner and Design -Builder mutually agree otherwise. IN 1 DBIA Document No. 535 Page 19 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America 10.4 Duty to Continue Performance. 10.4.1 Unless provided to the contrary in the Contract Documents, Design -Builder shall continue to perform the Work and Owner shall continue to satisfy its payment obligations to Design -Builder, pending the final resolution of any dispute or disagreement between Design -Builder and Owner. The disputed Work will be categorized as an "unresolved dispute" and paymentif any, shall be as later determined by mutual agreement or a court of law. The Design -Builder shall keep accurate. detailed records of all disputed Workclaims and other disputed matters. 10.5 CONSEQUENTIAL DAMAGES. 10.5.1 NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY (EXCEPT AS SET FORTH IN SECTION 10.5.2 BELOW), NEITHER DESIGN -BUILDER NOR OWNER SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL LOSSES OR DAMAGES, WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSSES OF USE, PROFITS, BUSINESS, REPUTATION OR FINANCING. 10.5.2 The consequential damages limitation set forth in Section 10.5.1 above is not intended to affect the payment of liquidated damages or lost early completion bonus, if any, set forth in Article 5 of the Agreement, which both parties recognize has been established, in part, to reimburse Owner or reward Design -Builder for some damages that might otherwise be deemed to be consequential. Article 11 Stop Work and Termination for Cause 11.1 Owner's Right to Stop Work. DBIA Document No. 535 Page 20 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America 11.1.1 Owner may, without cause and for its convenience, order Design -Builder in writing to stop and suspend the Work. Such suspension shall not exceed sixty (60) consecutive days or aggregate more than ninety (90) days during the duration of the Project. 11.1.2 Design -Builder is entitled to seek an adjustment of the Contract Price and/or Contract Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of stoppage of the Work by Owner. 11.2 Owner's Right to Perform and Terminate for Cause. 11.2.1 If Design -Builder persistently fails to (i) provide a sufficient number of skilled workers, (ii) supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Design Consultants or Subcontractors, (v) prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted, or (vi) perform material obligations under the Contract Documents, then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law, shall have the rights set forth in Sections 11.2.2 and 11.2.3 below. 11.2.2 Upon the occurrence of an event set forth in Section 11.2.1 above, Owner may provide written notice to Design -Builder that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Design -Builder's receipt of such notice. If Design -Builder fails to cure, or reasonably commence to cure, such problem, then Owner may give a second written notice to Design -Builder of its intent to terminate within an additional seven (7) day period. If Design -Builder, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Owner may declare the Agreement terminated for default by providing written notice to Design -Builder of such declaration. 11.2.3 Upon declaring the Agreement terminated pursuant to Section 11.2.2 above, Owner may enter upon the premises and take possession, for the purpose of completing the Work, of all materials, equipment, scaffolds, tools, appliances and other items thereon, which have been purchased or provided for the performance of the Work, all of which Design -Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items. In the event of such termination, Design -Builder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents. At such time, if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work, such excess shall be paid by Owner to Design -Builder. Notwithstanding the preceding sentence, if the Agreement establishes a Guaranteed Maximum Price, Design -Builder will only be entitled to be paid for Work performed prior to its default. If Owner's cost and expense of completing the Work exceeds the unpaid balance of the Contract Price, then Design -Builder shall be obligated to pay the difference to Owner. Such costs and expense shall include not only the cost of completing the Work, but also losses, damages, costs and expense, including attorneys' fees and expenses, incurred by Owner in connection with the reprocurement and defense of claims arising from Design -Builder's default, subject to the waiver of consequential damages set forth in Section 10.5 hereof. 11.2.4 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of Article 8 of the Agreement. 11.3 Design -Builder's Right to Stop Work. 11.3.1 Design -Builder may, in addition to any other rights afforded under the Contract Documents or at law, stop the Work for the following reasons: DBIA Document No. 535 Page 21 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America 11.3.1.1 Owner's failure to provide financial assurances as required under Section 3.3 hereof; or 11.3.1.2 Owner's failure to pay amounts properly due under Design -Builder's Application for Payment. 11.3.2 Should any of the events set forth in Section 11.3.1 above occur, Design -Builder has the right to provide Owner with written notice that Design -Builder will stop the Work unless said event is cured within seven (7) days from Owner's receipt of Design -Builder's notice. If Owner does not cure the problem within such seven (7) day period, Design -Builder may stop the Work. In such case, Design -Builder shall be entitled to make a claim for adjustment to the Contract Price and Contract Time(s) to the extent it has been adversely impacted by such stoppage. 11.4 Design -Builder's Right to Terminate for Cause. 11.4.1 Design -Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement for cause for the following reasons: 11.4.1.1 The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, because of court order, any government authority having jurisdiction over the Work, or orders by Owner under Section 11.1.1 hereof, provided that such stoppages are not due to the acts or omissions of Design -Builder or anyone for whose acts Design -Builder may be responsible. 11.4.1.2 Owner's failure to provide Design -Builder with any information, permits or approvals that are Owner's responsibility under the Contract Documents which result in the Work being stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, even though Owner has not ordered Design -Builder in writing to stop and suspend the Work pursuant to Section 11.1.1 hereof. 11.4.1.3 Owner's failure to cure the problems set forth in Section 11.3.1 above after Design -Builder has stopped the Work. 11.4.2 Upon the occurrence of an event set forth in Section 11.4.1 above, Design -Builder may provide written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Owner's receipt of such notice. If Owner fails to cure, or reasonably commence to cure, such problem, then Design -Builder may give a second written notice to Owner of its intent to terminate within an additional seven (7) day period. If Owner, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Design -Builder may declare the Agreement terminated for default by providing written notice to Owner of such declaration. In such case, Design -Builder shall be entitled to recover in the same manner as if Owner had terminated the Agreement for its convenience under Article 8 of the Agreement. 11.5 Bankruptcy of Owner or Design -Builder. 11.5.1 If either Owner or Design -Builder institutes or has instituted against it a case under the United States Bankruptcy Code (such party being referred to as the "Bankrupt Party"), such event may impair or frustrate the Bankrupt Party's ability to perform its obligations under the Contract Documents. Accordingly, should such event occur: 11.5.1.1 The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non -Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten (10) days after receiving notice of the request; and DBIA Document No. 535 Page 22 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America 11.5.1.2 The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute such action. If the Bankrupt Party fails to comply with its foregoing obligations, the non -Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated and pursue any other recourse available to the non -Bankrupt Party under this Article 11. 11.5.2 The rights and remedies under Section 11.5.1 above shall not be deemed to limit the ability of the non -Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design -Builder to stop Work under any applicable provision of these General Conditions of Contract. Article 12 Electronic Data 12.1 Electronic Data. 12.1.1 The parties recognize that Contract Documents, including drawings, specifications and three-dimensional modeling (such as Building Information Models) and other Work Product may be transmitted among Owner, Design -Builder and others in electronic media as an alternative to paper hard copies (collectively "Electronic Data"). 12.2 Transmission of Electronic Data. 12.2.1 Owner and Design -Builder shall agree upon the software and the format for the transmission of Electronic Data. Each party shall be responsible for securing the legal rights to access the agreed -upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the Electronic Data. 12.2.2 Neither party makes any representations or warranties to the other with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. Unless specifically set forth in the Agreement, ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated, transmitted, generated or interpreted. 12.2.3 By transmitting Work Product in electronic form, the transmitting party does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4 of the Agreement. Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of tangible goods. 12.3 Electronic Data Protocol. 12.3.1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge, including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and, in consideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree, to the following protocols, terms and conditions set forth in this Section 12.3. DBIA Document No. 535 Page 23 Standard Form of General Conditons of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America 12.3.2 Electronic Data will be transmitted in the format agreed upon in Section 12.2.1 above, including file conventions and document properties, unless prior arrangements are made in advance in writing. 12.3.3 The Electronic Data represents the information at a particular point in time and is subject to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data, which protocol shall also address the duty, if any, to update such information, data or other information contained in the electronic media if such information changes prior to Final Completion of the Project. 12.3.4 The transmitting party specifically disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data via electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data, unless such data is materially changed or altered after it is transmitted to the receiving party, and the transmitting party did not participate in such change or alteration. Article 13 Miscellaneous 13.1 Confidential Information. 13.1.1 Confidential Information is defined as information which is determined by the transmitting party to be of a confidential or proprietary nature and: (i) the transmitting party identifies as either confidential or proprietary; (ii) the transmitting party takes steps to maintain the confidential or proprietary nature of the information; and (iii) the document is not otherwise available in or considered to be in the public domain. The receiving party agrees to maintain the confidentiality of the Confidential Information and agrees to use the Confidential Information solely in connection with the Project. 13.2 Assignment. 13.2.1 Neither Design -Builder nor Owner shall, without the written consent of the other assign, transfer or sublet any portion or part of the Work or the obligations required by the Contract Documents. 13.3 Successorship. 13.3.1 Design -Builder and Owner intend that the provisions of the Contract Documents are binding upon the parties, their employees, agents, heirs, successors and assigns. 13.4 Governing Law. 13.4.1 The Agreement and all Contract Documents shall be governed by the laws of the place of the Project, without giving effect to its conflict of law principles. 13.5 Severability. 13.5.1 If any provision or any part of a provision of the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract DBIA Document No. 535 Page 24 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted. 13.6 No Waiver. 13.6.1 The failure of either Design -Builder or Owner to insist, in any one or more instances, on the performance of any of the obligations required by the other under the Contract Documents shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance. 13.7 Headings. 13.7.1 The headings used in these General Conditions of Contract, or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision. 13.8 Notice. 13.8.1 Whenever the Contract Documents require that notice be provided to the other party, notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice, (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address indicated in the Agreement, or (iii) if transmitted by facsimile, by the time stated in a machine generated confirmation that notice was received at the facsimile number of the intended recipient. 13.9 Amendments. 13.9.1 The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of each party. DBIA Document No. 535 Page 25 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America Ilt MARGARITA RECREATION CENTER Infrastructure Project City of Temecula Fiscal Years 2021-25 Capital Improvement Program Project Description: This project consists of the construction of a new recreation center in Margarita Community Park in place of the former YMCA building. The project includes the demolition of the existing building and pool, constructing a new building and pool as determined by a Community Needs Assessment and rF�t . available budget. The Information Technology component includes camera system .■ infrastructure, access control, Public Wi-Fi and other identified technology needs.���� a� Benefit: This project will provide the City a new facility to meet the increasing demands of recreational programs. Core Value: Healthy and Livable City Jill Project Status: Concept Design started in Fiscal Year 2017-18. Final design and environmental approval anticipated in Fiscal Year 2019-20. Department: Public Works - Account No. 210.265.999.692 / PW17-21 Level: I 2020-21 Prior Years 2019-20 Adjusted 2021-22 2022-23 2023-24 2024-25 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Administration 48,890 460,428 100,000 50,000 659,318 Construction 5,410,253 1,000,000 500,000 6,910,253 Construction Engineering 1,028,535 300,000 50,000 1,378,535 Design & Environmental 69,605 898,797 968,402 Information Technology 94,781 645,219 740,000 Total Expenditures 213 276 8,443,232 1,400,000 600,000 10.656.508 Source of Funds: Capital Financing 6,405,000 6,405,000 DIF-Park & Rec Improvements 137,000 600,000 737,000 Measure 5 1,386,773 727,735 1,400,000 3,514,508 Total Funding 7 991 773 864,735 1400 000 600,000 10 656 508 Future Operating & Maintenance Costs: Total Operating Costs 1 1 545,900 562,277 579,145 596,520 Notes: 1. (1) Operating & Maintenance costs reflect the staffing, utilities, landscaping, security and supplies costs associated with the operation of this new facility 2. (2) Capital Financing reflects the Temecula Public Financing Authority's 2018 Lease Financing arrangement which provides $6.4M in funding, with a term of 15 years at an interest rate of 3.42%, repaid by the General Fund. Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: March 9, 2021 SUBJECT: Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Fiber Optic Communication System Upgrade Project, PW18-05 PREPARED BY: Julie Tarrant, Principal Management Analyst Erick Escobedo, Assistant Engineer II - Traffic RECOMMENDATION: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Fiber Optic Communication System Upgrade Project, PW18-05; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. BACKGROUND: On July 28, 2015 the City Council approved Resolution 15-43 approving the filing of the project application for Highway Safety Improvement Program (HSIP) Cycle 7 funding through Caltrans, Division of Local Assistance. The purpose of adopting the resolution was to approve the filing of the project application, accept the terms of the grant agreement, and appoint the Director of Public Works/City Engineer to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, amendments and payment requests which may be necessary for the completion of the aforementioned process. On July 31, 2015, the City of Temecula submitted a project application in response to the Call for Projects for the Highway Safety Improvement Program (HSIP) Cycle 7 funding, and on December 2, 2015, grant awards were announced to include the City of Temecula as an award recipient of HSIP Cycle 7 funding, in the amount of $1,208,200, for the Fiber Optic Communication System Upgrade Project. The Fiber Optic Communication System Upgrade Project will provide for upgrades to the traffic signal infrastructure along three arterial corridors. The proposed project includes upgrades of existing traffic signal controller units from Type 170 to Type 2070, installing fiber optic communication and hardware between the 41 signalized intersections, and to install additional CCTV surveillance cameras to improve traffic signal timing, coordination, and safety along three major corridors, which include: Winchester Road - Diaz Road to Nicolas Road Rancho California Road - Business Park Drive/Ridge Park Drive to Butterfield Stage Road Temecula Parkway - Old Town Front Street to Butterfield Stage Road Plans and Specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The engineer's estimate is $1,336,350, with a construction duration of approximately ninety (90) working days. This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the repairs and maintenance of existing highways and streets are Class 1 activities which are exempt from CEQA. FISCAL IMPACT: Adequate funds are available for the Fiber Optic Communication System Upgrade Project in the City's Capital Improvement Program (CIP) for Fiscal Years 2021- 2025 and is funded with Highway Safety Improvement Program (HSIP) Cycle 7 funding, and Measure S. ATTACHMENTS: 1. Project Description 2. Project Location Map Alk 1,c•rn C a :1�rni.- ,'. Co.:,iIF, City of Temecula Fiscal Years 2021-25 Capital Improvement Program FIBER OPTIC COMMUNICATION SYSTEM UPGRADE Infrastructure Project Project Description: This project will install optic communication system upgrades including conduit, cable, traffic signal controllers and related communication equipment to improve safety and operations with optimized traffic signal timing coordination. Signalized intersections will be improved along the Winchester Road, Rancho California Road and Temecula Parkway corridors. Benefit: This project will upgrade the City's communication system equipment. Core Value: A Safe and Prepared Community Project Status: This project is anticipated to be completed in Fiscal Year 2019 -20. Department: Public Works - Account No. 210.265.999.550 / PW18-05 Level: I 2020-21 Prior Years 2019-20 Proposed 2021-22 2022-23 2023-24 2024-25 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Construction 1,201,400 1,201,400 Design & Environmental 193,3641 26,436 119,800 Total Expenditures 93,364 1,227,836 - 1,321,200 Source of Funds: HSIP-Highway Safety 1,208,200 1,208,200 Improvement Program Measure S 113,000 113,000 Total Funding 113,000 1,208,200 - - - 1,321,200 Future Operating & Maintenance Costs: Total Operating Costs 115 S Y LOCATION MAP —WINCHEt` ER ROAD COiRIDOR 41111e F Vid Tpti [ �ah�aa Fd scre, a wer MEAVOWYIE�v � , Ro RANCHO CALIFORNIA ROAD CORRtQQRo-`a' ' .4u H—'Pnxn. kaY M� laze Y�uGE w.rwe Raache£alsfnrtrra rl�r:k�nxo: Souris Parkaf 9a Nupa Rd n a Y 9dT P.e �ry :oi%AiYCiYlYoS 0 to � ` EeI1W k TEMECULA PARKWAY CORRIDOR QA SB z � � S LEGEND CORRIDOR LIMITS s 2000 1000 0 2000 4000 6000 SCALE: 1"=4000' CITY BOUNDARY VmrnGf.Hnes mac¢ .Ae L7 ol y� w••rr�r_ O Cl Wo lint ' B4� e L �S' y r•ALOea m£t SOL S c E ocq�and 0 lop 1a�1�3 P �0'r Papacy % w ®2015 Nokia ®ANP ®2015 MicrozoN fomd2tii JECT LOCATION VICINITY MAP Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: March 9, 2021 SUBJECT: Approve the First Amendment to the Minor Maintenance Agreement with Rene B. Martinez, Sr. dba Rene's Commercial Management for Homeless Encampment Cleanup Services PREPARED BY: Julie Tarrant, Principal Management Analyst Stacey Biddle, Management Assistant RECOMMENDATION: That the City Council approve the first amendment to the agreement for minor maintenance services with Rene B. Martinez, Sr. dba Rene's Commercial Management, in the amount of $200,000, for homeless encampment cleanup services. BACKGROUND: On May 14, 2020, the Maintenance Division of the Public Works Department posted on the City of Temecula's online bidding service, Planet Bids, a Request for Proposal (RFP) No. 251, for Homeless Encampment Cleanup Services. The Public Works Department received eight proposals. A review panel was formed to provide a fair and thorough evaluation of the eight proposals that were submitted. After a thorough evaluation and rating process, it was determined that Rene's Commercial Management would be awarded a contract. On July 15, 2020, under Resolution No. 2020-35 adopted by City Council on June 9, 2020, the City Manager approved an agreement with Rene B. Martinez, Sr. dba Rene's Commercial Management to provide homeless encampment cleanup services in the amount of $100,000. To support the ongoing need for continued maintenance and services staff recommends that City Council approve the First Amendment to extend the term of the agreement through June 30, 2022, and increase payment in the amount of $200,000, for a total contract value of $300,000. FISCAL IMPACT: Adequate funds are available in the Temecula Community Services District Fund 190 for Responsible Compassion in the FY 2020-21 Annual Operating Budget. The City has entered into a Reimbursement Agreement with Riverside County Flood Control District for reimbursement of up to $75,000 per year for work completed on District owned property (including portions of Temecula Creek, Murrieta Creek and Santa Gertrudis Creek). A portion work completed by Rene's Commercial Management is subject to this reimbursement agreement. ATTACHMENTS: First Amendment — Rene's Commercial Management FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND RENE B. MARTINEZ, SR. dba RENE'S COMMERCIAL MANAGEMENT HOMELESS ENCAMPMENT CLEANUP SERVICES THIS FIRST AMENDMENT is made and entered into as of March 9, 2021 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Rene B. Martinez, Sr. dba Rene's Commercial Management, a Sole Proprietor (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes a. On July 15, 2020, the City and Contractor entered into that certain Agreement entitled "Agreement for Homeless Encampment Cleanup Services," in the amount of $100,000. b. The parties now desire to extend the term of the agreement to June 30 2022 and to increase the payment in the amount of $200,000 and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2022 unless sooner terminated pursuant to the provisions of this Agreement 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Two Hundred Thousand Dollars ($200,000), for additional homeless encampment cleanup services for a total Agreement amount of Three Hundred Thousand Dollars ($300,000). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 12/31 /2020 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Rene B. Martinez, Sr. dba Rene's Commercial Management (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Maryann Edwards, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Rene B. Marti weer Peter M. Thorson, City Attorney CONTRACTOR Rene B. Martinez Sr. dba Rene's Commercial Management Contact Person: Rene B. Martinez Sr. 1002 Luna Way San Jacinto, CA 92583 Phone Number: (951) 487-0247 City Purchasing Mgr. Initials and Wy Date: 02.24.2021 12/31/2020 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: March 9, 2021 SUBJECT: Accept Improvements and File Notice of Completion for Pechanga Parkway Environmental Mitigation Project, PW11-01 PREPARED BY: Avlin R. Odviar, Senior Civil Engineer William Becerra, Associate Engineer II RECOMMENDATION: That the City Council: 1. Accept the construction of Pechanga Parkway Environmental Mitigation Project, PW11-01, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: The Pechanga Parkway Environmental Mitigation Project provided the design, construction, and implementation of an environmental mitigation site required as a result of the Pechanga Parkway Phase II Street Improvements Project, PW99-11 that was accepted by City Council on March 23, 2010. On July 23, 2013, the City Council awarded a construction contract to Nature's Image, Inc. in the amount of $166,883.00 to complete the Pechanga Parkway Environmental Mitigation Project, PW11-01 (Project), and authorized the City Manager to approve change orders not to exceed the contingency amount of $16,688.30. The scope of the work included the creation of the mitigation site, maintaining it, and monitoringit for a period of no less than five years to foster its development and success. The construction work on the site was completed in November 2014. The site was maintained and monitored through November 2019 in accordance with the project Habitat Mitigation and Monitoring Plan (HMMP). Natures Image has completed the work in accordance with the approved specifications and to the satisfaction of the Director of Public Works/City Engineer. The City obtained "beneficial use" of the project improvements on November 24, 2019. Since the one-year period has concluded, a Maintenance Bond is not necessary. The retention for this project was released pursuant to the provisions of Public Contract Code Section 7107. The original Contract amount was $166,883.00 There were approved change orders in the amount of $15,601.53. which brought the total cost to $182,484.53. FISCAL IMPACT: There is no fiscal impact associated with accepting the project, and filing and recording the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Contractor's Affidavit and Final Release 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: 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 Natures Image, Inc., 20361 Hermana Circle, Lake Forest, CA 92630 to perform the following work of improvement: Pechanga Parkway — Environmental Mitigation Project No. PW11-01 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on March 9, 2021. That upon said contract The Ohio Casualty Insurance Company, 790 The City Drive South, Suite 200, Orange, CA 92868, was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Pechanga Parkway — Environmental Mitigation Project No. PW11-01 6. The location of said property is: along the northern bank of Temecula Creek, approximately'/4 mile west of Pechanga Parkway, Temecula, California. Dated at Temecula, California, this 9th day of March, 2021. 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 9th day of March, 2021. City of Temecula Randi Johl, City Clerk 13-154 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PECHANGA PARKWAY — ENVIRONMENTAL MITIGATION PROJECT NO. PW11-01 This is to certify that Natures Image, 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 PECHANGA PARKWAY — ENVIRONMENTAL MITIGATION, PROJECT NO. PW11-01, situated in the City of Temecula, State of California, more particularly described as follows: 3.4 acres located along Temecula Creek, within approximately'/4 mile from intersection of Pechanga Parkway and Temecula Parkway. The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. CONTRACTOR Dated: By: Signa Michelle Caruana, President Print Name and Title PROPOSAL R-1 Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: March 9, 2021 SUBJECT: Accept Improvements and File the Notice of Completion for the Citywide Slurry Seal Program — Fiscal Year 2019-20, PW 19-12 PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer Laura Bragg, Associate Engineer II RECOMMENDATION: That the City Council: 1. Accept the construction of the Citywide Slurry Seal Program — Fiscal Year 2019-20, PW19-12, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a three-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: On June 15, 2020, the City Manager, under the authorities delegated by the City Council of the City of Temecula in Resolution 2020-20, awarded a construction contract to American Asphalt South, Inc. in the amount of $1,376,549.80 and authorized the City Manager to approve change orders not to exceed the contingency amount of $137,654.98, to complete the Citywide Slurry Seal Program — Fiscal Year 2019-20, PW 19-12 project. The project consisted of cleaning and crack sealing the existing roadway surface, placing slurry seal on approximately 5.85 million square feet of residential roadway throughout Temecula, including the "Road Diet" on Redhawk Parkway and Vail Ranch Parkway, and restoring striping and pavement markings. American Asphalt South, Inc. has completed the work in accordance with the approved specifications to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of three years from October 13, 2020, the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code 7107. The base amount of the construction contract was $1,376,549.80, two contract change orders were issued in the amount of $45,980.00 and contract item underruns totaled $17,881.64. This resulted in a total project cost of $1,404,648.16. FISCAL IMPACT: There is no fiscal impact associated with accepting the project, and filing and recording the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 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 American Asphalt South, Inc., 14436 Santa Ana Avenue, Fontana, CA 92337 to perform the following work of improvement: Citywide Slurry Seal Program — Fiscal Year 2019-20 Project No. PW19-12 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on March 9, 2021. That upon said contract Everest Reinsurance Company, P. O. Box 830, Liberty Corner, NJ 07938-0830, 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: Various Streets within the City of Temecula Citywide Slurry Seal Program — Fiscal Year 2019-20; PW19-12 6. The location of said property is: Various Streets within the City of Temecula, California. Dated at Temecula, California, this 9th day of March, 2021. 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 9th day of March, 2021. City of Temecula Randi Johl, City Clerk SURETY BOND REVIEW FORM The attached surety bond(s) have been reviewed in the following amount(s): PROJECT: CITYWIDE SLURRY SEAL PROGRAM — FISCAL YEAR 2019- 20 PROJECT NO. PW19- 12 CONTRACTOR: American Asphalt South, Inc. SURETY BOND TYPE BOND NUMBER BOND AMOUNT Everest Reinsurance Company Maintenance ES00005129 $142,252.98 The surety company is ® is not ❑ an admitted company in the State of California: ■ Financial Strength Rating: • A.M. Best #: ■ NAIC #: 2 (o 0( �Z • CA Company ID #: 7i7�,�9 — () Insurance Verified By: Risk Management Division Approved As to Form: Peter M. Thorson, City Attorney �Z I Date Date 12-27-20 12/18/2020 Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information EVEREST REINSURANCE COMPANY PO BOX 830 LIBERTY CORNER, N] 07938-0830 800-438-4375 Old Company Names PRUDENTIAL REINSURANCE COMPANY Agent For Service Melissa DeKoven 2710 Gateway Oaks Drive, Suite 150N Sacramento CA 95833-3505 Reference Information Effective Date 04/10/1996 �J 126921 California Company ID #: 2259-0 Date Authorized in California: 10/24/1977 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: DELAWARE back to top NAIC Group List NAIC Group #: Lines Of Business 1120 EVEREST REINS HOLDINGS GRP The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS https:llinteractive.web.insurance.ca,gov/companyprofile/companyprofiile?event=companyProfile&doFunction=getCompanyPro6#e$eid=5997 1 /2 12/18/2020 Everest Reinsurance Company - Company Profile - Best's Credit Rating Center Everest Reinsurance Company AMB #: 003519 NAIC #: 26921 FEIN #: 222005057 Mailing Address P.O. Box 830 Liberty Corner, New Jersey 07938-0830 United States Web: www.everestre.com Phone: 908-604-3000 Fax: 908-604-3450 View Additional Address Information AM Best Rating Unit: AMB #: 058455 - Everest Re Group, Ltd. Assigned to insurance companies that have, in our opinion, a superior ability to meet their ongoing insurance obligations. AM BABEST +Superior View additional news, reports and products for this company. Based on AM Best's analysis, 058455 - Everest Re Group, Ltd. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A+ (Superior) Affiliation Code: g (Group) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: May 29, 2020 Initial Rating Date: June 30, 1978 ratings.ambest.com/SearchResults.aspx?URatingld=3037919&bI=0&AltSrc=1 &PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 1/5 12/18/2020 Everest Reinsurance Company - Company Profile - Best's Credit Rating Center ILong -Term Issuer Credit Rating View Definition Long -Term: aa- (Superior) Outlook: Stable Action: Affirmed Effective Date: May 29, 2020 Initial Rating Date: June 02, 2004 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Darian Ryan Director: Steven M. Chirico, CPA Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Note: Credit Ratings on this company are European Union Endorsed Disclosure Information Disclosure Information Form View AM Best's Rating Disclosure Form Press Release AM Best Affirms Credit Ratings of Everest Re Group, Ltd. and Its Subsidiaries May 29, 2020 View AM Best's Rating Review Form Rating History AM Best has provided ratings & analysis on this company since 1978. Financial Strength Rating Effective Date Rating 5/29/2020 A+ ratings.ambest.com/Search Results.aspx?URating ld=3037919&bl=0&AltSrc=1&PPP=&AltNum=O&Ext_User=&Ext Misc=&Portal=0&Site= 2/5 12/18/2020 Everest Reinsurance Company - Company Profile - Best's Credit Rating Center 5/2/2019 A+ 3/16/2018 A+ 2/10/2017 A+ 9/9/2015 A+ Long -Term Issuer Credit Rating Effective Date Rating 5/29/2020 aa- 5/2/2019 aa- 3/16/2018 aa- 2/10/2017 aa- 9/9/2015 aa- Related Financial and Analytical Data The following links provide access to related data records that AM Best utilizes to provide financial and analytical data on a consolidated or branch basis. AMB # Company Name 005696 Everest Re U.S. Group (G) 019800 Everest Re U,S. Group (CS) Company Description Represents the AM Best Consolidated financials for the Property/Casualty business of this legal entity. Represents Property/Casualty business of this legal entity. 087034 Everest Reinsurance Represents the Property/Casualty financials for the Canada Branch of Company CAB this legal entity. 093179 Everest Reinsurance Represents the Property/Casualty financials for the Singapore Branch of Company SGB this legal entity. Best's Credit & Financial Reports Best's Credit Report - financial data included in Best's Credit Report reflects the data used in determining ~'the current credit rating(s) for AM Best Rating Unit: AMB #: 058455 - Everest Re Group, Ltd.. Best's Credit Report - Archive - reports which were released prior to the current Best's Credit Report. ratings.ambest.com/Search Res ults.aspx?URatingld=3037919&bI=0&AltSrc=1&PPP=&AltNum=0&Ext User=&Ext Misc=&Portal=0&Site= 3/5 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. ES00005129 MAINTENANCE BOND for CITYWIDE SLURRY SEAL PROGRAM — FISCAL YEAR 2019-20 PROJECT NO. PW19-12 KNOW ALL PERSONS BY THESE PRESENT THAT American Asphalt South, Inc. PO Box 310036, Fontana, CA 92331 NAME AND ADDRESS OF CONTRACTOR a Corporation (fill in whether a Corporation, Partnership, or Individual) Premium: $327.00 (hereinafter called "Principal"), and Everest Reinsurance Company P.O. Box 830, Liberty Corner, NJ 07938-0830 NAME AND ADDRESS OF SURETY (hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of One Hundred Forty -Two Thousand Two Hundred Fifty -Two DOLLARS AND Ninety -Eight CENTS ($ 142.252,98 ) in lawful money of the United States, said sum being not less than ten percent of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 28th day of May , 2020, a copy of which is hereto attached and made a part hereof for the construction of CITYWIDE SLURRY SEAL PROGRAM — FISCAL YEAR 2019-20, PROJECT NO. PW19-12. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of three years 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 13, day of October 12020 _ . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred MAINTENANCE BOND MBR-1 CCO-02 Revised 3 Yr Maintenance Bond by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in anyjudgment rendered, The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 8th day of December , 2020 . (Seal) SURETY: Everest Reinsura Compan , By: I.:iizabc t Aullodi (Name) Attorney -in -Fact (Title) APPROVED AS TO FORM: Peter �Torson, Ci�Attorn�ey NOTE: Signatures Acknowledgement Signatures. PRINCIPAL: American Asphalt South, inc. By: VI.: 61 4 �le [In AM& (Name) Vrce- �tsrd (Title) By: (N ma e) (Title) of two corporate officers required for corporations. A Notarial or Jurat must be attached for each of the Surety and Principal MAINTENANCE BOND MBR-2 CCO-02 Revised 3 Yr Maintenance Bond ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Butte On December 8, 2020 before me, Deanna Quintero, Notary Public (insert name and title of the officer) personally appeared Elizabeth Collodi who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/Im subscribed to the within instrument and acknowledged to me that la/she/they executed the same in kks/herAkak authorized capacity0ex), and that byiisr/her/Awg- signature(s) on the instrument the person(s), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. '� DEANNA QUINTERO I WITNESS my hand and official seal. = COMM. # 2261479 ..... NOTARY PUBLIC • CALIFORNIA X s COUNTY OF BUTTE w Comm. Expires OCT. 6, 2022 Signature AA1,11(Seal) 64 j01hp Z7VE R POWER OF ATTORNEY EVEREST REINSURANCE COMPANY DELAWARE KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware ("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938. do hereby nominate, constitute, and appoint: Breanna Boatright, Elizabeth Collodi, John Hopkins, John J. Weber, Joseph H. Weber, Katherine Gordon, Marissa Robinson, Renee Ramsey, Sara Walliser, Stephanie Agapoff, Mindy Whitehouse, Jennifer Lakmann, K. Corey Ward, Deanna Quintero, Kristie Phillips, Claudine Gordon, Michael K. Feeney, Samantha Watkins its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation. Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on the 28th day of July 2016: RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached. IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 28th day of July 2016. .,,SuranCto Everest Reinsurance Company 4 . RpoRaT C' SEAL y ' 1973 d ' * Attest: Nicole Chase, Assistant Secretary By: Anthony Romano, Vice President On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument, that he knows the seal of said Company. that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto. and that he executed said instrument by like order. LINDA ROBINS Notary Public, State of New York No 01R06239736 Qualified in Queens County Term Expires April 25, 2023 Linda Robins, Notary Public IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the Liberty Corner, this 8th day Of December 20 20 . ES 00 01 04 16 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of California On December 11, 2020 before me, Richard Entrikin- Notary (insert name and title of the officer) personally appeared Lyle Stone and Jeff Petty , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisA4w/their authorized capacity(ies), and that by hi/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature MHARB WRINIH COMM. #2201331 z XOF,- Notary Puf iio • Caiiforsiia o aSan Bernardino County Comm. Expires My 13, 2021 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for CITYWIDE SLURRY SEAL PROGRAM - FISCAL YEAR 2019-20 PROJECT NO. PW19-12 This is to certify that e P l ey'l CC4r-► /n!G - (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 CITYWIDE SLURRY SEAL PROGRAM - FISCAL YEAR 2019-20, PROJECT NO. PW19-12, situated in the City of Temecula, State of California, more particularly described as follows: �i tilr'.L;S CI�Srrrrkr, ADDRESS OR DESCRIBE LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code 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: ( 2 - 710l - 2r W By: Signature r i G2 LS Print Name and Title RELEASE R-1 Item No. 11 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA FEBRUARY 23, 2021 CALL TO ORDER at 8:52 PM: President Schwank ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS - None CSD CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Stewart. The vote reflected unanimous approval. 6. Approve Action Minutes of February 9, 2021 Recommendation: That the Board of Directors approve the action minutes of February 9, 2021. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 8:53 PM, the Community Services District meeting was formally adjourned to Tuesday, March 9, 2021 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. Zak Schwank, President ATTEST: Randi Johl, Secretary [SEAL] Item No. 12 CITY OF TEMECULA/SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: City Manager/City Council Executive Director/Board of Directors FROM: Luke Watson, Director of Community Development DATE: March 9, 2021 SUBJECT: Approve the Eighth Amendment to the Disposition and Development Agreement for the Town Square Marketplace Development Between the Successor Agency to the Temecula Redevelopment Agency, the City of Temecula, and Town Square Marketplace Old Town, LLC (APN Nos. 922-360-004, 005, 006, 007) RECOMMENDATION: That the City Council and Successor Agency to the Temecula Redevelopment Agency adopt resolutions entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE EIGHTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC CONVEYING APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ON MAIN STREET WEST OF MERCEDES STREET RESOLUTION NO. SARDA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE EIGHTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC CONVEYING APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ON MAIN STREET WEST OF MERCEDES STREET BACKGROUND: The Subject Property, also known as the Town Square Marketplace (TSMP), is considered the third and final phase of the overall Civic Center development. The Subject Property consists of the vacant pads flanking the Town Square Park to the north and south. Town Square Marketplace is envisioned as a commercial mixed -use development that will complement the Civic Center and Town Square Park. On December 13, 2016, the City Council and the Successor Agency approved a Disposition and Development Agreement (DDA) with Truax Development outlining the terms of the purchase and sale of the property, due diligence period, schedule of performance, deposit, scope of development, and close of escrow. On June 12, 2018, the City Council and Successor Agency approved the First Amendment to the DDA amending the term involving the close of escrow by extending the term by an additional six (6) months from the approval of the amendment to allow for the proper analysis of a current appraisal of the property. The amendment also required that the Developer bear the cost of all future appraisals. On December 11, 2018, the City Council and Successor Agency approved the Second Amendment to the DDA. On June 11, 2019, the City Council and Successor Agency approved the Third Amendment to the DDA. On December 10, 2019, the City Council approved the Fourth Amendment to the DDA. On January 18, 2020, the City Council approved the Fifth Amendment to the DDA. On April 28, 2020, the City Council approved the Sixth Amendment to the DDA On September 22, 2020, the City Council approved the Seventh Amendment to the DDA. The Eighth Amendment to the DDA will include the following additional terms: • The Developer shall deposit an additional $100,000 into escrow for the purchase of a six- month DDA extension through September 12, 2021. The deposit will be applicable to the purchase price but non-refundable. • The Developer shall have an option to extend the Close of Escrow Deadline six -months upon deposit of an additional $100,000. This second deposit shall be applicable to the purchase price but non-refundable. • The Developer shall pay the City $10,000 for an update to the previous appraisal. FISCAL IMPACT: The TSMP site is a former Redevelopment Agency owned property. Due to the dissolution of the Redevelopment Agency in 2012, the site was transferred to the Successor Agency to the Temecula Redevelopment Agency. Legislation pertaining to the dissolution of Redevelopment required the Successor Agency to produce a Long Range Property Management Plan (LRPMP), in which the Successor Agency was required to identify any former non -housing properties that were owned by the Successor Agency, and the future intentions related to development and or disposition of the properties. The LRPMP identified the TSMP site as "retained for future development." While the site was purchased with funds sourced solely from the former Temecula Redevelopment Agency, Redevelopment dissolution law requires that when former Redevelopment Agency properties are sold, the proceeds of the sale must be divided up amongst the taxing entities that received property tax, based on their proportionate share of each property tax dollar collected. Based on the proportionate share of each property tax dollar collected by the County of Riverside, the proceeds of the sale of the TSMP site that would be disbursed back to the City is estimated to be approximately $150,000 (approximately 5%). Section 3.8 of the DDA stipulates that the City's portion of the sales proceeds are to reimburse the Developer for actual costs incurred in the construction of the public restrooms and electrical infrastructure for the Town Square Park. Further, the Redevelopment dissolution law requires that the site be sold at fair market value. If the site is not sold at fair market value, then the Successor Agency must negotiate special compensation agreements with each individual taxing entity receiving property tax and the developer would be subject to prevailing wage requirements. The Successor Agency is proposing to sell the property at fair market value, and will not be required to enter into special compensation agreements with the taxing entities. The proceeds of the sale will be divided among the taxing entities according to law as described above. As outlined above, the approval of the Eighth Amendment to the DDA will result in additional non-refundable deposits from the Developer towards the purchase price of the property. ATTACHMENTS: 1. Eighth Amendment to the Disposition and Development Agreement 2. CC Resolution 3. SARDA Resolution DRAFT EIGHT AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT by and among the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, the CITY OF TEMECULA, a municipal corporation and TOWN SQUARE MARKETPLACE OLD TOWN, LLC, a California limited liability company 11086-0187\2501396v1.doc EIGHTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT THIS EIGHTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (the "Amendment") is dated as of March 9, 2021, and is entered into by and among the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY (the "Successor Agency"), the CITY OF TEMECULA, a municipal corporation ("City") and TOWN SQUARE MARKETPLACE OLD TOWN, LLC, a California limited liability company ("Developer"). RECITALS A. The City and the Successor Agency entered into a Disposition and Development Agreement dated December 13, 2016 and amended it by a First Amendment to Disposition and Development Agreement dated June 12, 2018, a Second Amendment to Disposition and Development Agreement dated December 11, 2018, a Third Amendment to Disposition and Development Agreement dated June 11, 2019, a Fourth Amendment to Disposition and Development Agreement dated December 10, 2019, a Fifth Amendment to Disposition and Development Agreement dated January 28, 2020, a Sixth Amendment to Disposition and Development Agreement dated April 28, 2020, and a Seventh Amendment to Disposition and Development Agreement dated September 22, 2020 (as so amended, the "DDA") which provided for, among other things, the sale of certain land and improvements by the Successor Agency to the City, and then by the City to the Developer for the purpose of developing a commercial project with assorted retail and restaurants. B. The Developer has requested that the City further modify the DDA to further extend the deadline for the Close of Escrow, and the City is willing to do so upon the terms hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing recitals and other consideration, the adequacy of which is hereby acknowledged, the City, the Successor Agency, and the Developer hereby agree as follows: 1. DDA Modification. Section 2.3 of the DDA is hereby amended to read as follows: "2.3 Opening and Closing of Escrow; Additional Deposits. The Parties have deposited with Escrow Holder a fully executed duplicate original of this Agreement, and amendments, as the initial escrow instructions for the Escrow, and have opened escrow number 7101620499 (the "Escrow") with Escrow Holder for the sale of the Property by the City to Developer. The City and Developer shall provide such additional instructions as shall be necessary and consistent with this Agreement. The Close of Escrow is conditioned upon the satisfaction (or written waiver) of the conditions set forth in Sections 2.5 and 2.6. Escrow must close (the "Close of Escrow") on or before June 9, 2021, and neither the Successor Agency nor the City shall have any obligation whatsoever, express or implied, to extend such date for any reason (and this Agreement shall automatically terminate if escrow does not timely close, except for provisions which are stated to survive termination); however, the Close -1- 11086-0187\2501396v1.doc of Escrow shall be further extended to September 9, 2021 if Developer shall, prior to June 9, 2021, deposit: (i) with Escrow Holder, the sum of $100,000, which shall be applicable to the Purchase Price if the sale of the Property to Developer timely closes, but shall be retained by City as a Fourth Extension Fee if it does not, time being of the essence; and (ii) with City, the sum of $10,000, which shall be applied by City to the costs of obtaining an appraisal update obtained by City to determine the Purchase Price (which must be the appraised fair market value as of the date of the Close of Escrow). Additionally, the City Manager/Executive Director may in his or her sole and absolute discretion, further extend the deadline for Close of Escrow until March 9, 2022 in writing if Developer deposits with Escrow Holder, an additional sum of $100,000 by September 9, 2021, which shall be applicable to the Purchase Price if the sale of the Property to Developer timely closes, but shall be retained by City as a Fifth Extension Fee if it does not, time being of the essence. If the Close of Escrow does not occur by the applicable closing deadline/date, then this Agreement shall automatically terminate (except for provisions which state they survive termination), and except that the Deposit/Extension Fee, Second Extension Fee, Third Extension Fee, any Fourth Extension Fee, and any Fifth Extension Fee shall be immediately delivered to the City (by cashier's check delivered to the City at its address for notices), and all other funds and documents deposited with Escrow Holder shall be promptly refunded or returned, as the case may be, by Escrow Holder to the depositing party, provided that that all escrow and title cancellation fees shall be paid by Developer and may be withheld from funds that would otherwise be returned to Developer." 2. Additional Condition Precedent. The effectiveness of this Amendment is also conditioned upon the approval of this Amendment by the Oversight Board for the Successor Agency. IN WITNESS WHEREOF, the Parties hereto have entered into this Amendment as of the day and year first above written. DEVELOPER: TOWN SQUARE MARKETPLACE OLD TOWN LLC, a California limited liability company By: BIIAJ, LLC, a California limited liability company Managing Member LOW Bernard L. Truax II, Manager CITY: CITY OF TEMECULA In Maryann Edwards, Mayor -2- 11086-0187\2501396v1.doe ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter Thorson City Attorney SUCCESSOR AGENCY: SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY By: Maryann Edwards, Board Chairperson ATTEST: Randi Johl, Secretary APPROVED AS TO FORM: Peter Thorson, General Counsel -3- 11086-0187\2501396v1.doc RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE EIGHTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC CONVEYING APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ON MAIN STREET WEST OF MERCEDES STREET THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. (a) The City of Temecula, Successor Agency to the Temecula Redevelopment Agency, and Town Square Marketplace Old Town, LLC entered into a Disposition and Development Agreement dated as of December 13, 2016 ("DDA") providing for the Successor Agency's conveyance to the City of four parcels of real property composed of approximately one acre and located at the intersection of Main Street and Mercedes Street across from City Hall and the City's conveyance of such parcels to the Town Square Market Place Old Town, LLC for development as specified in the DDA. (b) On June 12, 2018, entered into the First Amendment of the Disposition and Development Agreement, thereby extending the date for the close of escrow to December 12, 2018. (c) On December 11, 2018, entered into the Second Amendment of the Disposition and Development Agreement, thereby extending the date for the close of escrow to June 13, 2019. (d) On June 11, 2019, entered into the Third Amendment of the Disposition and Development Agreement, thereby extending the date for the close of escrow to December 13, 2019. (e) On December 10, 2019 entered into the Fourth Amendment of the Disposition and Development Agreement, thereby extending the date for the close of escrow to January 31, 2020. (f) On January 18, 2020 entered into the Fifth Amendment of the Disposition and Development Agreement, thereby extending the date for the close of escrow to April 30, 2020. (g) On April 28, 2020 entered into the Sixth Amendment of the Disposition and Development Agreement, thereby extending the date for the close of escrow to September 12, 2020. (h) On September 22, 2020 entered into the Seventh Amendment of the Disposition and Development Agreement, thereby extending the date for the close of escrow to March 12, 2021. (i) The parties now wish to extend the date for the close of escrow to September 12, 2021 for the transactions described in the DDA by approving the Eighth Amendment to the DDA. Section 2. Approval of Eighth Amendment. The City Council hereby approves the "EIGHTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC" and authorizes the Mayor to execute said Eighth Amendment on behalf of the City in substantially the form presented to the City Council. Section 3. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of March, 2021. ATTEST: Randi Johl, City Clerk [SEAL] Maryann Edwards, Mayor 2 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. 2021- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of March, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO. SARDA 2021- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE EIGHTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC CONVEYING APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ON MAIN STREET WEST OF MERCEDES STREET THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals (a) The City of Temecula, Successor Agency to the Temecula Redevelopment Agency, and Town Square Marketplace Old Town, LLC entered into a Disposition and Development Agreement dated as of December 13, 2016 ("DDA") providing for the Successor Agency's conveyance to the City of four parcels of real property composed of approximately one acre and located at the intersection of Main Street and Mercedes Street across from City Hall and the City's conveyance of such parcels to the Town Square Market Place Old Town, LLC for development as specified in the DDA. (b) On June 12, 2018, entered into the First Amendment of the Disposition and Development Agreement, thereby extending the date for the close of escrow to December 12, 2018. (c) On December 11, 2018, entered into the Second Amendment of the Disposition and Development Agreement, thereby extending the date for the close of escrow to June 13, 2019. (d) On June 11, 2019, entered into the Third Amendment of the Disposition and Development Agreement, thereby extending the date for the close of escrow to December 13, 2019. (e) On December 10, 2019 entered into the Fourth Amendment of the Disposition and Development Agreement, thereby extending the date for the close of escrow to January 31, 2020. (f) On January 18, 2020 entered into the Fifth Amendment of the Disposition and Development Agreement, thereby extending the date for the close of escrow to April 30, 2020. (g) On April 28, 2020 entered into the Sixth Amendment of the Disposition and Development Agreement, thereby extending the date for the close of escrow to September 12, 2020. (h) On September 22, 2020 entered into the Seventh Amendment of the Disposition and Development Agreement, thereby extending the date for the close of escrow to March 12, 2021. (i) The parties now wish to extend the date for the close of escrow to September 12, 2021 for the transactions described in the DDA by approving the Eighth Amendment to the DDA. Section 2. Approval of Eighth Amendment. The Successor Agency to the Temecula Redevelopment Agency hereby approves the "EIGHTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC" and authorizes the Chairperson to execute said Eighth Amendment on behalf of the Successor Agency to the Temecula Redevelopment Agency in substantially the form presented to the Successor Agency to the Temecula Redevelopment Agency. Section 3. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 9th day of March, 2021. ATTEST: Randi Johl, Secretary [SEAL] Maryann Edwards, Chairperson 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 2021- was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 9th day of March, 2021, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: FEW *04's :1► :•::� a U: :_ ABSENT: BOARD MEMBERS: Randi Johl, Secretary Item No. 13 ACTION MINUTES JOINT TEMECULA PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA FEBRUARY 23, 2021 CALL TO ORDER at 8:55 PM: Chair Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart TPFA / COUNCIL PUBLIC COMMENTS — None TPFA / COUNCIL BUSINESS 8. Approve and Adopt Resolutions of Intention to Form CFD 20-01, Authorize the Levy of Special Taxes, Incur Bonded Indebtedness and Approve Related Documents and Agreements Recommendation: That the City Council/Board of Directors adopt the following resolutions entitled: RESOLUTION NO. TPFA 2021-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN - (HEIRLOOM FARMS) RESOLUTION NO. TPFA 2021-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.20-01 (HEIRLOOM FARMS) RESOLUTION NO.2021-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND IMPLEMENTATION OF AN ACQUISITION AGREEMENT Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Rahn. The vote reflected unanimous approval. TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTORS REPORTS TPFA ADJOURNMENT At 9:11 PM, the Temecula Public Financing Authority meeting was formally adjourned to Tuesday, March 9, 2021, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Maryann Edwards, Chair ATTEST: Randi Johl, Secretary [SEAL] Item No. 14 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: March 9, 2021 SUBJECT: Receive Presentation on the History, Current Efforts and Future Opportunities and Requirements Regarding Affordable Housing Within the City of Temecula PREPARED BY: Luke Watson, Director of Community Development RECOMMENDATION: That the City Council receive and file Staff s presentation on the history, current efforts and future opportunities and requirements regarding Affordable Housing within the City of Temecula. BACKGROUND: At the request of the City Council, Staff has prepared a presentation on the topic of affordable housing in the City of Temecula. The presentation is intended to cover the following issue areas: • City's historical housing patterns • Existing affordable housing • Future affordable housing development • Housing Element process • Regional Housing Needs Assessment (RHNA) • Requests to Consider an Inclusionary Housing Ordinance • City's ongoing role and responsibilities in managing regulatory compliance of existing affordable housing and response to resident inquiries regarding this issue • City's role in the funding and construction of affordable housing • Sources of affordable housing funding • Potential future constraints and opportunities to further the construction of diverse types of affordable housing FISCAL IMPACT: This presentation is receive and file and as such there is no fiscal impact to the City. ATTACHMENTS: None ELECTRONIC COMMENTS SUBMITTED FOR THE RECORD From: Randi Johl Sent: Monday, March 8, 2021 9:12 AM To: Bryan Love Subject: RE: City Council Public Comments Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi johla.temeculaca.Qov 41000 Main St, Temecula, CA 92590 C--(;:"14-131 CaleS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Bryan Love<blove@dnassociates.com> Sent: Monday, March 8,2021 8:53 AM To: Randi Johl <randi.johl@temeculaca.gov> Subject: City Council Public Comments I would like the following read at the next City Council meeting, which I believe is tomorrow the 9`h? Bryan Love Temecula,92591 As we all are aware,the City's homeless population is increasing. This population is expanding to more prominent and visual areas of our community. One area in particular, are the benches at bus stops have become beds for the homeless. (I see this more often than not, along Winchester Road) I propose the City look into installing"mid-rails" on public benches, starting with the ones at bus stops,which will prevent someone from using them to lay down on. This will also make residents in the Community feel safer when they are waiting as these stops for public transportation. Thank you for your Time Bryan Love 1 From: Randi Johl Sent: Tuesday, March 9, 2021 8:03 AM To: Patrick Ellis Subject: FW: Public Comment 3-9-21 Meeting Attachments: Temecula City Council Public Comment.pdf Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.iohl@temeculaca.gov 41000 Main St, Temecula, CA 92590 caes Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Patrick Ellis<patrick@mwcoc.org> Sent: Monday, March 8, 2021 11:21 AM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Public Comment 3-9-21 Meeting Hi Randi, I have attached a copy of my submission for Public Comment for tomorrow nights council meeting. Please let me know if you need anything else and that you received the document ok. Thanks and have a great day. Patrick Ellis, ACE President/CEO Murrieta/Wildomar Chamber of Commerce www.MWCoC.org Chairman of the Board Riverside County Workforce Development Board www.RivcoWorkforce.com President/CEO Impact Southwest Riverside County www.ImpactSWRC.org 951-677-7916 xl office I don't buy anything with Velcro. It's a total rip off. N. ' Q RIvc:rsode Cr; .477024.41 *(intri)(.4..) B 4 MURRIETA/WILDOMAR . • arkfarce DevelopmentBoard .I M P A C T ;HAMBER OF COMMERCE A 11 ii ._ ,7)0,4i MURRIETA/WILDOMAR STRATEGIC PARTNERS IMPACT ...so:,or COMIIAEM-f DIAMOND - • J U It It I:TA PLATINUM M to valkI )11yLI;I S SOUTHWEST HEALTHCARE SYSTEM .a.M[.WU,.Atli/kW. A. Rally u L a Abbott ✓/, Altura Childress t11ew 111.10.1 ........ ......... ...... '.va•4N 4 matAc4 awns 1MYt* � n / SILVER +�, ;1:0A J,Tl� _ NI KISO ps/ e d� rSRC ` VACII IC rRUA I10.6A.•.!. +aM7U` MCIUNM4. © •-r,..CPOITV ems, ISTROMSOE LMOOERN -�.�. filit � ��swMt, .,�r PiMrn �c�ol.a.. • - S' E HAMEL #g4N1 .o MS1C:_r.... ... ` TTzTka ,lrq 2 Good Evening Mayor Edwards and Temecula Councilmembers, The last couple months I have been on an adventure regarding the new proposed MSHCP fees that were adopted by the RCA Board back in December. When this was brought to my attention, I immediately reached out to local developers to discuss the impact that they would have for Southwest Riverside County. One project that was shared with me as an example was an outdoor shooting range in east Temecula. The owner of the project has 240 acres, 40 of which would have to be given to RCA for conservation. They would develop 90 of the remaining acres. Fees the project right now would be $686,213. Under the new fee structure, the cost would be $1,475,818, making the project impossible to complete. This is going to be devastating to some projects, especially projects that are considered recreational which would fall into the industrial category as they do not have their own category. I reached out via email to each of the City Council representatives on the RCA board from all Southwest Riverside County Cities. I was able to talk to most of them with follow up phone calls. I then attended the RCA Board meeting (virtually) and spoke during public comment regarding this concern. After the RCA Board meeting, I had a conversation with Lou Monville, acting Executive Director for BIA. BIA was invited by RCA to come and discuss with the Board their concerns regarding the fees. I also had a conversation with Bill Blankenship, former Executive Director for BIA and now a consultant that has worked on a few projects with NAIOP. He did inform me that in his conversations with NAIOP, they were not invited to the table by RCA to discuss the fees. I have been able to confirm that there was no one at the table representing Commercial/Industrial properties. I received an email from Anne Meyer and Aaron Hake with RCTC asking for a meeting with me to discuss the concerns I had raised at the RCA Board meeting. I met with Ann, Aaron, and Natasha Johnson via zoom to discuss. We talked about what I have laid out above. Some of the very interesting take-aways were that when RCA/RCTC talks about Industrial projects, they only think about 1 million square foot projects like "the" Amazons. They were somewhat shocked to hear about the concerns expressed and desperate needs for Industrial space in Southwest Riverside County. I expressed my concern that the fee structure created a perception of picking winners and losers. I also brought up the shooting range project that I described earlier and once again was met with a bit of surprise regarding the recreational classification under industrial. Our conversation was very productive and was received with completely open ears and minds. My ask of the City Council is to hold off on any actions regarding the MSHCP fee structure. There are obviously questions that need to be answered as to why representation from Industrial/Commercial development was not at the table to discuss and the ultimate impact that this will have on future jobs in Southwest Riverside County. Thank you for the time to share this important dynamic for our region!! Patrick Ellis President/CEO Murrieta/Wildomar Chamber of Commerce President/CEO Impact Southwest Riverside County From: Randi Johl Sent: Tuesday, March 9, 2021 3:59 PM To: P J Subject: RE: For Public Comment March 9 Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.johle,temeculaca.gov 41000 Main St, Temecula, CA 92590 CareS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: P J < Sent: Tuesday, March 9, 2021 1:35 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: For Public Comment March 9 Thank you, Mayor, and members of the city council for an opportunity to speak to you tonight. Question. Is a city council member who works for her half-baked political and religious ideology cultist brethren instead of the collective physical, societal and economic health and wellbeing of her constituents even a councilmember at all? Surely, as a fiscally conservative Republican, Mrs. Alexander knows the value of ensuring the financial viability of a city when aid is offered from the state and federal level, right? Obviously, as a multi-level marketer uuuuuhhhh I mean small business owner, she wouldn't dare refuse funds that can help city residents in order to appease G-Q-P whackadoodles on Facebook, right? Oh, but she did. And she probably got so many "likes" on Facebook. That's super. "Elections have consequences," they say. Being the lone no vote on emergency order funds that benefit the whole of the city you claim to represent is an example of the consequence of electing a right-wing anarchist to a local city council position because she waved the flag of a two-time loser conman on a street corner on the weekends. And, because she's white, of course. Perhaps she was only following in the footsteps of the great state senator Melissa Melendez who spends her entire time in Sacramento pulling the pigtails of Governor Gavin Newsom and pretending to actually work for her constituents. Pssst. I think Mel has a crush on him. Don't tell him, k? Role-playing as a false patriot time is over, Jessica. Time to put on your adulting pants and actually do thoughtful work on BEHALF of your constituents instead of saying no to stuff that is good for the city because your conspiracy theory, insurgency pastor will shout you out from the pulpit. It's over. He lost. You're not next. Grow up. Do your job. Also, more affordable housing within city limits — I know, I know, you Temecula NIMBYs, you don't like it, and you don't know what it means, but it angers you and makes your head so hot, and you just want to go on Temecula Talk and use angry emojis — but we need more affordable housing. Suck it up, snowflakes. Also, nice to see Old Town Temecula back to being a COVID-19 superspreader hub with indoor dining and live country and western dancin' .. for a minute there, I thought we were losing our bad judgment swagger. Yours, PJ in Temecula 2 From: Randi Johl Sent: Tuesday, March 9, 2021 3:55 PM To: Dale Borgeson Subject: RE: Public Comments for Tonight's Council Meeting Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.iohl a(�temeculaca.gov 41000 Main St, Temecula, CA 92590 cateS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Dale Borgeson < Sent: Tuesday, March 9, 2021 3:40 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Public Comments for Tonight's Council Meeting Dear Mayor Edwards, members of the Temecula City Council, City of Temecula staff, and residents. I, Dale Borgeson, am speaking on behalf of the Bike Temecula Valley coalition founding members. We recognize the importance of community outreach during the budget process, which is why I am here before you this evening. As members of the City Council tasked with creating a safe, sustainable, healthy, mobile and connected, and prosperous community, we would like to encourage you to invest in projects that support bicycling and active transportation in our community. Trails, bike parks and bike lanes all support an active and healthy lifestyle. One's ability to safely enjoy our community by bike is an important component to a healthy body and mind as well as increasing opportunities for civic engagement. Moreover, seeing Temecula by bicycle exposes riders to many gems in our community that are less apparent when traveling by car. This includes local retailers and small businesses, parks and neighborhoods that make our city. Over the past year, we have seen an increased interest in biking during the COVID-19 pandemic. People have once again fallen in love with the bicycle. Locally the success of the Temecula Pump Track and newly added mini pump track only reinforces the idea that increased funding in bike specific projects is a solid return on investment. It is important that we understand that the decisions we make today directly impact and influence the city we live in tomorrow. Please use your voice and encourage a dedicated annual funding source for bike specific projects. We envision a community where everyone feels safe biking in Temecula...connecting our neighborhoods to schools, parks, and businesses. We believe that continuing to improve the bike infrastructure across the city will connect more people with one another and improve the quality of life for all Temecula residents. Respectfully, Dale Borgeson Gordon Cooper Ric Van Der Linden Sean Sampson George Tamayo Sent from the all new AOL app for iOS 2 From: Randi Johl Sent: Tuesday, March 9, 2021 4:52 PM To: Cecilie Nelson Subject: RE: 3/9 Public comment submission Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.iohl a(..temeculaca.gov 41000 Main St, Temecula, CA 92590 cares Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Cecilie Nelson < Sent:Tuesday, March 9, 20214:50 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: 3/9 Public comment submission Hi, Randi! I wish to submit the following for public comment — *****Good evening, Madam Mayor,council members, and commissioners! I'm here today in recognition of March as National Kidney Awareness Month and Thursday, March 11th, as World Kidney Day. I'm hoping to draw attention to Chronic Kidney Disease, a disease currently affecting 37 million American adults, with millions more at increased risk. High risk groups include those with diabetes, high blood pressure and family history of kidney failure. African Americans, Latinos, Pacific Islanders,American Indians and Seniors are at particular increased risk. However, early detection can help prevent the progression of CKD to kidney failure. As a Temecula homeowner and resident of the region,as well as one who just started dialysis last month as a result of CKD, my hope is to encourage people to do two things-One -get to know your numbers and your personal risk! And Two, consider living organ donation. There are 100,000 people, myself included, waiting for a kidney transplant-a recipient's best chance at improved and prolonged life. Please visit the National Kidney Foundation at kidney.org for more information, and...if any fellow residents and colleagues would like to consider helping me directly, please take the compatibility assessment at health.UCSD.edu. In any case, please stay aware, keep well and know that I, and we as Kidney Warriors, thank you!!! Cecilie Nelson Kidney Warrior since 2003,Transplant Candidate since 2019 and Temecula Proud since 2008 1 What's Your Home Worth? Get three automated Estimates- Instantly. No cost, and no obligation. Cecilie Nelson, Real Estate Consultant Berkshire Hathaway Home Services-California Properties CalBRE#01943596 Do Living Well. 2 From: Ed Dool < Sent: Tuesday, March 9, 2021 6:30 PM To: Randi Johl Subject: PUBLIC COMMENTS: Temecula Police Station Hello Mayor Edwards and City Council Members I have been a long time resident and businessman in Old Town Temecula since 1989. I and others are very encouraged that the City is looking into having its own Police Station, and in the future having its own Police Force.The city spends a lot of money on public safety, I know our city residents would be so proud to have their own TPD. Two of my grown boy's live in the City of Menifee and they are very impressed with Menifee's police department,with all my research, a city with over 115,000 residents would benefit with its own police department. Thanks to Menifee, and the City of Murrieta ,they have already created the wheel for us to follow. Let's get our Temecula Police Department back. Thank you Ed Dool . Edward Dool Virus-free.www.avg.com I. From: Randi Johl Sent: Tuesday, March 9, 2021 5:15 PM To: Latina Association Subject: RE: Item 6 Margarita Recreation Center Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl, JD, MMC Legislative Director/City Clerk randi.johl(cDtemeculaca.gov 41000 Main St, Temecula, CA 92590 R CMS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Latina Association < Sent:Tuesday, March 9, 2021 5:09 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Item 6 Margarita Recreation Center Although a functional Recreational Center is ideal, I strongly ask to reconsider allocating Measure S funds to aid small business and working residents who are struggling to put food on their table. Measure S passed under the premise to allocate its funds on safety; the greater safety than being able to have food and shelter. Thank you. Martha Angelica Howard Latina Association of Riverside County, President Former Temecula City Council District 5 Candidate 2018 Temecula Woman of the Year NAACP-W.I.N. 2018 Latina Association of Riverside County "To make a difference through engaging in public policy, education, and culture affirmation." https://www.facebook.com/pages/Latina-Association-of-Ri verside-County/209501775871863 1 From: Randi Johl Sent: Tuesday, March 9, 2021 4:13 PM To: Subject: RE: Dear Randi, I have another comment on Item 7 Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.johl@temeculaca.gov 41000 Main St, Temecula,CA 92590 CareS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Sent:Tuesday, March 9, 2021 4:07 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Dear Randi, I have another comment on Item 7 Re: Temecula City Council's Agenda Item 7-March 9, 2021 Dear City Council; Item 7 is the Fiber Optic Communication System Upgrade Project, PW18-05 This project will install optic communication system upgrades. This project will upgrade the City's communication system equipment. This project sounds great but the issues with this project are similar to those of"Red Light Cameras". Red light cameras were a leap into a "Surveillance State". 1 "The surveillance state is a government's surveillance of large numbers of citizens and visitors. Such widespread surveillance is most usually justified as being necessary to prevent crime or terrorism. The growth of state surveillance has led to concerns about the erosion of privacy and civil liberties, and also to worries that over-reliance on such measures may lead to complacency by law enforcement officers."Wikipedia As an American, I love my freedom and my privacy. This project could deter the American dream. Those who don't wear a mask could be arrested in a future administration. Opposition party candidates could be surveilled at all times, thus corrupting a free and open society. Sincerely, Bob Kowell President, Murrieta Temecula Republican Assembly 2 From: Randi Johl Sent: Monday, March 8, 2021 9:12 AM To: Karen Raymond Subject: RE: City council meeting March 9th Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.johl@temeculaca.gov 41000 Main St,Temecula,CA 92590 Please note that email correspondence with the City of Temecula,along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. Original Message From: Karen Raymond < Sent: Sunday, March 7,2021 8:27 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: City council meeting March 9th In regards to the affordable housing listed on the agenda,to be read into the record; According to the 2021-2029 Housing Element Temecula is required to produce 4183 housing units, it however does not answer how or what specific types of housing this will include. Yet the council approved an entire community"Heirloom Farms" off of Ynez and Date St.with no provisions for attainable homeownership for the local workforce, nor any affordable housing. The housing element also states that the previous housing element for 2013-2020 determined 1493 units were needed, was this accomplished? With the current housing element,the median Temecula home is$500,000 and requires an income of$125,000 in order to qualify. 60%of Temeculas population does not earn enough to qualify for homeownership within their own community. The average rent for an apartment in Temecula is$2,011,again according to the current housing element. How is the city addressing the need for starter homes for the local economic workforce? Rentals create zero upward mobility and with rent being so out of touch with income levels it inhibits the ability to save for better. How does the council plan to address the need for homeownership for the local economic workforce? What's is the councils resistance to discussing the merits of a proposal brought by a local workforce community member? Please consider LaMonts proposal. Thank you, Karen Raymond 1 Murrieta Resident 25 years Sent from my mobile device 2 From: Randi Johl Sent: Monday, March 8, 2021 9:12 AM To: Alicia Kelley Subject: RE: Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl, JD, MMC Legislative Director/City Clerk randi.iohatemeculaca.gov 41000 Main St, Temecula, CA 92590 CateS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From:Alicia Kelley< Sent: Monday, March 8, 2021 9:05 AM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Hello, My name is Alicia and I am a single mother of two young children working and living in Temecula. I currently rent a bedroom in a house because that is all I can afford in this area. I work hard, I work full time and doing all that I can to make sure my kids are living the best life possible. It is not easy living in a bedroom with 3 people.They deserve better. I deserve better. March 9th council meeting; In regards to the affordable housing listed on the agenda,to be read into the record; According to the 2021-2029 Housing Element Temecula is required to produce 4183 housing units, it however does not answer how or what specific types of housing this will include. Yet the council approved an entire community "Heirloom Farms" off of Ynez and Date St. with no provisions for attainable homeownership for the local workforce, nor any affordable housing. The housing element also states that the previous housing element for 2013-2020 determined 1493 units were needed,was this accomplished? With the current housing element,the median Temecula home is$500,000 and requires an income of$125,000 in order to qualify. 60%of Temeculas population does not earn enough to qualify for homeownership within their own community. The average rent for an apartment in Temecula is$2,011, again according to the current housing element. 1 How is the city addressing the need for starter homes for the local economic workforce? Rentals create zero upward mobility and with rent being so out of touch with income levels it inhibits the ability to save for better. How does the council plan to address the need for homeownership for the local economic workforce? What's is the councils resistance to discussing the merits of a proposal brought by a local workforce community member? Please consider LaMonts proposal. 2 From: Randi Johl Sent: Tuesday, March 9, 2021 7:58 AM To: Wayne Mugar Subject: RE:Temecula City Council Regular Meeting 3/9/21 7:00 PM Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl, JD, MMC Legislative Director/City Clerk randi.iohl@temeculaca.gov 41000 Main St,Temecula,CA 92590 CaleS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From:Wayne Mugar< Sent: Monday, March 8, 2021 10:22 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject:Temecula City Council Regular Meeting 3/9/21 7:00 PM Dear Ms. Johl, Re: Agenda Business #14 Housing Element Presentation Regarding Affordable Housing Within the City of Temecula. Does Temecula's general plan have enough zoned land for affordable housing within the Regional Housing Needs Allocation (RHNA) to attain the goal of 2154 units by 2029 for low income households? How much public funds have been utilized over the past 10 years for purpose of any type of development within the city of Temecula? If public funds were used, how much was allocated to low income housing? Does the city have any regulations on annual rent increases for low income housing? I look forward to the Council's response. Thank you, Wayne Mugar 1 Temecula, CA 92591 2 From: Randi Johl Sent: Monday, March 8, 2021 11:04 AM To: Moira Johnson Subject: RE:Affordable Housing - March 9th Council Meeting Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl, JD, MMC Legislative Director/City Clerk randi.iohl aa..temeculaca.00v 41000 Main St, Temecula, CA 92590 CMS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Moira Johnson < Sent: Monday, March 8, 2021 10:45 AM To: Randi Johl <randi.johl@temeculaca.gov> Subject:Affordable Housing- March 9th Council Meeting Hello, In regards to the affordable housing listed on the agenda,to be read into the record; According to the 2021-2029 Housing Element Temecula is required to produce 4183 housing units, it however does not answer how or what specific types of housing this will include. Yet the council approved an entire community"Heirloom Farms" off of Ynez and Date St. with no provisions for attainable homeownership for the local workforce, nor any affordable housing. The housing element also states that the previous housing element for 2013-2020 determined 1493 units were needed,was this accomplished? With the current housing element, the median Temecula home is$500,000 and requires an income of$125,000 in order to qualify. 60%of Temeculas population does not earn enough to qualify for homeownership within their own community. The average rent for an apartment in Temecula is$2,011, again according to the current housing element. How is the city addressing the need for starter homes for the local economic workforce? Rentals create zero upward mobility and with rent being so out of touch with income levels it inhibits the ability to save for better. How does the council plan to address the need for homeownership for the local economic workforce? What's is the councils resistance to discussing the merits of a proposal brought by a local workforce community member? Please consider LaMonts proposal. 1 Regards, Moira Johnson 2 From: Randi Johl Sent: Tuesday, March 9, 2021 8:02 AM To: Subject: RE: Comments for March 9 Temecula City Council Meeting ... Item 14: Receive Presentation on the History, Current Efforts and Future Opportunities and Requirements Regarding Affordable Housing Within the City of Temecula Recommendation: Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.iohlratemeculaca.gov 41000 Main St,Temecula, CA 92590 CaieS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Sent: Monday, March 8, 20214:51 PM To: Randi Johl <randi.johl@temeculaca.gov> Cc: Matt Rahn<matt.rahn@TemeculaCA.gov>; Zak Schwank<Zak.Schwank@temeculaca.gov>; Maryann Edwards <Maryann.Edwards@citycouncil.org>;Jessica Alexander<Jessica.Alexander@TemeculaCA.gov>;James Stewart <James.Stewart@TemeculaCA.gov>; Council Assistant<council.assistant@temeculaca.gov> Subject: Comments for March 9 Temecula City Council Meeting ... Item 14: Receive Presentation on the History, Current Efforts and Future Opportunities and Requirements Regarding Affordable Housing Within the City of Temecula Recommendation: Dear Temecula City Council ... In regards to Agenda Item 14: Receive Presentation on the History, Current Efforts and Future Opportunities and Requirements Regarding Affordable Housing Within the City of Temecula, a few points need to be made and considered. It seems that year after year, the topic of affordable/low income housing is regularly injected into our city by outside forces, be they State Capitol politicians, out-of-touch Washington D.C. bureaucrats, globalists seeking to fulfill some sort of United Nations plan, and/or a myriad of other social engineers, social utopians and activist pressure groups. Yet the decision for such plans ultimately rests here with the people of Temecula who exercise their free agency and self-determination through their elected representatives at the local level. I am generally supportive of affordable housing, but of course the devil is in the details. The development of more affordable single family homes after building the needed roads and infrastructure is a worthy goal. Unfortunately the costs of such single family homes have become 1 prohibitive largely due to state and local diktats, numerous and high fees, complicated red tape and a plethora of bureaucracy. A return back to free market principles and the curtailing of the cost distortions created by government interference would go a long way to making single family homes more affordable. Another issue related to affordable and low income housing are the problems associated with high density housing. Right now many of America's large cities are experiencing an exodus of people due to the close proximities that are shared by living in urban environments. Much of this is a direct result of the COVID- 19 pandemic as social distancing has become a new reality in life. Yet the practice of social distancing becomes antithetical to the idea of enticing more and more people into high density housing. This is the new reality as the public at large is now becoming more averse to crowded and close quarter living conditions. Higher numbers of people living in closer proximities to each other will spread germs at higher rates. This is common sense. Another problem associated with high density housing is one of environmental impact. Crowding more people together in higher density living conditions naturally results in higher carbon outputs, more pollution and higher concentrations of greenhouse gases. Simply put, if you seek to minimize our city's carbon footprint, then you must curtail the development of high density housing. Of course this seems so obvious and commonsensical that I should not have to bore you with further details. But I will leave you with this last bit of food for thought .. several decades ago ethologist John C. Calhoun conducted a rather famous experiment in which he overcrowded Norwegian rats into high density living conditions then observed and noted the high prevalence of resulting social pathologies and degenerative behaviors that followed. Calhoun described this as The Behavioral Sink and I believe that even in this day and age this experiment serves as a noteworthy parable to what is occurring within many of our highly populated metropolitan areas right now. This was further written about by American author Tom Wolfe in his essay "0 Rotten Gotham—Sliding Down into the Behavioral Sink" in his social critique novel "The Pumphouse Gang." In the meantime ... I appeal to you city council members to resist the siren's song by out of touch dogmatic bureaucrats, governmental associations, and social engineers who would seek to create urbanized ghettos within our cherished city, accompanied by all of the social and criminal pathologies that would naturally follow in the wake. This is a simple illustration of cause and effect. If you cause more overcrowding with high density housing then the effect will be more crime, more destitution and more misery. You can take that to the bank. Thank you for your time and consideration. Sincerely, Rick Reiss Paseo Del Sol Temecula, CA 92592 References: https://www.gwern.net/docs/sociology/1962-calhoun.pdf https://www.cabinetmagazine.org/issues/42/wiles.php https://www.goodreads.com/book/show/361773.The Pump House Gang 2 Sent from my iPad WIIN\IV IIWIII\411\1111 Y11 I. Nan.?meow at Oln.4as lJ1sillum11 aft llwtlraall•taeaa Wade UMW*Amos•as tolt..11a•n'. M.anwalie f►.ow •st •.•..•..1 K M.1•.•4e..•r...... A••r Wry••.wr.v•prom wl••� .1NSt .y..4t r•f..r4. ltall•Io .(emYfail/ tin iI tttlHlt( Ult M LI*.\l\LL•ti .....-r•• •.t••trJ Wl.t.w.fr.y.••••• NI, •`1r.•lwr••.r+Y•.w•^^..1••M.. ••.1•r•I►.nr.•..M WOO W..r..l.o,•.•..•r, Y11a•I.11i n..a ...w•«...-y...«oohs!. J r•ra••,..r.•,•I«r.n.......••r•.rr... one ....—•..•.w ti.••,....r•.- .....1.,1...r.. • Pap N • • 3 From: Randi Johl Sent: Tuesday, March 9, 2021 7:59 AM To: Dario Subject: RE: High Density Housing - Temecula Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.johl@temeculaca.gov 41000 Main St,Temecula,CA 92590 Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act,and therefore may be subject to disclosure unless otherwise exempt. Original Message From: Dario< Sent: Monday, March 8,2021 9:43 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: High Density Housing-Temecula Dear Temecula City Council, In regards to Agenda Item 14: Receive Presentation on the History, Current Efforts and Future Opportunities and Requirements Regarding Affordable Housing Within the City of Temecula, a few points need to be made and considered. It seems that year after year,the topic of affordable/low income housing is regularly injected into our city by outside forces, be they State Capitol politicians,out-of-touch Washington D.C. bureaucrats,globalists seeking to fulfill some sort of United Nations plan, and/or a myriad of other social engineers,social utopians and activist pressure groups. Yet the decision for such plans ultimately rests here with the people of Temecula who exercise their free agency and self-determination through their elected representatives at the local level. I am generally supportive of affordable housing, but of course the devil is in the details. The development of more affordable single family homes after building the needed roads and infrastructure is a worthy goal. Unfortunately the costs of such single family homes have become prohibitive largely due to state and local diktats, numerous and high fees, complicated red tape and a plethora of bureaucracy. A return back to free market principles and the curtailing of the cost distortions created by government interference would go a long way to making single family homes more affordable. Another issue related to affordable and low income housing are the problems associated with high density housing. Right now many of America's large cities are experiencing an exodus of people due to the close proximities that are shared by living in urban environments. Much of this is a direct result of the COVID-19 pandemic as social distancing has become a new reality in life. 1 Yet the practice of social distancing becomes antithetical to the idea of enticing more and more people into high density housing.This is the new reality as the public at large is now becoming more averse to crowded and close quarter living conditions. Higher numbers of people living in closer proximities to each other will spread germs at higher rates.This is common sense. Another problem associated with high density housing is one of environmental impact. Crowding more people together in higher density living conditions naturally results in higher carbon outputs, more pollution and higher concentrations of greenhouse gases. Simply put, if you seek to minimize our city's carbon footprint, then you must curtail the development of high density housing. Of course this seems so obvious and common sense that I should not have to bore you with further details. But I will leave you with this last bit of food for thought .. several decades ago ethologist John C. Calhoun conducted a rather famous experiment in which he overcrowded Norwegian rats into high density living conditions then observed and noted the high prevalence of resulting social pathologies and degenerative behaviors that followed. Calhoun described this as The Behavioral Sink and I believe that even in this day and age this experiment serves as a noteworthy parable to what is occurring within many of our highly populated metropolitan areas right now. This was further written about by American author Tom Wolfe in his essay "0 Rotten Gotham—Sliding Down into the Behavioral Sink" in his social critique novel "The Pumphouse Gang." In the meantime ... I appeal to you city council members to resist the siren's song by out of touch dogmatic bureaucrats, governmental associations, and social engineers who would seek to create urbanized ghettos within our cherished city, accompanied by all of the social and criminal pathologies that would naturally follow in the wake. This is a simple illustration of cause and effect. If you cause more overcrowding with high density housing then the effect will be more crime, more destitution and more misery. You can take that to the bank. Thank you for your time and consideration. Sincerely, Dario Bianchi Temecula, CA 92592 2 From: Randi Johl Sent: Tuesday, March 9, 2021 7:58 AM To: Christine O'Neil Subject: RE: PIs read to City Council at March 9th Meeting, Re: Agenda Item #14 Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl, JD, MMC Legislative Director/City Clerk randi.iohl aatemeculaca.gov 41000 Main St, Temecula, CA 92590 MISS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Christine O'Neil< Sent: Monday, March 8, 2021 9:52 PM To: Randi Johl<randi.johl@temeculaca.gov> Subject: Pls read to City Council at March 9th Meeting, Re: Agenda Item#14 Members of the Council, Due to the Covid 19 pandemic we have a new awareness of the effects of high density housing. High density housing has proven to be hazardous to our health and also problematic for the environment,as this configuration results in higher carbon emissions and greenhouse gases. Temecula is a modern city which embraces the current science on climate change, carbon emissions and greenhouse gases. In fact,Temecula currently has numerous Affordable Housing units available. Please take a "pause" on additional high density housing in our city. Thank you, Brian and Christine ONeill i From: Randi Johl Sent: Tuesday, March 9, 2021 9:56 AM To: Upward Community Subject: RE: Public Comment to be read into the record March 9th Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.iohl(atemeculaca.00v 41000 Main St, Temecula, CA 92590 CateS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Upward Community<hello@upwardcommunity.org> Sent:Tuesday, March 9, 20219:30 AM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Public Comment to be read into the record March 9th In reference to the affordable housing item listed on the agenda, to be read into the record: Council, In a recent advocacy meeting, a prominent and politically engaged community member stated they had "never heard of this need for attainable housing." This reflects a multitude of factors, including Council's silence on the housing crisis. However, beyond that, it is important to recognize the individuals who would most benefit from attainable housing are at work. They do not have the luxury to carve out time to attend council meetings or review Housing Element proposals. Moreover, they often do not know where to begin when it comes to local government or civic involvement. Jonnie Estes www.upwardcommunity.org 1 From: Randi Johl Sent: Tuesday, March 9, 2021 9:54 AM To: Laurel LaMont Subject: RE: March 9th Council meeting Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.johl(c�temeculaca.gov 41000 Main St,Temecula, CA 92590 Ci;*7":ik."t4rj5t CMS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Laurel LaMont< Sent:Tuesday, March 9, 2021 9:53 AM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Fwd: March 9th Council meeting I forgot to sign my name, Laurel LaMont Sent from my iPhone Begin forwarded message: From: Laurel La Mont< Date: March 9, 2021 at 9:23:14 AM PST To: Randi Johl<randi.johl@temeculaca.gov> Subject: March 9th Council meeting In reference to the affordable housing item listed on the agenda, to be read into the record: Council, According to data obtained from official City sources,the median price for a home in Temecula is $500,000 and requires an annual income of$125,000 to qualify. Based on this information, 60%of Temecula households are locked out of home ownership in their own community. Moreover,the average rent for an apartment in Temecula is$2,011. So-called affordable housing is finally on the agenda for discussion.Out of respect for the overwhelming 1 majority of your constituency, please answer the following questions: 1. Why did Council approve Heirloom Farms, off of Ynez and Date St., with no provisions for attainable homeownership for the local workforce, or any affordable housing? 2. With 60%of Temecula's households locked out of home ownership, why didn't Council negotiate better terms for the "affordable housing" developments currently in the pipeline? In other words, why does the City give developers millions of dollars in grants and property, but fail to negotiate basic living standards, such as washer and dryer hooks ups or dishwashers? 3. I brought my proposal for attainable home ownership to Council Member Schwank's attention in April 2020? Nearly a year later, with 60%of Temecula's households unable to purchase a home, why has Council refused to discuss the merits of this proposal? 4. What action steps will Council take, beyond the presentation of an informative video, to address the need for starter homes for the local economic workforce? I am a member of Temecula's local workforce. I'm also a single mom. I've raised my son all on my own and worked hard to keep us off of government assistance. I've spent an exorbitant amount of time and late nights researching housing policies and the role of local government. I do this out of a heartfelt passion for other humans, and not because I find any of it particularly interesting or fun. Please do not make a mockery of my time by ignoring the valid questions I brought before you tonight. On a final note, I come to this table wanting to be allies, my intentions are strictly advocating for the local workforce. Therefore, I direct this part to Council Member Rahn: I sincerely believe you care. I listened to you speak up about rent freezes during the early months of the pandemic. I've watched you take the lead when necessary and not conform to a majority. I respect the manner in which you represent your constituents and believe you are the bridge between Council and the local economic workforce. Let us come to the table and work with you to create attainable home ownership. Sent from my iPhone 2 From: Randi Johl Sent: Tuesday, March 9, 2021 10:19 AM To: Lacey Lewis Subject: RE:Temecula City Council Meeting Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.iohatemeculaca.gov 41000 Main St,Temecula,CA 92590 cafes Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Lacey Lewis< Sent:Tuesday, March 9,2021 10:17 AM To: Randi Johl <randi.johl@temeculaca.gov> Subject:Temecula City Council Meeting In regards to the affordable housing listed on the agenda, to be read into the record; Dear City Council, I am writing you to express the need for attainable homeownership in the city of Temecula. I have worked for Trader Joe's for 14 years. It is impossible to find suitable housing that I am able to afford for myself and 2 daughters. I make too much money for low income housing and not nearly enough to even rent a decent apartment. It is unfortunate that we are important enough to serve the community yet we are not important enough to be able to afford to live within the community we serve. We need to be seen. Every time you go to the grocery store, and someone checks your groceries out at the register,that is us.The bus drivers that pick up your kids,take them to school and get them home safely,that is us. According to the 2021-2029 Housing Element Temecula is required to produce 4183 housing units, it however does not answer how or what specific types of housing this will include. Yet the council approved an entire community"Heirloom Farms" off of Ynez and Date St. with no provisions for attainable homeownership for the local workforce, nor any affordable housing. The housing element also states that the previous housing element for 2013-2020 determined 1493 units were needed, was this accomplished? With the current housing element,the median Temecula home is$500,000 and requires an income of$125,000 in order to qualify. 60%of Temeculas population does not earn enough to qualify for homeownership within their own community. The average rent for an apartment in Temecula is$2,011,again according to the current housing element. How is the city addressing the need for starter homes for the local economic workforce? Rentals create zero upward mobility and with rent being so out of touch with income levels it inhibits the ability to save for better. How does the council plan to address the need for homeownership for the local economic workforce? What is the councils resistance to discussing the merits of a proposal brought by a local workforce community member? Please consider LaMonts proposal. Sincerely, Lacey Lewis Sent from Yahoo Mail for iPhone 2 From: Randi Johl Sent: Tuesday, March 9, 2021 12:47 PM To: Subject: RE:Temecula City Council Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.johl@temeculaca.gov 41000 Main St,Temecula, CA 92590 Please note that email correspondence with the City of Temecula,along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. Original Message From: Sent:Tuesday, March 9, 2021 12:06 PM To: Randi Johl<randi.johl@temeculaca.gov> Subject:Temecula City Council >>> >>> In regards to the affordable housing listed on the agenda, to be read into the record; >>> Hello my name is Susan Pierce and I am a single mother in Temecula. I work full time at Trader Joes and my son goes to school here and is in third grade. I currently live with a room mate who is moving out in July at that time I will find myself without a home unless I can find an affordable option. Im looking and will continue to look at all the affordable rental options in Temecula. It is turning out to be a lot more discouraging than I had anticipated. I would like for you to know im here and very much in need for you to advocate for me. > > >According to the 2021-2029 Housing Element Temecula is required to produce 4183 housing units, it however does not answer how or what specific types of housing this will include. Yet the council approved an entire community "Heirloom Farms" off of Ynez and Date St. with no provisions for attainable homeownership for the local workforce, nor any affordable housing. The housing element also states that the previous housing element for 2013-2020 determined 1493 units were needed, was this accomplished? > >With the current housing element, the median Temecula home is$500,000 and requires an income of$125,000 in order to qualify. 60%of Temeculas population does not earn enough to qualify for homeownership within their own community. The average rent for an apartment in Temecula is$2,011,again according to the current housing element. > > How is the city addressing the need for starter homes for the local economic workforce? Rentals create zero upward mobility and with rent being so out of touch with income levels it inhibits the ability to save for better. > > How does the council plan to address the need for homeownership for the local economic workforce? > 1 >What is the councils resistance to discussing the merits of a proposal brought by a local workforce community member? Please consider LaMonts proposal. >>>Sincerely, Susan Pierce Sent from my iPhone 2 From: Randi Johl Sent: Tuesday, March 9, 2021 3:54 PM To: Subject: RE: Dear Ms.Johl; please read my comment on Action Item 14 Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.iohk temeculaca.gov 41000 Main St, Temecula, CA 92590 J15_ Cr". (7.-- CateS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Sent:Tuesday, March 9, 2021 3:49 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Dear Ms.Johl; please read my comment on Action Item 14 Re: Temecula City Council's Agenda Item 14-March 9, 2021 Dear City Council; Item 14 increase the number of people in S/W Riverside County with high density housing also called affordable housing to make the name more appealing to the people. High density housing affects all of S/W Riverside County as well as northern San Diego County. There may be about 110,000 people that live in Temecula right now even with many people are moving out due to the incredible traffic problems on our freeways and obtuse California laws. The increase of high density housing and the loss of those that can leave will make this area more like Los Angeles than the quaint city that it is now. People come here to escape LA. 1 The more people here will also increase the number of people in contact with each other which will increase the number of people that spread diseases such as Covid 19 and future Covid type diseases. Also, where is the mitigation for traffic issues. Fix traffic first and then talk about morfe people. Sincerely, Bob Kowell President, Murrieta Temecula Republican Assembly Bob Kowell 2 From: Randi Johl Sent: Tuesday, March 9, 2021 4:14 PM To: Sarah Peyton Subject: RE: March 9th council meeting Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.iohl(a)temeculaca.gov 41000 Main St,Temecula, CA 92590 CMS 1V' Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From:Sarah Peyton< Sent:Tuesday, March 9,2021 4:10 PM To: Randi Johl<randi.johl@temeculaca.gov> Subject: March 9th council meeting March 9th council meeting; In regards to the affordable housing listed on the agenda,to be read into the record; According to the 2021-2029 Housing Element Temecula is required to produce 4183 housing units, it however does not answer how or what specific types of housing this will include. Yet the council approved an entire community "Heirloom Farms" off of Ynez and Date St. with no provisions for attainable homeownership for the local workforce, nor any affordable housing. The housing element also states that the previous housing element for 2013-2020 determined 1493 units were needed, was this accomplished? With the current housing element, the median Temecula home is$500,000 and requires an income of$125,000 in order to qualify. 60%of Temeculas population does not earn enough to qualify for homeownership within their own community. The average rent for an apartment in Temecula is$2,011, again according to the current housing element. How is the city addressing the need for starter homes for the local economic workforce? Rentals create zero upward mobility and with rent being so out of touch with income levels it inhibits the ability to save for better. How does the council plan to address the need for homeownership for the local economic workforce? What is the councils resistance to discussing the merits of a proposal brought by a local workforce community member? Please consider LaMonts proposal. 1 From: Randi Johl Sent: Tuesday, March 9, 2021 5:24 PM To: Jennifer Cornelius Subject: RE: March 9th Council Meeting Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.johl@temeculaca.gov 41000 Main St,Temecula,CA 92590 Please note that email correspondence with the City of Temecula,along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. Original Message From:Jennifer Cornelius< Sent: Tuesday, March 9, 2021 5:21 PM To: Randi Johl<randi.johl@temeculaca.gov> Cc:Jennifer Cornelius< Subject: March 9th Council Meeting In regards to the affordable housing listed on the agenda,to be read into the record: According to the 2021-2029 Housing Element Temecula is required to produce 4183 housing units, it however does not answer how or what specific types of housing this will include. Yet the council approved an entire community "Heirloom Farms" off of Ynez and Date St. with no provisions for attainable homeownership for the local workforce, nor any affordable housing. The housing element also states that the previous housing element for 2013-2020 determined 1493 units were needed, was this accomplished? With the current housing element, the median Temecula home is$500,000 and requires an income of$125,000 in order to qualify. 60%of Temeculas population does not earn enough to qualify for homeownership within their own community. The average rent for an apartment in Temecula is$2,011, again according to the current housing element. How is the city addressing the need for starter homes for the local economic workforce? Rentals create zero upward mobility and with rent being so out of touch with income levels it inhibits the ability to save for better. How does the council plan to address the need for homeownership for the local economic workforce? What is the councils resistance to discussing the merits of a proposal brought by a local workforce community member? Please consider LaMont's proposal. Thank you, Jennifer Cornelius Temecula Resident 1 From: Randi Johl Sent: Tuesday, March 9, 2021 5:37 PM To: Tammy Acme Subject: RE: Public Comments for 3-9-2021 City Council Meeting Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.iohl(a�temeculaca.gov 41000 Main St, Temecula, CA 92590 CateS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From:Tammy Acme< Sent:Tuesday, March 9, 2021 5:32 PM To: Randi Johl<randi.johl@temeculaca.gov> Subject: Public Comments for 3-9-2021 City Council Meeting To the Temecula City Council, Thank you for reading my comments into the public record. I recently watched the video entitled "Housing Element Workshop#1" provided by the City of Temecula. According to the 2021-2029 housing element,Temecula is required to produce 4183 housing units. What types of housing is that supposed to include? The Temecula City Council approved the building of a community called Heirloom Farms, however there are no provisions that this community must include affordable housing for the local workforce. Why are there no provisions for attainable homeownership? The housing element also stated that the previous housing element for 2013-2020 determined that 1493 units were needed for affordable housing.Was this accomplished? If so,where are these units? The current housing element states that the median home price for Temecula is$500,000, and that the income to qualify for this price of home is$125,000/year. By this standard my family would not qualify for the home we purchased here in 2007. According to the current housing element,the average rent for an apartment in Temecula is$2,011.This is more than my current mortgage. How is the city addressing the need for starter homes for the local economic workforce? Rentals create ZERO upward mobility and with rent being so expensive, it's impossible for families to save money for a home. Today's real estate market in Temecula is a price gauge war. People are offering 10s of thousands over the asking price just to be competitive. Everyday working families are not going to be able to afford to live in Temecula, a city that prides itself on being a safe, family friendly mecca. I know L. Lamont has created a proposal that addresses housing issues for the local workforce. Her proposal in 10 years in the making. Why is the council resistant to discussing the merits of her proposal? She is a local workforce community member, so she knows what is needed. This topic is going to keep coming up, so what action are you the City Council going to take at this point? You can not pretend you don't know, because these public comments have been made repeatedly. Please act now! Thank you. 2 From: Randi Johl Sent: Tuesday, March 9, 2021 5:37 PM To: Subject: RE: LaMonts proposal Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.johl@temeculaca.gov 41000 Main St,Temecula,CA 92590 Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. Original Message From: Sent: Tuesday, March 9,2021 5:34 PM To: Randi Johl<randi.johl@temeculaca.gov> Subject: LaMonts proposal March 9th council meeting; In regards to the affordable housing listed on the agenda,to be read into the record; According to the 2021-2029 Housing Element Temecula is required to produce 4183 housing units, it however does not answer how or what specific types of housing this will include. Yet the council approved an entire community"Heirloom Farms" off of Ynez and Date St. with no provisions for attainable homeownership for the local workforce, nor any affordable housing. The housing element also states that the previous housing element for 2013-2020 determined 1493 units were needed,was this accomplished? With the current housing element, the median Temecula home is$500,000 and requires an income of$125,000 in order to qualify. 60%of Temeculas population does not earn enough to qualify for homeownership within their own community. The average rent for an apartment in Temecula is$2,011, again according to the current housing element. How is the city addressing the need for starter homes for the local economic workforce? Rentals create zero upward mobility and with rent being so out of touch with income levels it inhibits the ability to save for better. How does the council plan to address the need for homeownership for the local economic workforce? What is the councils resistance to discussing the merits of a proposal brought by a local workforce community member? Please consider LaMonts proposal. Jay Viray 1 From: Randi Johl Sent: Tuesday, March 9, 2021 6:03 PM To: karyn finley Subject: RE: ATTAINABLE HOME OWNERSHIP Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl, JD, MMC Legislative Director/City Clerk randi.johl@temeculaca.gov 41000 Main St, Temecula, CA 92590 geoveciicH__ Ca ieS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: karyn finley< Sent: Tuesday, March 9, 2021 5:39 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject:ATTAINABLE HOME OWNERSHIP In reference to the affordable housing item listed on the agenda to be read into the record. Council, I am excited to see affordable housing is on your agenda for discussion. According to data obtained from official City sources, the median price for a home in Temecula is $500,000 and requires an annual income of $125,000 to qualify. Based on this information, 60% of Temecula households are locked out of home ownership in their own community. Moreover, the average rent for an apartment in Temecula is $2,011. I have the privilege of working alongside Laurel Lamont at Trader Joe's. The job is arduous by nature, leaving most of us physically exhausted and mentally drained. Yet in spite of this, Laurel has tirelessly looked for practical ways to be a part of the solution for the very real housing crisis in Temecula. We have discussed the challenges at length and we are concerned that Temecula City leadership may not be receiving feedback from people in the area about how difficult the situation is. We are convinced that our community is still in great need of effective change to help all families find a path to home ownership. I know Temecula is committed to this goal and that programs have been implemented in the past to address the problem. While steps have been taken, the current situation remains very problematic for families trying to move forward in our community. This is the spirit of my inquiry. I sincerely hope City leadership will seriously consider the ideas Laurel has put forward to address the housing problem. If Temecula City Council has other plans and programs in motion that the public is not yet aware, I would appreciate hearing what those plans are. I have thoroughly searched through the city website content and can find nothing specific about what is actually being done. There is a lack of information available about what has been accomplished. I can find only general information that the city is trying to do something but no data about any actual results. As a member of the community being served, I'm looking for evidence that City leadership empathizes with the people of that community. Thank you for your time. Karyn Finley Realty(R) The LP Group Keller Williams Plano 2 From: Randi Johl Sent: Tuesday, March 9, 2021 6:03 PM To: Mary Ames Subject: RE: Comments on Agenda Item 14 for tonight's meeting Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randijohl@temeculaca.gov johl@temeculaca.gov 41000 Main St, Temecula, CA 92590 Crie;47°. .--15 R CaleS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Mary Ames< Sent:Tuesday, March 9, 2021 6:01 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Comments on Agenda Item 14 for tonight's meeting Dear Randi, Please include the following in the public comments on Agenda Item 14, during tonight's meeting of the City Council. Thank you, Mary Ames Dear Mayor Edwards and members of the City Council: I am writing to add to comments I've made at your January and February meetings, with regard to the need for affordable housing in Temecula and the advantages a more diverse housing supply will bring to our community. Tonight, I expected Agenda Item 14 to include a written report that anyone interested in this matter could read to understand exactly how our City plans to meet its obligations--specifically to meet the need for the 4,183 affordable units so clearly described, at the Housing Element Workshop last September, as Temecula's share of the affordable homes the region will need in the next eight years. But no report has been issued. Instead, Mr. Watson, the Director of Community Development, is to make a presentation to be received and filed. I will listen carefully to Mr.Watson's presentation. I will be more than disappointed --as every resident should -- if he fails to provide the details of an imaginative action plan that will result in the construction of those 4,183 residences in the next eight years. I know it's not the City's responsibility to actually build the houses, but the City is obligated to make sure the land is available for them, and to encourage other entities to do the construction. I trust that the City Council is honorable enough to conclude,from the desperate need for those homes,that it must do everything in its power to see that they are actually built--to establish public-private partnerships,to encourage non-profit developers to build them,float bonds to finance supportive public services, meet with banks to promote special financing arrangements. I will also count on Mr.Watson, during the historical part of his presentation,to tell us how many of the 1,493 affordable homes -- identified as Temecula's share in the City's 2013 Housing Element-- have actually been built. How sad for a city of Temecula's stature merely to report that it had done the minimum required by identifying land on which those homes could be built. Fifty years ago I lived in a city that had about 110,000 people -- roughly the number Temecula has now. As a young adult, I saw how that city council's pursuit of a plan to have a diverse housing supply provided the opportunity to create advantages Temecula lacks: tightly knit neighborhoods designed for people to interact with each other, a workforce with the diversity of skills and talents that a city needs to grow and thrive;a housing inventory with a broad enough price range to insure the continuous, upward mobility of its residents; a workforce that lived close to their jobs, and the resulting reduction in traffic and pollution, and, perhaps most important of all, a city where a broad spectrum of ideas could be shared. If you, our leaders, merely go through the motions of soliciting a staff presentation on affordable housing,then vote to receive and file it away,you will do this community a serious disservice. You will have missed the opportunity to make a good community stronger, healthier, more diverse, better. And, after all, isn't that your duty? Sincerely, Mary Ames 2 From: M. Bourbonnais < Sent: Tuesday, March 9, 2021 6:46 PM To: Randi Johl Subject: Public Comment In reference to the affordable housing item listed on the agenda, to be read into the record: Council, According to public data, the median price for a home in Temecula is $500,000 and requires an annual income of $125,000 to qualify. Based on this information, 60% of Temecula households are locked out of home ownership in their own community. Moreover, the average rent for an apartment in Temecula is$2,011. So-called affordable housing is finally on the agenda for discussion. Out of respect for the overwhelming majority of your constituency, please answer the following questions: 1.Why did Council approve Heirloom Farms, off of Ynez and Date St., with no provisions for attainable homeownership for the local workforce, or any affordable housing? 2. 60% of Temecula's households cannot afford to buy a home; therefore, why didn't Council negotiate better terms for the "affordable housing" developments currently in the pipeline? In other words, why does the City give developers millions of dollars in grants and property, but fail to negotiate basic living standards, such as washer and dryer hooks ups or dishwashers? 3. Laurel Lamont submitted her attainable home ownership proposal in April 2020. Nearly a year later, with 60% of Temecula's households unable to purchase a home, why has Council refused to discuss the merits of this proposal? 4.What action steps will Council take, beyond the presentation of an informative video, to address the need for starter homes for the local economic workforce? Please note these questions are not rhetorical. In addition to my full-time job, I also teach part-time and navigate the demands of a family. I rarely have a day off, but I nonetheless dedicate my personal time to researching housing policies and working alongside Laurel Lamont to create solutions to the housing crisis. I think it's clear that I am not interested in befriending council members, but in strictly advocating for the local workforce. I do this because It's how I'm wired. I care far more about the health and well being of others than about what's trending on Youtube or Tik Tok. However, my time is valuable. Please don't disrespect it by ignoring the questions we've raised or the work we've done.With 60% of Temecula's households locked out of home ownership, it would be an injustice to continue to ignore us. Let us come to the table and work with you to create attainable home ownership. Thank you, Melissa Bourbonnais 1